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;
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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
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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.
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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
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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