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HomeMy WebLinkAbout95-13 Amending Code Pertaining to Public EntertainmentORDINANCE NO. 95- 13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING COSTA MESA MUNICIPAL CODE SECTIONS 9-193 THROUGH 9-203 PERTAINING TO 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 does hereby find: WHEREAS, the growth and development of the City has created a need for very specific regulatory activity requirements for public entertainment generally for on-going live performances, live or recorded music and/or dancing at established businesses; WHEREAS, the frequency and magnitude of.public entertainment has caused an increased need for services by various departments of the City to assure that the health, welfare and safety of the community is not adversely impacted due to public entertainment events; and WHEREAS, the establishment of regulations for public entertainment for which the public is invited to watch, listen or participate will protect the peace and tranquility of any residential area, mitigate traffic impacts and protect the health, welfare and safety of the citizens of Costa Mesa. Section 2. ARTICLE 11 of Chapter II of Title 9 of the Costa Mesa Municipal Code is hereby amended to read as follows: "ARTICLE 11. REGULATORY PERMITS FOR PUBLIC ENTERTAINMENT. Sec. 9-193. Public Entertainment; definition; permit required; hours of operation. (1) "Public entertainment" means an on-going 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 participants and/or spectators. (b) Live or recorded music where public dancing is permitted. (c) For purposes of this Article, public dancing means a gathering of persons in or upon any premises where dancing is permitted, either as the main purpose for such gathering or as an incident to some other purpose, and to which premises the public is admitted. Public dancing shall also include dancing at special events, dancing clubs, dancing schools and private dances, all where the public is admitted; provided, however, that dancing by the occupants of and guests at a private residence shall not be considered public dancing as defined herein, and no permit shall be required. (d) "Public entertainment" shall not include the following: �i 1. Any religious activities taking place on premises regularly used for religious purposes. 2. Any activities or events held or conducted by or on behalf of the City of Costa Mesa, a public or private school, college, or school district, the State of California conducted on property owned, used, or leased by the entity or its sponsor. 3. Any activity or event that comes within the provisions of this Article solely by reason of its taking place on property owned or occupied by the City of Costa Mesa where the persons or organizations holding or conducting the event shall have obtained a permit pursuant to Title 12 from the Department of Community Services, except when one hundred 0 00) or more persons are in attendance at the event. 4. An activity which may involve free speech for which a permit has been obtained pursuant to Section 9-199(9). (2) It shall be unlawful for any person to hold, engage in, or conduct, within the City of Costa Mesa, any public entertainment subject to the provisions of this article and not expressly exempt hereunder without having obtained a valid permit issued pursuant to the provisions of this article for public entertainment. (3) It shall be unlawful for any person to hold or conduct any public entertainment subject to the provisions of this article between the hours of 11:00 p.m. and before 7:00 a.m., unless under roof. 3 (4) The holding or conducting of any public entertainment subject to the provisions of this article without a valid permit issued pursuant to the provisions of this article, unless expressly exempt hereunder, is hereby declared a public nuisance. Sec. 9-194. Application for permit. (1) An application for a permit pursuant to this article shall be filed with the City Manager or his/her designee and shall contain and/or comply with all of the following requirements: (a) Completion of the application form designated by the City Manager, and signed by the applicant under penalty of perjury. (b) Applications shall be filed and must be complete a minimum of forty-five (45) calendar days prior to the date requested for issuance of the permit. This time period may be waived for cause on application to the City Manager who shall grant the waiver on finding the size, nature, and complexity of the event is such that it can be reviewed in less time than the forty-five (45) day period. (c) Payment of the fee as prescribed by resolution of City Council. (d) Renewal permit applications shall be filed and must be complete a minimum of 45 (forty-five) calendar days prior to expiration of any existing permit. (e) Where the applicant is a corporation, association, partnership, or other legal entity, applicant shall mean each partner, officer, director, or each shareholder owning or controlling N an interest of more than ten percent (10%) of such entity. The application for a corporation, association, partnership, or other legal entity, shall identify on the application the names of each partner, officer, director, or each shareholder owning or controlling an interest of more than ten percent (10%) of such entity, and the legal name, address and telephone number of the person, partnership association, corporation or other legal entity submitting the application. (f) The business name, street address and telephone number under which the event or activity will be conducted. (g) The exact nature and location of the activity for which the permit is requested and an estimate of the maximum number of persons who would attend the event or activity. (h) A proposed plan for seating for the event or activity, and information regarding the maximum legal occupancy of the proposed premises. (1) The time period for which the permit is requested. (j) A security plan for control of pedestrian and vehicular traffic and prevention of unlawful conduct by employees and patrons, including but not limited to assaults, disturbances, vandalism, littering, theft, sale or use of controlled substances, and consumption of alcohol by persons under twenty-one (21) years 5 of age, within the building(s) and outside in the areas affected by the public attending the event. (k) A plan for control of noise affecting nearby premises, with special attention to prevention of .noise nuisance to nearby residences, if any. (1) A detailed floor plan and site plan of the premises showing the building interior and exterior grounds, including parking spaces, amusement ride location, seating arrangements, dance floor area, bar location, fire exits, and the dimensions of each portion with the layout of the event and/or course or parade route, when applicable. (m) Whether or not any alcoholic beverages will be sold or served. (n) A trash and litter collection and off-site disposal plan and portable restroom supply plan. (o) If applicant is a non-profit, charitable organization, such non- profit status must be established with the City and the percentage of profit to the charity must be included. (p) Such other information pertaining to public health and safety as may be required by the City Manager or that the applicant may wish to include. (2) An application will be deemed complete, unless within five (5) working days, the applicant is given written notice and told what information is missing, either in person or by a letter addressed to the applicant and deposited in the mail. (3) The application form shall contain and be prominently displayed, a statement, in substantially the following form: NOTICE TO APPLICANT Notice should be sent to you by mail, within thirty (30) working days of your filing a completed 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 the denial or any of the conditions by filing a written appeal with the City Clerk within seven (7) days from the time the notice was deposited in the mail or was personally delivered to you. Sec. 9-195. Action by City Manager upon application. (1) Upon the filing of a completed application, the City Manager or his/her designee shall conduct an appropriate investigation, including consultation with the Police, Fire, Public Services, Development Services, Community Services, Legal Department, Risk Manager and inspection of the premises as needed, and the permit shall be issued by the City Manager with or without conditions, unless the City Manager finds that: (a) The event or activity at a proposed location is a use not permitted under the applicable zoning ordinance except where such use is part of an existing legal nonconforming use and except 7 such uses having a conditional use permit issued in contemplation of the event or activity for which the permit is sought; (b) The event or activity is proposed to be located or is located in or upon a premises, building or structure which is hazardous to the health or safety of the employees or patrons of the premises, business, activity, or event, or the general public, under the standards established by the Uniform Building or Fire Codes set forth in Title 5 of this Code; (c) The event or activity is proposed to be located or is located in or upon a premises, building or structure which lacks adequate on-site parking for employees and the public attending the proposed event or activity, under the applicable standards set forth in Title 13 of this Code, except where such use is part of an existing legal nonconforming uses with respect to parking; (d) The event or activity is in conflict with other applicable provisions of any federal, state and/or local laws; (e) The event or activity is scheduled to occur at a location and time in conflict with another event or activity scheduled for the same day or weekend where such conflict would adversely impact on the City's ability to provide adequate City services; (f) The applicant has made a material misrepresentation in the application; E-11 (g) The event or activity will have a substantial adverse impact on the health and safety of any area in the City or violate the City's noise ordinance; (h) The event or activity will have a substantial adverse impact on traffic within any area of the City; (1) The event or activity will be incompatible with other uses in the vicinity; or (j) If the application is for renewal of a permit, where the applicant has violated conditions of the previous permit, or ordinance or regulations of the City, or any County, State or Federal statute or ordinance in the conduct of business or activity. Sec. 9-196. Notice to applicant of action on application. Within thirty (30) days of the filing of a completed application, the City Manager 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 reason 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 on the granting of the application and shall state the last date on which an appeal may be filed, which shall be the seventh (7th) day after the date on which the notice was deposited in the mail or was personally delivered to the applicant. Unless an appeal is timely filed, the D decision by the City Manager shall be final and conclusive on the matter and subject to California Code of Civil Procedure section 1094.6. Sec. 9-197. Appeals; notice and hearing. (1) An applicant whose application for a permit under this article has been denied or has been granted conditionally may appeal such decision by filing an appeal with Ahe City Clerk in accordance with Title 2 of this Code. Notwithstanding the provisions Title 2 of this Code, the time within which such an appeal may be filed shall expire at the end of the seventh (7th) day after the date on which notice to the applicant of the action on his application is personally delivered or deposited by mail. (2) Upon the filing of an appeal City Council shall hear and decide the matter at its next regularly scheduled meeting, unless the appeal is received by the City Clerk Fess than ten (10) days before the next 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. Sec. 9-198. City Council action upon appeal. After public hearing and consideration of the report and recommendation of the City Manager, .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, grant the permit with conditions, or deny the permit upon determining that issuance thereof would result in any one of the circumstances set forth in Section 10 9-195(1). The decision on appeal by City Council shall be based on written findings, shall be final and conclusive on the matter, and subject to California Code of Civil Procedure section 1094.6. Sec. 9-199. Issuance of permit; conditions. (1) After the permit application has been granted and the applicant notified, the City Manager or his/her 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 or as are reasonably necessary to protect the peace and tranquility of any residential area, mitigate traffic impacts, protect other uses in the area, or to protect the public health and safety. (3) Any event or activity which occurs on a city street, sidewalk, alley or other City right-of-way is required to make a security deposit in an amount to be determined by the City Manager to assure proper clean up and replacement of public property to its original condition and cost of City services. (4) The permit shall not relieve or waive the requirement that a event or activity, including, but not limited to, automobile races, bicycle races; foot races, block parties, craft fairs, parades, soap box derbies, rallies or other activities which require street closures, must obtain a permit or other approval from the Public Services Department for the 11 encroachment on, use or closure of such street or City right-of-way pursuant to Title 15 of this Code. (5) Any event or activity which occurs on a city street, sidewalk, alley or other city right-of-way and which is likely to obstruct, delay or interfere with the normal flow of 'pedestrian or vehicular traffic, shall provide written notice to all businesses and residences affected by such event at the time of application for a permit or other approval for such said closure and shall provide a list of those to be notified and form of notification at the time of application. (6) Where the City Manager determines based on recommendations from applicable City departments that the cost of City services incident to the staging of the permitted activity will be increased, because of the permitted activity under this article, the City Manager may require the permittee to make payment into the general fund of the City in an amount equal to the increased cost of City services attributed to the permitted activity. (7) For all events or activity which will take place on premises owned or occupied by the City of Costa Mesa, the City Manager shall require as a condition of the issuance of a permit and the applicant shall obtain, furnish proof of and maintain insurance in a form reviewed and approved by the City Attorney or his designee as 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 12 additional insured, and shall provide that any other insurance maintained by the City of Costa Mesa shall be in excess 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 than one million dollars ($1,000,000.00) combined single limits, per occurrence and in the aggregate. Any applicant who is unable to obtain liability insurance in the amount required by the City Council resolution may apply to the City Council for approval of a lesser amount. An indemnity agreement, signed by the applicant in a form approved by the City Attorney, may be required. (8) Where the City Manager determines that there is a substantial danger of injury or damage to the public and/or property because of the permitted activity on non -City owned property the City Manager may require a policy of insurance and indemnity agreement as specified in subsection (7) of this section. (9) Notwithstanding the provisions of this article, where the City Manager determines that the application is for an activity that involves free speech, including but not limited to, protest rallies, parades, demonstrations, pickets, political campaign events, boycotts and similar free speech activities, the time period for the granting or denial of a permit for such activity or event shall be two (2) calendar days after 13 acceptance of 'a complete application and application fee. A permit for activities covered by this paragraph shall be issued by the City Manager, with or without reasonable conditions, unless he finds that the proposed activity or event will occur under the circumstances specified in subsection (1) of section 9-195. Where a permit application for activities covered by this subsection is denied, or approved with conditions, the applicant shall have the right to appeal the denial or approval with conditions to be heard at the 'next public hearing of City Council, provided, however, where such hearing will not occur within three (3) calendar days after the decision, the Police Chief or his/her designee shall immediately hear and decide the appeal in lieu of City Council. The decision on the appeal by the City Council or the Police Chief shall be based on written findings and shall be final and conclusive on the matter, and subject to California Code of Civil Procedure section 1094.6. Sec. 9-200. Renewal of permit. (1) An unrevoked permit issued pursuant to this article may be renewed for up to two (2) successive one (1) year periods upon written application to the City Manager made at least forty-five (45) calendar days before the expiration date of the valid permit and payment of a nonrefundable permit renewal application fee. For good cause, the City Manager 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. 14 9 (2) The application for renewal shall supply current information with respect to each category of information required pursuant to Section 9-194. (3) The City Manager shall renew the permit unless he determines that renewal of the permit would result in any of the circumstances set forth in Section 9-1950) 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 and modified, and additional conditions may be attached, if required, in the judgment of the City Manager as set forth in this article. 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 City Manager to deny the renewal of a permit or to impose additional conditions may be appealed in the same manner and within the same Limits as a decision upon an initial application for a permit. (5) After the filing of a timely application for renewal of a permit, 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 permittee or until the expiration date of the original or existing permit, whichever is later; provided, however, 15 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. Sec. 9-201. Revocation or suspension of permit (1) . A permit issued under this article shall be revoked or suspended by the City Manager on the basis of any of the following: (a) A material false statement contained, in the application; (b) Failure to comply with Federal, State or local laws and regulations; (c) Failure to operate the business or activity in accordance to such orders, rules and regulations as may be applicable; (d) Conduct of the business or activity in a fraudulent or disorderly manner, or in a manner which endangers the public health or safety. (e) 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 procedures described in the application, or which violates the occupant load limits set by the Fire Department; (f) That the permittee has failed to obtain or to maintain insurance coverage required by this article; 16 (g) That the permittee has failed to obtain or to maintain all required city, county, and state licenses and permits; (h) That the permit is being used to conduct an activity different from that for which it was issued; (1) That one or more of the conditions listed in Section 9- 1950) of this article exists and has not been corrected by the permittee after reasonable notice of the existence of the condition has been given; (j) That the permitted event or activity creates sound levels which violates the noise ordinance of the City of ' Costa Mesa; (k) That the permittee has violated the provisions of 9- 193(3); or (1_) 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 disturbances of the neighborhood by excessive noise created by patrons entering or leaving the premises where the entertainment 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 17 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, and subject to California Code of Civil Procedure section 1094.6. (4) Where the conduct or activity of the permittee creates an imminent peril to the public health or safety, the permit may be summarily suspended by the City Manager upon written notice to the permittee of the suspension, the reasons therefore, and that the permittee shall be entitled to a hearing by the City Manager or his/her designee within three (3) days thereafter provided further any temporary emergency suspension shall not exceed fifteen (15) days pending such hearing. Sec. 9-202. Application to existing businesses. (1) Any business or other entity that was lawfully engaged in providing public entertainment within the meaning of this Article and was the holder of a permit issued by the City pursuant to this Article, before the effective date of Ordinance No. 95- ►3 shall apply for a new permit pursuant to this Article within forty-five (45) days before the scheduled expiration date of the existing permit, and in that case the existing permit shall remain in effect until the application has been acted upon and the decision thereon has become final. m (2) Any other business or entity that was lawfully engaged in providing a public entertainment within the meaning of this article before the effective date of Ordinance No. 95-13, shall apply for a permit pursuant to this Article within sixty (60) days of the passage of this article 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. Sec. 9-203. Severability. If any section, subsection, 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 article. The City Council of the City of Costa Mesa hereby declares that it would have adopted this article and each section, subsection, sentence, clause, phrase, or portions thereof, irrespective -of the fact that any one of more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Publication This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa, or, 19 in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified 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 Ordinance, 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 /9 day of 1995. ATTEST: Deputy C y Clerk of the City of Costa Mesa 20 'k rjx'� Mayo City Attorney STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy 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. 95-13 was introduced and considered section by section at a regular meeting of said City Council held on the 5-t�,day of 1995, and thereafter pasted and adopted as a whole at a regular meetin of said City Council held on the /ff ' day of 10 1995, by the following roll call vote: AYES: COUNCIL MEMBERS: ER;c iesom L4 FA I ,0P -1J 3uc ktE inn s Mo tV.4 NOES: COUNCIL MEMBERS: No�JE ABSENT: COUNCIL MEMBERS: nloNE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this day of AWIF1995. ORDINANCESIAAENERTAINA (8-28-95) 21 T (� -'t' . X��- Deputy Oy Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa