Loading...
HomeMy WebLinkAbout50B - AMEND DANCE ORDINANCEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 20, 2010 TITLE: ORDINANCE AMENDMENT 2010 TO AMEND CHAPTER 11 OF THE DANCE ORDINANCE AND ESTABLISHING A FEE FOR COST OF EXTRAORDINARY POLICE DEPARTMENT SERVICES a ! ? lr?c CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on I" Reading ? Ordinance on 2nd Reading ? implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance amending Chapter 11 of the Santa Ana Municipal Code related to dance permits and implementing the cost recovery fee for extraordinary policy services. DISCUSSION The Police Department, in conjunction with Downtown property owners and businesses, embarked on a review of the City's public dance regulations in an effort to attract new businesses, visitors and residents to the Downtown. The result is the provision of a new dance permit that addresses the unique nature of many of the older, historic properties in the Downtown and which allows for public dancing as an ancillary use. The boundaries pertaining to this modification are the same as those in the new Transit Zoning Code designated as Downtown (DT) Zone and Urban Center (UC) Zone (Exhibit 1). In addition to the Downtown modifications, the proposed Ordinance Amendment codifies existing operational standards and deleted outdated requirements pertaining to all dance permits citywide. Further, the Ordinance enacts a new fee for police services associated with dance permits. The amount of the fee was established with the adoption of the 2010-11 budget, subject to adoption of the proposed Ordinance Amendment. Dance permit data collected over time has revealed that police calls for service for establishments with dance permits can be much higher when compared to other establishments (see Exhibit 2). To assist the City in recapturing these costs, a $500 bi-annual cost recovery fee is proposed. The fee is based on the average number of hours required to police dance establishments. Further, the permit licensee will be billed for additional costs if there is a 50% increase in police related calls to the establishment. A formal review of the permit will also be triggered, and the Chief of Police may further condition the permit, suspend or revoke the permit. 5OB-1 Dance Ordinance Amendment and Fee September 20, 2010 Page 2 FISCAL IMPACT The cost recovery base fee ($6,000 based on the current number of dance permits issued) and any subsequent recapture fees will be deposited into the General Fund (01114002-50045). Dance Ordinance Amendment 2010 proposes modifications to public dance permit requirements that may encourage additional locations to obtain a permit, which may increase those amounts. aul M. Walter Chief of Police Police Department PMW/CJN//mlr APPROVED AS TO FUNDS AND ACCOUNTS: c ? Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. DT Zone and UC Zone Map 2. Dance Establishment Cost Recovery Fee Memo 5OB-2 (RH/JF 10/04/10) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 11 OF THE SANTA ANA MUNICIPAL CODE RELATED TO DANCE PERMITS AND IMPLEMENTING THE SANTA ANA POLICE DEPARTMENT PUBLIC DANCING ESTABLISHMENT COST RECOVERY FEE FOR EXTRAORDINARY POLICE SERVICES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Police Department is currently updating the public dance regulations. The Department recognizes the unique entertainment venues within the City serve to provide a rich and diverse cultural experience for individuals and visitors to the City. B. The proposed revisions will add operational standards such as minimum lighting and security guards while deleting outdated requirements, such as patron registration. Also proposed is a pilot program to allow establishments that cannot meet the current location standards to obtain a permit. The municipal code currently requires public dance places to have a minimum size kitchen facility and dance floor area, a minimum number of seating locations and must meet the State definition of a "bona fide eating establishment". It appears a majority of older, historical buildings that comprise the downtown area are unable to meet those minimum standards. Therefore, in order to enhance the urban, pedestrian flavor of the downtown and contribute to the economic well-being of the community, the police department proposes easing the location standards to accommodate those businesses that seek public dancing as an ancillary use. Initially, this permit will be available to establishments within a designated area of the downtown. C. The emergence of the Artists Village, downtown and surrounding area with a mix of residential, office and commercial uses, places the city at a point necessitating a fresh look at the citywide policy concerning public dancing. Within the Artists Village and surrounding area, several commercial and residential developments exist or are in the process of completion. 5OB-3 D. Each of these developments, when approved, add a component necessary to create a more dynamic living community operating within an urban environment. The integration of living, working and entertainment space provides a lifestyle that has proven successful in other metropolitan areas and contributes to the vitality of the Downtown by enhancing the activity, and thus viability of the Artists Village. E. With reduced revenues and the increased growth of nightlife in the downtown area, the Police Department is seeking to support the emerging vibrant uses by developing a strong ordinance to mitigate any negative impacts associated with these venues and minimize calls for service while ensuring a reduced fiscal impact on the City. F. The City of Santa Ana has a long history with alcohol beverage establishments that generate an extraordinary amount of police-related calls for service. Numerous studies have shown the correlation between alcohol and violence. The police department has evaluated the relationship between alcohol-licensed establishments and the impact that entertainment such as public dancing has on police services. These studies found that police-related incidents at dance establishments generate a higher number of calls than non-dance establishments and those calls require an increased level of manpower. G. Police department data convincingly supports the premise that the City's dance establishments generate an extraordinary amount of police-related calls and require a greater number of police service hours than establishments that do not provide that type of entertainment. H. To help the City recapture some of those extraordinary costs, the Police Department proposes to assess a 'cost recovery fee'. Establishments that obtain a public dance permit will be assessed this fee in addition to the application fee. Both fees will be collected each time the establishment applies to renew their dance permit. The goal of this fee is to maintain a strong sense of public safety without creating a burden to the City. It is within the power of the City to protect itself from extraordinary emergency expenses by passing statutes and regulations that permit recovery from responsible parties. The City of Santa Ana may charge a fee to recover the reasonable costs incurred by the City for services that the Santa Ana Police Department provides related to responding and attending to normal calls for service. J. Implementing a Public Dancing Establishment Cost Recovery Fee program will generate projected revenues that will help the City offset some of the costs incurred in responding to extraordinary calls for service at public dance establishments. 5OB-4 K. The staff reports and oral testimony before the Public Safety Committee on May 25, 2010, and July 27, 2010, shall by this reference be incorporated herein and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute necessary findings for this ordinance. L. The Request for Council Action for this ordinance dated October 4, 2010, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. M. In an effort to monitor the results of this program, the City Council shall review these new revisions six (6) months after adoption of the ordinance in order to analyze the effectiveness and sufficiency of the new policies. N. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 11-1 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11-1. Definitions. For the purpose of this chapter the words and phrases herein defined shall be construed as having the following meanings: Public dance hall is a place open to the public upon the payment of an admittance fee wherein music is provided and people are allowed to dance, which place is so open at regular intervals or on regular days of the week. This use shall also be defined as a regulated use under Chapter 41 of the zoning code Public dance is a dance whiGh 06 held on one day on! in which either couples or singles engage in the activity of dancing in a public place. Public dancing place is a place operated for profit where music is provided and the public is permitted to dance with or without payment of a fee. Private dance is a dance which is limited to those persons individually invited, to which no admission charge is made, or a dance conducted by a bona fide club, society or association, or organization incorporated for benevolent, charitable, dramatic, literary, recreational or dancing purposes having an established membership, and which holds 5OB-5 meetings other than such dances at regular stated intervals, and when the proceeds, if any, of such dance are used only for the purposes of such club, society, association or organization. Nightclub shall mean clanOng is allowed a public place open to patrons over the age of twenty-one (21) years for entertainment primarily durinq the evening hours wherein liquor and food may be served, providing music and an area for public dancing Such an establishment is defined as a public premise by the California Business & Professions Code Said establishment sells liquor or beer for consumption on the premises as its primary business. Special Event Dance shall mean a dance which is open to the public with or without payment of an admittance fee or charge which is held on one day only, for which a temporary "one-day dance permit" shall issue Location of event must have received prior approval from the City's Planning & Building Agency and Fire Department to conduct these functions. Section 3. Section 11-3 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11-3. Permit--Required; application; investigation; exception. (a) Every person desiring to conduct a public dance shall, ten (10) days prior to such dance, file an application for a permit so to do with the chief of police of the city. Every person desiring to operate a public dance hall or public dancing place shall file an application for a permit to do so with the chief of police at least thirty (30) days prior thereto. i i organ zat on pmpes ng to raendurst the same, the date eF days, the -1-Ge, and the hours . (b) Written application for permits under this chapter shall be filed with the Chief of Police upon forms provided by him and shall set for the following facts: (1) The name and residence of the applicant or applicants, and if the applicant is a corporation or partnership, the names and residences of the officers, partners or directors thereof, and if the applicant is an association, the names and residences of the officers thereof; (2) The particular place for which the permit is desired; (3) The days, or if a one-day permit the date, and time of dances to be held under the permit; 5OB-6 (4) A statement that the applicant is the licensee of record, sole party, or applicants are the sole party, either directly or indirectly interested in the dance for which a permit is sought, and that no other person is, or will be, in any manner interested, directly or indirectly, during the continuance of the permit; (5) A statement of the ownership of the realty of the premises for which the permit is sought; (6) The name of at least one responsible party on the premises, as well as a telephone number on the premises where such a person can be reached; (7) A statement of such additional information as the Chief of Police may require. MLcj The chief of police shall investigate the persons applying for such permit, shall consider the items and standards for granting set out in section 11-5 and, in conformance therewith, shall either grant or deny the permit applied for, and shall forthwith notify the applicant of his action. (s)ue No person, firm, partnership, corporation company, or non-profit or charitable organization shall conduct any public dance hall, public dance, or public dancing place, without first making application for and obtaining a permit so to do, nor shall any person conduct the same during the time while a permit so to do is revoked. E4) e No permit shall be required for a private dance. (f) Unless earlier revoked by the Chief of Police dance permits shall be valid for a period not to exceed two (2) years All dance permits are not automatically renewed and it shall be the responsibility of the permit holder to file a new application for a dance permit at least 45 days prior to the previous permit's expiration (p) Special Event Dance Permits or one-day dance permits shall be valid only for the requested date and are not renewable (e)Lhj Any permit applicant aggrieved by the decision of the chief of police to deny said permit may appeal tome-sityseUasit as provided in Chapter 3 of the Santa Ana Municipal Code, except that the written notice of appeal must be filed with the clerk of the council and the chief of police within seventy-two (72) hours of service of the written notice of the chief of police's decision. Section 4. Section 11-4 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11-4. Same--Revocation of or placing condition on. 5OB-7 In the event any person holding a permit under this chapter shall violate any provision of this chapter or shall permit or allow any illegal, improper or disorderly conduct in said dancing place, the chief of police may revoke or condition such permit by giving written notice of the revocation or condition to the holder of such permit seventy-two (72) hours before the effective hour of the revocation or condition. The chief of police may, when violations of law in the neighborhood exceed the average for like areas in the city, give notice of revocation or placing a condition thereon in the original granting of the permit or to avoid revocation of an existing permit. The condition may require the management to employ one or more special officers, to be approved by the Ghief of , to keep the peace and enforce all statutes and ordinances during all times dancing is allowed. Any permit holder aggrieved by the decision of the chief of police to revoke or condition said permit may appeal to he -city GGunGil as provided in Chapter 3 of the Santa Ana Municipal Code, except that the written notice of appeal must be filed with the clerk of the council and the chief of police within seventy-two (72) hours of service of the written notice of the chief of police's decision. Section 5. Section 11-5 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11-5. Same--Location standards. (a) No permit shall be issued for a public dancing place where any alcoholic beverages are sold unless the place is a "bona fide eating place" as defined in Section 23038 of the Business and Professions Code of the State of California, and the place of business has seats at tables to seat at least fifty (50) people, not counting any stools at the bar or counter where alcoholic beverages are prepared for service and are served, utilizes not less than twenty (20) per cent of the floor space as a kitchen facility for food preparation, and has not less than three hundred (300) square feet of floor space maintained in a smooth and safe condition for dancing. (b) No permit shall be issued for a public dance hall where any alcoholic beverages are sold, unless the place has not less than five hundred (500) square feet of floor space maintained in a smooth and safe condition for dancing. (c) Notwithstanding the foregoing in that area of the City of Santa Ana known as the Downtown (DT) Zone and the Urban Center (UC) Zone as described in Chapter 41 of the Santa Ana Municipal Code the requirements of subsections (a) and (b) shall not apply. In addition if the proposed floor space to be maintained in a smooth and safe condition for dancing is ten percent (10%) or more of the total square footage of the public area, a formal plan check review by the Building Department and Fire Department shall be required. 5OB-8 Section 6. Section 11-7 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11-7. Operational standards. Flaw -skull All establishments at which public dancing is being conducted shall comply with the following operational standards: (1) No establishment shall Ppermit or allow any intoxicated, boisterous or disorderly person to enter, be, or remain therein. (2) issue any pass GUt GheGk to allow aRy patFOR theFeef who has (3)JQ No establishment shall Sshut or turn off or reduce the intensity of the lighting in the area used for dancing to such an extent as to provide less lighting or illumination than is customary for rooms or areas of like dimensions or to a degree to make it difficult or impossible to clearly see or identify individuals dancing on the floor provided for dancing._ Interior lighting must be in accordance with Art icle 220 of the National Electric Code and in addition, a minimum of one-quarter foot-candle shall be provided in all areas of the establishment. (4)L3) No establishment shall P-permit or allow any minor under the age of 66xtee^(16) eighteen (18) years to enter, remain in or dance in such place conducted unless accompanied by a parent or adult guardian or person in charge of said minor, between 10:00 p.m. and 6:00 a .m. (4) Each establishment is required to obtain and possess any and all licenses, permits, certificates etc as required by law for the operation of the business as a condition for obtaining a dance permit Failure to obtain or possess any such entitlements as referenced herein can be the basis for rejection or revocation of the dance permit. (5) No music shall be played outside of the premises nor be audible beyond the area under vour control as the permittee unless the permittee has previously obtained any and all required permits for such activity. (6) The premises shall provide exterior lighting in compliance with Police Department requirements 7 At all times that dancing and/or entertainment is being conducted, the applicant shall employ a minimum of one (1) uniformed licensed securitv guard for everv 100 persons in attendance per event for keeping the peace 5OB-9 (8) If there is a marked or noticeable increase in the number of police-related incidents on or near the premises as such increase may be determined by the Chief of Police, the permittee shall increase the number of uniformed licensed securitv guards to a total number of guards as determined by the Chief of Police (9) No person other than the permittee is authorized to conduct public dancing on the premises. (10) The permittee shall post a copy of the permit at a conspicuous location on the premises so that the public can view it. (11) There shall be no one under twenty-one (21) years of age on the premises after the sales and service of food has been discontinued if alcohol is being served, when public dancing is authorized under this permit (12) Outside queuing space shall be located so as not to obstruct public right-of-way, interfere with any outside eating areas or impede access to adjacent business establishments. Patrons in the outside queuing area shall not be permitted to obtain or consume food or beverages from the business (13) All owners, managers and employees serving and/or selling alcoholic beverages in an establishment shall undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. To qualify to meet the requirements of this section a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying/licensing body, which the State may designate. Records of each owner's manager's and employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. (14) The owner/operator shall submit a security plan for approval by the Chief of Police. The establishment owner shall be responsible for ensuring that the business' security personnel or officers implement and enforce at all times any security plan approved or required for the business (15) The owner/operator shall provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events on the property and inside the premises with a resolution that will clearly identify individuals for later identification. Camera system components shall include: (i) A minimum of one color camera at each specified location. (ii) A color camera recorder or digital system capable of recording events on all cameras simultaneously. 50B-10 (iii) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. (16) The owner/operator shall scan the identification card CID") of each patron into an ID scanner system prior to the patron being granted entry into the premises The ID scanner system must be reviewed and approved by the Police Chief. Section 7. Section 11-8 of the Santa Ana Municipal Code is hereby deleted in its entirety: No per-son shall take any fGFM of alGehelir- beyeFage onto any publiG danoe ha! ne person shall theFeiR dFink aRY fOFFn of alGehek beyeFa-,-,--. No peFSOR shall allow oF take pa Section 8. Section 11-9 of the Santa Ana Municipal Code is hereby deleted in its entirety: Section 9. Section 11-10 of the Santa Ana Municipal Code is hereby deleted in its entirety: SeG. 11 10. N*ghtG'ub; . Section 10. Section 11-12 of Chapter 11 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 11-12. Extraordinary Calls for Service Cost Recovery Fee Schedule Adoption The City shall adopt and amend, from time to time, a schedule of fees as described in this Article by Resolution. 5OB-11 Section 11. Section 11-13 of Chapter 11 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 11-13. Extraordinary Calls for Service Cost Recovery Fee (a) Any establishment obtaining a dance permit shall be charged a cost recovery fee in addition to the dance permit fee for recovery of costs generated by extraordinary calls for service by these establishments. The amount of the cost recovery fee shall be determined by the Chief of Police and adopted by resolution into the City fee schedule. (b) Additionally, establishments with a dance permit will be charged for any police related service hours that are 25% above the baseline number of service hours for said establishment, as determined by the Chief of Police. The baseline will be determined by the number of service hours incurred by the Police Department in response to calls for service to the establishment during the first twelve (12) months of operation with the dance permit. Any establishment with a dance permit that generates a 50% increase in police related service hours above the baseline number of service hours for said establishment, as determined by the Chief of Police, will require reimbursement for the additional service hours and initiate a formal review of the operation by the Chief of Police, at which time the Chief of Police may decide to condition, suspend, or revoke the subject dance permit. (c) The Extraordinary Calls for Service Cost Recovery Fee shall be assessed to any establishment obtaining a dance permit at the time of obtaining said dance permit and each time said dance permit is renewed. In addition, the Police Department will conduct a review every six (6) to twelve (12) months after the yearly anniversary of the initial issuance date of the dance permit to determine if additional fees have been incurred for service hours generated at the establishment that are 25% or more than the baseline set for the establishment. Further, all fees must be paid as a condition of issuance of a dance permit. Failure to pay fees may result in the rejection, suspension, or revocation of the dance permit at the discretion of the Chief of Police. Section 12. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2010 Miguel A. Pulido Mayor 5OB-12 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge, Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50B-13 5OB-14