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HomeMy WebLinkAboutORD 01 (2010) UORDINANCE NO. 01 (2010) U AN URGENCY ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING THE ZONING ORDINANCE PROVISIONS GOVERNING LIVE ENTERTAINMENT IN BARS, NIGHTCLUBS AND OTHER VENUES AND AMENDING THE DIAMOND BAR MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF The City Council of the City of Diamond Bar does ordain as follows: SECTION 1. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-5 to replace the Land Use under the heading "Retail Trade Uses" entitled "Bars and nightclubs" with "Bars, cocktail lounges and taverns" as shown in the table below, to replace the Land Use under the heading "Recreation, Education & Public Assembly Uses" entitled "Theaters, auditoriums, meeting halls" with "Theaters and auditoriums" as shown in the table below, and to amend the categories entitled "Community/Cultural Centers," and "Clubs, lodges and private meeting halls" under the heading "Recreation, Education and Public Assembly Uses," "Restaurants" under the heading "Retail Trade Uses," and "Hotels and motels" under the heading "Service Uses," as follows: SECTION 2. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-6 to replace the Land Use under the heading "Retail Trade Uses" entitled "Bars and nightclubs" with "Bars, cocktail lounges and taverns" as shown in the table below, to replace the Land Use under the heading "Recreation, Education & Public Assembly Uses" entitled "Theaters, auditoriums, meeting halls" with "Theaters and auditoriums" as shown in the table below, Permit Requirement by District OP OB CO See Standards in Section: RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Clubs, lodges and private meeting halls CUP CUP CUP 22.42.075 Community/cultural centers CUP CUP CUP 22.42.075 Theaters and auditoriums CUP CUP CUP 22.42.075 RETAIL TRADE USES Bars, cocktail lounges and taverns CUP 22.42.075 Restaurants P P P 22.42.075 SERVICE USES Hotels and motels CUP CUP 22.42.075 SECTION 2. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-6 to replace the Land Use under the heading "Retail Trade Uses" entitled "Bars and nightclubs" with "Bars, cocktail lounges and taverns" as shown in the table below, to replace the Land Use under the heading "Recreation, Education & Public Assembly Uses" entitled "Theaters, auditoriums, meeting halls" with "Theaters and auditoriums" as shown in the table below, auditoriums" as shown in the table below, and to amend the categories entitled "Community/Cultural Centers," and "Clubs, lodges and private meeting halls" under the heading "Recreation, Education and Public Assembly Uses," "Restaurants" under the heading "Retail Trade Uses," and "Hotels and motels" under the heading "Service Uses," as follows: SECTION 3. Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended by adding thereto a new Section 22.42.075 to read as follows: Sec. 22.42.075. Live entertainment/dancing This section establishes standards for live entertainment and dancing. (a) Live entertainment and dancing by patrons, employees and independent contractors is prohibited in bars, cocktail lounges and taverns, motels, and restaurants. (b) Live entertainment is permitted in community/cultural centers, "clubs, lodges and private meeting halls," and hotels only in connection with banquets, parties, and Permit Requirement by District CI C2 C3 I See Standards in Section: RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Clubs, lodges and CUP CUP 22.42.075 private meeting halls Community/cultural CUP 22.42.075 centers Theaters and CUP CUP 22.42.075 auditoriums RETAIL TRADE USES Bars, cocktail CUP CUP CUP 22.42.075 lounges and taverns Restaurants P P P 22.42.075 SERVICE USES Hotels and motels P P P 22.42.075 SECTION 3. Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended by adding thereto a new Section 22.42.075 to read as follows: Sec. 22.42.075. Live entertainment/dancing This section establishes standards for live entertainment and dancing. (a) Live entertainment and dancing by patrons, employees and independent contractors is prohibited in bars, cocktail lounges and taverns, motels, and restaurants. (b) Live entertainment is permitted in community/cultural centers, "clubs, lodges and private meeting halls," and hotels only in connection with banquets, parties, and hotels shall not book a banquet, party or reception involving live entertainment for the same person or organization more than once in any 90 -day period. The banquet or party space in a hotel in which live entertainment is provided must be accessible only through an interior lobby or foyer. (c) Nothing herein prohibits live entertainment in schools, and "theaters and auditoriums" provided that no alcoholic beverages are sold or otherwise made available to patrons or consumed on the premises. (d) This section is inapplicable to adult-oriented businesses, which are governed by Section 22.42.020. (e) This section is inapplicable to religious places of worship. (f) This section is inapplicable to City sponsored events and events approved with a temporary use permit pursuant to Chapter 22.50. (g) Live entertainment approved by conditional use permit and business license prior to January 19, 2010, that does not conform to the provisions of this section and which has been in operation continuously since such approval, may be continued in accordance with the provisions of Chapter 22.68 (Nonconforming Uses, Structures, and Parcels). SECTION 4. Section 22.80.020 of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended by amending the definition of the following terms to read as follows: a. The definition of "Bars and night clubs" is deleted and replaced with the following: "Bars, cocktail lounges and taverns. "Bar" or "cocktail lounge" or "tavern" means an establishment: (1) that sells or offers for sale alcoholic beverages pursuant to a Type 48 license from the Department of Alcoholic Beverage Control, (2) that limits entry to persons 21 years of age or older and (3) where food service, if any, is subordinate to the sale of alcoholic beverages. Does not include a bar area that is an integrated part of a restaurant. May include beer brewing as part of a microbrewery and other alcoholic beverage tasting facilities. Live entertainment and dancing by patrons, employees and independent contractors is prohibited." b. The definition of "Community/cultural centers" is amended to read as follows: "Community/cultural centers. Multipurpose meeting and recreational facilities typically consisting of one or more meeting or multipurpose rooms, kitchen and/or outdoor barbecue facilities available only by way of advance reservation by individuals or groups for activities such as meetings, banquets, parties and receptions. c. The definition of "Indoor amusement/entertainment facilities" is amended by deleting the following category: "Dance halls, clubs and ballrooms" d. A new definition is added to read as follows: "Live entertainment. Any live performance, including but not limited to all forms of music, theatrical or comedic performance, song, dance, karaoke, or vocal entertainment by a disc jockey or announcer, participated in by one or more employees, independent contractors, guests, customers, or any other person or persons. Does not include ambient or incidental music provided for guests or patrons by one (1) non -amplified musician or the use of a radio or other electronic playback device in any establishment, except when utilized by an announcer or "disc jockey" who at any time provides any form of vocal entertainment for the purpose of gaining the attention and interest of, or diverting or amusing guests or patrons, including the announcing of song titles or artists' names." e. The definition of "Restaurant, table service" is amended to read as follows: "Restaurant, table service. An establishment that: (1) sells, or offers for sale, food and beverages during all hours it is open for business primarily by way of table service, (2) prepares food on-site in a kitchen capable of preparing food from its component ingredients and otherwise meets the definition of a "bona fide public eating place" contained in California Business & Professions Code §23038, and (3) does not limit entry to persons 21 years of age or older and service of alcoholic beverages is secondary to service of food. Take-out service is permissible but must — be secondary to on-site table service. Live entertainment and dancing by patrons, employees and independent contractors is prohibited." SECTION 5. Section 5.04.010 of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended by repealing category "(7) Entertainment establishments" and renumbering the categories that follow accordingly, and by amending category "(5) Bars and nightclubs" to read as follows: "(5) Bars, cocktail lounges and taverns." SECTION 6. Section 5.08.040 of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is amended in its entirety to read as follows: Sec. 5.08.040. Bars, cocktail lounges and taverns. (a) For purposes of this chapter, bars, cocktail lounges and taverns shall mean businesses as defined in Section 22.80.020 of this Code. (b) In addition to the information prescribed by section 5.04.020, the application for a license for a bar, cocktail lounge or tavern shall include: (1) The complete standard regulatory business license application including the names and addresses of all responsible operators, managers, and property owner; -- (2) A certified copy of all valid alcohol beverage control (ABC) permits, licenses, and conditions of operation; (3) Security plan requirements. Applicants for businesses that serve alcohol with an occupancy load of 50 or greater are required to submit a security plan. All submitted security plans shall be reviewed and are subject to the approval of the director or his or her designee; and (4) A set of plans stamped "approved" by the Los Angeles County Fire Department which identifies the use and the square footage of the establishment. (c) Operating requirements. (1) Manager required. Any bar, cocktail lounge or tavern shall have a responsible person on the premises to act as manager and supervise employees and independent contractors at all times during which the business is operating. (2) Facility operators. Licensees shall maintain their operations pursuant to the security plan approved by the community development director and within the standards required by the department of alcoholic beverage control. (3) Display of licenses. The business owner shall display the business license in a prominent and visible location. (4) Complaints. An employee of each business owner licensee shall be appointed to address, during hours of operation, all complaints. The name and phone number of the employee shall be posted adjacent to the business license. The business owner licensee shall make reasonable efforts to address each complaint. The licensee shall keep a log of all complaints and follow-up and shall make the information available to city staff upon request. (5) Alcoholic beverages. All new employees of business owner licensees serving alcohol to patrons shall enroll in a certified training program for the responsible service of alcohol. The training shall be offered to new employees on no less than a quarterly basis. (6) Merchandise sales. No business owner licensee shall sell merchandise except inside the establishment. (7) Open doors. No door of any business may be propped open after 6:00 p.m., except for the period during which goods are being delivered to the establishment, and then only if continuously attended by an employee of the business owner. (8) Designated driver signs. Signs recommending the use of a "designated driver" shall be posted at all bar areas and at the entrance and exits to the establishment. The signs shall measure at least six inches by six inches. (9) Joint responsibility for violations and noise control. Violations of this subsection (c) and violations of the noise control ordinance set forth in chapter 8.12 of the Diamond Bar Municipal Code by either the business owner promote, shall be grounds for revocation of the business license. (10) All security personnel must have a California Guard Card and/or must possess a certificate of completion from a Penal Code 832 course instruction within six months of employment. SECTION 7. Section 5.08.050 of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is repealed in its entirety and shall be shown in the Municipal Code as "Reserved." SECTION S. Purpose and findings; Urgency. Currently, the establishment of amusement, entertainment and other specified congregation uses and facilities are permitted in the commercial and office zoning districts subject to compliance with applicable development standards and approval of a conditional use permit if required. The City has received an increased number of complaints in recent years about the secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement. The City Council believes that it is necessary to enact regulations, consistent with State law, governing the operation of live entertainment in order to protect residents and businesses from the harmful secondary effects of these establishments. In order to alleviate and address this threat, this Urgency Ordinance is adopted to enact permanent regulations immediately so that there is no gap between the end of the existing interim ordinance and the effectiveness of new regulations. This Urgency Ordinance is adopted pursuant to California Government Code Section 36937 and shall take effect immediately upon adoption by a four-fifths vote of the City Council. SECTION 9. This Urgency Ordinance is not subject to the California Environmental Quality Act ("CEQA"), as prescribed under Section 15361(b)(3) of the CEQA Guidelines (no potential for causing a significant effect on the environment), therefore, no further environmental review is required. PASSED, APPROVED AND ADOPTED this 19th day of January , 2010. 5AO� - - MAYOR I, Tommye Cribbins, the City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City council of the City of Diamond Bar, California, held on the 19th day of January , 2010, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar, held on the 1 qt -h day of january , 2010, by the following vote: AYES: COUNCILMEMBERS: Chang, Everett, Tanaka, M/Herrera NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED:COUNCILMEMBERS: None Tommye tribbins, City Clerk City of Diamond Bar