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HomeMy WebLinkAboutOrdinance No. 942 I.4 ' t ORDINANCE NO. 942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE AZUSA MUNICIPAL CODE BY THE ADDITION THERETO OF A NEW PART 9 TO CHAPTER 2 OF ARTICLE IV THEREOF RELATING TO PERMITS FOR CAFE ENTERTAINMENT. The City Council of the City of Azusa does ordain as follows: SECTION 1. The Azusa Municipal Code is hereby amended by adding to Chapter 2 of Article IV thereof a new Part 9 consisting of Sections 4290 through 4299 inclusive as follows: "PART 9 - CAFE ENTERTAINMENT SECTION 4290. CAFE ENTERTAINMENT. DEFINITION. Cafe entertainment shall mean any entertainment presented at any public place where food or beverages are sold, offered for sale or given away or shall mean any such place where entertainment is provided or in any manner furnished, allowed or permitted to be carried on. However, the term "entertainment" shall not include scheduled radio or television programs or pre-recorded music. SECTION 4291. PERMIT REQUIRED. No person shall conduct or operate any place having cafe entertainment unless such person in charge of operating or having control of such place where such cafe entertainment is permitted or allowed has received a permit from the Chief of Police author- izing the conduct of operation of such place of cafe entertainment. Such permit shall not be required of any person for the purpose of showing motion pictures in a theatre. SECTION 4292. REGULATIONS. No persons shall operate, be in control of, or have the management of any place or activity for which a permit is required under this part which is operated or conducted or permitted to be operated or conducted contrary to any regulations adopted by the Chief of Police, and approved by the City Council, as may be reasonably necessary to protect the public peace, health, safety, morals and general welfare of the citizens of Azusa. SECTION 4293. PERMIT APPLICATION. Before any permit is issued pursuant hereto, an application for such permit shall be filed with the Chief of Police, signed and verified by the applicant and accompanied by the fee required and shall set forth the following: 1. The name and address of the applicant. 2. The name and address of the person by whom employed, if any. 3. The nature of the business for which a permit is requested. 4, The place where such business is to be conducted. 5. A brief description of the nature and proposed activities of such business, 6. A personal description of the applicant. 7. Evidence of the identity of the applicant -2- of such character as the Chief of Police may require. 8. Fingerprints and thumbprints of applicant. SECTION 4294. GRANTING OR REFUSAL OF PERMIT. The Chief of Police within a reasonable time after the filing of an application shall conduct such investigation as may be necessary concerning the application and the business proposed to be conducted to determine whether the applicant is of good moral character and proposes to engage in an enterprise in a manner which shall not be detri- mental to the public peace, health, safety, morals or welfare of the City or its inhabitants whether by reason of the character of the applicant, the nature of the business, or the manner in which the business is proposed to be conducted. If after such investigation the Chief of Police determines that the applicant is of good moral character and proposes to engage in any enterprise which will not be detrimental to the public peace, health, safety, morals or welfare of the City or its in- habitants either by reason of the character of the applicant, the nature of the business or the manner in which the business is proposed to be conducted, then the Chief of Police shall issue such permit upon such terms and conditions and restrictions regulating the operation and conduct of such business approved by the City Council not in conflict with -3- any paramount law as such terms and conditions may be necessary or expedient to protect the public peace, health, safety, morals or welfare of the City or its inhabitants. SECTION 4295. APPEAL. In the event the Chief of Police denies such permit or the applicant determines that the terms and conditions attached to said permit are objectionable to said applicant, the applicant may appeal to the City Council by filing with the City Council a written notice of appeal within ten days from the date of such denial or imposition of terms and con- ditions to the permit. If such an appeal is filed, the City Council, within a reasonable time, shall review the matter and after conducting such hearing thereon as the Council may require, may grant or refuse such permit if it determines that the pro- posed enterprise would be detrimental to the peace, health, safety, morals or welfare of the City or its inhabitants either by reason of the moral character of the applicant, the nature of the business or the manner in which the proposed business is to be operated. The Council may further confirm, modify or delete such terms or conditions imposed by the Chief of Police as it deems appropriate. The action of the City Council shall be final and conclusive. SECTION 4296. TYPES OF PERMITS. -4- Permits issued under this part shall be classed as either temporary or regular. A temporary permit shall allow cafe entertainment to be conducted for a period of time not to exceed twelve (12) consecutive hours. A regular permit shall allow cafe entertain- ment to be conducted regularly or from time to time. SECTION 4297. PERMIT FEES. The fee for issuing a temporary permit under this part shall be $10.00 for each issuance. The fee for issuing a regular permit under this part shall be $25.00 for the initial issuance and $15.00 for each renewal thereof. The entire amount of the applicable fee due shall be submitted along with the application therefor. No fee shall be required of any applicant who holds a valid permit for a pub- lic dance issued pursuant to Part 6 of this Chapter so long as the permit to be issued under this part is for the same premises and for a time period less than, or equal to, that covered by such public dance permit. The City Council may waive or refund fees for any permit issued under this part to any bona fide non- profit, religious or charitable organization. SECTION 4298. DURATION AND RENEWAL OF REGULAR PERMIT. Any regular permit issued pursuant to this part shall be of the same duration as the business license issued to such person or business pursuant to Article VI, Chapter 1 of the Azusa Municipal Code. Any -5- regular permit may be renewed upon the filing of an application for the renewal with the Chief of Police. Such application for renewal shall be in the same form as an application for an initial issuance of such permit and shall be issued or denied in a like manner. SECTION 4299. REVOCATION. When any permit is issued pursuant to the terms of this part, such permit may be revoked at any time thereafter by the Chief of Police if the Chief of Police is satisfied that the conduct of such business does or will endanger in any manner the public welfare or the peace, health or safety of the City or inhabi- tants or that the same has been conducted in an illegal, improper or disorderly manner or in violation of any of the terms and conditions attached to such permit or when the proprietor or person in charge of such business violates or permits any infraction of any law of the State or City. Such revocation shall be effected by delivering a notice of revocation with the reasons therefor to the applicant in person or by mailing the same to the address of the applicant as set forth in his applica- tion. Such revocation shall be effective within five days following the date of delivery or the date of mailing unless within such period of time the applicant files with the Chief of Police and the City Clerk a demand for a hearing. -6- If such a demand for hearing is filed, the City Council shall set for hearing the revocation of such permit and at the conclusion of such hearing may uphold such revocation or may reinstate the permit as it was originally issued or subject to such addi- tional terms and conditions as the Council may wish to impose. In the event such revocation is upheld by the City Council, the revocation of such permit shall be effective on the date of the action by the City Council." SECTION 2. The City Clerk shall certify to the passage of this ordinance and cause the same to be published in the manner required by law. Passed and Approved this 3rd day of September ,1968. or 'r STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF AZUSA I, DEAN F. IQ,ARR, City Clerk of the City of Azusa, do hereby certify that the above Ordinance No.942 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the ,19th day of August , 1968. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 3rd day of September , 1968, by the following vote, to wit: AYES: Councilmen: Rubio, Decker, Cooney, Calvert, Solem NOES: Councilmen: None ABSENT: Councilmen: None Ci y Clerk -7- I do further certify that I caused said Ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic, a newspaper of general circulation, printed, published and circulated in the City of Azusa, on the 11th day of Sept . , 1968, and that the same was published in accordance with law. .Z,--ter r ?. Cit ler�s Publish Azusa Herald & Pomotropic, September 11, 1968 .-8-