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Home My WebLink AboutORD NO 4445 '" ... ORDINANCE NO. 4445 . AN ORDINANCE AMENDING CHAPTER 5.14 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO CABARETS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. 5.14.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appear from the context, the words set out in this section shall have the following meanings: A. "Alcoholic beverage" shall have the same meaning as set forth in Section 23004 of the California Business & Professions Code. B. "Cabaret" means a public place where: 1. Alcoholic beverages are served or consumed; and 2. Live entertainment (with or without dancing) is provided; or 3. Recorded music and dancing by patrons is provided or permitted. C. "Person" means any individual, partnership, corporation or association of any nature whatsoever. 5.14.020 Permit-Required. It is unlawful for any person to keep, maintain or operate a cabaret within the city in violation of this chapter or without having a valid permit therefor in accordance with the provisions of this chapter. 5.14.025 Permit-Expiration. A. All permits issued before April 1, 2005, shall expire on the second anniversary of the issuance date occurring after April 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. -- Page 1 of 5 Pages -- ~ <Q{l.K~-s> <:> ~ >- - t- m _ r- " t) ORIGINAL S:ICOUNCILIOrdsIOe-G70rdsI5.14cabaretamendmentFnl.doc 5.14.030 Application-Issuance-Fee. A. Applications for permits under this section shall be made on forms to be furnished by the chief of police or his or her designee, and, except as waived by the chief of police or his or her designee for good cause shown, shall be submitted no less than eighty days prior to the commencement of permitted activities, 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, 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; 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 therefor. B. The chief of police or his or her designee shall, in his/her discretion, issue a permit no later than twenty days before the commencement of permitted activities if he/she 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; 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 city manager or his/her designee finds that the reasons for such revocation are unrelated to this application. -- Page 2 of 5 Pages -- ~ <Q{l.K~-9 o ~ >- - t- m _ r- " t) ORIGINAL S:ICOUNCIL IOrdslOe-G 7 OrdsI5.14cabaretamendmentFnl.doc C. The chief of police or his or her designee may waive the time limit in subsection B of this section by notifying the applicant in writing by regular mail on or before the last day for acting 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 nonrefundable application fee not to exceed the full cost of processing the application, inspecting the applicant's business, and enforcing this chapter as set forth in Chapter 3.70 of this code. 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 days before the expiration of the permit, and (2) comply with the application procedures of Section 5.14.030. The chief of police or his or her designee may, in his or her discretion, waive this limit for good cause shown. B. The chief of police or his or her designee shall renew or deny the permit no later than twenty days before the expiration date of the permit. The chief of police or his or her designee may waive this limit for good cause shown. The chief of police 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 chief of police or his or her designee does not act upon a renewal application within the time limit of subsection B of this section, the permit shall be automatically renewed for two years upon payment of all fees. 5.14.040 Regulations. A. No cabaret shall operate at any time unless there is displayed in a location clearly visible to the public a valid permit, issued pursuant to the provisions of this chapter, to so operate. B. Any permit issued pursuant to this chapter shall be nontransferable, and shall be valid only as to the applicant and location provided on the application for such permit. C. The cabaret shall not be operated so as to constitute a nuisance or to interfere with the peace and quiet of the neighborhood. 5.14.050 Suspension or Revocation. Any permit issued pursuant to this chapter may be immediately suspended or revoked by the chief of police or his designee whenever he finds: A. That misrepresentations were made on the application; or -- Page 3 of 5 Pages -- ~ <Q{l.K~-9 () ~ >- - t- m _ r- <.:> t) ORIGINAL S:ICOUNCILIOrdsloe-G7 OrdsI5.14cabaretamendmentFnl.doc 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. That 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 a local, state or federal law; or E. That the operation of the cabaret is interfering with the peace and quiet of the neighborhood. In no event shall the length of any suspension of a permit exceed one hundred eighty (180) days. 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 suspension or 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 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 manager's decision. 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. -------()()()------- -- Page 4 of 5 Pages -- ~ <Qr-.#(~~ () ~ >- - I- m _ r- <.:> t:J ORIGINAL S:ICOUNCILIOrdsloe-G7 OrdsI5.14cabaretamendmentFnl.doc 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 JUt. 1 8 2987 ' by the following vote: ......- I..--- ...,.---""'- L.-- L--- I--- ~ COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER ~ LLltld$ CITY CLERK a EX OFFICIO of the Council of the City of Bakersfield APPROVED: .71 JUL 1 8 2001 By: HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney G JANICE SCANLAN Assistant City Attorney -- Page 5 of 5 Pages -- ~ <Q{l.K~-s> o ~ ,;)... - l- m - r- c.:> t) ORIGINAL S:ICOUNCILIOrdsloe-G7 OrdsI5.14cabaretamendmentFnl.doc AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) 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 19th day of July, 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4445 passed by the Bakersfield City Council at a meeting held on the 18th day of July, 2007 and entitled: AN ORDINANCE AMENDING CHAPTER 5.14 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO CABARETS. PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~ ~r DEPU Y Ci Clerk S:\DOCUMENT\FORMS\AOP.ORD.wpd ~ <Qf1.I(~\ ~ r ORIGINAL