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Home My WebLink AboutOrdinance #1265 ORDINANCE No. 1265 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE. HUNTINGTON BEACH ORDINANCE CODE BY ADDING CHAPTER 28 AND ARTICLES AND SECTIONS THERE- OF - RELATING TO AMUSEMENT AND ENTERTAIN- MEW2 IN RESTAURANTS AND OTHER PLACES WHERE FOOD AND REFRESHMENTS ARE SERVED. The City Council of the City of Huntington Beach does ordain as follows : Section 1. That Chapter 28 is hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows : CHAPTER 28 AMUSEMENT AND ENTERTAIM,11ENT PREMISES RESTAURANTS Section 20 That Article 281 is hereby added to Chapter 28 of the Huntington Beach Ordinance Code to read in words and figures as follows : ARTICLE 281 GENERAL Section 3. That the following sections are hereby added to Article 281 of the Huntington Beach Ordinance Code to read in words and figures as follows : Section 2811 Entertainment in place serving_ food or "" -e-. Refreshments _ -Permit Required. Section 2812 No person shall provide or permit any type of entertainment in a coffee shop, restaurant or place where food or other refreshments are served and which is open Ord. No. 1265 to the public, unless such person shall first obtain a per- mit so to do from the City Council as hereinafter provided. S. 2813 A restaurant or place where food or other refreshments are served shall include any place or premise where alcoholic beverages only are served. S. 2814 Entertainment shall include any presenta- tion or activity of any nature which. is designed or intended to divert, amuse, or attract the attention of persons observ- ing such presentation or activity, including, but not limit- ed to, any type of presentation in which live models appear before an audience of any number of persons. Section 4. That Article 282 is hereby added to Chap- ter 28 of the Huntington Beach Ordinance Code to read in words and figures as follows : ARTICLE 282 PERMIT Section 5. That the following sections are hereby added to Article 282 of the Huntington Beach Ordinance Code to read in words and figures as follows : S. 2821 APPLICATION FOR PERMIT. Applicants for entertainment permits shall file a written, signed and acknow- ledged application with the City Clerk showing: (a) The name and permanent address of applicant. (b) A detailed description of the entertainment, In- cluding type of entertainment, number of persons engaged in the entertainment, purpose of the entertainment, and any fur- ther information about the entertainment as the Council may deem necessary. (c) The date, hours and location where said enter- tainment is proposed, and the admission fee, if any, to be charged. (d) The name or names of the person or persons having the management or supervision of applicant's business. (e) The length of residence of applicant within the City. 2. Ord. No. 1265 (f) A statement of the nature and character of ap- plicant' s business, if any, to be carried on in conjunction with such entertainment. (g) Whether or not the person or persons having the management or supervision of applicant' s business have been convicted of a crime, the nature of such offense, and the sentence received therefor. (h) Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business as the Council may deem necessary. S. 2822 APPLICATION FEE. A fee of $25. 00 shall be paid upon the filing of each application for a permit for the purpose of defraying the expenses incidental to the process- ing of said application. S. 2823 GRANTING PERMIT. After the making and fil- ing of said application, the City Clerk shall refer the mat- ter to the Chief of Police for investigation and report there- on. If satisfied as to .the good character of the applicant that said- entertainment, as proposed, will not be' detrimental to the public welfare, the Council shall grant a permit. S. 2823.1 The permit shall be granted for the spec- ific occasion requested, or if the request is for a continu- ous permit, said permit shall be issued for not longer than ' one (1) year. S. 2824 EXCLUSIONS. The provisions of Section 2811 shall not be deemed to require a permit for the following: (a ) For the use of a radio or music recording mach- ine, or juke box in any establishment. (b) For any entertainment provided for members and their guests at a private club where admission is not open to the public. (c) For entertainment conducted in connection with a regularly established recreation park, circus or fairground. (d) For entertainment conducted by or sponsored by any bona . fide club, society, or association, organized or incorporated for benevolent, charitable, dramatic or literary purposes having an established membership and which holds meetings other than such entertainm nt at regular intervals , when proceeds , if any, arising from such entertainment are used for the purposes of such club, society or association. -3- Ora. No. 1265 Section 6. That Article 283 is hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows.: ARTICLE 283 ENFORCEMENT Section 7. That the following sections are hereby added to Article 283 of the Huntington Beach Ordinance Code to read in words and figures as follows : Section 2831 REVOCATION OF PERMIT. The City Council may revoke or suspend the permit an license of any person holding same in the City, upon receiving satisfactory evidence that said licenseec-or-permittee has been convicted of, or has entered a plea of guilty to any violation of the provisions of this section, or of any other law or ordinance of the City or State relating to such business, or upon the recommendation of the Chief of Police. The Chief of Police may recommend revocation of any permit issued or granted un- der Section 2821 if, after Investigation, he determines the applicant or his employees are not of good chabacter or that said entertainment is detrimental to the public welfare or that permittee, or his employees, are engaged in immoral, improper, or otherwise objectionable conduct or behavoir Section 2821.1 Whenever a permit or license is revoked under the terms of this section no other application for a permit under this ordinance shall be considered for a period of one year from the date of such revocation. Section 2832 REVOCATION OF PERMIT, HEARING. No permit shall be revoked until a hearing thereon shall have been had by the City Council,, notice of which hearing shall have been given in writing and served at least ten (10) days prior to the date of such hearing upon the holder of such per- mit, his manager or agent, which notice shall state the- �rounas of the complaint against the holder of such permit, and the time and place where such hearing will be held. Such notice shall be served on the holder of such permit by delivering the same to such holder, his manager or agent, or by leaving such notice at the place of business or residence of such holder with some adult person. If the holder of such permit cannot be found and service of such notice cannot be made upon him in the manner herein provided, then a copy of such notice shall be 4. Ord. NO.1265 addressed to the holder of such permit at such place of bus- iness and deposited in the United States mail ,at Huntington Beach, California, with postage thereon fully prepaid, at least ten (10) days prior to date of such hearing. The time of such notice may be shortened by the City Council with the written consent of the holder of the permit. S. 2833 VIOLATION - MISDEMEANOR. Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by fine or imprisonment or both as provid- ed for in this Code. Section 8. The City Clerk shall certify to the pass- age and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 7 Lh day of Nov.ember_, 1966. May(Tr ATTEST: APPROVED AS TO FORM: City gl:i5rk r� . DALE"-BUSH-L__,' City Attor 7_ ne 5. Ord. No. 1265 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, the duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex officio Clerk of the City Council of the said City," do hereby certify that the whole number of members .of the City Council of the City of Huntington Beach is seven; that the foregoing �r adjourned ordinance was read to said City Council at a regulanrmeeting thereof he"ld on the 2Othday of October 19 66 , and was again read to said City Council at a regular meeting thereof held on .the 71-" day of November 19 66 , and was passed and adopted; by the affirmative vote of more than a majority of all the members of said City Council . AYES: Councilmen: Coen, Bartlett , Gisler , Kaufman, Shipley, Green, Stewart NOES: Councilmen None ABSENT : Councilmen: None - e - City Clerk a ex-officio Clerk dll(, _ L, 2 of the City Council of the City Cotstl .++, j r:-:eby certify that of Huntington Beach, California this o'rdinaNLe has been published in the Huntington peach News on In acccrdar...;e w►th 4ie City Charter of City Clerk Deputy City Clerk)