6‘1 0? BELLFLOW
«8” Stafteport 12-A h
OROW'NG 106‘?“
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Elizabeth C. Oba, Director of Planning and Building Services SUBJECT: Consideration and possible action to adopt Urgency Ordinance No. 1433 — An Urgency Ordinance temporarily prohibiting entertainment permits being issued to consider adopting revised entertainment permit regulations.
DATE: August 12, 2024
EXECUTIVE SUMMARY
The City is currently processing an entertainment permit application. In reviewing the existing regulations, it appears that the Bellflower Municipal Code (“BMC”) should be updated as to entertainment permits to better protect public health and safety. These include BMC amendments to regulations governing security, safety, impacts to surrounding businesses and residents, etc. To ensure that new regulations apply to the current application for an entertainment permit, an urgency ordinance is proposed that would establish a moratorium temporarily prohibiting the City from issuing permits for entertainment. This would allow new regulations to be drafted and considered. The duration of the proposed moratorium would be an initial 45 days; it may be extended, following a public hearing, for up to a total of two years. Draft regulations are included for the Council to consider. Depending on the extent of the City Council’s directions, a draft ordinance adopting new entertainment regulations could be scheduled for the next City Council meeting.
RECOMMENDATION TO CITY COUNCIL
It is recommended that the City Council consider the following:
1) Adopt Urgency Ordinance No. 1433 by at least a four-fifths (4/5) vote to take effect immediately; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There will be no substantial fiscal impact during the time that the moratorium is in effect.
Staff Report — Urgency Ordinance - Entertainment Permits August 12, 2024
BACKGROUND
BMC Chapter 5.36 includes regulations for submitting, reviewing, and processing applications for establishments requesting an entertainment permit. These regulations were adopted in 1973 and have not been modified since, with the exception of establishing fees.
While the City recognizes that entertainment is desirable for businesses and the community, it is apparent that updates to the BMC are desirable to protect public health and safety.
These include, without limitation, regulations governing security, safety, and impacts to the surrounding businesses and residents.
Currently, an entertainment permit is required for every form of live entertainment. There are certain exclusions in which a permit would not be required such as entertainment provided solely by one person playing the piano or other musical instrument, the use of a radio or juke box, etc. Approval of an entertainment permit requires a public hearing before the City Council. In order to ensure these regulations are adequate and will be regulated in a manner that protects the public health, safety, and welfare of the community, a moratorium is being proposed. It is recommended that the City Council adopt an Urgency Ordinance adopting a temporary moratorium on entertainment permits.
Adoption of the proposed Urgency Ordinance would result in an initial 45-day moratorium on the citywide regulations for entertainment. A moratorium is a formal action by the City Council that places a temporary halt on issuing entertainment permits. The proposed moratorium would delay the processing of any entertainment permits for a period of time, which would allow the City to evaluate the existing BMC provisions affecting the issues of concern.
Attached to this staff report are draft regulations for entertainment permits for the City Council to consider. If adopted at a future meeting, the draft regulations would establish “one-stop” permitting for entertainment, i.e., there would be no need to secure additional permits such as temporary use permits. While most of the current regulations would be superseded, the proposed permitting process would retain the current public hearing requirements and City Council decision-making.
Among other things, the new regulations would limit permits to one year (though they would automatically renew on the anniversary date unless there were material changes); the permits would not be transferrable; applications would include a detailed description of the entertainment, security plans, and sound equipment. General conditions of approval would include maintaining liability insurance, abiding by designated operational hours, and implementing safety measures like registered security personnel. Alcohol-related conditions impose restrictions on outdoor consumption and mandatory training for employees serving alcohol.
Any changes to permit information must be communicated to the director within 30 days.
The director may modify, suspend, or revoke permits based on new information, violations, or any extraordinary need for public safety services. Emergency suspensions can occur when necessary to protect public safety. Notifications and appeals procedures for permit decisions are established, maintaining administrative oversight by the City Manager, whose decisions are final.
Staff Report — Urgency Ordinance — Entertainment Permits August 12, 2024
BACKGROUND - Continued
Violations of the chapter constitute misdemeanors and can be addressed through administrative fines, private enforcement actions, or by the City Attorney, who can prosecute violations. The City Attorney's enforcement also includes the ability to recover fines, penalties, and reasonable attorneys' fees in civil actions to abate nuisances or obtain injunctive relief.
Based on direction from the City Council on the draft regulations, an Ordinance may be prepared and scheduled for City Council consideration at the August 26, 2024 City Council meeting.
ATTACHMENTS
Ordinance No. 1433 ............................................................................................ 4 Draft Entertainment Permit Regulations ................................................................... 8 Current Entertainment Permit Regulations .............................................................. 23
AN
CITY OF BELLFLOWER
ORDINANCE NO. 1433
URGENCY ORDINANCE TEMPORARILY PROHIBITING
ENTERTAINMENT PERMITS BEING ISSUED TO CONSIDER
ADOPTING REVISED ENTERTAINMENT PERMIT REGULATIONS
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1: This Ordinance is adopted pursuant to Government Code §§ 36937, 65858, and other applicable laws.
SECTION 2: Findings. The City Council finds, determines and declares as follows:
A. The City may adopt and enforce all laws and regulations not in conflict with the general laws and the City holds all rights and powers established by California law.
The City currently has one pending entertainment permit application under review and anticipates another entertainment permit application being submitted.
Bellflower Municipal Code (“BMC") Chapter 5.36 regulates entertainment permits issued to establishments providing entertainment and establishes a process to obtain an entertainment permit. These regulations were first adopted in 1973 and have not been modified since, with the exception of establishing fees.
The City recognizes the benefits that entertainment provides for businesses and the community. However, the City Council finds that the BMC should be updated to protect public health and safety.
The current regulations of the BMC governing to entertainment permits are inadequate and need review, study, and revision. Without adopting this Ordinance, multiple applications could receive permits that could allow for entertainment that potentially poses a threat to the public health, safety, and welfare of the community.
The City needs additional time to prepare, evaluate and adopt reasonable regulations regarding entertainment establishments.
Based on the foregoing, the City finds that that this Ordinance is necessary to protect the City from the potential effects and impacts of inadequate permit regulations and the accompanying impacts from safety and security in the business and residential areas of the City and other similar or related effects on property values and the quality of life in the City’s neighborhoods.
City of Bellflower
Ordinance No. 1433
H. The City Council further finds that this moratorium is a matter of local and City-wide importance and is not directed towards any business that currently seeks to utilize BMC Chapter 5.36.
I. The City Council finds that this Ordinance is authorized by the City’s police powers. The City Council further finds that the length of the moratorium imposed by this Ordinance will not in any way deprive any person of rights granted by state or federal laws, because the moratorium is short in duration and essential to protect the public health, safety and welfare.
SECTION 3: Environmental Assessment. Adoption of this Ordinance is exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures for operation of existing facilities. This Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines §§ 15301. Further, the adoption of this Ordinance is also exempt from review under CEQA pursuant to CEQA Guidelines § 15061(b)(3) because the Ordinance is for general policies and procedure- making. The Ordinance will not adversely impact the environment and is therefore exempt from the provisions of CEQA.
SECTION 4: Interim regulations. The following provisions are adopted as interim requirements for entertainment permits pursuant to the BMC, .and any construction or operation in the City in conflict with these provisions is expressly prohibited:
A. Restricted Activities. For a period of 45 days after adoption of this Ordinance, the City will not issue a permit for entertainment within the City utilizing BMC Chapter 5.36. The City Manager, or designee, must review any application for a permit to determine compliance with the provisions of this Ordinance. City employees, and City boards and commissions, are directed to refrain from accepting, processing, or approving any entertainment permit application within the City’s jurisdiction, and to refrain from processing and issuing approvals for any pending applications already received. These prohibitions will remain effective for 45 days following adoption of this Ordinance.
SECTION 5: Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 6: Enforceabi/ity. Repeal of any provision of the BMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance‘s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
City of Bellflower
Ordinance No. 1433
SECTION 7: Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the BMC or other city ordinance by this Ordinance will be rendered void and cause such previous BMC provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 8: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 9: Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Beliflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 10: Report. Pursuant to Government Code § 65858, the City Manager, or designee, must prepare a report for City Council consideration describing the measures taken to address the conditions which led to adoption of this Ordinance.
This report must be provided to the City Council so that it may be considered and issued not later than 10 days before this Ordinance expires.
SECTION 11: Effective Date. This Ordinance will become effective immediately upon adoption pursuant to Government Code §§ 36937 and 65858 for the immediate preservation of the public peace, health, safety, and welfare. Pursuant to those statutes this Ordinance is adopted by a four-fifths vote.
SECTION 12: Expiration Date. After adoption, this Ordinance will be repealed by operation of law on September 27, 2024, unless a subsequent ordinance is adopted by the City Council that extends this date.
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City of Bellflower
Ordinance No. 1433
ORDINANCE NO. 1433 WAS DULY PASSED, APPROVED, AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF AUGUST 12, 2024, AS AN URGENCY ORDINANCE.
Dan Koops, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
CHAPTER 5.36
ENTERTAINMENT PERMIT
x.xx.000 Purpose.
This chapter is adopted in accordance with California Constitution Article XI, § 7, for the purpose of establishing uniform regulations for allowing entertainment within the city. The city’s intent in adopting this chapter is to establish reasonable restrictions on the ability for establishments to engage in entertainment to promote the public welfare while still protecting public health and safety. x.xx.010 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter.
Words and phrases undefined in this Code have the same meaning as set forth in the BMC:
“ABC license” means the license issued by the California Department of Alcoholic Beverage Control.
“Admission charge” means any charge imposed to enter any entertainment establishment, e.g., a cover charge. It also includes the purchase or presentation of a ticket or token directly or indirectly required as a condition for entrance. It does not include tips, gratuities, or voluntary donations for employees or for any person providing entertainment.
“Dance and dancing” means movement of the human body, accompanied by music or rhythm.
“Director” means the city manager or designee.
“Disorderly conduct” means any threat to public peace, health, safety and welfare including, without limitation, disturbing the peace (Penal Code § 415); disorderly conduct (Penal Code § 647); brandishing a weapon (Penal Code § 417); assault and/or battery (Penal Code §§ 240 and 242); assault with a deadly weapon (Penal Code § 245); riot (Penal Code §§ 404 or 406); and unlawful assembly (Penal Code § 407).
“Entertainment or entertainment establishment” means the organized action of providing amusement or enjoyment to invited members of the public. Examples include, without limitation, presentations, readings, performances, or musical renditions. Such entertainment may be provided free of charge or for a fee. “Entertainment permit" means a standard entertainment permit issued pursuant to this chapter.
“Extraordinary law enforcement or public safety services” mean city services that require more than two police units to adequately respond to a situation, or that are beyond the course and scope of the services routinely provided to other businesses and citizens, and stretch the resources of the responding agency beyond those normally available for response.
“Public place” means an area open to the public, or an alley, plaza, park, or parking lot, or a building open to the general public including one that serves food or drink, or provides entertainment.
“Responsible person” means the permittee, owner, proprietor, promoter, manager, assistant manager or other person exercising control over the operation of an entertainment establishment, whether or not that person is a named permittee.
“Theater" means any commercial establishment where regular concerts, motion picture screenings or theatrical performances are given, usually on a stage, and usually with ascending row seating or some permanent arrangement of seating. x.xx.020 Applicability.
This chapter applies to entertainment establishments in the city seeking to provide entertainment.
x.xx.030 One-Stop Permitting.
Persons who obtain a permit pursuant to this chapter are not also required to obtain separate permits.
x.xx.040 Administration by Director.
Except as otherwise provided, the director will receive applications, issue and revoke permits, and othewvise implement this chapter according to the procedures set forth below.
x.xx.050 Permit required.
A. It is unlawful for any person to conduct, sponsor, or knowingly participate in any entertainment without a valid permit issued pursuant to this chapter.
B. Possessing a valid entertainment permit does not excuse any failure to otherwise comply with this code or other applicable law. x.xx.060 Exemptions from the permit requirement.
These types of entertainment are exempt from the permitting requirement of this chapter:
A. Entertainment lawfully conducted at any city park, plaza, building or recreational facility pursuant to a permit, agreement, or reservation approved by the city;
B. Entertainment limited to the use of a radio, music recording machine, juke box, television, video games, video programs, or recorded music by an establishment that does not permit dancing or karaoke;
C. Entertainment provided for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge; D. Parades;
E. Street performers such as musicians, singers or mimes; F. Entertainment conducted or sponsored by any religious organization, bona fide club, organization, society or association that is exempt from taxation pursuant to United States Internal Revenue Code Section 501(c)(3); when all proceeds, if any, arising from such entertainment are used exclusively for the benevolent purposes of such religious organization, club, society or association.
Written proof of the tax-exempt status must be provided to the director at least seven days before the entertainment occurs;
G. Performances by the students at educational institutions as defined by the California Education Code where such performances are part of an educational or instructional curriculum or program;
H. Entertainment in theaters where no alcohol is allowed or provided; I. Dance lessons, theatrical and performing arts lessons and student recitals; J. Book readings, book signings, poetry recitations, and any other similar entertainment consisting of the spoken word, including plays; K. Entertainment consisting of ambient or incidental music provided for guests or patrons by a solo musician such as a piano player, harpist, strolling violinist, or guitarist, if a sound amplifier is not utilized during the musical presentation and no admission charge is required to observe or attend;
L. Entertainment conducted in any hotel or motel with more than one hundred rentable rooms or suites;
M. Entertainment lawfully conducted at any of the following regulated businesses:
1. “Bingo” regulated under Chapter 5.68.
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x.xx.070 Nature of the Permit.
Permits issued pursuant to this chapter are subject to the following limitations:
A. Permits are personal to the applicant not to the premises upon which the entertainment is conducted. No other individual may conduct entertainment under the authority of a license issued to another. For purposes of this chapter, a permit is not deemed transferred or assigned if the pennittee is a corporation or partnership which remains under the control of the same individual or individuals who controlled it at the time the permit was approved;
B. Permits cannot be transferred or assigned;
C. No property rights are conferred to the permittee;
D. An annual permit may be issued for continuing entertainment at a certain location in accordance with this chapter;
E. There is no right of renewal; and
F. Permits are specific to the location for which it is applied. A new permit must be obtained in the event there is a relocation of the permitted activity or a major alteration to the existing facility.
x.xx.080 Fees.
Except as otherwise provided by federal, state, or local laws, or other city council authorized restrictions, all fees applicable to this chapter including, without limitation, fees for using public property, will be established by city council resolution.
x.xx.090 Application for Permit.
A. Permit applications must be filed by a natural person.
B. Permit applications must be in a form prescribed by the director, signed under penalty of perjury, and, for all permits, will contain all of the following information:
1. The name, mailing address, and daytime and evening telephone numbers of the person filing the application;
2. If the permit is obtained on behalf of an organization, the name, mailing address, and daytime telephone number of the organization; and if requested by the director, written documentation of the authority under which the applicant is applying for the permit on behalf of the organization;
3. The name, mailing address, and daytime and evening telephone number of an alternate person to contact if an emergency arises and the applicant is unavailable;
4. Whether or not the applicant or any other responsible person(s) have been convicted of a misdemeanor or felony offense within the past five years, the nature of such offense(s), and the sentence(s) imposed;
5. The applicant and all responsible persons for a standard entertainment permit must submit to fingerprinting by the director. All applicable livescan fees must be paid for by the applicant and all responsible persons.
6. The-nature of the entertainment;
7. If any admission or cover change is proposed;
8. A description of any sound amplification equipment to be employed during the entertainment;
9. The proposed date and estimated starting and ending time of the entertainment;
10. Written consent for the proposed entertainment on the premises from the owner of the property on which the entertainment is to be conducted, and, if different, the owner(s) of the business or other entity operating the entertainment establishment; and
11. A diagram drawn to scale and dimensioned showing location of the performance area on the premises with all seating and a list of equipment or instruments to be used in the performance;
12. The estimated number of participants in the entertainment;
13. The proposed security arrangements for the safety and control of patrons;
14. Parking requirements for the entertainment; and
15. Such other information as may be required.
x.xx.100 Completed Applications.
An application is complete when all the requirements of section x.xx.090 are satisfied, including the return of all livescan results from the Department of Justice.
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x.xx.110 Review by City Departments.
A. After an application is filed, the director will immediately forward the application to the following city departments or personnel for review:
1. The fire marshal;
2. The public safety department;
3. The sheriff’s department
4. The building division of the planning department; and
5. The public works department.
B. Upon receiving an application, these departments will consider the application, conduct any necessary investigation, and provide the director with written recommendations regarding.
1. Any special conditions for a permit; and
2. Any additional recommendations.
x.xx.120 Time for review.
A. Except as provided in this chapter, completed applications for a permit authorizing an event should be denied, approved, or conditionally approved within 21 business days after receiving the completed application.
B. After the director receives recommendations from the city departments, the director will forward the application to the city clerk to set a hearing before the city council and notify the applicant of the date of such hearing.
C. Unless otherwise provided, the applicant’s acceptance of the approval or conditional approval must be received by the director within five business days after the applicant was served with notification of the city council's decision and before any entertainment may occur.
x.xx.130 Notice of Hearing.
The city clerk will provide notice at least 10 days before the hearing to the applicant and to all property owners within 300 feet of the proposed or actual location of the applicant's business. For the purposes of this section, notice to property owners is sufficient if given to those property owners who appear as such on the last equalized assessment roll on file with the City. Additionally, the city clerk will 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 must be in the form and manner as determined by the director. The applicant bears all -13-
costs and expenses in mailing, printing, publishing and posting such notices and pay such costs to the city before the time set for public hearing as the application.
Failure to pay such costs by the applicant renders the application withdrawn. x.xx.140 Action of Hearing.
At the time and place set for public hearing as to any application, the city council will hear and determine all the facts and evidence relevant to the nature and location of the proposed entertainment and the character, reputation and moral fitness of those who will conduct, participate in, or be in charge of such entertainment.
x.xx.150 Denial of Application.
At the conclusion of the hearing before the city council, the city council must grant or deny the application.
x.xx.160 Issuing Permits.
A. The city council may issue a permit if
1. The application was complete in accordance with this chapter;
2. There are no grounds for denying the permit; and
3. The applicant accepts the permit approval or conditional approval in writing.
B. Use of any permit issued pursuant to this chapter must conform to the general permit conditions of this chapter and, if applicable, special permit conditions reasonably deemed necessary by the director to protect public, safety or welfare.
x.xx.170 Permit Denial.
A. A permit may be denied for the following reasons:
1. The application is incomplete;
2. The applicant failed to provide reasonable supplemental application information requested by the director;
3. lnforrnation submitted by the applicant is materially false;
4. The application is submitted by a person with a suspended permit or whose permit was revoked;
5. The location of the proposed entertainment does not conform to the requirements of this chapter;
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B. Neither the applicant or any responsible person or principal of the applicant has, within the past five years, been convicted of a felony or other crime of moral turpitude that is substantially related to the qualifications, functions or duties of a proprietor of the premises upon which the entertainment activities are conducted; and
1. Neither the applicant or any responsible person or principal of the applicant has a history of committing, permitting or failing to prevent significant violations of the city code, or any license or permit, in connection with an entertainment establishment for which he or she was a responsible person; and
2. The application seeks authorization for entertainment that is prohibited by this code or unlawful under any other local, state, or federal law;
3. The applicant does not owe the City of Bellflower any fee authorized by this code or an administrative penalty for violation of _a provision of this chapter or a condition of an entertainment permit issued pursuant to this chapter; or
4. Issuing the permit would endanger public health, safety, or welfare as determined by the director.
C. Where the director does not approve a permit, the director will inform the applicant of the reason(s) for the denial in writing.
x.xx.180 Effect of denial.
If an application for an entertainment permit is denied, no application for a permit to conduct any entertainment activity at the same location will be considered by the city council for a period of one year from the date of denial. x.xx.190 General Permit Conditions.
A. Unless suspended or revoked, permits issued pursuant to this chapter have a term of one year. Permits are automatically renewed on the anniversary date of being issued for an additional one year term so long as all material information regarding the permittee remains unchanged. Should a permit expire, the permittee must comply with this chapter to obtain a new permit.
B. Permittees must enter into a hold harmless agreement, in a form approved by the city attorney, with the city which will, in part, indemnify city, its officers, employees, and agents, from any liability arising from a permit issued pursuant to this chapter.
C. Insurance Requirements. Permittees must obtain liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of not less than “A VII.” Such insurance will provide “occurrence” coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such event.
Insurance will name the city and the city’s elected and appointed officials, officers, and employees as additional insureds under the coverage afforded. In addition, such insurance will be primary and noncontributing with respect to any other insurance available to the city and will include a severability of interest (cross- liability) clause. If alcoholic beverages are sold or served during entertainment, the policy must also include and endorsement for liquor liability in an amount not less than $1,000,000.
D. Certificates of Insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements, in a form approved by the city's risk manager, must be filed with the director not less than five business days, except as otherwise provided in this chapter, before the date of the event unless the director for good cause waives the filing deadline.
E. Permittees must attempt to notify all affected persons, by any reasonable means, regarding the nature, date, and time of entertainment as specified by the director. Failure of the permittee to give such notice will not invalidate a permit.
F. Unless otherwise provided, all entertainment establishments must be closed between 2:00 am. and 6:00 am, except that as part of a New Year celebration, entertainment establishments may remain open until 3:00 am. on January 1st.
G. A responsible person must be present in the entertainment establishment during all hours that the entertainment establishment is open and offering entertainment.
H. Responsible persons must allow authorized law enforcement officers to enter onto entertainment establishments to ensure compliance with this chapter during business hours.
x.xx.200 Alcohol Related Conditions
For entertainment establishments with an ABC license, the entertainment permit will include the following conditions:
A. The exterior lighting of the parking area must be kept at an intensity of between one and two foot-candles so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas.
B. The sale of alcoholic beverages for consumption outside or off the premises is prohibited. Signs must be posted at all entrances and exits of the premises indicating that the sale of alcoholic beverages for consumption outside or off the premises is prohibited.
C. The applicant must obtain and maintain all licenses required by the Alcohol Beverage Control Act (Business & Professions Code §§ 23300, et seq.). .15-
D. The applicant must post a sign in a clear and conspicuous location listing a phone number at which a responsible party may be contacted during all open hours of the entertainment establishment to address any concerns of the community regarding noise at the entertainment establishment. Said contact's name and phone number must also be available through entertainment establishment staff at all times.
E. The applicant must, at all times, display a Designated Driver sign of at least ten inches by ten inches (10" X 10") within the dining room lobby at eye level. The sign must be worded in a way that reminds patrons who are consuming alcohol to designate a non-drinking driver.
F. There cannot be exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to public view from the exterior constitute a violation of this condition.
G. All employees serving alcoholic beverages to patrons must enroll in and complete a certified training program approved by the State Department of Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The training must be offered to new employees on not less than a quarterly basis.
H. Any and all employees hired to sell alcoholic beverages must provide evidence that they have either:
1. Completed training from the State of California Department of Alcoholic Beverage Control (ABC) administered Leadership and Education in Alcohol and Drugs (LEAD) Program in the form of an ABC-issued certificate; or
2. Completed an accepted equivalent by the ABC to ensure proper distribution of beer, and wine to adults of legal age. If any prospective employee designated to sell alcoholic beverages does not currently have such training, then the ABC-licensed proprietors must have confirmed with the Sheriff’s Department within 15 days of the director’s decision that a date certain has been scheduled within the local ABC Office to complete the LEAD course.
3. Within 30 days of taking said course, the employees, or responsible employer must deliver each required certificate showing completion to the Sheriff’s Department.
I. If complaints are received regarding excessive noise, lighting, building access, or other disturbances associated with alcohol service at the restaurant, the director may, in its discretion, take action to review the entertainment permit including, without limitation, adding conditions or revoking the permit. -17-
x.xx.210 Special Permit Conditions.
A. Grounds for Special Permit Conditions. The director may condition a permit with reasonable requirements to protect public health, safety, and welfare.
B. Conditions may include, without limitation, the following:
1. Accommodating pedestrian and vehicular traffic;
2. Use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of entertainment; and1.
3. Obtaining of any and all business licenses required by this code for the sale of food, beverage or other goods or services.
C. The director may impose conditions related to the age of patrons inside an entertainment establishment if its ABC license, if any, does not address that issue.
The intent of this condition is to allow the sale and service of food to minors in a bona fide public eating place (ABC license types 41, 47 and various club licensed premises) with reasonable conditions placed on the permit to protect minors from alcohol and unlawful activity.
D. An applicant for a permit may request, and the director may approve, extended operating hours that will be applicable to the permitted entertainment establishment. The extended operating hours approved by the director, and any conditions relating thereto, must be specifically stated in the permit and must not conflict with any operating hours conditioned as part of a Conditional Use Permit or other entitlement.
E. Where security is required, the following conditions will be imposed:
1. All security personnel must register and maintain valid registration status with the state of California's Department of Consumer Affairs. At no time may any security personnel register with the State at any level that is less than that of a proprietary private security officer. Proof of application and registration for all security personnel must be maintained by the entertainment establishment and consist of copies of all relevant documentation including: application forms, receipts for application fees and live scan fees, and actual proof of registration.
2. While on duty, all security personnel must have a nameplate containing the security personnel's full name and the word “SECURITY” printed in bold, capital letters. The nameplate must be exhibited prominently on the clothing, at chest level, and must be visible and easily read at all times. The nameplate must be a minimum of two inches high and four inches wide, with the required information printed in capital letters, at least three-fourths inches high and in a contrasting color. As an alternative to a nameplate, the security personnel's name and the word “SECURITY” may be embroidered on the security personnel's -13-
outermost garment with the required information meeting the above specifications and located at chest level.
x.xx.220 Subsequent Conditions.
The director may condition previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable. x.xx.230 Disorderly conduct within fifty feet prohibited.
A. Each responsible person must make reasonable efforts to control the conduct of patrons so as to prevent or minimize disorderly conduct from occurring within the entertainment establishment and within fifty feet of the entrance to the entertainment establishment. The distance is measured in a straight line from the property line of the establishment.
B. Each responsible person must use reasonable efforts to cause the orderly dispersal of individuals from the vicinity of the entertainment establishment at closing time, or in the case of a special event, at the conclusion of the event.
Where the entertainment occurs within a building or structure, each responsible person must use reasonable efforts to prevent people from congregating within fifty feet of the entertainment establishment in a disorderly fashion. The distance is measured in a straight line from the property line of the establishment. x.xx.240 Display of permits.
The permit issued pursuant to this chapter must at all times be posted in a conspicuous place in the entertainment establishment for which it was issued and be immediately produced upon the request of any police or code enforcement officer of the city.
x.xx.250 Change In Permit Information.
A. Whenever any change occurs in the information contained in the permit, the permittee must give the director written notice of the change within 30 days of the date that the change becomes effective.
B. If a permittee fails to give the director timely written notice of a change in the information contained in the application, the director may charge the permittee an additional administrative fee.
x.xx.260 Permit Modification, Suspension, Revocation.
A. The director may modify, suspend, or revoke a permit upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable.
B. The director may modify, suspend, or revoke a permit when the permittee -19-
or entertainment, violates the permit’s terms and conditions, or when event participants violate applicable laws or regulations; provided, however, that the director will not revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within a reasonable time.
C. The director may modify, suspend, or revoke a permit when extraordinary law enforcement or public safety services were required as a result of the permit activities to the extent that they create an unreasonable burden on the City. x.xx.270 Emergency Suspension of Permit.
The director and any sworn public safety officer may temporarily suspend a permit whenever there is an emergency that requires such action to protect public safety.
x.xx.280 Notices.
A. Where the provisions of this chapter require that an applicant/permittee be served with notice, such notice will be deemed served when personally delivered to such applicant/permittee or when deposited in the first class US. Mail, addressed to such applicant/permittee at the applicant/permittee’s last known address.
B. Unless othenuise provided, written notification to a perrnitteelapplicant of a permit decision will state with particularity the basis for such decision. x.xx.290 Administrative Review.
A. Except as othenivise provided, an applicant may request administrative review of any director decision pursuant to this chapter.
B. Except as otherwise provided, a request for review must be commenced within five days from the date on which written notice of the director’s decision is served on the applicant/permittee.
C. If request is untimely, the director may, nevertheless, extend the time for commencing such review for good cause shown.
D. A request for administrative review must be on a form provided by the director and contain the following information:
1. The name, address and telephone number of the person making the request;
2. A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued;
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3. A brief description of all grounds for making the request; and
4. Such other information as may be required by the director.
E. Upon request for administrative review being filed, the director will provide a copy of the notice to the city manager within two business days.
F. Upon receiving a request for review from the director, the city manager will review the request and, within 10 days of receiving the request notice, provide the appellant with a written notification that:
1. The director’s decision is affinned;
2. The director’s decision is modified;
3. The director’s decision is reversed and a permit is issued or issued without special conditions.
G. The city manager may, but is not required to, conduct a hearing at a time and place determined at the city manager’s sole discretion.
H. in addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the director’s decision.
I. The city manager’s decision is final. There is no right to a city council appeal. The final decision will inform the appellant that the decision is a final decision and that the time for judicial review is governed by Code of Civil Procedure Section 1094.6.
x.xx.300 Enforcement, Generally.
A violation of this chapter constitutes a misdemeanor. The City Attorney may, at his or her discretion, reduce a violation to an infraction. Any violation of this chapter may also be abated as a public nuisance. The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies.
x.xx.000 Administrative Fines.
A. In addition to any other enforcement remedy, administrative citations may be issued to any responsible person for violations of this chapter.
B. An administrative citation issued for a violation of this chapter may be appealed in accordance with this code.
x.xx.010 Private Enforcement.
A. In addition to any other remedy available under applicable law, violations
of this chapter may be enforced any person as follows:
1. Abated as public nuisances.
2. Enjoined as unfair business practices that are presumed to nominally damage each and every resident of the community.
B. Any person acting for the interests of itself. its members, or the general public may bring an action for injunctive relief to prevent future violations or to recover actual damages.
x.xx.020 City Attorney Enforcement Authority.
A. In addition to any other general functions, powers, and duties given to the City Attorney by this code or California law, the City Attorney is authorized to:
1. Prosecute on behalf of the people all criminal and civil cases for violations of this chapter including, without limitation, administrative or judicial nuisance abatement and suits for injunctive relief; and
2. Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the City under this chapter.
B. Where a civil action is filed, the prevailing party is entitled to reasonable attorneys' fees, but is limited by the amount of attorneys' fees claimed by the city pursuant to Government Code § 38773.5. If the court issues an order or a judgment which validates an accounting, the court will also award the city its actual costs, including, without limitation, reasonable attorneys’ fees incurred by the city in such judicial proceeding.
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CityofBellflower, CA
§ 5.36.010 § 5.36.030
CHAPTER 5.36
AMUSEMENTS, DANCES AND ENTERTAINMENT REGULATIONS
§ 5.36.010. Permit Required.
A. No person shall operate, conduct or manage any public place where food or beverages are sold, offered for sale or given away, and where any form of entertainment is provided or furnished without first obtaining a permit so to do as hereinafter provided for in this chapter.
B. No person shall operate, conduct or manage any public place where any form of entertainment is provided for or furnished to any person or patron for and in consideration of the payment by such person or patron of anything of value, including, but not limited to, an admission charge, ticket, fee, charge, the payment of money or the transfer of any other thing or item of value by any person or patron, without first obtaining a permit so to do as hereinafier provided for in this chapter.
C. No person shall operate, conduct or manage any public place where any form of entertainment is provided or furnished without first obtaining a permit so to do as hereinafier provided for in this chapter.
(Prior code § 5-6.1)
§ 5.36.020. Entertainment Defined.
A. "Entertainment" shall mean every form of live entertainment, music, solo band or orchestra, act, play, burlesque show, fashion show, review, pantomime, scene, song or dance act, song, dance or any other act of 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, and shall include any of such forms of live entertainment when used in connection with, or as a means to attract the patronage or hold the attention of such guests or patrons for the purpose of advertisement, demonstration, display, or sale of goods, wares, merchandise, or servrces.
B. Entertainment also shall mean showing, displaying or projecting within or on any premises any motion picture, moving picture, still picture or slide picture. This section shall not be applicable to any television transmission where such transmission is conducted by a regularly established and licensed television station. This section shall be applicable and deemed to apply to the use of any machine or projector which projects for the viewing of any patron any motion picture, still picture or slide, whether or not such machine or projector is coin operated or actuated.
C. Entertainment also shall mean the operation or conduct of a theater. "Theater" shall include a moving picture theater, or drive-in theater, where moving or motion pictures, legitimate theater or vaudeville shows are exhibited. "Theater" shall also include any place containing a permanent stage upon which movable scenery or theatrical appliances are used, where musical, theatrical or vaudeville or similar performances are given to either private patrons or guests or to public assemblages.
(Prior code § 5-6.2)
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City of Bellflower, CA
§ 5-36-030 § 5.36.040
§ 5.36.030. Exclusions.
The provisions of this chapter shall not be deemed to require a permit for the following:
A.
B.
D.
For the use of a radio or music recording machine, juke box in any establishment.
For entertainment conducted by any bona fide club, society, non-profit, or eleemosynary association, organized or incorporated for benevolent, charitable, dramatic or literary purposes having an established membership and which holds meetings other than such entertainment at regular intervals, when the proceeds, if any, arising from such entertainment are used solely for the purpose of such club, society, or association.
For entertainment provided solely by one person playing the piano or other musical instrument for the amusement of guests or patrons of an establishment.
For entertainment conducted solely on or at any premises or location which is owned or operated by, or leased by, the United States, State of California, County of Los Angeles, or any agency or subdivision thereof, or any school district. (Prior code § 5-6.3)
§ 5.36.040. Application for Permit.
Applicants for entertainment permits shall file a written, signed and verified application, together with the application fee as set forth in Section 5.36.140, with the City Manager, showing:
A.
B.
The name and permanent address of applicant.
The name and proposed 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 not less than 25% 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 partners, including limited partners. In the event any partner, limited or general, is a corporation, the application shall comply with the provisions set forth above and provide the information relating to corporate applicants.
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 said entertainment is proposed to be conducted, and the admission fee, if any, to be charged.
The name or names of the person or persons having the management or supervision of the applicant's business and of any entertainment.
A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment.
Whether or not the person or persons owning or having the management or supervision of applicant's business have been convicted of a crime, the nature of such offense, and the Downloaded fiorn htts/ecode360.comIBE4904 on 2024—08-08 -24-
City ofBellflower, CA
§ 5.36.040 § 5.36.080
sentence received therefor.
H. A plot plan showing the physical layout and nature of the premises, and also showing the nature, location and extent of existing parking spaces and area available for the premises.
1. Such other reasonable information as to the identity or character of the person or persons having the management of supervision of applicant's business, as the City Manager may deem necessary, including, but not limited to, obtaining the fingerprints of any such person or persons.
(Prior code § 5-6.4)
§ 5.36.050. Investigation and Hearing.
Afier the application for an entertainment permit has been filed with the City Manager, he or she 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 the City Council and shall notify the applicant of the date of such hearing. (Prior code § 5-6.5)
§ 5.36.060. Notice of Hearing.
After the City Manager has set the application for hearing, he or she shall cause notice of at least 10 days of the hearing to be given to the applicant and to all property owners within 300 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 on file with the City. 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 determined by the City Manager. The applicant shall bear all costs and expenses in mailing, printing, publishing and posting such notices and shall pay such costs to the City prior to the time set for public hearing as to his/her application. Failure to pay such costs by the applicant shall be grounds to deny his/her application.
(Prior code § 5-6.6)
§ 5.36.070. Action of Hearing.
At the time and place set for public hearing as to any application, the City Council shall hear and determine all the facts and evidence relevant to the nature and location of the proposed entertainment and the character, reputation and moral fitness of those who will conduct, participate in, or be in charge of such entertainment.
(Prior code § 5-6.7)
§ 5.36.080. Denial of Application.
At the conclusion of the hearing before the City Council, the City Council shall grant or deny the application. The City Council shall deny said application if it shall find and determine any of the following:
A. The conduct of the establishment or the granting of the application would be contrary to the Downloaded from htt://ecode360.com/BE4904 on 2024-08-08
City of Bellflower, CA
§ 5.36.080 § 5.36.100
J.
public health, safety, morals or welfare for any reason; provided however, that this provision shall not be applicable where the proposed entertainment is one protected by the provisions of the First Amendment to the Constitution of the United States; or The premises or establishment have been or are operated in an illegal, unlawful or disorderly manner; or
The applicant or any other person associated with him/her as principal or partner, or in a position or capacity involving partial or total control or management over the conduct of the premises for which the applicant is applying, has been convicted within seven years prior to the date of the application in any court of competent jurisdiction of any offense involving the presentation, exhibition or performance of any lewd, indecent or obscene show of any kind, or of a felony or of any crime involving moral tuipitude, or of any offense involving the possession of lewd or obscene matter, when such conviction or convictions are of the kind or nature reasonably related to the operation of the proposed entertainment under the proposed permit and such conviction or convictions reasonably show a clear and present danger that the proposed use of the permit by the applicant will result in violations of the law; or That granting the application would create a public nuisance; or That the normal operation of the premises would interfere with the peace and quiet of any sm'rounding residential neighborhood; or
That there would not be adequate parking available for the premises in the conduct of the proposed entertainment for which the permit is applied for; or That increased policing would be necessitated by the entertainment for which the permit is requested; or
That the quiet and peaceful enjoyment of the neighborhood would be substantially interfered with by the creation of noise or traffic hazards; or
That the proposed use of the premises is not in compliance with the provisions of the Zoning Regulations and Zoning Ordinances of the City; or
That the proposed premises are not in compliance with the provisions of the Building Code or Electrical Code or Plumbing Code or Fire Prevention Code of the City. (Prior code § 5-6.8)
§ 5.36.090. Approval of Application.
If, at the conclusion of the hearing as provided for in Sections 5.36.060, 5.36.070 and 5.36.080, the City Council fails to find or determine that any disqualifying ground or grounds, as set forth in Sections 5.36.080 and 5.36.120, exist for the denial of the proposed application, the City Council shall approve said application and the permit shall be issued upon the payment of the appropriate fees therefor.
(Prior code § 5-6.9)
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City ofBellflower, CA
§ 5.36.100 § 5.36.140
§ 5.36.100. Conditions Imposed on Permit.
Afier the public hearing as to any application, the City Council in granting any permits may also impose such reasonable conditions as to the use or extent of such permit as it deems appropriate based upon any evidence or facts presented at the hearing. A condition of any permit shall be that the permittee or occupant of the premises shall maintain with the City a current register of the names and addresses of any or all persons having management and/or control of the business. (Prior code § 5-6.10)
§ 5.36.110. Suspension or Revocation of Permit.
After notice of at least 10 days to the permittee and hearing thereon, the City Council may suspend or revoke any permit granted pursuant to this chapter if the City Council finds and determines that any permittee, his/her agent or employee, or any person connected or associated with the permittee as partner, director, officer, general manager or other person who is exercising managerial authority of, or in 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 in any report or record required to be filed pursuant to this chapter; or B. Violated any provision of this chapter, or of any statute, ordinance or code, relating to his/ her permitted activity or relating to his/her premises; or C. Is convicted of a felony, or of any crime involving moral turpitude, or of any offense involving the presentation, exhibition or performance of any lewd, indecent or obscene show of any kind, or of any ofi‘ense involving the possession of lewd or obscene matter, when such conviction of a crime is of the kind or nature reasonably related to the operation of the proposed entertainment under the proposed permit; or
D. Violated any rules, regulations or conditions adopted by the City Council relating to the permittee's business or permit; or
E. Conducted the permitted business in a manner contrary to the peace, health, safety and general welfare of the public.
(Prior code § 5-6.11)
§5.36.120. Restrictions.
No permit shall be issued to any applicant for any premises where the proposed premises are not in compliance with any of the provisions of the Zoning Ordinance, the Building Code or the Electrical Code or the Plumbing Code or the Fire Prevention Code of the City. (Prior code § 5-6.12)
§ 5.36.130. Hours of Entertainment.
No entertainment for which a permit is required pursuant to this chapter shall be conducted between the hours of 2:00 am. and 6:00 am. of any day unless authorized by the permit to do so, unless afier a showing at the public hearing that such limitation was not reasonable or appropriate. (Prior code § 5-6.13)
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City of Bellflower, CA
§ 5.36.140 § 5.36.150
§ 5.36.140. Fee for Filing an Application.
Except as otherwise provided by applicable law, all permit fees applicable to this chapter will be established by City Council resolution. Such charges will be determined by the department and be based on the actual cost incurred by the City in providing services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and the use of any and all City equipment, and supplies.
(Prior code§ 5-6.14; 0rd. 1336 § 7, 5/8/17)
§ 5.36.150. Fee for Entertainment Permit.
The fee for an entertainment permit will be payable annually on or before January of each and every year, and this fee will be in addition to any license fee that may be required by the City.
Except as otherwise provided by applicable law, all fees applicable to this chapter, excluding business license taxes and fees, will be established by City Council resolution. Such charges will be determined by the department and be based on the actual cost incurred by the City in providing services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and the use of any and all City equipment, and supplies. (Prior code § 5-6.15; 0rd. 1336 § 8, 5/8/17)
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