4710repealed.
ORDINANCE NO. 4710
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REPEALING CHAPTER 4.18 OF TITLE 4 AND
ADDING A NEW CHAPTER 4.18 TO TITLE 4 PERTAINING
TO AMUSEMENT AND ENTERTAINMENT PREMISES --
RESTAURANTS AND BARS
The City Council of the City of Anaheim Does Ordain as
Follows:
SECTION 1
That Chapter 4.18 of Title 4 be and the same is hereby
SECTION 2
The City Council of the City of Anaheim finds and
declares that public entertainment in restaurants and bars
customarily attracts crowds, causes traffic congestion, produces
disturbances including loud music and other loud sounds and,
therefore, necessitates regulation of its location, and of
pedestrian and vehicular traffic and parking, security measures,
and sound levels, especially in areas adjacent to residences, in
order to protect the public peace, health, and safety.
Accordingly, the Anaheim Municipal Code is amended by
adding new Chapter 4.18 to Title 4 to read as follows:
"CHAPTER 4.18 AMUSEMENT AND ENTERTAINMENT PREMISES -
RESTAURANTS AND BARS
4.18.010 Definitions.
A. "Amusement and Entertainment Premises" means any
premises used for a restaurant, coffee shop, bar, nightclub, or
establishment serving food, and/or other refreshments and where
amusement and entertainment activities are conducted.
B. "Amusement and entertainment" means every form of
live entertainment, music, band or orchestra, act, play,
burlesque, revue. pantomime, scene, song or dance act,
participated in by one or more persons. "Amusement and
entertainment" includes but is not limited to, a single event, a
series of events, or an ongoing activity or business, occurring
alone or as part of another business, to which the public is
invited to watch, listen, or participate.
4.18.020 Exemptions
The provisions of Section 4.18.030 shall not be deemed
to require a permit for any of the following:
A. Any religious activities taking place on premises
regularly used for religious purposes.
B. Activities or events held or conducted by the City
of Anaheim or by a school, college, or school district.
C. Any activity or event that comes within the
provisions of this Chapter solely by reason of its taking place
on property owned or occupied by the City of Anaheim shall not
require a permit pursuant to this Chapter if the persons or
organizations holding or conducting the event shall have
obtained a permit, license, lease, or agreement to use the
premises from the City of Anaheim.
D. Recreational and entertainment centers where at
least fifteen percent (15%) of the annual attendance at any such
center is composed of persons residing outside the State of
California and the average annual attendance of such center is
at least five million persons.
E. Entertainment conducted in connection with a
regularly established recreation park, circus or fairground.
F. Entertainment conducted by or sponsored by any
club, society or association, organized and incorporated for
benevolent, charitable, dramatic or literary purposes having an
established membership and which holds meetings other than such
entertainment at regular intervals, when proceeds, if any,
arising from such entertainment are used for the purposes of
such club, society or association.
G. Entertainment conducted in connection with any
dance where a valid dance permit is in full force and effect
under Section 4.16.020 of this title.
4.18.030 Permit Required.
A. It shall be unlawful for any person to hold or
conduct or operate, within the City of Anaheim, amusement and
entertainment premises subject to the provisions of this Chapter
and not expressly exempt hereunder without having a valid permit
issued pursuant to the provisions of this Chapter.
B. The holding or conducting of any event or activity
subject to the provisions of this Chapter without a valid permit
issued therefor pursuant to the provisions of this Chapter,
unless expressly exempt hereunder, is hereby declared a public
nuisance.
4.18.040 Application for Permit.
A. Applications for permits pursuant to this Chapter
shall be filed with the License Collector on forms provided by
her/him and shall include a non-refundable application fee in an
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amount designated by resolution of the City Council and, at
least, the following information:
1. The legal name, address and telephone number
of the person, partnership, association, or corporation
submitting the application;
2. The business name, address and telephone
number under which the activity will be conducted;
3. The residence address and telephone number of
the proprietor, partners, or principal officers of the
association or corporation making application;
4. The exact nature and location of the activity
for which the permit is requested and an estimate of the numbers
of persons who would attend the event(s);
5. The time period, not to exceed one year, for
which the permit is requested;
6. A security plan for control of pedestrian and
vehicular traffic and prevention of unlawful conduct by
employees and patrons (such as assaults, vandalism, littering,
theft, sale or use of controlled substances, and consumption of
alcohol by persons under 21 years of age) within the building(s)
and outside in the areas affected by the public attending the
event; provided, however, that this requirement shall be excused
in the case of a non-commercial activity or event to which the
public is invited free of charge and which event shall not be in
conjunction with any other commercial activity;
7. A plan for control of noise affecting nearby
premises, with special attention to prevention of noise nuisance
to nearby residences, if any;
B. Whether or not any alcoholic beverages will
be sold or served;
9. A description of the type of entertainment;
10. The date(s), and hours of the entertainment;
11. Such other information pertaining to public
health and safety as may be required by the License Collector
and, in addition, any information that the applicant may wish to
include.
B. Submitting false information on the application
shall constitute grounds for denial of the permit.
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4.16.050 Action by License Collector
Upon Application.
Upon the filing of a completed application, the License
Collector or designee shall conduct an appropriate
investigation, including consultation with the Police, Fire, and
Planning Departments and inspection of the premises as needed,
and shall grant the permit for a period not to exceed one year,
with or without conditions, unless it is found and determined
that issuance of the permit would allow such amusement or
entertainment to be held or conducted:
A. in violation of any provision of Title 18 of
the Anaheim Municipal Code or in violation of any other federal,
state or city law or laws; or
B. In a building or structure which is hazardous
to the health or safety of the employees or patrons of the
business, activity, or event, or the general public, under the
standards established by the Uniform Building or Fire Codes; or
C. On premises which lack adequate on-site
parking area for employees and the public attending the proposed
event or activity, under the standards set forth in Title 18 of
the Anaheim Municipal Code, except for existing uses that are
legal and nonconforming with respect to parking; or
D. In a manner in which proposed security
measures are inadequate to deter unlawful conduct on the part of
employees or patrons, or to promote the safe and orderly
assembly and movement of persons and vehicles, or to prevent
disturbance of the neighborhood by excessive noise created by
the entertainment activity or by patrons entering or leaving the
premises where the entertainment activity takes place.
4.18.060 Notification.
In the event the permit is denied, written notice
of such denial shall be given to the applicant specifying the
grounds for such denial. The notice shall also advise the
applicant of his right to appeal the denial of his application
and shall state the last date on which an appeal may be filed,
which shall be the fifteenth (15th) day after the date on which
the notice was deposited in the mail or was personally delivered
to the applicant.
4.18.070 Appeal to City Manager;
Notice and Hearing.
A. An applicant whose application for an Amusement
and Entertainment permit has been denied or has been granted
conditionally may appeal such decision directly to the City
Manager or his designee by filing an appeal with the License
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Collector. The time within which such a written appeal may be
filed shall expire at the end of the fifteenth (15th) day after
the date on which notices to the applicant of the action on his
application is personally delivered or deposited in the mail.
B. Upon the filing of a timely appeal, the City
Manager or his designee shall set a hearing to be held within
fifteen (15) working days from the date of receipt of such
appeal. The applicant, by written request, may waive the time
limits set forth in this section except the time within which an
appeal may be filed.
4.18.080 City Manager Action Upon Appeal.
After an administrative hearing and consideration of
the report and recommendation of the License Collector and any
written materials submitted by the applicant or other persons,
the City Manager or his designee shall either grant the permit
for a period not to exceed one year, with or without
conditions, or shall deny the permit upon finding that issuance
thereof would result in any of the circumstances set forth in
Section 4.18.050 of this Chapter. The decision of the City
Manager or his designee on any such permit shall be final.
4.18.090 Issuance of Permit; Conditions.
A. After the permit application has been granted and
the applicant notified, the License Collector or designee shall
issue the permit, for the period requested, but not to exceed
one year.
B. The permit shall be issued upon such conditions as
may be required to ensure compliance with City regulations
governing the matters contained in the application.
4.18.100 Renewal of Permit.
A. An unrevoked permit issued pursuant to this
Chapter may be renewed for successive periods of one year each
upon written application to the License Collector made at least
thirty (30) calendar days before the expiration date of the
current, valid permit and payment of a non-refundable permit
renewal application fee. For good cause, the License Collector
may extend the time for filing a renewal application for up to
ninety (90) days and may extend the prior permit pending
decision on the renewal application.
B. The application for renewal shall supply current
information with respect to each category of information
required in the initial application.
C. The License Collector shall grant the renewal
application if it is timely filed, with the applicable fee, and
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all the required information, unless he/she finds and determines
that renewal of the permit would result in any of the
circumstances set forth in Section 4.18.050 of this Chapter. In
the event that the permit is renewed, all conditions to which
the initial permit was subject shall remain in force unless
specifically deleted or modified, and additional conditions as
described in Section 4.18.090 may be attached, if required, in
the judgment of the License Collector. Notice of the granting
or denial of the renewal application, and of any additional
conditions, shall be mailed or personally delivered to the
applicant in the same manner and within the same time limits as
apply to initial applications.
D. The decision of the License Collector to deny the
renewal of a permit or to impose additional conditions may be
appealed to the City Manager or his designee in the same manner
and within the same time limits as a decision upon an initial
application for a permit.
E. After the filing of a timely application for
renewal of a permit, the original or existing permit shall
remain in effect until fifteen (15) working days after notice of
the action upon the application has been mailed or personally
delivered to the permittee or until the expiration date of the
original or existing permit, whichever is later; provided,
however, that if a timely appeal is filed, the original or
existing permit shall remain in effect until the City Manager or
his designee has acted upon the appeal. The decision of the
City Manager or his designee on any such appeal shall be final.
4.18.110 Revocation of Permit.
A. Any permit issued pursuant to the provisions of
this Chapter shall be revoked by the City Manager or his
designee on the basis of any of the following:
1. That the business or activity has been
conducted in a manner which violates one or more of the
conditions imposed upon the issuance of the permit or which
fails to conform to the plans and procedures described in the
application, or which violates the occupant load limits set by
the Fire Department;
2. That the permittee has failed to obtain or to
maintain all required City, County, and State licenses and
permits;
3. That the permit is being used to conduct an
activity different from that for which it was issued;
4. That the permittee has misrepresented any
material fact in the application for permit or has not answered
each question therein truthfully;
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5. That the permittee has failed to comply with
one or more of the required conditions and has failed to cure
such non-compliance after reasonable notice thereof;
6. That the building or structure in which the
permitted event or activity is held or conducted, or is to be
held or conducted, is hazardous to the health or safety of the
employees or patrons of the business, activity, or event, or of
the general public, under the standards set forth in the Uniform
Building or Fire Code;
7. That the permitted event or activity creates
sound levels which violate any ordinance of the City of Anaheim;
8. That the security measures provided are
inadequate to deter unlawful conduct on the part of employees or
patrons, or to promote the safe and orderly assembly and
movement of persons and vehicles, or to prevent disturbance of
the neighborhood by excessive noise created by patrons entering
or leaving the premises where the entertainment activity takes
place.
B. Written notice of hearing on the proposed permit
revocation, together with written notification of the specific
grounds of complaint against the business or activity of the
permittee, shall be personally delivered or sent by certified
mail to the permittee at least ten (10) days prior to the
hearing.
C. In the event a permit is revoked pursuant to the
provisions of this Chapter, another permit shall not be granted
to the permittee within twelve (12) months after the date of
such revocation. The City Manager's or his designee's
determination following a public revocation hearing shall be
based upon written findings and shall be final and conclusive in
the matter.
4.18.120 Application to Existing Businesses.
A. Any business or other entity that was lawfully
engaged in providing amusement or entertainment within the
meaning of this Chapter and was the holder of a permit issued by
the City Council pursuant to former Section 4.18.010 before the
effective date of this Ordinance, shall apply for a new permit
pursuant to Section 4.18.020 hereof at least thirty (30) days
before the scheduled expiration date of the existing permit, and
in that case the existing permit shall remain in effect until
the application has been acted upon and the decision thereon has
become final.
B. Any other business or entity that was lawfully
engaged in providing amusement or entertainment within the
meaning of this Chapter before the effective date of this
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Chapter shall apply for a permit pursuant to Section 4.18.020
hereof within sixty (60) days of the passage of this Chapter and
may continue to provide amusement or entertainment of the same
nature as previously, in conformity to all other applicable
City, State, and federal laws, until the application has been
acted upon and the decision thereon has become final.
4.18.130 Required Attire for Entertainers
In Premises Serving Alcoholic Beverages
A. Notwithstanding any other provision of this Code,
and regardless of whether an entertainment permit is otherwise
required by the provisions of this chapter, any person, while
acting as an entertainer in any establishment which serves
alcoholic beverages for consumption on the premises of such
establishment, shall be required to wear clothing which
completely and opaquely covers such person's (1) genitals, pubic
hair, buttocks, natal cleft, perineum, anal region and pubic
hair region, and (2) female breasts below a point immediately
above the top of the areola.
B. The term "entertainer" as used in this section
shall include, but not be limited to, any person while acting as
a host or hostess or while mixing, mingling or circulating among
the patrons of any establishment identified in subsection A
hereof. Said term shall not include any person while acting in
a capacity which is subject to the provisions of Section
4.18.140 of this Code.
C. No person or entity controlling or operating any
premises or business to which the public or any portion thereof
is invited or admitted shall permit or allow any of these acts
prohibited by subsection A above to occur on said premises.
Persons responsible under this subsection shall include, but not
be limited to, owners, managers, employees, permit holders,
leasees or any other person or entity controlling or operating
the premises.
D. A person shall be deemed an entertainer for
purposes of this section if such person acts in such capacity
without regard to whether or not such person is paid any
compensation by the management of the establishment in which the
activity is performed.
E. The provisions of subsection A above shall not
apply to a theater, concert hall, or similar establishment which
is primarily devoted to theatrical performances.
F. Any person who violates any of the provisions of
this Section shall be guilty of a misdemeanor punishable
pursuant to the provisions of Section 4.18.160.
4.18.140 Required Attire for Persons
Serving Food or Beverages.
A. Notwithstanding any other provision of this Code
and regardless of whether an entertainment permit is otherwise
required by the provisions of this chapter, any person while
acting in the capacity of bartender, barmaid, waiter, waitress,
or other person preparing or serving food, beverages, or food
and beverages in any restaurant, bar, tavern, or other place
where food, beverages, or food and beverages are served to the
public, shall be required to wear clothing which completely and
opaquely covers such person's (1) genitals, pubic hair,
buttocks, natal cleft, perineum, anal region and pubic hair
region, and (2) female breasts below a point immediately above
the top of the areola.
B. No person or entity controlling or operating any
premises or business to which the public or any portion thereof
is invited or admitted shall permit or allow any of the acts
prohibited by subsection A hereof to occur on said premises.
Persons responsible under this subsection shall include, but not
be limited to, owners, managers, employers, permit holders,
leasees or any other person or entity controlling or operating
the premises.
C. A person shall be deemed a bartender, barmaid,
waiter, waitress, or other person preparing or serving food,
beverages, or food and beverages, for purposes of this section
if such person acts in such capacity without regard to whether
or not such person is paid any compensation by the management of
the establishment in which the activity is performed.
D. Any person who violates any provision of this
Section shall be guilty of a misdeamor punishable pursuant to
the provisions of Section 4.18.160.
4.18.150 Rules and Regulations.
The City of Anaheim may establish reasonable
administrative rules and regulations to implement the provisions
of this chapter. A copy of such rules and regulations shall be
made available to applicants by the License Collector.
4.18.160 Penalty.
Any person violating or failing to comply with any of
the provisions of this chapter is guilty of a misdemeanor and
shall be punished by a fine of not to exceed one thousand
dollars or by imprisonment not to exceed six months, or by both
such fine and imprisonment. Each such person is guilty of a
separate offense for each and every day during any portion of
which any violation of the provisions of the chapter is
committed.
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SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 5. CERTIFICATION
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, published and circulated in
said City, and Thirty (30) days from and after its final
passage, it shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and adapted by the
City Council of the City of Anaheim this 6th day of May, 1986.
OR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
ROF:pm
2510U
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I. LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 4710 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 29th day of April, 1986, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 6th day of May, 1986, by the following vote of the members
thereof:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4710 on the 6th day of May, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 6th day of May, 1986.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I. LEONORA N. SOHL. City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 4710 and was published once in the
Anaheim Bulletin on the 16th day of May, 1986.
CITY CLERK