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HomeMy WebLinkAbout84-39 Regulating Public EntertainmentORDINANCE NO. 84-39 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGULATING PUBLIC ENTERTAINMENT. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa finds and declares that public entertainment customarily attracts crowds, causes traffic congestion and tends to produce loud music and other loud sounds and, therefore, necessitates regulation of their location, and of pedes- trian and vehicular traffic and parking, security measures., and sound levels, especially in areas adjacent to residences, in order to protect the public peace, health, and safety. Accordingly, the Costa Mesa Municipal Code is amended as follows: SECTION 2. 1. Article 11, Chapter IV, Title 9, is hereby added to the Costa Mesa Municipal Code to read as follows: "Article 11. Public Entertainment." "Section 9-193. Definition. 1. As used in this Article, 'Public 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, including, but not limited to, the following: a. Live music or other live performances, including plays, concerts, contests, sporting events, exhibitions, shows, Chautauquas, or similar activities, which will be attended by one hundred (100) or more persons at any one time as participants or spectators; b. Live or recorded music where public dancing is permitted; c. Motorized vehicle races or contests; d. Carnivals, circuses, and similar activities; and e. Any public amusement or event that will take place on a public right-of-way within the boundaries of the City of Costa Mesa or on other property owned or occupied by the City of Costa Mesa if one hundred (100) or more persons will attend, as participants or spectators. 2. a. 'Public Entertainment' shall not include any religious activities taking place on premises regularly used for religious purposes, nor activities or events held or conducted by the City of Costa Mesa or by a school, college, or school district, or by the State of California. b. Any activity or event that canes within the provisions of this Article solely by reason of its taking place on property owned or occupied by the City of Costa Mesa shall not require a permit pursuant to this Article if the persons or organizations holding or conducting the event shall have obtained a permit for use of the pramises frau the Department of Leisure Services." "Section 9-194. Permit Required; Hours of operation. 1. It shall be unlawful for any person to hold or conduct, within the City of Costa Mesa, any event or activity subject to the provisions of this Article and not expressly exempt hereunder without having a valid permit issued pursuant to the provisions of this Article, for the specific event or ongoing activity. 2. It shall be unlawful for any person to hold or conduct any event or activity subject to the provisions of this Article between the hours of 11:00 p.m. and 7:00 a.m., unless underroof. 3. The holding or conducting of any event or activity subject to the provisions of this Article without a valid permit issued therefor pursuant to the provisions of this Article, unless expressly exempt hereunder, is hereby declared a public nuisance." "Section 9-195. Application for Permit. 1. Applications for permits pursuant to this Article shall be filed with the Director of Development Services on forms provided by him and shall include a non-refundable application fee in an amount designated by the City Council and, at least, the following information: a. The legal name, address and telephone number of the person, partnership, association, or corporation submitting the application; b. The business name, address and telephone number under which the activity will be conducted; c. The residence address and telephone number of the proprietor, partners, or principal officers of the association or corporation making application; d. The exact nature and location of the activity for which the permit is requested and an estimate of the number of persons who would attend the (each) event; dOZ e. A proposed plan for seating for the business, activity, or event, and information regarding the maximum legal occupancy of the proposed premises; f. The time period for which the permit is requested; g. A security plan for control of pedestrian and vehicular traffic and prevention of unlawful conduct by employees and patrons, such as assaults, vandalism, littering, theft, sale or use of controlled substances, and consumption of.alcohol by persons under 21 years of age, within the building(s) and outside in .the areas affected by the public attending the event; provided, however, that this requirement shall be excused in the case of a non-commercial activity or event to which the public is invited free of charge; h. A plan for control of noise affecting nearby premises, with special attention to prevention of noise nuisance to nearby residences, if any; i. A floor plan and site plan showing the building interior and grounds, including parking spaces, and the dimensions of each portion; j. Whether or not any alcoholic beverages will be sold or served; and k. Such other information pertaining to public health and safety as may be required by the Director of Development Services or that the applicant may wish to include. 2. An application shall be deemed camplete unless, within two (2) working days the applicant is given notice and told what is missing, either in person or by a letter addressed to the applicant and deposited in the mail. 3. The application form shall contain, prominently displayed, a statement, in substantially the following form: NOTICE TO APPLICANT Notice should be sent to you by mail, within eight (8) working days of your filing a campleted application, that your application has been granted or denied. If you receive notice that your application has been denied or has been granted subject to conditions, you may appeal to the City,Council frau the denial or from any of the conditions by filing a written appeal with the City Clerk within fifteen (15) days frau the time the notice was deposited in the mail or was personally delivered to you." MCM "Section 9-196. Action by Director of Development Services Upon Application. ` 1. Upon the filing of a completed application, the Director of Development Services or his designee shall conduct an appropriate investigation, including consultation with the Police and Fire Departments and inspection of the premises as needed, and shall grant the application, with or without conditions, or shall deny the applica- tion if issuance of the permit would allow a public entertainment to be held or conducted: a. In a zoning district other than a commercial or an insti- tutional and recreational zone or a commercial portion of a planned development zone, except for existing legal nonconforming uses'and uses having a conditional use permit issued in contemplation of the entertainment activity for which the present entertainment permit is sought; or b. In a building or structure which is hazardous to the health or safety of the employees or patrons of the business, activity, or event, or the general public, under the standards established by the Uniform Building or Fire Codes; or c. on premises which lack adequate on-site parking area for employees and the public attending the proposed event or activity, under the standards set forth in Title 13, Section 13-552 of the Costa Mesa Municipal Code; except for existing uses that are legal and nonconforming with respect to parking. 2. The tern "existing legal nonconforming uses,". as used' in this Article, is limited to uses that included a public entertainment activity, as defined in Section 9-193, prior to the effective date of this ordinance." "Section 9-197. Notice to Applicant of the Action on His' Application. 1. Within eight (8) working days of the filing of a canpleted application, the Director of Development Services or his designee _shall mail or personally deliver written notice to the applicant stating what action has been taken on his application together with a list of conditions imposed if the application has been granted or, if the application has been denied, the specific, factual reasons for the denial. The notice shall also advise the applicant of his right to appeal the denial of his application or any of the conditions imposed -4- on the -granting of the application and shall state the last date on which an appeal may be filed, which shall be the fifteenth (15th) day after the date on which the notice was deposited in the mail or was personally delivered to the applicant. 2. If, within fifteen (15) days after the filing of a campleted application, the Director of Development Services or his designee fails to deposit in the mail written notice to the applicant of the action taken on his application, a permit shall be deemed granted, and the applicant's plans as described in Section 9-195(d) through (k) of his application shall constitute the conditions to which the permit is subject. The time period requested in Section 9-195 of the application shall be the time period for which the permit is deemed granted, except that in no event shall a permit be deEmed granted for more than one year." "Section 9-198. Appeal to City Council; Notice and Hearing. 1. Notwithstanding the provisions of Costa Mesa Municipal Code Sections 2-309(2) and 2-311, an applicant whose application for a Public Entertairment permit has been denied or has been granted conditionally may appeal such decision directly to the City Council by filing an appeal with the City Clerk. Notwithstanding the provisions of Costa Mesa Municipal Code Section 2-305(2), the time within which such an appeal may be filed shall expire at the end of the fifteenth (15th) day after the date on which notice to the applicant of the action on his application is personally delivered or deposited in the mail. 2. Upon the filing of an appeal, the City Council shall hear and decide the matter at its next regularly scheduled meeting, unless the appeal is received by the City Clerk less than ten (10) days before the next regularly scheduled meeting, in which case it shall be heard and decided at the following regularly scheduled meeting. The applicant, by written request, may waive the time limits set forth in this section except the time within which an appeal may be filed." "Section 9-199. City Council Action Upon Appeal. After public hearing and consideration of the report and recain- mendation of the Director of Development Services and any written materials submitted by the applicant or other persons, the City Council shall either grant the permit for a period not to exceed one year or shall deny the permit upon determining that issuance thereof would result -5- in any of the circumstances set forth in Subsections (a) through (c) of Section 9-196 of this Article." "Section 9-200. Issuance of Permit; Conditions. 1. After the permit application has been granted and the applicant notified, the Director of Development Services or his designee shall issue the permit, for the period requested, but not to exceed one year. 2. The permit shall be issued upon such conditions as may be required to ensure compliance with City regulations governing the matters contained in the application. 3. a. If the activity or event will include a circus, carnival, mechanical amusement ride, nondomesticated animal act or exhibition, or motor vehicle race or contest, the applicant shall obtain and maintain a requirement to supply proof of liability insurance, in a form reviewed and approved by the City Attorney or his designee for compliance with the requirements set forth herein. The minimum limits of liability of such insurance shall be not less than five million dollars ($5,000,000) combined single limits, per occurrence and in the aggregate. b. For all other activities or events, if they will take place on premises owned or occupied by the City of Costa Mesa or on a public right-of-way within the boundaries of the City of Costa Mesa, the appli- cant shall obtain and maintain insurance in a form reviewed and approved by the City Attorney or his designee for compliance with the requirements set forth herein. The insurance policy shall be endorsed to name the City of Costa Mesa and its elected and appointed boards, officers, agents, and employees as additional insureds, and shall provide that any other insurance maintained by the City of Costa Mesa shall be in excess of and not contributing with the insurance coverage provided to the City of Costa Mesa under the permittee's policy. The minimum limits of liability shall conform to the schedule which shall be adopted by resolution of the City Council; provided, however, that in no case shall the minimum limits of liability be lower Lhan three hundred thousand dollars ($300,000), cambined single limits, per occurrence and in the aggregate." "Section 9-201. Renewal of Permit. 1. An unrevoked permit issued pursuant to this Article may be renewed for successive periods of up to two years upon written application to the Director of Development Services made at least thirty (30) calendar days before the expiration date of the current, valid permit and payment of a non-refundable permit renewal application fee. For good cause, the Director of Development Services may extend the time for filing a renewal application for up to ninety (90) days and may extend the prior permit pending decision on the renewal application. 2. The application for renewal shall supply current information with respect to each category of infonnation required in the intitial applica- tion. 3. The Director of Development Services shall grant the renewal application if it is timely filed, together with the applicable fee, and supplies all the required infornation, unless he determines that renewal of the permit would result in any of the circumstances set forth in Subsections (a) through (c) of Section 9-196 of this Article. In the event that the permit is renewed, all conditions to which the initial permit was subject shall remain in force unless specifically deleted or modified, and additional conditions as described in Section 9-200 may be attached, if required, in the judgment of the Director of Development - Services. Notice of the granting or denial of the renewal application, and of any additional conditions, shall be mailed or personally delivered to the applicant in the same manner and within the same time limits as apply to initial applications. 4. The decision of the Director of Development Services to deny the renewal of a permit or to impose additional conditions may be appealed to the City Council in the same manner and within the same time limits as a decision upon an initial application for a permit. 5. After the filing of a timely application for renewal of a pennit, the original or existing permit shall remain in effect until fifteen (15) working days after notice of the action upon the application has been mailed or personally delivered to the pennittee or until the expiration date of the original or existing permit, whichever is later; provided, however, that if a timely appeal is filed, the original or existing permit shall remain in effect until the City Council has acted upon the appeal." "Section 9-202. Revocation of Permit. 1. Any permit issued pursuant to the provisions of this Article shall be revoked by the City Council on the basis of any of the following: -7- a. That the business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedurees described in the application, or which violates the occupant load limits set by the Fire Department; b. That the permittee has failed to obtain or to maintain insurance coverage required under paragraph 3 of Section 9-200; c. That the permittee has failed to obtain or to maintain all required City, County, and State licenses and permits; d. That the permit is being used to conduct an activity differ- ent from that for which it was issued; e. That the permittee has misrepresented any material fact in the application for permit or has not answered each question therein truthfully; f. That one or more of the conditions listed in Section 9-196(b) or (c) of this Article exists and has not been corrected by the per- mittee after reasonable notice of the existence of the condition has been given; g. That the building or structure in which the permitted event or activity is held or conducted, or is to be held or.conducted, is hazardous to the health or safety of the employees or patrons of the business, activity, or event, or of the general public, under the stan- dards set forth in the Uniform Building or Fire Code; h. That the permitted event or activity creates sound levels which violate the noise control ordinance of the City of Costa Mesa; i. That the permittee has violated the provisions of ,Section 9-194(2) of this Article. j. That the security measures provided are inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles,, or to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises where the entertairment activity takes place. 2. Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the business or activity of the permittee, shall be personally delivered or sent by certified mail to the permittee at least ten (10) days prior to the hearing. 3. In the event a permit is revoked pursuant to the provisions of this Article, another permit shall not be granted to the permittee within twelve (12) months after the date of such revocation. The City, Council's determination following a public revocation hearing shall be based upon written findings and shall be final and conclusive in the matter." "Section 9-203. Application to Existing Businesses. 1. Any business or other entity that was lawfully engaged in pro- viding a public entertainment within the meaning of this Article and was the holder of a permit issued by the City Council pursuant to former subsections (c), (d), or (e) of Section 9-127, before the effective date of this Ordinance, shall apply for a new permit pursuant to Section 9-195 hereof at least thirty (30) days before the scheduled expiration date of the existing permit, arra in that case the existing permit shall remain in effect until the application has been acted upon and the decision thereon has become final. 2. Any other business or entity that was lawfully engaged in provid- ing a public entertainment within the meaning of this Article before the effective date of this Ordinance shall apply for a permit pursuant to Section 9-195 hereof within sixty (60) days of the passage of this Ordinance and may continue to provide public entertainment of the same nature as previously, in conformity to all other applicable City, State, and federal laws, until the application has been acted upon and the decision thereon has become final." "Section 9-204. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portions thereof, irrespective of the fact that any one or more sections, subsections, sentences; clauses, phrases, or por- tions be declared invalid or unconstitutional." 2. The following subdivisions of Sections 9-125 and 9-127 of Title 9 of the Costa Mesa Municipal Code are hereby repealed: Section 9-125, subdivisions (f), (h), (i) and (m); and Section 9-127, subdivisions (c), (d), and (e)(1) through (e)(5), inclusive. The ranaining subdivisions of Sections 9-125 and 9-127 are renumbered accordingly. SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after its passage, and prior to the expiration of fifteen (15) days frau the passage thereof, shall be published once in the Orange Coast Daily Pilot, a newspaper of general circulation, printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certi- fied copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordi- nance and within fifteen (15) days after adoption the City Clerk shall cause to be published, the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this day of Z6640 , 1984. ATTEST: City Clerk of the City of Costa Mesa APPROVED AS TO FORM: City Attorney of the City o osta Mesa -10- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 84-39 was introduced and considered section by section at a regular meeting of said City Council held on the 1st day of October, 1984, and thereafter passed and adopted as a whole regular meeting of said City Council held on the -1�- day of , 1984, by the following roll call vote: AYES: COUNCILMEMBERS: %i 1417, NOES: OOUNCILMEMBERS :.�(.QJ ABSENT: COUNCILMEMBERS: IN WITNESS.WHEREOF, I have hereunto et my hand And a fixed the Seal of the -City of.Costa Mesa this day of , 1984. City Clerk and ex -officio Clerk of e = City Council of the City of Costa esa -11-