Entertainment
Regulations
ITEM 12-A
Urgency Ordinance No. 1434
Ordinance No. 1435
Background
•Current Entertainment Permit regulations were adopted in 1973 and have not been modified since 1973.
•An Entertainment Permit is required for every form of live entertainment. Exclusions include, without limitation, pianist, guitarist, and the use of a radio or juke box.
•Approval of an Entertainment Permit requires a public hearing before the City Council.
Background – Cont.
•While the City recognizes entertainment is desirable for businesses and the community, the BMC should be updated to protect public health and safety. These include regulations governing security, safety, and impacts to the surrounding businesses and residents. •On August 12, 2024, the City Council adopted Urgency Ordinance No. 1433 establishing a moratorium temporarily prohibiting the City from issuing permits for entertainment.
•Draft entertainment regulations were included with the August 12th staff report.
•Minor changes have been made to the draft entertainment regulations.
BMC Amendments
•Additional exemptions to permit requirements included
•Establish “one-stop” permitting
•Applications must include a detailed description of 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
•Prohibits disorderly conduct within the establishment and within 50’ of the establishment
BMC Amendments – 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 are 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.
Recommendation
1.Adopt Urgency Ordinance 1434 by at least a
four-fifths vote to take effect immediately;
and
2.Read by title only, waive further reading, and
introduce Ordinance No. 1435; or
3.Alternatively, discuss and take other action
related to this item.
Entertainment
Regulations
ITEM 12-A
Urgency Ordinance No. 1434
Ordinance No. 1435