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HomeMy WebLinkAboutORD NO 4214 4214 ORDINANCE NO. AN ORDINANCE OF THE CITY TO BAKERSFIELD A AMENDING CHAPTER 5.14 SECTIONS 5.14.030, 5.14.050, AND 5.14.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATED TO CABARETS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.14 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.14.030 Application - - Issuance - - Fee. A. Applicants for permits under this section shall be made on forms to be furnished by the chief of police or his designee, shall be submitted no less than thirty days prior to commencement of business, shall be signed under penalty of perjury by the applicant and shall require the following information: 1. The name, mailing address, title, telephone number, previously used names, date of birth, sex, height, weight, eye color, driver's license number, social security number, and arrest record, if any, of the owner(s), if not a corporation, and of all persons who will manage the business; 2. If the owner is a corporation, the name, mailing address, telephone number, year and place of incorporation, of the owner; 3. The name, mailing address and location of the business; 4. The business tax certificate number of the business; 5. The type of music, dancing or entertainment that will be permitted, with a description of the sound system, volume and sound attenuation to be utilized in the building; and 6. Prior permits held in the past three years and whether such permits were ever revoked or suspended, and the reasons therefore. B. The chief of police or his designee shall, in his discretion, issue a permit if he finds: 1. That such proposed music, dancing or entertainment will not interfere with the peace and quiet of the neighborhood; 2. That the application is complete and truthful; 3. That neither the owner nor any manager of the business has in the past three years been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation; 4. That neither the owner nor any manager of the business has in the past three years done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; Page 1 of 4 Pages 5. The building and the business for which the application is made will be maintained and conducted in accordance with all laws of the city and the state, including, but not limited to health, structural soundness, fire safety and zoning; 6. That a valid business tax certificate has been issued for this business; and/or 7. That a permit issued under this section to this owner or this business has not, in the past three years, been revoked, unless the chief of police or his designee finds that the reasons for such revocation are unrelated to this application. C. Such permit may be issued with conditions to ensure the operation of the cabaret in such lawful and peaceful manner. D. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as set forth in Section 3.70.040. 5.14.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the chief of police or his designee whenever he finds: A. That misrepresentations were made on the application; or B. That the owner or a manager has in the past three years been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation; or C. The owner or a manager has in the past three years done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law; or E. That the operation of the cabaret is interfering with the peace and quiet of the neighborhood. 5.14.060 Appeal. A. Should any applicant be dissatisfied with the decision of the chief of police or his designee not to grant a permit or for the revocation of a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city manager or his designee setting the grounds for dissatisfaction, whereupon the city manager or his designee shall hear said objections at a hearing no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The city manager or his designee may, upon said hearing, sustain, suspend or overrule the decision of the chief of police or his designee, which decision shall be final and conclusive. B. Pending the hearing before the city manager, the decision of the chief of police or his designee shall remain in full force and effect and any reversal thereof by the city manager shall not be retroactive but shall take effect as of the date of the city manager's decision. Page 2 of 4 Pages SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .............. 000 .............. Page 3 of 4 Pages I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on0O'r 0 I~ ?004 by the following vote: ABSTAIN: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~Ck ~ CITY CLERK and EX O~FIClO of the Council of the City of Bakersfield APPROVED: OCT 0 6 2004 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney / ROBL~R~' M. S-i.iE~F~ Deputy City Attorney RMS:dll Page 4 of 4 Pages AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kem ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 6th day of October, 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4214, passed by the 6th day of October, 2004 and Bakersfield City Council at a meeting held on the entitled: AN ORDINANCE OF THE CITY TO BAKERSFIELD A AMENDING CHAPTER 5.14 SECTIONS 5.14.030, 5.14.050, AND 5.14.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATED TO CABARETS. /s/PAMELAA. McCARTHY City Clerk of the City of Bakersfield DEPUTY (~ity Clerk 0RIGIN^~'