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HomeMy WebLinkAbout476ORDINANCE NO. 476 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, AMENDING TITLE 5 OF THE IRWINDALE MUNICIPAL CODE BY ADDING A NEW CHAPTER 5.36 ENTITLED "REGULATION OF ENTERTAINMENT." THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 5.36 hereby is added to Title 5 of the Irwindale Municipal Code to read, in words and figures, as follows: "C ter 5.36 "Regulation Qf Entertainment "Sections: 5.36.010 Permit required. 5.36.020 Entertainment defined. 5.36.030 Exclusions. 5.36.040 Application for permit. 5.36.050 Investigation and hearing. 5.36.060 Notice of hearing. 5.36.070 Action of hearing. 5.36.080 Denial of application. 5.36.090 Conditions imposed on permit. 5.36.100 Suspension or revocation of permit. 5.36.110 Fees. 5.36.120 Time for filing application 5.36.130 Security guard required at dances. 5.36.140 Chapter to govern. "5.36.010 Permit reouired. No person, firm, partnership, corporation or business entity shall operate, conduct, or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and where any form of entertainment, as defined herein, is provided or furnished without first obtaining an annual permit so to do as hereinafter provided for in this Chapter. Entertainment permits hereunder shall be in addition to any other permit, license or entitlement required by this Code or State law. "5.36.020 Entertainment defined. Entertainment means every form of live entertainment, music, solo band or orchestra, act, play, burlesque show, fashion show, review, pantomime, scene, song or dance, act or song, and dance act, or any other act or performance participated in by one or more persons for the purpose of holding the attention of, gaining the attention and interest of, diverting or amusing guests or patrons or the use of a radio or other electronic playback device providing music for dancing by patrons or guests. 115.36.030 Exclusions. The provisions of this Chapter shall not be deemed to require a permit for the following: "(a) For the use of a radio or other electronic playback device in any establishment, except when utilized by an announcer or 'disc jockey' who at any time provides any form of vocal entertainment, including the announcing of song titles or artists' names in conjunction therewith; "(b) For any entertainment provided for members and their guests at a private club where admission is not open to the public; e "(c) For entertainment conducted in connection with a regularly established motion picture theatre, 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 at regular intervals of not less than once per three month period, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society or association; 115.36.040 Application for permit. Applicants for entertainment permits shall file a written, signed and verified application with the city manager, or his or her designee showing: applicant; "(a) The name and permanent address of 071 "(b) The name, proposed and current, if any, business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning ten percent (10%) of the stock of the corporation or more. If the applicant is a partnership, the application shall show the names and residence addresses of each of the members, including limited partners; "(c) A detailed description of the proposed entertainment, including type of entertainment, number of persons engaged in the entertainment, and any further information about the entertainment or entertainers, as the city manager may deem necessary; "(d) The date, hours and location where the entertainment is proposed to be conducted, and the admission fee, if any, to be charged; "(e) The name or names of the person or persons responsible for the management or supervision of applicant's business and of any entertainment and residence address thereof; "(f) A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment, including whether or not alcohol will be served as part of such business; "(g) Whether or not the applicant or any person or persons responsible for the management or supervision of applicant's business have been, within the previous five years, convicted of a felony, the nature of such offense, and the sentence received therefor including conditions of parole or probation, if any; "(h) Whether or not the applicant has ever had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency; "(i) Such other reasonable information as the city manager, or designee, may deem necessary. 3 115.36.050 Investigation and hearing. After the application for an entertainment permit has been filed, the city manager, or designee, shall cause an investigation to be made of such application, and after such investigation has been completed he or she shall cause the application to be set for hearing before him or her and shall notify the applicant of the date of such hearing. 115.36.060 Notice qff hearing. After the city manager has set the application for hearing, he or she shall cause notice of the hearing to be given to all property owners within three hundred feet of the proposed or actual location of the applicant's business. For the purposes of this section, notice to property owners shall be sufficient if given to those property owners who appear as such on the most recent equalized assessment roll prepared by the County of Los Angeles. Additionally, the city manager shall cause a public notice to be posted at the location where the business or entertainment is to be conducted. All notices provided for in this section shall be in the form and manner as prescribed by the city manager. The applicant shall bear all costs and expenses in mailing, printing, and posting such notices and shall pay such costs to the city prior to the time set for public hearing on the pending application. Failure to pay such costs by the applicant shall be grounds for denial of the application. "5.36.070 Action at hearing. At the time and place set for public hearing as to any application, and as may be continued from day to day, the city manager, or designee, shall hear and determine all the facts and evidence relevant to the applicant and supervisory employees, as well as the entertainment proposed, including the nature and location of the proposed entertainment. "5.36.080 Denial of application. At the conclusion of the hearing, the city manager, or designee, shall grant, conditionally grant, or deny the application, which decision shall be final unless appealed within ten (10) working days of the decision, in writing, to the City Council. Appeals may be made, and shall be governed by, the procedures set forth in Chapter 17.80 of this Code, or any successor provisions thereto. Such decision shall be set forth in a Resolution making necessary findings which shall be adopted within thirty (30) days after such decision is 4 " rendered. The city manager, or designee, or, on appeal, the City Council, may deny said application if it is found and determined that any of the following exist: "(a) The conduct of the establishment or the granting of the application would be contrary to the public health, safety or welfare; or "(b) The premises or establishment is likely to be operated in an illegal, improper or disorderly manner; or "(c) The applicant or any other person associated with him or her as principal or partner, or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has been convicted in court of competent jurisdiction of any offense involving the presentation, exhibition or performance of any obscene show of any kind, or of a felony, or has had any approval, permit or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked within the preceding five years; or "(d) That granting the application would create a public nuisance; or "(e) That the normal operation of the premises would interfere with the peace and quiet of any surrounding residential neighborhood; or "(f) The applicant has made any false, misleading or fraudulent statement of material fact in the required application. "5.36.090 Conditions imposed 2n_ Permit. After the public hearing as to any application, the city manager, or designee, or the City Council, on appeal, in granting any permit may also impose such reasonable conditions as to the use or extent of such permit as may be required to protect the public health, safety and welfare and to implement the intent and purpose of this Chapter. 115.36.100 Suspension pr revocation 21 Permit. After notice and hearing, the city manager, or designee, may suspend or revoke any permit granted pursuant to this Chapter if he or she finds and determines that any permittee, agent or employee thereof, or any person connected or associated with the permittee as partner, director, officer, general manager, or other person who 5 is exercising managerial authority of, or on behalf of, the permittee or any entertainer acting under the authority of such permit: "(a) Made any false, misleading or fraudulent statement of a material fact in the application for permit, or any report or record required to be filed pursuant to this chapter; or "(b) Violated any provision of this Chapter or any statute, ordinance, or condition relating to the permitted activity; or "(c) Is convicted of a felony; or "(d) Violated any rules, regulations or conditions imposed upon the permittee's business or permit; or "(e) Conducted a permitted business in a manner contrary to the peace, health, safety and general welfare of the public; or "(f) Demonstrated a lack of fitness to be trusted with the privileges granted by such a permit. P "The decision of the city manager, or designee, shall be set forth in a Statement of Decision which shall be adopted within thirty (30) days of the date of such decision and shall be final unless appealed in accordance with the provisions of Section 5.36.070 of this Chapter. "5.36.110 Fees. The fee for an entertainment permit shall be as set forth by resolution of the City Council, payable annually on or before the anniversary date of each and every year after the original permit is approved. Such permit shall be in addition to any business license fee as may be required by the business license law of the City. No permit issued hereunder shall be valid for more than a one (1) year period of time nor may the same be assigned or transferred. "5.36.120 Time for filing aoolication. All persons engaged in providing entertainment in the City prior to the effective date of this Chapter shall have to and including January 1, 1994 to file an application for, and obtain an entertainment permit under this Chapter; provided, however, that the provision of such entertainment prior to the effective date of this 0 Chapter was properly and validly licensed or permitted pursuant to any provision of the Irwindale Municipal Code. 115.36.130 security guard required at dances. All persons conducting a public dance or any entertainment where dancing by patrons or customers is permitted, shall have in attendance at the premises for the purpose of supervising the dancing and the conduct of all patrons and customers, a duly licensed and uniformed security guard at all times such dancing is permitted or allowed. However, the provisions of this Section shall apply only to those establishments or premises where a dance floor or dance area in excess of one hundred square feet is available or designated for dancing by customers or patrons. "5.36.140 Chapter to govern. All provisions of this Code which are inconsistent with or contrary to the provisions of this Chapter are hereby repealed to the extent such provisions are inconsistent with or contrary to the provisions of this Chapter." SECTION 2: prohibition and penalties. It shall be unlawful for any person, firm, partnership, corporation or business entity to violate any provision or to fail to comply with any of the requirements of this Ordinance or the Chapter adopted hereby. Any person, firm, partnership, or corporation violating any provision of this Ordinance or the Chapter adopted hereby or failing to comply with any of its requirements shall be deemed guilty of misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm, partnership, corporation or business entity shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any 7 violation of any of the provisions of this Ordinance or the Chapter adopted hereby is committed, continued or permitted by such person, firm, partnership, corporation or business entity and shall be deemed punishable therefor as provided in this Ordinance. SECTION 3: Civil remedies availabl . A violation of any of the provisions of this Ordinance or the Chapter adopted hereby shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. SECTION g: The City Council declares that, should any provisions, section, paragraph, sentence or word of this Ordinance, or the Chapter adopted hereby, be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance, and the Chapter hereby adopted, shall remain in full force and effect. 13 SECTION 5_: The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as required by law. 1993. ADOPTED AND APPROVED this 26th day of August I, David A. Caretto, City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Irwindale held on the 12th day of August , 1993, and was finally passed at a regular meeting of the Council of the City of Irwindale held on the 26th day of August 1993 by the following vote: AYES: NOES: ABSENT: ABSTAINED: COUNCIL MEMBERS:Miranda, Barbosa, COUNCIL MEMBERS:None COUNCIL MEMBERS:None COUNCIL MEMBERS:None J., Miranda, P., Breceda, and Diaz ATTEST:L2kL -. City Clerk of the city of Irwindale S%1021k0RDERTER\I 1.3.1 9