HomeMy WebLinkAboutEntertainment Permit Ordinance - Amend Chapter 5.44 HBMC, ap (2) f/Uhan - `/irn7
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Deferred/Continued to: C
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Council Meeting Date: December 20, 1999 Department ID Number: PD 99-016
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION
SUBMITTED TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
SUBMITTED BY: RAY SILVER, City Administrator 2jf f N c -`r` '-
PREPARED BY: RONALD E. LOWENBERG, Chief of Poli eTAT`74.
GAIL HUTTON, City Attorney
SUBJECT: APPROVE REVISION OF ENTERTAINMENT PERMIT ORDINANCE
Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachment(s)
Statement of Issue: Chapter 5.44 of the Huntington Beach Municipal Code is in need of
revision. The attached Ordinance has been amended so as to provide the Police
Department and the City Attorney's Office the ability to enforce the individual conditions
specified in the Entertainment Permit.
Funding Source: No funds are required.
Recommended Action: Motion to adopt the amended ordinance of Chapter 5.44 of the
Huntington Beach Municipal Code.
Alternative Action(s): Do not approve the amended ordinance.
"V\1 - A
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REQUEST FOR COUNCIL/REDEVELOPMENT F UENCY ACTION
MEETING DATE: December 6,1999 DEPARTMENT ID NUMBER: PD 99-016
Analysis: The City Attorneys' Office recently advised the Huntington Beach Police
Department's Vice Unit that the current Entertainment Permit ordinance did not allow for
enforcement of the provisions contained within the actual permit once it was actually issued.
The wording did not allow the City Attorneys' Office to prosecute violations of the specific
conditions enumerated in the Entertainment Permit. In addition, we discovered that the
criteria listed for grounds to revoke a permit were vague and challengeable.
After several meetings and some research, the attached amended Ordinance was drafted by
the City Attorneys' office. The adoption of this ordinance will allow the Police Department
and the City Attorney's office the ability to take action when violations of an Entertainment
Permit are observed. It provides for due process while preserving the Cities' ability to control
entertainment at commercial locations within the City.
This revised Ordinance clarifies the suspension and revocation process. Under the current
Ordinance, the City Council has the sole authority to revoke an Entertainment permit. The
permittee's only avenue of appeal is to file a lawsuit. The grounds to revoke a permit were
vague and difficult to enforce on a uniform basis. The ordinance is worded toward
revocation. (5.44.090)
The proposed revision Ordinance specifies the criteria for a suspension and a revocation.
The Chief of Police has the sole authority to suspend or revoke the Entertainment permit
(5.44.090) and the permittee will have the ability to appeal the action to the City Council
(5.44.097).
The proposed revision Ordinance also addresses the City's Administrative Citation process
and states that the settled citation is the equivalent of a criminal conviction for the purposes
of suspension and/or revocation.
Environmental Status: N/A
Attachment(s):
City Clerk's
Page Number
1. Ordinance No. 39'41
2. Legislative Draft
RCA_HED -2- 11/23/99 11:48 AM
ATTACHMENT # 1
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
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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.
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(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 information 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
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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 Applicant of Action Taken. Within twenty (20)working days after
the making and filing 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
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(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 (6) 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
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(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 8. 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 permitee 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 Clerk 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.
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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 0.
Cact,:42 Ack40-e•
Mayor
ATTEST:
APPROVED AS TO FORM:
�f�Cl-
/ 9r
&City Attorney Cilvf
REVIEWED AND APPROVED: 0/81611
INIT _ D AND APP: • ED:
City AS"ministrator fr>' /#/ 1 • •
Jibiled.
Chief of Police
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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 regular 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
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published in the Independent on j
,19 L/
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
Deputy City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
1/4/00
A•TTAC• H••MENT #2
Ordinance No.-3 Li
LEGISLATIVE DRAFT
Chapter 5.44
RESTAURANTS--AMUSEMENT AND ENTERTAINMENT PREMISES
(1265-12/66, 1444-10/68, 1454-12/68, 3213-11/93, Urg.3247-8/94)
Sections:
5.44.010 Entertainment permit required
5.44.015 Entertainment restrictions
5.44.018 Beverage License
5.44.020 Definitions
5.44.025 Repealed -- Ordinance 3213-11/93
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 to Applicant of Action Taken
5.44.070 Permit--Appeal of decision
5.44.080 Exclusions
5.44.090 Revocation of permit--Hearing
5.44.095 Revocation of Permit--Notice to Applicant of Action Taken
5.44.097 Revocation/Suspension--Appeal of Decision
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. (1265-12/66, 1454-12/68,2541-3/82, 3213-11/93)
(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. (3213-11/93)
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. (3213-11/93)
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The issuance of a Sex Oriented Business Permit pursuant to Chapter 5.70 of this Code is
applicable satisfies the entertainment requirement of this Chapter. A separate entertainment
permit is not required.
5.44.015 Entertainment restrictions. The entertainment provided or allowed by the
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.
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.
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. (1265-12/66,2541-3/82, 3213-11/93)
(a) 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. (3213-11/93)
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(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: (3213-11/93)
(1) (a) Any amusement orevent 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. (3213-11/93)
(b) Live or recorded music where public dancing is permitted. (3213-11/93)
(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 not
the participants in said activities are compensated by the establishment. (3213-11/93)
(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. (3213-11/93)
(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. (3213-11/93)
(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. (3213-11/93)
"Patron(s)".do not include: (3213-11/93)
(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; (3213-11/93)
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(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; (3213-11/93)
(3) persons who conduct entertainment at the subject establishment. (3213-11/93)
5.44.030 Entertainment permit--Application. (3213-11/93)
(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 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. (3213-11/93)
(b) Applicants for entertainment permits shall file a written, signed and acknowledged
application with the Business License Department showing: (3213-11/93)
(1) The true, full name and any other names, including aliases, used by the
applicant, and the permanent address of applicant;.(3213-11/93)
(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; (3213 11/93)
(2)( ) The date, days of the week, specific hours and address lee-Mien where the
entertainment is proposed, and the admission fee, if any, to be charged;
(3)0) 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)(5) A statement of the nature and character of applicant's business, if any, to be
carried on in conjunction with such entertainment;
(5)(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;
(6)(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. (1265-12/66, 1454-12/68)
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(7)(8) A floor plan and site plan showing the building interior and grounds, including
parking spaces, and the dimension of each portion. (3213-11/93)
(8)(93 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.
(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
information contained is true and correct.
5.44.040 Permit--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. (1265-12/66,3213-11/93)
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
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Chief of Police shall approve and issue an entertainment permit if the application and evidence
submitted show that: (1265-12/66, 1444-10/68,3213-11/93, Urg. 3247-8/94)
(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 (Urg.3247-8/94)
(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 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 (Urg.3247-8/94)
(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 (Urg.3247-8/94)
(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 (Urg.3247-8/94)
(6) The place of entertainment is to be located in a zone permitting the proposed use
under Chapter 92 211 of the Huntington Beach Ordinance Code, and (Urg.3247-8/94)
(7) All signage conforms to the requirements for that zone, and (Urg. 3247-8/94)
(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 (Urg.3247-8/94)
(9) For the renewal of a previously granted entertainment permit, the business has not
b
0
situated businesses. (Urg. 3217 8/91)
(9) The required fee has been paid.
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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.
(1265-12/66)
5.44.065 Permit--Notice to Applicant of Action Taken. .Within.twenty.(20).working..days.after
the making and filing of the application, unless the applicant signs a written waiver of notice, the
Police Department shall mail or personally deliver written notice tuthe 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.- (3213-11/93)
5.44.070 Permit--Appeal of decision. Any permitee 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 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. (1444-10/68,3213-11/93)
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&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. (1265-12/66)
5.44.090 Revocation and/or Suspension of permit- ] ng.
(a)The City Council Chief of Police 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 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
7
legisdrft/544mc/09/29/99
violation of the provisions of this chapter, or of any other law or ordinance of the City or
state relating to such business; or The City Council may-reveke-any-pefnlit-issued-er
granted under section 5.11.030 if, after hearing,
(b) it is determined that the 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 the any City Police or Fire Departments,with the
,:the State Alcoholic Beverage Control.Board.or ... ,
the County Health Department; or may be ^ sidered'n the deterinatio „fwhether o
not ^ e has bee„ ^ eatea
Eb 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-t��s i ce-of the-heari„b 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 his own behalf, and
shall prepare written findings. The City Council shall consider those findings and any
determination as to whether the permit should be revoked, modified or remain in force.
{3213 11/93)
(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
smile provision, or six (6) 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.
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.
8
legisdrft/544mc/09/29/99
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.
5.44.097 Revocation/Suspension--Appeal of Decision
Any permitee 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 Clerk 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.
5.44.100 Revocation of permit--Reapplication: Whenever a permit or license 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. (1265-12/66)
9
legisdrft/544mc/09/29/99
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) s s. I CITY OF PERMITS
HUNTINGTON SYNOPSIS:
County of Orange ) BEACH Chapter 5.44 of the
Huntington NOTICE Beach Mu-
ORDINANCE nicipal Code has been
. 3449 , amended so as to
NO
AdoptedNO b the Cit provide the Police De-
am a Citizen of the United States and a Council on 1-3-2000 panmentAtto ney'sanOffithe Ci
ce he
resident of the County aforesaid I am 1 AN ORDINANCE OF ability to enforce the in-
; THE CITY OF dividual conditions spec-
HUNTINGTON ified in the entertainment
over the age of eighteen years, and not a BEACH AMENDING Permit.
party to or interested in the below CHAPTER 5.44 OF The adoption of this
THE HUNTINGTON ordinance will allow the
BEACH MUNICIPAL Police Department and
entitled matter. I am a principal clerk of the City Attomey's office
P P CODE RELATING the ability to take action
a TO RESTAURANTS, when violations of an
the HUNTINGTON BEACH INDEPENDENT,
AMUSEMENT AND Entertainment Permit
newspaper of general circulation, printed ENTERTAINMENT are due processowhile
for due while
preserving the Cities'
andpublished in the City of Huntington ability to control enter-
Beach CoUn tainment at commercial
ty of Orange, State of locations within the City.
Ordinance No. 3449
California, and that attached Notice is a specifies the criteria for
a suspension and a rev-
true and complete copy as was printed ovation (5.44.095). The
Police
Chief of Police has the
and published in the Huntington Beach sole authority e
suspend or revoke the
Entertainment permit
and Fountain Valley issues of said (5.44.090) and the per-
mittee will have the abil-
newspaper to wit the issue(s) of: itytoappealtheactionto
the City Council
(5.44.097).
Section 5.44.018
Beverage License Mi-
nors on premises has
also been amended.
'THE FULL TEXT OF
THE ORDINANCE IS
January 13 , 2000 AVAILABLE IN THE
CITY CLERK'S OF-
FICE.
ADOPTED by the City
Council of the City of
Huntington Beach at a
I declare, under ena ofperjury, that regular meeting held
l}��
P `I Monday, January 3,
the foregoing is true and correct. roll by the following
roll call vote:
AYES:
Councilmembers:
Julien, Sullivan,
Harman, Garofalo,
Executed on January 13 , 2000 NOESGreen,
Dettloff,Bauer
at Costa Mesa, California. Councilmembers:
None
ABSENT:
Councilmembers:
None
This ordinance is ef-
fective 30 days from
' date of adoption.
CITY OF
HUNTINGTON BEACH
/ 2000 MAIN STREET,
HUNTINGTON BEACH,
C 92
CA 92647
536-5227
Signature CONNIE BROCKWAY,
CITY CLERK
Published Huntington
Beach-Fountain Valley
Independent January
13,2000
012=8$Q