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HomeMy WebLinkAboutORD NO 4227ORDINANCE NO. ' ..... ORDINANCE AMENDING CHAPTER 5.14 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PERMITS, APPLICATION FOR AND RENEWAL OF PERMITS FOR CABARETS BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 5.14.025 of the Bakersfield Municipal Code is hereby enacted to read as follows: Section 5.14.025 Pern~it- Expiration. A. All permits issued before April 1, 2005, shall expire on the second anniversary of the issuance date occurring after Apdl 1, 2004. B. All permits issued under this chapter on or after April 1, 2005, shall expire on the second anniversary of the issuance date. C. Any expired cabaret permit not renewed shall be returned by the permit holder to the chief of police within forty-eight hours of its expiration. SECTION 2. Section 5.14.030 of the Bakersfield Municipal Code is hereby amended to read as follows: Section 5.14.030 Application - Issuance - Fee. A. Applications for permits under this section shall be made on forms to be furnished by the city manager or his designee, and, except as waived by the city manager or his or her designee for good cause shown, shall be submitted no less than eighty (80) days prior to the commencement of permitted activities, shall be signed under penalty of perjury by the applicant and shall require the following information: The name, mailing address, title, telephone number, previously used names, date of birth, sex, height, weight, eye color, hair 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; If the owner is a corporation, the name, mailing address, telephone number, year and place of incorporation, of the owner; -- Page 1 of 4 Pages -- O[~IGiNAL 3. The name, mailing address and location of the business; 4. The business tax certificate number of the business; 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 Prior permits held in the past three years and whether such permits were ever revoked or suspended, and the reasons therefor. B. The city manager or his or her designee shall, in his/her discretion, issue a permit no later than twenty (20) days before the commencement of permitted activities if he/she finds: 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; 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; 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; 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; That a valid business tax certificate has been issued for this business; and/or That a permit issued under this section to this owner or this business has not, in the past three years, been revoked, unless the city manager or his/her designee finds that the reasons for such revocation are unrelated to this application. C. The City Manager or his designee may waive the time limit in subsection B by notifying the applicant in writing by regular mail on or before the last day for acting -- Page 2 of 4 Pages -- >- -~) ORIGINAL upon the application of good cause found for delay and stating the new date for acting upon the application. D. Such permit may be issued with conditions to ensure the operation of the cabaret in such lawful and peaceful manner. E. All applicants for permits including renewal permits, whether or not issued, shall pay a non-refundable application fee not to exceed the full cost of processing the application, inspecting the applicant's business, and enforcing this ordinance as set forth in Chapter 3.70 of this Code. SECTION 3. Section 5.14.035 of the Bakersfield Municipal Code is hereby enacted to read as follows: Section 5.14.035 Permit-- Renewal. A. To renew a cabaret permit, the permit holder must (1) apply for a renewal of the permit no later than eighty (80) days before the expiration of the permit, and (2) comply with the application procedures of section 5.14.030. The city manager or his or her designee may, in his or her discretion, waive this limit for good cause shown. B. The city manager or his or her designee shall renew or deny the permit no later than twenty (20) days before the expiration date of the permit. The city manager or his or her designee may waive this limit for good cause shown. The city manager or his or her designee shall issue a notice to the permit holder stating the good cause if he or she waives the limit in this subsection. C. If the city manager or his or her designee does not act upon a renewal application within the time limit of subsection "B" the permit shall be automatically renewed for two (2) years upon payment of all fees. SECTION 4. 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. ---o0o--- -- Page 3 of 4 Pages -- ORIGINAL 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 on ~~..~[~§ by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH HANSON, SULLIVAN, SCRIVNER COUNCiLMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and EX OFFIC~ of the Council of the City of Bakersfield APPROVED: By:. ~ ,. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City A~o~. AMS:Isc S:\COUNCIL\Ords\04-05 Ords\CabaretPermitsFnl.doc -- Page 4 of 4 Pages -- OR!G!N/~L AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) City Hall, a full, true and correct copy of the following: Ordinance No. 4227 by the Bakersfield City Council at a meeting held on the 12th day of 2005 and entitled: 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 13th day of January , 2005 she posted on the Bulletin Board at , passed January AN ORDINANCE AMENDING CHAPTER 5.14 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PERMITS, APPLICATION FOR AND RENEWAL OF PERMITS FOR CABARETS PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield DEPUTY Cit~Clerk S:\DOCU MENT~FORMS~,OP.ORD.wpd 1/13/2005