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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