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
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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operational standards and deleted outdated requirements pertaining to all dance permits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.
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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:
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Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibits: 1. DT Zone and UC Zone Map
2. Dance Establishment Cost Recovery Fee Memo
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(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.
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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.
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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
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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.
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(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;
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(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.
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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.
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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
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(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.
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(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.
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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
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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
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