Loading...
6122ORDINANCE NO. 6122 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 4.24 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE IN ITS ENTIRETY RELATING TO POOL ROOMS THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Chapter 4.24 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "Chapter 4.24 AMUSEMENT AND ENTERTAINMENT PREMISES --POOL ROOMS 4.24.010 DEFINITIONS. For purposes of this chapter, the following words and terms shall have the following ascribed meanings: 010 "City" shall mean the City of Anaheim. .020 "Entity" shall mean any firm, partnership, corporation, joint venture, unincorporated association or other association of any type or nature. .030 "Hearing Officer" shall mean either the City Hearing Officer, or an Employee Hearing Officer appointed by the City Manager pursuant to Section 1.12.100 of this Code. .040 "License Collector" shall mean the License Collector of the City or his or her designee. .050 "Pool" shall mean and include the games of billiards, pool, snooker, bagatelle and any other table game played with balls and cue sticks. .050 "Pool room" shall mean any business establishment where pool is played on three or more tables and in which the public is allowed to play therein, regardless of whether payment or other consideration is charged or required for the use of such tables. .060 "Pool table" or "table" shall mean any table on which the game of pool is played. 4.24.020 REGULATORY PERMIT REQUIRED. It shall be unlawful for any person or entity to conduct, manage, operate or own any pool room without first procuring and maintaining in full force and effect a permit from the City of Anaheim as provided in this chapter. Such permit shall be in addition to any zoning permit which may be required pursuant to Title 18 of this Code. 4.24.030 APPLICATION FOR PERMIT. .010 Applications for permits pursuant to this chapter shall be filed with the License Collector on forms provided by her/him and shall be accompanied by a nonrefundable application fee established pursuant to Section 4.24.140 of this chapter. Said application shall, at a minimum, include the following required information: .0101 The legal name, address and telephone number of the person, partnership, association, corporation or other entity submitting the application; .0102 The business name, address and telephone number under which and where the pool room will be conducted; .0103. The residence address and telephone number of the proprietor, partners or principal officers of the entity submitting the application; .0104 The exact nature and location of the activity for which the permit is requested including the number of pool tables and a description of any other uses which will be conducted on the business premises; .0105 A floor plan showing the proposed location of each pool table and any other uses or activities to be conducted on the business premises, including the location of such other uses on the premises; .0106 Whether or not alcoholic beverages will be served and, if so, the type of alcoholic beverage license required. .0107 Such other information pertaining to the public health, safety, peace and general welfare as may be required by the License Collector, and any other information which the applicant may which to include with the application. .020 Failing to provide all of the information required on the application or by the License Collector, or submitting any false information on the application, shall constitute grounds for denial of the application. 2 4.24.040 ACTION BY LICENSE COLLECTOR UPON APPLICATION. .010 Upon the filing of any application, the License Collector shall determine whether the application is complete, including whether the application is accompanied by the requisite filing fee established pursuant to Section 4.24.140 of this chapter. If the application is not complete, the License Collector shall, within two business days, give written notice by mail or personal delivery to the applicant advising that the application is incomplete and cannot be acted upon. The notice shall state what information is needed to complete the application. .020 Upon the filing of a completed application, the License Collector shall conduct an appropriate investigation, including consultation with the Police, Planning and Fire Departments and inspections of the premises as necessary. Within fifteen business days after receipt of a completed application, the License Collector shall either approve, conditionally approve, or deny the application. .030 The License Collector shall approve, or conditionally approve, the application unless he or she determines, based upon information contained in the application and information obtained in the investigation and inspections, that either: .0301 by reason of the location where the pool room is sought to be located, or the proposed number of tables or other uses proposed to be conducted or currently conducted on the premises, the conducting or carrying on of the pool room would be detrimental to either (1) the quiet enjoyment of one or more other properties in the vicinity of the proposed pool room, or (2) the public peace, health, safety or general welfare; or .0302 the proposed use would violate any provision of Title 18 of the Anaheim Municipal Code or any other provision of any federal, state or city law(s); or .0303 the building or structure within which the proposed use would be located is hazardous to the health or safety of the employees or patrons of the business or the general public under standards established by the Uniform Building Code or the Fire Code of the City; or .0304 the premises lack adequate on-site parking area for employees and the patrons of the business under the standards set forth in Title 18 of the Anaheim Municipal Code, except for existing legal nonconforming uses; or .0305 the 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 noises created by the patrons entering or leaving the premises. 3 .040 The License Collector may at his or her discretion condition the grant of the permit upon such conditions as are determined by the License Collector to be reasonably necessary to avoid any of the detrimental effects specified in subparagraphs .0301 through .0305 above, including, without limitation, the installation of sound deadening apparatus or materials. 4.24.050 NOTIFICATION OF DECISION .010 The License Collector shall give written notice to the applicant of the action taken upon the completed application within three (3) business days following the date of the decision on the application by the License Collector. .020 In the event the application is denied, the written notice of denial shall specify the grounds for such denial. Such notice shall also advise the applicant of the right to appeal the decision of denial and shall state the last date on which an appeal may be timely filed. 4.24.060 APPEAL OF DECISION OF LICENSE COLLECTOR .010 An applicant whose application for a pool room permit has been denied or conditionally approved, or whose permit has been revoked or suspended, by the License Collector may appeal such decision directly to the City Manager by filing a timely appeal with the City Manager. Any such appeal shall be filed not later than the tenth calendar day following the date notice of the action upon the application was deposited in the mail or personally delivered to the applicant. The appeal shall be deemed filed on the date such appeal is received in the Office of the License Collector, whether by personal delivery or by mail. .020 Upon the filing of a timely appeal, the City Manager shall determine to either hear the appeal or shall designate a Hearing Officer to hear such appeal. The City Manager or the Hearing Officer shall set the hearing to be held within thirty calendar days after the date of filing of such appeal. The appellant shall be provided written notice of the time, date and place for the holding of such hearing at least ten (10) calendar days prior to the date of such hearing. The appellant, by written request, may waive the time limits set forth in this chapter, except the time limit within which a timely appeal must be filed. 4.24.070 ACTION ON APPEAL. After an administrative hearing and consideration of the report and recommendations of the License Collector and any other evidence or materials submitted by the applicant or other persons, the City Manager or Hearing Officer shall either grant the permit, with or without conditions, or shall deny the permit upon finding that issuance thereof would result in any of the circumstances set forth in subsection .030 of Section 4.24.040. The decision of the City Manager or the Hearing Officer shall be final. 2 4.24.080 REVOCATION OF PERMIT .010 The License Collector may at any time revoke or suspend permits issued for any pool rooms where either (1) the proprietor or persons in charge thereof violates or permits any violation of any federal or State law, or of any ordinance of the City regarding the operation of, or conduct within, the pool room, or (2) the pool room is being operated in violation of any condition imposed upon the permit, (3) the permit was obtained by misrepresentation, or (4) the pool room is being operated in any manner detrimental to the public peace, health, safety or general welfare. .020 A pool room permit shall not be revoked or suspended under the provisions of this chapter unless and until a duly noticed hearing is first held concerning such revocation or suspension in the time and manner set forth in subsection .030 below. .030 Upon receipt of any information or evidence that a pool room permit is being operated in violation of any of the provisions of subsection .010 above, the License Collector shall investigate such charge in the same manner as provided in subsection .020 of Section 4.24.040 of this chapter and, if the License Collector believes such a violation may exist or may have occurred, the License Collector at his or her discretion may order the permit holder to show cause why the permit should not be revoked or suspended. The License Collector shall schedule a hearing on any such Order to Show Cause and notice of the time, date and place of such hearing shall be given to the permit holder at least ten (10) calendar days prior to the date of the scheduled hearing. Notice of the hearing shall be deemed given as of the date such notice is deposited in the U.S. Mail addressed to the permit holder at the address of the business, or personally delivered to the permit holder, whichever date is earlier. .040 Said Order to Show Cause shall specify the grounds on which it is proposed that the permit be revoked or suspended. .050 At the hearing, the License Collector shall consider all testimony and evidence presented at the hearing, including any testimony, reports and documents in support of or in opposition to the proposed permit revocation or suspension. The permit holder shall be permitted to testify and to present evidence and witnesses in the permit holder's behalf. All testimony shall be taken under oath and the permit holder of his or her representative shall be permitted to cross-examine witnesses. The hearing may be continued from time to time until completed. .060 Within fifteen calendar days following the completion of the hearing, the License Collector shall render his or her decision to either dismiss the charges, revoke or suspend the permit, or impose additional conditions of operation upon the permit. The decision of the License Collector shall be final in the absence of a timely filed appeal. .070 The decision of the License Collector may be appealed by the permit holder within the time and manner specified in subsection .010 of Section 4.24.060 of this chapter. 4.24.090 PERMIT NOT TRANSFERABLE Any permit issued pursuant to this chapter shall authorize the pool room to be conducted and carried on only at the place set forth in the application therefor. Such permit is not and shall not be transferable to any other person or entity, or to any other location. 4.24.100 PERSONS UNDER EIGHTEEN YEARS OF AGE No person(s) under the age of eighteen years shall be permitted to enter or remain in any pool room between the hours of ten p.m. and six a.m. of any day, except when such persons are supervised by a recognized youth organization, or accompanied by a parent or legal guardian. 4.24.110 HOURS OF OPERATION All pool rooms, except a pool room or pool tables operated as an accessory use within a bowling alley, shall be closed and cease all pool room operations between the hours of two a.m. and six a.m. of any day. 4.24.120 VIOLATIONS .010 It shall be unlawful for any owner, proprietor, manager or employee of any pool room in the City to violate any provision of this chapter and any such violation shall be deemed a misdemeanor punishable as set forth in Section 1.01.370 of this Code. .020 Any permit holder whose pool room permit has been revoked by a decision which has become final shall be ineligible to apply for a pool room permit within the City for a period of one year from the date such revocation became final. 4.24.130 FEES Fees for the purpose of defraying the expenses incidental to the processing of applications and appeals shall be amounts established by resolution of the City Council. I SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. 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 4. PENALTY. It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any requirement of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 3rd day of November , 2008, and thereafter passed and adopted at a regular meeting of said City Council held on the 18th day of November , 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Galloway, Kring NOES: NONE ABSENT: Council Member Sidhu ABSTAIN: NONE CITY 01 AHEIM By MAYOR OF THE Ary 3FANAHEIM ATTEST: J, �. '.'/Z CITY CLERK OF THE CITY OIIANAHEIM W1111 ARM AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) SS. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: November 27, 2008 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: November 27, 2008 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION Proof of Publication of SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6122 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 4.24 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE IN ITS ENTIRETY RELATING TO POOL -ROOMS. This ordinance amends Cbapter 4.24 of Title 4 of the Ana- heim Municipal Code in its entirety relating to pool rooms. Chapter 4.24 of Tille 4 of the Anaheim Municipal Code cur- rently requires 4he City Council to consider and act upon applications for pool room permits. For purposes of the or- dinance,. a pool room is generally defined as a business containing three or more pool tabWa for public use,. This amendment eliminates the need for City Council action on pool room permits and provides that such permit appli- cations be processed and acted upon by the City License Collector in a similar manner as entertainment permits are currently handled. The amendment maintains certain con- ditions Tel lathe operation of pool rooms in an effort to ensure that such businesses are operated in a manner that will not promote criminal activities, problems to the com- munity and erdorcement issues for the Police and Code En- forcement Officers. I, Linda N. Andal, City Clerk of the City of Anaheim, do here- by certify that the attached table constitutes a summary of Ordinance No. 6122 which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 3rd day of. November, 2008 and was duty passed and adopted at a regular meeting of said Council on the 18th day of November, 2008 by the following roll call vote of the members thereof: AYES: Mayor Pringgle, Council Members Hernandez, Galloway, Kring NOES NONE ABSENT: Council Member Sidhu ABSTAIN: NONE has been prepared p the City of Anaheim. scribe every provisio relied on as a substih To obtain a copy of contact the Office of 8:00 AM and 5:00 Ph charge for the copy, i. is a f description of the subject teA of Ordinance No. 6722, which u t to Section 512 of the Charter of f summary does trot include or de- rf the ord'mence and should not be for the full text of the ordinance. londay through Friday ere is no t- November27 2008. 9Ot7056