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HomeMy WebLinkAboutORD NO 3733 ORDINANCE NO. 3 ? 3 AN ORDINANCE AMENDING CHAPTER 5.14 OF TH;E BAK~ERSF:!!EED M~JN,ICliPAL CODE RELATING 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: Chapter 5.14 CABARETS Sections: 5.14.010 5.14.020 5.14.030 5.14.040 · 5.14.050 5.14.060 Definitions. Permit -- Required. Application -- Issuance -- Fee. Reg,ulafions. Revocation. Appeal. 5.14.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears 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 Recorded music and dancing by patrons is provided or permitted. ©RIGiNAL 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 havi~ng a valid permit therefor in accordance with the provisions of this chapt'er. 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, shall be submitted no less ~han thirty days prior to commencement of business, shal~tbe signed under penalty of ped:ury by the applicant and shall requi,re 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, tel.ephone 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; 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 bui,lding; 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 designee shall, in his discretion, issue a permit if he finds: -2- ORIGINAL That such proposed music, dancing or entertainment will not interfere with the peace and quiet of the neighlborhood; 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 rehab~l!itation; 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 substantiarly 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; 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 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. 5.14.040 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. -3- ORK~iNAL B. Any permit issued pursuant to this chapter shall be non-transferrable, and shall be valid only as to. the applicant and location provided on the application for such permit. C. The cabaret shall be not be operated so as to constitute a nuisance or to interfere with the peace and quiet of the neighborhood. D. Every permit issued pursuant to this chapter shall expire annually on the thirty-first day of December. 5.14.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager 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. 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 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 Ao_~eal. A. Should any applicant be dissatisfied with the decision of the city manager 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 permiff~ee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant -4- shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager or his designee, whi:ch decision shall be final and conclusive. B. Pending the headng before the council, the decision of the city manager or his designee shall remain in fu~11 force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. This Ordinance shall be posted in accordance with the Bakersfield Munici~pa:l Code and shall become effective thirty (30) days from and after the date of its passage. .......... 000 ....... -5- ORK~iNAL 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 OI~T 2 $19~, by the following vote: AYES: COUNCiLMEMI3ER D~MOA~D, CAI~( ~_MoI~RMOT[, ROWLES, S~JLLIVAN, SALVAGGIO NOES: COUNCILMEMBER, /'"--J,( ~ , CITY CLERK and~Ex :.Officio :C..~r.k O"f the Council of the C:ity!~)"f:Bakers~ e d ~' APPROVED: OCT 2 ~ 1996 APPROVED AS TO FORM: JUDY K. SKOUSEN CITYATtORNEY ,^u~'c. MA.~'~o ASSISTANT CITY ATTORNEY LCM/bsb $ :~COUNCIL~ORD~CABARET,ORD September 27, 1996 -6- ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA ) County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified Acting City Clerk of the City of Bakersfield; and that on the 24th day of October, 1996 she posted on the Bulletin Board at City Hall, a full, .true ~and correct copy of the following: Ordinance No. 3733, passed by the Bakersfield City Co~ncil ~V4a meeting held on the 23rd day of October, 1996, and entitled: AN ORDINANCE AMENDING CHAPTER 5.14 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO CABARETS /s/ PAMELA A. McCARTHY Acting City Clerk of the City of Bakersfield