HomeMy WebLinkAboutOrdinance #3213 ORDINANCE NO. 3213
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING AND DELETING SECTIONS OF CHAPTER 5.44
PERTAINING TO RESTAURANT, AMUSEMENT AND
ENTERTAINMENT PERMITS
The City Council of the City of Huntington Beach does hereby.ordain as follows:
SECTION 1: Chapter 5.44 of the Huntington Beach Municipal Code is hereby
amended by adding Sections 5.44.015 and 5.44.065 and omitting Sections 5.44.100 and
5.44.110, and amending Sections 5.44.010, 5.44.020, 5.44.030, 5.44.0407
5.44.0501 5.44.070 and 5.44.090, to read as follows:
Sec i ns•
5.44.010 Entertainment permit required
5.44.015 Entertainment restrictions
5.44.020 Definitions
5.44.030 Entertainment permit--Application
5.44.040 Permit--Application fee.
* 5.44.050 Permit--Granting
5.44.060 Permit--Period valid
5.44.065 Permit--Notice of Action
5.44.070 Permit--Denial--Appeal
5.44.080 Exclusions
5.44.090 Revocation of Permit--Hearing
5.44.100 Revocation of Permit--Reapplication
5,44.010 Entertainment permit required.
(a) No person shall provide or permit any type of entertainment in a coffee
shop, restaurant, nightclub, or place where food or other refreshments are
served and which is open to the public unless such person shall first obtain a
permit to do so from the Chief of Police as hereinafter provided.
(b) Every establishment in the City of Huntington Beach is subject to the
requirements of this chapter, if entertainment or dancing is conducted or
proposed to be conducted in such establishment.
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(c) No entertainment or dancing will be allowed in any establishment, unless a
permit therefor is granted, in compliance with the provisions of this chapter,
and unless said establishment is in complete compliance with every other
applicable law which may otherwise apply to the operation of the
establishment.
5.44.015 Entertainment Restrictions. The entertainment provided or allowed by the
permittee shall be restricted to that which is specified in the entertainment permit.
5.44.020 Definitions. The following definitions shall be for purposes of this Chapter
only, unless specifically adopted by another section of the Huntington Beach Municipal
Code for use therein.
(a) EstablishmentLsl. Except as otherwise provided, and for purposes of this
Chapter, an "establishment" means any location within the limits of the City
of Huntington Beach to which the public may be invited where alcoholic
beverages are served.
(b) Entertainment, As used in this Chapter, "entertainment" means a
single event, a series of events, or an ongoing activity or business, occurring
alone or as part of another business, to which the public is invited to watch,
listen, or participate, or is conducted for the purposes of holding the
attention of, gaining the attention of, or diverting or amusing guests or
patrons, including, but not limited to:
1.(a) Any amusement or event such as live music or other performance
which is knowingly permitted by any establishment subject to this
chapter, including presentations by single or multiple performers,
such as hypnotists, pantomimes, comedians, song or dance acts,
plays, concerts, any type of contest; sporting events, exhibitions,
carnival or circus acts, demonstrations of talent or items for gift or
sale, shows, reviews, and any other such activity which may be
attended by members of the public.
(b) Live or recorded music where public dancing is permitted.
2. Any event controlled, conducted, sponsored, encouraged, or
knowingly permitted, by an establishment subject to this chapter,
which involves any of the activities described in the foregoing
paragraphs which is presented by members of the public, whether or
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not the participants in said activities are compensated by the
establishment.
3. Establishments which provide juke boxes, televisions, video games,
video programs, or recorded music and no other entertainment, as
herein defined, are not required to comply with the provisions of this
chapter, unless the recorded music is played on equipment which is
operated by an agent or contractor of the establishment for a period
exceeding ten minutes per hour.
The intent of this section is to require a permit of
establishments which provide that which is commonly known as a
"DI" and to exempt establishments which provide incidental or
ambient music.
(c) Dancing. "Dance and Dancing" is defined as movement of the human
body, accompanied by music or rhythm, except, however, "dance and
dancing", as used in this chapter, means dancing by patrons only; any other
form of dance is deemed "entertainment", as defined herein.
(d) Patron(s). "Patron(s)," is defined as a member or members of the
public who enter any establishment subject to this chapter, except as
hereinafter provided.
"Patron(s)" do not include:
any agent, owner, employee or contractor of an
establishment subject to this chapter. Any person who
indirectly or directly receives anything of value in exchange
for his or her services rendered on behalf of such
establishment shall be considered an "employee" hereunder,
(2) any agent or representative of any governmental entity of any
description whatsoever, including ad hoc boards, task forces,
and commissions, provided that such agent or representative
enters an establishment, acting in his or her official capacity
on behalf of said governmental entity.
(3) persons who conduct entertainment at the subject
establishment.
5.44.030 Entertainmen.Lpermit--ADplicaCion.
(a) If a Conditional Use Permit, or any other entitlement, except a certificate of
occupancy, is required for the use of any establishment which proposes to
provide, or which does provide, entertainment or dancing, the provisions of
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this chapter shall be satisfied before application is made to the City for any
such permit or entitlement. The body before whom such entitlement
application is heard shall not impose any condition inconsistent with the
conditions imposed on a permit issued pursuant to this chapter.
(b) Applicants for entertainment permits shall file a written, signed and
acknowledged application with the Business License Department showing:
(1) the name and permanent address of applicant;
(2) A detailed description of the entertainments, including type of
entertainment, number of persons engaged in the entertainment, and
any further information about the entertainment as the Chief of
Police deems necessary.
(3) The date, hours and location where the entertainment is proposed,
and the admission fee, if any, to be charged.
(4) The name or names of the person or persons having the management
or supervision of applicant's business.
(5) A statement of the nature and character of applicant's business, if
any, to be carried on in conjunction with such entertainment;
(6) 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;
(7) 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 Chief of Police may deem necessary.
(8) A floor plan and site plan showing the building interior and grounds,
including parking spaces, and the dimension of each portion.
(9) A copy of any other licenses, permits, or entitlements issued to the
applicant for this establishment or use.
5.44.040 Pgrm!L-Application Fee. A fee of Two Hundred Dollars ($200) shall
be paid upon the filing of each application for a permit for the purpose of defraying the
expenses incidental to the processing of the application. This fee amount shall be valid for a
period of one year from the date of adoption of this ordinance. Thereafter the fee shall be
set by resolution of the City Council.
5R44.050 Permit-Granting. After the making and filing of the application, the
Business License Department shall refer the matter to the Chief of Police for investigation
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and report thereon. if satisfied as to the good character of the applicant, and that the
entertainment, as proposed, will not be detrimental to the public welfare, and that all other
requirements of applicable law have been satisfied, the Chief of Police shall grant a permit.
5.44.060 Permit--Period valid. The permit shall be granted for the specific occasion
requested, or if the request is for continuous permit, the permit shall be issued for not
longer than one year.
5.44.065 Permit-Notice to Applicant of Action Taken. Within twenty (20) working
days after the making and fling of the application, unless the applicant signs a written waiver
of notice, the Police Department shall mail or personally deliver written notice to the
applicant stating the action that was taken on the application, together with a list of any
conditions imposed if the application is granted or, if the application is denied, the specific
grounds for the denial. The notice shall also advise the applicant of his right to appeal the
denial of his application or any of the conditions imposed.
5.44.070 Permit-Appeal of Decision. Any permit applicant aggrieved by the
decision of the Chief of Police to deny or impose any conditions on such a permit may
appeal to the City Council in the manner provided by section 9880 of the Huntington
Beach Ordinance Code; except that the written appeal must be filed with the City Clerk
within five (5) days of service of written notice of the decision.
5-44.080 Exclusions. The provisions of section 5.44.010 shall not be deemed to
require a permit for the following:
(a) For the use of a radio or music recording machine, 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 entertainment at regular intervals, when proceeds, if any, arising from such
entertainment are used for the purposes of such club, society or association.
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5.44.090 Revocation of Permit-Hearing.
(a) The City Council may, after conducting a public hearing on the matter, revoke or
suspend the permit and license of any person holding same in the City, upon
receivingsatisfactory evidence that the licensee or permittee has been convicted of
rY
or has entered a plea of guilty to any violation of the provisions of this chapter, or
of any other law or ordinance of the city or state relating to such business. The City
Council may revoke any permit issued or granted under section 5.44.050 if, after h
hearing, it is determined that the entertainment is detrimental to the public welfare
or that permittee, or his employees, are engaged in conduct or behavior which
creates unreasonable noise or constitutes a nuisance. Complaints registered with the
City police or fire departments, with the Department of Community Development,
the State Alcoholic Beverage Control Board or the County Health Department may E
be considered in the determination of whether or not a nuisance has been created.
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(b) The City Council may, in its discretion, appoint an independent hearing officer to
conduct a revocation hearing. The hearing officer will provide notice of the time
and place of the hearing to the permittee ten (10) days in advance of the hearing.
The officer shall make a recommendation to the City Council after hearing evidence
and providing the permittee with an opportunity to be heard and present evidence
in its own behalf, and shall prepare written findings. The City Council shall consider
these findings and any other written material which the permittee submits in its
behalf and make a determination as to whether the permit should be revoked,
modified or remain in force.
5.44.100 Revocation of Permit--Reapplication. Whenever a permit or Iicense
is revoked under the terms of this chapter, no other application for a permit under this
chapter shall be considered for a period of one year from date of such revocation.
SECTION 2. This ordinance shall take effect 30 days after adoption.
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PASSED AND ADOPTED by the City of Huntington Beach at a regular meeting -
thereof held on the 25th .day of.-..... rPr
Mayor
A TEST: - APPROVED AS TO FORM: _
City Clerk CIO Attorney
REVIEWED VED: ]NIT ED AND APPRO D:
f
ty ministrator lice Chief
INIT ATED AND APPROVED:
City Treasurer
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Ord. No. 3213
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified 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 ordinance was read to said City Council at a regular
meeting therof held on the 4 h day of ()rtnhpr
19 93 and was again read to said City Council at a regular
meeting therof held on the 25th day of October,_ > 19, g3, and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
Robitail le, Moulton-patterson, winche,ll_t Silva,._ suiliyon, Leipzig
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Bauer
wu�
i, bonnie Bro 'naY CITY OLERK of the City of
Huntington Bea0 nd ou-officb Cie*of the City
Coju' ii,do hereby cprx.Ty that a synopsis of this .
ordinance teas been putlished in the Daily Pilot on City Clerk and ex-off i o Clerk
of the City Council of the City
in aocordance with Me City Charter of said City. of Huntington Beach, California
Connie Brockway
City Clerk
platy City LU k