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HomeMy WebLinkAbout2019-03-19; City Council; CS-351; AN ORDINANCE AMENDING CHAPTER 8.09 ENTERTAINMENT LICENSES...ORDINANCE NO. CS-351 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 8.09 ENTERTAINMENT LICENSES Exhibit 1 WHEREAS, there are new types of businesses allowed in the City since the latest update to Chapter 8.09 that would like to provide entertainment; and WHEREAS, City staff has researched the benefits of live entertainment and the changing needs to provide it by the business community due to increased demand for live entertainment to stay competitive and provide more experiential features to stay competitive and viable; arid WHEREAS, City staff talked with various business owners that have entertainment licenses or would like to have an entertainment license to ensure the proposed changes will provide more clarity and reduce confusion on the entertainment license process; and NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. Carlsbad Municipal Code Chapter 8.09, Section 8.09.020 is amended to add the following definitions: "Class Ill entertainment establishment" means a business that is a public premises establishment with an ABC license offering entertainment to patrons that does not include dancing by patrons of the establishment. "Public Premises Establishment" has the same meaning as that used in California Business and Professions Code Section 23039. 3. Carlsbad Municipal Code Chapter 8.09, Section 8.09.060 is amended to read as follows: 8.09.060 Application/modification requirements. A. Any person or business entity desiring to obtain an entertainment license or modification shall submit a complete application to the chief of police through the Office of Community and Economic Development and pay an application fee pursuant to Section 8.09.070. B. The application shall be in a form approved by the chief of police. C. The application shall be filed: 1. At least 45 days .prior to the proposed operation of the entertainment establishment; or March 19, 2019 Item #3 Page 2 of 7 2. At least 45 days prior to the expiration of either a cabaret or entertainment license; or 3. At any time for a modification. D. The application shall state the class of entertainment (Class I, Class II or Class Ill) that the entertainment establishment will provide to patrons. E. The entertainment license application shall include five copies of a floor plan . The floor plan shall be an accurate representation of the floor plan approved by the city building and fire departments as part of a formal building permit process. Any changes that have occurred to the floor plan since the original city building and fire department approval shall be identified and include a notation identifying the date the modification was approved by the city if such approval was required. The floor plan shall show all customer seating areas, performing stages or platforms, back-of-house areas, restroom facilities, and any proposed dance areas if applying for a Class II entertainment license. The floor plan shall clearly state the legal occupant load as established as part of the formal building permit process, and all exiting systems of the premises shall be clearly shown. No floor plan change, occupant load change, or other change of use can be approved as part of an application process for an entertainment license. F. The application for an entertainment license shall include five copies of the proposed site plan for the entertainment establishment and the site plan shall be an accurate representation with dimensions that show the building's footprint, boundary and property lines and on site parking spaces. Any changes that have occurred to the site plan since the original city building and fire department approval shall be identified and include a notation identifying the date the modification was approved by the city if such approval was required. G. The application shall also include a copy of any city land use permits (e.g., conditional use permit, redevelopment permit, etc.) issued to the property owner or business entity. H. The entertainment license application shall include a detailed security plan. The security plan should include, but is not limited to, the following: 1. The number of security personnel who will be on duty; 2. The minimum level of acceptable training for security personnel; 3. The patron screening procedure, if any, prior to admission to entertainment establishment; 4. Identify patron access points into the entertainment establishment; 5. Removal of disorderly or intoxicated patrons from premises; and 6. Dispersal of patrons from the entertainment establishment, on site parking area and/or public rights-of-way (e.g., sidewalk or street) within .50 feet of any entrance to the entertainment establishment. March 19, 2019 Item #3 Page 3 of 7 4. Carlsbad Municipal Code Chapter 8.09, Section 8.09.080 is amended to read as follows: 8.09.080 Approval/denial/modification of entertainment license. A. Upon completion of an investigation coordinated by the Office of Economic Development, the chief of police shall issue the license subject to Section 8.09.090, as applicable, unless it is found that: 1. The application fee has not been paid. 2. Applicant is less than 21 years of age. 3. The application does not conform to the provisions of this chapter. 4. The applicant has made a material misrepresentation in the application. 5. The applicant or any of its owners, partners, officers or directors has had an entertainment license revoked within two years prior to the date of the pending application: 6. The proposed entertainment establishment does not comply with all applicable laws, including, but not limited to: health, zoning, building, and fire code requirements. Prior to granting a license, the chief of police or designee shall obtain certification from the fire chief, city planner, and building official that the proposed use is in compliance with the land use and zoning provisions of the applic_able municipal code provisions and Village and Barrio Master Plan (if applicable), and that the structures are suitable and safe for the proposed operation of an entertainment establishment. B. If the chief of police denies the application, the applicant shall be notified of the reasons for the denial in writing within 45 days after receipt of the application. However, failure to notify the applicant within the specified time period shall not constitute a basis for granting the license. An applicant denied an entertainment license has a right to appeal the denial pursuant to Section 8.09.150 of this chapter. If such a hearing is not requested within th,e prescribed time period, the denial shall be final. C. If a conditional use permit, or any other permit or approval, except a certificate of occupancy, is required for the lawful operation of an entertainment establishment, the provisions of this chapter shall be in addition to those other permits and entitlements. An entertainment license cannot modify the terms of a conditional use permit or any other permit or approval. 5. Carlsbad Municipal Code Chapter 8.09, Section 8.09.090 is amended to read as follows: 8.09.090 Entertainment license standards and conditions. March 19, 2019 Item #3 Page 4 of 7 A. All Class I, Class II and Class Ill entertainment establishments shall operate in accordance with the following standards or conditions: 1. Display of License. The entertainment license shall be displayed on the premises in a conspicuous place so that law enforcement persons entering may readily see the entertainment license. A copy of the floor plan approved with the entertainment license shall be made available at all times at the request of any law enforcement officer, fire marshal or deputy fire marshal. 2. Hours of Operation. All entertainment establishments shall otherwise close and all patrons shall vacate the premises between 2:00 a.m. and 6:00 a.m. unless the entertainment license is conditioned for additional hours of closure. 3. Noise Restrictions. Noise shall be measured in accordance with Section 8.09.110. Between the hours of 10:00 p.m. and 7:00 a.m. no entertainment establishment may cause, permit or maintain noise at a sound level to the extent that the one-hour average sound level exceeds 65.0 dBA Leq-lm at the property line of the entertainment establishment of which the noise is produced. The noise subject to these limits is that part of the total noise at the specified location that is due solely to the action of said responsible party. 4. Manager and Service Training. The following persons must complete a responsible beverage service training course before the entertainment establishment may provide entertainment: i. Every manager must complete a responsible beverage service training course within 90 days of hire, or by January 1, 2008, whichever is later. ii. Every person who serves or sells alcoholic beverages for consumption by patrons on the premises of an entertainment establishment shall complete a responsible beverage service training course within 90 days of hire, or by January 1, 2008, whichever is later. 111. Every manager and every person who serves or sells alcoholic beverages for consumption by patrons on the premises of the entertainment establishment shall maintain a current responsible beverage service training course certificate. iv. A list of all persons employed as managers or persons who serve or sell alcoholic beverages for consumption by patrons on the premises of an entertainment establishment shall be maintained on the premises of the entertainment establishment. The list shall clearly identify the hire date, the date of each responsible beverage service training course was completed and the date the current training certificate will expire for every manager and every person March 19, 2019 Item #3 Page 5 of 7 who serves or sells alcoholic beverages for consumption by patrons on the premises of the entertainment establishment. The list shall be provided, upon request, to any police officer for inspection . 5. Maximum Occupant Load. The maximum number of persons in the entertainment establishment, other than employees, shall not, at any time, exceed the maximum occupant load as established by the fire marshal or the city building official. 6. Disturbing the Peace and Disorderly Conduct. The responsible party shall make reasonable efforts to prevent the admission of any person, whose conduct is described in California Penal Code Section 415 (fighting, loud noise, offensive words in public places) or PC 647 (disorderly conduct), inside the entertainment establishment, at any on site parking lot owned or under the control by the entertainment establishment, or on any sidewalk used by the entertainment establishment for the entertainment establishment. The responsible party shall make reasonable efforts to either call the police for assistance or remove from the entertainment · establishment, parking lot or sidewalk persons exhibiting such conduct. 7. Maintaining Adequate Right-of-Way. The responsible party shall ensure that patrons queuing on the public sidewalk do not obstruct the right-of-way or sidewalk from vehicular or pedestrian access. The minimum clear access for sidewalks shall be maintained at 44 inches. 8. Orderly Dispersal. The responsible party shall use reasonable efforts to cause the orderly dispersal of patrons from the entertainment establishment at closing time, and shall use reasonable efforts to prevent patrons from congregating in the entertainment establishment's parking lot after closing time or permit patrons to congregate in any roadway or traffic lane within 50 feet of any entrance to the entertainment establishment. 9. Obey all federal, state and local laws. B. In addition to the conditions set forth in subsection A of this section, the chief of police may impose additional conditions in the following areas which shall be based on specific, articulated facts setting forth the necessity for the conditions: 1. The permissible hours of operation for entertainment. 2. Specific licensing qualifications and numbers of security personnel to be on duty during business hours. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or March 19, 2019 Item #3 Page 6 of 7 a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 12th day of March 2019, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carlsbad on the 19th day of March 2019, by the following vote, to wit: AYES: NOES: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. None. None. APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney March 19, 2019 Item #3 Page 7 of 7