Torrance Municipal Code Art. 5 Cafe Entertainment

No person shall operate, conduct or manage any public place where any form of live entertainment is provided or furnished without having obtained an entertainment permit from the License Review Board.

a) In determining whether to grant an entertainment permit, the License Review Board shall consider the following factors:

1. Whether the proponent can comply with all the rules and laws of the State of California and the City of Torrance governing establishments presenting live entertainment.

2. Whether the facilities of the establishment will be adequate for the presentation of the type of entertainment proposed. In making this determination, the License Review Board shall consider the following factors:

i) The size of the premises;

ii) The proposed facilities;

iii) The existing facilities;

iv) The potential of such type of entertainment to attract patrons;

v) The area of the establishment compared to the proposed seating to be available in the establishment;

vi) The availability of parking.

3. Whether the proposed use of any establishment (licensed under this Article) will be compatible with the neighborhood in which the establishment is located. In making such determination, the License Review Board shall consider the following factors which may reasonably be attributable to the proposed use of the establishment:

i) Any increase in traffic congestion or confusion;

ii) Hazards to public health or safety;

iii) General annoyances to the neighborhood;

iv) Proximity to educational and religious establishments and family residences.

4. Whether the establishment will be in compliance with all zoning ordinances of the City of Torrance and all the terms of any applicable conditional use permits or variances.

The License Review Board shall require a public hearing prior to taking action on an application for a permit pursuant to this Article.

a) Upon the filing of an application for a license for any establishment under this Article, the License Supervisor shall set a time for a public hearing before the License Review Board on whether said application should be approved or denied. Such hearing must be set for no later than thirty (30) days after the filing of the application.

b) The License Supervisor shall cause to be published a notice of public hearing two (2) times at intervals of not less than five (5) days, within the fifteen (15) day period following the filing of an application, in a newspaper of general circulation in the district where the business is to be located. Furthermore, the License Supervisor shall give notice by mail to all property owners within three hundred (300) feet of the proposed business. The License Supervisor shall cause a suitable notice to be posted at the location where the business is to be conducted. The applicant shall bear all expense involved in mailing, printing, publishing and posting such notice. Such public notice shall conform to the rules and regulations adopted by the License Review Board and shall be designed to inform the public as to the nature of the business to be engaged in, its location, the names of the applicant or applicants, the time of the public hearing and the right of persons objecting to be heard.

c) Any interested person may file written protests or objections, or appear at the hearing. The License Review Board shall give consideration to all such protests in reaching a decision on such application.

d) The License Review Board shall render its decision within five (5) days after the close of the public hearing. Where there has been a hearing at the Planning Commission previous to the License Review Board hearing, the License Review Board hearing shall be posted not more than seven (7) days after the final action of the Planning Commission.

(Amended by O-2822)

Any action by the License Review Board as to the promulgation of any rule or the decision on any license shall be subject to appeal to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1.

(Added by O-2361; Amended by O-2362)

Where a permit to present live entertainment has previously been granted and the licensee proposes to change the type of entertainment to be presented, the following requirements shall apply.

1. The licensee shall appear before the Planning Commission for determination that all of the conditions of the existing conditional use permit have been complied with.

2. The Planning Commission shall also determine at such time that the proposed type of entertainment would be in compliance with the existing conditional use permit or, if not, whether a new conditional use permit should be granted. In making such determination, the Planning Commission shall consider the following factors:

a) Whether the new type of entertainment will differ materially in the amount or type of equipment and facilities needed.

b) Whether the facilities are adequate for the proposed entertainment.

c) Whether the new type of entertainment will have a tendency to increase the amount of patronage coming to the premises.

d) Whether the proposed use will have a deleterious effect on the neighborhood including its effect on zoning, traffic congestion, safety, public health, morals and welfare or any other impact upon the neighborhood in which the Planning Commission may find to be significant.

3. When the Planning Commission finds that the proponent has complied with the conditions of the existing conditional use permit and that the proposed entertainment is consistent with the conditional use permit as granted or a new conditional use permit has been issued, then the permittee shall appear before the License Review Board for an entertainment permit. At that time, the License Review Board shall consider whether to grant such entertainment permit based upon all the provisions in this Section as delineated in subsection 2.