BELL
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R OWING 100M
TO: I Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Elizabeth C. Oba, Director of Planning and Building Services James Atkins, Senior Planner
SUBJECT: Consideration and possible action to conduct a public hearing to adopt Resolution No. 25-29 — A Resolution approving Entertainment Permit Case No. EP 2501 to allow for live musical and dance performers, DJs, dancing, karaoke, and stand-up comedy at an existing restaurant within the General Commercial (“C-G”) zone on real property commonly known as 14074 Woodruff Avenue;
Applicant: Agustin Fernandez-Saucedo.
DATE: August 11 , 2025
EXECUTIVE SUMMARY
An Entertainment Permit (“EP”) is requested by Agustin Fernandez-Saucedo (“Applicant”) for Chef Hornero Restaurant toatlowfor live musical and dance performers, DJs, dancing, karaoke, and stand-up comedy at 14074 Woodruff Avenue, located within the General Commercial (“C-G”) District. The requested EP is subject to Bellflower Municipal Code (“BMC”) Chapter 5.36 (Entertainment Regulations) and the conditions of approval.
RECOMMEflDATION TO CITY C(ENCIL
1) Open the public hearing, take testimonial and documentary evidence; and after considering the evidence, adopt Resolution No. 25-29; or 2) Alternatively, discuss and take other action related to this item.
FISCAL lMPACT
The Annual fee is $244 for an Entertainment Permit.
PUBLIC NOTICE
A Notice of Public Hearing was published in the Los Cerritos Community News newspaper on August 1, 2025. Public hearing notices were sent on July 31, 2025, to 160 property owners within a 300’ radius of the real property commonly known as 14074 Woodruff Avenue (the “Subject Property”) and posted at City Hall, Brakensiek Library, Bellflower Substation, Thompson Park, Simms Park, Caruthers Park, and the City’s website. A public hearing notice was also posted on the subject site on July 31, 2025. As of the writing of this staff report, the City has received no correspondences.
Staff Report — Entertainment Permit Case No. EP 25-01
August 1 1, 2025
CEQA STATUS
The City reviewed the environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines"). The activity contemplates issuing a permit for dance and entertainment within an existing structure and does not involve any physical changes to the environment. Accordingly, this activity is exempt from further review pursuant to CEQA Guidelines § 15301.
PROJECT DATA
Property Owner: Rosewood Assets LLC
Zoning Designation: “C-G" - General Commercial
General Plan Land Use .. n - Designation: C — Commercral Property Size: 143,643 square feet
Surrounding Zoning and Land Uses:
North S-F; Single-Family Residences
South C-G; Commercial Uses
West C-G; Commercial Uses & S-F; Religious Facility
East S-F; Single-Family
BACKGROUND
0 Dance & Entertainment Permits
BMC § 5.36.030 provides that persons who obtain an entertainment permit are not also required to obtain separate permits.
. Past Businesses, Approvals and Actions
Since July 1957, several restaurants and cocktail lounges have occupied the Subject Property. Since 1993, business licenses were issued to The Western Sports Saloon, Diamond Lil’s, Jams Sports Bar & Grill, and the current business, Chef Hornero Restaurant. Diamond Lil’s obtained a Type 47 alcohol license (On-Sale General — Eating Place), which was issued upon approval of Conditional Use Permit Case No. CU 00-28 on August 25, 2000. Certain conditions of approval were included (e.g., hours of operation) as part of granting CU 00-28. The current business has maintained the Type 47 alcohol license, and no new CUP is required.
Staff Report — Entertainment Permit Case No. EP 25-01
August 11, 2025
BACKGROUND — Continued
. Entertainment Uses
The following briefly explains the activities associated with the requested EP:
Live Musical and Dance Performers — There are no permanent musical groups and performers identified, and the Applicant is requesting flexibility regarding which groups and performers may be permitted at any given time. The specific instruments used, and the number of performers will vary based upon the specific group performing. The type of music and performers is intended to showcase cultural Latin American dance (Costumbrist), with typically six persons per group, and cannot exceed eight members per performance (Condition No. 19 of the proposed Resolution). Musicians will perform on the stage located on the northwest corner of the floor plan.
Dancing — The Applicant is requesting dancing be allowed while musical groups are performing, and/or while DJ‘s are playing recorded music. Dancing will be restricted to the “dancing area” at the east side of the stage.
DJ and Karaoke —- A permanent DJ booth is proposed to be located on the south side of the stage. The Applicant proposes having two individuals operate the karaoke equipment that will play recorded music for the purposes of allowing guests to sing along while lyrics are shown on the restaurant’s tv screens. The two operators will provide microphones to guests, who may sing from their table, or on stage. Dancing is requested during karaoke performances as well.
Stand-Up Comedy — On evenings when comedians are performing, they will be located on the stage and interact with the guests at their reserved tables. The Applicant is requesting flexibility in scheduling comedians as there are no specific nights that are identified for these performances at this time.
Sound Amplification Equipment— The proposed sound system for live entertainment will include two ceiling mounted speakers, and one portable speaker, two wireless and one wired microphone, and a DJ booth/stand for mixing and controlling the audio. The two ceiling mounted speakers are 15” 2000-watt, powered speakers that are located at the front of the stage and facing toward the dance area and dining area. The one portable speaker is an 18” 1200 watt, powered speaker and is placed on the floor to the left of the stage adjacent to the low wall between the stage and the dining area, and faces the dance area and dinning area.
_ It is the Applicant’s intention to conduct any of these entertainment types each night of the week, providing flexibility in scheduling as the demand for a specific type of entertainment warrants, without needing to modify the EP in the future. All entertainment will be conducted inside the existing restaurant and no cover charge will be required for entrance, which is included in the proposed Resolution as a recommended condition of approval (Condition No. 12).
Staff Report— Entertainment Permit Case No. EP 25-01
August 11, 2025
BACKGROUND — Continued
The Applicant represented that live entertainment draws additional customers to the restaurant creating a vibrant atmosphere and allows the establishment to stand out amongst other themed restaurants. Additionally, the owner of the property, Rosewood Assets LLC, has provided its approval of the proposed entertainment. 0 General Business & Operations
The Applicant first opened the restaurant’s doors in the spring of 2009, and serves varied types of Peruvian cuisine. In the past, Temporary Use Permits (“TUP”) were used to conduct the types of entertainment that is now being requested with this EP. And because the entertainment was deemed to be very successful and has been regularly requested by customers, the Applicant is now seeking approval of this EP to .allow for the entertainment to be conducted on a more regular basis.
The responsible persons operating Chef Hornero’s Peruvian Restaurant are the Applicant, who owns and operates the business as head chef; and his son, Eduar Fernandez-Trelles. Eduar is a chef, manager, and captain of the waiters, and is the alternate person for contact if emergencies arise and the Applicant is unavailable.
Both individuals have completed “Live Scans” and the results indicate that neither have been convicted of a misdemeanor or felony offence within the past five years.
As required by CU 00-28, condition of approval No. 30 of Resolution No. PC 00-53:
“Business hours of operation shall be restricted to 10 AM to midnight Sunday through Thursday and 10 AM through 2 AM Friday and Saturday.” According to the Applicant, the general hours of operation and the service of food and drinks are as follows:
General Hours
Sunday through Thursday: 11:00 am. to 12:00 am.
Friday and Saturday 11:00 am. to 2:00 am.
Food and Drink Service: 11:00 am. to 1:30 am.
(Friday — Saturday)
. Security Personnel and Security Plan
The Applicant is proposing to have three private uniformed security personnel located within the restaurant during entertainment. One of the three will be positioned at the main entrance, a second at the patio door, and the third in the dance/bar area. Security personnel will be stationed at each entrance during all days and times of the proposed entertainment. Security personnel will arrive one hour before any scheduled entertainment, and remain on duty for one hour after entertainment ends. A recommended condition of approval is included indicating that additional security guards may be required, per the Director of Public Safety, or designee (Condition No. 26).
Staff Report — Entertainment Permit Case No. EP 25-01
August 11, 2025
BACKGROUND — Continued
Security cameras are also utilized. There are four cameras located on the exterior of the restaurant, two at the southwest corner monitoring the patio and south elevation, and two at the southeast corner monitoring the primary entrance and the staff entrance. inside the restaurant ten cameras are located throughout the facility, including one in the guest waiting area, one in the office, one near the restrooms, and remaining spread throughout the dining/bar/stage and dance area. A recommended condition of approval is included requiring the security cameras to be in operation at all times and recordings to be stored for a minimum of 30 days (Condition No. 28).
0 Existing Site Conditions
The commercial center where the restaurant is located is at the northeast comer of Woodruff Avenue and Rosecrans Avenue. The center is comprised of inline shops that are oriented east/west at the north side of the site, a commercial pad located at the southwest corner of the site, and a second commercial pad located at the southeast corner of the site. Vehicular access to the site is made via six driveways. Four are located on Rosecrans Avenue along the south, one on Woodruff Avenue on the west, and one is located at the northeast portion of the site at Van Ruiten Street. Parking is provided for all tenants in a shared parking field that includes 144 parking spaces.
The restaurant occupies 2,912 square feet of the inline shop building and is situated at the northwest corner of the center adjacent to Woodruff Avenue. A diverse collection of other commercial businesses occupies the remainder of the inline shops including Dollar Tree, Allstate, a barber shop and other beauty parlors, a liquor store, and various other restaurants. The pad at the southwest corner is occupied by Jack in the Box restaurant, and the pad at the southeast corner is occupied by AutoZone. 0 Floor Plan Layout
The restaurant is a pie shaped space that is wider on the east side and narrows in width to the west. The eastern third of the building mostly contains the back of house functions that include the kitchen, office, storage and employee locker room. There is a staff/delivery only entrance door located at the southeast comer of the building that enters into the back of house area near the locker room. Deliveries are made on Fridays between 8:00 am. and 9:00 am. and utilize the staff door for entrance into the building.
The prima entrance is located at the south elevation of the building facin the-primary parking fled, and enters into a guest waiting area. This portion of the urlding also conttains guest restrooms. Call-in food orders are available and are picked up In the war mg area.
The western two-thirds of the building includes the front of house functions including the dining area with 29 tables, a bar with 7 seats, and an 85-square foot stage and 180-square foot dancing area. There is also a 250—square foot fenced area with direct access from the dining area on the west side of the building adjacent to Woodruff Avenue. The area is enclosed with tubular steel fencing over five feet in height and includes a gate connecting to the sidewalk along Woodruff Avenue that is unlocked during business hours and is only used as an emergency exit. The fenced area was constructed during the COVlD-19 pandemic and is current y not being utilized for any purpose.
Staff Report — Entertainment Permit Case No. EP 25-01
August 11, 2025
ANALYSIS
. Bellflower Municipal Code
BMC Chapter 5.36 regulates EPs. The City Council may issue an EP if the application was complete in accordance with the BMC Chapter 5.36, there are no grounds for denying the permit, and the Applicant accepts the permit approval or conditions of approval in writing.
- Proposed Hours of Entertainment
Pursuant to BMC § 5.36.130, no entertainment may be conducted between the hours of 2:00 am. and 6:00 am. of any day. The current business hours for the restaurant are 11:00 am. to 12:00 am. Sunday through Thursday, and 11:00 am. to 2:00 am. Fridays and Saturdays. Any changes to the business hours will require a modification to the existing CUP (Condition No. 2) and any changes to the hours of entertainment will require a modification to the EP ( Condition No. 3).
. Public Safety Comments
According to the Public Safety Director, there have been no calls for service received in the past two years and no current citations or open code enforcement actions on the property.
0 Other Recommended Conditions of Approval
The Director of Planning and Building Services (“Director") recommends approval of the EP with the understanding the Applicant will comply with all the Conditions outlined in the attached Resolution (Attachment A). The Director shared a copy of the proposed conditions of approval with the Applicant and who represented it is acceptable as proposed.
ATTACHMENTS
A. Resolution No. 25-29 ................................................................................................... 7 B. Entertainment Permit Application ............................................................................. 17 C. Urgency Ordinance #1434 ........................................................................ 20 C. Bellflower Municipal Code Chapter 5.36 .................................................................. 23 D. Aerial Photo .............................................................................................................. 40 E. Existing Photos ......................................................................................................... 41 F. Security Plan ............................................................................................................. 46 G. Plans ........................................................................................................................ 49
CITY OF BELLFLOWER
RESOLUTION NO. 25-29
A RESOLUTION APPROVING ENTERTAINMENT PERMIT CASE
NO. EP 25-01 TO ALLOW FOR LIVE MUSICAL AND DANCE
PERFORMERS, DJS, DANCING, KARAOKE, AND STAND-UP
COMEDY AT AN EXISTING RESTAURANT WITHIN THE
GENERAL COMMERCIAL (“C-G”) ZONE ON REAL PROPERTY
COMMONLY KNOWN AS 14074 WOODRUFF AVENUE;
APPLICANT: AGUSTIN FERNANDEZ-SAUCEDO
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and declares as follows:
A. On November 13, 2024, Agustin Fernandez-Saucedo (the “Applicant”) filed an Application for an Entertainment Permit (“EP”) to allow for live musical and dance performers, DJs, dancing, karaoke, and stand-up comedy at an existing restaurant within the General Commercial (C-G) Zone on real property commonly known as 14074 Woodruff Avenue. The application was initially deemed incomplete and on December 12, 2024, the Applicant submitted revised plans and associated documents, and the application was deemed complete on April 7, 2025;
The Application was reviewed by City for, in part, consistency with the General Plan and conformity with the Bellflower Municipal Code (“BMC”); Notice of Public Hearing before the City Council was duly given and published in the time, form, and manner as required by law;
. An environmental assessment was conducted for the Project in compliance with the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations §§ 15000, et seq., the “CEQA Guidelines"), and the City’s Environmental Guidelines;
The Planning Department completed its review and scheduled a public hearing regarding the Application before the City Council for July 14, 2025; On July 14, 2025, the City Council held a public hearing to receive public testimony and other evidence regarding the Application including, without limitation, information provided to the City Council by Applicant; and . The City Council considered the information provided by City staff, public testimony, and the Applicant. This Resolution, and its findings, are made based upon the evidence presented to the City Council at its July 14, 2025, hearing including, without limitation, the staff report.
City of Bellflower
Resolution No. 25-29
SECTION 2. Factual Findings and Conclusions. The City Council finds as follows:
A. As conditioned, the conduct of the establishment or the granting of the Application would not be contrary to the public health, safety, or welfare because the subject site is an existing restaurant within the C-G zone that is consistent and compatible with the existing surrounding commercial uses; and B. The application was deemed complete in accordance with BMC Chapter 5.36 and as conditioned, there are no grounds for denying the permit.
SECTION 3. Environmental Assessment. Based on the facts identified in Section 2 of this Resolution, the proposed project is exempt from the requirements of CEQA because it is categorically exempt under the CEQA Guidelines Section 15301 (a Class 1 Categorical Exemption for Existing Facilities).
SECTION 4. Notice of Exemption. The City Manager, or designee, is directed to file a Notice of Exemption in accordance with CEQA Guidelines § 15062 and any other applicable law.
SECTION 5. General Plan Findings. The City Council finds the following facts exist:
A. That the proposed entertainment use is harmonious with the proposed General Plan Land Use designation and is consistent with the following goals and policies of the General Plan — Land Use Element:
(1) General Policy 2.2, to “Provide commercial facilities to meet the retail and service needs of the community”; and
(2) General Policy 2.4. to “Promote recreational, cultural, entertainment, and employment opportunities to meet the needs of the community" SECTION 6. Approval. Subject to the Conditions listed on the attached “Exhibit A" and the conditions set forth in BMC §§ 5.36.190 and 5.36.200, which are incorporated into this Resolution by reference, the City Council approves the Entertainment Permit.
SECTION 7. Reliance On Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
City of Bellflower
Resolution No. 25-29
SECTION 8. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City’s ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 9. Preservation. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Resolution's effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 10. Severability. If any part of this Resolution 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 Resolution are severable.
SECTION 11. This Resolution will remain effective until superseded by a subsequent resolution.
SECTION 12. The City Clerk Is directed to mail a copy of this Resolution to the Applicant and to any other person requesting a copy.
SECTION 13. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 14. This Resolution is the City Council's final decision and will become effective immediately upon adoption. Any challenge brought to this resolution must be filed within 90 days pursuant to Code of Civil Procedure § 1094.6.
City of Bellflower
Resolution No. 25-29
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 11th DAY OF AUGUST 2025.
Ray Dunton, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
By:
Justin A. Tamayo, Assistant City Attorney
ATTACHMENT
Exhibit A - Conditions of Approval
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RESOLUTION NO. 25-29 -— EXHIBIT A
CONDITIONS OF APPROVAL
OF ENTERTAINMENT PERMIT CASE NO. EP 25-01
In addition to all applicable provisions of the Bellflower Municipal Code (“BMC”), including without limitation, BMC § § 5.36.190 and 5.36.200, Agustin Fernandez-Saucedo (“Permittee”) agrees to comply with the following conditions for the City of Bellflower’s approval of Entertainment Permit Case No. EP 25-01 (“Conditions").
1. The Permittee must obtain and maintain all licenses required by the Alcohol Beverage Control Act (Business & Professions Code §§ 23300, et seq.). The Permittee must maintain a Type 47 license as provided in a separately approved Conditional Use Permit (CU 00-28) issued in accordance with the BMC.
Hours of operation are restricted to 10:00 am. to 12:00 am. Sunday through Thursday and 10:00 am. to 2:00 am. Friday and Saturday, and any changes will require the Permittee to apply for an amendment to the existing CUP (CU 00-28). . Hours for entertainment are limited to the following days and times, and any changes will require the Permittee to apply for an amendment to the Entertainment Permit modification:
Entertainment hours:
Sunday through Thursday 6:00 pm. to 12:00 am.
Friday and Saturday 6:00 pm. to 2:00 am.
Only the Permittee or General Manager can book and coordinate all events and entertainment for the business. Entertainment cannot be booked by, or subleased to, “outside promoters." “Outside promoters” do not include an advertising agency that designs or places advertising for the business.
The Permittee may seek a Temporary Use Permit in accordance with the BMC for four events in a calendar year outside the scope of restrictions in these Conditions (e.g., New Year’s Eve Party). Under such circumstances, the Permittee must (in addition to any other requirements in the BMC) submit an event plan including, without limitation, security, time, and types of entertainment, to the Public Safety Director for written approval. The plan must be submitted at least 15 days before the planned temporary event. Events involving “go-go dancers” (professional or amateur), wet t—shirt contests, or any other similar activities are prohibited.
The project must substantially conform to the submitted plans date-stamped March 18, 2025, except as modified by these Conditions. Live entertainment is restricted to the designated area of the restaurant, per those plans. Future modifications that are not in substantial conformance, as determined by the Planning Director or designee (the “Director”); require modification of this approval subject to the provisions of the BMC.
The Permittee must obtain Director approval, in accordance with the BMC, for all permanent and temporary signage plans. This includes, without limitation, any exterior window signage, wall signs, A—Frame signs, and banners.
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City of Bellflower
Resolution No. 25-29 - ExhibitA
8. The Permittee must remove all abandoned signage associated with the establishment.
9. Ther Permittee must legalize or remove the unpermitted fencing surrounding the patio area.
10.The use of blinking lights, flashing lights, strobe lights, cannon lights, or any signs that advertise alcohol sales (e.g., promotional signage for brands of alcoholic beverages) which are visible from the exterior of the building is prohibited.
11.The Permittee must obtain written approval from the City for any changes or alterations in the proposed entertainment format content set forth in the Permittee’s Entertainment Plan date—stamped March 18, 2025. A full food menu must be provided during all business and entertainment hours. This menu must include regular dinner/lunch/brunch and late night menu lists. The menu must include the days and times of service.
12. No admission fee or cover charge can be charged for entrance, and no minimum drink order can be required.
13.Access for patrons must only be made through the primary entrance door located on the south building elevation that faces the parking area. There must be no access for patrons made through the gated patio adjacent to the sidewalk along Woodruff Avenue, nor through the staff-only entrance located at the southeast corner of the facility.
14. The Permittee must sign and have notarized an affidavit acknowledging acceptance of the conditions of approval, which must be returned to the City within 5 days of the effective date of this approval.
15.A copy of the Conditions of Approval for Entertainment'Permit Case No. EP 25-01 must be kept on the premises of the establishment and presented to any authorized City Official upon request.
16. The Permittee must comply with all applicable laws pertaining to entertainment, building and safety, and fire safety not otherwise addressed in this Entertainment Permit.
17.This Entertainment Permit may be suspended or revoked if any person owning or managing the business is convicted, orfound to have been convicted within seven years before this permit was approved, of any criminal 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 turpitude, 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 are of the kind or nature reasonably related to the operation of the proposed entertainment under the proposed permit and such conviction or
City of Bellflower
Resolution No. 25-29 - ExhibitA
convictions reasonably show a clear and present danger that the proposed use of the Entertainment Permit by the Permittee will result in violations of the law.
18. Entertainment cannot be audible from the exterior of the premises. All doors and windows must be kept closed during the hours when live entertainment is offered, except for ingress and egress. lf warranted, the Director may require the Permittee to provide a soundproofing mechanism, or equivalent method, to address noise.
19. Entertainment performances cannot exceed eight members per performance.
20.The establishment must be maintained neat and clean at all times. The Permittee is responsible for maintaining the business and immediate adjacent grounds of the property free of litter and graffiti. The Permittee must remove any debris or graffiti within 24 hours upon notification by the City.
21.The business must maintain an unobstructed view of the interior of the business from Woodruff Avenue. All existing window/door tinting must be removed. No window/door coverings may be installed which prevent visibility of the interior of the tenant space from outside the premises.
22.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.
23.All violations of applicable law including, without limitation, these Entertainment Permit conditions, must be reported to the Los Angeles County Sheriff’s Department, Lakewood Station. Neither the Permittee, nor any of the Permittee’s employees or representatives, may perform “self-help” or other law enforcement activities.
24. The Permittee, its employees and representatives including, without limitation, private security retained by the Permittee, must fully cooperate with lawful directions of public officials including law enforcement. Permittee must grant free access to the business, including access to any locked or otherwise secured rooms, and to public officials exercising their lawful duties during posted business hours.
25.Security personnel are responsible for monitoring the safety and security of the interior and exterior of the building.
26. Private security personnel must be provided at all times when live entertainment is proposed, one hour prior and one hour after the entertainment hours to ensure that patrons are cleared out of the subject property, parking lot area, adjacent properties, adjacent right-of-ways, and managing crowd control. Additional security guards may be required at the direction of the Public Safety Director or designee.
City of Bellflower
Resolution No. 25-29 - Exhibit A
27.The Permittee must provide the Director of Public Safety, or designee, and the Los Angeles County Sheriff’s Department a copy of its contract with a licensed private security company. The contract and a security plan must be approved by the Director of Public Safety and the Los Angeles County Sheriff‘s Department.
28.The establishment must have security cameras operating during all hours that the business is open. All cameras must record onto a media device or digital storage.
The recordings of the security cameras must be maintained for a minimum period of 30 days, and the recordings must be made immediately available for any law enforcement officer who is making the request as a result of official law enforcement business. The cameras must be located to cover the main areas that are accessible to the public, all areas of the cash register/cashier and all areas where cash is stored. If the Director of Public Safety, or designee, determines that there is a necessity to have more security cameras installed, the manager/owner of the business must comply with the request within seven days. The Director of Public Safety, or designee, can also require the position of the cameras to be changed if it is determined that the position of the camera does not meet security needs. The manager/owner of the business must comply with the request within seven days. The picture quality of the video cameras and recording devices installed on the subject property must meet the approval of the Director of Public Safety, or designee.
29.The Permittee of the premises must maintain with the City a current register of the names and addresses of any and all persons having management and/or control of the business as approved by the Director of Public Safety, or designee, and the Los Angeles County Sheriff’s Department.
30. During business hours, all persons employed by the Permittee must possess valid government identification such as a California driver’s license. Employees must present such identification upon demand of any regulatory official.
31.A manager must be present on the premises during business hours. That person must be familiar with all applicable laws regulating the business including, without limitation, this Entertainment Permit. Such person must meet the following minimum qualifications:
a. Be at least 21 years of age;
b. Be able to communicate effectively; and
c. Have the ability to immediately contact the owner.
32.The sale of alcoholic beverages for consumption outside or off the premises is prohibited, unless specifically allowed with a special permit. 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.
33. The Permittee must post a sign in a clear and conspicuous location listing a phone number at which a responsible party may be contacted during the entertainment hours of the establishment to address any concerns of the community regarding
City of Bellflower
Resolution No. 25-29 - Exhibit A
noise at the establishment. Said contact's name and phone number must also be available through the establishment staff at all times.
34.The Permittee 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.
35.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.
36.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.
37. Any and all employees hired to sell alcoholic beverages must provide evidence that they have either:
A. 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 B. 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 city council' s decision that a date certain has been scheduled within the local ABC Office to complete the LEAD course.
C. Within 30 days of taking said course, the employees, or responsible employer must deiiver each required certificate showing completion to the Sheriffs Department.
38. If complaints are received regarding excessive noise, lighting, building access, or disturbances associated with the operation of the restaurant, the City may, in its discretion, take action to review the Entertainment Permit and Conditional Use Permit including, without limitation, adding conditions or revoking the permit.
39.Three or more violations of applicable law, including, without limitation, these conditions within a one-year period (as calculated starting on the Entertainment Permit approval date and every anniversary date thereafter) may result in the City commencing revocation of this Entertainment Permit.
40.The business must be equipped with an alarm system that covers break-ins and robberies. The alarm must be monitored by an alarm monitoring company who will -15-
City of Bellflower
Resolution No. 25-29 - Exhibit A
notify the Los Angeles County Sheriff’s Department of any break-ins or robberies.
Employees must have access to a hidden button that will trigger a silent alarm, notifying the alarm monitoring company that a robbery is taking place.
41. Permittee must reimburse the City for all attorneys’ fees expended by the City that are directly related to the processing of this project. The City will not issue a Certificate of Occupancy or other final occupancy approval until all attorneys’ fees are paid by the Permittee.
42.Permittee agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising from the City’s approval of Entertainment Permit Case No. EP 25-01. Should the City be named in any suit, or should any claim be brought against it by suit or othenrvise, whether the same be groundless or not, arising out of the City approval of Entertainment Permit Case No. EP 25-01, Permittee agrees to defend the City (at the City’s request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “the City” includes the City of Bellflower’s elected officials, appointed officials, officers, and employees.
By signing this document, the Permittee certifies that they have read, understood, and agree to the Project Conditions listed in this document.
Agustin Fernandez-Saucedo
Permittee
{If Corporation or similar entity, need two officer signatures or evidence that one signature binds the company}
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APPLICATION FOR AMUSEMENT, DANCES & ENTERTAINMENT {BMC 5.38) BMC 5.36,i310(a) No person shall operate, conduct or manage any public piece where food or beverages are sold, offered for sale or given away, and where any form of entertainment is praisded a“ furnished “without first obtaining a permit se to do as hereinafter provided for in this se --on.
. Please select permit type:
DDan‘ce [Entertainment Both
Business pram CHEF H‘ORNERO RESTAURANT, mc. phone; (562) 867-1896 _ Business Address; 14074 WOODRUFF AVE. BELLFLOWER. CA 90706 I Norma; ,Ddlys and Hours of Operation; MONDAY THRU SUNDAY (11:00 AM THRU 02:00 AM) Nature and Type of Current Business: PERUViAN RESTAURANT - LOUNGE - BAR l
. Dam; and! or Entertainment information:
Physical L cation of Entertainment on the premises: MNN SALON V Daysartd . ours of Dance and! or Entertainment: MONDAY THRU SUNDAY (6:90 PM THRU 2500 AM) \ Admissiori Fee: NONE
Detailed description. at proposed Entertainment (Type of entertainment, number of person engaged in entertainment, etc):
KARAOK E, STAND UP COMEDY, LIVE ENTERTAiNMENT (BANDS) - DANCE NUMBER OF PERSON ENGAGED DEPENDS OF THE KiND OF EVENT.
Will Alcohbi be Served? DNo .Yes — License Type a No: 41 - Applicant information:
Applicant FERNANDEZ SAUCEDO, AGUSTlN Phone; (562) 206—4592 Street Address *; 14074 WOODRU FF AVE.
City: ,BE LLFLOWER y _ State: CA Zip: 90706
Social Security No: N/A Citizenship: PERUVIAN
Drivers License No. Sex Hair ‘ Eves Height Weight
Y22878 96 M BROWN BROWN 5' 6" , 186 LB
P. 0. BOX is not permissible
Have you ever been convicted of any crime as a result of an arrest, citation or criminal? complaint (Do not include traffic infractions)? include any convictions expunged v‘ 4 PC.
DYes l2} No
if yes, please explain in detail:
16600 Civic Center Drive * Bellflower, CA 90706" 562] 804-1424
l ' ' City or Beliflower
Appiication for Amusement, Dances & Entertainment
0 Ow er nformation:
Owner Na 6 FERNANDEZ SAUCEDO, AGUSTIN Fathom2 (562) 205.4592 Address: 14074 WOODRUFF AVE. BELLFLOWER, CA 90706
Federal lD Number: 27-2332688
State of incorporation: 93243299
State to Number: 27-2332688 l
Type of Entity:
iCorporatlion DCorp- Ltd. Liability DSole Proprietor
' DPattnership D Limited Partnership E] Ltd Liability Partnership EIOther:
i
if applicant is a Corporation, please include a copy of Articles of incorporation and names and residence addresses at each of the officers, directors, and each stockholder owning not less than twenty~five (25) percent of the stock of the corporation. if the applicant is a partnership, please ineitide a listing of the name and residence addresses of each of the partners, including limited partners. In the event any partner, limited or general, is a corporation, the applicant shall comply with the provisions set forth above and provide the information relating to corporate applicants ’
o Namefsi of the Persianis) having the management or sungision of Applicant’s business and of any entertainment:
i
1;, Employee: FERNANDEZ TRELLES. EDUAR Tifle/ Position; MANAGER Street Address *; 3.537 'MF’ERW— HWY, Phone: (562) 991f7201 City: ‘DOWNEY . State: Zip: CA‘90242
Social ecurity No: N/A Date of Birth: 12-1 8‘1 990. _
Drivers License No. sex Hair Eyes Height Weight
vweezol M BLACK BROWN 5' 4" 140 L8
* P. O. Box; is not permissible
1 Employment Duties/ Authority: CHEF, MANAGER 8. CAPT/UN OF WAlTERS Have you ever been convicted of any crime as a result of an arrest, citation or criminal ccmplaint (Do not include traffic infractions)? include any convictions expunged via 1203.4 PC. [:1 Yes {X} No
if yes pie 5e explain in detail:
16600 Civic Center Drive * Beliflower, CA 80706* 582/ 804-1424 ‘ -18-
City of Be lfiower . Applicatic for Amusement, Dances & Entertainment
2. Employ e: W Title] Position: .
Street Add. 55 *: Phone:
City: State: Zip: V
Social Security No: Date of Birth:
Drivers License No. Sex Hair Eyes Height Weight
* PO. Box is not pennissrble
Employme t Duties/ Authority:
Have you ver been convicted of any crime as a result of an arrest, citation or criminal complaifit] Do not indigo traffic. infractions)? include any convictions expunged via 1203.4 PC. es No
if yes, pie se explain in detail:
3‘ Emplo , e: N/A V . V T itlel Position:
StreetA ss *: V Phone:
City: 7 State: , Zip:
Social Sec‘Lrity No: Date of Birth: _
Drivers Li ‘ use No. sex Hair Eyes Height Weight
* P. O. Box is not permissible
Employment Duties/ Authority:
Have you ver been convicted of any crime as a result of an arrest, citation or criminal complaint Do not inclifiefltraffic infractions)? include any convictions expunged via 1203.4 PC. as o If yes. please explain in detail:
*Additionzhl information Required to be submitted with application:
DPlot pie: 5 (Interior floor plan and exterior including parking layout).
DAddres labels of all property owners within three hundred (300) feet. ?
FER NDEZ SAUCEDO,AGUSTIN . 6 ”a? '7}! ' Applicant '(iPlease Print) Date - Applicant $ignature
l *Dance & Entertainment Permit Application Fee (non-refundable) l *Fingerprinting Fee (and nan-refundable)
i For lntemal Use:
Date Received: By:
Receipt #:l .y Amount:
Hearing te: _ BL#:
16600 Civic Center Drive * Beltflower, CA 30706 * 562! 804-1424 19
CITY OF BELLFLOWER
URGENCY ORDINANCE NO. 1434
AN URGENCY ORDINANCE AMENDING BELLFLOWER MUNICIPAL
CODE CHAPTER 5.36 RELATED TO ENTERTAINMENT PERMITS
THE CITY COUNCIL DOES ORDAiN AS FOLLOWS:
SECTION 1: Findings. The City Council finds, determines and declares as follows:
A. Bel-Iflower 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 thatthe BMC should be updated to protect’public health and safety.
On August 12 20-24, the City Council adopted Urgency Ordinance No 1433 establishing a temporary (45 day) moratorium on issuing entertainment permits to consider adopting revised entertainment permit regulations.
On August 12, 2024, draft entertainment permit regulations were provided to the City Council to consider.
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.
Based on the foregoing, the City finds thatthat 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.
Because of the findings set forth above, the City Council finds that this Ordinance should be adopted on an urgency basis to preserve the public health, safety, and welfare in accordance with Government Code. §§ 36934 and 36937(b).
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City of Bellflower
Ordinance No. 1434
SECTION 2: 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 3: Amendment; Chapter 5.36. BMC Chapter 5.36 is amended in its entirety as set forth in. Exhibit “A," which is incorporated by reference.
SECTtON 4: 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 impiemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 5: Enforceability. 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’ 5 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.
SECTION 6: 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 7: Reliance on Record. Each 'and every finding and determination in this Ordinance is based on the competent and substantial evidence. both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole; SECTION 8: Severabflity. 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 Bellflower'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. -21-
City of Beliflower
Ordinance No. 1434
SECTION 10. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated In all respects as having the same effect as an original signature.
SECTION 11: Effective Date. This Ordinance will become effective immediately upon adoption pursuant to Government Code §§ 36934 and 36937 for the immediate preservation of the public peace, health, safety, and welfare. Pursuant to those statutes this Ordinance is adopted by fourth-fifths vote of the City Council.
ORDINANCE NO. 1434 WAS DULY PASSED, APPROVED, AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING ’ OF AUGUST 26, 2024, AS AN URGENCY ORDINANCE.
@14w
Dan Koops, wMayo/
ATTEST:
Karl H. gerger, City Att ney
ATTACHMENT:
Exhibit A — Chapter 5.36 Entertainment Regulations
Exhibit A
CHAPTER 5.36
ENTERTAINMENT REGULATIONS
5.36.000 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.
5.36.010 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, 9.9., 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); assaultwith 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.
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Chapter 5.36
Entertainment Regulations
"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 normaliy 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.
5.36.020 Applicability.-
Thts chapter applies .to establishments in the city seeking to provide entertainment.
5.36.030 ' One-Stop Permitting.
Persons who obtain a permit pursuant to this chapter are not also required to obtain separate permit-s.
5.36.040 Administration by Director.
Except as otherwise provided, the director will receive applications, modify, suspend or revoke permits, and otherwise implement this chapter according to the procedures set forth below.
5.36.050 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.
5.36.060 Exemptions from the permit requirement.
These types of entertainment are exempt from the permitting requirement of this chapter:
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Chapter 5.36
Entertainment Regulations
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 ofa 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;
1. 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 either a solo musician (e.g., a piano player, harpist, strolling violinist, or guitarist), or a duet (e.g., dueling piano players or a singer and 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:
Chapter 5.36
Entertainment Regulations
1. “Bingo" regulated under Chapter 5.68.
5.36.070 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 permittee 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;
Permits cannot be transferred or assigned;
No property rights are conferred to the permittee;
An annual permit may be issued for continuing entertainment at a certain location in accordance with this chapter;
There is no right of renewal; and
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.
5.36.080 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.
5.36.90 Application for Permit.
A.
B.
Permit applications must be filed by a natural person.
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, -25-
Chapter 5.36
Entertainme
10. 11.
12. 13.
14. 15.
nt Regulations
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;
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;
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;
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.
The nature of the entertainment;
if any admission or cover change is proposed;
A description of any sound amplification equipment to be employed during the entertainment;
The proposed date and estimated starting and ending time of the entertainment;
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 owns-Ms) of the business or other entity operating the entertainment establishment; and
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; The estimated number of participants in the entertainment; The proposed security arrangements for the safety and control of patrons;
Parking requirements for the entertainment; and
Such other information as may be required.
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Chapter 5.36
Entertainment Regulations
5.36.100 Completed Applications.
An application is complete when all the requirements of section 5.36.090 are satisfied, including the return of all livescan results from the Department of Justice. ,
5.36.110 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.
8. 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.
5.36.120 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.
8. 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.
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Chapter 5.36
Entertainment Regulations
5.36.130 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 where the business or entertainment is to be conducted. 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 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. Failure to pay such costs by the applicant renders the application withdrawn.
5.36.140 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.
5.36.150 Granting or Denying the Application.
At the conclusion of the hearing before the city council, the city council must grant or deny the application.
5.36.160 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 city council to protect . public, safety or welfare.
5.36.170 Permit Denial.
A. A permit may be denied for the following reasons:
Chapter 5.36
Entertainment Regulations
1. The application is incomplete;
2. The applicant failed to provide reasonable supplemental application information requested by the director;
3. information 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.
6. 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.
7. 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.
8. The application seeks authorization for entertainment that is prohibited by this code or unlawful under any other local, state, or federal law. .
9. The applicant owes the City of Bellflower any fee authorized by this code or an administrative. penalty for violationof a provision of this chapter or a condition of an entertainment permit issued pursuant to this chapter.
10. Issuing the permit would endanger public health. safety, or welfare as determined by the city council.
B. Where the city council does not approve a permit, the city council will inform the applicant of the reason(s) for the denial in writing.
5.36.180 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 dateof denial. -30-
Chapter 5.36
Entertainment Regulations
5.36.190 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 perrnittee remains unchanged.
Should a permit expire, the permittee must comply with this chapter to - obtain a new permit.
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.
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 Vll‘." 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 net less than $1,000,000.
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 providing entertainment unless the director for good cause waives the filing deadfine.
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 perrnittee to give such notice will not invalidate a permit.
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 ist.
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Chapter 5.36
Entertainment Regulations
Page to OHS
G. A responsible person must be present in the entertainment establishment during all hours that the entertainment establishment is open and offering entertainment.
Responsible persons must allow authorized law enforcement officers to enter onto entertainment establishments to ensure compliance with this chapter during business hours. .
5.36.200 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.
The sale of alcoholic beverages for consumption outside or off the premises is prohibited, unless specifically allowed with a special permit.
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
The applicant must obtain and maintain all licenses required by the Alcohol Beverage Control Act (Business & Professions Code §§ 23300, et seq.) The applicant must post a sign in a clear and conspicuous location iisting 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.
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.
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. lnterior displays of alcoholic beverages which are clearly visible to public view from the exterior constitute a violation of this condition.
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. , -32-
Chapter 5.36
Entertainment Regulations
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
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 Sheriffs Department within 15 days of the city council’s decision that a date certain has been scheduled within the local ABC Office to complete the LEAD course.
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 establishment, the director may, in its discretion, take action to review the entertainment permit including, without limitation, adding conditions or revoking the permit.
5.36.210 Special Permit Conditions.
A. Grounds for Special Permit Conditions. The city council" may condition a permit with reasonable requirements to protect public health, safety, and welfare.
B. Conditions may include, without limitation, the following:
1. 2.
Accommodating pedestrian and vehicular traffic;
Use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of entertainment; and -
Obtaining of any and all business licenses required by this code for the sale of food, beverage or other goods or services.
-33-
Chapter 5.36
Entertainment Regulations
C. The city council 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 condition-s placed on the permit to protect minors from alcohol and unlawful activity.
D. An applicant for a permit may request, and the city council may approve, extended operating hours that will be applicable to the permitted entertainment establishment. The extended operating hours approved by the city council, 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:
i. 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 "SECURlTY" 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 capitai‘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 outermost garment with the required information meeting the above specifications and located at chest level.
5.36.220 Subsequent Conditions.
The city council may condition previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable. -34-
Chapter 5.36
Entertainment Regulations
5.36.230 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, littering, and trespassing, 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
Each responsible person must use reasonable efforts to cause the orderly dispersal of individuals from the vicinity of the entertainmentestablishment 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.
5.36.240 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.
5.36.250 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.
if a ”permittee fails to give the directortimely written notice of a change in the information contained in the application, the director may charge the permittee an additional administrative fee.
5.36.260 Permit Modification, Suspensidn, 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.
The director may modify, suspend, ,or revoke a permit when the permittee 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. -35-
Chapter 5.36
Entertainment Regulations
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.
5.36.270 - 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.
5.36.280 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 otherwise provided, written notification to a permitteelappiicant of a permit decision will state with particularity the basis for such decision.
5.36.290 Administrative Review.
A. Except as otherwise 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 business 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:
i. 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;
3. A brief description of all grounds for making the request; and
4. Such other information as may be required by the director. -35-
Chapter 5.36
Entertainment Regulations
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.
Upon receiving a request for review from the director, the city manager will review the request and, within 10 business days of receiving the request notice, provide the appellant with a written notification that:
1. The director's decision is affirmed;
2. The director's decision is modified; or
3. The director’s decision is reversed and a permit is issued or issued without special conditions.
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. in addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the director’s decision.
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.
5.36.300 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 additionto any other criminal or civil remedies.
5.36.310 Administrative Fines.
A. in addition to any other enfbrcerne‘nt remedy, administrative citations may be issued to any responsible person for violations of this chapter.
An administrative citation issued for a violation of this chapter may be appealed in accordance with this code.
5.36. 320 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. Enjolned as unfair business practices that are presumed to nominally damage each and every resident of the community. -37-
Chapter 5.36 ,
Entertainment Regulations
B. Any person acting for the interests of itself, its members, or thelgen'eral public may bring an action for injunctive relief to prevent future Violations or to recover actual damages.
5.36.330 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 cffines. penalties, forfeitures, and other money accruing to the City under this chapter.
8. 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‘co'urt will also award the city its actual costs, including, without limitation, reasonable attorneys‘ fees incurred by the city in such judicial proceeding. -33-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) 85
CITY OF BELLFLOWER - )
l, Mayra Ochiqui, City Clerk of the City of Bellflower, California, do hereby certify under penalty of perjury that:
Urgency Ordinance No. 1434 was duly passed. approved. and adopted by the City Council of the City of Bellflower at its Regular Meeting of August 26, 2024, by the following vote to wit:
AYES: Council Members — Dunton, Morse. Sanchez, Santa Ines, and Mayor Koops
Dated: August 27, 2024
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City ofB Ilflower, Californ _'
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SECURITY PLAN
The ”CHEF HORNERO” establishment will have a great security plan to provide you with the required comfort on event days at our establishment.
SECURITY MEASURES:
We will have 3 properly uniformed people in charge of security who will be located at:
1. MAIN DOOR
2. SECONDARY DOOR (PATIO)
3. DANCE AREA AND BAR
Who will be located half an hour before each scheduled event and will finish their work half an hour after the event has ended.
We have 14 security cameras throughout the establishment, - 4 cameras- Located outside
0 10 cameras- Located inside (distributed at strategic points) which will make security better complemented.
To provide the required security — the security staff who will be located at the doors of the establishment will carry out an exhaustive control of each person who enters and leaves the establishment.
Guarantee the safety of the people who will enjoy the event as well as the staff of the establishment who will try to give you the best experience. -45-
Bellflower, California March 9, 2025
A: City of Bellflower.
Attention: Dan Koops, Mayor Dear Mayor.
My name is Agustin Fernandez Saucedo, I am the owner of the Peruvian restaurant "Chef Hornero" located at 14074 Woodruff Avenue. And I would like to introduce myself as a citizen of the City of Bellflower.
I had the privilege of starting my business career in this prestigious city of Bellflower in 2008 with the first Peruvian restaurant, "Chef Hornero" located at 14223 Bellflower Avenue, City of. Bellflower, CA 90706; and thanks to our hard work, we were able to develop and reach a huge demand, which forced us to move to a larger facility, and since 2011 we are in our current location.
During these 14 years we have been able to demonstrate our business integrity and social commitment, fully complying with all the legal standards and requirements regarding both quality and health required by the city of Bellflower.
Unfortunately for us and the rest of the world, we have been greatly affected by this unfortunate pandemic, but we continue to move forward and we want to give ourselves another opportunity to be a successful company that helps our fellow citizens get out of this crisis.
This is why we have a project to grow as a business and generate more jobs.
As you know, our current schedule as a restaurant is Monday through Sunday from 11:00 AM to 8:00 PM.
Our project is to increase the services we provide to our customers by acquiring an entertainment license that will allow us to add traditional dances, karaoke nights, live performances (musical group), DJ—music, stand—up comedy.
This allows us to work from (6:00 pm to 2:00 am), creating extra jobs both in the restaurant and in our bar.
Events held from 6:00 pm to 2:00 am will be held with doors and windows closed to prevent sound from spreading outside the establishment. Considering that we are located on a corner which has:
Right: Woodruff Avenue,
Left: All State insurance (business hours: 9:00 am — 6:00 pm) In front: Parking lot
In back: Wall and insulation completely closed to the establishment.
REFERENCE: This place was previously acquired as an entertainment venue. .47-
Entertainment services will be based on:
COSTOMBRIST DANCES:
Presentau’on of typical dances and costombrist dances from all over Latin America — etc.
Which will have its musical group with musical instruments from each country which will be located on the stage. (6 people per musical group)
KARAOKE NlGHTS:
During Karaoke, the person who plays the songs will be located on the stage (2 people per karaoke night) will provide up to 2 microphones, however, some customers bring their own microphones. Videos of the karaoke songs will be shown on the restaurant's televisions. We cannot force customers to sing in a particular place, some customers like to sing on stage and other customers like to sing at their tables.
In addition to this detailed explanation, some customers like to dance to the singers, especially when they sing tropical and Latin songs.
MUSlC GROUPS:
During music days, the music group will be located on stage (6 people per music group). Customers will be able to dance in the area designated for dancing and return to their reserved tables.
DJ MUSlC:
During DJ music days, the DJ will be located on stage (2 people per DJ music), Customers will be able to dance in the designated area and return to their reserved tables.
STAND UP COMEDY:
During Stand Up comedy days, the person will be located on stage, Customers will be able to interact from their reserved tables.
Food and drink service hours will be modified to the following times:
0 Drinks: 11:00 am- 1:30 am
0 Food: 11:00 am - 1:30 am
I appreciate your consideration in advance and i hope to count on your support for this new effort.
Sincerely,
Agustin Fernandez Saucedo
"Chef Hornero Restaurant“
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