HomeMy WebLinkAbout1992-05-12; City Council; 11681; ADOPTION OF ORDINANCE NO. NS-200 - ZCA 91-02 ADULT ENTERTAINMENT PERMIT REVIEW PROCESS1
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RECOMMENDED ACTION:
Adopt Ordinance No. NS-200, approving an amendment to Title 21 of the Carls
Municipal Code to add time limits for processing adult entertainment permits.
ADOPTION OF ORDINANCE NO. NS-200 - ZCA 91-8
ADULT ENTERTAINMENT PERMIT REVIEW PROCESS
CIT
CIT
MTG. 5/12/92
ITEM EXPLANATION
Ordinance No. NS-200 was introduced and first read at a regular City Council mee
on May 5, 1992. The second reading allows Council to adopt the ordinance w
would then become effective in thirty days. The City Clerk will have the ordini
published in the ”Carlsbad Journal” within fifteen days, if adopted.
FISCAL IMPACX
See Agenda Bill No. 11,671 on file with the City Clerk.
EM-IIBIT’
1. Ordinance No. NS-200.
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ORDINANCE NO. NS - 300
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
The City Council of the City of Carlsbad, Califc
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.43 o
Carlsbad Municipal Code is amended by the amendment of st
21.43.110 to read as follows:
1121.43.110 Referral of amlications for licens, permits to other deDartments and aaencies.
(1) The planning director, upon receivir
application for a conditional use permit as provided in Sc
21.43.080 or an adult entertainment permit, and the 1
collector, upon receiving an application for a business lit
shall, within fourteen days, refer any such application .
community development director, the police department, th department and the planning director, which departments
inspect the premises proposed to be operated as an
entertainment establishment, and shall make w
recommendations to the planning director concerning comp
with the codes that they administer within thirty days.
county department of health shall also be requested tc
written recommendations within thirty days. All recommend
shall be considered during the permit review process or any public hearing required prior to the issuance of any p 1 A permit shall not be issued if it is found that the pr
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establishment does not conform to the requirements ol chapter or any state or local law.
The planning director shall determine in w whether the application for a permit is complete and transmit the determination to the applicant within thirt after the application has been filed with the planning dir The written determination shall specify those parts ( application which are incomplete and shall indicate the
determination that an initial application is incomplete he transmitted to the applicant, the applicant shall hay months from the date the application was initially fi
either resubmit the application or submit the infor
specified in the determination. Failure of the applic
resubmit the application or to submit the materials in res to the determination within the six months shall be dee
in which the application can be made complete. F
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constitute withdrawal of the application. If an applicati withdrawn or deemed withdrawn, a new application mus submitted, The applicant may appeal a decisior
incompleteness in writing to the planning commission w twenty days after the determination has been transmitted t
applicant.
include among other things, the true names and addresses c
persons financially interested in the business. The criminal record, if any, of all persons financially inter in the business shall be shown on such application. The
"persons f inancially interested!' shall include the applica all persons who share in the profits of the business c
basis of gross or net revenue, including landlords, le:
lessees, and the owner of the building, fixtures or equi] The application shall also be accompanied by f ingerprir persons financially interested.
The chief of police shall make such investigat is necessary to determine the background of the applicai other persons financially interested. The chief of police report to the planning commission his findings recommendations as to whether the adult entertainment per
conditional use permit should be approved or denied in w within thirty days after the application is submitted 1
be based on the findings and may also be based on his ju of potential enforcement problems and reasons therefor fr
proposed establishment.
planning commission in making findings required by S
21.43.080 or in issuing an adult entertainment permit pu
to Section 21.43.090. Such findings shall be made 1
planning commission within thirty days after receipt written report. Failure to so report shall be
recommendation of approval of the permit by the chief of E
(3) Upon denial of any application for an entertainment permit, or a conditional use permit as des in Section 21.43.080, the planning commission shall set the reasons for the denial in writing. The written reasc denial shall be sent to the applicant at the address spc
on the application by means of certified or registered r
by hand delivery. The denied applicant shall, at his elc
have the right to a hearing before the city cOUnCi1 applicant files a written appeal within ten days after
of the notice of denial. The hearing shall be held thirty days after the receipt of the written appeal. T
council may approve, deny or conditionally approve or d application. The decision of the city council shall be
If the applicant does not request a hearing within ten notice of denial, the decision of the planning c0zTissi.o
be final."
(2) An application shall be under oath, and
chief Of police. The recommendations of the police chief
The report shall be considered
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EFFECTIVE DATE : This ordinance shal
effective thirty days after its adoption, and the city
shall certify to the adoption of this ordinance and cause
be published at least once in the Carlsbad Journal w
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meetj
the Carlsbad City Council on the 5th day of MAY
1992, and thereafter
PASSED AND ADOPTED at a regular meeting o
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, St;
Nygaard NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, Acting ~orne~,~ ,,/ ,? c/
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4 ’*, /.A k / LV/p < i ‘CLAUDE A. LEWIS, Mayoi
ATTEST:
LL-LA.4 Q& ALETHA L. RAUTENKRANZ, City Clerk)
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