HomeMy WebLinkAbout1996-07-16; City Council; 13742; CONSIDERATION OF AMENDMENT TO THE CABARET DANCE PERMIT ORDINANCE\ 9 0 F '3 ' a CITY OF CARLSBAD - A ENDA BILL
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DEPT. HD. TITLE CONSIDERATION OF AMENDMENT TO THE AB# l:i ? 4 a
CITY MGR. % DEPT. CA 3
CITY ATTY. a MTG. 7- 16 -96 CABARET DANCE PERMIT ORDINANCE.
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RECOMMENDED ACTION:
Staff is recommending that the City Council introduce Ordinance Nos. N3-367 andNs- -
amending Carlsbad Municipal Code Chapters 8.09 and 1.08 to include additional criter
issuance of a cabaret permit, and providing that failure to comply with these requirements
result in revocation of the permit, and Resolution No. 9d-257 to establish a fee for the
cabaret permit.
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ITEM EXPLANATION:
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The City 's cabaret dance ordinance was written in 1971 and has not been amended since
time. The current cabaret dance ordinance does not include requirements that all applic
zoning, building, fire, and health and safety standards be met by the applicant prior to issu
of a permit, and that the applicant be truthful in his application and supporting documentatic
The amended ordinance includes these criteria.
This ordinance further makes it an infraction to violate any of the provisions of this Chs
which may result in the issuance of a citation by a code enforcement officer, or ultimatel.
filing of a misdemeanor complaint.
Chapter 1.08 of the Carlsbad Municipal Code which will be amended as well to add violatiol
Chapter 8.09 to those enforceable by the Community Development Director or his designee
FISCAL IMPACT:
The fee for a Cabaret Permit is currently $200 annually. Staff is proposing no change in
fee. However, the amended ordinance will allow the fee to be changed by the City Counc
the fee resolution process. A new fee Resolution is attached as an exhibit.
EXHIBITS:
1. Ordinance No. NS-36 9 , amending Chapter 8.09 of the Carlsbad Municipal Cod1
2. Ordinance No. ~s-3 670 , amending Chapter 1.08 of the Carlsbad Municipal Code. 2e Exhibit A - redlinelstrikeout version of Chapter 8.09.
e-lc Resolution No. 9,&&53 , establishing a fee for the new Cabaret Permit.
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RESOLUTION NO. 96-257
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ESTABLISHING THE FEES FOR CITY SERVICES.
WHEREAS, the City Council of the City of Carlsbad has the authority to establisl
fees for City services; and
WHEREAS, the City Council finds it necessary to recover costs for City service3
and
WHEREAS, the City Council has determined that the amount of said fees do nc
exceed the cost of the services provided; and
WHEREAS, no change in the amount of that fee is recommended.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City (
Carlsbad, California as follows:
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2. That the annual renewal fee for a Cabaret Permit shall be $200.
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lsu? 1. That the fee for a Cabaret Permit shall be $200 annually.
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PASSED,. APPROVED AND ADOPTED at a regular meeting of the City Council
the City of Carlsbad held on the 16th day of JULY 1 1996, by tt
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following vote, to wit:
18 AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
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NOES: None
ABSENT: None
ATTEST:
QxtL 4. (Lz.iL*. \
ALETHA L. RAUTENKRANZ, City Cbrk
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ORDINANCE NO. NS-369 \
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 8, CHAPTER 8.09, REGULATING CABARET DANCES.
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7 Code to read as follows:
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The City Council of the City of Carlsbad, California, does ordain as
~QIJOWS;
SECTION I: That Chapter 8.09 is amended in the Carlsbad Municipal
"Chapter 8.09
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*, CABARETDANCE
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Sections:
8.09.01 1 Cabaret dance. 8.09.012 Cabaret dances - Requirements. 8.09.013 Permit and fee. 8.09.014 Cabaret permit . 8.09.01 5 Prohibited conduct at cabaret dances - Disorderly conduc
8.09.017 Cabaret dance - Guidelines.
Section 8.09.01 1 Cabaret dance. "Cabaret dance" means any dance conducted in a commercial
8.09.016 Revocation of permit.
establishment open to the public where alcoholic beverages are regularly sold or
~ otherwise distributed.
Section 8.09.01 2 Cabaret dances - Requirements. No person shall conduct a cabaret dance unless all of the following conditions are at times complied with: (1 ) Size of dance floor: The dance floor shall be a minimum size of +one hundred square feet; (2) Designation of dance floor: The dance floor area shall bc plainly marked and designated as a dancing area. No dancing shall be permitted in premises except upon the dancing area thus marked and designated; (3) Permit restrictions: During all hours during which dancin( permitted by the permit issued hereunder for the premises, no portion of the dancing area shall be used for any purpose other than dancing and entertainment; (4) Maximum number of patrons: The maximum number of persons, other than employees, shall not at any one time exceed the maximum occupant load as determined by the fire marshal or the designated city building offici
Section 8.09.01 3 Permit and fee. No person shall conduct a cabaret dance without first obtaining a pern
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j from the City. The permit fee shall be established by resolution of the City Council.
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27 The Community Development Director or his designee shall grant an Section 8.09.014 Cabaret permit.
application, upon request for issuance of a permit within 30 days after filing of a
28 complete application unless one or more of the following findings are made:
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(a) The building, structure, equipment, or location of such business which the dancing is to be conducted does not comply with or fails to meet all of the health, zoning, fire, building, or safety regulations and standards of the State of
California as well as ordinances of the City of Carlsbad applicable to same. (b) The applicant or agent, has knowingly or deliberately made any fal! misleading, or fraudulent statement of material facts in the application or in any repol or record required to be filed or ‘kept under the provisions of the Carlsbad ordinance$
Section 8.09.01 5. Prohibited conduct at cabaret dances - Disorderlv conduct. No person conducting a cabaret dance shall permit any person to entel into, or to remain on the premises where such cabaret dance is conducted, who is obviously intoxicated, boisterous or disorderly.
Section 8.09.01 6. Revocation of permit.- (a) No person shall operate any place for which a permit is required
regulations adopted by the City Council as may be reasonably necessary to protect 1 public peace, health, safety, or morals. The City Council may, upon the recommendation of the Police Department and/or Code Enforcement Officer, at any time revoke any permit issued under this chapter for any violations thereof. No such
(b) A citation may be issued to the responsible party for violations o the requirements of this section. Each violation of this Chapter is subject to the penalties set forth in Chapter 1.08 of this Code.
,. under this chapter contrary to the provisions of this chapter, or contrary to any
permit shall be revoked without a noticed hearing.
Section 8.09.017. Cabaret Dance - Guidelines. The City Manager or his designee may adopt guidelines to administer 1 Chapter.
EFFECTIVE DATE: This ordinance shall be effective thirty days after i
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it ’
be published at least once in a newspaper of general circulation in the City of Carlst
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbac
City Council on the day of , 1996, and
thereafter
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PASSED AND ADOPTED at a regular meeting of the City Council of th
City of Carlsbad on the day of , 1996, by the following vote,
wit:
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AYES:
NOES:
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APPROVED AS TO FORM AND LEGALITY
ABSENT:
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CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Cle
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1 ORDINANCE NO. NS-370
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSRAD, CALIFORNIA AMENDING TITLE 1 CHAPTER
1.08, TO INCLUDE PENALTIES AND ENFORCEMENT
AUTHORITY FOR VIOLATIONS OF CHAPTER 8.09
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION I: That Title 1, Chapter 1.08, Section
1.08.,020 (a) is amended to read:
"(a) The community development director or his designee authorized, pursuant to Penal Code Section 836.5, to arrest any person, without a warrant, whenever said employee has reasonabl cause to believe that the person to be arrested has committed a infraction or misdemeanor, in said employee's presence, which i a violation of Titles 6, 8, 13, 18, or 21, Chapters 5.04, 5.24, 7.04, 7.12, 8.09, 10.52, 11.06, 11.08, 11.12, 11.16 or 11.36, o Sections 8.28.010, 8.28.020, 8.28.030 or 10.40.075 of this code or any uncodified building or zoning ordinance of the city."
EFFECTIVE DATE: This ordinance shall be effective
thirty days.after its adoption, and the City Clerk shall certif
the adoption of this ordinance and cause it 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, day of
, 1996, and thereafter
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PASSED AND ADOPTED at a regular meeting of the City
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Council of the City of Carlsbad on the day of - I , 1996, by the following vote, to wit:
AYES :
NOES :
ABSENT :
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
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(Dde%iQi'IS aife !iWd Out; a ditions are highlighted)
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