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Home My WebLink About1996-07-23; City Council; 13751; ADOPTION OF ORDINANCE NO. NS-369 AND ORDINANCE NO. NS-370 - AMENDMENT TO CABARET DANCE PERMIT ORDINANCE3 AB # 13.95 I MTG, 7/23/96 TITLE. . ADOPTION OF ORDINANCE NO. NS-369 DEPT. HD. 1 AND ORDINANCE NO. NS-370 - AMENDMENT ClTY ATTY - I DEPT. CLK I TO CABARET DANCE PERMIT ORDINANCE I CITY MGR. L I I I RECOMMENDED ACTION: Adopt Ordinance No. NS-369, amending Title 8, Chapter 8.09 of the Carlsbad Municipal Code to include additional criteria for issuance of cabaret permits: and Adopt Ordinance No. NS-370, amending Title 1, Chapter 1.08 of the Carlsbad Municipal Code to include penalties and enforcement authority for violations of Chapter 8.09. ITEM EXPLANATION Ordinance Nos. NS-369 and NS-370 were introduced and first read at the City Council meeting held on July 16, 1996. The second reading allows the City Council to adopt the ordinances which would then become effective in thirty days. The City Clerk will have the ordinances published within fifteen days, if adopted. FISCAL IMPACT See Agenda Bill No. 13,742 on file with the City Clerk. EXEIIBITS 1. 2. 0 u > 0 g%: s. 2 z 0 4 5 8 z 3 0 0 Ordinance No. NS-369 Ordinance No. NS-370 I I A 1 2 3 4 5 6 7 8 9 10 11 12 n (I)> 6% mwz ra8 ow: =!UU d->C Ed= OOOQ 15 gi$zz 16 &z& 13 $055 14 $;s$ ZWWY E22 40-1 >2$ 17 50 18 19 20 21 22 23 24 25 0 0 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, The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Chapter 8.09 is amended in the Carlsbad Municipal Code to read as follows: "Chapter 8.09 CABARETDANCE Sections: 8.09.01 1 Cabaret dance. 8.09.012 Cabaret dances - Requirements. 8.09.01 3 Permit and fee. 8.09.014 Cabaret permit 8.09.015 Prohibited conduct at cabaret dances - Disorderly conduc 8.09.016 Revocation of permit. 8.09.017 Cabaret dance - Guidelines. Section 8.09.01 1 Cabaret dance. "Cabaret dance" means any dance conducted in a commercial establishment open to the public where alcoholic beverages are regularly sold or otherwise distributed. Section 8.09.012 Cabaret dances - Requirements. No person shall conduct a cabaret dance unless all of the following conditions are a 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 br 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 permd Issued hereunder for the premises, no portion of the dancini 1 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 offic Section 8.09.01 3 Permit and fee. No person shall conduct a cabaret dance without first obtaining a per from the City. The permit fee shall be established by resolution of the City Council. 26 . Section 8.09.014 Cabaret permit. 27 The Community Development Director or his designee shall grant an 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: r am a> sug $Em a08 ow2 so44 u=>g gd= 9 I$“ 02-10 p’;ga ““%0 m? >2% Eo iUU 0 aoJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I ~ 0 0 (a) The building, structure, equipment, or location of such business i 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 fak misleading, or fraudulent statement of material facts in the application or in any repor or record required to be filed or kept under the provisions of the Carlsbad ordinance3 Section 8.09.015. Prohibited conduct at cabaret dances - Disorderlv conduct. No person conducting a cabaret dance shall permit any person to enter into, or to remain on the premises where such cabaret dance is conducted, who is obviously intoxicated, boisterous or disorderly. Section 8.09.016. Revocation of permit.- (a) No person shall operate any place for which a permit is required under this chapter contrary to the provisions of this chapter, or contrary to any 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 time revoke any permit issued under this chapter for any violations thereof. No SUC i permit shall be revoked without a noticed hearing. (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. recommendation of the Police Department andlor Code Enforcement Officer, at an Section 8.09.01 7. 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 16th day of JULY , 1996, and thereafter .... .... .... .... .... .... 2 Y 0, suz 2?m un8 Jous $035 kksg 00LL OZJO JUO >-tz ;&32 ““50 >-YE E:? &5 <a2 1 2 3 4 5 6 7 .8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 PASSED AND ADOPTED at a regular meeting of the City Council of thc City of Carlsbad on the 23rd day of JULY , 1996, by the following vote, wit: AYES: Council Members Lewis , Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY - R. BALL, City torney 7yw/%& AIITEST: ALWwuTENKwNz, 4. 62- City a 3 $. 1 2 3 4 5 6 7 8 9 10 11 12 aln SuJ? Yr rrrrcb 13 Ow# a08 iU, aosa 14 *>JZ rtrg nonu. 15 g$$x 16 $32 E5 aoL >s?q 17 60 18 19 20 21 22 23 24 25 26 27 28 i 0 * ~ ~ ORDINANCE NO. NS-370 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 1 CHAPTER 1.08, TO INCLUDE PENALTIES AND ENFORCEMENT AUTHORITY FOR VIOLATIONS OF CHAPTER 8.09 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Title I, Chapter 1.08, Section 1.08.020(a) is amended to read: "(a) The community development director or his designee authorized, pursuant to Penal Code Section 836.5, to arrest any person, without a warrant, whenever said employee has reasonabl cause to believe that the person to be arrested has committed a infraction or misdemeanor, in said employee's presence, which i a violation of Titles 6, 8, 13, 18, or 21, Chapters 5.04, 5.24, 7.04, 7.12, 8.09, 10.52, 11.06, 11.08, 11.12, 11.16 or 11.36, o Sections 8.28.010, 8.28.020, 8.28.030 or 10.40.075 of this code or any uncodified building or zoning ordinance of the city." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certif the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 16th day of JULY , 1996, and thereafter .... .... .... .... .... .... 1 I 5 < 11 21 0 3J Zr- ,E& ow2 304" 2U, &$E nun9 zum~ CUzn 003 Lam c2z cos <,Si oz-r - a0-r Go 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m e ~ PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 23rd day of - JULY , 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES : None ABSENT : None APPROVED AS TO FORM AND LEGALITY ATTEST: &e. &JgN?m?$Clerk 2