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HomeMy WebLinkAboutMC-1051 Adopted: July 19, 1999 Effective: August 19, 1999 ORDINANCE NO. MC-I051 2 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 3 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 4 ADULT ENTERTAINMENT 5 WHEREAS, the City of San Bernardino, California has reviewed and analyzed numerous 6 studies, reports, articles, judicial decisions, and the experience and legislative findings of other municipalities and counties in Southern California, and around the country concerning the 7 impacts, or "secondary effects" of Adult Businesses (as that term is defined in Chapter 19.06 of this Code) that provide live erotic entertainment where the Performers are nude, partially nude, or 8 clothed in attire commonly referred to as pasties and a g-string; and 9 WHEREAS, in conjunction with the adoption of this Ordinance, the City is adopting an Ordinance relating to licensing requirements for premises offering entertainment not engaging in 10 Adult businesses entertainment; and II 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, 12 safety and welfare; and 13 WHEREAS, the Common Council has previously been presented with evidence of those secondary effects relating to zoning regulations; and 14 WHEREAS, in Barnes v. Glen Theaters (1991) 501 U,S, 560, the United States Supreme 15 Court found it to be constitutionally permissible to prohibit nudity, including public nudity in Adult Businesses, in part due to the secondary effects associated with such public nudity in Adult 16 Businesses which secondary effects include, but are not limited to the increase in prostitution, increase in sexual assaults, increase in the spread of sexually transmitted diseases and the increase 17 in criminal activity; and 18 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 19 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- 20 standing policies and regulations. 21 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 22 SECTION 1. 23 SECTION 2. 24 as follows: 25 //1 26 //1 27 //1 28 Section 5.12 of the San Bernardino Municipal Code is hereby repealed. Chapter 5.14 is hereby added to the San Bernardino Municipal Code to read .' I ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5,12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 Chapter 5.14 ENTERTAINMENT-DANCES AND ADULT ENTERTAINMENT Sections: 5.14.010 5.14.020 5.14.030 5.14,040 5.14.050 5.14.060 5.14.070 5.14.080 5.14.090 5.14.100 5.14.110 5.14.120 5.14.130 5.14.140 5.14.150 5.14.160 Definitions License-Required License-Application and Fees Application Requirements Issue of License-Investigation Additional Regulations- Adult Entertainment License-Non transferable-Posting License-Fee License-Duration Exemptions from filing, processing and license fees Suspension/Revocation of license Appeal Licenses and Fees not Exclusive Exceptions Severability Penalty Definitions. 24 F or the purpose of this Chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended. 23 5,14.010 A. "Dine and dance clubs," and "night clubs," mean and include all hotels, restaurants, 26 cafes, road houses, inns, taverns, bars, or any place open to the public, wherein or whereat beverages, meals or dinners are served, and where the public and patrons thereof may dance, or 27 where entertainers may perform. 25 28 2 I ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT 4 B. A "public dance", "dancing club", or "public dance hall" means and includes any public place open to the public wherein or whereat the public may engage in dancing, including 5 places and dances where admission thereto is by membership or other special privilege. 6 C. "Entertainment" means: 7 I. Any act, play, review, pantomime, scene, dance act, or song and dance act, performed by one or more persons, whether or not such person or persons are compensated for 8 such performance, when the same is performed at a public dance hall, public dance, dancing club, dine and dance club or night club; or 9 10 2. Any fashion or style show, except: a. When the same is conducted by a nonprofit club, organization or 11 association, as a part of the social activities of such club, organization or association to which members of the general public are not invited; or 12 b. When the same is conducted by a person as a part of a commercial 13 business which primarily involves the sale or manufacture of clothing or wearing apparel. 14 3. The following is included in the term "entertainment": The presence of any performer, dancer, employee, agent, model or other person, collectively and/or individually 15 referred to as "entertainer", in any place of entertainment as defined in Sections 5.14.01 O(A) or (B) who engages in any specified sexual activity (as that term is defined in Chapter 19.06 of this 16 Code) not otherwise prohibited by local, State or Federal law, or who exposes any specified anatomical part (as that term is defined in Chapter 19.06 of this Code) not otherwise prohibited by 17 local, State or Federal law, or who performs in attire commonly referred to as pasties or a G-string, or any other opaque covering which does not expose the areola or nipples of the female breast, and 18 while covering the natal cleft and pubic area covers less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area. Entertainment as described in this 19 subsection shall be subject to all regulations as described in Chapter 19.06 of this Code. 20 D, "Notice" means written notice, given by personal service upon the addressee, or, given by United States mail, postage prepaid, addressed to the person to be notified at his or her 21 last known address, Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of the United States Postal Service, 22 E. 23 Chapter. "License" means a license required and issued pursuant to the provisions of this 24 5.14.020 License-Required 25 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, dine 26 and dance club or night club, as the same are defined in Section 5.14,010 without first obtaining a license to do so as provided in this Chapter. 27 III 28 3 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5,14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT 4 5.14.030 License-Application and fees 5 Any person required to obtain a license pursuant to this Chapter shall file a written application therefor with the City Clerk and shall be accompanied by a fee established by 6 resolution of the City Council which shall be no more than necessary to cover the costs of processing and investigation, 7 8 5.14,040 Application Requirements The following information shall be submitted to the City Clerk by the owner at the time of 9 applying for a license: 10 II A. occupancy; A description of all proposed entertainment business activities and anticipated B. A site plan describing the building and/or unit proposed for the entertainment 12 establishment and a fully dimensioned interior floor plan; 13 c. The application shall contain the following information: 14 I. The owner's name, residence street address, and mailing address, if different, and California driver's license number and any and all aliases, 15 16 2. The name under which the entertainment enterprise is to be operated, 3, The telephone number of the enterprise and the address and legal 17 description of the parcel ofland on which the enterprise is located, 18 4. The date on which the owner acquired the enterprise for which the license is sought, and the date on which the enterprise began or will begin operations at the location for 19 which the license is sought, and 20 5. If the enterprise is owned andlor operated by a corporation, or other limited liability entity, or association of persons, the name of each officer andlor director of the 21 corporation, limited liability entity, or association of persons. Ifthe enterprise is owned and or operated by a partnership, the name of each general partner of the partnership; 22 D. A statement under oath that the owner has personal knowledge of the information 23 contained in the application and the information contained is true and correct; 24 E. A statement that the owner has read and understands the provisions of this chapter. 25 F, A statement whether the owner previously operated in this or any other County, City or State under an entertainment establishment licenselpermit or similar business license, and 26 whether the owner has ever had a license revoked or suspended and the reason therefore, and the business entity or trade name under which the owner operated that was subject to the suspension or 27 revocation; 28 4 I ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5,14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT 4 G. If the premises are being rented or leased or being purchased under contract, a copy of such lease or contract shall accompany the application. 5 6 5.14.050 Issue of License-Investigation A. Upon receipt of an application for an entertainment license, the City Clerk shall 7 conduct an investigation to determine if the proposed business is in compliance with the provisions of this chapter. The investigation shall include forwarding copies of the application to 8 the Police Department, Development Services and the Fire Department for their own independent investigation. Each department shall make recommendations as to the issuance or denial of the 9 license and forward said results to the City Clerk within 30 days of receipt of the application, The City Clerk, shall, within 45 days of receipt of a complete permit application, approve and issue the 10 permit if all the requirements of this section have been met. If the City Clerk determines that the application does not satisfy the requirements ofthis chapter, helshe shall deny the application, II I. The applicant shall be served with written notice of the decision, Notice 12 shall be personally served or served by deposit in the United States mail, first class postage prepaid, at the address shown on the application. Service shall be deemed complete upon personal 13 service or deposit in the United States Post Mail. 14 B. Standards for Approval of License, The City Clerk shall approve and issue an entertainment license if the application and evidence submitted show that: 15 I. The operation, as proposed by the applicant, if permitted, would comply 16 with all applicable laws, including but not limited to the City's building, fire, zoning and health regulations; and 17 2. The applicant has not knowingly made any false, misleading or fraudulent 18 statement of fact in the license application process, or on any document required by the City in conjunction therewith. 19 20 21 22 23 24 25 26 27 28 3. If the occupancy limit of that portion of the premises where entertainment is performed is greater than two hundred (200) persons, at least one security guard will be on duty outside the premises, patrolling the grounds and parking areas at all times while the entertainment is provided, An additional security guard will be on duty inside the premises if the occupancy exceeds four hundred (400) persons. The security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of the chapter. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker, or admittance person while acting as a security guard. An additional security guard shall be provided if one security guard is to be utilized for the purpose of conducting searches on patrons. All security guards shall be licensed in accordance with Business and Professions Code 97582, et seq, 4. The premises within which the entertainment is located shall provide sufficient sound absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property or public right-of-way or within any other building or other separate unit within the same building; 5 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5,14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT 4 5, All entertainment described within Section 5,14.010 complies with the additional regulations in Section 5.14.060; 5 6 6, All signage conforms to the standards applicable in Title 19 of this Code; 7. Every place of entertainment shall have a manager on the premises at all 7 times when entertainment is performed; 8 8, The place of entertainment must not operate or be open between the hours of two a.m. and eight a.m" however, the restriction herein imposed applies only to permitting or 9 allowing the public to dance and to the providing of entertainment of any sort other than mechanical music between such hours and is not deemed to prevent or make unlawful the serving 10 of meals or refreshments between such hours; and II 9, All business activities must take place within the enclosed structures, unless otherwise permitted by the City. 12 10. The City Clerk shall impose conditions prior to approval of an application 13 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 14 and safety. Such conditions shall be limited to the following: hours of operation, maximum occupancy, fire and life safety issues, fire suppression, exterior signage prohibiting loitering and 15 littering, location of the business, amount and type of calls for police service in the area, exterior lighting, existence of pubic telephones and security guards. 16 5.14,060 Additional Regulations. 17 The following regulations shall apply to all entertainment described in Section 18 5,14.010(C)(3): 19 A. No operator, entertainer or employee of a place of entertainment shall permit to be performed, offer to perform, perform or allow patrons to perform sexual intercourse, oral or anal 20 copulation, lap or straddle dancing, fondling or stimulation of human genitals, pubic region, buttocks, or female breasts. 21 B. No operator, entertainer or employee of a place of entertainment shall encourage or 22 permit any person upon the premises to lap or straddle dance, touch, caress, or fondle the breasts, buttocks, anus or genitals of any other person. 23 C. If the place of entertainment is licensed to serve alcoholic beverages, the licensee 24 shall abide by the rules and regulations set forth by the California Department of Alcoholic Beverage Control. 25 D. No person shall perform for patrons any entertainment described in Section 26 5,14.0 I O( C)(3) except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no 27 patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer. 28 6 I ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT 4 This subsection shall not apply to individual viewing areas where the stage is completely separated from the viewing area, floor to ceiling, by plexiglass or other clear permanent barrier. 5 6 E. Stage or entertainment areas shall not be open to view from outside the premises. F, Permanent barriers shall be installed and maintained to screen the interior of the 7 premises from public view for each door used as an entrancelexit to the business. 9 8 Q, No exterior door or window shall be propped or kept open at any time during hours of operation; any exterior windows shall be covered with opaque covering at all times. H. No person under the age of eighteen (18) years shall be permitted within the 10 premises at any time during hours of operation. II I. The place of entertainment shall maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be 12 prohibited from either looking into or using the restrooms for females and female patrons and employees shall be prohibited from using the restrooms for males except to carry out the duties of 13 repair, maintenance and cleaning of the restroom facilities. Restrooms shall not contain television monitors or other motion picture or video projection recording or reproduction equipment. 14 1. The premises shall provide separate dressing room facilities for male and female 15 entertainers which are exclusively dedicated to the entertainer's use. 16 K. The licensee shall provide an entrancelexit to the premises for entertainers which is separate from the entrancelexit used by patrons. 17 L. No entertainer shall have physical contact with any patron and no patron shall have 18 physical contact with any entertainer while on the premises. 19 M. All areas of the place of entertainment accessible to patrons shall be illuminated at least to the extent of two foot-candles (measured as units of illuminance), minimally maintained 20 and evenly distributed at ground level. 21 N. Individual viewing areas shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior 22 space of two or more individual viewing areas. 23 24 O. No individual viewing area may be occupied by more than one person at anyone time, p, All individual viewing areas shall be physically arranged in such a manner that the 25 entire interior portion of the individual viewing area is directly visible from aisles and public areas of the premises, Visibility into the individual viewing rooms shall not be blocked or obscured by 26 doors, curtains, partitions, drapes, or any other obstruction whatsoever. 27 28 Q. No patron, guest or invitee shall directly payor give any gratuity to any performer, 7 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5,12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT 4 dancer, employee or model and no dancer, performer, employee or model shall solicit any payor gratuity from any patron. 5 R. No owner or other person with managerial control over an Adult Business (as that 6 term is defined in Chapter 19.06 of this Code) shall permit any person on the premises of the Adult Business to engage in a live showing of the human male or female genitals, pubic area, or 7 buttocks with less than a fully opaque covering, andlor the female breasts with less than a fully opaque covering over any part of the nipple or areola andlor covered male genitals in a discernibly 8 turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered, 9 10 5.14,070 License- N ontransfera ble- Posting No entertainment establishment license shall be sold, transferred, or assigned by any 11 license holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment 12 shall be deemed to constitute a voluntary surrender of such license, and such license shall be thereafter null and void. A license held by an individual in the name of a corporation or 13 partnership is subject to the same rules of transferability as contained above. License shall be valid only for the exact location specified in the permit. Each license shall be posted in a 14 conspicuous place in or upon the premises for which it is issue, and shall be shown to any City Official upon demand. 15 16 5.14.080 License-Fee. A. F or every person, firm, corporation or association of persons conducting, operating, 17 managing or carrying on a public dance, dance hall, dancing club, dine and dance club or night club as the same are defined in Section 5,14.010, the license fee shall be at the rate set by 18 resolution adopted by the Mayor and Common Council. 19 B. Every person, firm, corporation or association of persons operating, conducting, or carrying on a public dance where the owner, manager or operator does not operate, conduct or 20 carry on a public dance at least one night in each month, shall pay a license fee at the rate set by resolution adopted by the Mayor and Common Council. 21 22 5.14.090 License-Duration. Licenses issued pursuant to this Chapter shall be valid for a period of one year or until 23 revoked or abandoned. 24 5.14.100 Exemptions from filing. processing and license fees 25 A. A bona fide church, nonprofit organization or charitable organization recognized as such under state law, bona fide lodge, fraternal organization or fraternal society which carries on 26 such dances solely for the amusement or entertainment of its bona fide members, or for the purpose of securing funds for such organization for its own operating needs or for charitable 27 purposes, shall be exempt from payment of filing, processing and license fees. 28 8 .' I ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5,14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT 4 5.14,110 Suspension/Revocation of license 5 The City Clerk shall suspend or revoke a permit issued under the provisions of this chapter 6 for any of the following reasons: A. The licensee has ceased to meet the requirements for issuance oflicense; 7 B. The applicant gave materially false, fraudulent or misleading information on the 8 application; 9 C. The operation, as conducted by the licensee, does not comply with all applicable laws, including, but not limited to, the City's building, fire, zoning and health regulations; 10 D. Excessively loud music or noise from the establishment for which the permit was II issued interferes with the peace and quiet of the neighborhood; 12 E. The place of entertainment has been operated in violation of any of the requirements of this chapter. 13 F. The license holder is convicted of a felony or misdemeanor occurring upon, or 14 relating to the premises or lot upon which the place of entertainment is located which offense is classified by the State as an offense involving any sexual crime against children, sexual abuse, 15 rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under 16 California Penal Code 290, or any violation of Penal Code Sections 243,3, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288 a, 311 through 311.10, inclusive, 314, 17 3l5,3160r647;or 18 G, If any person or persons is (are) convicted of a felony or misdemeanor for an offense set forth in subsection (F) of this section as a result of such person's activity on the 19 premises or property on which the place of entertainment is located, and the person or persons were employees, contractors or agents of the place of entertainment at the time the offenses were 20 committed. 21 5.14.120 Appeal 22 A. Any applicant aggrieved by the decision of the City Clerk with reference to the issuance, conditional issuance, denial, suspension, or revocation of a license, may appeal to the 23 Hearing Officer for the City of San Bernardino, appointed by the Mayor. 24 B, The right to appeal to the Hearing Officer from the denial, suspension or revocation of any license required by this chapter shall terminate upon the expiration of fifteen (15) days 25 following the deposit of a certified letter in the United States Post Office advising the applicant of the action of the City Clerk and of his or her right to appeal such action to the Hearing Officer. 26 C. The hearing shall be held within twenty (20) days of the receipt by the City Clerk 27 of the appeal, or at the next regularly scheduled meeting of the Hearing Officer, whichever is 28 9 I ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT 4 sooner. 5 D, The Hearing Officer shall render hislher decision within five days from the date of the hearing. The decision of the Hearing Officer shall be final and conclusive and shall not be 6 subject to appeal to the Mayor and Common Council. Pursuant to Code of Civil Procedure S I 094.6, any action to review the decision of the Hearing Officer shall be commenced not later 7 8 than the ninetieth day after the Hearing Officer's order is rendered. E. The Hearing Officer shall take all lawful steps to insure that any applicant whose 9 permit has been denied pursuant to this chapter shall be afforded prompt judicial review of the Hearing Officer's decision to deny the permit. 10 II 5.14.130 Licenses and Fees Not Exclusive Fees and licenses required by this chapter shall be in addition to any license, permit or fee 12 required under any other chapter of this Code, 13 5.14.140 Exceptions 14 The provisions of this chapter shall apply prospectively and shall not operate to revoke any valid live entertainment license in effect as of the date ofthe ordinance codified in this chapter, 15 The provisions of this chapter shall not be deemed to require an entertainment license for the following: 16 A. For the use of a radio, record player, juke box or television receiver in any 17 establishment; 18 B. For the use of a piano or organ in any establishment; 20 19 C. For any entertainment provided for members and their guests at a private club where admission is not open to the public; D. For the playing of background music by any electronic means or instrument in 21 conjunction with the service and consumption offood. 22 5,14.150 Severability 23 In the event that any provision of this Ordinance, or any part thereof, or any application thereofto any person or circumstance, is for any reason held to be unconstitutional or otherwise 24 invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining provisions of this Ordinance, 25 or any part thereof, or any application thereofto any person or circumstance or of said provision as applied to any other person or circumstance, It is hereby declared to be the legislative intent of the 26 City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. 27 III 28 10 I ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5,12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5,14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT 4 5.14.160 Penalty 5 Any person who violates, neglects, or refuses to comply with, or assists or participates in any way in the violation of any ofthe provisions or requirements of this Ordinance or of any of the 6 provisions or requirements of any Entertainment License, shall be guilty of a misdemeanor. 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5,12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 5 joint Common Council of the City of San Bernardino at areqular meeting thereof, held on 6 the 19 tflay of July, 1999, by the following vote, to wit: 7 COUNCIL MEMBERS: 8 ESTRADA 9 LIEN 10 MCGINNIS 11 SCHNETZ 12 Vacant 13 ANDERSON 14 MILLER 15 16 17 AYES NAYS ABSTAIN ABSENT x x x x x x ~k,~;C~ 18 The foregoing ordinance is hereby approved this 19 tl'Iay of July_, 1999. 19 20 21 22 Approved as to 23 form and legal content: 24 25 26 By: 27 28 12 SUMMARY OF ORDINANCE NO. MC-1051 Ordinance of the City of San Bernardino repealing Chapter 5.12 of the San Bernardino Municipal Code relating to entertainment-dances and adding Chapter 5.14 to the San Bernardino Municipal Code relating to entertainment-dances and adult entertainment, Said ordinance repeals Chapter 5.12 and adds Chapter 5.14, Entertainment-Dances and Adult Entertainment, to the San Bernardino Municipal Code. The ordinance enumerates the requirements, processes and conditions in which the City Clerk, with investigation input from the Police Department, Department of Development Services and the Fire Department, reviews, denies and grants applications for entertainment licenses, including license applications for adult entertainment. Adopted: Effective: July 19, 1999 August 19, 1999 VOTE AYES: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. NAYS: None. ABSENT: None. Vacant: Fifth Ward Council Member. FULL TEXT OF THIS ORDINANCE IS A V AILABLE IN THE CITY CLERK'S OFFICE JUDITH V ALLES - MAYOR RACHEL G. CLARK - CITY CLERK Approved by: "">-? ,fJ~ es F. Penman, City Attorney