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
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"(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.
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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
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" 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
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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
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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
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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.
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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