HomeMy WebLinkAbout1992-05-12; City Council; NS-200; CMC 21.43.110 amend - Adult entertainment permits processing time limits...1
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ORDINANCE NO. NS - 301)
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21,
CHAPTER 21.43 OF THE CARLSBAD MUNICIPAL
CODE BY THE AMENDMENT OF SECTION 21.43.110 TO
ADD TIME LIMITS FOR PROCESSING ADULT ENTERTAIN- MENT PERMITS
1 The City Council of the City of Carlsbad, Californiz
6 does ordain as follows:
7 SECTION 1: That Title 21, Chapter 21.43 of tl
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Carlsbad Municipal Code is amended by the amendment of sectil
21.43.110 to read as follows:
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1121.43.110 Referral of aDDlications for licenses ar
permits to other departments and asencies.
(1) The planning director, upon receiving i
application for a conditional use permit as provided in Sectic
21.43.080 or an adult entertainment permit, and the licen:
collector, upon receiving an application for a business licensc
shall, within fourteen days, refer any such application to tl:
community development director, the police department, the fil
department and the planning director, which departments sha:
inspect the premises proposed to be operated as an adu:
entertainment establishment, and shall make writtt
recommendations to the planning director concerning complianc with the codes that they administer within thirty days. TI county department of health shall also be requested to ma3 written recommendations within thirty days. All recommendatior
shall be considered during the permit review process or durir
any public hearing required prior to the issuance of any permit
A permit shall not be issued if it is found that the proposc establishment does not conform to the requirements of thj chapter or any state or local law.
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The planning director shall determine in writir whether the application for a permit is complete and sha: transmit the determination to the applicant within thirty da! after the application has been filed with the planning direct01 The written determination shall specify those parts of tl application which are incomplete and shall indicate the mannt in which the application can be made complete. When determination that an initial application is incomplete has bec transmitted to the applicant, the applicant shall have sj
months from the date the application was initially filed t either resubmit the application or submit the informatic
specified in the determination. Failure of the applicant t
resubmit the application or to submit the materials in responsc
to the determination within the six months shall be deemed t 28
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constitute withdrawn submitted.
withdrawal of the application. If an application :
or deemed withdrawn, a new application must 1
The applicant may appeal a decision (
incompleteness in writing to the planning commission with: twenty days after the determination has been transmitted to tl applicant.
(2) An application shall be under oath, and sha:
include among other things, the true names and addresses of a:
persons financially interested in the business. The pa! criminal record, if any, of all persons financially interestc in the business shall be shown on such application. The te: "persons financially interested" shall include the applicant a1 all persons who share in the profits of the business on tl basis of gross or net revenue, including landlords, lessor! lessees, and the owner of the building, fixtures or equipmeni The application shall also be accompanied by fingerprints t
persons financially interested.
The chief of police shall make such investigation i is necessary to determine the background of the applicant ai other persons financially interested. The chief of police sha: report to the planning commission his findings ai
recommendations as to whether the adult entertainment permit (
conditional use permit should be approved or denied in writil within thirty days after the application is submitted to tl chief of police. The recommendations of the police chief sha: be based on the findings and may also be based on his judgmel
of potential enforcement problems and reasons therefor from tl
proposed establishment. The report shall be considered by tl
planning commission in making findings required by Sectic
21.43.080 or in issuing an adult entertainment permit pursua:
to Section 21.43.090. Such findings shall be made by tl
planning commission within thirty days after receipt of tl
written report. Failure to so report shall be deem1
recommendation of approval of the permit by the chief of policr
(3) Upon denial of any application for an adu
entertainment permit, or a conditional use permit as describl
in Section 21.43.080, the planning commission shall set for
the reasons for the denial in writing. The written reasons fl
denial shall be sent to the applicant at the address specifii
on the application by means of certified or registered mail 1
by hand delivery. The denied applicant shall, at his electio:
have the right to a hearing before the city council if t:
applicant files a written appeal within ten days after maili:
of the notice of denial. The hearing shall be held with thirty days after the receipt of the written appeal. The ci,
council may approve, deny or conditionally approve or deny t: application. The decision of the city council shall be fina If the applicant does not request a hearing within ten days
notice of denial, the decision of the planning commission sha
be final . It
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EFFECTIVE DATE : This ordinance shall 1
effective thirty days after its adoption, and the city clel
shall certify to the adoption of this ordinance and cause it 1
be published at least once in the Carlsbad Journal with:
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting (
the Carlsbad City Council on the 5th day of MAY
1992, and thereafter
PASSED AND ADOPTED at a regular meeting of tk
City Council of the City of Carlsbad on the 12th day of
MAY , 1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton,
NOES: None
Nygaard
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
LlL- D..C r>
-~ - . -2, 2. 1 b.; ,/? /<;T
ROzLDx BALL, Acting C%orneylx/ ,[ ,.% /
J';/Z*9L ' ,i ,y C' ,/ .I ,', I
\ #,//py:/ {i 'J /&//I/<
,' ;A4 i.21
"CLAUDE A. ' .,LEWIS, Mayor - w .,
,
20 ATTEST : ll
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UnPQ- ALETHA L. RAUTENKRANZ, City Clerk)
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