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HomeMy WebLinkAboutOrdinance No. 973ORDINANCE NO. 973 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING CHAPTER 9 OF THE CYPRESS MUNICIPAL CODE RELATING TO LIVE ENTERTAINMENT AND LIVE ENTER- TAINER PERMITS AND SECTION 14.2 OF APPENDIX I OF THE CYPRESS MUNICIPAL CODE RELATING TO PARKING REQUIREMENTS FOR LIVE ENTERTAINMENT USES. WHEREAS, the City Council of the City of Cypress wishes to promote the City's interest in protecting and preserving the quality of the residential, commercial, and industrial areas of the City, and the quality of life within the City through the adoption of effective land use planning and business licensing regulations; and WHEREAS, the presentation of live entertainment within the City has previously caused significant pernicious secondary effects which include, but are not limited to, the following: incidents of increased and intolerable noise in and around businesses providing live entertainment; incidents of violence in and around businesses providing live entertainment; incidents of erratic and dangerous driving in the parking lots of businesses providing live entertainment; higher levels of police service calls to, in, and around the premises of businesses providing live entertainment; increased illegal sexual activity in and around the premises of businesses providing live entertainment; increased trash and debris in and around the premises of businesses providing live entertainment; and increased incidents of the illegal consumption of alcoholic beverages in and around the premises of businesses providing live entertainment; and WHEREAS, the City incorporates by reference the recitals contained in Cypress Ordinance Nos. 918, 950, and 951; and WHEREAS, while the City Council desires to protect the rights of those persons who desire to participate in and enjoy live entertainment, it desires to do so in a manner which decreases, to the greatest extent feasible, the pernicious secondary effects associated with such live entertainment; and WHEREAS, the City Council has determined that the implementation of the regulations imposed by this ordinance will reduce these pernicious secondary effects created by establishments which provide live entertainment; and WHEREAS, it is not the intent of the City in adopting this ordinance to suppress any activities protected by the First Amendment, but rather to enact a content neutral ordinance which addresses the secondary effects businesses providing live entertainment have on the City; and WHEREAS, the City has received an increase in inquiries regarding the addition of live entertainment to existing facilities and the creation of new live entertainment establishments within the City; and WHEREAS, given the grave nature of the threat to the public peace, health, and safety that existing live entertainment establishments have created, the City desires to have this ordinance become immediately effective, pursuant to Government Code § 36937, in order to ensure that the all new establishments providing live entertainment or existing establishments adding live entertainment will be subject to the regulations promulgated herein in order to preserve the public peace, health, and safety; and WHEREAS, the City Council has determined that the adoption of this ordinance as an urgency measure, pursuant to Government Code § 36937, is supported by the City's history of public peace, health, and safety problems caused by live entertainment establishments 268/017943 - 0001/3139378.3 a02/10/98 A.o3 including, but not limited to numerous incidents of the following police - documented events at such facilities: assaults with a deadly weapon in the establishment or parking lot areas; brandishing of handguns or other deadly weapons in the establishment or parking lot areas; public drinking and dnunkenness in the establishment or parking lot areas; public urination in the parking lot areas; noise complaints stemming from activity in the establishment or parking lot areas; driving under the influence at or near the establishment; vandalism; lewd conduct; theft; vehicular burglary and other similar activities. WHEREAS, the City Council has determined that the adoption of this ordinance as an urgency measure. pursuant to Government Code § 36937, is supported by the City's history of public peace, health, and safety problems caused by live entertainment establishments including, but not limited to numerous incidents of the following police- documented events at such facilities: assaults with a deadly weapon in the establishment or parking lot areas; brandishing of handguns or other deadly weapons in the establishment or parking lot areas; public drinking and drunkenness in the establishment or parking lot areas; public urination in the parking lot areas; noise complaints stemming from activity in the establishment or parking lot areas; driving under the influence at or near the establishment; vandalism; lewd conduct; theft; vehicular burglary and other similar activities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9 -1 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: "Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this Chapter 9. (a) "Amateur" means any person who has never been an entertainer for financial benefit. (b) "Audience" means one or more persons, present as listeners or viewers, but not as entertainers, during any live entertainment. (c) "Audition" means any test of the quality of live entertainment not in the presence of a public audience. (d) "Live Entertainer" means any person whose actions or presence before an audience provides live entertainment, but neither a vocalist nor a cafe musician, as defined in Section 37101.5 of the Government Code of California, shall be deemed to be an entertainer under the provisions of this chapter while occupied exclusively in singing or presenting music. (e) "Live Entertainment" means any act, performance, exhibition, demonstration, concert, dialogue, pantomime, or display upon, or by, any person, or any sound, word, speech, song, or other utterance, or any dance, posture, act or other movement, or any music or other sound manually produced from an instrument or article, including the use of an electronic playback device by any announcer or "disc jockey" who, at the time, provides any form of vocal entertainment, including the announcing of song titles or artists' names, in the presence of any audience under the auspices of, or with the consent of the owner, lessor, lessee, or manager of a public place, which agreeably occupies the mind, or pleasantly attracts, diverts, or holds the attention, or is for the amusement of any person in such audience. 268 /017943 - 0001/3139378.3 a02/10/98 -2- (f) "Permit Holder" and "Permittee" mean the person who has applied for a live entertainment or live entertainer pen-nit which has been granted. (g) "Person" means any individual, partnership, association, or corporation, including any firm, company, society, or league who files an application for a new or renewal live entertainment, live entertainer, or special entertainment permit as provided herein. (h) "Public Place" shall include any business or property regularly opened to the public and shall include, but not be limited to, stores, shops, restaurants, bars, night clubs, coffee shops, hotels, recreational (both passive and active) areas, horse racing tracks, and shall also include any private club which is operated for profit or which is operated in conjunction with a business operated for profit. Public Place shall also include events, concerts, and performances conduct out -of -doors done in conjunction with or as a promotion for any business operated for profit." SECTION 2. Subsection (a) of Section 9 -2 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: "Except as provided in Section 9 -3, it shall be unlawful for any person to operate, conduct, or manage any public place where food or beverages are sold, offered for sale or given gratuitously, and where any form of live entertainment is conducted for more than five (5) days per calendar year without a valid live entertainment permit from the City. Live entertainment conducted for five (5) or fewer calendar days per year shall be subject to the special entertainment permit requirements set forth in Article III of this Chapter 9." SECTION 3. Subsection (a)(3) of Section 9 -3 of the Cypress Municipal Code is hereby repealed and is of no further force or effect. SECTION 4. Section 9 -3 of the Cypress Municipal Code is hereby amended to add the following subsections thereof: "(a) The provisions of this chapter shall not apply to any of the following: (1) Any live entertainment consisting solely of auditions; (2) Any amateur who sings while in, and a part of, any audience; (3) Anything emanating from a radio, record or CD player, jukebox, or television receiver; (4) Any live entertainment in connection with the approved use of city property unless such property is leased or authorized to be used for a period exceeding ten (10) consecutive days." SECTION 5. The introductory paragraph to Subsection (a) of Section 9 -4 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: "Any person required by this chapter to have a live entertainment permit shall, prior to providing any live entertainment on the property, file a written, signed, and acknowledged application in duplicate with the City Clerk containing the following information:" 268/017943 - 0001/3139378.3 a02/10/98 -3- SECTION 6. Subsection (a)(1) of Section 9 -4 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: "The full name and address of the applicant. If the applicant is a corporation, the names and addresses of its President, Vice President, Treasurer, Secretary, Chief Financial Officer, Chief Executive Officer, or equivalents and those persons who will have day to day managerial control of the business. If the applicant is a partnership or association, the name of those partners or association members owning more than thirty percent (30%) of the business, as well as the names of all persons who will have day to day managerial control of the business." SECTION 7. Section 9 -4 of the Cypress Municipal Code is further amended to add the following subsection: "(c) The submission of an application for a live entertainment permit does not authorize the performing of live entertainment until such permit has been granted as provided herein." SECTION 8. Subsection (a)(9) of Section 9 -4 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: "Whether or not the persons referenced in Subsection (a)(1) and (4) of this section have had an adult oriented business permit, massage establishment permit, live entertainment permit, or similar permit suspended, revoked, or cancelled anywhere within the last five (5) years and the circumstances surrounding the same. Suspension or cancellation of liquor licenses shall be considered within the purposes of this section." SECTION 9. Subsection (a)(10) of Section 9 -4 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: "Whether or not the persons referenced in Subsection (a)(1) and (4) of this section have, within the last five (5) years, been convicted of a felony or of any crime involving theft, embezzlement, or moral turpitude; have been convicted of violating any municipal or county ordinance relating to the conduct of live entertainment, including noise violations; or operated or conducted a place of business in a manner constituting a public nuisance." SECTION 10. Subsection (a)(11) of Section 9 -4 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: "A professionally prepared floor plan drawn to one - quarter inch (1/4 ") scale whose dimensions are no smaller than 24" x 36" showing the entire interior of the establishment including but not limited to the proposed plan for tables, seating, stages, dance floors, and all elements applicable to the presentation of live entertainment. The plan shall include notations establishing the maximum legal occupancy of the premises." SECTION 11. A new Subsection (a)(15) is hereby added to the Cypress Municipal Code to read in its entirety as follows: "(15) A statement under oath that the applicant has personal knowledge of the information contained in the application, that the information contained in the application is true and correct, and that the applicant has read and understands the provisions of Chapter 9." 268/017943- 0001/3139378.3 a02/10/98 -4- ao(0 SECTION 12. Section 9 -6 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: "Sec. 9 -6 Submission of Application, Determination of Completeness, Investigation by Chief of Police. (a) Submission of Application. All applications for live entertainment permits shall be filed with the City Clerk on the form provided by the City which shall then be forwarded to the City's Chief of Police. (b) Determination of Completeness. Within ten (10) business days following the receipt of an application pursuant to this section, the Chief of Police shall determine whether the application contains all the information required by the provisions of this Chapter 9. If it is determined that the application is not complete, the applicant shall be notified in writing within five (5) business days of the date such determination is made that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have thirty (30) calendar days to submit additional information to render the application complete. Failure to do so within the thirty (30) day period shall render the application void. Within five (5) business days following the receipt of an amended application or supplemental information, the Chief of Police shall again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. The applicant shall be notified within five (5) days of the date the application is found to be complete. All notices required by this chapter shall be deemed given upon the date they are either deposited in the United States mail or the date upon which personal service of such notice is provided. (c) Investigation of Permit. Upon determining that an application for a live entertainment permit is complete, the Chief of Police shall, within thirty (30) calendar days of receipt of the application, conduct an investigation of the information contained in the application to determine if the proposed live entertainment and the business in which it is to be offered is in compliance with the provisions of this chapter. Such investigation may include providing copies of the application to the Director of Public Works /City Engineering, the Planning Director, or other officials for their investigation and report thereon." SECTION 13. Section 9 -7 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: "Sec. 9 -7 Issuance of Permit, Expiration. Upon the expiration of the thirty (30) day investigatory period, the Chief of Police, or his or her designee, shall submit his or her report and recommendation to the City Clerk for presentation to the City Council at the next City Council meeting at which the matter could be properly agendized in accordance with the Ralph M. Brown Act and public hearing notice requirements. At the City Council Meeting, the City Council shall conduct a public hearing, take the testimony of proponents and /or opponents, examine the matter, and approve the issuance of a live entertainment permit if a majority of the members present determines that all of the requirements of this chapter have been met, including, but not limited to, the requirements contained in Section 9 -8, and that the investigative report by the chief of police, the director of public works /city engineer, planning director and other officials fails to identify any of the items listed in section 9 -4 (9) and (10). If the above findings cannot be made, the application shall be denied. The decision of the City Council shall be final. All permits shall be granted for the specific location requested. The permit shall be valid for one (1) year from the date of issuance unless suspended or revoked by the City pursuant to this Chapter 9, or the permittee ceases to 268/017943 - 0001/3139378.3 a02/10/98 -5- provide live entertainment for a period of sixty (60) consecutive days, after which, the permit shall be deemed to have expired automatically. A request for renewal of a live entertainment permit shall be made on a form provided by the City. Once an application for renewal is submitted, the status quo shall be maintained. The permit shall be renewed by the City Council according to the above procedures unless the City Council finds that grounds for revocation exist." SECTION 14. Section 9 -8 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: "Sec. 9 -8 Locational and Operational Requirements. (a) The land use and live entertainment contemplated is in compliance with the requirements of the zone in which the property is located. (b) The proposed live entertainment shall not be held in any building, structure or other location within 300 feet of any approved residential property. For the purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building, structure or other location in which the live entertainment will be provided to the nearest property line of the residential property. (c) The operation of the proposed live entertainment will be carried on in a building, structure or location which meets and complies with all of the applicable federal, state, and City health, safety, zoning, building, and fire regulations and requirements. (d) If the proposed live entertainment will be held within an approved structure, noise from the live entertainment shall not exceed the City standards as contained in Section 13 -68 of the code as measured 50 feet from the structure. (e) If the proposed live entertainment will be held at an approved open air location, which shall be at least 1000 feet from the nearest legal residential structure or residential zone, the noise from the live entertainment shall not exceed the City standards as contained in Section 13 -68 of the code as measured 750 feet from the edge of the open location. (f) At least one (1) security guard shall be on duty outside the premises, patrolling the grounds and parking lot at all times live entertainment is offered. The security guard shall be charged with preventing violations of law and enforcing the provisions of this chapter. All security guards shall be uniformed so as to be readily identifiable as a security guard by the public. No person acting as a security guard shall act as a doorman, ticket taker or seller, or similar functionary while acting as a security guard. (g) The entire exterior grounds, including the parking lots, shall be lighted to 3 foot candles, minimally maintained and evenly distributed, as measured at ground level to permit the security personal to observe activity on the grounds and within automobiles. (h) No exterior door or window of the premises shall be propped or kept open at any time while the business is providing live entertainment. (i) There shall be no drinking of alcoholic beverages on any exterior portion of the premises, including, but not limited to the parking lot of the establishment (j) There has not been created an excessive need for police services attributable to the establishment or that the police service calls are in response to activity involving the brandishing or use of a firearm, knife, or other deadly weapon at the establishment, or activity involving any crime chargeable as a felony which has resulted in bodily injury. For the purposes of this section, the 268 /017943 - 0001/3139378.3 x02/10/98 -6- phrase "excessive need for police services" shall mean that the establishment providing live entertainment has generated a need for police services which is greater than the police service needs of similar businesses which do not provide live entertainment, as measured by the number of police responses to the property . " SECTION 15. Section 9 -9 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: "Sec. 9 -9 Revocation of Permit. (a) Revocation of Permit. The City Council may, after notice and hearing, as described below, revoke a live entertainment permit of any person, firm, partnership, corporation, or any other entity holding a live entertainment permit, upon a preponderance of the evidence presented at the hearing that any provision of this chapter has been violated. Prior to revocation, the Chief of Police shall provide the permittee with written notice of the proposed revocation by certified mail addressed to the street address of the business as shown on the live entertainment permit application. The notice of revocation shall specify grounds for the proposed revocation. The City Council shall hold a revocation hearing as provided below." SECTION 16. Section 9 -10 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: "Sec. 9 -10 Revocation Hearing Procedure: Judicial Review. (a) The City Council shall hold a hearing on a proposed permit revocation pursuant to Section 9 -9 not later than thirty (30) days of the notice of revocation or direct the City Manager to appoint a hearing officer who will hold a hearing on a proposed permit revocation pursuant to Section 9 -9 not later than thirty (30) days of the notice of revocation. The Chief of Police, or his or her designee, shall provide the permittee with written notice of the date, time, and place of the hearing. The notice of hearing shall be sent by certified mail to the permittee at an address listed on the live entertainment permit application. This notice requirement shall be satisfied if the notice of revocation contains the date, time and place of the hearing. At the hearing, the Chief of Police, or his or her designee, shall present evidence and witnesses, as necessary, to establish the cause of the revocation of the permit. The permittee, at the hearing, may be represented by legal counsel, may present evidence and witnesses, and may cross - examine City witnesses. The Chief of Police, or his or her designee, shall be permitted to cross - examine any witnesses presented by the permittee. (b) After a hearing held pursuant to Subsection (a) above, the City Council shall render its decision on the proposed revocation within twenty (20) business days from the hearing date or, if heard by a hearing officer, the hearing officer shall render a written recommendation within twenty (20) business days from the hearing date. A copy of the written recommendation shall be mailed by certified mail to the permittee at the address listed in the live entertainment permit application and delivered to the City Clerk to be presented to the City Council at the next regular meeting at which the matter can be agendized in compliance with the Ralph M. Brown Act. The record of the proceeding before the hearing officer shall also be made available to the City Council. The City Council shall either adopt, modify or reject the recommendation of the hearing officer. The City Council's decision shall be mailed by certified mail to the permittee at the address listed in the live entertainment permit application. The decision of the City Council shall be final and conclusive." 268 /017943 - 0001/3139378.3 a02110/98 -7- SECTION 17. There is hereby added a new Article II, to be entitled "LIVE ENTERTAINER PERMITS" to the Cypress City Code which shall provide, in its entirety, as follows: "Sec. 9 -15 Live Entertainer Permit Required. It shall be unlawful for any person to provide in, or upon, any premises within the City, live entertainment in exchange for anything of value without a live entertainer permit issued by the City pursuant to the provisions of this Chapter. Sec. 9 -16 Live Entertainer -- Application for Permit -- Fees. (a) Any person desiring to obtain a live entertainer permit shall, prior to providing live entertainment, file a written, signed and acknowledged application, in duplicate, with the City Clerk containing the following information: (1) The full true name and any other names used by the applicant; (2) The present address and telephone number of the applicant; (3) The previous addresses of applicant, if any, for a period of five (5) years immediately prior to the date of the application and the dates of residence for each address; (4) Acceptable written proof that the applicant is at least eighteen (18) years of age. If the applicant is to be employed in a place of business where alcoholic beverages are to be sold or consumed, the applicant shall provide acceptable written proof that the applicant is at least twenty -one (21) years of age; (5) The applicant's height, weight, and color of eyes and hair and date and place of birth; (6) Two photographs of the applicant at least two (2) inches by two (2) inches taken within the last six (6) months; (8) (9) Business, occupation, or employment history of the applicant for the five (5) years immediately preceding the date of application; Whether or not the applicant has had a live entertainment permit suspended, revoked, or cancelled anywhere within the last five (5) years and the circumstances surrounding the same. Suspension or cancellation of liquor licenses shall be considered within the purposes of this section. (10) Whether or not the applicant has, within the last five (5) years, been convicted of: any criminal activity involving the brandishing or use of a firearm, knife, or other deadly weapon; any activity involving any crime chargeable as a felony which has resulted in bodily injury; violating any municipal or county ordinance relating to the 268 /017943 - 0001/3139378.3 a02/10/98 -8- 209 210 conduct of live entertainment, including noise violations; or operated or conducted a place of business in a manner constituting a public nuisance. (11) The applicant shall be required to furnish fingerprints; (12) Such other identification and information as the City may require in order to discover the truth of the matters required to be set forth in this application. (13) A statement under oath that the applicant has personal knowledge of the information contained in the application, that the information contained in the application is true and correct, and that the applicant has read and understands the provisions of Chapter 9. (b) As applicable to entertainment acts involving more than one person including, but not limited to musical bands and groups, multi person acts involved in a single performance such as magicians, and casts of plays, only one entertainer permit need be obtained for the band, group, act, or cast, providing that the application is filed out with correct information for every member of the band, group, act, or cast. (c) The submission of an application for a live entertainer permit does not authorize the performing of live entertainment until such permit has been granted as provided herein. Sec. 9-17 Submission of Application, Determination of Completeness Investigation by Police Chief. The requirements of Section 9 -6 of this Chapter 9 shall govern the submission and investigation of a live entertainer permit application, except that the Chief of Police shall have ten (10) days within which to complete his or her investigation as provided therein. Sec. 9 -18 Issuance of Permit, Expiration. (a) Upon the expiration of the ten (10) day investigatory period provided in Section 9 -6 of this Chapter 9, the Chief of Police, or his or her designee, shall submit a his or her report and recommendation to the City Clerk for presentation to the City Council at the next City Council meeting at which the matter could be properly agendized in accordance with the Ralph M. Brown Act. At the City Council Meeting, the City Council shall examine the matter and approve the issuance of a live entertainment permit if a majority of the members present determine that all of the requirements of this chapter have been met, and if such members find: (1) The required fee has been paid; and (2) The applicant conforms in all respects to Section 9 -16 of this Chapter 9; and (3) The applicant has not knowingly made any false, misleading or fraudulent statements in the application; and (4) The applicant has fully cooperated in the investigation of his or her application; and 268 /017943 - 0001/3139378.3 a02/10198 -9- (5) The applicant has not been convicted of: any criminal activity involving the brandishing or use of a firearm, knife, or other deadly weapon; any activity involving any crime chargeable as a felony which has resulted in bodily injury; violating any municipal or county ordinance relating to the conduct of live entertainment, including noise violations; or operated or conducted a place of business in a manner constituting a public nuisance; and (6) The applicant is at least eighteen (18) years of age; or, if the applicant is to be employed in a place of business where alcoholic beverages are to be sold or consumed, the applicant is at least twenty -one (21) years of age; and (7) The applicant has not engaged in conduct which would constitute grounds for suspension or revocation under this chapter. (b) In the event the Department of Justice summary criminal history information is not received within the ten -day investigation period, the Chief of Police shall issue a temporary live entertainer permit. A final decision granting or denying a permit shall be made after receipt of such summary criminal history information. If the permit is granted, the live entertainer permit shall remain valid for one (1) year from the date of issuance unless revoked or suspended by the City pursuant to this Chapter 9; otherwise the temporary permit shall be null and void. Sec. 9 -19 Permit Renewal. Live entertainer permits shall be renewed on an annual basis provided the permittee continues to meet the requirements as stated in this Chapter 9. The renewal fee for a live entertainer permit shall be set by resolution of the City Council. The permittee shall submit an application for permit renewal on a form provided by the City which shall contain the same information as required under this chapter for the original application. A nonrefundable fee as established by resolution of the City Council shall be paid to the City Treasurer of the City to defray the cost of investigation and report required by this chapter. Sec. 9 -20 Permit Revocation. The City may revoke the live entertainer permit as provided in Section 9 -9 and /or 9 -10 of this Chapter 9 if a permittee has: (1) Knowingly made any false, misleading, or fraudulent statements in the applications; or (2) Violated any provision of this Chapter 9, including without limitation any provision of Section 9 -8 applicable to the provision of entertainment. Sec. 9 -21 Permits nontransferable. No live entertainer permit may be sold, transferred, or assigned by a permittee, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void. 268/017943 - 0001/3139378.3 a02/10/98 -10- 211 212 Sec. 9 -22 Exhibiting Permits and Identification. No permittee shall fail to exhibit upon demand to any Cypress police officer any permit issued to such permittee pursuant to this Chapter 9 and evidence reasonably sufficient to identify such permittee. Sec. 9 -23 Violation -- Penalty. Any person violating any section of this chapter shall be guilty of a misdemeanor." SECTION 18. Former Article II, entitled "SPECIAL ENTERTAINMENT PERMITS" shall be renumbered as follows: "Article III. SPECIAL ENTERTAINMENT PERMITS." All sections of such article shall be sequentially renumbered beginning with Section 9 -25. SECTION 19. Former Article III, entitled "UNLAWFUL EXPOSURE OF PRIVATE PARTS AND FEMALE BREASTS" shall be renumbered as follows: "Article IV. UNLAWFULLY EXPOSURE OF PRIVATE PARTS AND FEMALE BREASTS." All sections of such article shall be sequentially renumbered beginning with Section 9 -37. SECTION 20. The table in Subsection B of 14.2 of Appendix I of the Cypress Municipal Code is hereby amended by adding the following to the table in the appropriate alphabetical order: Any establishment requiring a Live Section 14.1 C notwithstanding, 1 parking Entertainment Permit pursuant to Chapter 9 space for every 2 persons based upon maximum occupancy of public area as determined by the building department, plus the parking spaces required for employees based upon the nature of the underlying business and the requirements of this Table. SECTION 21. With the exception of the parking requirements contained in Section 20 of this Ordinance, and the zoning and distance requirements contained in Section 14 of this Ordinance, at amended Section 9 -8, subs. (a) and (b), for establishments requiring live entertainment permits (which provisions are to be applied prospectively in their entirety), the provisions of this ordinance shall be amortized for businesses currently providing live entertainment pursuant to a valid City live entertainment permit so as to become effective one (1) year after the effective date of this ordinance. The provisions imposed by this ordinance shall become enforceable against such businesses on that day. SECTION 22. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 23. The City Clerk shall certify to the passage and adoption of this Urgency Ordinance and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. Except as provided in Section 21 above, this Urgency Ordinance shall be in full force and effect immediately. 268 /017943 - 0001/3139378.3 a02110/98 Adopted at a regular meeting of the City Council of the City of Cypress held on the 9th day of February , 1998. MAYO F CYPRESS ATTEST: CI LERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, LILLIAN HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 9th day of February , 1998, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Keenan, Piercy NOES: 0 COUNCIL MEMBERS: None and Jones ABSENT: 0 COUNCIL MEMBERS: None 268 /017943 - 0001/3139378.3 a02/10198 • f■ • CIT CLERK OF THE CITY OF CYPRESS • -12-