HomeMy WebLinkAboutOrdinance #3618 T
ORDINANCE NO. 3 h 1 A
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.44 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO ENTERTAINMENT
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 5.44.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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) Ambient music. For the purposes of this Chapter, ambient music shall be
defined as prerecorded music which is audible from a distance of no more than
ten(10) feet from any portion of the exterior of the premises.
(b) Establishment(s). 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.
(c) 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
03ord/chap 544/2/27/03 1
Ordinance No. 3618
members of the public, whether or 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(10) minutes per
hour.
The intent of this section is to require a permit of establishments which
provide that which is commonly known as a "DJ" and to exempt
establishments which provide incidental or ambient music.
(d) 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.
(e) 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:
(1) 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.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
03ord/chap 5-44/2/27/03 2
Ordinance No. 3618
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the—1 —day of tyock , 2003.
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Mayor
ATTEST: � j APPROVED AS TO FORM:
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City Clerk City Attorney
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INITIATED AND APPROVED:
REVIEWED AND P O ED:
Chief of Police
ity Administrator
03ord/chap 5-44/2/27/03 3
Ord. No. 3618
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 15th day of September,2003, and was again read
to said City Council at a regular,meeting thereof held on the 6th day of October,2003,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Coerper, Green, Boardman, Cook, Hardy
NOES: None
ABSENT: Sullivan, Houchen
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 Huntington Beach
Fountain Valley Independent on
bclybe r 1 � ,2003.
In accordance with the CityCharter of said City
ockwa City Clerk City Clerk and ex-officio Clerk
e ut cit clerk of the City Council of the City
of Huntington Beach, California