Long Beach Municipal Code Ch. 5.75 Social Clubs

As used in this Chapter, the following words and phrases shall have the following meaning:

A. "Social club" means any entity organized and maintained for the promotion of literature, science, politics, good fellowship, philanthropy, or for the social or physical welfare, benefit or amusement of the membership and which maintains a clubroom or clubhouse to which the membership may resort for recreation, amusement, or social intercourse and wherein intoxicating beverages are sold, served or consumed, or wherein dancing is carried on, maintained or allowed, or wherein card games and card playing are conducted or played or allowed. A social club may be organized and maintained either for profit or for nonprofit purposes.

(Ord. C-7423 § 34, 1996)

No person shall carry on, maintain or conduct a social club in the City without first obtaining a permit from the City Council.

(Ord. C-7423 § 34, 1996)

A. Filing. Any person desiring a permit required by this Chapter shall make application on forms to be provided by the Director of Financial Management. Such application shall include the name and address of the applicant, the proposed location, and such other information deemed pertinent by the Director of Financial Management.

1. The person whose signature appears on the application shall attest that they are a duly authorized representative of the applicant and that the information contained in the application is true and correct.

2. The application shall be filed under penalty of perjury. False statements therein will constitute grounds for denial or revocation as applicable.

3. An incomplete application shall not be accepted for processing.

4. A nonrefundable investigation and notification fee, as set by a City Council resolution, shall be paid to the City at the time the application is filed.

B. Change in Contents. Any change in any information in the application, which occurs after the application has been filed and prior to City Council approval, must be submitted to the Director of Financial Management within ten (10) calendar days after the change has occurred.

C. Investigation. On receipt of the application, the Director of Financial Management shall refer it to all concerned City departments for investigation. Such City departments shall file their reports and recommendations regarding the approval or denial of the permit with the Director of Financial Management within sixty (60) days after the application is filed, except where circumstances beyond the control of the City justifiably delay such response.

D. Hearing.

1. The Director of Financial Management shall transmit the application, together with the reports and recommendations of the City departments, to the City Council for hearing and shall notify the applicant of the time and place of the hearing which shall be held before the City Council on the first available hearing date.

2. Prior to the hearing, the Director of Financial Management shall give the applicant notice of the recommendations of the City departments.

3. Notice of the time and place of the hearing shall also be given:

a. By mail to each owner of property within three hundred feet (300') of the site of the proposed activity;

b. By mail to occupants of property within three hundred feet (300') of the site of the proposed activity; and

c. By posting the property at the site of the proposed activity.

The applicant shall pay all costs of such notice in the manner prescribed by the City's Director of Financial Management.

4. At the hearing, if the City Council determines that the application is complete and truthful; that where the applicant is an entity, it is a bona fide entity, organized and conducted for a lawful purpose; that the applicant, the persons interested in the ownership and the operation of the entity and the officers and trustees of the entity are law abiding persons and persons who will operate and conduct the business or activity in a lawful manner; and that the public peace, welfare and safety will not be impaired, then the application shall be approved. Otherwise, it shall be denied. However, despite City Council approval of the application for the permit, the applicant shall not operate until a permit is actually issued by the Director of Financial Management. Upon approval of the application, the Director of Financial Management shall issue the permit provided that the applicant has met all conditions imposed by any City department, has complied with all applicable laws, and has paid the applicable license tax and permit fees. The applicant shall have a maximum one hundred eighty (180) days after City Council approval to obtain the permit. Failure to do so within that period shall render the City Council approval void, unless an extension of the compliance period is granted by the City Council before the compliance period has expired.

(Ord. C-7423 § 34, 1996)

A. Noncompliance. Failure to comply with any of the provisions of this Chapter, including any conditions attached to the permit at the time of approval, will constitute grounds for suspension, denial or revocation of the permit. The suspension or revocation of a permit shall be governed by the provisions of Chapter 5.06 of the Long Beach Municipal Code.

B. Cease Activity. No person shall conduct any business or activity regulated by this Chapter during the pendency of a permit application or subsequent to permit denial or revocation or during the time a permit therefor has been suspended.

(Ord. C-7423 § 34, 1996)

A. Any permit issued pursuant to this Chapter shall not be transferred or assigned to another person for any purpose. Any change in ownership shall require a new permit. Regardless of any change in ownership, the permittee shall be required to notify the Director of Financial Management of any change in the business name. The following shall be deemed a change of ownership:

1. For general partnership personnel, the addition or substitution of a new partner;

2. For a limited partnership, the addition or substitution of a new partner or the addition or substitution of a general partner not listed as a partner in the application for the permit previously approved;

3. For a corporation, more than fifty percent (50%) of the shares of stock is transferred to or acquired by persons other than those designated in the application for the permit previously approved.

B. Any permit issued pursuant to this Chapter shall not be transferred to any other location for any purpose. Any change in location shall require a new permit. The following shall be deemed a change in location:

1. Any relocation or expansion that includes a separate piece of property or parcel of land.

2. Any expansion of the initially permitted premise which represents a greater than fifty percent (50%) increase in the square footage of space devoted to public access or occupancy.

C. The lawful conduct of activity regulated by this Chapter by a permittee shall be limited to those activities expressly indicated on the permit application and approved by the City Council. Any change in activity which exceeds the parameters of the approved permit will require the approval of the City Council or, on a limited basis, the approval of a special permit, pursuant to the provisions of Chapters 5.28 or 5.72 of the Long Beach Municipal Code.

(Ord. C-7423 § 34, 1996)

A. Whenever a permit has been revoked or an application for a permit has been denied, no other similar application shall be considered for a period of one (1) year from the date of such revocation or denial.

This applies to any person whose permit was revoked or whose application was denied who later becomes a director or officer of a corporation, profit or nonprofit, or a member of a partnership or a person owning or possessing fifty percent (50%) or more of the shares of a corporation. This shall also apply to a corporation, profit or nonprofit, whose permit was revoked or application denied, to any of its directors or officers or to any person who owned fifty percent (50%) or more of its shares, who attempts by way of a new corporation or by the use of their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing fifty percent (50%) or more of the shares in another corporation to obtain a new permit. Whenever any permit is suspended, the provisions of this Section shall apply to the permittee during the period of suspension.

(Ord. C-7423 § 34, 1996)

A. Membership in a social club shall be granted and membership registration shall be maintained as follows:

1. Where applicable, an application for membership shall be in writing, and each permittee shall establish a membership committee which shall review and act upon each application. An appropriate identification card shall be issued to each person approved for membership. The term "member" includes a dues-paying member, honorary member, associate member, lifetime member, or any other person granted a membership in the licensed entity. The term "registered member" is any person who pays dues, any other remuneration, or is otherwise a member in good standing.

2. No person shall be admitted to membership or granted temporary, provisional or limited membership rights within twenty-four (24) hours after his/her application is submitted.

3. Every social club shall keep on its premises at all times a membership book or register which shall contain a complete and current roster of the entire membership. It shall list the name, address, and type of membership of each member.

4. No person shall apply for membership under any false or fictitious name or any name and address other than the true name and address of such person. False information in the membership book or register may constitute grounds for revocation or suspension of the permit.

5. It shall be the duty of every permittee and of every employee, manager, agent or officer of such permittee to display and exhibit such membership book or any other document or record relevant to this Section to any Police Officer or other authorized public employee in the pursuit of his/her official duties on the demand, oral or written, of such Police Officer or public employee.

B. No card games or card playing is allowed where there is an exchange of money or anything else of value or anything which represents anything of value. Card games or card playing shall be allowed only for the purpose of entertainment and amusement. The definition of amusement for the purposes of this Section shall mean any game or contest between two (2) or more persons which is either skill or chance and which is played solely for the purpose of enjoyment and not for any consideration, monetary or otherwise.

(Ord. C-7423 § 34, 1996)