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HomeMy WebLinkAbout38.123 ORDINANCE NO. 38. 123 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING DIVISION 40]F ARTICLE I, CHAPTER 4 OF THR CITY CODE BELATING TO PUBLIC DANCES AND DANCE HALLS The City Council of the City of Saratoga does ordain as follows: SECTION 1: Division 4 of Article I, Chapter 4 of the City Code is amended to read as follows: "Division 4. Public Dances and Dance H.ll-~ 4-34. Definitions 4-35. Location 4-36. License Required 4-37. Application for License 4-38. Investigation by City Manager and R~ferral to Planning Commission 4-39. Public Hearing by Planning Commission 4..40. Action by Planning Commission; Findings Required; Conditions 4-41. Action by City Manager 4-42. Duration, Renewal and Transferability of License 4-43. Exclusion of Intoxicated or Disorderly Persons 4-44. Modification or Revocation of License 4-44.1. Appeal to City Council 4-44.2. Infraction Offense See. 4-34, Definitions and exclusions As used in this Division, the following terms shall have the meanings ascribed to them by this section: {a) Public Dance. Ady dance to which the general public is admitted upon the payment of any fee or charge of admission whatever, or for which tickets, invitations or other admission devices are sold or offered for sale to the general public, or which is given or conducted in connection with the sale of food or beverages in restaurants, taverns, eafes, hotels or any other business establishment to which the general public is admitted, or conducted in connection with the operation for profit of any other amusement or entertainmen~ activity to which the general public is admitted. (b) Public Dance Hall. Any hall, room or place in which a public dance is conducted. {e) Exclusions. For the purposes of this Division, the terms "public dance" and "public dance halr' shall not include or apply to any of the following: (1) A dance conducted upon or within any building, facility, park, plaza or other property owned by the city where such dance is conducted by or with the permission of the city. Rev. 10/18/84 -1- (2) A dance conducted by and within the premises of any school, college or other educational institution. (3) A dance conducted by any nonprofit social, fraternal, religious, educational or charitable organization, provided such dance is not conducted on a regular basis. A dance shall be deemed to be conducted on a regular basis if held more frequently than twice a year. See. 4-35. Location No public dance shall be conducted and no public dance hall shall be operated at any location in the city except within the C-C or C-V Zoning Districts. See. 4-36. License required No person shall conduct a public dance or operate a public dance hall in the city without first obtaining a license pursuant to this Division. See, 4-3Y. Application for license (a) Application for a license shall be made to the City Manager on such form as he may prescribe, which shall include the following data: (1) Name and address of the applicant. (2) Name and address of the owner of the property on which the public dance will be conducted, if other than the applicant. (3) Address or other description of the property on which the public dance will be conducted. (4) The dates, days or frequency and times of day when public dancing will be conducted. (5) The anticipated number of people attending the public dance. (6) Whether alcoholic beverages of any kind x~ill be served at the premises. (7) Whether music will be provided by live entertainers or recording devices or any combination thereof. (b) The application shall be accompanied by the following: (1) An accurate scale drawing of the property on which the public dance will be conducted and the surrounding area for a distance of at least five hundred feet from each boundary of the site, showing the location of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawings. Rev. 10/18/84 -2- (2) An accurate description of the building or structure to be utilized for the public dance, including a scale drawing of the floor plan. (3) A description and scale drawing of any alterations, additions or improvements the applicant desires to construct or install prior to the conduct of the public dance. (4) Payment of a fee to the city for processing the application, in an amount equal to the fee then charged on applications for use permits under Article 16 of the Zoning Ordinance. See. 4-38. Investigation by City Manager and referral to Planning Commission Upon receipt of the application and other documents and the fee as required in Section 4-37, the City Manager shall make an investigation of the application and submit a report thereon to the Planning Commission. In connection with such investigation, the City Manager shall have the application reviewed by such departments and agencies as he deems appropriate, including, but not limited to, the following: (a) The County Sheriff, for determination as to moral character and background of the applicant. (b) The County Health Department, for determination as to the sanitary condition of the premises. (c) The city Department of Community Development, for determination as to compliance of the premises with building codes, zoning requirements and other rules, regulations and ordinances. (d) The city Community Service Officers for determination of any potential code enforcement problems from issuance of the requested license. See. 439. Public hearing by Planning Commission (a) The city Planning Commission shall conduct at least one public hearing on the application. Notice of the hearing shall be given not less than five days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the latest available tax roll of Santa Clara County as owning property within five hundred feet of the boundaries of the property on which the public dance will be conducted. A notice of the hearing shall also be conspicuously posted upon the property and published at least once in a newspaper having general circulation in the city. (b) At the public heaving, the Planning Commission shall review the application and accompanying documents, the report from the City Manager and other departments or agencies, and shall receive evidence from the applicant and any other interested persons concerning the proposed license and any conditions pertaining thereto. See, 4-40. Action by Plsnning Commission; findings required; conditions (a) The Planning Commission may g"cant the application for a Rev. 10/18/84 -3- license as applied for or in modified or conditional form if, on the basis of the application and the evidence submitted, the Planning Commission makes all of the following findings: (1) The property on which the public dance will be conducted and the operation thereof as a public dance hall complies with all building, zoning, fire, health and safety codes and any other applicable statutes, ordinances, rules or regulations. (2) The proposed location of the public dance is in accord with the objectives of the zoning ordinance and the purposes of the district in which the site is located. (3) The public dance and the conditions under which it will be conducted will not be detrimental to the public health, safety or welfare, or injurious to properties in the vicinity or disturbing to the occupants thereof. (b) The Planning Commission shall have authority to impose such conditions as it deems appropriate to be satisfied for issuance or continuation of a license, including, but not limited to, the following: (1) Modification of the premises, including structural changes. (2) On-site parking requirements in excess of the requirement prescribed in the zoning ordinance, if it appears additional parking is needed to accommodate the number of persons expected to attend the public dance. (3) Limitation on days of the week and time of day during which public dancing may be conducted. (4) Limitation on maximum number of people in attendance at each public dance. (5) Limitation on level of noise and use of sound amplifying equipment. (6) Requirements with respect to crowd control, including control of persons outside of the premises awaiting entry. (c) The Planning Commission may grant the application on a provisional basis whereby a further hearing will be conducted by the Commission after a specified period of time to determine whether the applicant has complied with all of the conditions of the license and whether the findings set forth in Paragraph (a) above can still be made. See. 4-41. Action by City Manager If the application is granted by the Planning Commission pursuant to Section 4-40, the application shall then be returned to the City Manager together with a record of the proceedings conducted by the Commission. After full compliance by Rev. 10/18/84 -4- the applicant with all conditions imposed by the Planning Commission for issuance of the license and provided no appeal has been filed from the decision of the Planning Commission and the period for such appeal has expired, the City Manager shall issue the license. See. 4-42. Duration, renewal and transferability of license (a) A license issued pursuant to this Division shall remain in effect for such initial period as specified by the Planning Commission, not to exceed one year. (b) A license may be renewed upon application to the City Manager, received prior to the expiration date of the license, accompanied by such documents as the City Manager may require and a renewal fee in such amount as established by resolution of the City Council. The City Manager shah have authority to renew the license for a period not exceeding one year if the City Manager determines that all of the findings set forth in Subsection 4-40(a) can still be made and the applicant has fully complied with all of the conditions of the license. The City Manager may, in his discretion, refer the renewal application to the Planning Commission for the conduct of a public hearing and a decision on the renewal application. (c) A license issued pursuant to this Division shall not be assignable or transferable and shall automatically terminate upon any sale or transfer of the property, if the license was issued to the owner thereof, or upon any termination or assignment of the lease or other right of possession, if the license was issued to the occupant of the property, or if, by reason of any other circumstance, the public dance is being conducted by a person other than the named licensee. See. 4-43. Exclusion of intoxicated or disorderly persons It shah be the duty of every lieensee, and their agents and employees to exclude from their public dance hall any person who is intoxicated or engaged in loud, boisterous, disorderly or other improper conduct. See. 4-44. Modification or revocation of lieerase (a) Any license issued pursuant to this Division may be modified or revoked at any time upon a determination that: (1) The licensee has failed to comply with any condition of the license; or (2) Any of the findings required under Subsection 4-40(a) can no longer be made; or (3) The licensee has violated any provision of this Division. (b) If the City Manager determines that any of the circumstances described in Subsection 4-44(a) exist, the City Manager may, in lieu of revocation proceedings or in connection with the renewal of a license, modify any existing conditions of the license and impose any new conditions as the City Manager deems necessary to correct the situation, including, but not limited to, any or all of the conditions described in Subsection 4-40(b). Rev. 10/18/84 -5- (c) At the request of the City Manager or upon its own initiative, the Planning Commission shall conduct a public hearing in accordance with the procedure prescribed in Section 4-39 to determine whether the license should be modified or revoked. The Planning Commission shall transmit its decision to the City Manager who shall take such action as may be directed therein. See. 4-44J. Appeal to City Council (a) Any decision by the City Manager or the Planning Commission under this Division may be appealed to the City Council by the applicant or any interested person. (b) The appeal shall be made by filing a notice thereof with the City Clerk, signed by the appellant, clearly identifying the decision from which the appeal has been taken and the grounds for the appeal. The notice of appeal shall be accompanied by a filing fee in the same amount as charged for appeals to the City Council under the Zoning Ordinance. The notice of appeal, together with the filing fee, must be received by the City Clerk not later than ten days following the date of the action from which the appeal has been taken. The appeal shall be scheduled for hearing by the City Council at its next available regular meeting. (c) All appeals hereunder shall be heard by the City Council on a de novo basis. In cases where a license is granted and the appeal relates only to a condition of such license, the City Council may review and act upon all matters pertaining to the license, including the granting thereof and any other conditions which may have been imposed. (d) The City Council may affirm, reverse or modify the decision, and may refer the matter back to the City Manager or the Planning Commission for such further action as may be directed by the City Council. All decisions reviewed by the City Council and affirmed or modified on appeal shall become effective on the date the City Council renders its decision. See. 4-44.2. Infraction offense The violation of any provision contained in this Division or the violation of any condition of a license issued hereunder, is hereby declared to be unlawful and shall constitute an infraction and a public nuisance, subject to the penalties as prescribed in Chapter 2.5 of the City Code. Each violation shall constitute a separate offense. The enforcement of this Section shall be in addition to any proceedings conducted under Section 4-44 to amend or revoke the license by reason of the same violation." ., SECTIOI~I2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that 'one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTIOI~I 3: This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. Rev. 10/18/84 -6- The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the 7th day of November ., 1984, by the following vote: AYES: Councilmembers Callon and Iv]Dyles and Mayor Pro Ten Hlava NOES: None ABSENT: Councilmenker Clevenger and Mayor Fanelli ABSTAIN: None ATTEST: City Clerk The above and foregoing is a true and correct copy el Ordinance 3F,./23_ which has been published according to law, Beauty City Clerk ~ ' Rev. 10/18/84 -7°