HomeMy WebLinkAboutOrd 1146 thru 1149 Noise Distrbnce & Entertnmnt EstablishmntsCITY OF PALM DESERT
Community Services Division
Staf Report
MEETING DATE / C _ , 2.`_� - C J
E CONTINUED TO � - /3 L' 7
LJ PASSED TO 2ND READING
REQUEST: REQUEST FOR CONSIDERATIOMOU RECQUMFMfl &TInN FROM
THE PALM DESERT PUBLIC SAFETY COMMISSION DEALING
WITH NOISE DISTURBANCE AND ENTERTAINMENT
ESTABLISHMENTS * Continued to the meeting of December 13, 2007,
appointing a subcommittee consisting of a Member
SUBMITTED BY: Sheila R. Gilligan, ACM/Community Services of the Public Safety
Commission, the City Attorney, and Councilmembers
Ferguson and Spiegel to work on the matter until
DATE: October 25, 2007 that date 5-0
RECOMMENDATION:
- Et/CONTINUED
TO d l� 0/67-61,
❑ PASSED TO 2ND READING
Waive further reading and: 1) Adopt Urgency Ordinances Mc 1 1dR amending Chanter 9.24
Noise Control; 2) pass Ordinance No. 1147 to second reading amending Chapter 9.24
Noise Control; 3) adopt Urgency Ordinance No. 1148 adding Chapter 9.25 regarding
multiple responses to loud or unruly parties, gatherings, or other similar events; 4) pass
Ordinance No. 1149 to second reading adding Chapter 9.25 regarding multiple responses
to loud or unruly parties, gatherings, or other similar events; 5) pass Ordinance No. 1150 to
second reading approving Chapter 5.100 related to entertainment permits.
BACKGROUND:
Several months ago, staff received direction from the City Council to investigate and make
recommendations to address the issues in front of the City relative to noise disturbance
and entertainment establishments. The City Attorney prepared ordinances in September
with input from all departments involved. These ordinances were then presented to the
Public Safety Commission at its meeting of September 12, 2007 (Minutes of said meeting
are attached).
The Public Safety Commission met again on October 17, 2007; four members were
present (Commissioner Nethery was absent). The Commission voted unanimously to
recommend that the City Council enact the proposed ordinances dealing with noise
disturbance and entertainment establishment criteria. The recommendation included that
all three ordinances be adopted as urgency measures at the same time as they were being
introduced; a second reading and adoption would be held two weeks after. The Minutes of
that meeting are also attached.
CITY COUNCIL STAFF REPORT OCTOBER 25, 2007
RE: REQUEST FOR CONSIDERATION OF RECOMMENDATION FROM THE PALM
DESERT PUBLIC SAFETY COMMISSION DEALING WITH NOISE
DISTURBANCE AND ENTERTAINMENT ESTABLISHMENTS
Subsequent to the Commission meeting, Deputy City Attorney Bob Hargreaves, Planning
Director Lauri Aylaian, and I discussed problem areas with adopting the entertainment
ordinance as an urgency measure. The ordinance itself provides a 90-day window in which
businesses must comply. Introduction of the ordinance would allow for us to notify all the
businesses in the City that might be affected and give them an opportunity to present
comments at the second reading of the ordinance.
The City Council has the discretion to introduce all three ordinances and process them
through the regular time frame. This would put them in affect approximately 45 days after
the initial introduction. The Public Safety Commission felt a sense of urgency, which the
Council might not share.
The Public Safety Commission members have spent considerable time and effort in
reviewing this proposed legislation. Many suggestions were made as a result of their input,
and these suggestions are reflected in the final version presented to the City Council at this
time.
• SHEILA R. 3fLLIGAN �
ACM/COMMUNITY SERVIES
CARLOS L. ORT A
CITY MANAGER
SRG:mpg
ORDINANCE NO. 1146
AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT
AMENDING CHAPTER 9.24 NOISE CONTROL
WHEREAS, Government Code Section 36937(b) authorizes the City Council to
adopt urgency ordinances that are effective immediately, when necessary, for the
immediate preservation of public peace, health and safety; and
WHEREAS, Govemment Code Section 36937(b) requires that urgency
ordinances be passed by four-fifths vote of the City Council;
NOW THEREFORE, the City Council of the City of Palm Desert does ordain as
follows:
SECTION 1. The City Council finds that the adoption of an urgency ordinance
amending Chapter 9.24 is necessary because inadequately controlled noise presents a
growing danger to the health and welfare of the City of Palm Desert.
SECTION 2. Chapter 9.24 is amended as follows:
"9.24.010 PURPOSE.
The City Council finds and declares that:
A. Inadequately controlled noise presents a growing danger to the health and
welfare of the residents of the City of Palm Desert; and
B. The making and creation of excessive, unnecessary or unusually loud
noises within the limits of the City of Palm Desert is a condition that has existed for
some time, however, the extent and volume of such noises is increasing; and
C. The making, creation or maintenance of such excessive, unnecessary,
unnatural or unusually loud noises that are prolonged, unusual and unnatural in their
time, place and use affect and are a detriment to public health, comfort, convenience,
safety, wetfare and prosperity of the residents of the City of Palm Desert; and
D. Every person is entitled to an environment in which the noise in not
detrimental to his life, health, or enjoyment of property; and
E. The necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted, is declared as a matter of legislative determination
and public policy, and it is further declared that the provisions and prohibitions
RMBUS�DER W IM2893R8.I
ORDINANCE NO. 1146
hereinafter contained and enacted are in pursuance of and for the purpose of securing
and promoting the public health, comfort, convenience, safety, welfare and prosperity
and the peace and quiet of the residents of the City of Palm Desert.
9.24.020 DEFINITIONS
"A weighted sound level" means the sound pressure level in decibels as
measured on a sound level meter using the A-weighting network. The level to read is
designated db (A) or dBA.
"Ambient noise level" means the all encompassing noise level associated with a
given environment, being a composite of sounds from all sources, excluding the alleged
offensive noise, at the location and approximate time at which a comparison with the
alleged offensive noise is to be made.
"Amplified music" means instrumental and/or vocal music amplified through
electronic means.
"Average sound level" means a sound level typical of the sound levels at a
certain place during a given period of time; also, means an equivalent continuous sound
level.
"Commercial establishments" means any nightclub, restaurant, sports bar,
industrial, retail or business establishment or combination thereof but not limited to.
"Construction equipmenY' means any tools, machinery or equipment used in
connection with construction operations, including all types of"special construction"
equipment as defined in the pertinent sections of the California Vehicle Code when
used in the construction process on any construction site, home improvement site or
property maintenance site, regardless of whether such site be located on-highway or
off-highway.
"Cumulative period" means an additive period of time composed of individual
time segments which may be continuous or interrupted.
"Decibel" means a unit measure of sound level noise.
"Emergency machinery," "vehicle" or "work" means any machinery, vehicle or
work used, employed or performed in an effort to protect, provide or restore safe
conditions in the community or for the citizenry, or wortc by private or public utilities
when restoring utility service.
"Fixed noise source" means a stationary device which creates sounds which are
fixed or motionless including but not limited to industrial and commercial machinery and
equipment, pumps, fans, compressors, generators, air conditions and refrigeration
equipment.
2
ORDINANCE NO. 1146
"Gathering" means any convergence of five or more persons.
"Impact noise" means the noise produced by the collision of one mass in motion
with a second mass which may be either in motion or in rest.
"Noise level" means the same as "sound level." The terms may be used
interchangeably herein.
"Person" means a person, firm, association, copartnership, joint venture,
corporation or any entity, public or private in nature.
"Portable powered blower" means any mechanically powered device, regardless
of the source of power, which is not stationary, and used for the purpose of blowing
leaves, dirt or other debris off sidewalks, lawns or other surfaces.
"Premises" means any real property at which a gathering may be held.
"Sound level" (noise level) in decibels is the quantity measured using the
frequency weighting of A of a sound level meter as defined herein.
"Sound level meter� means an instrument meeting American National Standard
Institute's Standard SL. 4-1974 for type 1 or type 2 sound level meters or an instrument
and the associated recording and analyzing equipment which will provide equivalent
data. (Ord. § 1, 1997; Ord. 691 § 1, 1992; Ord. 420 (part), 1985).
9.24.030 Sound level limi�s as r�elated to fixed noise sources.
A. The following ten-minute average sound level limits, unless othenivise
specifically indicated, shall apply as indicated in the following table as it relates to a
fixed noise source or pool equipment pursuant to 25.16.110 or leaf blowers pursuant to
Section 9.24.075.
Applicable Ten-Minute
Average Decibel Limit
Zone Time (A-weighted)
Residential- 7 a.m. to 10: p.m. 55
All Zones
10:00 p.m. to 7 a.m. 45
Commercial zone 7 a.m. to 10 p.m. 65
10 p.m. to 7 a.m.
Manufacturing Industrial 7 a.m. to 10 p.m. 70
Agricultural zon 10 p.m. to 7 a.m. 55
3
ORDINANCE NO. 1146
B. If the measured ambient noise level exceeds the applicable limit as noted
in the table in subsection A of this section, the allowable average sound level shall be
the ambient noise level. The ambient noise level shall be measured when the alleged
noise violation sources is not operating.
C. The sound level limit between two zoning districts shall be measured at
the higher allowable district
9.24.040 Prohibited noise generally
A. It is unlawful for any person or property owner within the City of Palm
Desert to make, cause, or continue to make or cause, loud, excessive, impulsive or
intrusive sound or noise that annoys or disturbs persons of ordinary sensibilities.
B. The factors, standards, and conditions that may be considered in
determining whether a violation of the provisions of this section has been committed,
include, but are not limited to, the following:
1. The level of the noise;
2. The level and intensity of the background (ambient) noise, if any;
3. The proximity of the noise to residential or commercial sleeping
areas;
4. The nature, density and zoning of the area within which the noise
emanates;
5. The density of inhabitation of the area within which the noise
emanates;
6. The time of day and night the noise occurs;
7. The duration of the noise;
8. Whether the nature of the noise is natural or unnatural;
9. Whether the noise is constant, recurrent or intermittent;
10. Whether the noise is produced by a commercial or noncommercial
activity;
4
ORDINANCE NO. 1146
11. Whether the use is lawful under the provisions of Title 9 of this
Code and whether the noise is one that could reasonably be expected from the activity
or allowed use
9.24.050 Disturbing, excessive, offensive noises --- Decla�ation of certain
acts constituting.
The following activities, are declared to be deemed disturbing, excessive or
offensive noises and any of the following shall constitute prima facie evidence of a
violation.
A. Homs, Signaling Devices, Muffler Systems, Car alarms, etc. Unnecessary
use or operation of homs, signaling devices, uncontrolled muffler noises, car alarms on
vehicles of all types, including motorcycles, and other equipment.
(1) The operation of any such sound production or reproduction device, radio
receiving set, musical instrument, drum, phonograph, television set, machine, loud
speaker and sound amplifier or similar machine or device in such a manner as to be
plainly audible at a distance of 50 feet or more from the building, structure or vehicle in
which located, or from the source point.
(2) The operation of any sound amplifier, which is part of, or connected to, any
radio, stereo reoeiver, compact disc player, cassette tape player, or other similar device
when operated in such a manner as to be plainly audible at a distance of 50 feet from
the source point or when operated in such a manner as to cause a person to be aware
of vibration at a distance of 50 feet or more from the source point.
9.24.160 Continuing or subsequent violations- Misdemeanor
Any person having committed a violation of any provisions of this chapter shall be guilty
of a misdemeanor upon the issuance of a third citation."
5
ORDINANCE N0. 1146
SECTION 3. This urgency ordinance complies with the "City of Palm Desert
Procedure for Implementation of California Environmental Quality Act, Resolution No.
02-60", in that pursuant to Section 3.07, the urgency ordinance is exempt because there
is no possibility that the adoption of the urgency ordinance will have any significant
negative effect on the environment.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day
of , 2007, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD S. KELLY, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
6
ORDINANCE NO. 1147
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING CHAPTER 9.24
NOISE CONTROL
The City Council of the City of Palm Desert, California dces hereby ordain as
follows:
SECTION 1.
That Sections 9.24.010 through 9.24.050 and 9.24.160 be and the same are hereby
amended to read as follows:
9.24.010 PURPOSE.
The City Council finds and declares that:
A. Inadequately controlled noise presents a growing danger to the health and
welfare of the residents of the City of Palm Desert; and
B. The making and creation of excessive, unnecessary or unusuatly loud
noises within the timits of the City of Palm Desert is a condition that has existed for
some time, however, the extent and volume of such noises is increasing; and
C. The making, creation or maintenance of such excessive, unnecessary,
unnatural or unusually loud noises that are prolonged, unusual and unnatural in their
time, place and use affect and are a detriment to public health, comfort, convenience,
safety, welfare and prosperity of the residents of the City of Palm Desert; and
D. Every person is entitled to an environment in which the noise in not
detrimental to his life, heatth, o�enjoyment of property; and
E. The necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted, is declared as a matter of legislative determination
and public policy, and it is further declared that the provisions and prohibitions
hereinafter contained and enacted are in pursuance of and for the purpose of securing
and promoting the public health, comfort, convenience, safety, weffare and prosperity
and the peace and quiet of the residents of the City of Palm Desert.
RMBU S�DE RW I N�289385.1
ORDINANCE NO. 1147
9.24.020 DEFINITIONS
"A weighted sound level" means the sound pressure level in decibels as
measured on a sound level meter using the A-weighting network. The level to read is
designated db (A) or dBA.
"Ambient noise level" means the all encompassing noise level associated with a
given environment, being a composite of sounds from all sources, excluding the alleged
offensive noise, at the location and approximate time at which a comparison with the
alleged offensive noise is to be made.
"Amplified music" means instrumental and/or vocal music amplified through
electronic means.
"Average sound level" means a sound level typical of the sound levels at a
certain place during a given period of time; also, means an equivalent continuous sound
level.
"Commercial establishments" means any nightclub, restaurant, sports bar,
industrial, retail or business establishment or combination thereof but not limited to.
"Construction equipmenY' means any tools, machinery or equipment used in
connection with construction operations, including all types of"special construction"
equipment as defined in the pertinent sections of the California Vehicle Code when
used in the construction process on any construction site, home improvement site or
property maintenance site, regardless of whether such site be located on-highway or
off-highway.
"Cumutative period" means an additive period of time composed of individual
time segments which may be continuous or interrupted.
"Decibel" means a unit measure of sound level noise.
"Emergency machinery," "vehicle" or "work" means any machinery, vehicle or
work used, employed or performed in an effort to protect, provide or restore safe
conditions in the community or for the citizenry, or work by private or public utilities
when restoring utility service.
"Fixed noise source" means a stationary device which creates sounds which are
fixed or motionless including but not limited to industrial and commercial machinery and
equipment, pumps, fans, compressors, generators, air conditions and refrigeration
equipment.
"Gathering" means any convergence of five or more persons.
"Impact noise" means the noise produced by the collision of one mass in motion
with a second mass which may be either in motion or in rest.
- 2 -
RMBUSIDERW I N�289385.1
ORDINANCE NO. 1147
"Noise level" means the same as "sound level." The terms may be used
interchangeably he�ein.
"Person" means a person, firm, association, copartnership, joint venture,
corporation or any entity, public or private in nature.
"Portable powered blower" means any mechanically powered device, regardless
of the source of power, which is not stationary, and used for the purpose of blowing
leaves, dirt or other debris off sidewalks, lawns or other surfaces.
"Premises" means any real property at which a gathering may be held.
"Sound level" (noise level) in decibels is the quantity measured using the
frequency weighting of A of a sound level meter as defined herein.
"Sound level meter' means an instrument meeting American National Standard
Institute's Standard SL. 4-1974 for type 1 or type 2 sound level meters or an instrument
and the associated recording and analyzing equipment which will provide equivalent
data. (Ord. § 1, 1997; Ord. 691 § 1, 1992; Ord. 420 (part), 1985).
� 9.24.030 Sound level limits as r�elated to fixed noise sources.
A. The following ten-minute average sound level limits, unless otherwise
spec�cally indicated, shall apply as indicated in the following table as it relates to a
fixed noise source or pool equipment pursuant to 25.16.110 or leaf blowers pursuant to
Section 9.24.075.
Applicable TenaYlinute
Average Decibel Limit
Zone Time (A-weighted)
Residential- 7 a.m. to 10: p.m. 55
All Zones
10:00 p.m. to 7 a.m. 45
Commercial zone 7 a.m. to 10 p.m. 65
10 p.m. to 7 a.m.
Manufacturing Industrial 7 a.m. to 10 p.m. 70
Agricultural zone 10 p.m. to 7 a.m. 55
- 3 -
RMBUSIDERWI N�289385.1
ORDINANCE NO. 1147
B. If the measured ambient noise level exceeds the applicable limit as noted
in the table in subsection A of this section, the allowable average sound level shall be
the ambient noise level. The ambient noise level shall be measured when the alleged
noise violation sources is not operating.
C. The sound level limit between two zoning districts shall be measured at
the higher allowable district
9.24.040 Prohibited noise generally
A. It is unlawful for any person or property owner within the City of Palm
Desert to make, cause, or continue to make or cause, loud, excessive, impulsive or
intrusive sound or noise that annoys or disturbs persons of ordinary sensibilities.
B. The factors, standards, and conditions that may be considered in
determining whether a violation of the provisions of this section has been committed,
include, but are not limited to, the following:
1. The level of the noise;
2. The level and intensity of the background (ambient) noise, if any;
3. The proximity of the noise to residential or commercial sleeping
areas;
4. The nature, density and zoning of the area within which the noise
emanates;
5. The density of inhabitation of the area within which the noise
emanates;
6. The time of day and night the noise occurs;
7. The duration of the noise;
8. Whether the nature of the noise is natural or unnatural;
9. Whether the noise is constant, recurrent or intermittent;
10. Whether the noise is produced by a commercial or noncommercial
activity;
11. Whether the use is lawful under the provisions of Title 9 of this
Code and whether the noise is one that could reasonably be expected from the activity
or allowed use
- 4 -
RM BUSIDE RW I N�289385.1
ORDINANCE NO. 1147
9.24.050 Disturbing, excessive, offensive noises --- Declaration of certain
acts constituting.
The following activities, are declared to be deemed disturbing, excessive or
offensive noises and any of the following shall constitute prima facie evidence of a
violation.
A. Horns, Signaling Devices, Muffler Systems, Car alarms, etc. Unnecessary
use or operation of homs, signaling devices, uncontrolled muffler noises, car alaRns on
vehicles of all types, including motorcycles, and other equipment.
(1) The operation of any such sound production or reproduction device, radio
receiving set, musical instrument, drum, phonograph, television set, machine, loud
speaker and sound amplifier or similar machine or device in such a manner as to be
plai�ly audible at a distance of 50 feet or more from the building, structure or vehicle in
which located, or from the source point.
(2) The operation of any sound amplifier, which is part of, or connected to, any
radio, stereo reoeiver, compact disc player, cassette tape player, or other similar device
when operated in such a manner as to be plainly audible at a distance of 50 feet from
the source point or when operated in such a manner as to cause a person to be aware
of vibration at a distance of 50 feet or more from the source point.
9.24.160 Continuing or subsequent violations- Misdemeanor
Any person having committed a violation of any provisions of this chapter shall be guilty
of a misdemeanor upon the issuance of a third citation.
SECTION 2.
This ordinance complies with the "City of Palm Desert Procedure for
Implementation of California Environmental Quality Act, Resolution No. 02-60", in that
pursuant to Section 3.07, the ordinance is exempt because there is no possibility that
the adoption of the ordinance will have any significant negative effect on the
environment.
- 5 -
RMBUS�DE RW tM289385.1
ORDINANCE NO. 1147
SECTION 3.
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in the Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California, and shall be in full force and effective
thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day
of , 2007, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD S. KELLY, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
- 6 -
RMBUSIDERW I M289385.1
ORDINANCE NO. 1148
AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT
ADOPTING CHAPTER 9.25 REGARDING
MULTIPLE RESPONSES TO LOUD OR UNRULY PARTIES, GATHERINGS OR OTHER
SIMILAR EVENTS
WHEREAS, Govemment Code Section 36937(b) authorizes the City Council to adopt
urgency ordinances that are effective immediately, when necessary, for the immediate
preservation of public peace, health and safety; and
WHEREAS, Govemment Code Section 36937(b) requires that urgency ordinances be
passed by four-fifths vote of the City Council;
NOW THEREFORE, the City Councit of the City of Palm Desert does ordain as follows:
SECTION 1. The City Council finds that the adoption of an urgency ordinance regarding
multiple responses to loud or unruly parties, gatherings or other similar events is necessary to
prevent a current and immediate threat to the public health and safety in that there has been a
recurring problem within the city of loud and unruly parties that harass and annoy citizens and
cause multiple law enforcement responses that are costly and detract law enforcement
resources from more important duties.
SECTION 2. That Chapter 9.25 be and the same is hereby added to the Code of the
City of Palm Desert, California, to read as follows:
"CHAPTER 9.25
MULTIPLE RESPONSES TO LOUD OR UNRULY PARTIES, GATHERINGS OR OTHER
SIMILAR EVENTS
9.25.010 DeGaration of findings and policy.
9.25.020 Loud or unn.ily gatherings—Public nuisance.
9.25.030 Notice of unruly gatherings—Posting, mail.
9.25.040 Persons liable for subsequent response to a gathering constituting a
public nuisance.
9.25.050 Schedule of civil penalties.
9.25.060 Collection of delinquent costs io� a subsequer►t city response.
RMBUSIDERWIM2R9389 1
ORDINANCE NO. 1148
Section 9.25.010
It is hereby found and declared that:
A. Due to inadequate supervision, some large gatherings of people, such as parties,
frequently become loud and unruly to the point that they constitute a threat to the peace, health,
safety, or general welfare of the public as a result of conduct such as one or more of the
following: excessive noise, excessive traffic, obstruction of public streets or crowds who have
spilled over into public streets, public drunkenness, the service of alcohol to minors, fights,
disturbances of the peace, and litter.
B. The City of Palm Desert is required to make multiple responses to such unruly
gatherings in order to restore and maintain the peace and protect public safety. Such gatherings
are a burden on scarce city resources and can result in police responses to regular and
emergency calls being delayed and police protection to the rest of the city being reduced.
C. In order to discourage the occurrence of repeated loud and unn.dy gatherings, the
persons responsible for the public nuisance created by these gatherings should be fined.
9.25.020 Loud or unruly gatherings—Public nuisance.
It shall be unlawful and a public nuisance to conduct a gathering of ten or more persons
on any private property in a manner which constitutes a substantial disturbance of the quiet
enjoyment of private or public property in a significant segment of a neighborhood, as a result of
conduct constituting a violation of law. Illustrative of such unlawful conduct is excessive noise or
traffic, obstruction of public streets by crowds or vehicles, public drunkenness, the service of
alcohol to minors, fights, disturbances of the peace, litter. A gathering constituting a public
nuisance may be abated by the city by all reasonable means including, but not limited to, an
order requiring the gathering to be disbanded and citation and/or arrest of any law violators under
any applicable local laws and state statutes.
9.25.030 Notice of unruly gatherings—Posting, mail.
A. When the city intervenes at a gathering which constitutes a public nuisance
under this chapter, the premises at which such nuisance occurred shall be posted with a Notice
substantially in the form attached hereto as Exhibit "A"stating that a public nuisance under this
chapter was caused by a gathering at the premises, the date and time of the police intervention,
and that any subsequent or second police intervention with respect to a nuisance under this
chapter at said premises, including a second intervention that same day or night, within 60 days
of the first intervention, shall result in the joint and several liability of any guests causing the
public nuisance, persons who are residents or in control of the property at which the public
nuisance occurred, persons who sponsored the gathering constituting the public nuisance, and
owners of the premises as more fully set forth in sections 9.25.040—9.25.060 below. The
residents and persons in control of such property, and the sponsors of the event, shall be
responsible for ensuring that such Notice is not removed or defaced and shall be liable for a civii
penalty of$100 in addition to any other penalties which may be due under this chapter, if such
Notice is removed or defaced, provided, however, that the residents of the premises or sponsor
of the event, if present, shall be consulted as to the location in which such Notice is posted in
2
ORDINANCE NO. 1148
order to achieve both the security of the Notice and its prominent display. The Notice shall
remain posted for the entire 60-day period.
B. Notice of the police intervention shall also be mailed to any property owner at the
address shown on the city's property tax assessment records and shall advise the property
owner that any subsequent gathering resulting in a public nuisance within 60 days on the same
premises necessitating city intervention shall result in liability of the property owner for all
penalties associated with such intervention as more particularly set forth below.
3
ORDINANCE NO. 1148
EXHIBIT A
IMPORTANT NOTICE REGARDING
PUBLIC NUISANCE
NOTICE IS HEREBY GIVEN THAT, pursuant to Palm Desert Municipal Code Chapter (PDMC)
9.25, on:
Date: , 20_, at a.m./p.m.
the Palm Desert Police Department found that a gathering, at the below-listed premises caused
a public nuisance as defined by PDMC Chapter 9.25 e.g., disturbance of the peace, threat to
public safety, etc.):
Address:
WARNING
IF THE POLICE RESPOND TO ANOTHER DISTURBANCE CONSTITUTING A NUISANCE (AS
DEFINED BY PDMC CHAPTER 9.25 AT THE ABOVE PREMISES WITHIN 120 DAYS OF THIS
NOTICE, INCLUDING BUT NOT LIMITED TO A DISTURBANCE IATER TODAY OR TONIGHT,
A SUBSEQUENT RESPONSE FEE WILL BE IMPOSED UPON:
1. ALL GUESTS CAUSING THE NUISANCE
2. ALL SPONSORS OF THE GATHERING
3. ALL RESIDENTS OF THE PREMISES
4. ALL PERSONS IN CONTROL OF THE PREMISES
5. ALL OWNERS OF THE PREMISES THAT RESIDE ON OR ADJACENT TO THE
PREMISES, OR ARE PRESENT AT THE PREMISES WHEN THIS NOTICE IS FIRST
POSTED.
Property owners who do not reside on or adjacent to the above premises, and who are not
present when this Notice is first posted, are also jointly and severally liable for said fee, if the next
disturbance occurs after two weeks after this Notice is mailed to said owner.
THIS NOTICE MUST REMAIN POSTED ON THE PREMISES FOR 60 DAYS
$100 FINE FOR UNAUTHORIZED REMOVAL OF THIS NOTICE
(Name and Signature of the Officer Issuing This Notice)
(Officer's Phone Number)
Date:
Case Number:
4
ORDINANCE NO. 1148
9.25.040 Persons liable for subsequent response to a gathering constituting a
public nuisance.
If the city is required to intervene as to a gathering constituting a public nuisance on the
same premises more than once in any 60-day period, including a second intervention
during the same day or night as the first intervention, the following persons shall be
jointly and severally liable for civil penalties as set forth in Section 9.25.050 below, in
addition to liability for any injuries to city personnel or damage to city p�operty.
A. The person or persons who own the premises where the gathering constituting a
public nuisance took place if any of the following are the case: (1) said owner resides on or
adjacent to the premises, (2) said owner was present when the Notice described in Exhibit "A"
was first posted, or(3)the Notice described in Exhibit"A"was mailed to said owner and
fourteen (14) days have elapsed since the date of said mailing. For purposes of this subsection,
where a gathering takes place within the confines of a single unit in a building owned by a
housing cooperative, the owner of the property shall be deemed to be the owner of the single
unit and not the members of the housing cooperative in general. Where the gathering took place
in the common area of a building owned by a housing cooperative, only the members of the
cooperative owning units in the building where the gathering took place shall be deemed the
owners of the property for purposes of this subsection. Other members of the housing
cooperative may still be liable if they fall within the categories of person made liable by section
9.25.040, subsections B., C., or D., below.
B. The person or persons residing on or otherwise in control of the property where
such gathering took place.
C. The person or persons who organized or sponsored such gathering.
D. All persons attending such gathering who engaged in any activity resulting in the
public nuisance.
E. Nothing in this section shall be construed to impose liability on the �esident or
owners of the premises or sponsor of the gathering, for the conduct of persons who are present
without the express or implied consent of the �esident or sponsor, as long as the resident and
sponsor have taken all steps reasonably necessary to exclude such uninvited participants from the
premises. Where an invited guest engages in conduct which the sponsor or resident could not
reasonably foresee and the conduct is an isolated instance of a guest at the event violating the
law which the sponsor is unable to reasonably control without the intervention of the police, the
unlawful conduct of the individual guest shall not be attributable to the sponsor, owner, or
resident for the purposes of determining whether the event constitutes a public nuisance under
this section.
F. There shall be no liability for civil penalties under this chapter for a subsequent
intervention during the same day or night as the prior intervention, unless a reasonable time has
been provided to abate the public nuisance, taking into account the size of the gathering, the
time of day, and other relevant factors.
5
ORDINANCE NO. 1148
G. There shall be no liability for civil penafties under this chapter for a second response
during the same day or night as the first response when a person who wouki othen�vise be liable
under subdivision (A) seeks assistance from the Police Department to abate a public nuisance
under this Chapter, and the person cooperates fully with the police while taking reasonable action
to abate the public nuisance.
H. If the city is required to intervene at a gathering constituting a public nuisance on
the same premises more than once in any 60-day period, excluding a second intervention
during the same day or night as the first intervention, the 60-day period shall be extended by
another 60 days from the date of the second intervention.
9.25.050 Recovery of subsequent response fee.
A. After given proper notice pursuant to section 9.25.030 and a reasonable
opportunity to abate a gathering constituting a public nuisance, a subsequent response fee shall
be assessed against all persons liable for the city's intervention. The subsequent response fee
shall include:
1. The actual cost to the city of law enforcement services incurred as a
result of a subsequent response;
2. The adual cost of any medical treatmerrt required by a police officer for
injuries sustained during a subsequent response;
3. The cost of repairing or replacing any city equipment or property
damaged or destroyed during a subsequent response.
B. Except as provided in subsection (A) of this section, the subsequent response fee
shall not exceed One Thousand Dollars ($1,000.00)for any subsequent response.
C. The remedies set forth in this chapter shall be in addition to any other penalties
imposed by law for particular violations of law committed during the course of an event which is a
public nuisance under this ordinance, provided however, that if the only violation of law which
constituted the public nuisance under this chapter is excessive noise, the remedies provided
under this chapter shall be exclusive of any other remedies provided by law to the city for such
excessive noise.
D. The city shall bill all persons liable for subsequent response fees by mail by
sending a letter in substantially the fortn attached hereto as Exhibit"B." Payment of the fees shall
be due within thirty(30) days of the date the bill is deposited in the mail. If full payment is not
received within the required time for payment, the bill will be delinquent, and all persons liable for
the fees shall be charged interest at the maximum legal rate from the date the payment period
expires and a further civil penalry in the amount of$100.
6
ORDINANCE NO. 1148
EXHIBIT B
Date:
To:
Dear:
The City of Palm Desert was required to abate the public nuisance caused by a gathering of 10
or more persons at(location of property), which substantially disrupted the quiet enjoyment of
property in a signficant segment of the adjacent neighbofiood. This is the (second/third/fourth,
etc.) such public nuisance at this property within the last 120 days, and thus, a fee of
is imposed on you. If you fail to remit this fine to the city of Palm Desert by (30 days
from the date of this notification) you will be liable for an additional $100 penalty, plus interest.
The payment should be remitted to the address listed below. Your liability is based on the fact
that you were:
( ] An owner of the property to whom was sent prior notice of a public nuisance at the property
within the previous 120 days; and/or
[ ] An owner of the property who resided on or adjacent to the property when the public
nuisance took place; and/or
[ ] An owner of the property who was present when a Notice of a public nuisance was first
posted at the property; and/or
[J A person who resided on or was othervvise in control of the property when the public
nuisance took place there; and/or
[] A person who organized or sponsored the event that created the public nuisance at such
property; and/or
[] A person who attended the event constituting the public nuisance at such property and
engaged in the conduct which resufted in the public nuisance.
If you believe that you are not liable you may defend this claim in the civil action which the City of
Palm Desert will file against you upon your failure to remit the fee. You should be aware,
however, that if you fail to prevail in that action you will be liable for the additional penalry of$100
and interest on the total fee.
Sincerely yours,
(Name, title, address and phone number of signatory)
9.25.060 Collsction of delinquent costs for a subsequent city response.
7
ORDINANCE NO. 1148
A. The penalties assessed as a result of a subsequent city response to a loud or
unruly gathering shall constitute a debt of all persons liable for the penalties in favor of the city
and may be collected in any manner authorized by law and are recoverable in a civil action filed
by the city in a court of competent jurisdiction. The remedies provided by this chapter are in
addition to all other civil and criminal remedies availabte to the city with respect to the unlawful
conduct constituting the public nuisance which gave rise to the need for the city response under
this chapter.
B. The City of Palm Desert may also colled the fees assessed against the owner of
the property as provided in chapter 8.20.11.
SECTION 3. This urgency ordinance complies with the "City of Palm Desert Procedure
for Implementation of Califomia Environmental Quality Act, Resolution No. 02-60", in that
pursuant to Section 3.07, the urgency ordinance is exempt because there is no possibility that
the adoption of the urgency ordinance will have any sign�cant negative effect on the
environment.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of
, 2007, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD S. KELLY, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clertc
City of Palm Desert, Califomia
8
ORDINANCE NO. 1149
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING CHAPTER 9.25
REGARDING
MULTIPLE RESPONSES TO LOUD OR UNRULY PARTIES,
GATHERINGS OR OTHER SIMILAR EVENTS
The City Council of the City of Palm Desert, Califomia does hereby ordain as follows:
SECTION 1.
That Chapter 9.25 be and the same is hereby added to the Code of the City of Palm Desert,
Califomia to read as follows:
CHAPTER 9.25
MULTIPLE RESPONSES TO LOUD OR UNRULY PARTIES, GATHERINGS OR OTHER
SIMILAR EVENTS
9.25.010 Declaration of findings and policy.
9.25.020 Loud or unruly gatherings—Public nuisance.
9.25.030 Notice of unruly gatherings—Posting, mail.
9.25.040 Persons liable for subsequent response to a gathering constituting a
public nuisance.
9.25.050 Schedule of civil penalties.
9.25.060 Collection of delinquent costs for a subsequent city response.
Section 9.25.010
It is hereby found and declared that:
A. Due to inadequate supervision, some large gatherings of people, such as parties,
frequently become loud and unruly to the point that they constitute a threat to the peace, heafth,
safety, or general welfare of the public as a result of conduct such as one or more of the
following: excessive noise, excessive traffic, obstrudion of public streets or crowris who have
spilled over into public streets, public dn.mkenness, the service of alcohol to minors, fights,
disturbances of the peace, and litter.
RMBUS�DER W fM288556.I
ORDINANCE NO. 1149
B. The City of Palm Desert is requirecl to make mu�iple responses to such unruly
gatherings in order to restore and maintain the peace and protect public safety. Such gatherings
are a burden on scarce city resources and can result in police responses to regular and
emergency calls being delayed and police protection to the rest of the city being reduced.
C. In order to discourage the occurrence of repeated loud and unruly gatherings, the
persons responsible for the public nuisance created by these gatherings should be fined.
9.25.020 Loud or unruly gatherings—Public nuisance.
It shall be unlawful and a public nuisance to conduct a gathering of ten or more persons
on any private property in a manner which constitutes a substantial disturbance of the quiet
enjoyment of private or public property in a significant segment of a neighborhood, as a result of
conduct constituting a violation of faw. Hlustrative of such unlawful conduct is excessive noise or
traffic, obstrudion of public streets by crowds or vehicles, public drunkenness, the service of
alcohol to minors, fights, disturbances of the peace, litter. A gathering constituting a public
nuisance may be abated by the city by all reasonable means including, but not limited to, an
order requiring the gathering to be disbanded and citation and/or arrest of any law violators under
any applicable local laws and state statutes.
9.25.030 Notice of unnily gatherings—Posting, mail.
A. When the city intervenes at a gathering which constitutes a public nuisance
under this chapter, the premises at which such nuisance occurred shall be posted with a Notice
substantially in the form attached hereto as Exhibit "A"stating that a public nuisance under this
chapter was caused by a gathering at the premises, the date and time of the police intervention,
and that any subsequent or second police intervention with respect to a nuisance under this
chapter at said premises, including a second intervention that same day or night, within 60 days
of the first intervention, shall result in the joint and several liability of any guests causing the
public nuisance, persons who are residents or in control of the property at which the public
nuisance occurred, persons who sponsored the gathering constituting the public nuisance, and
owners of the premises as more fully set forth in sections 9.25.040—9.25.060 below. The
residents and persons in control of such property, and the sponsors of the event, shall be
responsible for ensuring that such Notice is not removed or defaced and shall be liable for a civil
penalty of$100 in addition to any other penalties which may be due under this chapter, if such
Notice is removed or defaced, provided, however, that the residents of the premises or sponsor
of the event, if present, shall be consulted as to the location in which such Notice is posted in
order to achieve both the security of the Notice and its prominent display. The Notice shall
remain posted for the entire 60-day period.
B. Notice of the police intervention shall also be mailed to any property owner at the
address shown on the city's property tax assessment records and shall advise the property
owner that any subsequent gathering resulting in a public nuisance within 60 days on the same
premises necessitating city intervention shall result in liability of the property owner for all
penalties associated with such intervention as more particularly set forth below.
- 2 -
RMBUS�DER W IM288556 1
ORDINANCE NO. 1149
EXHIBIT A
IMPORTANT NOTICE REGARDING
PUBLIC NUISANCE
NOTICE IS HEREBY GIVEN THAT, pursuant to Palm Desert Municipal Code Chapter(PDMC)
9.25, on:
Date: , 20_, at a.m./p.m.
the Palm Desert Police Department found that a gathering, at the below-listed premises caused
a public nuisance as defined by PDMC Chapter 9.25 e.g., disturbance of the peace, threat to
public safety, etc.):
Address:
WARNING
IF THE POLICE RESPOND TO ANOTHER DISTURBANCE CONSTITUTING A NUISANCE (AS
DEFINED BY PDMC CHAPTER 9.25 AT THE ABOVE PREMISES WITHIN 120 DAYS OF THIS
NOTICE, INCLUDING BUT NOT LIMITED TO A DISTURBANCE LATER TODAY OR TONIGHT,
A SUBSEQUENT RESPONSE FEE WILL BE IMPOSED UPON:
1. ALL GUESTS CAUSING THE NUISANCE
2. ALL SPONSORS OF THE GATHERING
3. ALL RESIDENTS OF THE PREMISES
4. ALL PERSONS IN CONTROL OF THE PREMISES
5. ALL OWNERS OF THE PREMISES THAT RESIDE ON OR ADJACENT TO THE
PREMISES, OR ARE PRESENT AT THE PREMISES WHEN THIS NOTICE IS FIRST
POSTED.
Property owners who do not reside on or adjacent to the above premises, and who are not
present when this Notice is first posted, are also jointly and severally liable for said fee, if the next
disturbance occurs after two weeks after this Notice is mailed to said owner.
THIS NOTICE MUST REMAIN POSTED ON THE PREMISES FOR 60 DAYS
$100 FINE FOR UNAUTHORIZED REMOVAL OF THIS NOTICE
(Name and Signature of the Officer Issuing This Notice)
(Officer's Phone Number)
Date:
Case Number:
- 3 -
RMI3US�D[R W(N�288556.1
ORDINANCE NO. 1149
9.25.040 Persons liable for subsequent response to a gathering constituting a
public nuisance.
If the city is required to intervene as to a gathering constituting a public nuisance on the
same premises more than once in any 60-day period, including a second intervention
during the same day or night as the first intervention, the following persons shall be
jointly and severally liable for civil penalties as set forth in Section 9.25.050 below, in
addition to liability for any injuries to city personnel or damage to city property.
A. The person or persons who own the premises where the gathering constituting a
public nuisance took place if any of the following are the case: (1) said owner resides on or
adjacent to the premises, (2) said owner was present when the Notice described in Exhibit "A"
was first posted, or(3)the Notice described in Exhibit "A"was mailed to said owner and
fourteen (14) days have elapsed since the date of said mai(ing. For purposes of this subsection,
where a gathering takes place within the confines of a single unit in a building owned by a
housing cooperative, the owner of the property shall be deemed to be the owner of the single
unit and not the members of the housing cooperative in general. Where the gathering took place
in the common area of a building owned by a housing cooperative, only the members of the
cooperative owning units in the building where the gathering took place shall be deemed the
owners of the property for purposes of this subsection. Other members of the housing
cooperative may still be liable if they fall within the categories of person made liable by section
9.25.040, subsections B., C., or D., below.
B. The person or persons residing on or otherwise in control of the property where
such gathering took place.
C. The person or persons who org�nized or sponsored such gathering.
D. All persons attending such gathering who engaged in any activity resulting in the
public nuisance.
E. Nothing in this section shall be construed to impose liability on the resident or
owners of the premises or sponsor of the gathering, for the conduct of persons who are present
without the express or implied consent of the �esident or spo�so�, as lo�g as the resident and
sponsor have taken all steps reasonably necessary to exdude such uninvited participants from the
premises. Where an invited guest engages in conduct which the sponsor or resident could not
reasonably foresee and the conduct is an isolated instance of a guest at the event violating the
law which the sponsor is unable to reasonably control without the intervention of the police, the
unlawful conduct of the individual guest shall not be attributable to the sponsor, owner, or
resident for the purposes of determining whether the event constitutes a public nuisance under
this section.
-4 -
RMBUS�I:R W ITJ�288556.1
ORDINANCE NO. 1149
F. There shall be no liability for civil penatties under this chapter for a subsequent
intervention during the same day or night as the prior intervention, unless a reasonable time has
been provided to abate the public nuisance, taking into account the size of the gathering, the
time of day, and other relevant factors.
G. There shall be no liability for civil penalties under this chapter for a second response
during the same day or night as the first response when a person who would otherwise be liable
under subdivision (A) seeks assistance from the Police Department to abate a public nuisance
under this Chapter, and the person coope�ates fully with the police while taking reasonable action
to abate the public nuisance.
H. If the city is required to intervene at a gathering constituting a public nuisance on
the same premises more than once in any 60�1ay period, exciuding a second intervention
during the same day or night as the first intervention, the 60-day period shall be extended by
another 60 days from the date of the second intervention.
9.25.050 Recovery of subsequent response fee.
A. After given proper notice pursuant to secfion 9.25.030 and a reasonable
opportunity to abate a gathering constituting a public nuisance, a subsequent response fee shall
be assessed against all persons liable for the city's intervention. The subsequent response fee
shall include:
1. The actual cost to the city of law enforcement services incurred as a
result of a subsequent response;
2. The actual cost of any medical treatment required by a police officer for
injuries sustained during a subsequent response;
3. The cost of repairing or replacing any city equipment or property
damaged or destroyed during a subsequent response.
B. Except as provided in subsection (A) of this section, the subsequent response fee
shall not exceed One Thousand Dollars ($1,000.00)for any subsequent response.
C. The remedies set forth in this chapter shall be in addition to any other penalties
imposed by law for particular violations of law committed during the course of an event which is a
public nuisance under this ordinance, provided however, that if the only violation of law which
constituted the public nuisance under this chapter is excessive noise, the remedies provided
under this chapter shall be exclusive of any other remedies provided by law to the city for such
excessive noise.
- 5 -
Rn�usv�rRwrrnzgassb.i
ORDINANCE NO. 1149
D. The city shall bill all persons liable for subsequent response fees by mail by
sending a letter in substantially the fonn attached hereto as Exhibit"B." Payment of the fees shall
be due within thirty (30) days of the date the bill is deposited in the mail. If full payment is not
received within the required time for payment, the bill will be delinquent, and all persons liable for
the fees shall be charged interest at the maximum legal rate from the date the payment period
expires and a further civil penalty in the amount of$100.
- 6 -
RMBUS�DGRWIM288556 I
ORDINANCE NO. 1149
EXHIBIT B
Date:
To:
Dear:
The City of Palm Desert was required to abate the public nuisance caused by a gathering of 10
or more persons at (location of property), which substantially disrupted the quiet enjoyment of
property in a significant segment of the adjacent neighborhood. This is the (second/third/fourth,
etc.) such public nuisance at this property within the last 120 days, and thus, a fee of
is imposed on you. If you fail to remit this fine to the city of Palm Desert by (30 days
from the date of this notification) you will be liable for an additional $100 penalty, plus interest.
The payment should be remitted to the address listed below. Your liability is based on the fact
that you were:
[ ] An owner of the property to whom was sent prior notice of a public nuisance at the property
within the previous 120 days; and/or
[] An owner of the property who resided on or adjacent to the property when the public
nuisance took place; and/or
[ ] An owner of the property who was present when a Notice of a public nuisance was first
posted at the property; and/or
[] A person who resided on or was othervvise in cont�ol of the property when the public nuisance took place
[ ] A person who organized or sponsored the event that created the public nuisance at such
property; and/or
[] A person who attended the event constituting the public nuisance at such property and
engaged in the conduct which resulted in the public nuisance.
If you believe that you are not liable you may defend this claim in the civil action which the City of
Palm Desert will file against you upon your failure to remit the fee. You should be aware,
however, that if you fail to prevail in that action you will be liable for the additional penalty of$100
and interest on the total fee.
Sincerely yours,
(Name, title, address and phone number of signatory)
- 7 -
RMBUSU�ER W IM288556.I
ORDINANCE NO. 1149
9.25.060 Collection of delinquent costs for a subsequent city response.
A. The penalties assessed as a result of a subsequent city response to a loud or
unruly gathering shall constitute a debt of all persons liable for the penalties in favor of the city
and may be collected in any manner authorized by law and are recoverable in a civil action filed
by the city in a court of competent jurisdiction. The remedies provided by this chapter are in
addition to all other civil and criminal remedies available to the city with respect to the unlawful
conduct constituting the public nuisance which gave rise to the need for the city response under
this chapter.
B. The City of Palm Desert may also collect the fees assessed against the owner of
the property as provided in chapter 8.20.11.
SECTION 2.
This ordinance complies with the "City of Palm Desert Procedure for Implementation of
California Environmental Quality Act, Resolution No. 02-60", in that pursuant to Section 3.07,
the ordinance is exempt because there is no possibility that the adoption of the ordinance will
have any significant negative effect on the environment.
SECTION 3.
The City Clerk of the City of Palm Desert, Califomia, is hereby directed to publish this
ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the
City of Palm Desert, Califomia, and shall be in full force and effective thirty (30) days after its
adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of
, 2007, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD S. KELLY, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Cleric
City of Palm Desert, California
- 8 -
RMRUS�F.R W IM288556.I
ORDINANCE NO. 1150
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING CHAPTER 5.100
RELATED TO ENTERTAINMENT PERMITS IN SAID CITY
The City Council of the City of Palm Desert, California does hereby ordain as
follows:
SECTION 1.
That Chapter 5.100 Entertainment Permits be and the same is hereby added to the
Code of the City of Palm Desert, California to read as follows:
CHAPTER 5.100
ENTERTAINMENT PERMITS
5.100.010 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. "Entertainer" means any person who engages in or performs live entertainment,
whether or not an employee of, or independent contractor for, a night club.
B. "Entertainment" means any and every form of live entertainment, performance
show, pageant, or act, including, but not limited to, all forms of live music, singing, live
disc-jockey-hosted music, karaoke sing-alongs, concerts, performance of a play, act,
scene, sketch, burlesque, revue, pantomime, billiards or pool, dancing including, but not
limited to dancing by patrons, floor show, dramatic or poetic reading, performance art,
physical demonstrations, fashion shows or modeling, any combination of the
aforementioned, or any other act or exhibition in which one or more persons perform or
participate for the purpose of entertaining, amusing, arousing, or otherwise diverting and
gaining the attention of patrons, guests, or invitees at a night club or a business
establishment providing entertainment.
C. "Night club" means any business establishment as defined by Section 25.04.572
that is open after 10 p.m. which provides for the on-site consumption of food or alcoholic
beverages with entertainment which includes, but is not limited to, music, dancing,
comedy and karaoke.
RMBUS�DER W IM288537.1
ORDINANCE NO. 1150
5.100.020 Permit required.
A. Except as may be provided in Section 5.100.030 [Exceptions] of this chapter, it is
unfawfu(for any person or entity to present, furnish, feature, or otherwise alfow
entertainment at any night club or business establishment which the person or entity
owns, operates, controls or manages, without first obtaining a permit as required under
this chapter.
B. An entertainment permit is required where entertainment is to be presented,
furnished, or featured on an ongoing basis or during five (5) or more days in one six (6)
month period. Where entertainment is to be presented, furnished, or featured on a
temporary basis during four (4) or fewer days during any six (6) month period, a
temporary entertainment permit is required.
C. A Special event temporary entertainment permit is required when a night club or
business that provides entertainment desires to have an event which may or may not be
marketed and is not provided during the normal course of the business or entertainment
permit previously issued. Such events include, but are not limited to, concerts, radio or
television station promotions, talent or pagent shows, special appearances by
celebrities, dance or performance exhibitions.
D. City Manager shall designate a city employee as Administrator to implement the
provisions of this Chapter.
5.100.030 Exceptions.
A. The provisions of this chapter shall not be deemed to require an entertainment
permit for any of the following:
B. Personal use of a radio, compact disc player, juke box or other form of recorded
music or spoken word, not presented by a live disc jockey, master of ceremonies, event
coordinator or other types of live announcer.
C. Entertainment provided to homeowners groups and associations that is
presented exclusively at facilities owned, operated and controlled by a homeowner's
association or community association duly qualified as such under the Internal Revenue
Code.
D. The use and playing of a single piano or other single acoustic musical instrument
to provide backg�ound music.
E. Entertainment that qualifies as an adult oriented business shall not be subject to
the provisions of this chapter but, instead, shall be subject to the provisions of Chapters
5.89.
- 2 -
RMBUS\DERWIM288537 I
ORDINANCE NO. 1150
5.100.040 Duration and renewal of permits
A. Each entertainment permit shall expire twelve (12) months from and after the
date of its issuance, unless the applicant requests that the peRnit be renewed pursuant
to this section and the Administrator approves the renewal pursuant to subsection C of
this section. Each entertainment permit shall bear the expiration date upon its face.
B. Applicants requesting renewal of their permit shall file a written application for
renewal with the Administrator ninety (90) days prior to the expiration date of their
peRnit. The applicant shall pay the fee required by Section 5.100.060 [Fee] of this
chapter concurrent with filing the application. The application shall provide true, correct,
and accurate information addressing each of the items specified in subsection "C "of
this section.
C. Upon receipt of a written application for renewal, the Administrator shall, within
thirty (30) days, complete an investigation conceming the application and issue written
notice to the applicant of the approval or denial of the request. Notice shall be served
as provided in Section 5.100.130 (Written Notices� of this chapter. The request shal� be
approved if the Administrator determines all of the following:
1. The night club or business is currently in compliance with the terms of its
permit and the requirements of this chapter;
2. The night club or business has operated in substantial compfiance with the
terms of its permit and this chapter within the previous year;
3. The night club or business has not had its permit revoked during the
twelve (12) months. A single permit suspension shall not be grounds for denial of the
application for renewal, provided the night club timely corrected the default as provided
in this chapter. Two (2) or more suspensions during any finrelve (12) month period shall
be grounds for denying the application for renewal.
4. The night club or business has not been the site of three (3) or more
verified Police and/or Code Enforcement reports of disorderly conduct, disturbances of
the peace, arrests, or other conduct injurious or haRnful to the public health, safety, and
welfare that could deem the establishment a public nuisance.
D. In the event the Administrator denies the application for renewal, the
Administrator shall provide written notice of the denial to the applicant as provided in
� Section 5.100.130 ['tinrritten Notices] of this chapter. The applicant may appeal the
decision as provided in Section 5.100.120 [Appeals] of this chapter.
5.100.050 Application requirements.
A. Any person or entity desiring to obtain an entertainment permit shall file a written
application with the Administrator or his or her designee. Applications must be
accompanied by the fee authorized under Section 5.100.060 [Permit Fee] of this
chapter.
- 3 -
RMBUS�DER W IM288537.1
ORDINANCE NO. 1150
B. Each application for an entertainment permit shall be signed under penalty of
perjury verifying the truth, correctness, and accuracy of all facts and information
contained in the application to the best of the applicant's knowledge. Each application
shall contain the following information:
1. Premises Location. The street address of the premises for which the
permit is required, together with the business name of the night club.
2. Applicant. The name and permanent address of applicant, and of the
owner and operator or the night club, if different than the applicant. Street addresses
must be provided; post office boxes are not sufficient. If the applicant is a corporation,
limited liability company, limited liability partnership, general or limited partnership or
other form of business entity other than a sole proprietorship the name of the business
entity shall be set forth exactly as shown in its articles of incorporation or formation
document, together with the names and residence addresses of each of its officers,
directors, managing members, and/or general partners and each stockholder, member,
or limited partner holding more than five (5) percent of the stock of or interest in the
business entity, along with the amount of stock or interest held. If one or more of the
partners or members is a corporation, the information required herein for the applicant
shall also be required for such partners or members. The application shall be signed by
the individual who is and shall be responsible for all actions, omissions, and conduct of
the applicant licensee.
3. Description of Business. A detailed description of the nature of the
business or commercial enterprise to be conducted.
4. Site Plan. A site plan or other diagram clearly depicting the layout and
configuration of the premises including the parking and relative location of all features
and fixtures. For the purposes of this section, "features and fixtures" include, but is not
limited to, all entrances/exits, windows, entertainment areas, stages, individual viewing
booths, dressing rooms, bathrooms, banquet rooms, and other rooms, tables, booths,
furniture, bars, kitchens, and other food or beverage preparation areas.
5. Description of the Entertainment. A detailed description of the nature and
type of the proposed entertainment, including the number of performers or participants
to be involved.
6. Area of Entertainment. A statement describing the area within or on the
premises where entertainment is to be performed and observed with reference to the
site plan or diagram.
7. Status of Entertainers. A statement as to whether entertainers are to be
employees of the night club or business, including the applicant, owner, or operator, or
whether entertainers are to be independent contractors. A statement as to whether
entertainers are to be employed or utilized in food or beverage service, merchandise
sales, or other non-entertainment related activity.
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8. Description of Food and Beverage Service. A detailed description of the
food and beverage service, if any, that will be offered to patrons. If alcoholic beverages
are to be offered for sale and served on the premises, then a copy of a liquor license
shall be submitted to the City.
9. Hours. The dates and hours during which the proposed entertainment is
desired to be conducted, and the admission fee, if any, to be charged.
10. Minors. A statement as to whether minors will be permitted upon the
premises during entertainment and, if so, during which hours.
11. Managers. The name(s) of the person(s) responsible for the operation,
management, and supervision of the night club or business and of the entertainment.
12. If the applicant is not the owner of the property proposed as the location
for the night club, the applicant shall submit a notarized statement signed by the
property owner consenting to the operation of the night club at the location by the
applicant and a copy of the lease between the property owner and the applicant for the
entertainment permit.
13. Prior Licenses. A statement as to whether the applicant, owner, or any
person to be responsible for the operation, management, and supervision of the night
club or entertainment has, within the past five (5) years, had any permit or license
issued in conjunction with the sale of alcohol or provision of entertainment and whether
during that period the permit or license was suspended or revoked. If so, then the
application shall provide the name of the issuing agency and an explanation of the
suspension or revocation.
14. Compliance with Requirements. A detailed description of how the project
complies with each of the requirements set forth in Section 5.100.080 [Approval or
Denial] of this chapter, and a detailed description of how the applicant, owner, or
operator will ensure that the ongoing operation of the night club or business will comply
with Section 5.100.090 [Operating Standards] of this chapter.
15. Necessary Information. Such other information as may be requested by the
Administrator or his/her designee that is reasonably necessary to determine whether the
application meets the criteria for approval or denial as provided in Section 5.100.080(C)
[Approval or DenialJ of this chapter.
16. Permit Fee. Each application shall be submitted with the "permit fee"
required under Section 5.100.060 [Permit FeeJ of this chapter.
5.100.060 Permit fee.
The initial application fee, the annual application for renewal fee, and all appeal fees for
a permit shall be set by resolution of the City Council.
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5.100.070 Review and investigation.
A. Within ten (10) days after receipt of an application for a permit under this chapter,
the Administrator or his or her designee shaN determine whether the application is
complete or incomplete. If the application is deemed incomplete, then the Administrator
shall cause written notice to be mailed to the applicant specifying the insufficiencies. If
and when the application is deemed complete, then the Administrator shall initiate and
complete, within thirty (30) days of the determination, a review and investigation to
deteRnine whether the night club or business establishment and their proposed
entertainment is in compliance with the provisions of this chapter.
B. If the information provided in the application demonstrates that the entertainment
will qualify the business as an adutt—oriented business, then, prior to deeming the
application complete, the Administrator shall cause written notice to be mailed to the
applicant of this fact, requesting that the applicant withdraw the application for a night
club and, instead, submit an application for such licenses and approvals as may be
required under Chapters 5.89 of this Code. At applicant's election, any fee submitted by
the applicant with the application for the entertainment permit shall either be applied to
the new application, or returned to the applicant.
5.100.080 Application requirements.
A. Within five (5) days after completing the review and investigation required under
Section 5.100.070 [Review and InvestigationJ of this chapter, the Administrator shall
approve or deny the application for an entertainment permit. The decision of the
Administrator shall be final unless appealed in accordance with Section 5.100.120
[Appeals] of this chapter. The Administrator shall approve the application and grant an
entertainment permit if the proposal meets all of the requirements set forth in subsection
(C) of this section. The Administrator shall deny the application if the project fails to
meet all of the requirements set forth in subsection (C) of this section.
B. Promptly upon deciding to approve or deny the application, the Administrator
shall serve written notice of the decision upon the applicant pursuant to Section
5.100.130 [NoticesJ of this chapter. If the application has been denied, the notice shall
specifically state the reasons for the denial.
C. In order to be approved, projects must meet all of the following requirements:
1. Operating requirements. The night club or business and the
entertainment to be presented, fumished, or featured at the premises shall meet the
requirements stated in Section 5.100.090 [Operating Requirements] of this chapter.
2. Zoning. The night club or business fully complies with the Zoning
Ordinances of the City.
3. Occupancy. The maximum limit of the premises is in compliance with afl
applicable building, plumbing, electrical, fire, health and safety Codes.
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4. Structure. The premises is in compliance with all applicable building,
plumbing, electrical, fire and health and safety codes.
5. Disabled Access. The premises, including all areas open to patrons or the
public thereat, shall provide access to each person with a disability in compliance with
the requirements of the Americans with Disabilities Act [40 U.S.C. § 12191 et seq.].
6. Noise. The premises shall be improved with sufficient sound absorbing
insulation so that noise generated inside the establishment shall not be audible in such
a manner to violate the noise ordinance of the City of Palm Desert.
7. Signs. All signage for the night club shall conform to the standards set
forth in Palm Desert Code.
8. Public Nuisance. The record does not contain substantial evidence
demonstrating that the use proposed in the application would be contrary to the public
health, safety, and welfare such that the use would constitute a public nuisance.
9. Factually Correct. The facts and information presented in the application
are true, correct, and accurate to the best of the applicants' knowledge and the
applicant has not made any false, misleading, or fraudulent statement of a material fact
in the application.
D. Any existing night club or business establishment legally in operation on the
effective date of this Ordinance shall have ninety (90) days to comply with this chapter.
5.100.090 Operating requirements.
All night cfubs shall comply with the following municipal requirements. (A conditional
use permit for the night club use may add additional or more restrictive conditions.)
A. Hours. The night club establishment shall not operate or be open between the
hours of two a.m. and seven a.m.
B. Doors. During entertainment performances, night club or business shall keep all
doors and windows closed, but unlocked.
C. On-site Manager. The night club or business shall have a manager on-site at all
times during the operating hours of the establishment. The manager shall be charged
with keeping the peace within the establishment and enforcing compliance by patrons
and entertainers with the requirements of this chapter.
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ORDINANCE NO. 1150
D. Security Guards. The following provisions concerning security guards apply:
1. If the occupancy timit of the night club or business exceeds fifty (50), then
the establishment shall provide, at a minimum, the following number of security guards.
The Administrator may require additional security guards or police officers if there is a
pattern of disorderly and unlawful conduct at the night club.
Occupancy Capacity Number of
Security Guards
51-200 2
201-350 3
351-500 4
over 500 TBD
When the Administrator requires police officers, there shall be a police services fee paid
in advance by the applicant. Such police services fee shall include the anticipated
personnel costs at an hourly rate established from time to time by the Sheriff.
Security guards shall wear a uniform clearly designating them as security
personnel. During all hours of operation, the security guards shall patrol the grounds
and parking area and at least one (1) security guard shall be on duty inside the
premises. Security guards shall be charged with keeping the peace, removing
disorderly or intoxicated patrons, preventing violations of the law, and enforcing patrons'
compliance with the requirements of this chapter. No security guard shall act as a door
monitor, ticket seller, ticket taker, parking attendant, or valet. The Administrator may
require the night club or business to provide additional security guards, or to provide
parlcing attendants, in the event that the premises has a capacity of more than five
hundred (500) occupants, or if there are verified reports of disorderly conduct,
disturbances of the peace, or arrests on the premises or in connection with the night
club.
3. The applicant may request a variance to waive the requirement for, or
reduce the number of, security guards. The Administrator shall consider the request
and grant the request if, based on substantial evidence, the following findings can be
made:
a. There have been no instances of disorderly conduct, or arrests of
patrons, on or near the premises or within the preceding finrelve (12) months.
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ORDINANCE NO. 1150
b. Reducing the number of, or waiving the requirement for, security
guards will not in any way substantially jeopardize, adversely affect, endanger or
otherwise constitute a menace to the public health, safety, and welfare.
c. The security officers must be employees of a State of California
licensed private patrol operator, not employees of the night club. The security officers
shall comply with the requirements of California Business 8� Professions Code Section
7582.226(� which requires that security officers wear a distinctive uniform, with a patch
on each shoulder reading "private security", containing the name of private security
company for which the guards are employed. The security officer shall possess their
permanent guard card permit at all times with photo identifications and present them to
law enforcement personnel upon request.
d. The secur'rty officers shall possess walkie-talkie finro-way
communication devices so that they are in consta�t communication with one another.
At least one security officer shall be posted at the front door and shall be responsible for
screening every person who enters the premise. The security officer shall ensure no
loitering occurs in front of the location, or in any other location, under the control of the
applicant. Security officers shall be responsible for requesting individual loitering to
leave the area.
e. A security officer shall not double in his or her duties as managers
or any other capacity other than that of security officers. The security officer shall be
responsible for enforcement of applicable conditions. The security officers shall
cooperate with any law enforcement official conducting o�cial duties. The security
officers shall be made completely familiar with these conditions and implement them as
necessary.
f. Intoxicated Persons. No person who is intoxicated or under the
influence of drugs shall be allowed to enter or remain on the premises, whether as a
patron or entertainer.
g. Inspections. The applicant, owners, or operator of the night club
shall allow peace officers, code enfo�cement officers, health inspectors, building
inspectors, and other designated state, county, or City personnel to conduct inspections
of the premise.
h. Litter. Night club or business operator shall be responsible for
maintaining free of litter the area adjacent to the premises over which he or she has
control, and any parking lot or structure to be used specifically by patrons of the
premises. Litter shall be removed daily.
i. Graffiti. Night club or business operator shall be responsible for
maintaining free of graffiti the area adjacent to the premises over which he or she may
have control and any parking Iot or structure used specifically by patrons of the
premises. All graffiti shall be removed or painted over the match the color of the surface
to which it is applied within 24 hours of its occurrence.
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ORDINANCE NO. 1150
j. Insurance. It may be a condition of the issuance and continued
validity of any permit granted pursuant to this chapter that the permittee first take out,
pay for and maintain a policy of general liability insurance which insures the City, its
officers and employees against any liability, or claims of liability, brought or made by or
on behalf of any person for personal injury or property damage caused by or arising out
of the condition of any negligent act or omission of either the permittee, his agents or
employees, including any officers or employees of the City, or caused by or arising out
of the condition of any City-owned or controlled property, whether real or personal, and
occurring during the period and as a result of the activities for which the permit was
issued. The amount of coverage to be provided by such policy shall not be less than
one million dollars ($1,000,000.00) single limit; provided, however, that the
Administrator shall have the authority to require higher limits if, in his or her opinion, and
discretion, the type of activity thus permitted warrants greater risk protection. It shall be
peRnissible in the type of activity thus permitted warrants greater risk protection. It shall
be permissible in satisfaction of the requirement imposed by this subsection that the
permittee cause the issuance of a certificate of issuance, for at least the required
amount of coverage, which indicates that, by endorsement thereto, the City, its officers
and employees have been added as additional insureds.
k Indemnity. It shall be a condition of the issuance of any permit
granted pursuant to this chapter that the permittee shall agree to indemnify, defend and
to hold the City, its officers and employees, harmless from any and all claims and
liability of any kind whatsoever resulting from or arising out of the night club or business
and issuance of such permit by the City.
I. Occupancy. The maximum occupancy limit of the premises shall
comply with all applicable building, plumbing electrical, fire, health, and safety codes.
m. Structure. The premises shall comply with all applicable building,
plumbing, electrical, fire, and health and safety codes.
n. Disabled Access. The premises, including all areas open to
patrons or the public thereat, shall provide acr.ess to each person with a disability in
compliance with the requirements of the Americans with Disabilities Act (40 U.S.C. §
12101 et seq.), as amended from time to time.
o. Noise. The night club or business establishment shall comply with
City noise standards.
p. Parking. The night club shall provide parking in accordance with
requirements of the Administrator.
5.100.100 Non-transferability of permit
No permit issued under this chapter shall be sold, assigned, or otherwise transferred by
any permit holder or by operation of law to any other person(s) or entity(ies) or to any
other premises or location. Any sale, assignment, or transfer or attempt to sell, assign,
or transfer shall render the peRnit null and void.
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5.100.110 Suspension/revocation of permit
A. An entertainment permit may be suspended, pending completion of remedial
measures and/or a revocation hearing, if the Administrator has reasonable cause to
determine that any of the events set forth in subsection (C) of this section has occurred.
The Administrator shall serve written notice of the suspension as provided in the
Section 5.100.130 [Written Notice] of this chapter. The notice shall specify the reason
for suspension, require the applicant, owner, or operator to take and complete remedial
measures removing the default within ten (10) days, and stating a date for the applicant,
owner, or operator to appear before the City Manager or a designated hearing officer to
show cause why the entertainment permit should not be revoked.
B. The following definitions shall apply to this section:
1. As used in this section, "Reasonable Cause" means observations,
information or other evidence presented as the result of an inspection by any peace
officer, code enforcement o�ce, or other officer whose responsibility is to uphold and
enforce the laws and rules of the City, the State, or the United States, or facts presented
in a verified statement by a person having personal knowledge of those facts.
2. As used in this section, "Remedial Measures" means actions necessary or
required to correct, resolve, fix, or otherwise remedy a violation of this chapter.
C. Any one of the following shall be grounds for suspension of an entertainment
permit:
1. Failure to comply with the terms of the permit;
2. Failure to comply with the requirements of this chapter, specifically
Sections 5.100.080 (Approval or Denial] or 5.100.090 [Operating Conditions];
3. More than two (2) verified reports of a disturbance of the peace, disorderly
conduct, or arrests within any six (6) month period;
4. The night club or business establishment has provided entertainment or
othen�vise operating in a manner that qualifies the business as an adult-oriented
business under Chapter 5.89; or
5. Conviction of any applicant, owner, operator, manager or the entertainer
for conduct engaged in, at, or relating to, the night club or business establishment.
D. The applicant, owner, or operator shall immediately undertake measures to
remedy the noted default and shall notify the Administrator in writing of the
commencement, nature, and completion of these measures.
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ORDINANCE NO. 1150
E. Upon suspending any entertainment permit, the Administrator shall notice a
hearing before the City Manager or a designated hearing officer within thirty (30) days of
the suspension at which the City Manager/Hearing Officer shall consider whether to
cancel the suspension, continue the suspension pending Remedial Measures, or revoke
the permit. The City Manager may hear the matter or assign it to a hearing officer (for
purposes of this section, the term hearing officer shall mean the city manager or a
hearing officer appointed by the city manager). The City Manager's determination shall
be made in accordance with the procedures set forth in Section 5.100.120 [Appeals].
The City Manager may revoke the permit if any of the following are determined:
1. The applicant, owner, or operator of the night club or business
establishment has failed to commence and complete Remedial Measures;
2. The entertainment permit has been suspended at least two (2) times
during the previous six (6) months;
3. More than two (2) verified Police and/or Code Enforcement reports of a
disturbance of the peace, disorderly conduct, or arrests have occurred at the night club
within any six (6) month period;
4. The night club or business establishment has provided entertainment or
othervvise operated in a manner that qual�es the establishment as an adult-oriented
business under Chapter 5.89 of this Code;
5. Conviction of any applicant, owner, operator, manager or entertainer for
conduct engaged in, at, or relating to, the night club or business establishment; or
6. The night club or business establishment is being operated in such a
manner as to cause a significant risk of injury or harm to the public heafth, safety, or
welfare such that the business constitutes a public nuisance.
F. The City Manager, should there be a determination by the City Manager of an
immediate need because of pending threats to public health safety or welfare of the
citizens of the City of Palm Desert may cause the immediate revocation of said permit.
5.100.120 Appeals.
A. In the event that an application for a license or renewal thereof is denied, written
notice of the denial shall be given within ten (10) business days to the applicant,
specifying the ground(s) of the denial and a description of the hearing rights provided by
subsection B of this section. Notice of denial of the application may be personally
served or served by first-class postage prepaid and addressed to the applicant at the
address set forth in the application. Mailed notice shall be deemed received three (3)
days after mailing.
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ORDINANCE NO. 1150
B. If the appiication for an ente�tainment permit is approved or deemed approved by
the Administrator' action or failure to act, such action or inaction may be appealed by
any aggrieved party by filing a notice of appeal with the Administrator within fifteen (15)
days of the date of the application's approval, and shall be subject to the time limits of
this section.
C. The decision of the Administrator may be appealed to the City Manager by filing
a written notice requesting a hearing within ten (10) days of service of the decision of
the Administrator. The City Manager may hear the appeal or assign it to a hearing
officer (for purposes of this section, the term hearing officer shall mean the City
Manager or a hearing officer appointed by the City Manager).
1. The hearing shall be conducted within forty-five (45) days of the request;
2. The hearing officer shall conduct the hearing under such rules of
procedure as are appropriate to quasi judicial proceedings, provided that the
applicanY/licensee and the City shall be entitled to present relevant evidence, testify
under oath, and call witnesses who shall testify under oath. The hearing officer shall
not be bound by the statutory rules of evidence in the hearing, except that hearsay
evidence may not be the sole basis for the determination of the hearing officer. The
City shall have the initial burden of proof. The hearing officer shall cause a transcript of
the hearing to be prepared.
3. At the conctusion of the hearing, the hearing officer shall decide whether
the grounds for denial, suspension, revocation or non-renewal exist. Within ten (10)
days after the conclusion of the hearing, the hearing officer shall file with the City Clerk,
together with the transcript of the hearing, a written decision, supported by written
findings based on the evidence submitted, and a statement of his/her order. A copy of
such decision shall be forwarded by certified mail, postage prepaid, to the affected
party(ies) on the day it is filed with the City Clerk. The decision of the hearing officer
shall beoome final and effective three (3) days after its mailing to the affected party(ies),
unless a timely petition is filed as p�ovided in subsection D of this section.
D. The applicant or any aggrieved party may petition the City Council for review of
the decision of the hearing officer by the filing of a written petition with the City Clerk
within fifteen (15) days following the day of mailing of the hearing officer's decision and
paying the fee for appeals provided under this Code. All such petitions shall be filed
with the City Clerk and shall be public records. The City Council shall, at a duly noticed
meeting within thirty (30) days from the date the written petition was filed, consider the
petition, including at its discretion the transcript of the hearing and any oral or written
arguments which may be offered to the City Council by the appellant and respondent.
No additional testimony or other evidence shall be received or considered by the City
Council. At the conclusion of the review, a majority of the City Council members
present shall in its discretion grant or deny review. If review is granted, the City Council
may decide to sustain the decision, modify the decision, or order the decision stricken
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ORDINANCE NO. 1150
and issue such order as the City Council finds is supported by the entire record. The
action of the City Council shall be final and conclusive, shall be rendered in writing
within ten (10) days, and such written decision shall be immediately mailed or delivered
to the appellant(sj and there shall be no additional right of appeal or reconsideration.
E. Notwithstanding any provisions in this chapter regarding the occurrence of any
action within a specified period of time, the licensee/applicant may request additional
time beyond that provided or may request a continuance regarding any decision or
consideration by the City of the pending appeal. Extensions of time sought by
applicants shall not be considered delay on the part of the City or constitute failure by
the City to provide for prompt decisions on applications.
5.100.130 Written notices.
All notices, the service of which is required under this chapter, shall be in writing,
addressed to the applicant or other person specified in the application or permit, and
served to the address specified in the applicant or permit. Each notice shall be either
personally served or served by deposit in the United States mail, first class, postage
prepaid. Service shall be deemed complete upon personal service or deposit in the
United States mail.
5.100.140 Violation of chapter.
A. It is unlawful fo� any pe�son or entity to violate any provision or to fail to comply
with any of the requirements of this chapter. Any person or entity violating any provision
of this chapter, or failure to comply with any of its requirements, shall be subject to the
penalties provided in Section 1.12.010 of this Code.
B. Each person, firm, partnership, or corporation shall be deemed guilty of a
separate offense for each and every day, or any portion thereof, during which any
violation of or failure to comply with any of the provisions of this chapter is committed,
continued or permitted by such person, firm, partnership, or corporation, and each
instance shall be deemed punishable a provided in this chapter.
C. The provisions of this chapter shall not be construed as permitting conduct not
prescribed herein and shall not affect the enforceability of any other applicable
provisions of law.
Any existing night club or business establishment legally in operation on the effective
date of this Ordinance shall have ninety (90) days to comply with this chapter.
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ORDINANCE NO. 1150
SECTION 2.
This ordinance complies with the "City of Palm Desert Procedure for
Implementation of California Environmental Quality Act, Resolution No. 02-60", in that
pursuant to Section 3.07, the ordinance is exempt because there is no possibility that
the adoption of the ordinance will have any significant negative effect on the
environment.
SECTION 3.
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in the Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California, and shall be in full force and effective
thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day
of , 2007, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD S. KELLY, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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PRELIMlNARY MINUTES
PUBLIC SAFETY COMMISSION SEPTEMBER 12, 2007
F. Business District Team Report —August 2007
Commissioner Larsh moved to, by Minute Motion, receive and file the Business
District Team Report for August 2007. Motion was seconded by Commissioner Nethery
and carried by a 4-0 vote, with Chairman Butzbach ABSENT.
. G. Consideration of Palm Desert Municipal Code Chapters 9.24 (Noise
� Control) and 9.25 (Multiple Responses to Loud Parties and
� Gatherings)
�
The following is a verbatim transcript of this portion of the Minutes:
�
DJE David J. Erwin, City Attorney
MN Commissioner Martin Nethery
SRG Sheila R. Gilligan, ACM/Community Services Division
GK Vice Chair Gloria Kirkwood
JL Commissioner James Larsh
DJE I would apologize to the Commission. That report, the draft of it, did not get
done...the ordinance. So the Commission knows what we're doing, currently our
ordinance provides, as it relates to noise, utilization of sound measurement
machines and equipment. We're finding that that may not be the best way to
accomplish that regulation. Many of the cities in California are going to another
type of ordinance, which is basically that that disturbs a reasonable person...that
is prolonged...more the nuisance type area as opposed to a technical
measurement. The technical measurement many times gets challenged whether
the operator of the equipment is trained, whether they've had the proper training
with the equipment, if the equipment is properly calibrated, and what the other
surrounding noise may be in the area. What the staff has done is put together
another ordinance, and we had some discussion ongoing at the staff level, and
it's kind of been passed to me to potentially put two parts together, if you will.
We have in our existing ordinances some regulations that deal with sound
measurement as it relates to pool equipment, it already exists in other parts of
our ordinance. In other words, the pool equipment has to be below a certain
decibel level, within a certain number of feet. And the same type of
measurement is required with regard to leaf and dust blowers. lt refers to a
decibel level as well. As opposed to changing those, what I'm doing is putting
together a draft which has the utilization of the sound equipment, leaving it for
utilization with the swimming pool equipment and the leaf blowers, and also
adding to that potentially, depending on what this Commission and the Council
might say, its utilization for stationary sound sources such as a well site,
4
PRELIMINARY MINUTES
PUBLIC SAFETY COMMISSION SEPTEMBER 12, 2007
something of that nature as opposed to using the other type of noise ordinance.
But putting the two together has become a task. I hope to have that done this
next week and get that ordinance to you so that you can review the draft.
RL Dave, would that...would your work in that area also apply to places such as
those that have been a problem in the City of Palm Springs and other cities
relating to night clubs and entertainment with respect to sound and decibel levels
within a certain area?
DJE It would apply.
RL Or even out on EI Paseo?
DJE The entertainment type venues would be regulated by the other one, not the
sound measuring devices.
RL But there would be a sound element in that one also?
DJE There is a sound element in it.
RL Very good.
MN Has this new approach, which is...
DJE Apparently, iYs not new, Marty, in a lot of cities in California.
MN Well, has it been tested for vagueness and constitutionality?
DJE Yes, it has.
MN It's passed muster?
DJE Yes.
MN Then, it sounds great because...
DJE And hopefully it will be one that will have less ability to be challenged.
MN Yes.
RL I noticed on this item on the Agenda, it also indicates multiple responses to loud
parties and gatherings.
DJE That ordinance basically sets some penalties, some notification on the first
response, and then some relatively elevated penalties for second responses. I
5
PRELIMINARY MINUTES
PUBLIC SAFETY COMMISSION SEPTEMBER 12, 2007
think you will be happy...it really is addressed to loud parties that continue even
after warnings.
MN Has the Police Department had some input into that, since obviously they are the
ones that are going to be enforcing it.
DJE Yes, they have.
SRG We received direction from the City Council this spring. The City is growing, the
business community is (inaudible) as we grow, and these were areas that
Council felt we needed to address. We've had the City Attorney's office, the
Police Department, our Code Enforcement (Hart Ponder and Pedro) who are out
there doing the work all the time and had great input into it. And Lauri Aylaian,
our Planning Director, assumed this responsibility and has done a yeoman's job
moving it forward. We told the Council we would have it back to them in the fall
with comments from Public Safety, and these two ordinances are before you as a
result of that.
RL If I might add to the research and materials...l'm sure you have a (inaudible),
David, I have a chapter from another municipal code related to cost recovery for
police services at large parties on private properties...
DJE I'd like to see that.
RL ...where they have multiple activities.
DJE Okay. I have a couple of them like that, but any more are welcome.
DK Is there any action that you're requiring?
SRG I would suggest that you have a motion to continue this to your next meeting.
DJE Continue it to the next meeting if you would please.
GK Okay, do we have a motion?
MN So moved.
RL Second.
JL Second.
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PUBLIC SAFETY COMMISSION SEPTEMBER 12, 2007
GK All in favor...aye
JL Aye
RL Aye
MN Aye
H. Consideration of Palm Desert Municipal Code Chapter 5.100
Relative to Entertainment Permits
The following is a verbatim transcript of this portion of the Minutes:
�
JL Commissioner James Larsh
SRG Sheila R. Gilligan, ACM/Community Services Division
GK Vice Chair Gloria Kirkwood
DJE David J. Erwin, City Attorney
RL Commissioner Rick Lebel
MN Commissioner Martin Nethery
FT Lt. Frank Taylor, Palm Desert Police Department
LA Lauri Aylaian, Planning Director
CF Councilmember Findy Finerty
JL We are going to get the entertainment ordinance, correct?
GK Correct
SRG You have that in front of you, I believe.
GK H is Consideration of Palm Desert Municipal Code Chapgter 5.100 Relative to
Entertainment Permits...ltem I in your packets. City Attorney...Mr. Erwin.
DJE This is also something that went through much the same process as the Noise
Ordinance. I got this one finished a little quicker than the other. We initially
started off with the idea of regulating nightclubs and then basically felt that we
really ought to be regulating entertainment because the definition of nightclub
usually is relatively limited, and we do have a lot of other sources of
entertainment which do create noise, do create traffic, other than nightclubs. And
that's what this ordinance is designed to attempt to regulate, at least to manage,
if you will, by requiring...and staff didn't do this, but I changed it a little bit. An
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PUBLIC SAFETY COMMISSION SEPTEMBER 12, 2007
GK All in favor...aye
JL Aye
RL Aye
MN Aye
H. Consideration of Palm Desert Municipal Code Chapter 5.100
Relative to Entertainment Permits
The following is a verbatim transcript of this portion of the Minutes:
�
JL Commissioner James Larsh
SRG Sheila R. Gilligan, ACM/Community Services Division
GK Vice Chair Gloria Kirkwood
DJE David J. Erwin, City Attorney
RL Commissioner Rick Lebel
MN Commissioner Martin Nethery
FT Lt. Frank Taylor, Palm Desert Police Department
LA Lauri Aylaian, Planning Director
CF Councilmember Findy Finerty
JL We are going to get the entertainment ordinance, correct?
GK Correct
SRG You have that in front of you, I believe.
GK H is Consideration of Palm Desert Municipal Code Chapgter 5.100 Relative to
Entertainment Permits...Item I in your packets. City Attorney...Mr. Erwin.
DJE This is also something that went through much the same process as the Noise
Ordinance. I got this one finished a little quicker than the other. We initially
started off with the idea of regulating nightclubs and then basically felt that we
really ought to be regulating entertainment because the definition of nightclub
usually is relatively limited, and we do have a lot of other sources of
entertainment which do create noise, do create traffic, other than nightclubs. And
that's what this ordinance is designed to attempt to regulate, at least to manage,
if you will, by requiring...and staff didn't do this, but I changed it a little bit. An
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PUBLIC SAFETY COMMISSION SEPTEMBER 12, 2007
entertainmsnt permit is required. It is not a Conditional Use Permit. This is
basically a staff function. It can be appealed to the Planning Commission and
the Council, but it starts off as a staff function with an entertainment permit. That
is for any business, nightclub or otherwise, where entertainment is going to be
furnished on an ongoing basis for five or more days in a six-month period. That's
not very many.
RL I like that concept.
DJE And for (ess than five days...actually we didn't, rnitially, at staff level, provrde any
sort of permit. I've added in a temporary permit for those because I can see
businesses that don't ordinarily entertain, and I hate to use an example, but a
tattoo parlor. They were going to have the motorcycle group in a parking lot at
Presidents Plaza with a dj and stuff like that. So I've added a temporary
entertainment permit.
RL IYs a one-time event...intended as a one-time event?
DJE Yes. And they would have been excepted under this. And I thought maybe we
shou(d not have that. But the basic ordinance goes into some detar� about what
has to be provided, and it does go through staff and the Police Department in the
permitting process. There are a number of other regulatory items in here. There
are requirements for, depending upon the issuance of the permit, security
guards.
RL Or Police officers.
DJE Or Police officers, yes. And that is the staff's determination. It can be appealed,
but they don't get a permit until it's issued, so if they want to appeal it, iYs not
issued.
RL I have a couple of questions regarding that.
DJE Sure
RL One of them comes under Section 5.100.070, review and investigation when an
applicant is applying for the permit. It indicates within ten days after receipt of an
application, the Director of Development Services, etc. or so on and so. And I
wondered...is that enough time for a background investigation of an applicant?
DJE No, that's...this is just for the determination. The staff, once an application is
received, has ten days to decide whether they want more information or not.
RL Okay
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DJE And iYs not until that ten days has run and the information requested has been
provided that the time for issuing it, which is 30 days, starts to run.
RL Okay
DJE So it's...an application must be complete before any time limit starts running.
RL So that would provide the opportunity, if it was deemed necessary, to do a
background investigation.
DJE Yes
RL On the next page, with respect to noise under Item 6, that caught my eye again
as it relates to issues we've had in Palm Desert with a couple of businesses and
issues they've had in Palm Springs many, many times. And I wondered whether
or not sufficient sound could be more adequately defined to include a certain
decibel level within a certain...
DJE We're trying to get away from the decibel level...
RL Are you?
DJE ...on the entertainment. It just...in my research of cities, it has been subject to
more challenge than the other type of regulation. And I think you will see that.
You will see the difference in it with the other ordinance when it comes in
because these kind of work together. These ordinances will work together.
RL Okay. Some of the things that come to mind are the Greek Festival that we had
in Palm Desert, that we have every year in Palm Desert., the entertainment at a
couple of our businesses on EI Paseo that have occurred. There have been
complaints from neighboring prope�ties...you know, things of that nature that I
thought might be caught in this area, unless you're catching it in the other one.
DJE We're catching it in both, hopefully.
RL Very good
MN Dave?
DJE Yes
MN Just looking at that same thing, it says the noise inside the establishment shall
not be audible anywhere on adjacent property or public rights-of-way. Well, two
things....one, it says "inside" the buildings. Some places have outside
entertainment. I'm thinking of a restaurant on EI Paseo that has outside
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PUBLIC SAFETY COMMISSION SEPTEMBER 12, 2007
entertainment and music. I live above that, and music carries at certain times of
the year but, you know, if it's off at a certain time and iYs not too loud...this would
kind of preclude that, at least by implication...outside music. And I don't
know...do we want to do that is a question. I don't know, but it's something we
need to think about. And the other one is "shall not be audible anywhere on
adjacent property or public rights-of-way." It wouldn't offend me if, you know, two
feet onto the....in a business district, finro feet onto the next property or six feet
onto the next property you can hear. I mean...audible at all...l mean, if iYs like a
whisper...it seems like a very strict standard...not audible anywhere on adjacent
property or the public right-of-way.
DJE It is strict.
MN Yeah.
DJE Okay, maybe too strict
MN It would seem iYs almost...certainly you're not going to have anybody with
outside music or with the door open when the weather is nice and the music
inside or very rarely. And I just wonder if...at least, I think that's something we
need to think about and talk about.
DJE Okay
RL On the next page, under Public Nuisance, I didn't know whether that was
adequately defined. It seems that it isn't really defined. Is it defined somewhere
else in the code?
DJE Yes, it is. Public nuisances are defined in the code.
RL Under Operating Requirements, under Hours under Operating Requirements,
was there a specific reason or rationale why the hours were selected to be open
between two a.m. and seven a.m.?
DJE I don't think there's any particular rationale.
RL In other words, the nightclub should (inaudible)
DJE (inaudible) alcohol, they have to close it.
JL The ABC dictates you close at 2.
RL No, the ABC dictates you stop serving alcohol at 2, but they could be open until 6
or 7 in the morning.
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MN So you're suggesting it ought to say that they can be open, but they shouldn't
have music (inaudible) What are you suggesting?
DJE Well, this basically says they would close.
RL But they're permitted to open at 7 in the moming?
DJE Yes
RL Why not 2 in the afternoon?
DJE Or 10 in the morning? I don't know.
RL Right, okay.
SRG On the hours, we went to several different cities...
DJE And I think this is generally the hours...
SRG ...this is the general time.
RL Is it? Alright.
MN Of course, the other thing that I think about when I read this is...there are
entertainment establishments in this valley which are not subject to State law,
and so what we do is we tell an entertainment establishment that it can't stay
open...l think it needs to be regulated...but it can't stay open after finro o'clock.
That's just going to push business to those establishments which are not
...cannot be regulated by State, County, or City government, which, you know, I
guess it only makes the monopoly better, but I'm not sure that's something we
want to do, either. I would think there would be establishments that might stay
open all night as long as the sound or the...obviously, you can't serve liquor after
2...the sound level is down. I don't know.
SRG I think too in addressing this from a Police standpoint, using one facility thaYs
entertainment oriented, if something happens there, iYs usually at that time of
day between 1 and 2, and they have been significant enough that they've taken
our whole Police Department over there at one entity. And then what happens to
the rest of the City. So in trying to work out (inaudible) regulations, we did come
up with the hours, and I'll defer to Lt. Taylor, but I think we took the Police
Department's input and tried to accommodate that the best to protect the City as
a whole.
MN Now this is a sound regulation, right?
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DJE No, this is an entertainment ordinance.
MN I'm sorry, entertainment...it's an entertainment regulation, and so what it really
says is if any business that is going to offer entertainment at any time during the
day can't be open befinreen 2 and 7. I'm not sure that follows for me, but maybe
I'm...
DJE No, this says a nightclub.
SRG Right, a nightclub
MN Oh, well it says...
DJE Nightclub is separately defined.
MN Okay, this is only nightclubs.
SRG Right
DJE This is only nightc(ubs
MN Okay, I'm with you. I didn't read it that way. Okay, I see now.
RL In that same section, Dave, under Operating Requirements, the bottom of that
page and the top of the next page, indicates occupant capacity and number of
security guards, and you had indicated previously that the Director of
Development could determine whether security guards or police officers might be
required. I would suggest consideration of a Section 1 A, if that's Section 1,
consideration of a Section 1 A , that when Police officers are specified to be on
the premises, that a Police services fee should be charged, and I have a
recommendation for that with respect to Police services fees indicating what the
fee should be, to include any costs for actual cost of inedical treatment required
by Police officers, to include repair or replacement of any property damaged, to
include the City reserving the right to seek fees in excess of a certain amount,
and also that those fees would be considered as a debt to the City, collectibie by
suit if necessary. But I have those recommendations typed up for you.
DJE Okay, great. Thank you.
RL ('m not sure if that's an appropriate hourly rate. I took the hourly rate of $75 to
include rate of salary and benefits. That might be a little low.
DJE I think it's a little low.
RL It may be.
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DJE (inaudible)
RL We may need to adjust that.
FT What usually happens on this, and I think when we have these, the time we end
up charging for events, these end up being in the realm of special events.
RL Correct
FT We charge a flat fee, which is...right now iYs running at $62.44 for each of
the...anybody who contracts with...and these are extra duty officers. They're not
pulling officers that are on patrol, but these are additional officers that are coming
in and are provided because of this event.
RL Correct
FT Part of what...in this ordinance, what it looks like is that we're able to spend
some time evaluating everything that is going on with this event and come up
with a recommendation for how many people that they're going to need and
whether it's security guards or just Police officers or a combination of them both.
And the flat rate...it keeps us consistent with all of the events that we do on a
special basis. We're doing some events in the next two weeks up on Hovley
right now because of the construction that's going on there, and we have the high
holy days at Temple Sinai that are going on, and we're doing a bunch of traffic
control over there. And we have a flat rate that we charge for those special
events. And to stay consistent all the way, we would recommend continuing that
and not change it in any way from what we normally do.
RL What I've suggested in that particular Police services fee would give the
discretion for the Department of...is it Development Services?
DJE Right, thaYs the way it's written.
RL Right, for that department to charge up front, if a person is going to have an
event, a $750 amount as kind of a "we'll hold your check until we determine what
fees might be necessary" but the fees would be a certain hourly rate and would
provide for everything such as injuries or property damage or things of that
nature.
FT Well, normally what we do on these rates is (inaudible) I assume they would
have to provide those monies up front before this event to us to contract for those
other peopie to come in.
DJE Right, we're not going to bill them.
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RL I've given Dave a couple of copies (inaudible)
MN Sounds like, though...Rick, what you're talking about is when you're asked to
help with off-duty Police officers, and this sounds like something where maybe, I
haven't read it, but this sounds like something where you're called to a problem
area, and...
RL No
MN IYs not?
RL No, this would be an up-front.
FT We've sat, and we've met a lot about this....iYs an up-front type thing. For
example, if one of the establishments that is a nightclub is...what they normally
do is they play music inside their club, whether they serve food or alcoholic
beverages or however they do that, but they just have normal music. And then
what we run into on an occasional basis is they'll have a special event that goes
on, and they'll bring in a disc jockey or an entertainer from out of town, they'll
bring a band in, they'll advertise it on every radio station, and then what ends up
happening is all of a sudden there is this huge group of people that show up at
these establishments, and it really taxes our services because as alcohol is
mixed with large numbers, the potential for violence increases. And so at certain
times in the past we've had the whole group of...the Palm Desert Police
Department is dealing with an issue at one establishment, and that really doesn't
help with the public safety for the City as a whole. And being a contract city, we
can pull some resources in from other places to help in those types of situations,
but what ends up really good about this is that up-front we can say based on our
experience and different things that have happened, we can say here is the
number of people that are needed, and then they pay up-front for those people
for this certain number of hours, and an additional group of officers would be
there and be able to deal with the event.
SRG Right now, though, we don't have any way of knowing, which this will require,
about these special events. We found out that we were getting a rapper who had
just been let out of the LA County Jail, everybody in LA was coming down...we
found out at the eleventh hour. We got the Fire Department over there for
occupancy levels, got the Police Department over there. This would make the
establishment come to us and get the permit...
RL Yes, exactly
SRG ...and then we can be proactive rather than reactive.
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RL Exactly, and that's why I introduced the concept of this other provision because it
says not only would you be liable for this, but you may be liable for these other
expenses as well. And I think the property owner should know up front.
SRG Because right now we're not recouping any of the costs.
RL Correct
LA I think...l certainly understand the concept. What I would suggest, though, rather
than inserting it in the Operating Requirements, the operating requirements are
generally for the entertainment on a day-to-day basis year-round. Dave had
provided for a temporary use entertainment permit. And I think, if I'm
understanding you correctly, thaYs what you're trying to target for the additional
cost.
RL Not necessarily, although certainly either that section of the ordinance or a
separate handout could be provided to the applicant for a temporary permit which
indicates these are potential costs you might face.
LA Part of our goal with the temporary permit is to be able to have something that
can be reviewed at a meaningful level by the Police and by the different
depa�tments so that, in Public Works and Code Compliance, so that we can
determine for this particular event what is appropriate precautions and measures
that need to be taken so that we can look at that. And that is one instance where
we wanted to be able to say it's not acceptable for you to provide your own
security guard services, and we think Police officers need to be in attendance
there, and we would be able to assign, if thaYs what the Commission is looking
for, we would be able to recoup the costs for that...
RL Right
LA ...whereas the...
RL And that's a proactive approach. I'm glad to see...
LA ...that's exactly what we would like to do. The section that we were just citing
here, though, is for...these are the operating requirements for their day-to-day
business, karaoke bars...on a year-round basis, which probably would not have
officers sent out for extra duty.
MN What I was hearing from Frank was the program where you have an ongoing
situation or even some individual, like the Greek Festival or the high holy
days....a f�at fee is just easier to deal with, and it's worked fine. And maybe this
type of an option for an unusual event, a special event, somehow you've got to
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weave it into the ordinance so that iYs available when you need it, but for every
entertainment facility you don't want to have to have this kind of situation. Right,
that's what you were...l guess both you guys were suggesting.
RL Exactly
MN That makes sense.
RL You bet. There is another section on the next page, Dave, with respect to an
item, Subsection (f) for Intoxicated Persons. That would be under Section
5.100.090, Operating Requirements....the third page over, which would be
subsection 3f, identified as Intoxicated Persons. "No person who is intoxicated or
under the influence of drug shall be allowed to enter or remain on the premises,
whether as a patron or entertainer."
MN The lead-in is the Director of Development Services shall consider the
request...waive the requirement if the following findings can be made...
RL No, right
MN Isn't that what that is, a lead-in for that? So this is the lead-in for...
RL Oh, okay, right, and then subsections under that, correct.
MN So thaYs saying, Dave, is that saying the applicant can request a waiver or
reduction of security, and it can be granted by the Director only if the Director can
make the following findings, that no intoxicated person will be allowed to enter.
DJE Has been allowed....it really should be (inaudible)
RL ThaYs going to be tough.
MN Shall be allowed, it should be...
RL That's going to be tough. But with respect to...
DJE Not necessarily. Reading the significant incident report that I get from Lt. Taylor,
it's fairly easy to see some of these things occurring. They have allowed people
that are intoxicated to be on the premises.
(inaudible)
MN So this is really a hindsight thing. A, for instance, says there have been no
instances of disorderly conduct, so what you're saying is it really should say no
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person who is intoxicated has been allowed....essentially, in the past, this guy
has a clean record, so he can ask to reduce the number of security guards...
DJE That's the idea.
MN I've got you.
DJE I need to look at the grammar. I forgot to change that.
MN That makes sense, then. If you've got a clean record and there haven't been any
incidents, maybe he can get a reduction and save some money if warranted.
DJE Correct
MN That makes sense.
RL In that respect, and with the consideration of potentially intoxicated persons in
and around the premises, I had another recommendation regarding public
consumption of alcoholic beverages and possession of any open alcoholic
beverage container. That might lead into...
DJE We may be preempted by State law.
JL Open container on the sidewalk...
?? That may be (inaudible)
DJE Regardless of whether it's State law or not, if that's occurred, then (inaudible)
JL Well, you're backed up either way.
MN We could certainly include language in there, Dave, a catch-all language, that
says there have been no prior violations of State...
DJE County or local city ordinances
MN Something like that, you know, relating to...
RL Again, I think preemptive (inaudible)
JL Right
RL Preemptive and proactive...if the person operating a person would have that
foreknowledge, that those considerations may...in providing a permit to that
person or revoking a permit.
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?? Correct
GK Any other comments?
JL I have a comment back (inaudible) back page where it says Night Club,
5.100.150 "Any existing night club or business establishment legally in effect on
the effective date of this Ordinance shall have ninety (90) days to comply with
this chapter." That means that some of these smaller places, especially along
the access road of Highway 111 that every Friday and Saturday night they have
their...and he knows what I'm talking about...their acid rock bands come in.
They're not really professional, but they make a lot of noise, and people are out
on the sidewalks and everything else. They will have to go back, even though
they've been doing it for almost two years, they'll have to go back and get that
license. Did you hear that, Frank, we can get rid of two places.
DJE The question is whether you want to wait 90 days or not. If you remember, an
ordinance process...it has to be two readings at the Council level, and if the
Council accepts it, 30 days thereafter, so....even if you started now, you're
looking at 45 days for the process before iYs effective, and then another 90 days.
RL And then 90 days.
DJE And my question is...is 90 days too long?
RL (inaudible)
GK (inaudible)
MN A lot depends on whether staff can....(laughter)...let me finish my thought.
LA I think 90 days is good because there are a number of businesses out there, and
staff is going to have to be doing a lot of research on each of these and their
applications.
RL There will be a lot.
LA It can be intensive (inaudible) I think 90 is a good number.
RL I do have a question with respect to Section 5.100.110, which relates to
suspension, revocation of a permit and that entire process. Having faced
something of this nature with the medical marijuana business situation, would
this permit a business to continue under suspension or appeal? Because it looks
like a suspension or an appellant process could linger for months.
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DJE It could, and that is (inaudible)
RL And nothing addresses whether or not a business could continue even if they've
been suspended...if the permit has been suspended, and during the appellant
process...this would provide by lack of any other condition, would provide for the
business to continue to operate.
DJE I guess there really are two types of notices that we could be thinking about
under this process. One is a suspension because there is some gross violation
of some of this, so the suspension is effective immediately in 24 hours or
something like that, subject to the right to appeal, but the permit is suspended in
the meantime.
RL Right
DJE Or if there is something such as they need to repair the doors or some other type
of problem that needs to be done, perhaps a different time limit. I can't think of
any other good example at the moment.
RL Well, if fire exit doors with panic hardware have been made inoperable because
of damage to the door, you wouldn't permit them to chain them for 30 or 45 days.
DJE That is correct. The question is should they be given time to complete those
measures, and what this says is they have ten days in which to do that. And a
question is whether the permit should be suspended in that period of time.
MN I think you'd really have to have exigent circumstances in order to have an
immediate suspension without due process, without a hearing. I think you'd
really have to have...otherwise, iYs probably not constitutional, and probably you
could run into court and get an injunction, enjoin the City, and who needs that
hassle when you're going to put somebody out of business. But I bet if you had
some kind of a showing of...l don't know if exigent or how you'd define it, but...
DJE We have to, I think, be very careful about how we do define that. I think we could
do that.
MN You know, a finding of danger to the health, welfare...something like that.
GK A safety issue of some kind.
MN Yes...immediate safety issue, hazard...but that would probably be something
that would be good to put in there, but iYs going to take a pretty strong showing.
DJE Let me see what I can come up with.
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RL Excellent
GK Overall, I think iYs very appropriate (inaudible)
DJE Let me see if I can't make some modifications to it and get it back to you and at
the same time get the other ordinance to you so that you've got it all together. I
think it will be clear.
MN Dave, would you talk to staff and maybe get some input from staff and the Police
Department. The thing about, you know, inside the establishment...do we really
want to curtail all outside music or does that take a special permit or is it
just...whether iYs inside or outside, you've still got to get the permit and we don't
care about it...the implication is, you know, because of at least that one section
that either it doesn't address outside music or it is barred.
DJE You know, this really addresses things other than music, too...
MN Right
DJE ...some of which don't make noise. You know, you can think of different types of
plays or events that do not really create noise that would fall under
entertainment, so let me see what I can come up with, what we can come up
with...
SRG We have a commitment to bring this back in the fall to the City Council. If we
delay this to the Public Safety Commission's October meeting, we're looking at
November or December. November and December each have one Council
meeting. I would defer to Councilmember Finerty....we have finro options. One is
to take the verbatim transcript and a revised ordinance to the City Council with
recommendation or comments that Public Safety has, or the second being to
continue this until your meeting in October, which is going to delay the process.
So I would defer to Councilmember Finerty...which do you think? Do you think
the Council is looking for this now?
MN We're not going to have the other one until next month anyway, are we? Well,
not that they can't be done separately, but we won't have the other one until next
month.
CF I think as Dave indicated, the two will work hand in hand.
DJE I think it would make more sense from the...when you look at them together.
They do work together.
CF So you think that is logic...it might be better to get the other one, review at the
Public Safety Commission's October meeting, and then have your final changes,
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or suggested changes, here, and then put them both to the Council at the same
time.
DJE Okay
CF But I'm one of five.
MN Well, November is still the fall. I'm willing to talk to Mayor Kelly about that if he
doesn't agree with me.
RL But if there are exigent circumstances and a true need to push this forward, I
don't have any objection whatsoever. I think we've had an opportunity to provide
some input either on this ordinance or on the proposed ordinance that Dave
hasn't finished yet. I think we've made some points.
SRG The Police Department will tell you they would like to have it sooner than later.
And if the Council takes action on it in December, it's not going to go into effect
until January, the end of January, because you have the finro readings, and it will
be the end of January in the middle of the season.
CF Well (inaudible) the dates...what is the date of the October Public Safety
Commission meeting?
SRG The 10th
CF The 10th. So if it is conceivable, it could go to the Council's second meeting in
October.
SRG It would be the next day.
CF No, second meeting in October.
DJE The second meeting is going to be...
SRG Oh, the second meeting, I'm sorry.
CF Is that workable?
DJE Sure
CF Okay
DJE First reading then...second reading first meeting in November, it would be
effective the first week or finro of December.
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MN And if they wanted more input, it would be the beginning of January to go into
effect shortly after the first of the year...or at the second meeting in December,
right?
FT I guess our concern on it is that because of the old establishments that are given
90 days to get to that point, now the season is about to begin, and (inaudible)
and if we end up that it goes in front of the Council the end of October, then we're
looking at into January before the 90-day time frame comes up.
RL For existing (inaudible)
CF But the 90-day time frame is really as a result of staff and the work that Lauri
suggested needs to be done, so if staff is aware starting today that this is the
work that is coming at you, there is no reason why your department couldn't get
started now, and maybe we could cut the 90-day requirement.
LA I think the obstacle that we'll run into is that in order for the various departments
to review any business, they're going to need a complete application package
from the business, and until we receive those, we don't really have anything to be
looking at as far as reviewing their operations and their staffing and their
business practices. One thing I might suggest that would help us get halfway
there sooner is that the requirement for the temporary entertainment permit
would be able to take effect immediately or 30 days after the ordinance.
MN Doesn't the Council, Dave, have the discretion to declare something an urgency?
DJE Yes, the Council could declare it an urgency ordinance.
MN And it goes into effect in, what, 30 days?
DJE Immediately
MN Immediately, so you could do that with the temporary, or you could even do that
with the entire ordinance if the...
DJE What we have done on occasion is take identical ordinances and have the
Council approve an ordinance as an urgent matter, it becomes effective that day,
and at the same meeting have first reading on an ordinance and let it go through
the normal process. What you have done is you have limited the ability to
challenge the urgency ordinance to 45 days.
CF I like that
MN And really, that's up to the Council to make that decision.
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DJE It takes a 4/5ths vote.
MN It just seems to me, I mean...these are significant changes in what we're doing,
and we haven't even seen this one yet, and we talked about it, but....l mean, if
the Council wants to hear serious input from us, I think we wouldn't be doing our
job correctly if we were to just say go straight to the Council with this one,
number one, and number two, this is pretty serious stuff...
DJE Yes, it is
MN ...and it's going to affect every business...if the Council believes it really is that
urgent, given what Lt. Taylor said, then the Council has the power to make
it...pass it as an urgency ordinance.
DJE You certainly can put it together in that manner.
LA Would you be able to make whatever findings need to be made in the
recommendation for urgency (inaudible)
DJE I think we could do that.
(inaudible)
JL Would that satisfy you to do it that way?
FT Yes, it helps. It's just the time frame of it is to have consistency the way that it's
worded right now is what our concern was. There are events that are
happening...there were events last week, and they'll continue and they'll just
grow in nature. Like I said before, it really taxes our services. I mean, we can
take care of them, but I'm really concemed when these things occur about the
safety of the residents of the City of Palm Desert because these things happen at
one or two o'clock in the morning.
JL They don't happen at 10 at night.
RL Well, some of these things, as an example the Greek services fee, the Council
could really adopt that by resolution.
DJE Yes...typically, thaYs what we do...the fees are (inaudible)...it's easier to change.
SRG But the other language would have to be in the ordinance, as Commissioner
Lebel suggested, about medical costs and liability, etc. Would that not have to
be in the ordinance versus the resolution?
DJE Yes
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MN It's one thing...l mean we had some ongoing businesses that have
entertainment, and I understand...l mean, I'm gathering now that you're telling us
that some of those are a problem, but they're ongoing businesses, and we kind
of live with them and maybe we, whether we like them or not, we ought to take a
measured approach there. But the temporary ordinance, the one for the one-
time...
RL The temporary permit
MN ...the temporary permit for the less than five days, basically, iYs a special event,
a tattoo parlor that is going to have a motorcycle parlor, five days a year they
don't have entertainment but now they're going to do it...l know that's not the only
concern, but that could certainly be an urgency situation.
DJE I think the whole ordinance can be.
MN I mean, and that could go right then. That temporary, especially if you were
going to...l mean, you could take that to the Council next month or the next
meeting, adopt it, and then we could look at it again.
DJE I would rather have the whole thing.
MN Makes sense to me, but I'm just (inaudible)
LA But it certainly won't take effect...it won't have that 90-days for waiting for
processing of applications.
MN Right, but then you could act on that and could cut out that part of it at least.
DJE That's not (inaudible)
SRG But staff's going to be...we wouldn't be able to go out and contact businesses
and start enforcing this or let them know about it (inaudible)
DJE Well, I think we let them know about it (inaudible)
SRG Would they get a notice that the ordinance was going to be heard by the City
Council?
DJE Yes...l don't care whether they do that or not. There is no requirement that we
give notice to them that we're going to consider the ordinance. I think we need to
tell them if the ordinance passes that it is passed. If you want to notify them,
that's fine, it doesn't matter.
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PUBLIC SAFETY COMMISSION SEPTEMBER 12, 2007
SRG It's better than having staff do it and then having it amended and then Council
gets it. But that's your call, Dave.
GK How long does that take usually when an ordinance comes down (inaudible)
DJE Well, there is no particular notice requirement. This has to show on an agenda...
GK Right
DJE ...a posted agenda...posted 72 hours in front of the meeting. An urgent
ordinance just has to show on the agenda. The Council can pass that at that
meeting. It is effective that day. Then at that same meeting they can pass the
same ordinance as a regular ordinance, and that would be effective
approximately 45 days later. What you've done is you've created a gap of 45
days that if somebody wants to challenge whether that ordinance is an urgent
one or not, that's all the time they have to do it. They can go in and try it at that
point, but to have them overturn a discretionary decision of the Council is very
difficult to do.
MN Especially in 45 days in this courthouse where you can't get a civil case to trial.
DJE ThaYs correct.
LA One thing that we can do as Councilmember Finerty suggested as far as what
staff can do in advance to get ready is we can certainly prepare a mailing list and
information to identify all the businesses that will be impacted, and those can go
out the day after the ordinances passes notifying people that they've got 90 days
and need to get the applications, and by the way here are your forms to fill out,
we're waiting for you at City Hall.
MN How do you do that, through your Business License Division? Is that how you
identify them?
LA I imagine that would be how we would do that.
MN Or the Police Department or a combination of the two?
?? A combination of the two.
MN Here are the ones who need to be on the list.
DJE There are some that...
LA A special list
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(inaudible)
RL I have a question for Lt. Taylor. Would any of these establishments, to your
knowledge or recollection, have any occasion where they would permit crowd
surfing or stage diving?
FT You know, I haven't heard those things advertised. I think there are events that
generate themselves...
RL Because I know that that generally ends up creating a demand for law
enforcement and fire services for injuries sustained during those types of
activities.
FT I think whenever you get that many people in one place to where they can
support a person above their heads, then there's probably a need for some type
of additional security.
MN Probably the crowd surfing is the least of the worries.
RL I will submit this language to Dave for review, but there's a prohibition of crowd
surfing and stage diving...language that you might want to look at.
GK Any other comments? Shall we go ahead and entertain a motion to continue this
to the October meeting?
MN Both of those items, right?
GK Well, we already did one.
MN We've done G already. So moved.
GK We're going to continue it.
JL Second
GK All in favor...aye
JL Aye
RL Aye
MN Aye
GK Thank you very much.
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CF And then if we could have the noticing so that for sure it comes to us on October
24th, the second meeting in October.
SRG Yes
CF That would be great. Thank you.
SRG Lt. Taylor will not let us forget.
VII. CONTINUED BUSINESS
None
VIII. OLD BUSINESS
None
IX. REPORT ON CITY COUNCIL ACTION (S)
Councilmember Finerty noted that the Council would be meeting the
following day.
X. REPORTS AND REMARKS
1. Comments by Public Safety Commissioners
None
2. Update on the Citizens on Patrol (COPs) Program
Mrs. Gilligan noted that there was a whole new team that was out in
the community. They also had vehicles that were far better
identified than in the past.
Lt. Taylor added that Sgt. Robert Perdue was the Police
Department liaison to the Citizens on Patrol and meets with them
regularly. He added that current and potential membership was
now at approximately 15 individuals.
Mrs. Gilligan noted that one task assigned to COPs members was
to go through parking lots in the City to make sure the handicapped
parking spaces were well-marked. She said in many of the lots, the
striping had faded, signs were missing, etc., and the City had
received many complaints about this subject. Upon question by
Commissioner Nethery about duties of the members, she
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VII. CONTINUED BUSINESS
A. Consideration of Palm Desert Municipal Code Chapters 9.24 (Noise
� Control) and 9.25 (Multiple Responses to Loud Parties and
' Gatherings) — Continued from the Meeting of September 12, 2007
The following is a verbatim transcript of this portion of the Minutes:
�
JB Chairman James Butrbach
SRG Sheila R. Gilligan, ACM/Community Services
JL Commissioner James Larsh
BH Deputy City Attorney Bob Hargreaves
HP Code Compliance Manager Hart Ponder
GK Vice Chair Gloria Kirkwood
LA Planning Director Lauri Aylaian
FT Palm Desert Police Lt. Frank Taylor
RL Commissioner Rick Lebel
JB Now under Continued Business is the Consideration of Palm Desert Municipal
Code Chapters 9.24 (Noise Control) and 9.25 (Multiple Responses to Loud
Parties and Gatherings). This has been continued from the September 12, 2007,
meeting.
SG As you can tell from your packets, staff has been busy working with the City
Attorney on making...
JL Is the last one we got the final?
SG I think it's the last one that Mary emailed to you.
JB It was emailed yesterday...
JL I think I have three different ones here.
JB So chuck them out.
BH Hart, you want to run with this one?
HP You know what? Lt. Taylor and Code Enforcement have been involved in
various noise problems after hours, different clubs and businesses. What we've
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done is we've taken the opportunity to really look at what other jurisdictions have
been doing, what has been successful with the State...and Commissioners, what
you have before you is something that City staff and the Police Department feel
is the best possible tool that we could have to be able to address these after hour
noise violations. And there are a number of things that we've addressed there,
and it includes not only noises that are associated with public activities, but we're
also maintaining things in there like stationary noise sources, like a loud pool
pump, things that may need a decibel meter. But we're also using what the
courts seem to be very comfortable...prima facie violations where...you can tell
by the complaints we've received and the situations that we've had that we can
line up the witnesses, we can line up staff's testimony, and we can be able to go
forward with a good case if we can't correct it on the voluntary level. This
actually reflects other noise ordinances that we've had, like the barking dog noise
ordinance, we wind up prima facie situation where you can tell it's a problem,
we've had residents come to testify before the court, and we have never lost a
case. So it's really based on firm foundation of what the court has come to
expect when we have to go into enforcement mode, and it's also taken...we've
also taken some other things from other jurisdictions that we have seen work,
and we're very confident about it. And we ask for your support.
JB Jim, do you have any comments?
JL We had some comments at the last meeting, and it looks like some of them that
were addressed by Rick were addressed in here, that he and...l think it's an
ordinance that is encompassing and catches a lot of areas, and I think it's a good
ordinance.
JB Gloria, do you have any comments?
GK I agree. I think that some of the things that we addressed last time seems like
they went ahead and added them, and I think it's an ordinance that is definitely
something we need to see enforced.
JL There is some latitude there so...I mean, at your discretion. And there's also that
area we get to where we have to take further action. I think iYs good.
NOTE: COMISSIONER LEBEL ARRIVED AT 2:25 P.M.
JB Over the last several years, a number of municipalities have been introducing
such ordinances. I went online with several cities I was familiar with and studied
their ordinances, and I think some of the key ingredients in ours far exceed what
other cities have on their books. So it is a good piece of work. I know it's been
gone over, fine-tuned, re-edited several times. I think iYs a good piece of work.
Does the City Attorney's office have any comments about the work?
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BH I understand that there's been an incredible amount of work, both on the staff
level and the different departments. I have not been directly involved in the
effort. Dave Erwin and another associate were, so they were the ones who were
bringing it forward. I'm here to try to answer questions if you have them, but my
understanding is it reflects not only the experience of our own people but the
experience of other jurisdictions that have attempted to (inaudible) these
problems.
LA I'd like to add just from a staff standpoint that one of the things about the noise
ordinance that we're talking about is that it is designed to work in tandem with
one of the other ones that we're looking at here, which allows the City to recoup
costs for repeated violations, so the two of them really are meant to dovetail and
to work together with each other and cover kind of a broad range of situations.
And on each of these, we would...the staff recommendation would be that you
recommend to the City Council that these be approved substantially as to form. I
think there are a couple I's that still need to be dotted and Ys crossed that we'd
like to address, but as far as...we'd like your approval and recommendation
regarding the policies established in these.
JB Just, you know, one area, Lt. Taylor, that I was look at was that if...and this
would include a residential home or apartment building...if deputies are called
out to a loud disturbance at 11 o'clock at night and just, you know, go out, advise,
shut it down, what have you, take names, and they leave, and three hours later
it's cranked back up, does this qualify under the response that you could recover
particularly...whether you shut it down or there is some type of an arrest or
complaint filed at that time, or do we have to live with the posting of the property
so to speak.
FT Well, I think from looking...I'd have to defer to the City Attomey on that.
LA The property is posted on the first...the first time an officer visits, the property is
posted at that time. If they are called back in half an hour or a day, it's still...
JB It still applies.
JL How long does that posting stay there?
LA I'm sorry?
JL How long does that posting stay there, because you're into the next day.
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LA Yes, and that I would have to double check on. But the intention was that if it is
the same event that is being responded to...in other words, technically, you could
(inaudible) the intent is that it would qualify as multiple responses.
HP And remember, too, it won't just be the posting. We'll subsequently look at the
property records and make sure the property owner will also get it through other
means. So iYs going to be a process where we will prove that not�cation was
served and posted.
JL Even though the owner is not there?
HP That is correct.
JB Could I have the Commission Secretary note that Commissioner Lebel has
arrived, please.
JL And that he was late.
JB I know in reading the Minutes from the previous meeting, Commissioner Lebel
had some very good questions and thoughts about this, and I'd like to defer to
Rick to see if those questions have been satisfied.
RL They have been.
JB Okay
JL So you read through this, and you're satisfied?
RL Yes, I did.
LA And I will clarify that...I just checked on it...if you respond to the same premises
more than once in a 60-day period...
JL Oh, okay.
LA So thaYs a heck of a wedding that goes on. That would also cover, for instance,
a night club or something if you have to come out more than once.
JB This is applicable, though, that the posting has to remain in place or if it
disappears...not like removing the Coroner's seal, but...
FT From a law enforcement perspective, all our calls for service are recorded, so iYs
just a matter of....
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JB That would be in the CAD system?
FT It's done by address in the database, so we can go to the address and find
(inaudible)
LA It does say on the face of the notice that it must remain in place for 60 days or
else there's a $100 penalty associated with removal.
JL Oh, okay.
JB Is there a motion from the Commission?
GK We are making a motion to go ahead and make a recommendation to the City
Council to go ahead and approve the overall ordinance?
JL Or are we sending it to the City Council for...
JB We're sending a recommendation to the Council to adopt.
GK Okay, I'll make that motion.
JB Okay
RL Second
JB It's been moved and seconded to direct staff to forward this matter to the City
Council with recommendation for approval of an ordinance adopting Chapter
9.24 of the Palm Desert Municipal Code (Noise Control ordinance) and an
ordinance adopting Chapter 9.25 of the Palm Desert Municipal Code under
multiple responses to loud or unruly parties, gatherings, or other similar events.
Those in favor of that motion please signify by saying "aye".
G K Aye
JL Aye
RL Aye
JB Aye. Any opposition "no"....so recommended.
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B. Consideration of Palm Desert Municipal Code Chapter 5.100
Relative to Entertainment Permits (Continued from the Meeting of
September 12, 2007)
The following is a verbatim transcript of this portion of the Minutes:
Key:
JB Chairman James Butzbach
BH Deputy City Attorney Bob Hargreaves
LA Planning Director Lauri Aylaian
JL Commissioner James Larsh
HP Code Compfiance Manager Hart Ponder
RL Commissioner Rick Lebel
GK Vice Chair Gloria Kirkwood
SRG Sheila R. Gilligan, ACM/Community Services
JB Item Number B under Continued Business is Consideration of Palm Desert
Municipal Code 5.100 Relative to Entertainment PeRnits. This was also
continued from the meeting of September 12, 2007.
BH Mr. Chairman, again I'm going to defer to staff who has been working so
diligently on this.
LA The entertainment permit is (inaudible) last meeting there were some minor
suggestions that were made by the Commission, and we've attempted to
incorpo�ate them. The intent of this ordinance is to establish a process by which
businesses that serve as entertainment venues are required to come in and get a
license to operate as an entertainment venue, and when they have special
events that would accommodate additional patrons or additional guests that
cross a threshold where we would require additional protection on behalf of the
City...in other words, assignment of additional police officers (inaudible), they
would have to come in and get a separate temporary use permit or temporary
special event permit for those events. So this would get existing businesses to
come in and get entertainment permits to operate on a year-round basis and then
make a separate trip in if they're going to have special events. I think that this
will give us better enforcement tools, especially for events that have large crowds
attending them where we don't always get the amount of notice that we would
like and we don't always have the staff ready to respond and the tools at hand.
JB Existing forms of entertainment are grandfathered in?
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LA No, they're not. They would all...
JB They'd have to go through the process?
LA Correct.
JL Everybody's going to have to go through it?
LA Yes
JL The ones along Highway 111...
LA Yes
JL All of them
LA Anything that qualifies under the definition of entertainment, which covers bars,
lounges, all kinds of special events and gatherings...anybody that offers, you
know, live music or...
JB It runs anywhere from a single individual to a large band, so to speak?
LA I think it's focused on businesses, you know, commercial enterprises that...l don't
see this as a single individual.
JL It sounds like you've targeted any night spot or restaurant that stays open after
ten...
LA Pretty much night clubs is what we're looking at.
JB Well, a homeowner that's having, say, a wedding reception in their home, and
they hire a band or outside disc jockey for that home, does that come under
this...
LA Not under the entertainment...
JB Not under the entertainment...this falls back to the noise ordinance.
LA Yes.
JL Oh, back to the noise.
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HP And the reason being is that is considered a non-commercial activity, and the
tools are in place where the Sheriff and anybody who responds has the authority
to address things like this.
JB Thank you. Rick, any comments?
RL Unless I missed it, I didn't notice provision for the payment of fees for law
enforcement services like we had in the...
(inaudible)
RL We did do that under the multiple responses to loud and unruly parties...
LA This would not require the payment of fees for law enforcement for an
entertainment permit. This again is what they've kind of operate under year-
round. If they apply for the special permit, and that requires additional law
enforcement, that is where we would require that they reimburse the City.
RL Okay, I see it now.
JL So you've taken care of the ownership situation if the applicant...a lease
situation. Do they still have to get some permission from the owner of the
property?
LA Yes, I believe so.
JL Under Section 12, if the applicant is not the owner of the property (inaudible) the
applicant shall submit a notarized statement signed by the property owner.
ThaYs at{ they have to do?
LA Typically that would be a landlord/tenant situation where you have (inaudible)
JB Gloria, did you have any comments or thoughts?
GK No...thank you.
(inaudible)
RL There is one typo on page 12...page 12, subsection E2...
LA "lest"?
RL Yes...should be "least"
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LA Thank you.
RL Other than that, it appears again that staff has incorporated all of our prior
comments, and I really appreciate that.
JB Good observation. The Chair would entertain a motion.
RL I make a motion to recommend to the City Council for consideration for adoption
of Ordinance Chapter 5.100 Entertainment Ordinance in the City of Palm Desert.
GK Second
RL IYs been moved and seconded to direct staff to forward this matter to the City
Council with recommendation for approval of an ordinance adopting Chapter
5.100 of the Palm Desert Municipal Code relative to entertainment permits in the
City of Palm Desert. Those in favor please signify by saying "aye"
G K Aye
J L Aye
RL Aye
JB Aye...any opposition "no"...hearing none, so recommended.
SRG I saw Captain Thetford at noon, and he said to tell you thank you, thank
you...we've been working on this for a while, and he had a part in it as well.
JB Again, kudos to staff, Hart, and the City Attorney's office for a{I the diligence and
hard work...
JL And now 30 days after City Council...
SRG It goes to the City Council on the 25th...did Dave not say that it would be an
urgency ordinance?
LA We did have discussion at the last meeting...
SRG And he said that we would then follow up with a regular adoption of the ordinance
for second reading, and then it would go into effect 30 days after the second
reading. Then they would adopt it as an urgency ordinance that goes into effect
immediately.
JB Immediately, correct. That's good.......There is no Old Business pending....
12