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HomeMy WebLinkAboutOrdinance No. 3618 - Ambient Music - Adds Definition - Setba (2) Jo/ram tWitiAi �.a�vif-L _ - NKRirrw T -?,)S0 MEETING DATE: September 2, 2003 DEPARTMENT ID NUMBER: PD-03-019 Council/Agency Meeting Held: - - v?' DeferredtEontinued to: C/i5/0 3 ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sign e Council Meeting Date: September 2, 2003 Department ID Number: PD-03-019 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY C U caL MEMBER SUBMITTED BY: RAY SILVER, City Administrator,, PREPARED BY: KENNETH W. SMALL Chief of Police a/L.2-51' "'\ SUBJECT: Adopt Ordinance 36/g' of the City Council of the City of Huntington Beach Amending Chapter 5.44 of the Huntington Beach Municipal Code Relating to Entertainment Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Adoption of Ordinance 3C/8 is requested in order to add the definition of ambient music to Municipal Code Section 5.44 pertaining to entertainment. H � Funding Source: W z a z Not applicable C m N O-1�t7 �D-Qro'I\_. x-Cnm War' Recommended Action: �� titro -c �� �S () _ -D , -' rc:3 cn 1. Adopt Ordinance 36 /& of the City Council of the City of Hunting* Each amending Chapter 5.44 of the Huntington Beach Municipal Code relating to entertainment. Alternative Action(s): Do not approve Ordinance of the City Council of the City of Huntington Beach amending Chapter 5.44 of the Huntington Beach Municipal Code relating to entertainment. 1, I RCA Ordinance for Entertainment.doc -2- 8/18/2003 4:06 PM REQUEST FOR ACTION MEETING DATE: September 2, 2003 DEPARTMENT ID NUMBER: PD-03-019 Analysis: The Huntington Beach Municipal Code Section 5.44.020 pertaining to the definitions of entertainment was last amended in November of 1993. Subsections (a) through (d) of the current code include all the definitions pertaining to this section. The revised Ordinance includes one new subsection labeled as (a) and rearranges this section from four (4) subsections to five (5) subsections. The new Subsection (a) defines ambient music as prerecorded music. --- The Police Department receives approximately 40 calls per week regarding disturbing music. Approximately 4-5 calls per week are pertaining to business establishments. Section 5.44 defines the allowable audible range for general entertainment to be 50 feet from the exterior wall of any business. T 's new subsection defines the range for pre-recorded music to be 10 feet from any exterior of the business. When an officer responds to a call of disturbing music at a business establishment, the officer contacts the business owner or manager and requests the volume be lowered. This section allows for the business to continue including prerecorded music at a reasonable volume level, while allowing for the general peace to be maintained for the surrounding area. Environmental Status: None Attachment(s): City Clerk's Page Number No. Description 1.. Ordinance _36/. 2 Le•islative Draft RCA Author: Shawna Krone-Schmidt RCA Ordinance for Entertainment1.doc - .3= August 20,2003 12:09 PM oZ ATTACHMENT # 1 /sr / _ ORDINANCE NO. 3 /8 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 5-44/2/27/03 1 • 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 544/2/27/03 2 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6,70 day of rOt ( ,2003.. &X P& ?MAI fa"t, Mayor ATTEST: APPROVED AS TO FORM: Citydi/104 S".'"c.,cz-E-r-/-2---4/ e4 / Clerk // /03 City Attorney Z'Z14 . INITIATED AND APPROVED: REVIEWED ANDpiPP O ED: 6/1 Chief of Police ity Administrator 1 I 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 ,2003. Olehr In accordance with the CityCharter of said City ' Connie Brockway, City Clerk City Clerk and ex-officio Clerk io/i3/o3�s Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT # 2 Ordinance No. 36/� 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,Urg.3341-10/96,3449-2/2000) 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 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 and/or Suspension of permit 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) (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. (3213-11/93) (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.. (Urg.3341-10/96) . 5.44.015 Entertainment restrictions. The permittee shall: (2)2000) (a) ensure entertainment provided is not audible beyond 50 feet from the exterior walls of the business in any direction; and (2/2000) (b) restrict the entertainment provided to that entertainment which is specified in the entertainment permit; and (2/2000) (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(2/2000) (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(2/2000) (e) post the permit conspicuously in business premises. (3213-11/93,3449-2/2000) 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. (3449-2/2000) 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) 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. (a)(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. (3213-11/93) (b) (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: (3213-11/93) (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. (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 legisdrft/mc0544/2/27/03 2 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:isto,,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) (6)(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. (3213-11/93) (d)(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. (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) (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; (3213-11/93,3449-2/2000) legisdrft/mc0544/2/27/03 3 (2) The days of the week, specific hours and address where the entertainment is proposed; (3213-11/93,3449-2/2000) (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; (3449-2/2000) (4) A statement of the nature and'character of applicant's business, if any, to be carried on in conjunction with such entertainment; (3449-2/2000) (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; (3449-2/2000) (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. (1265-12/66, 1454-12/68,3449-2/2000) (7) A floor plan and site plan showing the building interior and grounds, including parking spaces, and the dimension of each portion. (3213-11/93,3449-2/2000) (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. (3213-11/93,3449-2/2000) (9) A copy of all Conditional Use Permits for the premises. (urg.3247-8/94,3449-2/2000) (10)A copy of any other permits, or entitlements issued to the applicant for this establishment Or uSe. (3449-2/2000) (11)A copy of any building or property lease or contract for the address for which the entertainment will take place. (3449-2/2000) (12)The name and address of the owner and lessor of the real property upon which the business is to be conducted. (3449-2/2000) (13)Acceptable written proof that the applicant is at least eighteen(18) years of age. (3449- 2/2000) (14)The social security number and state driver license or identification card number for the applicant. (3449-2/2000) (15)The address to which the Entertainment Permit is to be mailed. (3449-2/2000) (16)A statement under oath that the applicant has read and understands the provisions of this chapter. (3449-2/2000) (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. (3449- 2/2000) legisdrft/mc0544/2/27/03 4 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 Chief of Police shall approve and issue zn:°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(Urg.3247-8/94,3449-2/2000) (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(Urg.3247-8/94,2/2000) (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 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, 3449-2/2000) (9) The required fee has been paid. (urg.3247-8/94,3449-2/2000) Iegisdrft/mc0544/2/27/03 5 5.44.060 Permit--Period valid. fhe permit shall be granted for the specifc 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 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. (3213-11/93,3449-2/2000) 5.44.070 Permit--Appeal of decision. Any permittee 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 Polices decision. (1444-10/68,3213-11/93,3449-2/2000) 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: (1265-12/66,3213-11/93,3449-2/2000) (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 (3213-11/93,3449-2/2000) (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(3449-2/2000) legisdrft/mc0544/2/27/03 6 • (c) The application is discovered to contain incorrect, false, or misleaaing 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(3449-2/2000) (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. (3449-2/2000) 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. (3449- 2/2000) 5.44.097 Revocation/Suspension--Appeal of Decision. Any permittee 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. (3449-2/2000) 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) 2/2000 legisdrft/mc0544/2/27/03 7 RCA ROUTING SHEET INITIATING DEPARTMENT: Police Department SUBJECT: Adopt Ordinance c 36/8 of the City Council of the City of Huntington Beach Amending Chapter 5.44 of the Huntington Beach Municipal Code Relating to Entertainment COUNCIL MEETING DATE: September 2, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR . ®QED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( City Administrator (Initial) ( ) ( vv. ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use Only) RCA Author: Shawna Krone-Schmidt 1( CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION RECEIVED HUNTINGTON BEACH SEP 1 1 2003 TO: RAY SILVER CITY OF HUN i iolt.AION BEACH ADMINISTRATIVE OFFICE CITY ADMINISTRATOR FROM: KENNETH W. SMALL CHIEF OF POLICE o a SUBJECT: PROPOSED AMENDMENT TO CHAPTER 5.44 v> �_. DATE: SEPTEMBER 10, 2003 C�or At the City Council Meeting on September 2, 2003 the council continued Item G-2a, a imposed amendment to Chapter 5.44 of the Huntington Beach Municipal Code relating to entertainment. The proposed amendment added a section that defines ambient noise 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." Council Member Houchen asked how this amendment would affect establishments with outside patios that featured televised sporting events. A discussion followed, and other questions were raised. Rather than answer the questions incorrectly, I asked that the matter be continued to September 15, 2003. The following information is provided to answer the questions raised during the council meeting. • The proposed amendment only applies to prerecorded music. It does not apply to televised sporting events. • Establishments without an Entertainment Permit would be authorized to have prerecorded music in outside dining areas. However, the music could not be audible in excess of ten feet from any portion of the exterior of the premises. • Establishments with Entertainment Permits would not be affected by the proposed amendment during the days and times detailed in the Entertainment Permit. At other times, the provisions of the ordinance would apply. I believe the above information answers all of the questions posed during the council meeting. If you need any additional information concerning this matter, please contact me.