HomeMy WebLinkAboutORD No. 1150 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. 4Night 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.
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5.100.020 Pertnit 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 atfow
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.
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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 permit 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
ver'rfied 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.
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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 supeniision 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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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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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 o�cers shali 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 controf 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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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 access 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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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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B. If the appiication for an ente�tainment permit is approved or deemed approved by
the Administrator' action or failure to act, such actior� 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 provided 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 ff�e Cify 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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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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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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