HomeMy WebLinkAbout97-12 - Amending Sections 5.28.010, 5.28.035, 5.28.040 and 5.28.090 of Chapter 5.28, of the Newport Beach Municipal Code, Pertaining to Live Entertainment Establishments•
ORDINANCE NO. 97 -12
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING
SECTIONS 5.28.010, 5.28.035, 5.28.040 AND
5.28.090 OF CHAPTER 5.28, OF THE NEWPORT
BEACH MUNICIPAL CODE, PERTAINING TO LIVE
ENTERTAINMENT ESTABLISHMENTS
The City Council of the City of Newport Beach does hereby ordain that specific
Sections of the Newport Beach Municipal Code concerning live entertainment
establishments are amended by removing that which is shown in strike -out and /or
adding that which is underlined in order to read as follows:
SECTION 1: Section 5.28.010 is hereby amended to read as follows:
5.28.010 Definitions.
Certain words or phrases used in this chapter are defined as follows:
A. "Entertainment" means any act, play, burlesque show, revue, pantomime,
• cabaret, fashion or style show, scene, dance, song, song and dance act, or
instrumental music participated in by one or more employees, guests, customers or any
other person or persons.
1. The following is included in the term "entertainment ": The presence of any
performer, dancer, employee, agent, model or other person in any place of
entertainment who engages in any specified sexual activity (as that term is defined in
Section 5.96.010 of this Code) not otherwise prohibited by local, State or Federal law,
who exposes any specified anatomical part (as that term is defined in Section 5.96. 010)
not otherwise prohibited by local, State or Federal law, or who performs in attire
commonly referred to as pasties or a G- string, or any other opaque covering which
does not expose the areola or nipples of the female breast, and while covering the natal
cleft and pubic area covers less than one inch on either side of the entire length of the
natal cleft and two inches across the pubic area.
B. "Place of entertainment" means any business establishment or concern
open to members of the public, with or without charge, in which entertainment is offered
or performed.
C. "Owner" or "permit holder" or "permittee" means any of the following:
• 1. A sole proprietor or individual(s) who own or operate a place of
entertainment;
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2. All general partners of a partnership which owns or operates a place of
• entertainment;
3. All persons who hold a controlling interest in a corporation, or other limited
liability entity which owns or operates a place of entertainment.
D. "City Manager" shall mean the City Manager for the City of Newport
Beach or his or her designee.
E. "Individual viewing areas" shall mean viewing areas such as booths,
cubicles, rooms or stalls where live entertainment is performed and which are less than
one hundred fifty (150) square feet of floor space.
F. "Permit" shall mean any permit issued pursuant to this chapter. (Ord. 96 -5
§ 1, 1996: Ord. 95 -17 § 2 (part), 1995)
SECTION 2: Section 5.28.035 is hereby amended to read as follows:
5.28.035 Application Requirements.
The following information shall be submitted to the City Manager by the owner at
• the time of applying for a permit:
A. A description of all proposed entertainment business activities and
anticipated occupancy;
B. A site plan describing the building and /or unit proposed for the
entertainment establishment and a fully dimensioned interior floor plan;
C. The application shall contain the following information:
1. The owner's name, residence street address, and mailing address, if
different, and California drivers license number and any and all aliases,
2. The name under which the entertainment enterprise is to be operated,
3. The telephone number of the enterprise and the address and legal
description of the parcel of land on which the enterprise is located, and
4. The date on which the owner acquired the enterprise for which the permit
is sought, and the date on which the enterprise began or will begin
• operations at the location for which the permit is sought;
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5. If the enterprise is owned and or operated by a corporation, or other
• limited liability entity, the name of each officer and director of the
corporation. If the enterprise is owned and or operated by a partnership,
the name of each general partner of the partnership.
D. A statement under oath that the owner has personal knowledge of the
information contained in the application and that the information contained is true and
correct;
E. A statement that the owner has read and understands the provisions of
this chapter;
F. A statement whether the owner previously operated in this or any other
County, City or State under an entertainment establishment license /permit or similar
business license, and whether the owner has ever had such a license revoked or
suspended and the reason therefore, and the business entity or trade name under
which the owner operated that was subject to the suspension or revocation;
G. If the premises are being rented or leased or being purchased under
contract, a copy of such lease or contract shall accompany the application. (Ord. 95 -17
§ 2 (part), 1995)
• SECTION 3: Section 5.28.040 is hereby amended to read as follows:
5.28.040 Issuance of Permit -- Investigation.
A. Upon receiving an application for an entertainment permit, the City
Manager shall conduct an investigation to determine if the proposed business is in
compliance with the provisions of this chapter. The City Manager, shall, within ten
business days of receipt of a complete permit application, approve and issue the permit
if all the requirements of this section have been met. If the City Manager determines
that the application does not satisfy the requirements of this chapter, he /she shall deny
the application. The applicant shall be served with written notice of the decision. Notice
shall be personally served or served by deposit in the United States mail, first class
postage prepaid, at the address shown on the application. Service shall be deemed
complete upon personal service or in the United States Post Mail.
B. Standards for Approval of Permit. The City Manager shall approve and
issue an entertainment permit if the application and evidence submitted show that:
1. The place of entertainment is proposed to be located in a zone permitting
• the proposed use under Title 20 of this Code;
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2. If the occupancy limit of that portion of the premises where entertainment
• is performed is greater than two hundred (200) persons, at least one
security guard will be on duty outside the premises, patrolling the grounds
and parking areas at all times while the business is open. An additional
security guard will be on duty inside the premises if the occupancy
exceeds four hundred (400) persons. The security guards shall be
charged with preventing violations of law and enforcing compliance by
patrons with the requirements of this chapter. No security guard required
pursuant to this subparagraph shall act as a door person, ticket seller,
ticket taker, or admittance person while acting as a security guard;
3. The premises within which the entertainment is located shall provide
sufficient sound absorbing insulation so that noise generated inside the
premises shall not be audible anywhere on adjacent property or public
right -of -way or within any other building or other separate unit within the
same building;
4. All entertainment described within Section 5.28.010(1)(a) complies with
the additional regulations in Section 5.28.041;
5. All signage conforms to the standards applicable to the zone;
• 6. All indoor areas of the place of entertainment in which patrons are
permittedand entertainment is presented, shall be arranged in such a
manner that the entire interior portion of the viewing area is open and
visible from aisles and public areas of the place of entertainment and shall
be open to view by management at all times. Visibility shall not be
blocked or obscured by doors, curtains, partitions, drapes or any
obstructions whatsoever;
7. Every place of entertainment shall have a manager on the premises at all
times when entertainment is performed;
8. The place of entertainment must not operate or be open between the
hours of two a.m. and seven a.m. (Ord. 95 -17 § 2 (part), 1995)
SECTION 4: Section 5.28.090 is hereby amended to read as follows:
The provisions of this chapter shall apply prospectively and shall not operate to
revoke any valid live entertainment permit in effect as of the date of the ordinance
codified in this chapter. The provisions of this chapter shall not be deemed to require an
• entertainment permit for the following:
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A. For the use of a radio, record player, juke box or television receiver in any
• establishment;
B. For the use of a nonelectronic piano or organ in any establishment;
C. For any entertainment provided for member and their guests at a private
club where admission is not open to the public;
D. For entertainment conducted pursuant to a permit issued under Chapter
5.10 of this code. (Ord. 95 -17 subsection 2 (part), 1995: Ord. 95 -9 subsection 2, 1995)
Section 5: The findings included in Resolution 94 -11 and Ordinance 94 -7 are
incorporated by reference and shall remain unaffected by this amendment.
Section 6: That if any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each
section, subsection, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared unconsti-
tutional.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on the 24th day of February , 1997, and
adopted on the 10th day of March , 1997, by the following vote, to -wit:
AYES, COUNCILMEMBERS O'NELL, THOMSON,
EDWARDS, HEDGES, GLOVER, NOYES, DEBAY
u
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• NOES, COUNCILMEMBERS NONE
ABSENT, COUNCILMEMBERS
MAYOR
ATTEST:
• daa,¢CITY CLERK
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Ord 97 -12
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 97 -12 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th
day of March, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Edwards, Hedges; Glover, Noyes, and Mayor Debay
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 11th day of March, 1997.
(Seal)
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
City Clerk of the City of
Newport Beach, California
OF PUBLICATION
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 97 -12 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: March 17, 1997.
In witness whereof, I have hereunto subscribed my name this 4th day of
April 1997.
City Clerk of the City of
Newport Beach, California