HomeMy WebLinkAboutOrdinance #3247 ORDINANCE NO. 3247
AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY AMENDING SECTION 5.44.050 OF CHAPTER 5.44 --
RESTAURANTS--AMUSEMENT AND ENTERTAINMENT PREMISES
WHEREAS, based on court rulings concerning entertainment permits, there appears to
be an immediate need to amend a portion of the ordinance concerning entertainment permits
in order to forestall further court action in a current case as well as in future cases;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1.
The Huntington Beach Municipal Code is hereby amended by amending
Section 5.44.050, to read as follows:
5.44.050 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 and report thereon. The Chief of Police shall approve and issue an
entertainment permit if the application and evidence submitted show that:
1) The granting of previous entertainment and other related permits to the applicant
has not, in the past, resulted in the operation of a business or businesses which
have created loud and/or unreasonable noise levels for that location, as regulated
by Huntington Beach Municipal Code section 8.40, or excessive disturbances to the
surrounding environment such that calls for services to the police department have
exceeded fifteen (15) in the preceding twelve (12) months, and
2) The applicant or business has not been previously convicted of disturbing the
peace and/or the creation of and failure to abate a nuisance as defined in the
California Civil Code, and
3) The type of entertainment to be provided would not attract crowds considered large
for that location, would not overwhelm the available police and safety services, and
would not be incompatible with the surrounding environment, and
4) The premises within which the entertainment is to be presented shall provide
sufficient sound-absorbing insulation such that noise generated within the premises
shall not be in violation of Huntington Beach Municipal Code section 8.40 in relation
to adjacent property or public right-of-way or within any other building or other
separate unit within the same building, and
T
7/amend5.44.0 50/S/5/94
5) Considering where the entertainment is to be presented and its proximity to other
businesses, residences, and the surrounding environs, there exist possible effective
means of mitigating the noise emanating from the business to a level of
insignificance and in compliance with Huntington Beach Municipal Code section
8.40, and
6) The place of entertainment is to be located in a zone permitting the proposed use
under Chapter 92 of the Huntington Beach Ordinance Code, and
7) All signage conforms to the requirements for that zone, and
8) The granting of an entertainment permit would not violate other sections of the
Huntington Beach Municipal Code or other applicable laws, and
9) For the renewal of a previously granted entertainment permit, the business has not
necessitated calls to police and resulting police responses as a result of its
operations at a level which is at least 20% greater than calls and responses for
similarly-situated businesses.
SECTION 2.
Pursuant to the authority of Huntington Beach City Charter§ 501, the foregoing
emergency ordinance is hereby declared as an emergency measure for the immediate
preservation of the public peace, health and safety in that the peace and well-being of entire
residential neighborhoods are affected by the continuous loud noise emanating from certain
entertainment businesses.
This ordinance shall take effect immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2ND day of AUGUST , 1994.
Mayor
ATTEST: APPROVED AS TO FORM:
eu�.
City Clerk City�t Ee
REVIEWED A D AP P OVED: INIT D AND APPR
ity"inisr 9hief of Police
2
Tamend5.44.050/515/94
3247
Urgency Ord. No. 3247
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-ofBcio Clerk of the City Council of 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 an adjourned regular meeting thereof held on the 2nd day of
August, 1994, and was passed and adopted by at least four-fifths (4/5) affirmative
vote of said City Council.
AYES: Councilmembers:
Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig,
Sullivan
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
!, fonnie Brockway CITY OLERK of the tatty of
Htmbngton Beach and ekOffac"o Cierk of the City City Clerk and ex-officio C erk
�iQunCit,do hereby certify'that a synopsis of this
ordinance has been puirished in the❑6 Pi'�)t on of the City Council of the City
C7 19.g- of Huntington Beach, California
In accordance wit City Charter of said City.
Connie Brockwa
Ciiy G1erk
p�City G�.k