Chapter 5.52 — EXTENDED HOUR BUSINESSES

For the purposes of this chapter, the following term shall have the following meaning:

"Extended hour business" shall mean and include any business establishment which is regularly open twenty-four hours a day or which has an opening or closing hour that falls between 2:00 a.m. and 6:00 a.m. It shall not include bars and nightclubs which only have an opening or closing hour that falls between 2:00 a.m. and 6:00 a.m. on certain holidays or for special events pursuant to Section 5.12.020 of the West Hollywood Municipal Code.

(Prior code § 6351.5(a); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 34, 35, 36, 1995)

The city finds that businesses which are open for twenty-four hours a day, by virtue of the fact that they continue to operate throughout the night while most people are asleep, generate traffic and noise patterns during off hours which tend to disrupt the character of the surrounding neighborhood and which tend to attract criminal activity. This disruptive effect is enhanced in the City of West Hollywood where residential and nonresidential uses are often found in close proximity. Therefore, the city finds that there is a need to regulate these businesses to ensure that the business operators maintain and run the businesses in a clean and healthful manner so as to reduce the effect of the increased traffic and noise generated by such businesses. (Prior code § 6351.5(b); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 34, 35, 36, 1995)

1. Manager Required. Extended hour business operators shall require a manager to be on the premises during all hours of the business operation.

2. Light and Glare. On-site screening shall be installed and maintained, to the satisfaction of the Director, to minimize light and glare on adjoining residential properties and dwelling units, in compliance with Section 19.20.100 (Outdoor Lighting).

3. Noise. Precautions shall be taken to minimize the noise impacts of entertainment, music sources, employees and patrons (both within and outside of motor vehicles) on adjoining residential properties in compliance with Municipal Code Chapter 9.08 (Noise). No deliveries shall occur during extended hours.

4. Traffic Impacts. The business shall be operated to minimize impacts on nearby residential neighborhoods resulting from late night or early morning vehicle or pedestrian traffic generated by the business.

5. Crime Prevention. The facility shall be designed, developed, and operated to provide the maximum feasible patron and employee security and crime prevention. Specifically, the design, installation, and maintenance of landscaping, fences, walls, hedges, outdoor displays and storage, security lighting, and solid waste storage areas shall promote customer, neighborhood, and employee security and minimize opportunities for crime to the greatest extent feasible. A minimum of one security guard, licensed and possessing a valid Department of Consumer Affairs "Security Guard Card" at all times, shall remain on duty during all hours from 2:00 a.m. to 6:00 a.m. that the business is open. The business

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.52.030

§ 5.52.050

operator shall not employ security guards armed with firearms or tasers. The Commission may waive or modify the security guard requirement if an alternative method is determined to be acceptable in meeting the intent of this subsection or due to the nature or location of the business the Commission determines that the security guard requirement is not necessary

6. Parking. Existing on-site parking spaces adjoining residential properties and dwelling units shall not be used between the hours of 2:00 a.m. to 6:00 a.m., except for employee parking. This standard shall not be construed or interpreted so as to encourage on-street parking within or immediately adjacent to any adjoining residential neighborhoods. The design, installation, and maintenance of on-site parking areas shall comply with Chapter 19.28 (Off-Street Parking and Loading Standards).

7. Other Conditions. The Commission has the authority to add other conditions as necessary. (Prior code § 6351.5(c); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 34, 35, 36, 1995; Ord. 17-1014 § 6, 2017; Ord. 17-1019 § 10, 2018)

In order to approve an application for an extended hour business, the Commission must make the following findings:

1. The proposed business will provide sufficient off-street parking for its patrons to prevent cruising on neighborhood streets, looking for parking, or other traffic-related noise and disturbances during the hours between 10:00 p.m. and 6:00 a.m.;

2. The proposed business premises shall be maintained or refurbished to present a neat and clean appearance;

3. The applicant or licensee will discourage patrons from engaging in criminal or unlawful activity on or immediately adjacent to the business premises by providing diligent management, instituting security measures and making contact with the Sheriff's Department whenever such unlawful activity occurs; and

4. The applicant will discourage loitering in and immediately adjacent to the business premises.

(Prior code § 6351.5(d); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 34, 35, 36, 1995; Ord. 17-1014 § 7, 2017)

In addition to the grounds for revocation set forth in Section 5.08.190, the Commission may revoke a business license for an extended hour business if it finds:

1. That the licensee, licensee's employees, agents or manager have provided insufficient parking for its patrons, thus causing cruising on neighborhood streets, looking for parking, and causing other traffic-related noise and disturbances between the hours of 10:00 p.m. and 6:00 a.m.;

2. That the licensee, licensee's employees, agents or manager have failed to maintain the business in a neat and clean condition;

3. That the licensee, licensee's employees, agents or manager have allowed, or failed to

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City of West Hollywood, CA § 5.52.050

WEST HOLLYWOOD CODE

§ 5.52.060

prevent, its business patrons to engage in criminal or unlawful activity on or immediately adjacent to the business premises; and

4. That the licensee, licensee's employees, agents or manager have permitted or failed to discourage loitering in and immediately adjacent to the business premises.

(Prior code § 6351.5(e); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 34, 35, 36, 1995)

An applicant for a business license for an extended hour business shall make application on the forms furnished by the Director and shall provide all information deemed necessary by the Director, including, but not limited to, the following:

1. Proposed hours of operation.

2. A security plan that describes the security features, including personnel and equipment, that the applicant will employ and how they will be utilized.

3. A description of how the applicant will maintain the orderly appearance and operation of the premises with respect to litter and noise.

4. A description of how the business will have people exit the establishment at closing time and during an emergency that requires all people to exit the establishment quickly.

5. Such other reasonable and pertinent information as the Business License Commission may require.

6. An applicant shall promptly notify the Director, in writing, of amendment to the submitted business plan.

• (Ord. 17-1014 § 8, 2017)

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.56.010

§ 5.56.030

CHAPTER 5.56 FORTUNETELLING