Santa Paula Municipal Code Ch. 124 Dining Entertainment Permit

This chapter is adopted in accordance with California Constitution Article XI, § 7, for the purpose of establishing uniform regulations for allowing café entertainment within the central business district and outdoor dining within the public right-of-way. The city's intent in adopting this chapter is to establish reasonable restrictions on the ability for restaurants to engage in café entertainment and use the public right-of-ways to promote the public welfare while still protecting public health and safety.

(Ord. 1151, passed 1-3-06)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter:

CAFÉ ENTERTAINMENT means any live entertainment presented at a sit-down restaurant, where fewer than four individuals provide such entertainment and when the café entertainment is incidental to the primary use of the premises. Examples of café entertainment include presentations, acts, reading, performance, musical rendition, or recitation, when the café entertainment is intended to divert, amuse, explain, focus, or attract the attention of persons observing such activity. Such entertainment may be provided free of charge or for a fee on a regularly scheduled daily, weekly, or monthly basis

CITY MANAGER means the City Manager or designee.

DIRECTOR means the City of Santa Paula's Planning Director, or designee.

EXTRAORDINARY LAW ENFORCEMENT OR PUBLIC SAFETY SERVICES mean city services that require more than two police units to adequately respond to a situation, or that are beyond the course and scope of the services routinely provided to other businesses and citizens, and stretch the resources of the responding agency beyond those normally available for response.

OUTDOOR DINING means areas located on public property used by sit-down restaurants for dining purposes and approved for such use by the city as set forth in this chapter.

PERMITTEE means a person or entity to which the city issues a permit pursuant to this chapter.

(Ord. 1151, passed 1-3-06)

This chapter applies to sit-down restaurants in the commercial business district zone (CBD) (see SPMC § 16.15.020, Table 15-1) seeking to provide café entertainment, outdoor dining, or both.

(Ord. 1151, passed 1-3-06)

Persons who obtain a permit pursuant to this chapter are not also required to obtain, for café entertainment, an entertainment permit or, for outdoor dining, an encroachment permit under this code.

(Ord. 1151, passed 1-3-06)

The Director will receive applications, issue and revoke permits, and otherwise implement this chapter according to the procedures set forth below.

(Ord. 1151, passed 1-3-06)

(A) It is unlawful for any person to conduct, sponsor, or knowingly participate in any café entertainment without a valid permit issued pursuant to this chapter.

(B) It is unlawful for any person to allow, cause, or engage in outdoor dining without a valid permit issued pursuant to this chapter.

(Ord. 1151, passed 1-3-06)

Permits issued pursuant to this chapter are subject to the following limitations:

(A) Permits are personal to the applicant, not to the premises upon which the entertainment is conducted. No other individual may conduct entertainment under the authority of a license issued to another. For purposes of this chapter, a permit is not deemed transferred or assigned if the permittee is a corporation or partnership which remains under the control of the same individual or individuals who controlled it at the time the permit was approved;

(B) Permits cannot be transferred or assigned;

(C) No property rights are conferred to the permittee;

(D) There is no right of renewal; and

(E) Permits are specific to the location for which it is applied. A new permit must be obtained in the event there is a relocation of the permitted activity or a major alteration to the existing facility.

(Ord. 1151, passed 1-3-06)

Except as otherwise provided by federal, state, or local laws, or other City Council authorized restrictions, all fees applicable to this chapter including, without limitation, fees for using public property, will be established by City Council resolution.

(Ord. 1151, passed 1-3-06)

(A) Permits cannot be issued for outdoor dining in a street or alley.

(B) To provide for adequate pedestrian circulation, outdoor dining must maintain a minimum of four feet of clearance between dining furnishings and any curbline, street furniture, or above ground utilities. A minimum of 50 feet of clearance must be maintained between dining furnishings and the centerline of intersecting perpendicular driveways, alleys or streets to provide for adequate vehicle sight, unless a lesser distance is determined by the Director to be adequate for the protection of the public safety.

(C) Tables and chairs used for outdoor dining must be of substantial materials. Tables may be a maximum of three feet in diameter if round and three feet along the longest side if rectilinear. All such furnishings must be stored indoors after hours of operation unless otherwise determined by the Director.

(D) Monocolored umbrellas, without lettering, may also be permitted by the Director.

(E) No outdoor dining, including furnishings and signs, may block visibility of display windows or signage of adjacent businesses unless written consent of any affected adjacent business owner to block visibility is obtained by the applicant and provided to the Director.

(F) The permittee must maintain the outdoor dining area in a clean and safe condition at all times, including properly disposing of all trash generated by the operation.

(G) The city may charge a rental fee for use of public property.

(Ord. 1151, passed 1-3-06)

(A) The Director must issue a permit if:

(1) The application was complete in accordance with this chapter;

(2) There are no grounds for denying the permit; and

(3) The applicant accepts the permit approval or conditional approval in writing.

(B) Use of any permit issued pursuant to this chapter must conform to the general permit conditions of this chapter and, if applicable, special permit conditions reasonably deemed necessary by the Director to protect public safety or welfare.

(Ord. 1151, passed 1-3-06)

A permit may be denied for the following reasons:

(A) The application is incomplete;

(B) The applicant failed to provide reasonable supplemental application information requested by the Director;

(C) Information submitted by the applicant is materially false;

(D) The application is submitted by a person with a suspended permit or whose permit was revoked;

(E) The location of the proposed café entertainment or outdoor dining does not conform to the requirements of this chapter;

(F) The application seeks authorization for café entertainment or outdoor dining that is prohibited by this code or unlawful under any other local, state, or federal law; or

(G) Issuing the permit would endanger public health, safety, or welfare as determined by the Director.

(Ord. 1151, passed 1-3-06)

(A) Permit applications must be filed by a natural person.

(B) Permit applications must be in a form prescribed by the Director and, for all permits, will contain all of the following information:

(1) The name, mailing address, and daytime and evening telephone numbers of the person filing the application;

(2) If the permit is obtained on behalf of an organization, the name, mailing address, and daytime telephone number of the organization; and if requested by the Director, written documentation of the authority under which the applicant is applying for the permit on behalf of the organization; and

(3) The name, mailing address, and daytime and evening telephone number of an alternate person to contact if an emergency arises and the applicant is unavailable.

(C) For café entertainment permits:

(1) The nature of the café entertainment;

(2) Whether any sound amplification may be used during the entertainment;

(3) Estimated starting and ending times for the café entertainment;

(4) A diagram drawn to scale and dimensioned showing location of the performance area on the premises with all seating and a list of equipment or instruments to be used in the performance;

(5) The estimated number of participants in the café entertainment;

(6) Parking requirements for the café entertainment; and

(7) Such other information as may be required.

(D) For outdoor dining permits:

(1) A diagram drawn to scale and dimensioned showing the proposed location of the outdoor dining with all seating and signage;

(2) A graphical depiction, such as sample photographs, depicting the appearance of the chairs, tables, and other equipment proposed to be used in the outdoor dining area; and

(3) The proposed days and times of operating the outdoor dining area.

(Ord. 1151, passed 1-3-06)

(A) After an application is filed, the Director will immediately forward the application to the following city departments for review:

(1) The Fire Department;

(2) The Police Department;

(3) Building and Safety Department; and

(4) The Public Works Department.

(B) Upon receiving an application, these departments will consider the application, conduct any necessary investigation, and provide the Director with written recommendations regarding:

(1) Any special conditions for a permit; and

(2) Any additional recommendations.

(C) The reviewing officers must complete their review within the time that the Director must make a decision on the application.

(Ord. 1151, passed 1-3-06)

(A) Except as provided in this chapter, completed applications for a permit authorizing an event will be denied, approved, or conditionally approved by the Director within 21 business days after receiving the completed application.

(B) Unless otherwise provided, the applicant's acceptance of the approval or conditional approval must be received by the Director within five business days after the applicant was served with notification of the decision and before any café entertainment or outdoor dining may occur.

(Ord. 1151, passed 1-3-06)

(A) Unless suspended or revoked, permits issued pursuant to this chapter have a term of one year. Permits are automatically renewed on the anniversary date of being issued for an additional one year term so long as all material information regarding the permittee remains unchanged. Should a permit expire, the permittee must comply with this chapter to obtain a new permit.

(B) Permittees must enter into a hold harmless agreement, in a form approved by the City Attorney, with the city which will, in part, indemnify city, its officers, employees, and agents, from any liability arising from a permit issued pursuant to this chapter.

(C) Insurance requirements. Permittees must obtain liability insurance from an insurance company licensed to do business in the state and having a financial rating in Best's Insurance Guide of not less than "A VII." Such insurance will provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such event. For outdoor dining, such insurance must be in a minimum amount of $1,000,000. Insurance will name the city and the city's elected and appointed officials, officers, and employees as additional insureds under the coverage afforded. In addition, such insurance will be primary and noncontributing with respect to any other insurance available to the city and will include a severability of interest (cross-liability) clause. If alcoholic beverages are sold or served during café entertainment, the policy must also include an endorsement for liquor liability in an amount not less than $1,000,000.

(D) Certificates of insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements, in a form approved by the city's risk manager, must be filed with the Director not less than five business days, except as otherwise provided in this chapter, before the date of the event unless the Director for good cause waives the filing deadline.

(E) Permittees must attempt to notify all affected persons, by any reasonable means, regarding the nature, date, and time of café entertainment as specified by the Director. Failure of the permittee to give such notice will not invalidate a permit.

(Ord. 1151, passed 1-3-06)

(A) Grounds for special permit conditions. The Director may condition a permit with reasonable requirements to protect public health, safety, and welfare.

(B) Conditions may include, without limitation, the following:

(1) Accommodating pedestrian and vehicular traffic;

(2) Use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of café entertainment;

(3) Obtaining of any and all business licenses required by this code for the sale of food, beverage or other goods or services; and

(4) The manner of which alcohol sales and service, if any, will be conducted.

(Ord. 1151, passed 1-3-06)

The Director may condition previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable.

(Ord. 1151, passed 1-3-06)

(A) Whenever any change occurs in the information contained in the permit, the permittee must give the Director written notice of the change within 30 days of the date that the change becomes effective.

(B) If a permittee fails to give the Director timely written notice of a change in the information contained in the application, the Director may charge the permittee an additional administrative fee.

(Ord. 1151, passed 1-3-06)

(A) The Director may modify, suspend, or revoke a permit upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable.

(B) The Director may modify, suspend, or revoke a permit when the permittee, café entertainment, or outdoor dining violates the permit's terms and conditions, or when event participants violate applicable laws or regulations; provided, however, that the Director will not revoke a permit without warning the permittee and allowing him or her to correct the violation(s) within a reasonable time.

(C) The Director may modify, suspend, or revoke a permit when extraordinary law enforcement or public safety services were required as a result of the permit activities to the extent that they create an unreasonable burden on the city.

(Ord. 1151, passed 1-3-06)

The Director and any sworn public safety officer may temporarily suspend a permit whenever there is an emergency that requires such action to protect public safety.

(Ord. 1151, passed 1-3-06)

(A) Where the provisions of this chapter require that an applicant or permittee be served with notice, such notice will be deemed served when personally delivered to such applicant or permittee or when deposited in the first class U.S. Mail, addressed to such applicant or permittee at the applicant's or permittee's last known address.

(B) Unless otherwise provided, written notification to a permittee or applicant of a permit decision will state with particularity the basis for such decision.

(Ord. 1151, passed 1-3-06)

(A) Except as otherwise provided, an applicant may request administrative review of the Director's decision pursuant to this chapter.

(B) Except as otherwise provided, a request for review must be commenced within five days from the date on which written notice of the Director's decision is served on the applicant or permittee.

(C) If request is untimely, the Director may, nevertheless, extend the time for commencing such review for good cause shown.

(D) A request for administrative review must be on a form provided by the Director and contain the following information:

(1) The name, address and telephone number of the person making the request;

(2) A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued;

(3) A brief description of all grounds for making the request; and

(4) Such other information as may be required by the Director.

(E) Upon request for administrative review being filed, the Director will provide a copy of the notice to the City Manager within two business days.

(F) Upon receiving a request for review from the Director, the City Manager will review the request and, within ten days of receiving the request notice, provide the appellant with a written notification that:

(1) The Director's decision is affirmed;

(2) The Director's decision is modified;

(3) The Director's decision is reversed and a permit is issued or issued without special conditions.

(G) The City Manager may, but is not required to, conduct a hearing at a time and place determined at the City Manager's sole discretion.

(H) In addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the Director's decision.

(I) The City Manager's decision is final. There is no right to a City Council appeal.

(Ord. 1151, passed 1-3-06)