HomeMy WebLinkAboutMC-1100
Adopted: July 23, 2001
Effective: August 23, 2001
I ORDINANCE NO. MC-llOO
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.14.010,5.14.020,5.14.040 AND 5.14.050 OF CHAPTER 5.14 OF THE
3 SAN BERNARDINO MUNICIPAL CODE RELATING TO
ENTERTAINMENT - DANCES AND ADULT ENTERTAINMENT
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5 WHEREAS, the Common Council has previously found that there are significant and serious
secondary effects from Adult Businesses that justifY regulation to protect the public health, safety
6 and welfare; and
7 WHEREAS, the Common Council has previously been presented with evidence of those
secondary effects relating to zoning regulations; and
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WHEREAS, the Common Council has been presented with facts and information by the San
9 Bernardino Police Department to support the need for advanced, detailed notification of concerts,
or the gathering and playing ofband(s) and/or musical groups ("entertainment events"), so that the
10 public safety resources of the City of San Bernardino can be more effectively planned and utilized
when such concerts and/or entertainment events are scheduled relative to other simultaneous public
II safety needs; and
12 WHEREAS, the Common Council has also been presented with facts and information by the
San Bernardino Police Department to support the need for enhanced regulations for maintenance
13 provisions, clean-up provisions and noise control provisions in that such past concerts and
entertainment events have resulted in crowd control and noise control problems, as well as clean-up
14 expenditures by the City; and
15 WHEREAS, the City of San Bernardino has for many years engaged in rigorous, firm, and
effective policies and regulations relating to uses and activities that could have adverse impacts on
16 the continued stability and vitality of the residential and business areas of the City, and the
regulations imposed by this Ordinance, are a continuation of and consistent with those long-standing
17 policies and regulations.
18 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. Section 5.14,010 of the San Bernardino Municipal Code is hereby amended
20 in Subsections B and CI to now read as follows:
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B.
A "public dance", "dancing club", or "public dance hall" means and includes
any place open to the public wherein or whereat the public may engage in
dancing as a result of the entertainment provided, including places and dances
where admission thereto is by membership or other special privilege.
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C. "Entertainment" means:
1.
Any act, play, review, pantomime, scene, dance act, song and dance act,
concert, or gathering and playing ofband(s) and/or musical groups,
performed by one or more persons, whether or not such person or persons
are compensated for such performance, when the same is performed at
a public dance hall, public dance, dancing club, dine and dance club or night
club; or
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28 SECTION 2. Section 5.14,020 of the San Bernardino Municipal Code is hereby amended
HTClORD.ENT]
MC-llOO
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5.14.020
I to now read in its entirety as follows:
License-Required
3 It is unlawful for any person, firm, corporation or association of persons, to operate,
conduct or carry on any act of entertainment, public dance hall, public dance, dancing club,
4 dine and dance club or night club, as the same are defined in Section 5.14.0 I 0 without first
obtaining a license to do so as provided in this Chapter. Notwithstanding the first sentence
5 of this section, the requirements of this Chapter do not apply to not-for-profit Internal
Revenue Code S501(c)(3) religious organizations, religious assemblies or institutions, or the
6 religious exercise of a person, or to schools, school districts and/or institutions of higher
learning,
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SECTION 3. Section 5.14.040 of the San Bernardino Municipal Code is hereby amended
8 in Subsection B to now read as follows:
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B.
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6.
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A site plan describing the building and/or unit proposed for the entertainment
establishment, a fully dimensioned interior floor plan, and the following information:
1.
Entry Program -- For each type of event, the entry program will describe
how patrons will enter the entertainment establishment, including a map of
the proposed waiting line, estimated length of time a waiting line will exist,
security searches or identification verification at entrance,
2.
Map Showing Parking And Loading Areas -- An area plan shall be submitted
identifying parking areas to be used by customers, including the number of
spaces available, and loading areas to be used by the entertainers,
Security Company Staffing And Equipment -- For each type of event, the
number of security guards, their responsibilities and equipment to be used,
3.
4.
Maintenance Provisions -- For each type of event, the need and number of
trash receptacles, crowd control barriers, and sanitation facilities,
5,
Clean-Up Provisions -- For each type of event, description ofthe need for and
provision of area clean-up, and
Noise Control Provisions -- For each type of event, description of how the
noise standards of this ordinance shall be met.
21 Section 4. Section 5,14.050 of the San Bernardino Municipal Code is hereby amended in
Subsection B by amending 10 to now read as follows:
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10.
The City Clerk shall impose conditions prior to approval of an application
which are deemed necessary by the Police Department, Development
Services, and the Fire Department to insure compliance with the provisions
of this Chapter or to protect the public health and safety. Such conditions
shall be limited to the following: hours of operation, maximum occupancy,
fire and life and public safety issues, fire suppression, exterior signage
prohibiting loitering and littering, clean-up of premises, location of the
business, amount and type of calls for police service in the area, exterior
lighting, existence of public telephones and security guards. The conditions
imposed shall include the posting of a bond or cash equivalent for the clean-up
of premises, dependent upon the physical condition of past premises as a
result of past entertainment events of applicant.
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MC-llOO
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.14.010,5.14.020,5.14.040 AND 5.14.050 OF CHAPTER 5.14 OF THE
2 SAN BERNARDINO MUNICIPAL CODE RELATING TO
ENTERTAINMENT - DANCES AND ADULT ENTERTAINMENT
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council ofthe City of San Bernardino at a joint reg. meeting thereof, held on the
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n... day of July
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COUNCIL MEMBERS:
7
ESTRADA
8
LIEN
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MCGINNIS
10
SCHNETZ
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SUAREZ
12
ANDERSON
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MC CAMMACK
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, 200 I, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
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,4avd./>/JvcpdtY; cv Df Ll, :' f
City Clerk I r I
The foregoing Ordinance is hereby approved this )~1ay of July
,2001.
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JU ALLES, Mayor
(' ofS~ Bern""'"
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Approved as to form
24 and legal content:
25 JAMES F, PENMAN
City Attorney
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