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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 -2- 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. -3- 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 -4- 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 --5- 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; W-9 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 -7-. 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. -9- 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 - 10- irf 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