HomeMy WebLinkAboutORD 02 (2010)ORDINANCE NO. 02(2010)
AN 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
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, 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:
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, 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 receptions.
Community/cultural centers, "clubs, lodges and private meeting halls" 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 i;
provided must be accessible only through an interior lobby or foyer. —
Permit Requirement by District
C1
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 receptions.
Community/cultural centers, "clubs, lodges and private meeting halls" 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 i;
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 persor
on the premises to act as manager and supervise employees and independent contractors at al
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."
PASSED, APPROVED AND ADOPTED this 2nd_ day of February—, 2010.
CAROL HERRERA, 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 2nd day of February
2010, by the following vote:
AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST-
Tommyd Cribbins, City Clerk
City of Diamond Bar