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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 4 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 8 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: 19 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: 21 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. 22 23 24 25 26 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 27 28 SECTION 2. Section 5.14,020 of the San Bernardino Municipal Code is hereby amended HTClORD.ENT] MC-llOO 2 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, 7 SECTION 3. Section 5.14.040 of the San Bernardino Municipal Code is hereby amended 8 in Subsection B to now read as follows: 9 10 II 12 13 14 B. 15 16 17 18 19 6. 20 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: 22 23 24 25 26 27 28 HTcrORD.ENT) 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. 2 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 3 4 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 5 n... day of July 6 COUNCIL MEMBERS: 7 ESTRADA 8 LIEN 9 MCGINNIS 10 SCHNETZ II SUAREZ 12 ANDERSON 13 MC CAMMACK 14 15 , 200 I, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x ~ ~ ~ ~ ~ ~ 16 17 18 19 ,4avd./>/JvcpdtY; cv Df Ll, :' f City Clerk I r I The foregoing Ordinance is hereby approved this )~1ay of July ,2001. 20 -' e'___ JU ALLES, Mayor (' ofS~ Bern""'" 21 22 23 Approved as to form 24 and legal content: 25 JAMES F, PENMAN City Attorney 26 HTC[ORD.ENT] 3