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
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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.
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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.
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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
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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
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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
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