Urgency Ordinance
Item 12-A
Entertainment Permits
1 Background
Current Entertainment Permit regulations were adopted in 1973.
While the City recognizes entertainment is desirable for businesses and the community, updates to the BMC are desirable to protect public health and safety. These include regulations governing security, safety, and impacts to the surrounding businesses and residents.
An Entertainment Permit is required for every form of live entertainment. Exclusions include pianist, guitarist, and the use of a radio or juke box.
Approval of an Entertainment Permit requires a public hearing before the City Council.
2 Moratorium
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.
Adoption of the proposed Urgency Ordinance would result in an initial 45-day moratorium on the citywide regulations for entertainment.
A moratorium places a temporary halt on issuing Entertainment Permits.
Allows the City to evaluate the existing BMC provisions affecting the issues of concern.
3 Draft Regulations
Establish “one-stop” permitting
Limit permits to one year
Permits would not be transferrable
Applications would include detailed description of the entertainment, security plans, and sound equipment
General conditions of approval would include:
Maintaining liability insurance
Abiding by designated operational hours
Implementing safety measures (e.g. registered security personnel) Alcohol-related conditions – restrictions on outdoor consumption and mandatory training for employees serving alcohol
4 Draft Regulations – Cont.
Changes to permit information must be communicated to the director within 30 days. Director may modify, suspend, or revoke permits based on new information, violations, or any extraordinary need for public safety services.
Appeal procedures would be established and maintain administrative oversight by the City Manager.
Violations would constitute misdemeanors and can be addressed through administrative fines, private enforcement actions, or by the City Attorney. Includes the ability to recover fines, penalties, and reasonable attorneys’ fees in civil actions to abate nuisances or obtain injunctive relief.
5 Tonight’s Recommendation
Adopt Urgency Ordinance 1433 by at least a four-fifths vote to take effect immediately; or
Alternatively, discuss and take other action related to this item.
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