HomeMy WebLinkAboutOrdinance #3862 ORDINANCE NO. 3862
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.44 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO 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 in the license issued by the state of California
Alcoholic Beverage Control, Conditional Use Permit, California Civil Code, or
any other restriction issued by any regulatory power with authority over the
business or premise; 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.
(f) Entertainment Permits shall be applicable at all hours, regardless if entertainment is
present,with the exception of those conditions specifically listed on the permit which
are only applicable during hours of entertainment.
(g) For patron safety, dancing will only be permitted within an area preapproved in the
Entertainment Permit and clearly delineated as a dance floor.
SECTION 2. Section 5.44.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.44.040 Permit--Application fee. A fee 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. The fee shall be set by resolution of the City Council. (1265-12/66,3213-11/93)
SECTION 3. 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
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Ordinance No. 3862
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) (a) 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
(b) For new permits or locations where significant modifications have been
made requiring modification to a conditional use permit or certificate of
occupancy, the applicant shall submit a sound survey prepared by a
licensed engineer showing that the proposed entertainment will not
create undue noise or violate the decibel limits for the zoning district as
listed in section 8.40 HBMC. This survey shall state the maximum
allowable interior decibel limits to stay within the limits of 8.40
HBMC.
(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.
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Ordinance No. 3862
SECTION 4. Section 5.44.070 of the Huntington Beach Municipal Code is hereby
deleted.
SECTION 5. Section 5.4.090 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 four-administrative citations which have been upheld at an
administrative hearing, or been convicted of, or has entered a plea of guilty to
four violations of the provisions of this chapter, or of any other law or ordinance
of the City or state relating to such business; or
(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 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 6. Section 5.44.097 of the Huntington Beach Municipal Code is hereby
deleted.
SECTION 7. Section 5.4.110 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.44.110 Separate Violations. Each condition listed on the Entertainment Permit or
ABC license which is violated, shall constitute a separate violation of this sub-section,
and may be charged as separate counts.
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Ordinance No. 3862
SECTION 9. Section 5.44.120 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.44.120 Additional Permit Violations. All owners, employees, representatives, and
agents must obey all state, local, and municipal laws, and conditions of the
Conditional Use Permit,Alcoholic Beverage Control License, or any other
regulations, provisions, or restrictions prescribed by a regulatory authority with
jurisdiction over the premise; at all times. Violations of any law or conditions of the
Conditional Use Permit will be considered a violation of this permit under §
5.44.015(c) of the Huntington Beach Municipal Code.
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 19 th day of January , 20 10.
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ATTEST: INITIATED AND APPROVED:
Ci Cie k Chief of Police
REVIE D APPROVED:
AP OVED AS TO FORM:
y A�Ministrator
City ttorney
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Ord. No. 3862
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN,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 December 21,2009, and was again read to said City Council at a
regular meeting thereof held on January 19,2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: Coerper
ABSTAIN: Carchio
I,Joan L.Flynn,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 January 28,2010..
In accordance with the City Charter of said City
Joan L. Flynn, Ci1y Clerk ' y Clerk and ex-officiSk lerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California