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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lee Dean, Chief of Police
Dept: Police Department 0 r ~ 1'. , " l L
h'\,r,IIH\
Subject: Ordinance of the Mayor and
Common Council of the Gty of San
Bernardino amending certain sections of
Chapter 5.14, the Entertainment Ordinance
Date: April 11, 2001
Synopsis of Previous Council Action
7-12-99
Council adopted emergency Entertainment Ordinance, MC 1050.
7-19-99
Council adopted Entertainment Ordinance pertaining to dances and adult
entertainment, MC 1051.
2-20-00
Council adopted revisions to Entertainment Ordinance
Recommended Motion:
That said ordinance be laid over for final adoption.
~~
MIKE BILLDT, ASSISTANT CliIEF OF POLICE
Contact person:
Susan Lien, Chairperson, Legislative Review Committee
Supporting data attached: Yes
Ward: All
FUNDING REQUIREMENTS:
None
Finance
Cwncil Notes:
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aTY OF SAN..BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Ordinance of the Mayor and Common Council of the City of San Bernardino amending certain
sections of Chapter 5.14, the Entertainment Ordinance.
BACKGROUND
The Common Council referred the issue of disruptive public events to the Legislative Review
Committee for further study following the Mayor's executive order for events on public
property. At the 8-28-00 Legislative Review Committee meeting, Chairwoman Councilwoman
Susan Lien distributed an ordinance enacted by the City of Pomona on 7-24-00 restricting and
limiting entertainment events in the downtown area.
Pomona enacted the ordinance due to difficulties with occasional or one-time events, which
impacted city services and generated liability for that city. Councilwoman Lien distributed this
ordinance for review by the Police Department and Office of the City Attorney.
Specifically, Pomona's ordinance established a history of public events in the downtown area
exceeding 200 persons on private property that:
· Resulted in a proliferation of calls for service that disportionately taxed the available
resources of the police department.
· Resulted in incidents of violence at and in proximity of these events.
· Generated nllII1,erous complaints regarding vandalism to public and private property, graffiti,
noise, traffic congestion, curfew violations, and illegal drug and alcohol activities.
· The lack of facilities, restrooms and parking, to handle large events.
· It posed a significant threat to the preservation of public peace, health, safety, and welfare.
FINDINGS
1. The Police Department's Crime Analyst Kim Sayano compared and contrasted all the
reporting districts in the City of San Bernardino. We discovered that those reporting districts
which have traditionally hosted concerts and/or organized parties or gatherings have had
significantly more police calls for service, arrests, and Part I violent crimes than other
reporting districts. These reporting districts were clustered primarily in the downtown area.
2. Those gatherings, concerts or organized events where the police department and the City of
San Bernardino participated in the pre-planning of events had less arrests, Part I crimes, and
calls for service than spontaneous, non-coordinated events where the City and police
department didn't participate in the planning prior to the event.
3. Where the City and police department provided suggestions and input concerning traffic,
parking, security concerns, and other public safety related suggestions, the number and level
of criminal and narcotics activity was less than events that occurred WithOl't the City or the
police department's participation. Communication and coordination with the event vendors
in the area of environmental concerns; i.e., clean-up, noise, creates a more cooperative
relationship and ensures a safe and profitable event, e.g. Route 66, Black History, and Red
Ribbon parades, etc.
4. Incorporating the attached recommendations to the existing City ordinance would improve
and tighten our applicant review and evaluation process.
FINANCIAI_ IMPACT
All costs created by additional security or law enforcement presence, clean up provisions, public
maintenance of traffic control provisions would be borne by the event promoter under revisions
to the Entertainment Ordinance. The City could charge the vendor under this ordinance or utilize
the extra-ordinary law enforcement ordinance to recover any costs Over and above normal city
operations.
RECOMMENDATION
That said ordinance be laid over for final adoption.
ATTACHMENTS
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To:
Legislative Review Committee
From:
Michael Kinsman, Investigations Captain
Subject:
Research on Pomona Ordinance's Implementation Thresholds
Date:
January 10, 2001
Copies:
Fred Wilson, City Administrator
Pursuant to your request I instructed the Crime Analysis Unit to compare and
contrast the baseline implementation criteria used by Pomona for San
Bernardino. Based on the CAU analysis the top 10 Crime Reporting Districts for
Calls for Police Service, felony arrests, and Part 1 criminal offenses, (homicides,
aggregated assaults, rapes robberies, property crimes and auto thefts) are
located in the Downtown Corridor bordered by Interstate 215, to Waterman Ave.
and Rialto to Gilbert Streets.
Historically, we don't track events (concerts, parades, large gathering or parties,
etc.) based on the number of attendees. Many larger events are generally
problem free, e.g. Black History or Red Ribbon parades, Route 66, soccer
matches, etc. Individual Area Commands generally track events where the
Extraordinary Law Enforcement ordinance is applied however, Area
Commanders/COP offices do not routinely track or record events held in their
Area Command for 200+ people in attendance.
Example: A party of maybe 10 people who are causing an inordinate amount of
noise and causing neighbors to call for police assistance multiple times during
the event, will be recorded. However, an event hosting 200+ people may not be
recorded in their records, but they do note those events where officers are
sometimes called multiple times in the course of one event.
Therefore the Area Commands' data is about 60% accurate. As such, the ability
for the Crime Analysis Unit (CAU) to conduct a detailed an accurate study of
events hosting 200+ people in attendance is infeasible because it would require
their office to hand research these events citywide in detail.
In an attempt to at least give the Committee a point of reference, CAU is enlisting
the assistance of the Area Commanders/COPs to identify those events they
believed to be in excess of 200 patrons but that data is still being compiled. CAU
ran a rough program on Calls for Service and Crime Statistic searches for the
Reporting Districts (RDs) of the location of the events both preceding, during,
1HE SB,'D IS .X)M!.1!TfEI) TO PROVIDING.
PROGRESSrv;: Q'JAJIY POllCE SERVICE;
A SAFE ENVlRONMENTTO IMPROVE 1HE QUA1IIY OF LIFE;
A REDUCTION IN CRIME TIiROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING
Page 2
and following some of the events to determine if there was an increase. The
following is a brief synopsis of CAU's preliminary findings of your request on data
for presentation regarding the proposed adoption or modification to our existing
Entertainment Ordinance.
Attached please find a list of highlights discovered in the course of this
preliminary study which focused on the National Orange Show and Masterdome
events since data was more readily available for these large crowd gatherings.
· Research .on the area immediately surrounding the National Orange Show
grounds for some of the dates that a Rave Concert was held in 1999 to
May 2000 revealed some of the following key points:
· Rave concerts generated a total of 284 Calls for Service to RD
S3190 for the dates concerts were held.
· 42 Calls for Service are the average for non-Rave concert dates for
RD S3190.
· The average number of Calls for Service for a Rave Concert for the
RD was 26.
· The average number of Calls for Service for a non-Race concert
date was 4.
· These numbers do NOT include any additional costs
incurred by our Department in the form of officers and/or
Administrative Sergeants having to work over-time to provide
extra law enforcement to these events.
· In addition, it is typical for the businesses owners of the
surrounding business establishments to find heavy
vandalism the days preceding and following a Rave concert
which generates additional calls and reports after the event.
· Research on the area immediately surrounding the Masterdome for May 1
- May 31, 2000 revealed that Part I offenses did increase with the
occurrence of a rave concert.
· The Masterdome is located at 137 South G Street. During the
aforementioned time span, the following crimes occurred in the 100
block of South G Street:
. 1 Robbery
· 2 Aggravated Assaults (both at the location)
. 12 Vehicle burglaries
. 11 at 137 South G Street
. 1 in the 100 block of South G Street
. 1 Larceny (occurred at 187 South G Street)
Page 3
Conclusion:
Both the National Orange Show and MasterDome have land use agreements
that predate our current zoning and conditional use ordinances therefore
disruptive events must be handled on a case by case basis. I recommend
modifying our existing Temporary Use and Entertainment ordinances to
incorporate these aspects of Pomona's ordinance which would improve and
tighten the applicant review and evaluation process.
March 20, 1999 National Orange Show Rave Concert 4,000 attendees
March 27, 1999 National Orange Show Rave Concert 1,800 attendees
April 11, 1999 National Orange Show Car Show 5,000 attendees
April 17, 1999 National Orange Show Rave Concert 8-10,000 attendees
May 27-31, 1999 National Orange Show Orange Show unknown
July 17, 1999 National Orange Show Rave Concert 7,500 attendees
October 16, 1999 . National Orange Show Rave Concert 720 attendees
November 6, 1999 National Orange Show Rave Concert 2,000 attendees
February 6, 2000 National Orange Show Car Show 7,000 attendees
March 18, 2000 National Orange Show Rave Concert 28,000 atteridees
April 15,2000 National Orange Show Rave Concert 22-25,000 attendees
May 13, 2000 National Orange Show Rave Concert 7,000 attendees
May 25-29, 2000 National Orange Show Orange Show unknown
June 3, 2000 National Orange Show Skate Jam 2000 5,000 attendees
June 17, 2000 National Orange Show Summer Roast 3-400 attendees
July 15, 2000 National Orange Show Hot Import Night 7,000 attendees
August 12, 2000 National Orange Show Tattoo the Earth 12,000 anticipated
August 27, 2000 National Orange Show Concert/Car Show 12,000 anticipated
September 16, 2000 National Orange Show Concert 20,000 anticipated
Sept 29-0ct I, 2000 National Orange Show S.O. Rodeo unknown
October 7, 2000 National Orange Show Smokeout 55,000 attendees
October 7, 2000 Chaparral Motor Sport Plot Sale anticipated 15,000
November 17, 2000 Stampede Stadium Concert 3,000 attendees
,. ,"
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To: Captain Kinsman, Investigations Commander
From: Kim Sayano, Crime Analyst ~
Subject: RD Analysis for Pomona Ordinance
Date: November 15, 2000
Copies: Lieutenant Mankin
Pursuant to your request, I have conducted research into the total number of
Calls for Service, Arrests, and reported Part I Crime for calendar year 1999 for
each Reporting District (RD) throughout the city. Below are some key points that
became apparent during the course of this study:
· There is a total of 205 Reporting Districts
· The average of the total of CFS, arrests, and Part I Crimes for an RD was
873.
· The top 10 RDs are listed as follows:
Reporting District (RD) Total of CFS, Arrests, Part I Crimes
S1040 5,383
S1270 5,157
S1280 4,264
S3070 3,191
S1130 3,107
S1220 2,986
S1210 2,586
S2180 2,501
S4110 2,471
S3020 2,451
Based on the above data table, it became apparent that the Downtown
business district of the city formed the majority of the highest area (please
see attached map).
Please note that the RD containing the Central Police facility was omitted
from this study as well as the two malls and large shopping centers such as
Target and Walmart.
lHE SBrD IScOMMmED TO PROVJ"~ .
PROGRESSNE QUALITY POllCE srI '
A SAFE ENVIRONMENT TO IMPROVE lHE QL .,.' c.- ..';'E;
A REDUCTION IN CRIME TIlROUGH PROBLEM RECOGNml,. l,:,'1> PROBLEM SOLVING
BOLD-FACED AND STRIKE-OUT VERSION SHOWING CHANGES
FROM CURRENT WORDING IN CHAPTER 5.14
5.14.010
Definitions
B. A "public dance", "dancing club", or "public dance hall" means and includes
any pttblie 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.
C. "Entertainment" means:
1.
Any act, play, review, pantomime, scene, dance act, 61' song and dance act,
concert, or gathering and playing of band(s) andlor 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
5.14.020
License-Required
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 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. Notwithstanding the first sentence
of this section, the requirements of this Chapter do not apply to not-for-profit Internal
Revenue Code ~501(c)(3) religious organizations, religious assemblies or institutions,
or the religious exercise of a person, or to schools, school districts andlor institutions
of higher learning.
5.14.040
Application Requirements
B. 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,
3.
Security Company Staff'mg And Equipment -- For each type of event, the
number of security guards, their responsibilities and equipment to be
used,
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
6.
Noise Control Provisions -- For each type of event, description of how the
noise standards of this ordinance shall be met.
5.14.050
Issue of License-Investigation
B. Standards for Approval of License. The City Clerk shall approve and issue an
entertainment license if the application and evidence submitted show that:
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
c1ean.up of premises, dependent upon the physical condition of
past premises as a result of past entertainment events of applicant.
Adopted: July 23. 2001
Effective: August 23. 2001
~(Q)[PV
I ORDINANCE NO. Me-l100
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 ADUL T 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
11 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 C I 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.
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
28 SECTION 2. Section 5.14.020 ofthe San Bernardino Municipal Code is hereby amended
H-rC[ORD.ENT]
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to now read in its entirety as follows:
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5.14.020
License-Required
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 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. Notwithstanding the first sentence
of this section, the requirements of this Chapter do not apply to not-for-profit Internal
Revenue Code 9501 (c )(3) religious organizations, religious assemblies or institutions, or the
religious exercise of a person, or to schools, school districts andlor institutions of higher
leaming.
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
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B.
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,
13
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,
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3.
Security Company Staffing And Equipment -- For each type of event, the
number of security guards, their responsibilities and equipment to be used,
Maintenance Provisions -- For each type of event, the need and number of
trash receptacles, crowd control barriers, and sanitation facilities,
4.
5.
Clean-Up Provisions -- For each type of event, description of the need for and
provision of area clean-up, and
6.
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:
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.
HTC[ORD.ENT)
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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
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 of the City of San Bernardino at a
meeting thereof, held on the
_ day of
,2001, by the following vote, to wit:
COUNCIL MEMBERS:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MC CAMMACK
AYES
NAYS
ABSTAIN ABSENT
City Clerk
The foregoing Ordinance is hereby approved this _ day of
,2001.
JUDITH V ALLES, Mayor
City of San Bernardino
23
Approved as to form
24 and legal content:
25 JAMES F. PENMAN
City Attorney
26
HTC[ORD.EN-r]
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. ->"'. RECORDS & INFORMATION Ml\NAGEMENT PROGRAM .
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AGENDA ITEM TRACKING FORM
Meeting DatelDate Adopted: 7/;;1. '3 / ~ I Item No.
t I
Resolution/Ordinance No. Ate - 110(;)
Effective Date: R-:J.3 -(!;) I
.
Ayes: :J) J, ~ ~ t., 7
Abstai,," 0
Date Sent to Mayor: 7-;).. v- (;) /
Date of Mayor's Signature: 7-;) 1.(- 0 I
Date Summary Sent to Attor ey: ?-;t-o
Date Published: 7 0
Meeting Type: e . /\ ~tt----'
Continued FromITo & Item No.
Ordinance Urgency: Yes
T arm i nation/Sunset Date:
Nays:
Absent:
o
/
.
7-':)<(- o(
;-.:) </- 01
7 -:J </--0 (
Vote:
Date Returned from Mayor:
Date of Clerk's Signature:
Date Summary Returned from Attorney:
Date Seal Impressed:
7-:;;'1.-01
Date Sent for Signature:
Expiration Date:
Copies Distributed To:
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Notes: 1'/"%--( /d_ - ~aJ.
Yes
?-L~-CJI laC
, --
No
Ready to File:
Date:
DOCt.JMEN1' lOCA~
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