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HomeMy WebLinkAboutOrdinance #3449 ORDINANCE NO. 3 4 4 9 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO RESTAURANTS, AMUSEMENT AND ENTERTAINMENT PERMITS - The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 5.44.015 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.44.015 Entertainment Restrictions. The permittee shall: (a) ensure entertainment provided is not audible beyond 50 feet from the exterior walls of the business in any direction; and (b) restrict the entertainment provided to that entertainment which is specified in the entertainment permit; and (c) follow all other conditions as set forth in the entertainment permit and in the license as issued by the State of California Alcohol Beverage Control; and (d) ensure that all areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all persons in the business; and (e) post the permit conspicuously in business premises. SECTION 2. That Chapter 5.44 of the Huntington Beach Municipal Code is hereby amended by adding Section 5.44.018, said section to read as follows: 5.44.018 Beverage License Minors on premises. No person conducting, maintaining or carrying on a business, or having charge or control thereof, which has entertainment on its premises shall permit to be admitted on such business premises any minor under the age of twenty-one years, if any alcoholic beverages are consumed, dispensed or sold on the premises, unless the minor is accompanied and under the care at all times of his parent or parents or legal guardian. SECTION 3. Section 5.44.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.44.030 Entertainment Permit--Application (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 1 99ordin/544mc/}mp/09/29/99 provide, entertainment or dancing, the provisions of this chapter shall be satisfied before application is made to the City for any such use 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 true, full name and any other names, including aliases, used by the applicant, and the permanent address of applicant; — (2) The days of the week, specific hours and address where the entertainment is proposed; (3) The true, full name or names and any other names, including aliases of the person or persons having the management or supervision of applicant's business; (4) A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment; (5) 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; (6) 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. (7) A floor plan and site plan showing the building interior and grounds, including parking spaces, and the dimension of each portion. (8) A copy of any other licenses,permits, or entitlements issued to the applicant for this establishment or use by the State of California Alcoholic Beverage Control and any conditions pertaining to that license. (9) A copy of all Conditional Use Permits for the premises. (10) A copy of any other permits, or entitlements issued to the applicant for this establishment or use. (11) A copy of any building or property lease or contract for the address for which the entertainment will take place. (12) The name and address of the owner and lessor of the real property upon which the business is to be conducted. 2 99ordin/544mc/j mp/09/29/99 (13) Acceptable written proof that the applicant is at least eighteen (18) years of age. (14) The social security number and state driver license or identification card number for the applicant. (15) The address to which the Entertainment Permit is to be mailed. (16) A statement under oath that the applicant has read and understands the provisions of this chapter. (17) A statement under oath that the applicant has personal knowledge of the information contained in the application and that the infonnation contained is true and correct. SECTION 4. Section 5.44.050 of the Huntington Beach Municipal Code is hereby amended 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, or Huntington Beach Municipal Code Section 17.10, and (3) The 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 (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 3 99ordin/544 me/j rap/09/29/99 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 211 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 municipal, state, or federal laws, and (9) The required fee has been paid. SECTION 5. Section 5.44.065 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.44.065 Permit--Notice to A licant 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/her right to appeal the denial of his application or any of the conditions imposed. SECTION 6. Section 5.44.070 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.44.070 Permit—Appeal of Decision. Any permitee 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 248.20 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 Chief of Police's decision. SECTION 7. Section 5.44.090 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.44.090 Revocation and/or Suspension of Permit. The Chief of Police may revoke or suspend the permit and license of any person holding same in the City, upon receiving satisfactory evidence that the licensee or permittee has: (a) received an administrative citation which has been upheld at an administrative hearing, or been convicted of, 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; or 4 99or4Jin/544mc/j mp/09/29/99 (b) permitted entertainment that 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, including but not limited to complaints registered with any City Department, the State Alcoholic Beverage Control Board or the County Health Department; or (c) The application is discovered to contain incorrect, false, or misleading information; or (d) the business has been in violation of three (3) or more violations of the same provision, or six (b) or more violations of any of the provisions, of this Chapter occur (regardless of — whether notice of each individual violation is given to the owner or applicant) within any twelve (12) month period; or (e) The permit holder has had a entertainment permit or other similar permit or license denied or revoked for cause by this city or any other jurisdiction located in or out of this state prior to the date of application. SECTION S. That Chapter 5.44, of the Huntington Beach Municipal Code is hereby amended by adding Section 5.44.095, said section to read as follows: 5.44.095 Suspension Revocation.of Permit--Notice to Applicant of Action Taken .Upon determining that grounds for permit revocation or suspension exists, the Chief of Police shall furnish written notice of the revocation to the permit holder. Such notice shall summarize the principal reasons for the revocation. If the notice is mailed, it shall be deposited in the United States Mail, first class postage prepaid, to the address shown on the application. Service shall be deemed complete upon personal service or mailed in the United States Mail. The notice shall also advise the applicant of his right to appeal the revocation or suspension of the permit. SECTION 9. That Chapter 5.44, of the Huntington Beach Municipal Code is hereby amended by adding Section 5.44.097, said section to read as follows: 5.44.097 Revocation/Suspension--Appeal of Decision Any permttee aggrieved by the decision of the Chief of Police to revoke or suspend a permit may appeal to the City Council in the manner provided by Section 248.20 of the Huntington Beach Ordinance Code; except that the written appeal must be filed with the City CIerk within five (5) days of service of written notice of the Chief of Police's decision. The notice shall also advise the permittee of his/her right to appeal the revocation or suspension. 5 99ordin/544mc/jmp109129199 SECTION 10. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of January ,2 0 0 a Mayor ATTEST: APPROVED AS TO FORM: ity Attorney REVIEWED AND APPROVED: ro1g jc INIT D AND APP O ED: City Affministrator Chief of Polic b 99ordin/544mc/jmp/09/29/99 Ord. No. 3449 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 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 thereof held on the 20th day of December, 1999, and was again read to said City Council at a re ular meeting thereof held on the 3rd day of January, 2000, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been published in the Independent on P� • In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway City Clerk of the City Council of the City t .Deputy City Clerk of Huntington Beach, California G/ordinanc/ordbkpg 1/4/00