Loading...
HomeMy WebLinkAbout94-16 CC OrdinanceORDINANCE NO. 94-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.10, "SPECIAL LICENSES-BARS, NIGHT CLUBS, DANCE HALLS, POOLROOMS, ETC.," TO THE TEMECULA MUNICIPAL CODE TIlE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. City Ordinance No. 90434 adopted by reference certain portions of the non- codified Riverside County Ordinances. On the effective date of this Ordinance, Riverside County Ordinance No. 366, adopted by reference by City Ordinance No. 90-04 relating to regulation and licensing Public Dance Halls, Public Dances and Club Dances is hereby repealed. Section2. Chapter 9.10, "Special Licenses -- Bars, Nightclubs, Dance Halls, Poolrooms, etc.," is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 9.10 SPECIAL LICENSES -- BARS, NIGHTCLUBS, DANCE HALLS, POOLROOMS, ETC. Sections: 9.10.010 9.10.020 9.10.030 9.10.040 9.10.050 9.10.060 9.10.070 9.10.080 9.10.090 9.10.100 9.10.110 9.10.120 9.10.130 Definitions. l.icense required. Multiple businesses. Chief of police. Applications. Fees. Duration. Standards for consideration of license. lnvesti~,ation and issuance. l,icense. Inspection. Display of license. Multiple licenses; duplicate licenses. Ords 94-16 I 9.10.140 9.10.150 9.10.160 9.10.170 9.10.180 9.10.190 9.10.200 9.10.210 I.icense not transferable. Temporary permits. Revocation. Appeals. Regulations: Hours of dance hall, bars, and night clubs. Regulations: Disorderly conduct. Prohibited conduct. Applicability of regulations to existing business. 9.10.010 Definitions. A. ' Bar' means any established place of business upon which alcoholic beverages are sold for consumption on the premises. B. ' Dance Hall' means any place open to the public where dancing is participated in, either as the main purpose of the establishment, or as incidental to some other purpose, and to which premises the public is admitted, either with or without charge. C. 'Established place of business' means the place where any person, firm, or corporation conducts any retail or other establishment having a permanent address and being regularly open for business from day to day during ordinary business hours. D. ' Night Club' means any established place of business where amplified musical entertainment is offered. E. 'Pookoom' means any place open to the public where billiards, pool, or bagatelle is played, except a private house and except the rooms of a bona fide fraternal organization, where the general public is allowed to play therein, whether any compensation or reward is charged for the use of such tables or not. 9.10.020 I Jicense required. It shall be unlawful for any person, firm, or corporation to engage in, conduct, manage, or carry on any of the following businesses, practices, professions, or occupations within the area of the City of Temecula without furst having obtained a license therefor in accordance with this Chapter: Ords 94-16 2 A. Bar; B. Dance Hall; C. Night Club; or, D. Poolroom. 9.10.030 Multiple businesses. This Chapter shall apply to each and every business, trade, occupation, profession, or practice herein enumerated and conducted in the City of Temecula, whether carried on individually or in conjunction with any other activity. 9.10.040 Chief of police. All licenses issued pursuant to this Chapter shall be issued by the Chief of Police. 9.10.050 Applications. The Chief of Police shall receive all applications for licenses and shall provide such application forms as are necessary for the convenience of the public and the economic and efficient administration of this Chapter. 9.10.060 Fees. The City Council shall provide, by Resolution thereof, the amount of each fee to be charged for each application or license or both such application and license. 9.10.070 Duration. Each license shall be in effect for one year from the date on which it was issued. Ords 94-16 3 -- 9.10.080 Standards for consideration of license applications. The Chief of Police shall deny the application for a license if he/she makes any of the following findings: A. That the applicant does not fulfill the specific requirements for such license as set forth in this Chapter. B. That the applicant has made any false or misleading statement in his/her application. That the licensed business has been operated in an illegal, improper, or disorderly D. That the licensed business has been operated in a manner that is detrimental to the public health, public morals, or public order. 9.10.090 Investigption and issuance. Prior to issuing the license, the Chief of Police shall make such investigation as he/she deems necessary to determine whether the applicant meets the requirements and qualifications for such license, and shall thereafter issue a license to the applicant, conditionally approve a license, or shall notify the applicant in writing that his/her application is denied. The Chief of Police may consult with and ask for a recommendation from any other City officer or department prior to the issuance of any license under this Chapter, and shall, at the request of any City officer or department, supply such officer or department with a copy of any such license or application therefor. 9.10.100 l.icense. The license and each duplicate license shall contain the date of issuance, the date of expiration, a designation of the type of license it is, the location or locations of the licensed activity, the signature of the Chief of Police, and such other matters as are specified in this Chapter and as the issuing officer deems appropriate. Ord~ 94-16 4 ~- 9.10.110 Inspection. Every applicant or licensec shall permit the Chief of Police access to any premises used in the conduct of the licensed business at all reasonable times, and to any records required to be maintained by this Chapter, and the Chief of Police shall make such inspections thereof as he/she deems necessary from time to time. 9.10.120 Display of license. Each licensee shall display his/her license or duplicate license in a prominent location in each licensed place of business; and each licensee shall display his/her license to any peace officer requesting to see it. 9.10.130 Multiple licenses; duplicate licenses. Any person carrying on or conducting more than one of the businesses for which a license is required under this Chapter shall obtain a license for each such business. Any person carrying on a licensed activity at more than one place of business shall obtain a duplicate license for each place of business. 9.10.140 I.icenses not transferable. No license issued under the terms of this Chapter shall be transferable, and no such license shall be displayed or used in conjunction with any activity other than the licensed business or by any person other than the licensee or his/her employee, nor at any location other than that indicated on the license and application. 9.10.150 Temporary permits. The Chief of Police may, in his/her discretion, upon the filing of an application for a license pursuant to this Chapter, issue one temporary permit to conduct the business described in the application for a period not to exceed sixty (60) days, if he/she finds that the inability to carry on such business because of the lack of a license would cause hardship to the applicant. 9.10.160 Revocation. When the Chief of Police has issued any license under the terms of this Chapter, the same may be revoked at any time thereafter by the Chief of Police if he/she finds that: Ords 94-16 5 Ae welfare; The conduct of the licensed business does not or will not comport with the public B. The business has been conducted in an illegal, improper, or disorderly manner, or in an manner substantially different from that described in the application; or, C. The business is being operated in a manner for which the license application could have been denied. 9.10.170 Appeals. A. Any person may appeal to the City Council the decision of the Chief of Police to deny an application for a license or a temporary permit, or to revoke a license. Said appeal shall be made by verified, written declaration to the City Council, received by the City Clerk within thirty (30) days of the Chief of Police's action. The City Council shall hold a hearing on such appeal. Notice of the time, date, and place of said hearing shall be mailed to the licensee or applicant at the address given in the license application at least ten (10) days prior to the date of said hearing. For the purpose of said hearing, the City Council may appoint any qualified hearing officer to take evidence offered by the applicant and the Chief of Police concerning the denial or revocation and summarize the evidence presented and report his/her findings and recommendations based on such evidence to the Council, or the Council may itself take such evidence. B. The following rules of evidence shall apply at the hearing: 1. Oral evidence shall be taken only on oath or affirmation. 2. Each party shall have these rights: To call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses covered in the direct examination, to impeach any witnesses regardless of which party first called him/her to testify, and rebut the evidence against him/her. If the appellant does not testify, in his/her own behalf, he/she may be called and examined as if under cross-examination. 3. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. Ords 94-16 6 C. The Mayor shall, at the request of the Chief of Police or the appellant, or their attorneys, issue subpoenas or subpoenas duces tecum to compel the attendance of wimesses and evidence at said hearing. D. The City Council shall determine, on all the evidence presented to it, or on the summary of evidence and findings of fact and recommendations of the person holding the hearing, whether said license or permit should be issued, or whether such revoked license should be reinstated and shall direct the Chief of Police to act accordingly. 9.10.180 Regulations: Hours of dance hall, bars and night clubs. It shall be unlawful for any person, association, or corporation to operate, participate in, or assist in operation of dance hall, bar, or night club between the hours of 2:00 a.m. and 6:00 a.m. of any day. 9.10.190 Regulations: Disorderly conduct. It shall be unlawful for any person in charge of or assisting in the conducting of any dance hall, bar, or night club to permit any intoxicated, boisterous, or disorderly person to enter, be or remain in, or to assist in any dance hall, bar, or night club, and it shall be unlawful for any person in an intoxicated condition to enter or remain in any dance hall, bar, or night club for any reason to conduct himself/herself in a boisterous or disorderly manner in such dance hall, bar, or night club. 9.10.200 Prohibited conduct. Any person violating any provision of this Chapter shall be guilty of a misdemeanor and be punished in accordance with Sections 1.20.010 and 1.20.030 A of this Code. Revocation or suspension of a license issued under this Chapter shall not be a defense against prosecution. 9.10.210 Applicability of regulations to existing business. The provisions of this Chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective dates of the ordinance enacting this Chapter into law. All such persons and businesses shall have ninety (90) days from said effective date to comply with the provisions of this Chapter." Section 3. SEVF. RARII ITY The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Ords 94-16 7 Section 4. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be posted as required by law. Section $. F, FFF, CTIVF, DATE. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this ordinance to be posted in three designated posting places. PASSED, APPROVED AND ADOPTED this 28 day of June, 1994. ATTEST: reek, City Clerk [SEAL}] Ords 94-16 8 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 94-16 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of June, 1994, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 28th day of June 1994, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Mufioz, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Birdsall City Clerk Ord8 94-16 9