HomeMy WebLinkAbout290 - Ordinances oRDINANCE NO. 290
AN ORDINANCE OF THE CIT~f COUNCIL OF THE CITY OF RANCHO
cuCAMONGA, CALIFOP~IA, AM~DING TIT~E 5 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 5.12
E~TIT~ED "R~ULATION OF ~TERTAINME~T"
THE CITY COUNCIL OF TRE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS
FOLLOWS:
~ECTION l: Title 5 of the Rancho Cucamonga Municipal Code is hereby
amended by the addition of a new Chapter 5.12 to read, in words and figures, as
follows: "~ha~ter 5.12
"~ulation of Entmrt~inment
5.12.010 Permit required.
5.12.020 Entertainment defined.
5.12.030 F~clusions.
5.12.040 Application for permit.
5.12.050 Investigatiom and bearing.
5.12.060 Notice of hearing.
5.12.070 Action of hearing.
5.12.080 Denial of application.
5.12.090 Conditions imposed on permit.
5.12.100 Suspension or revocation of permit.
5.12.110 Fees.
5.12.120 Time for filimg application.
5.12.130 Security guard required at dances.
5.12.140 Chapter to govern.
5.12.150 Prohibition and penalties.
5.12.160 Civil remedies available.
"5.12.010 permit reouire~. No person or business entity shall
operate, comduct, 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 a permit so to do as hereinafter provided for in this chapter.
"15.12.020 Enterta{nment define~. Entertainment means every form of
live entertainment, music, solo band or orchestra, act, play, burlesque show,
fashion sbo~, review, pantomine, 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.
"15.12.030 ~clusiona. The provisions of this chapter shall not be
deemed to require a permit for the following:
"(1) For the use of a radio or other electronical 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.
"(2) For any entertainment provided for members and their
guests at a private club where admission is not open to the public.
"(3) For entertaimment conducted in connection with a regularly
established motion picture theatre, recreation park, circus, or fairground.
Ordinance No. 29~
Page 2
"(4) 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.
"(5) For entertainment provided solely by a piano player or
harpist playing music for the amusement of guests or patrons of an
establishment.
"(6) For entertainment conducted solely on or at any premise or
location which is owned or operated by, or leased by, to or from the United
States, State of California, County of San Bernardino, or any agency or
subdivision thereof.
"5.12.O&O Aonllcation for hermit. Applicants for entertainment
permits shall file a written, signed and verified application with the city
manager, or his designee showing:
"(1) The name and permanent address of applicant.
"(2) The name, proposed and current, if any, business address
of the applicant. If the applicant is a corporation, the name shall'b~ 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 not less than twenty-five percent of the stock of the
corporation. If the applicant is a partnership, the application shall show the
names and residence addresses of each of the members, including limited
partners.
"(3) 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.
"(&) The date, hours and location where the entertainment is
proposed to be conducted, and the admission fee, if any, to be charged.
"(5) The name or names of the person or persons responsible for
the management or supervision of applicant's business and of any entertainment.
"(6) 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.
"(7) 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 ten years, comvicted of a crime, the nature of such
offense, and the sentence received therefor including conditions of parole or
probation, if any.
"(8) Whether or not 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.
"(9) Such other reasonable information as the city manager, or
designee, may deem necessary.
Ordinance No. 290
Page 3
"5.12.050 Inves£i~ation and hearing. After the application for an
entertainment -~ermit has been filed, the city manager shall cause an
investigation to be made of such application, and after such investigation has
been completed he shall cause the application to be set for hearing before the
Planning Commission and shall notify the applicant of the date of such hearing.
"5.12.060 Notica of hearlnff. After the city manager has set the
application for hearing, he 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 last equalized assessment roll. 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 to deny his application.
"5.12.070 Action at b~ar£ng. At the time and place set for public
hearing as to any application, and as may be continued from day to day, the
Planning Commission 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.
"5.12.080 Denial of annlicati~n. At the conclusion of the hearing
before the Planning Commission, the Planning Commission shall grant,
conditionally grant, or deny the application, which decision shall be final
unless appealed in accordance with the provisions of Section 17.02.080B of the
Rancho Cucamonga Nunicipal Code. Such decision shall be set forth in a
Resolution which shall be adopted within thirty (30) days after such decision
is rendered. The Planning Commission may deny said application if it shall find
and determine any of the following:
"(1) The conduct of the establishment or the granting of the
application would be contrary to the public health, safety, morals or welfare;
or
"(2) The premises or establishment is likely to be operated in
an illegal, improper or disorderly manner; or
"(3) The applicant or any other person associated with him 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 any 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 of any crime involving moral turpitude, 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
"(4) That granting the application would create a public
nuisance; or
"(5) That the normal operation of the premises would interfere
with the peace and quiet of any surrounding residential neighborhood; or
"(6) The applicant has made any false, misleading or
fraudulent statement of material fact in the required application.
Ordinance No. 290
Page 4
"5.12.090 ~ondltions imnosad on ~ermit. After the public hearing as
to any application, the Planning Commission in granting any permit may also
impose such reasonable conditions as to the use or extent of such permit as it
deems appropriate.
"5.12.100 SusDenslon or revocation of ~ermi~. After notice and
hearing, the Planning Commission may suspend or revoke any permit granted
pursuant to this chapter is said Commission finds and determines that any
permittee, his agent or employee, or any person connected or associated with
the permittee as partner, director, officer, general manager, or other person
who is exercising manaserial authority of, or on behalf of, the permittee or
any entertainer acting under the authority of such permit:
"(1) Nade 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
"(2) Violated any provision of this chapter, or of any statute,
ordinance, or condition relating to his permitted activity; or
"(3) Is convicted of a felony, or of any crime involving ~oral
turpitude; or
"(4) Violated any rules, regulations or conditions adopted by
the Planning Commission or City Council relating to the permittee's business or
permit; or
"(5) Conducted a permitted business in a manner contrary to the
peace, health, safety and general welfare of the public; or
"(6) Demonstrated that he/she is unfit to be trusted with the
privileges granted by such a permit.
"The decision of the Planning Commission shall be set forth in a
Resolution 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 17.02.080B. of the Rancho Cucamonga Hunicipal Code.
"5.12.110 Fees. The fee for an entertainment permit shall be
seventy-five dollars, payable annually on or before January 1st of each and
every year. Such permit shall be in addition to any business license fee as
may be required by the business license lay of the city. However, for the year
1986, the fee for an entertainment permit shall be the sum of forty dollars
payabl~ upon submission of an application.
"5.12.120 Time for illin! annlication. All persons who will be
presently required to file for and obtain an entertainment permit by reason of
the provisions of this chapter shall have to and including November 1, 1986
within which to file their applications for an entertainment permit with the
city manager.
"5.12.130 Security ~uard resulted 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 fifty square feet is available or designated for dancing by customers
or patrons.
Ordinance Nc.
Page
"5.12.140 Chaoter to govern. All provisions of this title 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.
"~,~2.150 Prohibition and oenalties. (1) It shall be unlawful for
any person, firm, partnership or corporation to violate any provision or to
fail to comply with any of the requirements of this chapter. Any person, firm,
partnership, or corporation violating any provision of this chapter or failing
to comply with any of its requirements shall be deemed guilty of an infraction
and upon conviction thereof shall be punishable as follows:
"(a) A fine not exce~ing One Hundred Dollars ($100.00) for a
first violation;
"(b) A fine not exceeding ~o Hundred Dollars ($200.00) for a
second violation of the same ordinance within one year;
"(c) A fine not exceeding Five Hundred Dollars ($~0.00) for
each additional violation of the same ordinance within one year.
"Each such person, firm, partnership, or corporation shall be
deemed guilty of a separate offense for each and every day or any portion
thereof during which any violation of any of the pr~isions of this chapter is
committed, continued or permitted by such person, firm, partnership, or
corporation, and shall be deemed punishable therefore as provided in this
chapter.
"The provisions of this Chapter shall not be construed as
permitting conduct not prescribed herein and shall not affect the
enforce~ility of any other applicable provisions of law.
"5.12.160 Civil remedies avail~le. A violation of any of the
pr~isions of this chapter shall constitute a nuisance and may be abated by the
City through civil process by means of restraining order, preli~nary or
permanent injunction or in any other manner provided by law for the abatement
of such nuisance."
SECTI~ 2: The City Council declares that, should any provision,
section, paragraph, sentence or word of this chapter 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 chapter shall remain in full force and
effect.
SECTI~ 3: The Mayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen (15) days after its passage
at least once in The Daily Renort, a newspaper of general circulation published
in the City of Ontario, California, and circulated in the City of Rancho
Cucamonga, California.
P~S~, AFPR~ED, and ADOPT~ this 21st day of May, 19~.
AYES: Buquet, King, Dahl, Wright
NOES: None
~S~T: Mikels
Ordinance No. 290
Page 6
ATTEST:
Bgverly A/Au~helet, City Clerk
I, BEVEI~LY A. AUTR~LET, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the Council of the City of Rancho Cucamonga held on the 7th
day of May, 1986, and was finally passed at a regular meeting of the City
Council of the City of Rancho Cucamonga held on the 21st day of May, 1986.
Executed this 22nd day of May, 1986 at Rancho Cucamonga, California.
Beverly A<. Authelet, City Clerk