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HomeMy WebLinkAbout75A - PH - ORDINANCE REGULATING ALCOHOL SALEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2012-03 TO ALLOW MODIFICATIONS TO CHAPTERS 41 AND 11 OF THE SANTA ANA MUNICIPAL CODE (SAMC) RELATED TO A,tLCOHOL SALES AND ENTERTAINMENT CITYWIDE CltY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2012-03 regulating alcohol sales and entertainment. 2. Rescind Planning Commission Resolution No. 89-7 which delegated authority to the Zoning Administrator to act on alcohol sales Conditional Use Permits. PLANNING COMMISSION ACTION On November 26, 2012, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2012-03 to amend Chapters 41 and 11 of the SAMC related to alcohol sales and entertainment citywide and rescind Planning Commission Resolution No. 89-7 which delegated authority to the Zoning Administrator to act on alcohol sales Conditional Use Permits by a vote of 4:2 (Alderete, Yrarrazaval opposed). PUBLIC SAFETY COMMITTEE RECOMMENDATION On July 18, 2013 the City Council Public Safety Committee reviewed the draft ordinance and recommended the following revisions by a vote of 3:0: • Entertainment pursuant to an entertainment permit may be permitted until 4 a.m. • New bars (alcohol-serving establishments restricted to 21 and over) may be established, so long as they are not within 500 feet of a school for children, a park, or another bar. • The requirement that restaurants that serve alcohol must also serve food was deleted. 75A-1 Zoning Ordinance Amendment No. 2012-03 July 15, 2013 Page 2 DISCUSSION The Alcohol and Entertainment Ordinance was developed to update and clarify the municipal code related to businesses that sell or serve alcohol. The goal of updating this ordinance has been on maintaining strong protections for neighborhoods or other sensitive uses while providing the business community with clearer rules and a more predicable process. On November 26, 2012, this item was considered by the Planning Commission and although the Commission made no changes to the modifications outlined in the attached staff report (Exhibit A), there was extensive discussion among the Commission members, as well as testimony from the public, expressing concerns over several provisions of the new code. Subsequent to the meeting, staff has had the opportunity to meet with the individuals and organizations who expressed an interest in better understanding the proposed amendment, or who wished to have changes made. This, in turn, prompted further research in order to provide the City Council the rationale behind the code provisions that were the cause of concern, and/or to provide alternatives that the Council may consider in the adoption of the ordinance. The attached draft ordinance reflects the changes that resulted from the continued involvement of the public. Key Areas of Concern The following provides a brief summary of the recommended solutions to the seven key areas of concern identified by the Planning Commission and the public: Ministerial vs. Discretionary Entertainment Permit - Some members of the public and the Planning Commission expressed concern that an Entertainment Permit issued ministerially would give too much discretion to the Police Department and that the process contained in the ordinance was too vague. In order to address this concern, the following changes have been made to the draft ordinance: • The ambiguous language regarding eligibility for the Entertainment Permit was removed. • The issuing authority was changed to the City Manager's Office. • A clear list of criteria was established to ensure that applicants know everything up front. • Language was added to clarify that, as a ministerial permit, it must be issued if all of the criteria are met. • A multi-step revocation procedure was added to ensure due process in the event that the business operator violates any of the conditions of approval. 2. Concert Venues - Owners of concert venues stated that the Entertainment Permit was not the appropriate tool to regulate businesses whose primary use is entertainment. 75A-2 Zoning Ordinance Amendment No. 2012-03 July 15, 2013 Page 3 In order to address this concern, the following changes have been made to the draft ordinance: • A new definition for "concert venues" was created • Definition acknowledges that concert venues are distinct from restaurants providing ancillary entertainment, i.e. music and dancing are the primary uses of concert venues. • A new Conditional Use Permit (CUP) category was created for concert venues. • Allow existing concert venues that already have an indoor entertainment CUP to convert it to a concert venue CUP subject to a public hearing and standard conditions. • Eliminates the need for an annual dance permit, which is a current requirement. • Addresses existing non-conforming concert venues. 3. Permit Cost - Members of the public and representatives of the various business interests affected by the ordinance expressed concerns over the issuance and renewal cost of the Entertainment Permit. In order to address this concern, the following changes have been made to the draft ordinance: • The permit fee will be the same as those used for Land Use Certificates, which are currently: o No fee for Category I permits. o $341.22 per year for Category II permits. o $611.89 per year for Category I I I and IV permits. • Annual renewal fees would be reduced by 25% from initial application fee. • Permit fees would be waived in the first year. Businesses that get their permit the first year would never have to pay the initial issuance fee, only the future renewal fee. 4. Cost Recovery Methodology for Police Services - The previously proposed ordinance contained a provision to address those businesses that might violate their conditions of approval and, thereby, create the need for more calls for police services, by charging them a fee. Members of the public and business owners expressed concern that the methodology was too vague and would penalize businesses for making legitimate calls to the police. In order to address this concern, the following changes have been made to the draft ordinance: • The entire cost recovery section was deleted. • The only fee that would be charged would be for the Entertainment Permit. 5. Age Restrictions for Clubs and Concert Venues - A major area of concern, especially for the operators of large concert venues, was the recommendation that, after 10:00 75A-3 Zoning Ordinance Amendment No. 2012-03 July 15, 2013 Page 4 p.m., patrons must be 21 years of age or over. This recommendation was given in order to address concerns that under-age patrons, particularly those under 18, could be put in unsafe situations. In order to address this concern, the following changes have been made to the draft ordinance: • Any reference to "over 21" age restrictions have been deleted. • The ordinance now references the City's existing curfew law which permits minors in business establishments after 10 p.m. if they are accompanied by a parent, guardian or responsible adult. 6. Age Verification - Both business owners and community members expressed concerns requirements for the use of ID scanners for age verification could result in discriminatory practices. In order to address this concern, the following changes have been made to the draft ordinance: • Any reference to specific types of ID scanning equipment have been deleted. • Businesses will need to specify in the security plan how they will comply with the State's law prohibiting sales of alcohol to minors, but they may employ a variety of methods. • Language regarding anti-discrimination has been added. 7. Establishment of New Bars - Some members of the business community expressed concern that the ordinance did not allow for the opening of new bars, i.e. establishments that serve alcohol, but do not have food service. This was seen as potentially hindering the continued development of a vibrant nighttime entertainment environment, particularly in the downtown. Members of organizations representing residents, retail business owners, the school district, public safety and public health agencies were not supportive of the establishment of new bars. The ordinance seeks to strike a balance between these competing interests. In order to address this concern, the following changes have been made to the draft ordinance: • Condition requiring higher percentage of food than alcohol sales was removed. • There are no restrictions on the number or concentration of new restaurant liquor licenses. • Condition requiring specific kitchen equipment was removed. • Condition prohibiting separate bar or lounge areas in restaurants was removed. • A simple new permit was created to allow for restaurants to offer entertainment, as one might find in a bar or club. 75A-4 Zoning Ordinance Amendment No. 2012-03 July 15, 2013 Page 5 Public Safety Committee Review During the July 18, 2013 meeting of the City Council Public Safety Committee, staff presented the draft ordinance for the Committee's review. The Committee recommended three revisions: • Entertainment pursuant to an entertainment permit may be permitted until 4 a.m. (See Section 11-1). • New bars (alcohol-serving establishments restricted to 21 and over) may be established, so long as they are not within 500 feet of a school for children, a park, or another bar. (See Section 41-191 b5 and e). • The requirement that restaurants that serve alcohol must also serve food was deleted. (See Section 41-196 g1 and g2). Though the staff recommendation remains unchanged, the revisions recommended by the Public Safety Committee have been integrated and highlighted in the draft ordinance. Analysis of Potential Public Safety Impacts The Committee requested that staff prepare an analysis of the potential impacts to public safety that could result from the recommended revisions, as well as provide information on the after-hours standards and practices of other cities having a comparable night-life setting. A chart comparing other cities' standards is included as an attachment to this report (Exhibit B). The Police Department has a long history with alcoholic beverage establishments that generate a relatively higher amount of police-related calls for service and require a greater number of police service hours than establishments that do not serve alcohol. Numerous studies have shown the correlation between alcohol and violence (Exhibit C). The Police Department's experience is that the hours and personnel devoted to calls at entertainment establishments with alcohol were much greater than to those establishments without (Exhibit D). The Committee's recommendation would allow for the establishment of bars (public premise licenses) throughout the City, as well as allow entertainment to be offered until 4 a.m. The greater ability to open and operate a bar, as well as allowing an extension of hours for entertainment will directly impact the Department's ability to provide adequate public safety service during a time of day where the department already has the fewest number of officers and resources available. For example, a gang-related disturbance at a dance establishment required 8 officers and a total of 10 staff-hours to clear. An assault or drunk arrest at a location with a dance permit may require 4 to 12 hours of police services. The time devoted to calls and number of personnel, from the Police Department's experience, is dictated by the events surrounding each incident. 75A-5 Zoning Ordinance Amendment No. 2012-03 July 15, 2013 Page 6 A review of other cities that offer after hours entertainment reveals that many of these locations have larger police forces than Santa Ana does. After hours entertainment often equates to increased call volumes within establishments as well as in the surrounding neighborhoods. The Police Department maintains the least amount of staff between the hours of 2:30 a.m. to 5:30 a.m. daily. Larger cities can run leaner staffs and in cases of increased call volumes, those cities can shift resources quickly to address fluctuating needs. The proposal to allow bars Citywide, even taking into account the 500 foot separation criteria from schools and parks, does not address the impact on adjacent residential properties. The Police Department will most likely experience an increase in calls for service such as noise complaints, litter, traffic, loitering, parking problems, graffiti, DUI's, various attractive nuisance calls and area vandalism. These problems intensify because of the natural conflict between late night establishments and residential property. Whereas schools and parks are not typically occupied in the late evening hours, when bars are open, residents are generally in their homes at this time. Most public premises and entertainment establishments will have a critical-intensity period that begins approximately thirty minutes before closing time. During this time frame numerous patrons will exit into the parking lot or street, and this is often the point when residents are affected. These offsite problems can intensify when premise owners fail to control loitering in adjacent parking lots or areas. Finally, the Public Safety Committee's recommended revisions to the ordinance eliminate the requirement that restaurants serving alcohol be required to offer food to their patrons during all hours of operation. By eliminating this condition of approval, there would be no distinction between restaurants and bars. In addition, during the recommended extended hours of entertainment, patrons would not necessarily be able to order food. FISCAL IMPACT There is no fiscal impact associated with the adoption of this ordinance. M. Trevino Executive Director Planning & Building Agency KH:rb KH/ZOA12-03 ABC Entertainment.071513.cc lam' Carlos Rojas Acting Chief of Police Santa Ana Police Department Exhibit: A. Planning Commission Staff Report B. Comparison Chart of Other Cities' After-Hours and Entertainment Practice C. Extent of the Alcohol-Violence Association Studies Reference D. Data to Support Hours & Personnel Devoted to Entertainment Establishments 75A-6 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: NOVEMBER 26, 2012 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2012-03 TO ALLOW MODIFICATIONS TO CHAPTERS 41 AND 11 OF THE SANTA ANA MUNICIPAL CODE (SAMC) RELATED TO ALCOHOL SALES AND ENTERTAINMENT CITYWIDE Prepared by Karen Haluza Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Planning Manager 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2012-03 regulating alcohol sales and entertainment. 2. Rescind Resolution 89-7 which delegated authority to the Zoning Administrator to act on alcohol sales Conditional Use Permits. DISCUSSION Request of the Applicant The City of Santa Ana is seeking to amend certain sections of the municipal code in order to update its regulations governing the sale of alcoholic beverages, both in stores and in restaurants, and to create new provisions for the regulation of live entertainment. Staff Analysis The City has a long history of providing for the orderly regulation of alcohol sales. In 1988 the City adopted an ordinance requiring that all businesses selling alcoholic beverages apply for and receive a Conditional Use Permit (CUP). This requirement applied to both off-sale licenses (stores) and on-sale licenses (restaurants). This process was established in order to address two significant areas of concern at that time: the proliferation of restaurants operating primarily as bars and the proliferation of liquor stores. EXHIBIT A 75A-7 Zoning Ordinance Amendment No. 2012-03 November 26, 2012 Page 2 In 1997 the City Council created a threshold to be used in the evaluation of liquor license applications for stores, requiring that stores less than 20,000 square feet in size be subject to an over-concentration standard. This ordinance was adopted in an effort to reduce neighborhood crime associated with a proliferation of liquor stores, particularly those that relied on single-can sales as a primary part of their business. Between the establishment of the original CUP requirement in 1988 and today, the City has been very successful in regulating alcohol sales and significantly reducing crimes associated with such activity. Also during that intervening time the City has begun to see changes in the way that businesses offer alcohol sales, which has in turn highlighted areas for improvement in the City's current regulations and application processes. In November of 2011, based on many comments from the public regarding the City's current alcohol sales and entertainment policies, a study session of the Planning Commission was convened to evaluate these issues. This began a year- long process to craft new regulations. The proposed amendments to the Santa Ana Municipal Code (SAMC) would create a simplified and streamlined process for obtaining alcohol sales CUP's, as well as create standard conditions for both off-sale and on-sale licenses. At the same time these proposed revisions will ensure that the major improvements in public safety are maintained and that non-alcohol serving businesses aren't put at a disadvantage by these new regulations. Chapter 41 - Zoning Ordinance Amendment The proposed amendments to the zoning ordinance will address the following areas: • The creation of definitions for terms which currently exist in the code, but for which no description is provided. • Streamlining of the conditional use permit process for alcohol sales by rescinding the authority of the Zoning Administrator to take a preliminary action on such items and instead, having them heard directly by the Planning Commission. • Clarifies the process for obtaining a letter of public convenience or necessity. • Reduces the threshold for separation criteria and over-concentration from 20,000 square feet to 10,000 square feet for stores wishing to sell alcohol as an ancillary part of their business. • Creates standard conditions of approval for both off-sale and on-sale licenses. • Creates a new "Entertainment Permit" to allow for the provision of live entertainment. Chapter 11 - Entertainment Chapter 11 of the SAMC was first adopted in 1957 in order to regulate public dancing. It has changed very little since its initial adoption and is no longer an effective tool to regulate dancing or other forms of live entertainment. The proposed changes to this section of the SAMC would entirely replace Chapter 11 - Dancing with Chapter 11 - Entertainment and would cover a more 75A-8 Zoning Ordinance Amendment No. 2012-03 November 26, 2012 Page 3 broad range of entertainment offerings. The primary component of the new Chapter 11 would be the creation of an Entertainment Permit. This new permit would allow for businesses to offer amplified music and dancing either with or without a CUP for alcohol sales. The proposed permit would be divided into four categories depending on the type of entertainment provided. Each of the four categories would have its own set of standard conditions designed to provide for the safety of the patrons, as well as to control for any nuisance behaviors or criminal activity that might result. The Entertainment Permit would be a ministerial permit issued by the Police Chief. This approach makes it simpler, faster and less expensive for a business to obtain such a permit and still provides the City an effective mechanism for regulating live entertainment. As proposed, the permit would apply to both existing, as well as new businesses, with a one-year amortization period, during which time any processing fees would be waived. Thereafter, the permit would require annual review and renewal. In order to cover the cost of any extraordinary calls for police services, a cost recovery provision also would be a part of the proposed ordinance. The fees will be set by the City Council. Finally, for those establishments that serve alcohol and have amplified music and dancing, staff recommends that the age of the patrons be restricted to 21 years and older after 10:00 p.m. For businesses wishing to have events later than 10:00 p.m. that cater to patrons under 21, their event may be held, but alcohol service must cease after 10:00 p.m. The Entertainment Permit provides more flexibility, particularly for restaurants. In some cases, it would allow restaurants to incorporate more nighttime and entertainment-related concepts. For this reason, it seems appropriate that, in these cases, the age of the patrons should be restricted. This is a common practice in other cities and some restaurants voluntarily limit the age of their patrons in acknowledgement of the change in their business after 10:00 p.m. Entertainment Permit Categories: Category I - No amplified music No dancing No permit required Category I I -Amplified music No dancing Permit required with standard conditions Category II I - Amplified music Dancing Permit required with standard conditions Patrons must be 21 years and older after 10:00 p.m. 75A-9 Zoning Ordinance Amendment No. 2012-03 November 26, 2012 Page 4 Category IV - Amplified music Dancing After-hours CUP (operating past midnight) Permit required with standard conditions Patrons must be 21 years and older after 10:00 p.m. Rescindina Resolution 89-7 Section 41-630(b) of the SAMC allows the Planning Commission to delegate certain duties to the Zoning Administrator. In 1989 the Planning Commission delegated authority to the Zoning Administrator to grant Conditional Use Permits for alcohol sales licenses. Over the years this has caused delays for applicants who have had to have subsequent meetings before the Planning Commission, as well as confusion in those cases where an alcohol license CUP is proposed in conjunction with a banquet or after-hours CUP, which are heard by the Planning Commission. Staff recommends rescinding Resolution 89-7, thereby removing the authority to grant alcohol license CUPs from the Zoning Administrator and returning that responsibility to the Planning Commission. Changing Title of Chapter 12 SAMC Chapter 12 is currently titled "Entertainment" though it deals exclusively with adult entertainment as defined in SAMC Section 41-1701.6. With the proposed changes to Chapter 11, which would change this chapter from specifically regulating dancing to regulating a wider variety of entertainment, staff recommends that Chapter 12 be changed from "Entertainment" to "Adult Entertainment" and Chapter 11 be changed from "Dancing" to "Entertainment." Public Outreach The process to craft these new regulations formally began in November of 2011 with a Planning Commission Study Session. During that meeting the Commission appointed an ad hoc committee consisting of Commissioners Gartner, Mill and Yrarrazaval. Staff then conducted working sessions with a wide cross-section of those groups and individuals, both within the City organization and in the broader community, who might have an interest in this topic. Over the course of the last year those who participated have included representatives from: 75A-10 Zoning Ordinance Amendment No. 2012-03 November 26, 2012 Page 5 Organizations and Businesses City of Santa Ana Agencies Bistro 400 City Attorney's Office California Department of Alcoholic Beverage Control Neighborhood Improvement Caribou Industries Parks, Recreation and Community Services Chapter One Planning and Building Agency Connect to Council Police Department County Health Care Agency Downtown, Inc. The Empire Building The East End Grand Central Arts - CSUF Karmina Restaurant Latino Health Access Logan Neighborhood Association Mega Furniture Memphis Cafe Palabra de Vida Proof Rags Intl. Rancho de Mendoza Rumores News SACReD Saint Teresa's Catholic Gift Shop Santa Ana Alley Santa Ana Chamber of Commerce Santa Ana Restaurant Association Santa Ana Unified School District Telas The Copper Door The Crosby Velvet Lounge Viajes de Mexico In addition, staff provided information to an e-mail list of over 120 people, and posted items on the City's website and Facebook page. The entire process included the following meetings: Planning Commission Study Session - 11/1412012 Community Stakeholders Meeting - 2/2/2012 Planning Commission Ad Hoc Committee - 3/13/2012 Community Stakeholders Meeting - 3/20/2012 Planning Commission Study Session - 4/9/2012 75A-11 Zoning Ordinance Amendment No. 2012-03 November 26, 2012 Page 6 Public Safety Committee Meeting - 7/24/2012 Planning Commission Ad Hoc Committee - 10118/2012 Community Stakeholders Meeting -11/7/2012 Planning Commission Study Session - 11/13/2012 The proposed policy recommendations contained in this staff report evolved over the past year based on the input received from the community stakeholders and the Planning Commission Ad Hoc Committee. Staff believes that the proposed recommendations have been very responsive to the feedback received. CEQA Analvsis The adoption of this ordinance is exempt from CEQA pursuant to Section 15061(b)(3) which exempts projects which have no significant effect on the environment. A notice of exemption will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2012- 03 as conditioned and rescind Resolution 89-7. k ell Karen Haluza Planning Manager KH:jm KH/ZOA12-03 ABC Entertainment. pc Attachments: Exhibit 1 - Draft Ordinance Exhibit 2 - Resolution Rescinding Resolution 89-7 75A-12 ROH - 11/26/12 RESOLUTION NO. 2012-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RESCINDING PLANNING COMMISSION RESOLUTION NO. 89-7 WHICH DELEGATED AUTHORITY TO THE ZONING ADMINISTRATOR TO ACT ON ALCOHOL SALES CONDITIONAL USE PERMITS BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 41-630(b) of the SAMC allows the Planning Commission to delegate certain duties to the Zoning Administrator. B. In 1989 the Planning Commission delegated authority to the Zoning Administrator to grant Conditional Use Permits for alcohol sales licenses. Over the years this has caused delays for applicants who have had to have subsequent meetings before the Planning Commission, as well as confusion in those cases where an alcohol license CUP is proposed in conjunction with a banquet or after-hours CUP, which are heard by the Planning Commission. C. Rescission of Planning Commission Resolution No. 89-7 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 26, 2012. E. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of this resolution is exempt from CEQA review, and a Notice of Exemption will be filed upon adoption of this resolution. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby rescinds Planning Commission Resolution No. 89-7, thereby removing the authority to grant alcohol license CUP's from the Zoning Administrator and returning that responsibility to the Planning Commission. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated November 26, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2012-15 Page 1 of 2 75A-13 ADOPTED this 26th day of November, 2012 by the following vote: AYES: Commissioners: Acosta, Gartner, Mill, Nalle (4) NOES: Commissioners: Alderete, Yrarrazaval (2) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012-15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 26, 2012 . Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2012-15 Page 2 of 2 75A-14 c O r m u Y O C M1. U ? L 3 O C. r N Q N Q N N Q N N N z L } Z } } } Z } } C O .N N M1, O O O • O O E (Tj V) H V) N 'A 1/ 1 Ln N N ++ O c C E c • C _ E E C +? ? a . u c u on u c u c u ? v c o L ._ C _ C C E C LJ CL c Q C Q c c Q C " a; CL `° ca cv co ca O c Q a Z a Z a a Z a a w L 1 +r L O O • ? N Mn ±+ M1, ? E _ L £ v a o 0 a ? O O L ? U c E C n a L c a w N C O O 4+ i O N Y- ea 3 a Q a s a cu E v L U z U z U Z N d d w d W C N O N E 41 U m {L N .1 4 L "O -0 M1• O w !r c 3: " w O r N } O N O N 4) N O N a) Q N cu Q. Z } Z } Z } Z } a r C L w N N 4' E .S N N O fm CL t -C G M1. w a, !' f6 E- 3: t m 3 c ° N z . Z z z z z z z z } a s E U f0 ? ? co N f6 C u N t 7 C 0A U N C C 00 C y C co 00 Q C W - 0 ca 61. fC VA L C 2 C O N 0 (6 N m u Q U l J O d N N m H m 2 X W 75A-15 STUDIES REFERENCE Extent of the Alcohol-Violence Association Based on published studies, Roizen (3) summarized the percentages of violent offenders who were drinking at the time of the offense as follows: up to 86 percent of homicide offenders, 37 percent of assault offenders, 60 percent of sexual offenders, up to 57 percent of men and 27 percent of women involved in marital violence, and 13 percent of child abusers. These figures are the upper limits of a wide range of estimates. In a community- based study, Pernanen (4) found that 42 percent of violent crimes reported to the police involved alcohol, although 51 percent of the victims interviewed believed that their assailants had been drinking. (3)Roizen, J. Epidemiological issues in alcohol-related violence. In: Galanter, M., ed. Recent Developments in Alcoholism. Vol. 13. New York: Plenum Press, 1997. pp. 7-40. (4)Pernanen, K. Alcohol in Human Violence. New York: Guilford Press, 1991 2. Almost four in 10 violent crimes involve alcohol, according to the crime victim, as do four in 10 fatal motor vehicle accidents. And about four in 10 criminal offenders report that they were using alcohol at the time of their offense. Bureau of Justice Statistics, US Department of Justice, 1998. 3. In 2005, there were 5.2 million victims of violence, 27% of which perceived the use of alcohol or drugs by their attacker. Bureau of Justice Statistics, US Department of Justice, 2005. 4. Alcohol availability is closely related to violent assaults. Communities and neighborhoods that have more bars and liquor stores per capita experience more assaults. "The risk of assaultive violence and alcohol availability in Los Angeles County," American Journal of Public Health, 1995. 5. Alcohol and violence seem to find each other, but is there a stronger likelihood of violent crime depending on where alcohol is sold? In the residential areas of Minneapolis, the answer is yes, according to School of Public Health researchers. Traci L. Toomey, Ph.D., a professor in the School of Public Health's Division of Epidemiology and Community Health, has found residential neighborhoods in Minneapolis with higher densities of establishments that sell alcohol are more likely to have higher rates of violent crimes. Of the neighborhoods in question, those with more on-premise outlets such as bars and restaurants are more likely to see violent crimes than the neighborhoods with off-premise outlets such as liquor stores. Toomey's study, "The Association Between Density of Alcohol Establishments and Violent Crime Within Urban Neighborhoods," is currently available at Early View and will be published in the August 2012 issue of Alcoholism: Clinical & Experimental Research. "There are numerous studies that show an area with more alcohol establishments is likely to have a higher rate of violent crime," Toomey said. "But many of these studies do not differentiate between the type of establishments or the type of crimes." EXHIBIT C Page 1 of 2 75A-16 dr- , In this study, Toomey and her colleagues assessed whether the density of alcohol establishments impacted four categories of violent crime: • Assault • Rape • Robbery • Total violent crime The researchers studied whether or not the effects of a higher density of alcohol establishments varied by the type of violent crime and by on-premise establishments versus off-premise establishments. According to Toomey, results of this study, combined with earlier findings, provide more evidence that community leaders should be cautious about increasing the density of alcohol establishments within their neighborhoods. Abstract BACKGROUND: Numerous studies have found that areas with higher alcohol establishment density are more likely to have higher violent crime rates, but many of these studies did not assess the differential effects of type of establishments or the effects on multiple categories of crime. In this study, we assess whether alcohol establishment density is associated with 4 categories of violent crime and whether the strength of the associations varies by type of violent crime and by on-premise establishments (e.g., bars, restaurants) versus off-premise establishments (e.g., liquor and convenience stores). METHODS: Data come from the city of Minneapolis, Minnesota in 2009 and were aggregated and analyzed at the neighborhood level. Across the 83 neighborhoods in Minneapolis, we examined 4 categories of violent crime: assault, rape, robbery, and total violent crime. We used a Bayesian hierarchical inference approach to model the data, accounting for spatial auto-correlation and controlling for relevant neighborhood demographics. Models were estimated for total alcohol establishment density as well as separately for on-premise establishments and off-premise establishments. RESULTS: Positive, statistically significant associations were observed for total alcohol establishment density and each of the violent crime outcomes. We estimate that a 3.9 to 4.3% increase across crime categories would result from a 20% increase in neighborhood establishment density. The associations between on-premise density and each of the individual violent crime outcomes were also all positive and significant and similar in strength as for total establishment density. The relationships between off-premise density and the crime outcomes were all positive but not significant for rape or total violent crime, and the strength of the associations was weaker than those for total and on-premise density. CONCLUSIONS: Results of this study, combined with earlier findings, provide more evidence that community leaders should be cautious about increasing the density of alcohol establishments within their neighborhoods. Copyright © 2012 by the Research Society on Alcoholism EXHIBIT C Page 2 of 2 75A-17 DATA TO SUPPORT HOURS AND PERSONNEL DEVOTED TO ENTERTAINMENT ESTABLISHMENTS An evaluation of 2009 CFS data for those locations found that CFS at dance establishments exceeded those of similar establishments that did not conduct dancing. The average number of CFS at a dance establishment is 17 while the average number of CFS at an establishment without public dancing is six (6). The number of hours spent on CFS is just as disparate. Police Department personnel spend an average of 17 hours on CFS at dance establishments. The average number of hours spent at locations without dancing is seven (7). ¦CFS ¦Hours A comparison was made of establishments that are located within the same shopping center. The locations with dance permits have a type 47 ABC license, those that do not have dance permits have a type 41 ABC license. In the first two examples, the locations have the same physical address but are at the opposite end of the shopping center. In the third example, the locations are exactly the same size, have the same type of ABC license, and are at the opposite end of the center. The difference in both the number of calls and hours spent on calls is consistent with Comparison #1. 1701 E. McFadden Avenue 25 20 15 10 oCFS _ ¦Hours EXHIBIT D Page 1 of 3 75A-18 Restaurants Restaurants Yd Dancing Suite F (No Dance Suite K (Dance Permit Permit) 230 W. Warner Avenue 30 20 10 0 20 15 10 5 0 Comparison #3 ¦CFS ¦Hours The majority of dance establishments are less than 5000 sq. feet. However, there are a few establishments over 10,000 sq. feet. A comparison was made of those larger establishments and the data reflected the same differences in CFS and hours as the other examples. All establishments used in this comparison have a type 47 ABC license. Establishments Over 10k Sq. Ft. 25 20 15 10 5 0 Black Angus Claim Jumper Festival Nall El Cortez (NO Dance (No Dance (Dance (Dance Pems1) Pertrrtl Pemnit) Permit) EXHIBIT D Page 2 of 3 zs__ r ®CFS ¦Hours ®CFS ¦Hours 75A-19 Suite 107 (No Suite 101 Dance Dance Penn it) Perm it) 3608 S. Bristol (No 3672 S. Bristol Dance Perm it) (Dance Perm it) Comparison #4 An evaluation of seven locations within the Artist Village area that do not conduct dancing, found that the number of CFS generated was similar to dance establishments, contrary to the three prior comparisons. This may be attributed to the high level of activity in the area, the adjacent residential uses and concentration of alcohol-licensed establishments. It should be noted that although the number of CFS was similar, the number of hours spent is comparable to those establishments that do not conduct dancing. These locations are a mixture of bar and restaurant uses. Artist Village Comparison EXHIBIT D Page 3 of 3 75A-20 (ROH 07/15/13) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 11 AND 41 OF THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S REGULATION OF ENTERTAINMENT AND ALCOHOL PERMITS AND APPLICATION STANDARDS. 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. That the judicious regulation of the sale and service of alcohol is necessary to protect the public health, safety and welfare. B. That the City of Santa Ana seeks to be in compliance with the State of California's regulations for the sale and service of alcohol as contained in the Alcoholic Beverage Control Act (Business and Professions Code Section 23000-23047). C. That, after a thorough period of research and public involvement, the following standards have been developed in order to simplify the permitting process for alcohol sales conditional use permits, while maintaining those regulations necessary to provide for public health, safety and welfare. D. The Police Department is currently updating Chapter 11 to create regulations to encompass entertainment establishments. The Department recognizes that the unique entertainment venues within the City serve to provide a rich and diverse cultural experience for individuals and visitors to the City. E. With reduced revenues and the increased growth of nightlife in the city, 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 to minimize calls for service while ensuring a reduced fiscal impact on the City. F. Police department data convincingly supports the premise that the City's entertainment establishments routinely generate a greater percentage of police-related calls and require a greater number of police service hours than establishments that do not provide entertainment. 75A-21 G. The proposed revisions will add operational standards, such as minimum lighting and security guards, while deleting outdated requirements, such as patron registration. The proposed revisions to Chapter 11 will address all live entertainment venues throughout the City and will rename the Dance Permit to the Entertainment Permit. The Entertainment Permit would require the permitting of any venue having live entertainment on a regular basis. The proposed revisions would establish five entertainment categories each specifying mandatory criteria and operational standards, such as requiring minimum police officer and security staffing, attendee identification scanning and a security plan. H. The changes to Chapter 11 will require all entertainment venues within the City that are currently conducting entertainment to obtain an Entertainment Permit. Existing uses will be given a one-year grace period in order to obtain the permit. The changes will create a consistent set of regulations for all entertainment venues within the City. The Request for Council Action for this ordinance dated July 15, 2013, 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. K. 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. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 11-1 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Chapter 11 DANCING ENTERTAINMENT Sec. 11-1. Definitions. 75A-22 For the purpose of this chapter the words and phrases herein defined shall be construed as having the following meanings: After-hours is operation of an establishment with live entertainment between the hours of 12 midnight and 2-amy 4 a.m. Live Entertainment will not be allowed between 4 a.m. and 8-a-.n;-. 8 a.m. Ambient music is recorded music which is audible from a distance of no more than twenty (20) feet from any portion of the exterior of the premises and which is utilized to create ambience and is not intended to entertain. Amplified music is electronically enhanced music which is audible from a distance of no more than twenty (20) feet from any portion of the exterior of the premises and which is intended to entertain. Dance or Dancing is movement of the human body accompanied by music or rh hm. Live entertainment includes, but is not limited to, musical performances (non-ambient, live or recorded), any act, play, revue, pantomime scene, dance act, DJ, Karaoke, strolling musician or any combination thereof, performed by one (1) or more persons whether or not they are compensated for the performance. Private dance entertainment is a-dance entertainment which is limited to those persons individually invited, to which no admission charge is made, or a-a?se entertainment conducted by a bona fide club, society or association, or organization incorporated for benevolent, charitable, dramatic, literary, recreational or daRGing entertainment purposes having an established membership, and which holds meetings other than such danGes entertainment at regular stated intervals, and when the proceeds, if any, of such dance entertainment are used only for the purposes of such club, society, association or organization. 75A-23 Section 4. Section 11-2 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11-2. Private daases entertainment excepted. The provisions of this chapter shall not apply to a private dance entertainment. Section 5. 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) Temporary Live Entertainment. Every person desiring to conduct a pub4is-dame temporary live entertainment, not to exceed one (1) day, shall, ten (10) days prior to such daRGe temporary one (1) day live entertainment event, file an application for a peRni land use certificate Ito do so with the Ghief Of p9l"Ge of the ' on forms provided. No applicant may obtain more than six (6) temporary one (1) day live entertainment land use certificates in any one-year period. Any property where temporary live entertainment is provided must comply with all zoning and occupancy requirements and regulations applicable to that property. Temporary live entertainment shall be governed under the provisions for land use certificates, and are not subject to the provisions for entertainment permits under this section. danGing plaGe shall file aR appliGatiGR fbF a permit to do se with the Ghief of PGIMGe at least thiFty (30) days prier theFete. The r.nn shala the names and addFesces o emRs f all ``""ff'"'FF O RteFested on the daRGe as a business F the Rarnes aRd addresse Y all OffiGeFs s of r sa i me, days, the date or the i O r ai;d the heuFs wheR the same s pFepesed to be r aRd the adm GG OR fee to be GhaFged. (b) Entertainment Permit. Every person wishing to provide live entertainment as defined in Section 11-1 Definitions, shall file an application with the City Manager, or designee, on forms provided at least sixty (60) days prior to the commencement of the offerina of such entertainment. (c) Such written application shall set forth 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: 75A-24 (3) The days and time of entertainment activities 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 entertainment 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) Detailed description of all entertainment to be provided, including, but not limited to, amplified music, dancing, and any other similar live entertainment activities; (OfM The skief of pel?se City Manager, or designee, shall investigate the persons applying for such permit, shall consider the items and standards for granting set out in section 44-5 11-6 and, in conformance therewith, shall determine which permit category applies pursuant to section 11-7, and then either grant such permit if all of the conditions of approval have been met. In the event that all of the conditions of approval have not been met, the City Manager, or designee, may of deny the permit applied for, and shall forthwith notify the applicant of 4is the action along with a statement identifying the reasons for the denial. (G)f!21 No person, firm, partnership, corporation, company, or non-profit or charitable organization shall conduct any , place entertainment, without first making application for and obtaining a permit so to do so, nor shall any person conduct the same during the time while a permit so to do so is revoked. (d)ff Any modifications or revisions to the live entertainment provided under an entertainment permit require City Manager, or designee, approval. (g) An entertainment permit shall be valid for a period not to exceed one (1) year from date of issuance. Entertainment permits are not automatically renewed and it shall be the responsibility of the permit holder to file a new application for an entertainment permit at least forty-five (45) days prior to the previous permit's expiration. (h) All establishments within the City that were conducting activities requiring permitting and regulated under this section whose activities existed prior to [Ordinance Adoption Datel, shall have a period of one (1) year from the date of the 75A-25 adoption of the revisions to apply for an entertainment permit. During such time any fees for the processing of the permit shall be waived. (i) Any permit issued pursuant to the terms of this chapter is issued solely to the person or entity applying for the permit and is non-transferrable to any other person or entity. ?e}M Any permit applicant aggrieved by the decision of the Ghief e€-pelise City Manager, or designee, to deny said permit may appeal to the Gity GOURGO! 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 Ghief of pelise City Manager, or designee, within seventy two (72) hour-s- ten (10) days of service of the written notice of the Ghie€ of pGlise's City Manager's, or designee's, decision. Section 6. Section 11-4 of the Santa Ana Municipal Code is hereby deleted in its entirety: In the event any nerc nn ho the ter iol te any lding a neFFnit ? ender this nh h ll rtT Gf this Gha teF OF shall eR:not O ap v a s a F allow an ille al p p g , y f The Ghief of e"Ge m a when vielatieRs of l w in th i hb ch d d p i y, a e Re g eXGee oi ee the aveFage feF l ke aFeas in the f f i f te dUFOR all times daRGOR is allowed keep the peaGe and eRfGFG e all statutes and oFd RaRGe6 g g -. Santa Ana MuniGi al Gede eX Ge t that the wFitteR Retir f l t b fil d ith th p , 1 +? n ? o O h d h p e o appea mus e e w e 7 ine of he i T e 'm ithi e-??rG t c an t e G t n seventy tWO ( e ei-PG 6 2) h()UrS Of seFV w i Section 7. Section 11-5 of the Santa Ana Municipal Code is hereby deleted in its entirety: SeG. 11 5. Same LGGatieR standards. 75A-26 11 11 a s d in dPAPP SeOOGR 23038 of the BU6iRess aR d PFefessiORG Code of the State of -- - and the laGe of bUS*Ress has seats at ta bles to seat at least fi? (50) eo le f p p p , f food and has not Ies 6 than thFee hundFed (300) s uare fe et of fleeF f q spa beverages aFe sold, unless the plarae has ROt less than iWe hURdFed (500) square feet Gf Section 8. Section 11-6 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11-6. Same- Issuance of permit. OR GGnsideFiRg any appliGatiOR The Ghief of pelise City Manager, or designee, shall issue an entertainment permit to an applicant who submits a completed entertainment permit application and has fulfilled all conditions of approval found in this chapter. No permit shall be issued if the applicant or any person interested in or having any control of any part of the management of the use entertainment has been convicted of a felony Any such conviction will justify the revocation of any existing permit. Section 9. Section 11-7 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11-7. PFohmbited GgnduGt of operate Same--Operational standards. plaGe µ 75A-27 (2) iss 1e any pass GU t nheGk to allow .any n?atFOR thereof who has left the vvaav Nuvv awa v, wv?? to n (4) Perrrr "'it 9F allow any n;uneri?rundeF the age of si)deeR (16) a s to All establishments with an entertainment permit shall comply with the following operational standards: (a) Categoa 1. If the establishment has no amplified music no dancing and is not operating after-hours, as defined in this chapter, then no entertainment permit is required. (b) Category 2. If the establishment has amplified music but no dancing and is not operating after-hours, as defined in this chapter, then an entertainment permit is required and the establishment shall comply with the following operational standards: (1) The owner or manager of the entertainment venue shall maintain on the premises a written security plan approved by the Police Department The Category 2 Security Plan shall consist of a policies and procedures manual that addresses the following items: (A) Procedures for handling obviously intoxicated persons (B) The method for establishing a reasonable ratio of employees to patrons, based upon activity level in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. (C) Procedures for handling patrons involved in fighting arguing or loitering about the building and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s) (D) Procedures for verifying the age of patrons for purposes of alcohol sales. 75A-28 (E) Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. reported criminal activity. (F) Procedures for calling the police regarding observed or (G) Procedures for management of queuing lines. (H) The location and description of any video games proposed to be on the premises. (2) Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in the security plan. Any pool or billiard tables will be subject to the provisions of Santa Ana Municipal Code Chapter 29 - Pool and Billiards. (3) Neither the responsible party for the permitted establishment, nor any person or entity operating the premises with the permission of the responsible party, shall violate the City's adult entertainment ordinance contained in Santa Ana Municipal Code section 12-1 and 12-2. (4) The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41-1701.6. (5) Persons who appear obviously intoxicated shall not be admitted into the venue. (6) Employees shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. (7) Musictnoise shall not be audible beyond 20 feet from the exterior of the premises in any direction. (8) There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. (9) Any graffiti painted or marked upon the premises or on any adjacent area under the control of the responsible party for the permitted establishment shall be removed or painted within 24 hours of being applied. 75A-29 (10) It shall be the permitted establishment's obligation to ensure that California Penal Code section 602 - Trespassing is complied with at all times that the premises are in operation. (11) The responsible party for the permitted establishment shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. (12) In no event shall the applicant allow the number of occupants to exceed the posted maximum occupancy. (13) Existinq venue and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require existing project lighting may require upgrading and new lighting must meet current code standards. Lighting standards cannot be located in required landscape planters where they may become obscured by the mature canopy growth of trees. (14) Cash register(s) must be visible from the street at all times and shall not be obstructed at any tme by temporary or permanent signage or other mitigation agreed upon with the Police Department. (15) Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. (16) Window displays and racks must be kept to a maximum height of three feet including merchandise. (17) A timed-access cash controller or drop safe must be installed or other mitigation measures agreed upon with the police department. (18) Installation of a silent armed robbery alarm or other mitigation measures agreed upon with the police department. (19) The permittee is ultimately responsible for all activity on the premises. (20) The permit is non-transferable. The permit cannot be transferred to a new owner/operator, under a sublease or by a subcontractor. (c) Category 3. If the establishment has amplified music and dancing but is not operating after-hours, as defined in this chapter, then an entertainment permit is required and the establishment shall comply with all of the operational standards for Category 2 entertainment permits, as well as the following operational standards: io 75A-30 (1) The owner or manager of the entertainment venue shall maintain on the premises a written security plan approved by the Police Department. The Category 3 Security Plan shall consist of a policies and procedures manual containing all of the items required in the Category 2 Security Plan plus the following: (A) A fully-dimensioned site plan showing: (i) The posting locations of any required security guards: patrons: storage area: (ii) The location of all emergencv exits: (iii) The location of primary entrances and exits for (iv) The location and square footage of the alcohol (v) The dimensions and locations of the dance floor(s), stage(s) and fixed bar(s): NO The location of the designated queuing area including the location of any stanchions: NO The location of all cameras for the required Closed Circuit Television System (CCTV): (viii) Occupancy standards and approvals from the Building Department and Orange County Fire Authority: (ix) Additional items as required to be indicated as determined necessary by the City Manager, or designee. (B) Procedures for counting the number of occupants entering and exiting the venue for purposes of enforcing established occupancy limits. 2) Except in case of emergencv, the responsible party for the permitted establishment shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits from enclosed patio areas. Steps shall be taken by the responsible party for the permitted establishment to discourage unauthorized exiting. (3) The Police Department will require uniformed, state-licensed security guards and/or Santa Ana police officers, at the owner's expense to perform crowd control inside and outside of the establishment, based upon the type of activities anticipated at the location or based upon prior history of activity at this establishment or other similar businesses. These security guards will be deployed as per the agreed upon Security Policies and Procedures Manual that has been approved by the Police Department. At a minimum and at all times entertainment is being offered the applicant shall employ a minimum of one (1) uniformed state licensed security -guard for every 100 persons in attendance per event, for keeping the peace. Mandated security officers will be required to use a radio frequency and communication equipment that is specified by the Police Department. Radios and communication equipment will be provided by the establishment at the establishment's cost. Guards will be required to provide escort service to patrons of the establishment if requested insofar as the guard is not off the 75A-31 premises for more than ten (10) minutes. Mandated security guards will be required to participate in mutual aid activities with the Police Department and other guard companies at the direction of the Police Department. This may include the adoption of mutual aid communications as well as attendance at information sharing meetings. It is the responsibility of the permittee to keep copies and associated records of all individuals acting as private security for the establishment, which illustrate their State-licensed certification. These copies/records shall be readily accessible and provided to Santa Ana Police personnel 24 hours a day upon request. An electronic incident loa shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, excessive loud noise, etc. (5) Contract security services, proprietary security personnel, or personnel assuming the functions typically associated with security shall be familiar with the establishment's written Police Department approved Security Policies and Procedures by reviewing them and signing that they have read and understood the policy. The signed acknowledgement shall be kept in a file relating to the security manual and shall be made available to the Police Department upon request. (6) Security personnel required by the entertainment permit issued for the entertainment venue shall be in a uniform or clothing, which is readily identifiable as a security person. Security uniform standards will be included in the Security Policy and Procedures Manual and will not be the same colors as the Police Department's. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance. (7) If there is an increase of 25% in the number of police-related incidents on or near the premises, the permittee shall increase the number of uniformed state-licensed security guards to a total number of guards as determined by the Chief of the Police Department. (8) In addition to the above number of state-licensed uniformed security guards, the applicant shall provide a minimum of one state-licensed uniformed security Guard to ensure patron safety when -going to and from the required parking for the venue whether on-site or off-site. Said guard is specifically assigned to this function until all activity on the premises has ceased and patrons have cleared the parking area 12 75A-32 (9) For any concert/live entertainment event where attendance exceeds 400 persons, it shall be the Permittee's responsibility to pay for a minimum of two uniformed Santa Ana police officers to work the event and ensure public safety. If the proposed event is deemed to have special circumstances by the Police Department, the Chief of Police or his authorized representative may increase the number of required police officers to ensure public safety. The officer costs shall be the Permittee's responsibility to include, at a minimum one-half hour prior to, during, and one-half hour after the time the event is scheduled to end or until all patrons have left the premises and parking areas. Law enforcement presence is required at a minimum of four hours for each officer assigned to the venue. (10) The permittee will be responsible for verifying the age of those wishing to purchase and/or consume alcoholic beverages in order to ensure that the business is in compliance with State law restricting the age of the sales and consumption of alcohol to those twenty-one (21) years of age and older. This verification process may include such techniques as, the manual checking of identification by a trained employee, the use of an identification scanner or similar device, or other method as approved in the security plan. This condition is not intended to be used as a means to discriminate against patrons based on race, ethnicity or legal status. (11) 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. This system will be clearly identified within the agreed upon Security Policy and Procedures manual. Camera system components shall include: (A) A minimum of one color camera at each police department specified location. (B) A color camera recorder or digital system capable of recording events on all cameras simultaneously. (C) Provide an IP-based system. (12) The permittee shall submit a monthly activity schedule to the Police Department. The schedule must include a brief synopsis of the type of venue, hours of the venue, artist(s) names and expected attendance. The submission must be via e-mail and must be received 30 days prior. Updates to the proposed schedule must be sent immediately. (13) A ticket manifest for an event shall be provided, on demand, to an authorized Police Department representative, if requested. The ticket manifest must clearly outline the total number of tickets sold for said event. It is generally understood that the industry standard is to utilize an electronic ticketing system. Authorization by the Police Department to access this online electronic system is the preferred method. (14) Queuing lines shall be managed in an orderly manner and all disruptive and intoxicated patrons shall be denied entry. The business owner or his 13 75A-33 designate shall be responsible for monitoring and managing the queuing lines at all times. Food or alcohol may not be served to patrons waiting to enter the establishment. (15) The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses and residences. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. Placement of stanchions and barriers must receive Public Works Agency approval. (16) Controls shall be established to maintain occupancy levels allowed by the Orange County Fire Authority and these Fire Department approved levels will not be exceeded. Methods of controlling occupancy can include, but not limited to the following: Counters used to count the number of occupants entering and exiting the location, which are available for inspection by OCFA or the police department. (17) The permitted establishment shall at all times comply with Santa Ana Municipal Code sections 10-181 through 10-187 regardinq curfews for minors. (d) Category 4. If the establishment has amplified music, dancing, and is operating after-hours, as defined in this chapter, then an entertainment permit is required and the establishment shall comply with all of the operational standards for Category 2 and Category 3, as well as the following operational standards: (1_) The owner or manager of the entertainment venue shall maintain on the premises a written security plan approved by the Police Department. The Category 4 Security Plan shall consist of a policies and procedures manual containing all of the items required in the Category 2 and Category 3 Security Plans plus the following: (A) Procedures for the provision of alternate transportation services to patrons. This may include procedures for access to a telephone, the provision of a list of taxi services, or other service that will ensure the safe travel of any patron particularly those who are intoxicated, in leaving the establishment. Section 10. Section 11-8 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11-8. °1n^"^li^ beverages; taking into Indemnification. business Anyone possessing an entertainment permit shall indemnify and hold the City harmless from any and all losses, claims actions or damages suffered by any person or persons by reason of or resulting from any negligence of the permittee or its agents 14 75A-34 employees, or patrons or on account of any act or omission of the permittee in its exercise of its permit or use or occupancy of any premises in connection with such permit. In the event any suit or action is brought against the City, the permittee shall, upon notice of the commencement thereof, defend the same, at no cost and expense to the City, and promptly satisfy any final judgment adverse to the City or to the City and the permittee jointly; provided, that in the event the City determines that one (1) or more principles of governmental or public law are involved, the City retains the right to participate in such action. The above liability shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost or expense may have been, or may be alleged to have been, contributed to by the negligence of the City or its officers, employees or agents; provided, however, that nothing contained in this section shall be construed as requiring the permittee to indemnify the City against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the City, or its officers, employees or agents. Section 11. Section 11-9 of the Santa Ana Municipal Code is hereby deleted in its entirety: ey*r.ted theref am Section 12. Section 11-10 of the Santa Ana Municipal Code is hereby deleted in its entirety: SeG. 11 10. NightGlub; ' . Section 13. Section 11-11 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11-11. DanGiRq and love i Entertainment prohibition; hours. No person shall allow, conduct or permit on any premises within the city open to the public any of the follow4V entertainment activities between the hours of 2-a.FA-. 4 . and 6-a:m, 8 a.m. during any day of the week.. 15 75A-35 GWstememr,, (2) Live MUSO G whether e4m:ned b r f i ' , p y p e ess GRa S OF . peFM Me Section 14. Section 11-12 of Chapter 11 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 11-12. Entertainment Permit 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 15. Section 11-13 of Chapter 11 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 11-13. Penalties and Revocation (a) Any establishment obtaining an entertainment permit shall be subject to a penalty in the event that the business is in violation of any of the conditions of approval outlined in this chapter. (b) This penalty shall consist of: (1) a written warning upon the first violation which shall cite the specific condition(s) of approval that were violated; (2) the pavment of a fine upon the second violation; (3) the payment of an increased fine upon the third violation; (4) the setting of an administrative revocation hearing pursuant to the procedures established in Chapter 3 of the Santa Ana Municipal Code for the fourth violation. (c) In the event of a revocation the permittee may apply for reissuance of the permit after six (6) months from the date of revocation Until such time as the permit may be reinstated, all entertainment on the premises must cease 16 75A-36 Section 16. The title of Chapter 12 of the Santa Ana Municipal Code is amended to read in full as follows: Chapter 12 ADULT ENTERTAINMENT Section 17. Section 41-25.5 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41-25.5. Bar. A commercial establishment whose primary use is the sale and service of alcoholic beverages for consumption on the premises, with or without food service, from which minors are excluded by law and which requires a "public premises"-type license restaurant would be allowed. Section 18. Section 41-44.5 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41-44.5. Concert Venue. A commercial establishment of 11,000 square feet or larger where people go to primarily listen to and observe various forms of live concerts or entertainment, which includes dancing or other form of personal interaction with the performance. Section 19. Section 41-57 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41-57. Eatinq Establishment. A commercial establishment whose primary use is the sale and service of meals on-site to quests and which has suitable kitchen facilities containing the necessary appliances required for cooking unpackaged foods, and which complies with all of the requirements of the local department of health and the California Department of Alcoholic Beverage Control for a bona fide public eating place pursuant to the Section 23038 of the California Business and Professions Code. 17 75A-37 Section 20. Section 41-101.2 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41-101.2. Live Entertainment. Includes, but is not limited to, musical performances (non-ambient (as defined in section 11-1) live or recorded) any act play, revue pantomime scene dance act, DJ, Karaoke, strolling musician or any combination thereof, performed by one (1) or more persons whether or not they are compensated for the performance Section 21. Section 41-128 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41-128. Off-Sale Establishment. Those establishments licensed by the California Department of Alcoholic Beverage Control to sell alcohol for consumption away from the premises (e.g., liquor stores, convenience stores, grocery stores). Section 22. Section 41-129 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41-129. On-Sale Establishment. Those establishments that qualify as bona fide eating establishments and that are licensed by the California Department of Alcoholic Beverage Control to sell alcohol for consumption on the premises. Section 23. Section 41-138.5 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41-138.5. Public Premise. An establishment licensed by the California Department of Alcoholic Beverage Control to sell and serve alcohol pursuant to Section 23039 of the California Business and Professions Code. Section 24. Section 41-150.8 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41-150.8. Separation Requirement 18 75A-38 The prescribed distance between a regulated use, conditionally permitted use, or any other use specifying a separation requirement, and the sensitive use(s) near which it is located. For purposes of variances or minor exceptions as addressed in Sec. 41-632, a separation requirement will not be considered a development standard and will not be subject to waiver or modification. Section 25. Section 41-132 of the Santa Ana Municipal Code is hereby deleted in its entirety: Fn aFkets lace. than twenty thousand (20,..vv? a...?a. aw,v ,vva v„w 000) sq aFe feet shall he defined s: -------'?a? ._?? .. .?... ... ?. .? ?.-.., be an--?cav -craT. (1,000) feet 4 (20,000) squaFe feet; 1 090 f t 4 ( , ) ee i p pui pese6, Section 26. Section 41-191 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41-191. Regulated uses. (a) Purpose. It is recognized that there are some uses which, because of their very nature, are considered as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, by having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood by a concentration of these uses in any one (1) area. (b) Uses subject to regulation: (1) Adult bookstore as defined in section 41-12.1. (2) Adult entertainment businesses as defined in section 41-12.2. (3) Adult theaters as defined in section 41-12.4. 19 75A-39 1701.6. (4) Adult entertainment businesses as defined in section 41- (6) Figure model studios as defined in section 12-120. (97) Massage establishments as defined in section 22-1. (S8) Peep show establishments as defined in section 12-22. (4%) Adult motels as defined in section 41-12.3. (c) It shall be unlawful to hereafter establish any of the uses referred to in subsection (b) within the separation requirement of one thousand (1,000) feet of any other such regulated use. (d) None of the uses referred to in subsection (b) may be established within the separation requirement of one thousand (1,000) feet of any property zoned or used for residential, church, school primarily attended by minors, or park purposes. (e) ARY waiYeF of the Y . (e) It shall be unlawful for bars, as defined in Section 41-25.5, to be established Section 27. Section 41-195.5(g) of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41-195.5. Temporary Outdoor Activities. (g) subjeGt to the fGIIGWiRg-.- Temporary outdoor activities where alcohol sale or and/or consumption is allowed. (1) All cooking: equipment (grills, barbecues, etc.) must be turned off one-half ( 1/2) hour before the activity closure each evening. 20 75A-40 (2) The sale, service and consumption of alcohol shall occur only within a fenced-in area. This area shall be designated with appropriate signage identifying it as such and shall be approved by the police department. (3) The applicant shall ensure that security personnel are on duty at all times and monitoring the fenced-in area designated for the sale, service and consumption of alcohol. Security personnel shall prevent people from carrying alcoholic beverages outside the designated area noted in 41-195.5(g)(2). (4) Advertising which indicates the availability of alcoholic beverages shall be posted at the point of beverage dispensing only. (5) Alcoholic beverages shall be served in distinctive cups, which are different from those used for non-alcoholic beverages. (6) No more than two (2) cups containing alcoholic beverages may be sold to a customer at a time. All alcoholic beverages shall be sold in paper or plastic cups and not in their original glass or metal containers. (7) The server is prohibited from selling alcoholic beverages to an obviously intoxicated person. (8) The server is prohibited from consuming alcoholic beverages. (9) The sale, service and consumption of alcoholic beverages shall cease one (1) hour prior the end of the activity. Section 28. Section 41-196 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41-196. Establishments selling alcoholic beverages. (a) Conditional Use Permit required. Except as provided in subsection (b), no establishment may sell alcoholic beverages for either on-site or off-site consumption unless a conditional use permit has been approved for such establishment pursuant to Article V of this chapter. Prior to the public hearing for the approval of said conditional use permit, the establishment must be in compliance with all provisions of Chapter 41 (b) 677 Land use certificates for incidental alcohol sales. A land use certificate shaA may be issued pursuant to the requirements of Section 41-675 for an establishment which serves alcoholic beverages for either on-site or off-site consumption only if the establishment falls within one (1) of the following categories: 21 75A-41 (1) Club or lodge establishments where admittance is limited to members and guests invited by members and where the sale of alcoholic beverages is clearly incidental to other activities conducted on the premises. (2) Florists shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (c) Alcohol storage and display area for off-sale establishments No off-sale establishment under 10,000 square feet shall have a combined alcohol storage and display area that exceeds five percent (5%) of the gross floor area of the store area (d) Separation requirement for off-sale establishments under 10,000 square feet. No off-sale establishment may be granted a conditional use permit for the sale of alcoholic beverages if any of the following conditions apply: (1) The proposed establishment is within one thousand (1,000) linear feet of an existing off-sale alcohol license as measured from the primary entrance of one establishment to the primary entrance of the other establishment (2) The proposed establishment is within one thousand (1,000) linear feet of any property used as a school primarily attended by minors for a church or for park purposes as measured from the door of one establishment to the door of the other use(s) (3) The proposed establishment is determined to be overconcentrated by the state department of alcohol beverage control as defined in Business and Professions Code section 23958.4. (e) Finding of public convenience or necessity for off-sale establishments under 10,000 square feet located within an area of undue concentration If the proposed off-sale establishment is located within an area deemed to have an undue concentration of off-sale alcohol licenses pursuant to the State Department of Alcoholic Beverage Control the City may at its discretion, prepare a Letter of Public Convenience or Necessity to allow the alcohol license pursuant to the process contained in Section 41-645.5. However, the conditions in subsections (2) and (3) may not be waived. (f) Operational standards for off-sale establishments The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41-196: (1) No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee 22 75A-42 (2) The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. (3) There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. at any time. (4) There shall be no coin-operated games maintained on the premises (5) All public telephones shall be located on the interior of the premises. (6) Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within 24 hours of being applied. (7) The applicant shall post a placard prohibiting loitering pursuant to California Penal Code ("CPC") section 602, on the exterior of the premises. (8) It shall be the applicant's responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. (9) The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages. (10) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the police department, addressing at a minimum the following items: handling obviously intoxicated persons: establishing a reasonable ratio of employees to patrons based upon activity level in order to monitor beverage sales and patron behavior; handling patrons involved in fighting arguing or loitering about the building and in the immediate adjacent area that is owned leased rented or used under agreement by the Licensee(s); verifying age/checking identification of patrons: calling the police regarding observed or reported criminal activity. (11) 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 applicant may be required to provide state-licensed uniformed security guards at a number determined by the Chief of Police. (12) All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each 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 23 75A-43 (13) Alcoholic beverages in containers of less than 16 oz. cannot be sold by single containers, but must be sold in pre-packaged multi-unit quantities. (14) The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00/midnight each day of the week unless otherwise modified by the granting of an after-hours Conditional Use Permit. (15) Existing building and required parking must conform to the provisions of Chapter 8, Article ll, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance) These code conditions will require that the existing project lighting door/window locking devices and addressing be upgraded to current code standards Lighting standards cannot be located in required landscape planters. (16) Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage (17) Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage (18) Window displavs and racks must be kept to a maximum height of three feet including merchandise. (19) A timed-access cash controller or drop safe must be installed (20) A silent armed robbery alarm must be installed and operable at all times. (21) Clearly distinguishable height markers shall be installed on the inside door iamb of all doors used by the public to access the store Horizontal marks one-inch wide by three inch long, in different colors and in a contrasting color to the background shall be placed every six inches beginning at 5' and ending at 66" (22) No person under the age of 21 shall sell or deliver alcoholic beverages. (23) Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: (a) A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head (b) A minimum of one color camera that views the full length side of a customer at the cash register area 24 75A-44 (c) A color camera recorder capable of recording events on all cameras simultaneously. (d) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. (e) If video tape is used tapes cannot be taped over more than six times. An audio recording com onent that will record sounds occurring at the customer counter. (g) An Internet Protocol (IP)-based system is required. (24) It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC Sectio133.210. (25) The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs This shall include any window signs and temporary banners. (g) Operational standards for on-sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41-196 (a). (2) There shall be no fixed bar or lounge area upon the premises of an eatina establishment maintained for the sole purpose of sales service or consumption of alcoholic beverages directly to patrons A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. (3) The sales service and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 1200 a.m. unless otherwise amended by the grantinq of a conditional use permit for after-hours operations pursuant to Santa Ana Municipal Code Chapter 41. (4) It shall be the applicant's responsibility to ensure that no alcoholic bevera es are consumed on an pror)ertv ad'acent to the licensed remises under the control of the applicant with the exception of any enclosed patio areas. 25 75A-45 (5) The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. (6) All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. (7) During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status but only to comply with state law restricting the sale of alcohol to those 21 and older. (8) Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated patrons shall be denied entry. The business owner, or his designee shall be responsible for monitoring the queuing lines at all times. (9) The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. (10) Employees and contract security personnel shall not consume any alcoholic beverages during their work shift except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. (11) There shall be no exterior advertising of any kind or type including window signs or other signs visible from outside that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior, shall constitute a violation of this condition Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height (12) There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink get one free" "two for the price of one" or "all you can drink for..." or similar language. (13) Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 26 75A-46 (14) Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ("SAMC") Chapter 11 - Entertainment, and shall comply with all of the standards contained therein. Notwithstandinq this requirement, music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. (15) Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12-1 and 12-2. (16) The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. (1) The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. (18) There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. (19) Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. (20) Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting door/window locking devices and addressing be upgraded to current code standards Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with (21) A timed-access cash controller or drop safe must be installed (22) Install a silent armed robbery alarm. (23) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: (A) Procedures for handling obviously intoxicated persons (B) The method for establishing a reasonable ratio of employees to patrons, based upon activity level in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. 27 75A-47 (C) Procedures for handling patrons involved in fighting, arguing or loitering about the building, and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). (D) Procedures for verifyinq the age of patrons for purposes of alcohol sales. (E) Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. (F) Procedures for calling the police regarding observed or reported criminal activity. (G) Procedures for management of queuing lines. (H) The location and description of any video games proposed to be on the premises. (24) The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. (25) Combined alcohol storage and display areas shall not exceed five percent (5%) of the gross floor area of the licensed establishment. Section 29. Section 41-196.2 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read in full as follows: Sec. 41-196.2. Concert venues. (a) Conditional Use Permit required. No concert venue, as defined in Section 41-44.5, may operate as a commercial use unless a conditional use permit has been approved for such establishment pursuant to Article V of this chapter. Prior to the public hearing for the approval of said conditional use permit, the establishment must be in compliance with all provisions of Chapter 41. (b) Operational standards for concert venues. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41-196.2: 28 75A-48 (1) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the Police Department, addressing at a minimum the following items: (A) Procedures for handling obviously intoxicated persons. (B) The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. (C) Procedures for handling patrons involved in fighting, arguing or loitering about the building, and/or in the immediate adiacent area that is owned, leased, rented or used under agreement by the Licensee(s). purposes of alcohol sales. (D) Procedures for verifying the ape of patrons for (E) Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. reported criminal activity. be on the premises. guards: (F) Procedures for calling the police regarding observed or (G) Procedures for management of queuing lines. (H) The location and description of any video games proposed to (1) A fully-dimensioned site plan showing: (i) The posting locations of any required security (ii) The location of all emergency exits; (iii) The location of primary entrances and exits for patrons: storage area; (iv) The location and square footage of the alcohol (v) The dimensions and locations of the dance floor(s), stage(s) and fixed bar(s); (vi) The location of the designated queuing area including the location of any stanchions; NO The location of all cameras for the required Closed Circuit Television System (CCTV; (viii) Occupancy standards and approvals from the Building Department and Orange County Fire Authority; 29 75A-49 Ox) Additional items as required to be indicated as determined necessary by the City Manager, or designee. (J) Procedures for counting the number of occupants entering and exiting the venue for purposes of enforcing established occupancy limits (K) Procedures for the provision of alternate transportation services to patrons. This may include procedures for access to a telephone the provision of a list of taxi services, or other service that will ensure the safe travel of any patron particularly those who are intoxicated, in leaving the establishment (L) Procedures for requiring the use of wristbands to indicate patrons' ages to identify those who are 21 years of age and older. (2) Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in the security plan. Any pool or billiard tables will be subject to the provisions of Santa Ana Municipal Code Chapter 29 - Pool and Billiards. (3) Neither the responsible party for the permitted establishment nor any person or entity operating the premises with the permission of the responsible party, shall violate the City's adult entertainment ordinance contained in Santa Ana Municipal Code section 12-1 and 12-2. (4) The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41-1701.6. (5) Persons who appear obviously intoxicated shall not be admitted into the venue. (6) Employees shall not consume any alcoholic beverages during their work shift except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift (7) Music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction (8) There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. (9) Any graffiti painted or marked upon the premises or on any adjacent area under the control of the responsible party for the permitted establishment shall be removed or painted within 24 hours of being applied 30 75A-50 (10) It shall be the permitted establishment's obligation to ensure that California Penal Code section 602 - Trespassing is complied with at all times that the premises are in operation. (11) The responsible party for the permitted establishment shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. (12) In no event shall the applicant allow the number of occupants to exceed the posted maximum occupancy, (13) Existing venue and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require existing project lighting may require upgrading and new lighting must meet current code standards. Lighting standards cannot be located in required landscape planters where they may become obscured by the mature canopy growth of trees. (14) Cash register(s) must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage or other mitigation agreed upon with the Police Department. (15) Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. (16) Window displays and racks must be kept to a maximum height of three feet including merchandise. (17) A timed-access cash controller or drop safe must be installed or other mitigation measures agreed upon with the police department (18) Installation of a silent armed robbery alarm or other mitigation measures agreed upon with the police department. (19) The permittee is ultimately responsible for all activity on the premises. (20) The permit is non-transferable. The permit cannot be transferred to a new owner/operator, under a sublease or by a subcontractor. (21) Except in case of emergency, the responsible party for the permitted establishment shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit excluding entrances/exits from enclosed patio areas. Steps shall be taken by the responsible party for the permitted establishment to discourage unauthorized exiting. 31 75A-51 (22) The Police Department will require uniformed state-licensed security guards and/or Santa Ana police officers at the owner's expense to perform crowd control inside and outside of the establishment based upon the type of activities anticipated at the location or based upon prior history of activitv at this establishment or other similar businesses. These security guards will be deployed as per the agreed upon Security Policies and Procedures Manual that has been approved by the Police Department. At a minimum and at all times entertainment is being offered the applicant shall employ a minimum of one (1) uniformed state licensed security guard for every 100 persons in attendance per event, for keeping the peace. Mandated security officers will be required to use a radio frequencv and communication equipment that is specified by the Police Department. Radios and communication equipment will be provided by the establishment at the establishment's cost. Guards will be required to provide escort service to patrons of the establishment if requested insofar as the guard is not off the premises for more than ten (10) minutes. Mandated security guards will be required to participate in mutual aid activities with the Police Department and other guard companies at the direction of the Police Department. This may include the adoption of mutual aid communications as well as attendance at information sharing meetings It is the responsibility of the permittee to keep copies and associated records of all individuals acting as private security for the establishment which illustrate their State-licensed certification. These copies/records shall be readily accessible and provided to Santa Ana Police personnel 24 hours a day upon request (23) An electronic incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations injuries and objectionable conditions that constitute a nuisance occurring in on or at the licensed premises, including the immediately adjacent area that is owned leased or rented by the licensee. The log will indicate date time description of incident and action taken "Objectionable conditions that constitute a nuisance" means disturbance of the peace public drunkenness, drinking in public harassment of passersby, gambling prostitution loitering, public urination, lewd conduct drug trafficking excessive loud noise etc (24) Contract security services proprietary security personnel or personnel assuming the functions typically associated with security shall be familiar with the establishment's written Police Department approved Security Policies and Procedures by reviewing them and signing that they have read and understood the policy. The signed acknowledgement shall be kept in a file relating to the security manual and shall be made available to the Police Department upon request (25) Security personnel required by the entertainment permit issued for the entertainment venue shall be in a uniform or clothing which is readilv identifiable as a security person Security uniform standards will be included in the Security Policy and Procedures Manual and will not be the same colors as the Police Department's. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of 32 75A-52 Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance. (26) If there is an increase of 25% in the number of police-related incidents on or near the premises, the permittee shall increase the number of uniformed, state-licensed security guards to a total number of guards as determined by the Chief of the Police Department. (27) In addition to the above number of state-licensed uniformed security guards, the applicant shall provide a minimum of one state-licensed uniformed security guard to ensure patron safe when going to and from the required parking for the venue whether on-site or off-site. Said guard is specifically assigned to this function until all activity on the premises has ceased and patrons have cleared the parking area. (28) For any concert/live entertainment event where attendance exceeds 400 persons, it shall be the Permittee's responsibility to pay for a minimum of two uniformed Santa Ana police officers to work the event and ensure public safety. If the proposed event is deemed to have special circumstances by the Police Department, the Chief of Police or his authorized representative may increase the number of required police officers to ensure public safety. The officer costs shall be the Permittee's responsibility to include, at a minimum one-half hour prior to, during, and one-half hour after the time the event is scheduled to end or until all patrons have left the premises and parking areas. Law enforcement presence is required at a minimum of four hours for each officer assigned to the venue. (29) The permittee will be responsible for verifying the age of those wishing to purchase and/or consume alcoholic beverages in order to ensure that the business is in compliance with State law restricting the age of the sales and consumption of alcohol to those twenty-one (21) years of age and older. This verification process may include such techniques as, the manual checking of identification by a trained employee the use of an identification scanner or similar device, or other method as approved in the security plan. This condition is not intended to be used as a means to discriminate against patrons based on race, ethnicity or legal status. (30) 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. This system will be clearly identified within the agreed upon Security Policy and Procedures manual. Camera system components shall include: (A) A minimum of one color camera at each police department specified location. (B) A color camera recorder or digital system capable of recording events on all cameras simultaneously. (C) Provide an IP-based system. 33 75A-53 (31) The permittee shall submit a monthly activity schedule to the Police Department. The schedule must include a brief synopsis of the type of venue, hours of the venue, artist(s) names and expected attendance. The submission must be via e-mail and must be received 30 days prior. Updates to the proposed schedule must be sent immediately. (32) A ticket manifest for an event shall be provided, on demand, to an authorized Police Department representative, if requested. The ticket manifest must clearly outline the total number of tickets sold for said event. It is generally understood that the industry standard is to utilize an electronic ticketing system. Authorization by the Police Department to access this online electronic system is the preferred method. (33_) Queuing lines shall be managed in an orderly manner and all disruptive and intoxicated patrons shall be denied entry. The business owner or his designate shall be responsible for monitoring and managing the queuing lines at all times. Food or alcohol may not be served to patrons waiting to enter the establishment. (34) The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adiacent businesses and residences. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons Placement of stanchions and barriers must receive Public Works Agency approval. (35) Controls shall be established to maintain occupancy levels allowed by the Orange County Fire Authority and these Fire Department approved levels will not be exceeded. Methods of controlling occupancy can include but not limited to the following: Counters used to count the number of occupants entering and exiting the location, which are available for inspection by OCFA or the police department (36) The permitted establishment shall at all times comply with Santa Ana Municipal Code sections 10-181 through 10-187 regarding curfews for minors Section 30. Section 41-196.5 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41-196.5. Entertainment permit required. Any legal non-residential use wishing to offer entertainment as an ancillary use to its primary operation must apply for an entertainment permit pursuant to Chapter 11 of the Santa Ana Municipal Code. At no time may entertainment be offered without such a permit Section 31. Section 41-630 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41-630. Planning commission duties, authority. 34 75A-54 (a) The planning commission is hereby authorized under conditions herein provided to grant minor exceptions to, and variances from the provisions of this chapter, and to grant conditional use permits for uses in any zone in which such uses may be conditionally permitted. (b) F Fthe - he- lan dministFater nR ? n ma dele ate to G he zenin t , t p g y g _ t g dele atien ef autheFit shall be made b f9R:na;' and shall be GeRfiFmed b aGtion of the g y y y of the Gity _eunGil. Section 32. Section 41-631 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41-631. Zoning administrator, powers and duties. The zoning administrator is authorized to act on minor exceptions, when the a uthOFity +e se °n4 has been delegated as nrecnribeid in Fhis ar+inle as listed in section 41- 632(a)(3). Section 33. Section 41-632 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41-632. Conditional use permit, variance and minor exception applications--Initiation, scope. (a) In accordance with the procedures outlined in this article, application may be made for: (1) Conditional use permit for a specific use of land or buildings in a land use district wherein such use may be so conditionally permitted. (2) Variance from the development standards to ure land 9F buildings-JR a FnaRReF at YaF'aRre with the provisions of this chapter. (3) Minor exception to obtain a waiver or modification of those zoning provisions which pertain to the following: (a) Lineal dimensions of yards. Modifications granted shall not exceed by more than twenty (20) per cent the minimum requirements. 35 75A-55 (b) Separation between buildings and other structures. Modifications granted shall not exceed by more than fifty (50) per cent the minimum requirement. (c) Lot coverage. Modifications granted shall not exceed by more than twenty (20) per cent the maximum coverage permitted. (d) Height of buildings. Modifications granted shall not exceed by more than twenty-five (25) per cent the maximum height permitted. (e) Signs. Area modifications granted shall not exceed by more than twenty (20) per cent the maximum area permitted. (f) Setback and future right-of-way lines. (g) Off-street parking. Modifications granted for reductions in required number of stalls shall not exceed by more than twenty (20) per cent the minimum ordinance requirement and pursuant to the standards contained in section 41-638.1. (h) Operational standards. Modifications granted may include minor exceptions to screening and landscape requirements but shall not include exceptions to provisions pertaining to uses permitted in the open. (i) Walls and fences. 0) Any etheF regulation that the plannoRg q May 40M time to tome deGlaFe. Section 34. Section 41-633 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41-633. Same--Filing; form and content. Application for conditional use permit, variance or minor exception shall be in writing and filed in the city planning department upon forms provided by the department and shall include the following information: (a) A full statement of the special circumstances and conditions relied upon as grounds for application. (b) An outline of the proposed use, including adequate plans and a legal description of the property involved. (c) For public notification required for any public hearings vadaase 0 36 75A-56 available tax Fell the provisions of Santa Ana Municipal Code section 2-153(c) shall apply. (d) Per minter ovner)tiGR appliGatieR loot of the r d dd t all GWReFs of ablvittiRg pFopeFty as &A%Am An -the latest available tax rell, iRGWdiR these that WOU'd way-. (ed) Each application shall be signed by the record owner or agent for the owner if notarized certificate of power of attorney is filed with the application. Section 35. Section 41-634 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41-634. Same--Filing fees. Every application under this chapter for a minor exception, variance, conditional use permit or appeal to the planning commission or city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee, except that all governmental agencies are exempted from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged, a copy of which shall be maintained in the office of the planning department. Section 36. Section 41-635 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41-635. Hearing on application--Hearing date. Upon the filing for a minor exception, variance or conditional use permit, the director of of planning shall set the application for public hearing at a regular or an adjourned meeting which is to be held not less than seven (7) days nor more than forty-five (45) days after the filing date. five (5) days RGF rneFe thaR fifteeR (15) days afteF the filing date. Section 37. Section 41-636 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: 37 75A-57 Sec. 41-636. Same--Notice of hearing. All public notification requirements shall comply with the provisions of Santa Ana Municipal Code section 2- 153(c). Section 38. Section 41-638 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41-638. Standards for granting applications for minor exceptions, variances and conditional use permit and appeals. (a) The council; and planning commission, and in the case of minor exceptions the zoning administrator may grant according to the procedure outlined in this chapter: (1) Conditional use permits for specific uses located at a particular location when it shall be deemed: (i) That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community; and (ii) That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; and (iii) That the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area; (iv) That the proposed use will comply with the regulations and conditions specified in this chapter for such use; and (v) That the proposed use will not adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. (2) Variances from and minor exceptions to the provisions of the Municipal Code when it appears that all of the following have been established: (i) That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter; 38 75A-58 (ii) That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one or more substantial property rights; (iii) That the granting of a variance or minor exception will not be materially detrimental to the public welfare or injurious to surrounding property; (iv) That the granting of a variance or minor exception will not adversely affect the general plan of the city. (b) In granting any conditional use permit, variance or minor exception, the zoning administrator, planning commission or council may impose such conditions as are deemed necessary and desirable to protect the public health, safety or welfare in accordance with the purpose and intent of this chapter. Section 39. Section 41-640 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41-640. Zoning administrator to make finding of fact--Referral to planning commission for hearing. In granting or denying a minor exception, when of this aFto^'°, the zoning administrator shall make a written finding which shall specify all facts relied upon in rendering his decision and in attaching conditions and safeguards. A copy of the decision together with the written finding of fact shall be filed with the clerk of the council, with the . . , with the city's planning department, and mailed to the applicant. All plaRRing decisions of the zoning administrator on applications for Genditional use permits and VaFiaRGes appliGatierfs for minor exceptions shall be final and need not be reviewed unless appealed to the planning commission; pursuant to section 41-645. Section 40. Section 41-641 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41-641. Same--Referral to planning commission. In the event the zoning administrator is of the opinion any permit, G91PIditieFial use seer minor exception request is of such magnitude as to be of special interest to the people of the City of Santa Ana and the planning commission, he may continue the hearing to the next regularly scheduled meeting of the planning commission, who shall then process the application in the manner prescribed in section 41-639 of this article. 39 75A-59 Section 41. Section 41-643 of the Santa Ana Municipal Code is hereby deleted in its entirety: adjouFRed meeting. zeRiR h; adFniRistFatGF Fear d d i l th t i li i i i l g -- e a eG s en a wa6 just aRd w thiR the m ts mposed by this aFt G e, the GGURGOI f9F its Feview, as set feFth OR seGt*GR 41 644 with the full weight aRd auth eFit b both , y y the matter feF a publir. he aFiRg b the GGURGil Said h i h ll b h ld i i l y . e aF Rg s a e e at the ead est poss b e Section 42. Section 41-644 of the Santa Ana Municipal Code is hereby deleted in its entirety: Upon the FeGeipt of a wFitteR finding Of faGt filed with the --f the GeunGil by the as t b f i l O l i i o e o speG a RteFest to the peop e of the G ty of SaRta AR a t ma y, by - Gte, 6et the Section 43. Section 41-645 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: 40 75A-60 Sec. 41-645. Appeals from decisions of planning commission and/or zoning administrator-- Generally. (a) An appeal from a decision or requirement of the planning commission or zoning administrator may be made by any interested party, individual or group. (sb) Any appeal made under the terms of this article shall be made within ten (10) calendar days following the date of the decision by the planning commission or zoning administrator. Further, said appeal period shall end at 5:00 p.m. on the tenth calendar day following said date of the decision by the planning commission or zoning administrator. If said tenth calendar day ends on a Saturday, Sunday or holiday, the ten (10) day period shall end at 5:00 p.m. on the next regular business day. The formal action by the zoning administrator or planning commission shall become effective on the day following the first regularly scheduled council meeting after the ten (10) day appeal period, unless the city council in compliance with seGtoen 41 643, sertiOR 41 644 oF section 41-645 of this article V, holds a public hearing on the matter, then the decision of the city council will become effective on the day following the hearing and decision by the city council. (dc) All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the commission or zoning administrator. Furthermore, a copy of said appeal shall be filed with the planning department and the clerk of the council. (ed) Upon receipt of said appeal of the decision of the planning commission, the planning department shall set the matter for hearing by the council. In the event the matter is an appeal from a ruling by the zoning administrator applisa#ie+}, the matter shall be heard by the seeesit planning commission this aFtisle. (fe) All appeals shall be heard in the same manner as prescribed for the original hearing. (gfl Upon filing of an appeal, the planning department shall forward to the clerk of the council a copy of the written findings, maps, papers and exhibits upon which the decision of the planning commission and/or zoning administrator was based. (#g) The council, or in the case of a zoning administrator appeal the planning commission, may, after public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the clerk of the council, and the city planning department; one copy thereof shall be sent to the applicant. 41 75A-61 Section 44. Section 41-645.5 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41-645.5. Same--Preparation of a letter of public convenience and or necessity for off-sale alcohol conditional use permit , feet, (a) , over-GeRraentratien of G#pFemise liqUGF liGenses fbF markets less than twenty thousaRd (20,009) square feet, OF a Genditional use peFmit fGF the sale of alGGhGliG beyeFages appeal to the eity Geu In the event that a business requesting a conditional use permit for an off-sale alcohol license is located within an area deemed to have an undue concentration of said licenses as determined by the California Department of Alcoholic Beverage Control pursuant to Section 23958 et seq of the California Business and Professions Code, then that business may apply to the planning commission for the preparation of a letter of public convenience or necessity as a component of the application for the conditional use permit. The process of consideration of this request will be governed by Article V regarding the processing of conditional use permits except that the following findings must be made. (1) In granting said letter of public convenience or necessity the applicant must prove and the planning commission must find that: (i) The proposed use will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the General Plan. (ii) The economic benefit outweighs the negative impacts to the community as whole. (iii) The issuance of the license will provide a needed service not currently being met in the community (iv) There exist special and unusual circumstances present here to justify a new retail alcohol outlet when there are already similar alcohol uses existing nearby. (v) The business cannot operate profitably without a liquor license. 42 75A-62 NO The applicant has demonstrated reasonable efforts to seek community input. (b) Within two (2) days following the date of a planning commission decision on the preparation of a letter of public convenience and or necessity, ses# IaUndfemat, the planning manager shall send a written report of such decision to the members of the city council. If, within twenty-one (21) days following the date of such a planning commission decision, the city council sets the matter for public hearing, then the decision of the planning commission shall be vacated and the decision regarding the preparation of a letter of public convenience and or necessity, 9F GOndotmenal use 'ee shall be heard and decided by the city council. pen:nit (G) In the eveRt that authority to grant or deRy pFepaFatiGR of a Ie#er of UbliG GO ]Rd P - r ( 20 000) s u aFe feet , q , theR , r the heaFiR g r Section 45. 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 12013 Miguel A. Pulido Mayor APPROVED AS TO FORM: 43 75A-63 Sonia R. Carvalho, City Attorney By: Ryan O. Hodge, Assistant 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 44 75A-64 ITEM 75A CORRESPONDENCE 75A-65 June 16, 2013 To Whom It May Concern: I'm writing in support of Bistro 400 being considered for an Entertainment permit for Restaurant/ Businesses. Bistro 400 has been a staple in Downtown Santa Ana for the last Decade and has been a positive influence in the community. Throughout the years, Bistro 400 has hosted many fundraisers in support of the arts, including directly financially supporting cultural and arts nonprofits. I have seen this first-hand as a former Board member of several non-profits and a supporter of community groups, including E1 Centro Cultural de Mexico, OC Young Democrats, 691-11 ADEM's, SABHC and Breath of Fire. I am very supportive of Bistro 400 being permitted to expand its entertainment scope, because I have enjoyed the musical talent that they bring to 41" Street. I look forward to them expanding their contribution to Downtown, by increasing their opportunity to expand their business. Bistro has constantly supported the growth of art, music and the educational growth of all cultures in the downtown, and I hope you will work with them as much as they have worked with the community. Feel free to contact me by email at iuliomoisesperez g ail com or directly at 714-872-0352. In Solidarity, i Julio Perez *Santa Ana Resident *Staff Director at the OCLF *Former Board member of El Centro Cultural de Mexico 'Tittles for Identification Purposes Only 75A-66 Keith Bennett From: C. Chase [cassandra@chasegroup.coj Sent: Tuesday, June 18, 2013 4:36 PM To: Keith Bennett Subject: Re: New Leaders Council(NLC) Here you go! June 18, 2013 To Whom it May Concern: I write this letter in support of Bistro 400. Bistro 400 has served as a staple restaurant in the Santa Ana community. As a patron of the venue I can attest to the high quality customer service, excellent menu and food quality. Bristo 400 has been an advocate in support of community based organizations. The establishment recently hosted a fundraiser event on behalf of a non profit organization that I volunteer with. Bistro 400's support allowed the organization to raise funds to help support the professional leadership development of several young professionals throughout Orange County. I look forward to continuing my relationship with the restaurant and look forward to a positive resolution that benefit's local businesses in the Santa Ana community such as Bistro 400. Sincerely, Cassandra Chase On 6/18/20 i3 2:38 PM, Keith Bennett wrote: forward toward the future in favor of the Entertainment Permit. Cassandra Chase CHASF (310) 893-0899 N, ca Sandra wchasegroup co :? '`" by ?t-v . chase vu 75A-67 To whom it may concern, My name is Sara Guerrero, and I grew up in Santa Ana. As an adult, I have returned to my community and with my partner to raise our family and to make our home here. Being a part of the Santa Ana community is important to me. As both a professional artists and resident in Santa Ana, I continue to advocate and work in the performing arts. I cofounded (in 2003) and serve as the Artistic Director for the award winning, non-profit organization, Breath of Fire Latina Theater Ensemble, which helps promotes Latinas in the performing arts and is the only Latina Theater company in Southern California. Santa Ana continues to be the organization's home base. I helped organize the first three Dia del Muertos I Day of the Dead celebrations through El Centro Cultural de Mexico. I have headed and organized Dia Del Nino' Day of the Child festival for 2012 and 2013 through Arts Orange County; a free arts festival for the Santa Ana Community, to celebrate youth, and to engage and encourage them and families in meaningful arts experience. I am currently heading another project to help write a play with and about the Santa Ana Community, I am working through South Coast Repertory in partnership with Latino Health Access. I share all this information to you because although I work and advocate for the arts this work cannot be done alone. Through my time here I have made long lasting connections to other organizations and businesses that always want more for our community and are supportive of one another. Bistro 400 is one of those places. It is a staple to me, my organization, and this community. Bistro 400 is one of the first businesses to reach out to Breath of Fire. We have had many audience, cast and crew members dine there before or after a show, held a number of fundraisers to help get us through the next project, donated food for our opening nights of world premiere plays (over 20), hosted our new play reading series and the list goes on. Bistro 400 has not only helped my organization but many others. And always visible and reachable you will find owners Pierre and Robert; hardworking; supportive, and wonderful people who have really made a difference in our community. I truly hope that through this example of support the city will also consider its support to continue to allow businesses like Bistro 400 an opportunity to grow, as well. We all want a place to live, thrive and call home. Please let me know if you have any further questions. I thank you for your time in advance. Sincerely, Sara Guerrero 216 E Pomona St. Santa Ana, CA 714.785.0764 sara@breathoffire.org 75A-68 Keith Bennett From: Phorn Pruong [ppruong@hotmail.com] Sent: Tuesday, June 18, 2013 12:36 PM To: Keith@bistro400.com Subject; Letter Coming from such a hard place like Santa Ana I've always wanted to make it easier on people, so when I started my company the purpose was to help them who grew up locally to be able to show the doubters they too can follow their dreams. Not everyone here was given the opportunity, some didn't know where to look. So I'm guessing that's where I come in, Konsept is a local art and music collective mainly based in the Downtown Santa Ana area. We want to help promote local artist and show them that their is a positive colom, here that don't care about making a cent off of them. Over the last year we've hosted big events, from concerts to art galleries but our favorite show's have always been the opportunity to work with local businesses. Bistro 400 from the start have opened their doors to us, giving local musicians and artist an opportunity to display their work or to be able to perform. I've seen a lot of smiles at this place, never anything negative, everyone leaves satisfied from the guest, the staff and the performers. I love to see the faces of people when they come up to me and say thank you, that was my first show ever or from bands that have been performing and touring for years say thank you because this was a whole new experience. Who knew such a small restaurant like Bistro and a group of artist could not only help make a dream come true but also launch a whole new experience for people who have been doing it longer than we have. In a two month span Konsept hosted about 8 shows at Bistro 400, each one different, each one had a different theme, each one was free to attend, each one was free to perform and each one was worth it. This is what a lot of the Downtown area lacks, opportunity, an artist can't show their work without a gallery owner taking more than half the profits, a musician can't perform without selling more than 20 tickets for $20 each and a event coordinator and promoter like myself wouldn't be able to help these artist make their dreams come true. If this all entertainment permit passes it would cost local businesses more money, starting a chain reaction to us dreamers trying to make a difference, we don't support the new rules or law in Downtown Santa Ana we support the dream makers. Tyson Pruong CEO/Co-Founder of Konsept (6 5_-s 21 Q `=11 7 ?C_ u= UF;?T2yit??ntifi?3i.C=?Ti= 75A-69 NLC Keith Bennett Bistro 400 400 W. 4th Street Santa Ana, CA Dear Mr. Bennett, This letter is written in support of our favorite restaurant and local eatery, Bistro 400. Bistro 400 has been an active supporter, not only of our organization, but to many organizations in the greater Santa Ana area. I am humbled and privileged to have personally been a patron of Bistro for the last 5 years. Likewise, the fellows in our institute have taken full advantage of this historic venue. I am writing to express our chapter's support of Bistro 400 and that we would like to continue this relationship by helping Bistro 400 and the Santa Ana downtown area move forward toward the future in favor of the proposed Entertainment Permit. Bistro 400 has been considered a staple in Downtown Santa Ana for over the past decade and has been a positive influence in the community. Along with the Downtown growing and moving forward with it's incredible passion for the Arts, Music, Dance and education of so many different cultures, we agree that it is time to allow all the local businesses the chance to grow at the same rate. This permit will help to continue support of the inspiring changes that has already occurred and the changes that are still planned for the future. New Leaders Council, Orange County is dedicated to helping people and changing their lives by offering a variety of programs such as- providing training to social justice entrepreneurs in Orange County, educating groups on collaborative leadership, and expanding a support network of people who are successful in their industry, risk-takers, and progressive advocates. As we are a diverse nonprofit organization, with rnany different views on the world, having a convenient, open, and affordable spot to meet and socialize is an essential part of these efforts. We look forward to a continued working relationship and wholeheartedly support all of your endeavors to benefit our community. Sincerely, J ???}}} t1 4ji Angelica Ramos, Chapter co-Founder and co-Director New Leaders Council - Orange County ara.mos@newleaderscouncil.org 1 202.577,12521 P.O. Box 13232 Newport Beach, CA 92658 *New Leaders Council is a 501(c)(3) public charity dedicated to educating and training a new generation of leaders and to providing those leaders with the tools they need to succeed. NLC does not engage in political or legislative activities of any kind, does not support or oppose any candidate for public office, and serves only as an educational leadership training ground. Federal tax ID number: 56-2581640 75A-70 r From: "Xochitl Casillas" <xcchid.casillas,i gmail.corn> Date: Jun 12.2013 12:53 AM Subject: Letter of Support (feel free to make edits) To: <kcith ci bistro400,coni> Cc: To Whom This May Concern, It is with great pleasure that I write a letter in support of the entertainment pennit for all Santa Ana restaurants and businesses. My desire to support this change is directly related to my relationship with Bistro 400; this establishment has served as a central site where partnerships, among diverse groups of individuals, have come to gather. I moved to Orange County a few months ago, and have visited Santa Ana for business-related reasons; the majority of my visits include meeting with potential clients and fostering existing ones. As an outsider coming into Santa Ana, I asked a colleague, whom is deeply connected in the community, for a respectable restaurant to take my clients to; he recommended Bistro 400. After my first visit, I was impressed with the service, food, drink selection, and establishment as a whole. I quickly grew fond of the Bistro 400 outside of my business-related visits, and started to attend their jazz and blues niglus. The ambiance is always lively, and full of "movers and shakers" -the majority of which represent the community-at-large. Initially, I came to Bistro 400, so that I could maintain my existing clients, but it has become a place to establish new clients! Professionally, and socially; Bistro 400 has become my "go-to" spot, and thus. I am a huge supporter of their business. On a more recent and personal note, Bistro 400 has graciously allowed the New Leaders Council (NLC). a national nonprofit organization that I am currently involved with, to host our annual fundraiser miter there on Thursday. June 13th. They not only agreed to reserve the space for our group, free of cost, but they also offered to provide our guests with free appetizers, and will give 20% of the drink sales sold during our mixer, back to us -in the form of a donation to the nonprofit. I cannot stress how supportive and cooperative Bistro 400 has been with my personal business, aside from my involvement with the nonprofit I am engaged with, but they continue to serve as a beacon to the Santa Ana community. And thus, I believe an overall entertainment permit will enable Bistro 400 to continue expanding their philanthropic work on a larger scale. This will not only foster a greater sense of community, but it will bring individuals, such as myself (whom only do business in the area) to continue investing in Santa Ana. I know that you will recognize the efforts that Bistro 400. as well as other businesses in the community, are doing to make Santa Ana a premiere city that others will model after. This can be done by supporting the entertainment permit for all Santa Ana restaurants and businesses. it is my hope that you will understand the social and financial Gains that this change will make in the community of Santa Ana. I wilt be following this discussion closely and look fonNard to hearing your decision. If i can be of further assistance, feel free to email me at x?c ll.?as? + a4?<<`m ;' or b_v phone (=?2 j Y41 5G9. Best, Xochitl Casillas, New Leaders Council Fellow 75A-71 Friday, June 14, 2013 To Whom It May Concern, I am writing in support of an Entertainment Permit for Bistro 400, on behalf of the Orange County Young Democrats (OCYD). For the past five years OCYD has conducted its monthly mixers at Bistro 400. Keith Bennett and the incredible staff at Bistro 400 have provided the organization with a space where we feel welcomed and supported. Their generosity, kindness, and consideration have always been appreciated by our membership, and are the reasons we continue to hold our meetings at Bistro 400. As our Board members have always said, Bistro 400 just feels like "home." Bistro 400 serves as a landmark in Santa Ana, and holds deep value for our organization and the greater Orange County community. Extending an Entertainment Permit to Bistro 400 would allow the restaurant to contribute to the city's growing cultural and entertainment scene, a win- win for the restaurant and community. Santa Ana's future is bright, thanks in large part to businesses like Bistro 400 and the commitment of its proprietors to growing the city's cultural and arts community, and providing a home for organizations like OCYD. I strongly encourage you to extend an Entertainment Permit to Bistro 400 so they may continue to enhance the quality of life in Santa Ana and the surrounding communities. Sincerely, Katherine Reedy Chair Orange County Young Democrats Orange County Young Democrats • 200 N. Main Street, Mezzanine Level, Santa Ana, CA 92701 - www.ocyd.org 75A-72 f ?-- s i Lam' TOWN EILY ESTIV AL Dear Committee of Downtown Santa Ana, Hi my name is Caylee So, and I am the current director of Cambodia Town Film Festival (CTFF), a festival that began with the idea and the commitment to preserve the Cambodian culture. During our recent fundraising campaign, we collaborated with Bistro400 of downtown Santa Ana, and we were very impressed, enthusiastic and incredibly inspired by the show of community support by Keith Bennett and the patrons of Bistro 400. We found ourselves very excited to have brought CTFF to downtown Santa Ana as we have noticed the immense artistic growth in this very rich area. I'm writing to you today because I have recently been informed of some of the wonderful changes that are underway in downtown Santa Ana, and as Cambodia Town Film Festival, we try to remain very active in all of our surrounding communities. We believe immensely in the power of Arts, Music, Dance and Films. It is such that I believe that the Entertainment Permit proposed, would allow all of the businesses in your region a chance to grow with and help enrich even more so the current culture of Santa Ana. We encourage and support this change, and will continue to promote Santa Ana's ever-growing culture. Thank you, Caylee So Director of Cambodia Town Film Festival 571.292.7145 75A-73 May 24th, 2013 To our Council The Restaurant Association would like to voice its support for the current CUP/Entertainment Permit that is before you for approval. we believe that, though nothing will ever be perfect for all, that the time and attention that has gone into this policy are at least our best chance to continue the progress and growth seen in our city compared to doing nothing. More importantly, right now our uncertainty and this "policy limbo" is leading to real and restaurants. our request is that we run it as a pilot program or ensure that in a year we have the ability to discuss and tweak it as the business community, city stakeholders and city government see fit. we would appreciate the lowest fees possible for entertainment permits as well as a drafted understanding of the revocation process of this permit. Please consider this when addressing the matter. All we can hope is that it is at least a positive step in the right direction. Jeffrey D. Hall Chair Santa Ana Restaurant Association 75A-74