Ordinance No. 854487
ORDINANCE NO. 854
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS AMENDING CHAPTER 9
"ENTERTAINMENT," AND RELATED PROVISIONS
OF THE CODE OF THE CITY OF CYPRESS AS THE
SAME RELATES TO OUTDOOR CONCERTS AND
SIMILAR ACTIVITIES
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN
AS FOLLOWS:
SECTION I. Article I of Chapter 9, "Entertainment," of
the Code of the City of Cypress is hereby amended to read as
follows:
"Article I. Live Entertainment Permits.
Section. 9 -1. Definitions.
For the purposes of this Chapter, the following
words and phrases shall have the meanings respectively
ascribed to them by this section:
'Day' means a calendar day.
'Live Entertainment' means any act, performance,
concert, or similar activity by professionals,
amateurs, employees, or patrons under the auspices
of, or with the consent of the owner, lessor,
lessee or manager of a public place, which is
intended to amuse, divert, or engage the attention
of guests or patrons, including, but not limited
to, dancing, singing, playing a musical instrument
or instruments, dialogue, pantomime, and modeling.
'Permit Holder' and 'Permittee' mean the person who
has applied for a Live Entertainment Permit which
has been granted.
'Person' means any individual, partnership,
association, or corporation, including any firm,
company, society, or league who files an appli-
cation for a new or renewal Live Entertainment or
Special Permit as provided herein.
'Public place' shall include any business or
property regularly open 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
conducted out -of -doors done in conjunction with or
as a promotion for any business operated for
profit.
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Section 9 -2. Permit for Live Entertainment Required.
(a) 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 year without a valid enter-
tainment permit from the City. Live enter-
tainment conducted for five (5) or fewer days
per year shall be subject to the 'Special
Entertainment Permit' requirements set forth
in Article II of this Chapter.
(b) It shall be unlawful for any person to perform
any entertainment in a public place without a
valid entertainment permit when such person
has knowledge of the lack of such permit; or
who assists, permits, or counsels any person
to violate any provisions of this Chapter.
Section 9 -3. Exemptions to Live Entertainment Permit
Requirements.
(a) The provisions of this Article shall not
apply to the following:
(1) The use inside a structure of a
radio, music recording machine, or
juke box.
(2) Live entertainment conducted in
connection with a regularly
established recreation park, circus,
or designated fairground when such
premises is being used as a State
Fairground, to the extent that the
City is pre - empted from applying the
provisions of this Chapter to said
designated State Fairground.
(3) Live entertainment conducted in
connection with any public place
where a valid permit authorizing
such use is in full force and effect
under Chapter 15 of this Code.
(4) Live entertainment in connection
with the approved use of City
property unless such property is
leased for a period exceeding
fifteen (15) consecutive days.
Section 9 -4. Live Entertainment Permit Application.
(a) Any person required by this Chapter to
have a Live Entertainment Permit shall
file a written, signed, and acknowledged
application in duplicate with the City
Clerk containing the following
information:
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(1) The full name and address of the
applicant, and if the same be a
corporation, the names of its
principal officers, or if the same
be a partnership, association,
organization or fictitious company,
the names of the partners or persons
comprising the association,
organization or company with the
address and telephone number of
each.
(2) A detailed description of the live
entertainment, including the type of
entertainment; number of persons
engaged in the entertainment;
purpose of the entertainment; the
estimated number of persons who
would attend each event or
performance; and any related
information necessary to determine
the extent and possible impact of
the live entertainment on the
surrounding neighborhood.
(3) The admission fee, if any, to be
charged.
(4) The names and business addresses and
telephone numbers of the person or
persons having the ownership,
management, control, or supervision
of the public place both during
normal operating hours and during
the hours which the proposed live
entertainment is to be performed.
(5) The written consent of the property
owner, evidenced by his /her
signature on the application form.
(6) Type and nature of any vehicles,
equipment, or other apparatus to be
used in connection with the event.
(7) The number and amplifying range of
any sound amplifying systems to be
used in connection with the event.
(8) Type of goods, wares, merchandise,
food or beverages to be sold or
otherwise provided to persons at the
event.
(9) Whether or not the persons
referenced in subsections (a), (d),
or (e) of this section have had a
permit for the same or similar
business or activity suspended,
revoked, or cancelled anywhere
within the last five (5) years and
the circumstances surrounding the
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same. Suspension or cancellation of
a liquor license shall be considered
within the purposes of this section.
(10) Whether or not the persons refer-
enced in subsections (a), (d), or
(e) 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.
(11) A proposed plan for seating for the
business, activity, or event and
information regarding the maximum
legal occupancy of the proposed
premises.
(12) The time period for which the permit
is requested and the time period
during which the performances are to
occur.
(13) A security plan for control of
pedestrian and vehicular traffic and
prevention of unlawful conduct by
employees and patrons, such as
assaults, vandalism, littering,
theft, sale or use of controlled or
regulated substances, and
consumption of alcohol by persons
under the age of twenty -one (21)
years, within and surrounding the
areas affected by the public
attending the event.
(14) A plan for control of noise
affecting nearby premises, which
special attention to prevention of
noise nuisance to nearby residents
or businesses.
(b) Whenever any change occurs relating to
the written information required by
section 9 -4(a), the applicant or permit
holder shall give notification in writing
of such change to the City Clerk within
five (5) days after such change or any
hearing conducted pursuant to this
Chapter if such hearing is conducted
before the above notification has been
given.
Section 9 -5. Application Fee.
No application for a Live Entertainment Permit
shall be considered complete unless and until the
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application fee as set by Resolution of the City Council
is paid.
Section 9 -6. Investigation by Chief of Police,
Department Heads.
After the making and filing of an application for a
permit for live entertainment pursuant to this Article,
the City Clerk shall refer the matter to the Chief of
Police, the Director of Public Works /City Engineer, and
the Planning Director for an investigation and report
thereon.
Section 9 -7. Public Hearing on Application for Live
Entertainment Permit.
(a) Prior to approving the issuance of any
Live Entertainment Permit pursuant to the
provision of this Article, the City
Council shall hold a noticed public
hearing. The City Clerk shall cause
notice of the public hearing to be
published at least once in the City's
official newspaper at least five (5) days
prior to the public hearing and within
fifteen days of the filing of the
completed application. Except as
provided below, the hearing shall be set
no later than thirty (30) days after the
completed application has been filed with
the City Clerk unless the applicant
consents to such extension. Said thirty
(30) day period may be administratively
extended up to an additional ten (10)
days in order to be placed on the agenda
of a regular City Council Meeting.
(b) The City Clerk shall also cause notice of
the public hearing to be mailed to all
property owners within three hundred
(300) feet of the public place when said
entertainment is to be conducted indoors
and seven hundred fifty feet (750') of
the public place when the entertainment
is to be conducted outdoors. Said
notice shall be mailed at least five (5)
days prior to hearing.
(c) The City Clerk shall cause a suitable
public notice to be posted at the
location of the proposed live
entertainment.
(d) All notices required herein shall contain
the information required by Sections 2-
6.3 and 2 -6.5 of this Code and a brief
description of the nature of the proposed
live entertainment, its proposed
location, the names of the applicant(s),
and a statement that the public is
invited to provide or submit written or
oral comments on the application.
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Section 9 -8. Issuance of the Permit.
(a) At the conclusion of the public hearing,
the City Council shall approve the
issuance of the Live Entertainment
Permit, with or without conditions, if:
(1) A completed written application has
been filed.
(2) The required application fee has
been paid.
(3) The investigation report by the
Chief of Police, the Director of
Public Works /City Engineer, and the
Planning Director fails to identify
any of the items enumerated in
Section 9- 4(a)(9), (10) and /or (14).
(4) The operation by the applicant of
the proposed live entertainment is
consistent with the zone in which
the property is located.
(5) The operation by the applicant of
the proposed live entertainment will
be carried on in a building,
structure, or location which meets
and complies with all of the health,
safety, zoning, fire and building
safety requirements and standards
and the laws of the State of
California and Ordinances and
policies of the City of Cypress
applicable to such business
operation.
(6) If the proposed live entertainment
will be held within an approved
structure, the applicant shall
present adequate sound mitigation
which will obviate audible noise at
a distance of two - hundred (200) feet
from the structure.
(7) If the proposed live entertainment
will be held in an approved open
location, such location shall be at
least one - thousand (1,000) feet from
any residential property. Applicant
shall present sufficient mitigation
measures which will lessen the noise
impact to the surrounding
residential properties.
(b) The City Council may approve an
application for a Live Entertainment
Permit which does not meet one or more of
the above standards if, after the
hearing, the Council has received
sufficient evidence to find that despite
the applicant not meeting one or more of
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the above standards, the approval of the
Live Entertainment Permit will not be
detrimental to the public health, safety,
morals, or general welfare of the
citizens of the City of Cypress. Such
application may be approved with or
without conditions.
(c) An application for a Live Entertainment
Permit may be denied on any of the
following grounds:
(1) The applicant has failed or refused
to provide the City with the
information referenced in the
Sections above or any other
information requested by the City
which is reasonably related to the
conduct of the proposed event;
(2) The applicant has knowingly made any
false, misleading or fraudulent
statement of material fact in the
application for a permit;
The building, structure, equipment
or location of such live
entertainment does not comply with
or fails to meet applicable health,
zoning, fire, or safety requirements
imposed by law;
(4) The activity or location of the
activity is such as to unreasonably
limit, obstruct, or curtail the free
flow of traffic on any public street
or sidewalk;
(3)
(5)
The applicant refuses to agree,
abide, or comply with all conditions
and relations attendant to issuance
of the premit.
(d) The permit, if granted, shall be for the
specific location requested. The permit
shall be valid indefinitely unless
suspended or revoked by the City, or the
permit holder ceases to provide live
entertainment for a period of ninety (90)
consecutive days after which the permit
shall be deemed to have expired
automatically.
Section 9 -9. Suspension and Revocation of Permit.
(a) The City Manager, Chief of Police, any
City Police Officer, Code Enforcement
Officer, or designee thereof of the City
Manager or Chief of Police may summarily
suspend the Live Entertainment Permit
pending a revocation hearing by the City
Council when there is reason to believe
that:
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(1) The applicant or any persons in
charge thereof violates or permits
any violation of any law of the
State, of this Code, or of any other
ordinance of the City.
(2) The City Manager or Chief of Police
may suspend a Live Entertainment
Permit for any of the grounds
existing for which the original
permit application could have been
denied.
(3) The conduct at the live
entertainment event becomes unruly
or disorderly requiring more than
one (1) response by the City's
Police Department during any one (1)
calendar day.
(b) Permits for live entertainment shall not
be revoked unless and until a hearing
thereon is held by the City Council.
Live Entertainment Permits may be revoked
for any of the causes set forth in
Subsection (a) above. Any permit holder
who has had their permit suspended by
City officials has a right to a hearing
by the City Council which shall be held
following notice of the same. Notice of
the hearing shall be provided as set
forth in Section 9 -7 of this Code.
(1) The City Council may consider
revocation of a live entertainment
permit when the same has not been
suspended by the City Officials if
the Council finds that operation of
live entertainment pursuant to such
permit is causing a detriment to the
public welfare or may be causing a
nuisance to surrounding residents.
In addition to notice to the permit
holder which shall be sent by the
City Clerk by certified mail to the
address on the application, notice
of the revocation hearing shall also
be given as set forth in Section 9 -7
of this Code.
(c) It shall be unlawful for any person to
conduct or continue to conduct live
entertainment after suspension or
revocation of a Live Entertainment
Permit. If the City Council elects not
to revoke a suspended Live Entertainment
Permit following the closure of the
hearing thereon, the permit holder shall
be entitled to continue such live
entertainment as is consistent with the
permit as issued.
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(d) The City Clerk shall notify the permittee
in writing within ten (10) days following
the City Council's decision.
Section 9 -10. City Council to Make Rules for Conducting
Live Entertainment.
The City Council may make rules covering all live
entertainment conducted within the City of Cypress.
Section 9 -11. Violation of Chapter to Result in
Revocation of Business License.
Whenever any person is convicted of a violation of
any of the provisions of this Chapter, or any permit
thereunder, in addition to any other penalty imposed,
the license which may have been granted pursuant to
Chapter 15 to such person to conduct, maintain or carry
on any business shall be rendered immediately void and
the City Council shall deem the license to be revoked
and no new license shall be issued to such person to
conduct a similar business for at least one (1) year
thereafter.
Section 9 -12. Enforcement.
(a) It shall be the duty of members of the Police
Department under the direction of the Chief of
Police or the City's Code Enforcement Officer under
the direction of the Planning Director to enforce
the provisions of this Chapter, and to investigate
any complaints made concerning the operation of any
public place which has live entertainment pursuant
to a permit. Such City officers shall also be
authorized to conduct inspections on all public
places as deemed necessary.
(b) Any business establishment providing live
entertainment contrary to the provisions of this
Chapter shall also constitute a public nuisance and
the City Attorney may, in addition to or in lieu of
any criminal action taken thereunder, commence an
action or proceeding for abatement, removal, or
enjoinment thereof in the manner provided by law
and shall apply to such court as may have competent
jurisdiction to grant such relief to abate or
remove such establishments and restrain and enjoin
any person from operating, conducting, or
maintaining such an establishment where
entertainment is provided.
Section 9 -13. Permit Not Transferable.
Once a Live Entertainment Permit is issued, it
shall not be transferable.
Section 9 -14. Violation.
It shall be unlawful and a misdemeanor, subject to
punishment as set forth in Section 1 -7 of this Code, for any
person, firm, group, association, or corporation to violate
any provision of this Chapter."
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SECTION II. Article II, "Unlawful Exposure of Private
Parts and Female Breasts," of Chapter 9, "Entertainment,"
Sections 9 -13 to 9 -18 is hereby amended by the renumbering
of Article II to become Article III, and Sections 9 -13 to 9-
18 shall be renumbered to Sections 9 -26 to 9 -31
respectively.
SECTION III. Article II, "Special Entertainment Permits,"
is hereby added to Chapter 9, "Entertainment," of the Code
of the City of Cypress to read as follows:
"Article II. Special Entertainment Permits.
Section 9 -15. Permit for Special Entertainment
Required.
(a) 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 five (5) or fewer
days per year without a valid Special Entertainment
Permit from the City. Live entertainment conducted
for more than five (5) days per year shall be
subject to the requirements set forth in Article I
of this Chapter.
(b) It shall be unlawful for any person to perform
any entertainment on a public place without a valid
Special Entertainment Permit when such person has
knowledge of the lack of such permit; or to assist,
permit, or counsel any person to violate any
provisions of this Chapter.
Section 9 -16. Exemptions to Special Entertainment
Permit Requirements.
(a) The provisions of this Article shall not
require a permit for those performances enumerated
in Section 9 -3 of this Code.
Section 9 -17. Application Fee.
The City Council may by Resolution establish an
application filing fee for Special Entertainment
Permits, including the conditions in which waiver
thereof may be made by the City Manager /designee.
Section 9 -18. Application.
All applications for a Special Entertainment
Permit shall contain the information required for Live
Entertainment Permits enumerated in Section 9 -4 of this
Code. The City Manager /designee shall have the
authority to waive any inapplicable provision of the
application information in connection with the Special
Entertainment Permit.
Section 9 -19. Investigation by Chief of Police,
Department Heads.
The City Clerk shall refer the completed
application for a Special Entertainment Permit pursuant
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to Section 9 -6 of this Code.
Section 9 -20. Hearing on Application for Live
Entertainment Permit.
(a) Prior to taking action on a Special
Entertainment Permit application, the City
Council shall hold a hearing to determine
compliance with the provisions of this Code
and compatibility with surrounding residential
uses. Said hearing shall take place at the
next regularly scheduled City Council Meeting
occurring at least ten (10) days following
receipt of the completed application.
(b) Notice of the hearing shall be posted in
three public places throughout the City, on
the property for which such permit is sought,
and mailed at least five (5) days prior to the
hearing to property owners within a three
hundred (300) foot radius of that property
when the entertainment is to be conducted
indoors and to property owners within a seven
hundred fifty foot (700) radius when the
entertainment is to conducted outdoors.
(c) All notices required herein shall contain
the information required by Sections 2 -6.3 and
2 -6.5 of this Code and a brief description of
the nature of the proposed Special
Entertainment and its location. The notice
shall also contain a statement that the public
is invited to comment either orally or in
writing on the application.
Section 9 -21. Issuance of the Permit.
The City Council shall issue or deny the permit
pursuant to the findings and provisions set forth in
Section 9 -8 of this Chapter.
Section 9 -22. Suspension and Revocation of Permit.
Any Special Entertainment Permit issued hereunder
may be suspended or revoked in accordance with the
provisions of Section 9 -9 of this Chapter.
Section 9 -23. Council to Make Rules for Conducting
Special Live Entertainment.
The City Council may make rules covering any live
entertainment conducted pursuant to this Article.
Section 9 -24. Enforcement.
(a) It shall be the duty of members of the Police
Department under the direction of the Chief of
Police or the City's Code Enforcement Officer under
the direction of the Planning Director to enforce
the provisions of this Chapter, and to investigate
any complaints made concerning the operation of any
public place which has live entertainment pursuant
to a permit. Such City officers shall also be
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authorized to conduct inspections on all public
places as deemed necessary.
(b) Any business establishment providing live
entertainment contrary to the provisions of this
Chapter shall also constitute a public nuisance and
the City Attorney may, in addition to or in lieu of
any criminal action taken thereunder, commence an
action or proceeding for abatement, removal, or
enjoinment thereof in the manner provided by law
and shall apply to such court as may have competent
jurisdiction to grant such relief to abate or
remove such establishments and restrain and enjoin
any person from operating, conducting, or
maintaining such an establishment where
entertainment is provided.
Section 9 -25. Permit Not Transferable.
Once a Live Entertainment Permit is issued, it
shall not be transferable.
Section 9 -26. Violation.
It shall be unlawful and a misdemeanor, subject to
punishment as set forth in Section 1 -7 of this Code, for any
person, firm, group, association, or corporation to violate
any provision of this Chapter."
SECTION IV. Section 13 -70(b) of the Code of the City of
Cypress is hereby repealed.
SECTION V. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance,
and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions,
sentences, clauses, phrases or portions thereof be declared
invalid or unconstitutional.
SECTION VI. The City Clerk is hereby authorized
and directed to certify as to the passage of this Ordinance
and to give notice thereof by causing copies of this
Ordinance to be posted in three public places throughout the
City.
FIRST READ at a regular meeting of the City Council
of said City held on the 13th day of August
1990 and finally adopted and order posted at a regular
meeting held on the 27th day of August
1990.
ATTEST:
Y R OF THE C TY OF C PRESS
CITY CLERK Opp THE C OF CYPRESS
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STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress, California,
DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a
regular meeting of the City Council of the City of Cypress, held on
the 27th day of August 1990; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CIT LERIC 0 Hr CITY OF CYPRESS