HomeMy WebLinkAbout50A - ORDINANCE - DANCEREQUEST 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
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s` 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operational standards and deleted outdated requirements pertaining to all dance permits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.
5OA-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.
Paul M. Walter
of Police
Police Department
PMW/CJN//mlr
APPROVED AS TO FUNDS AND ACCOUNTS:
?k %?& k -t - -) h , I . Q'- -..) - -""? -
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibits: 1. DT Zone and UC Zone Map
2. Dance Establishment Cost Recovery Fee Memo
5OA-2
DRAFT
(RH/JF 08/31/10)
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. Current
eateries that have been established include the Gypsy Den,
5OA-3
Crosby, Proof, Memphis, Lola Gaspar, the planned Yost Complex
and entertainment within the Empire Building and the Grand
Central Arts Theater.
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
Ordinance No. NS-XXX
50A-4 Page 2 of _
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.
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 September
7, 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
Ordinance No. NS-XXX
5OA-5 Page 3 of _
Public dance is a dance open to the publiG f9F an adFni#aAGe fee OF Ghafge
and whiGh is held on one day only 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 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
peFmitted and daRGinq is allowed a public place open to patrons over the age of
twenty-one (21) years for entertainment primarily during 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.
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Ordinance No. NS-XXX
5OA-6 Page 4 of _
(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;
(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.
(b)Lcl 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.
(dUe 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
Ordinance No. NS-XXX
50A-7 Page 5 of _
new application for a dance permit at least 45 days prior to the previous permit's
expiration.
(g) Special Event Dance Permits or one-day dance permits shall
be valid only for the requested date and are not renewable
WLhj Any permit applicant aggrieved by the decision of the chief of
police to deny said permit may appeal e-sityseURsil 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.
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 officer , 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 the-si#yseURsil-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)
Ordinance No. NS-XXX
5OA-8 Page 6 of _
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 the Transit Zoning 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
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.
danGing e-shall All establishments at which public dancing is being conducted
shall comply with the following operational standards:
(1) No establishment shall Rpermit or allow any
intoxicated, boisterous or disorderly person to enter, be, or remain therein.
who has left the building te FetUFn without the payment of the regulaF admi i
admission.
(3)fQ 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 Article 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
F4Q No establishment shall Rpermit or allow any minor
under the age of 6*)d°°^ (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.
Ordinance No. NS-XXX
50A-9 Page 7 of _
(4) You are not allowed to charge any type of admission
fee, cover charge or "donation" to a person for the purpose of allowing that person
to enter the premises where dancing and/or entertainment is being conducted
Any type of an entertainment use such as charging an admission to enter the
premises to dance will require an approved Conditional Use Permit ("CUP") from
the City's Planning and Building Agency.
(5) No music shall be played outside of the premises nor
be audible beyond the area under your 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
security guard for every 100 persons in attendance per event for keeping the
peace.
(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 security guards to a total number of guards as determined b
the Chief of Police.
(9) As the permittee, only you and no other person
persons or business entity is authorized to conduct public dancing on the premises
(10) You must post this 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 or
at any time after 10:00 p.m. on a day 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
sellinq 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
Ordinance No. NS-XXX
5OA-1 0 Page 8 of _
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 an secun Ian approved or re uired 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.
(iii) A tape or disc storage librarv 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:
business.
Section 8. Section 11-9 of the Santa Ana Municipal Code is hereby deleted in its
entirety:
Ordinance No. NS-XXX
5OA-1 1 Page 9 of_
Cher n.
Section 9. Section 11-10 of the Santa Ana Municipal Code is hereby deleted in
its entirety:
SeG. 11 10. NightGlUb; .
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.
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. Additionally, establishments with a dance permit will be
charged for any police related calls for service that are 25% above the average
number of calls for service for such establishments, as determined by the Chief of
Police. Any establishment with a dance permit that generates a 50% increase in
police related calls for service above the average number of calls for service for
such establishments, as determined by the Chief of Police, will require
reimbursement for the additional responses 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.
Ordinance No. NS-XXX
5OA-1 2 Page 10 of_
(b) 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.
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
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
Ordinance No. NS-XXX
5OA-1 3 Page 11 of _
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
Ordinance No. NS-XXX
5OA-14 Page 12 of_