Loading...
HomeMy WebLinkAboutEntertainment Permits - increased fines for violation of ent (2) PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a HUNTINGTONBEACH LEGAL NOTICE. resident of the County aforesaid; I am ORDINANCE NO.3862 Adopted by the over the age of eighteen years, and not a City Council on art to or interested in the below entitled N ORDINANCE.-OF 1C,.-OF T party "AN ORDINANCE,OF THE N 7 CITY OF .HUNTINGTON matter. I am a principal clerk of the BEACH 5A4 O , nE p p �CHAPTER 5:44 OF,THE' HUNTINGTON BEACH INDEPENDENT, -MUNCIPALOCODEEACH RE- i,LATING,TO ENTERTAIN- a newspaper of general circulation, MENTPERMITS' rinted and ublished in the Cit of ON DE EM: p p y THE CITY TABLISHED THE DOWN- ' n�COU CIL,ES- Huntington Beach, County of Orange, ,`TOWN IMAGE AD :HOC � State of California, and that attached " COMMITTEE 70 FOCUSON IMPROVING THE EN- Notice is a true and, com lete co as VORINMENT IN THE DOWNTOWN AREA THE p py COMMITTEE DETER- was printed and ublished in the - MINED THAT`THE FINE" p p !SCHEDULE'FOR A VIO `LATION ON AN:ENTER- Huntington Beach issue of said TAINMENT PERMIT IS - newspaper to wit the Issue(s) of. NOTE EFFECTIVE'DE-. 'TERRENT:'TO 'VIOLA- TIONS OF .THESE PER- MITS. IN ADDITION, THE POLICE.'DEPARTMENT IDENTIFIED -SECTIONS OF CHAPTER-5.44 OF THE HUNTINGTON January 28, 2010 B'EACH MUNICIPAL CODE(HBMC), RELAT _ING'TO ENTERTAINMENT PERMITS, AND RECOM- MENDED MODIFICATION. PASSED AND ADOPTED by the City Council of the City,of Huntington Beach 'at "a regular' meeting held January 19, 2010 by the follow- ing roll call vote: declare> under penalty of perjury, that AYES: Hardy,_ Green, Bohr,Dwyer,Hansen' NOES:None the foregoing is true and correct. ABSTAIN:Car�chio. ABSENT:Coerper THE FULL TEXT OF THE ORDINANCE IS;AVAIL Executed on February 3, 2010, I�ERWSOFFICEE C17YI This ordinance is effec at Costa Mesa, California. adopti n., days after. CITY OF HUNTINGTON BEACH 2000 MA it STREET HUNTINGTON BEACH; CA.92648 Sr i g n at u re JOAN L.FLYNN, CITY CLERK Published Huntington Beach Independent Jan= ,uary 28,2010 014-319 c, �k-, A-)7=�)aC77&4,) Council/Agency Meeting Held: 011 Deferred/Continued to: P%E2� / 0/D ' , proved ❑ Conditional)��ro ed ❑ Denied J Ci #Cler s Sign re Council Meeting Date: December 21, 2009 Department ID Number: PD-09-018 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY CO IL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIS R PREPARED BY: KENNETH W. SMALL, CHIEF OF P CE SUBJECT: MODIFY ORDINANCES RELATING TO ENTERTAINMENT PERMITS AND INCREASE VIOLATON FINE SCHEDULE Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On December 15, 2008, the City Council established The Downtown Image Ad Hoc Committee to focus on improving the environment in the downtown area. The Committee has determined that the current fine schedule for a violation of an Entertainment Permit is not an effective deterrent to violations of these permits. In addition, the Police Department has identified sections of Chapter 5.44 of the Huntington Beach Municipal Code (HBMC), relating to Entertainment Permits, the Department is recommending modification. Funding Source: Not applicable Recommended Action: Motion to: 1. Adopt Resolution No. 2009-86 A Resolution of the City Council of the City of Huntington Beach setting fines for civil violations of the Chapter 5.44 of the Huntington Beach Municipal Code. 2. Adopt 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. Alternative Action(s): Reject the recommended action and direct staff accordingly. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: December 21, 2009 DEPARTMENT ID NUMBER: PD-09-018 Analysis: The Downtown Image Ad Hoc Committee has identified a number of items to improve the environment in the downtown area. One of the items was to modify the fine resolution for violations of an Entertainment Permit. The committee found the current fine schedule is not an effective deterrent to violations of these permits. The current fine schedule is $250.00 for the first violation, $500.00 for the second, and $1000.00 for the third and subsequent violations. On August 17, 2009, the Committee recommended to City Council the fine schedule resolution be modified to: 1. $500.00 fine for the first violation. 2. $1,000.00 fine plus five day suspension of the permit for the second violation. 3. $1,000.00 fine plus 15 day suspension of the permit for the third and any subsequent violation. 4. The Entertainment Permit is subject to revocation by the Chief of Police for the fourth and any subsequent violation. The City Council voted to accept this recommendation and directed the City Attorney and Chief of Police to make the necessary amendments to modify the fine resolution., The Police Department has also identified sections within Chapter.5.44 of the Huntington Beach Municipal Code (HBMC), Restaurants—Amusement and Entertainment Permits, the Department is recommending modifying. The modifications include: • Make conditions of an Entertainment Permit applicable during all business hours, regardless if entertainment is present. The exceptions would be for those conditions which are only applicable during hours of entertainment (i.e. security guards during hours of entertainment). • Require the permittee to follow any condition issued by any regulatory agency with authority over the business or premise (i.e. Conditional Use Permit (CUP), California Civil Code). • Each condition on the Entertainment Permit that is violated would constitute a separate violation of the permit. • Approved dancing will only be allowed in a clearly delineated preapproved area. • Require all owners, employees, representatives, and agents to obey all State and local laws and the conditions of the CUP, Alcoholic Beverage Control License, or any other regulations at all times. Violations of these laws and conditions would be a violation of the Entertainment Permit. • For new permittees and locations making significant modifications where a modification to the CUP or certificate of occupancy is required, the applicant must provide a sound survey prepared by a licensed engineer showing the proposed entertainment will not create undue noise or violate the noise limits listed in 8.40 of the HBMC -2- 12/11/2009 4:19 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: December 21, 2009 DEPARTMENT ID NUMBER: PD-09-018 Strategic Plan Goal: Maintain public safety Environmental Status: Not applicable Attachment(s): 1. Resolution No. 2009-86 A Resolution of the City Council of the City of Huntington Beach setting fines for civil violations of the Chapter 5.44 of the Huntington Beach Municipal Code. 2. 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. I Legislative draft - An ordinance of the City of Huntington Beach amending Chapter 5.44 of the Huntington Beach Municipal Code relating to Entertainment Permits. -3- 12/11/2009 4:19 PM ATTACHMENT # 1 RESOLUTION NO. 2009-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING FINES FOR CIVIL VIOLATIONS OF CHAPTER 5.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE WHEREAS, Chapter 1.18 of the Huntington Beach Municipal Code provides authority for the issuance of citations for civil violations of the Huntington Municipal Code; and Chapter 5.44.090 sets forth the conditions for which an entertainment permit may be revoked or suspended; and The City desires to set the fines and penalties for civil violation of any provisions of Chapter 5.44, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve that the fines and penalties for violation of the provisions of Chapter 5.44 are as set forth on Exhibit A which is attached hereto and incorporated by this reference. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 st day of December , 20 09 IZ—Z]j— CA--��� ao REVIEW D APPROVED: IjNITIATED AND APPROVED: 1 City min' trator Chief of Police APPROVED AS TO FORM: qAtyttorne 06-45.00140853 Resolution No. 2009-86 EXHIBIT A Fine Amount for I"Violation $500.00 fine Fine Amount for 2"d Violation $1,000.00 fine plus 5 day suspension* of entertainment permit Fine Amount for 3rd Violation $1,000 fine plus 15 day suspension* and any subsequent violations of entertainment permit *The suspension will be effective five days after receipt of the citation, if not appealed, or five days after the citation is upheld by the Hearing Officer. 06-45.00140853 Res. No. 2009-86 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 resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on December 21, 2009 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None CU Clerk and ex-offici Jerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 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. (1265-12166,3213-11/93) 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 39034 1 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 (4) (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. 39034 2 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 5.44.095 of the Huntington Beach Municipal Code is hereby amended 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 7 Section 5.44.097 of the Huntington Beach Municipal Code is hereby deleted. SECTION 8. Section 5.4.110 of the Huntington Beach Municipal Code is hereby added to read as follows: 5.4.110 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. 39034 Ordinance No. 3862 SECTION 9. Section 5.44.120 of the Huntington Beach Municipal Code is hereby added to read as follows: 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 19th day of January , 20 10. if M or ATTEST: INITIATED AND APPROVED: C. Clerk Chief of Police REVIE D APPROVED: ARBROVED AS TO FORM: y qMinistrator City tomey (. ©(� 39034 4 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,City Clerk y Clerk and ex-offici Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #3 KEY INSERTIONS: Double underline DELETIONS &4il'� ORDINANCE NO. 3862 LEGISLATIVE DRAFT Chanter 5.44 RESTAURANTS--AMUSEMENT AND ENTERTAINMENT PERMITS (1265-12/66, 1444-10/68, 1454-12/68, 3213-11/93, Urg. 3247-8/94, Urg. 3341-10/96, 3449-2/2000, 3618-11/03) Sections: 5.44.010 Entertainment permit required 5.44.015 Entertainment restrictions 5.44.018 Beverage License -- Minors on Premises 5.44.020 Definitions 5.44.025 (Repealed Ordinance No. 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 5.44.080 Exclusions 5.44.090 Revocation and/or Suspension of permit 5.44.095 Revocation of Permit--Notice to Applicant of Action Taken 5.44.100 Revocation of permit—Reapplication 5.44.110 Separate Violations 5.44.120 Additional Permit Violations 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 (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. (c) 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. (d) 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. (1265-12/66, 1454-12/68, 2541-3182, 3213-11/93, Urg. 3341-10196) 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 06-45.001/39033 1 KEY INSERTIONS: Double underline DELETIONS ,Sft� (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 bv_ 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. (3213-11/93, 3449-2/00) 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. (3449-2100) 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 protion 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. 06-45.001/39033 2 KEY INSERTIONS: Double underline DELETIONS Stfil� (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. (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. (1265-12/66,2541-3/82, 3213-11/93, 3618-11/03) 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 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; 06-45.001/39033 3 KEY INSERTIONS: Double underline DELETIONSEril�� (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. (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. (1265-12/66, 1454-12/68, 3213-11/93, Urg.3247-8/94, 3449-2/00) 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) 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 06-45.001/39033 4 KEY INSERTIONS: Double underline DELETIONS S4il� 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) Ca)—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. (1265-12/66, 1444-10/68, 3213-11/93, Urg. 3247-8/94, 3449-2/00) 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 to the applicant stating the 06-45.001/39033 5 KEY INSERTIONS: Double underline DELETIONS � 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. (3213-11/93, 3449-2/00) (1444-10/68, 3213-11/93,3449-2/00) 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 a 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. 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-four administrative citations which hashave been upheld at an administrative hearing, or been convicted of, or has entered a plea of guilty to anyfour 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. (1265-12/66, 3213-11/93, 3449-2/00) 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. 06-45.001/39033 6 KEY INSERTIONS: Double underline DELETIONSil� (3449-2/00) (3449-2/00) 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) 5.4.110 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 a_s separate counts. 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. 06-45.001/39033 7 RCA ROUTING SHEET INITIATING DEPARTMENT: , Police Department SUBJECT: Entertainment Permit Violations and Municipal Code Modifications COUNCIL MEETING DATE: December21, 2009 RCA,:ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Ap licable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Ap licable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS; REVIEWED RETURNED FORWARDED Administrative Staff Deputy City Administrator (Initial) City Administrator (Initial) ( ) ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: ffl ® a RCA Author: C. Thomas Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.coml Sent: Friday, December 18, 2009 12:27 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#3042 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Ed Bush Bush Description: I am in support of the Police Department's recommendation as stated in Agenda item#30. Expected Close Date: 12/21/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 1 12/21/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Sunday, December 20, 2009 11:42 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#3056 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Karen Heidt Description: Regarding the fine schedule and modification of entertainment permits. The police department needs support on this issue, so they can better enforce civil violations of the entertainment permits and also strengthen the permit conditions. They simply cannot enforce in the manner they need to under the current permit and fee schedule. This action was thoroughly discussed by the Downtown Image Committee and is a strong recommendation of the police department. While many people are concerned about the number of alcohol permits, the police department has found that those who have only an alcohol permit tend to be restaurants that may close earlier than 2 a.m. Those places serving a drink with dinner are not usually the problem. The venues with an alcohol permit and an entertainment permit are cultivating the saloon side of their business and want people stay until 2 a.m. buying drinks. According to the police department—the hands-on experts on this issue—the businesses with entertainment permit violations tend to be the primary sources of the DUIs. One of the most recent DUIs resulted in a tragic car accident and death when the car caught fire. This action will not prevent businesses from flourishing and it's not taking away their permit. This action only asks businesses to follow the rules and work with the community to create both a fun and safe downtown for visitors and locals. As the downtown entertainment zone continues to develop,public safety needs to be well managed. Expected Close Date: 12/21/2009 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 12/21/2009 �