HomeMy Public PortalAboutOrd. 0873
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ORDINANCE No. 873
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD ADDING CHAPTER 11A TO THE LYNU100D CITY
CODE ADOPTIAiG CERTAIN REGULATIONS RELATING TO
ENTERTAINMENT PERMITS, AND REPEP.LING CERTAIN SECTIONS
OF THE LYNWOOD CITY CODE.
The City Council of the City of Lynwood does hereby
ordain as follows:
Sectioh 1. There shall be added to the Zynwood City
Code a new Chapter thereof which shall be numbered 11A and shall
contain the following sections:
`'Section 11.85. .Definitions.
"A. Entertainment shall mean:
1. Any .act, play, .review, pantomine, scene,
dance act, or song and dance act, performed by one or more persons,
whether or not such person or persons are compensated .f or such
performance; or
2. Any fashion or style show, except:
(a). When same, is conducted by a non-profit
club, organization or association, as a part of the social activities
of such club, organization or association, to which members of the
general public are not invited; or
(b) When the same is conducted by a person as
a part of a commercial business which primarily involves the sale or
manufacture of clothing or wearing apparel.
"B. Permit shall mean a permit required and issued
pursuant to the provisions of this Chapter; and
"C. Notice shall mean written notice, given by personal
service upon the addressee, or', given by United States Mail, postage
prepaid, addressed to the person to be notified at his last known
address. Service of such notice shall be effective upon the
completion of personal service, or upon the placing of the same in
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the custody of United States Postal Service.
"D. Place of Entertainment shall mean a place open
to members of the public with or without charge, in which entertainment
is offered or performed.
"Section 11.86. Permit Required. No person shall conduct
or allow the conduct of any act of entertainment in any place of
entertainment, as the owner or operator of such place, without first
obtaining a permit therefor, in the manner hereinafter set forth in
this Chapter.
''Section 11.87. Applications. Any person required to
obtain a permit pursuant to this Chapter, shall file written application
therefor, with the Assistant City Manager. Written application
forms for such permits shall be prepared by the Assistant City Manager,
which shall require thereon such information as he deems necessary
to carry out the purposes of this Chapter, which shall be approved
as to form by the City Attorney.
''Section 11..88. Permit Fees. A filing and processing
fee, in the sum of $50.00 .shall be paid contemporaneously with the
filing of a permit application.
"Section 11.89. Application Investigation. The Assistant
City Manager, upon receipt of a written application for a permit
shall. conduct an appropriate investigation to determine vahether
said permit should be issued in accordance with the provisions of
this Chapter as hereinafter set forth. The Assistant City Manager
shall consider any relevant factual material relating to such
application. The Assistant City Manager shall issue an entertainment
permit required by this Chapter only if he finds that:
"A. a written application form therefor has been filed;
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"B. The required filing and processing fee. the r.efor has
been paid to the City Clerk; and
"C. as a result of his investigation that all applicable
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provisions of this Chapter, with regard to such permit application
have, or will be, met.
"Section 11.80. Permit. Issuance, Denial.
19A. Issuance. The Assistant City Manager shall issue
a permit, based upon his investigation, if he finds:
°1. That the operation, as proposed by the applicant,
if permitted, would comply with all applicable laws, including but
not limited to the City's building, zoning and health regulations;
and
"2. That the applicant, and any other person who
will be directly engaged in the management and operation of the
place cf entertainment, other than one who participates in an .act
of entertainment:
"(a) has not been convicted in a court of
competent jurisdiction, by final judgment, of:
"(.'1) an offense involving the
presentation, exhibition, or performance of an obscene production,
motion picture, play or act; or
"(2) an offense involving lewd .conduct; cr
"(3) an offense involving the use of
force and violence upon the person of another; ..or
"(!I) an offense involving misconduct with
children
"(b) has not allowed or permitted acts of
sexual misconduct. to be committed in prior business operations.
"3. that the applicant has not knowingly made any
false, misleading or fradulent statement of facts in the permit
application, or any other document required. by the City in conjunction
therewith.
"B. Conditions. Permits may be issued conditionally,
in order to insure compliance with the provisions hereof.
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"C. Denial. If the Assistant City Manager finds any
of the facts, as set forth in subparagraph A hereof, are present,
he shall decline to issue the permit as requested.
"Section 11.91. Notice of Decision. Glithin ten (10)
days after reaching a determination with reference to a permit
application, the Assistant City Manager shall give written notice
of his decision to the applicant and to any other person requesting
such notice.
"Section 11.92. Appeal. Any applicant aggrieved by the
decision of the Assistant City Manager with reference to the issuance
conditional issuance or deriiah of a permit, shall have. the right of
appeal. An appeal must be perfected within fifteen (15) days after
the service of notice of decision by filing with the City Clerk, a
letter of appeal briefly stating therein the basis for such appeal,
together with a filing and processing fee in the sum of X75.00.
"Upon .receipt of such letter of appeal and fee, the City
Clerk shall immediately set the matter for consideration by the
City Council at its next regularly scheduled meeting, except that
if the next regularly scheduled meeting of the City Council is
within six (6) days of the date the letter of appeal is filed, the
City Clerk shall set the matter for consideration by the City
Council at the second regularly scheduled meeting of the City
Council following the filing of the letter of appeal. The City
Clerk shall give. the appealing party and any other person requesting
the same, at least five (5) days written notice of the time and
place of such hearing.
"At the time and place set for the hearing upon the appeal
from the decision of the Assistant City Manager, the City Council
shall give. the appealing party, and any other interested party, a
reasonable opportunity to be heard, in order to show cause, why
the determination of the Assistant City Manager should not be upheld.
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In all such cases, the burden of proof to show that the action .
taken was arbitrary, capricious or in excess of his authority,
shall be upon the appealing party. The determination of the City
Council shall be final and conclusive.
"Section 11.93. Suspension. The Assistant City P4anager
shall suspend any permit issued hereunder, if he finds that:
"l. The operation, as conducted by the applicant
does not comply vaith all applicable laws, including, but not
limited to,°the City's building, zoning and health regulations; and
"2. The applicant, and any other .person who will be
directly engaged in the management and operation of the place of
entertainment, other than one who participates in an act of enter-
tainment, has:
"(a) been convicted in a court of competent
jurisdiction, by final judgment, of:
"(l) an offense involving the presentation,
exhibition, or performance of an obscene production, motion picture
or play; ~~.or
"(2) an offense involving lewd conduct; or
"(3) an offense involving the use of force
and violence upon the person of another; nor
"(4) an offense involving misconduct with children.
"(b) allowed or permitted. acts of sexual misconduct
to be committed at the place of entertainment.
"3. the applicant has knowingly made any false, mis-
leading or fradulent'..statement of fact in the permit application,
or any other document required in conjunction therewith.
`'The determination of the P.ssistant City P~Zanager with
regard to matters of suspension shall be appealable in the time and
manner set forth in Section 11.94 hereof.
"The Assistant City DZanager, in the case of such suspension,
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shall serve the permittee with a written Order of Suspension,
which shall state the reasons for such suspension. The said. Order
shall be effective immediately if personally served, or 48 hours
after the same has been deposited in the course of transmission
in said United States Postal Service.
"Immediately upon such an Order becoming. effective, the
permittee shall cease all operations under such permit.
''The Order of Suspension shall be deemed a revocation of
the permit to which it relates unless the permittee, within fifteen
(15) days after personal service of such Order, or fifteen (15)
days after the said. Order is deposited intYre course of transmission
in the United States Mail, files an appeal from said Order, in
the manner set forth in Section 11.92 hereof.
"Where an appeal is taken, the Order shall be stayed
pending a determination thereon by the City Council which shall act
upon the same in the manner set forth in Section 11.92 hereof. Such
determination shall be final and conclusive.
"Section 11.94. Posting or Exhibiting. Permits issued
pursuant to this Chapter shall be posted on the premises where the
business or enterprise for which thepermit is issued is conducted
and shall remain so posted during the period the permit shall be in
force.
"Section 11.95. Duration. Permits issued pursuant to this
Chapter shall be valid until .revoked or abandoned.
"Section 11.96. Transfer of Permit. No permit shall be
transferable except with the written consent of the Assistant City
Manager. An application for such a transfer shall be in writing
and shall be accompanied by a filing and processing fee of X50.00,
the same to be filed with the Assistant City Manager. The written
application for such transfer shall contain the same information
as required herein for an initial application for such a permit.
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"Section 11.97. Severability. If any section or any
part thereof of this Chapter shall be found by any court to be
invalid or unconstitutional, the City Council nevertheless would
have passed and enacted the remaining sections and parts thereof,
irrespective of the sections and parts of sections found to be
invalid or unconstitutional, and each and every section acrd part
or paragraph thereof was severed by the City Council-.from each and
every other section, part or portion thereof and adopted and enacted
separately therefrom."
The following sections are hereby repealed:
Section 2./ Article 1, Chapter XA, Sections 10.50, 10.51,
10.52; Article 2, Chapter XA, Sections10.53, 10.54, 10.55, 10.56,
10.57, 10.58, 10.59, 10.60, 10.61, 10.62, 10.63, 10.64, 10.65, 10.66,
10.67; Article 3, Chapter XA, Sections 10.68, 10.69, 10.70, 10.71,
10.72, 10.73, 10.74, 10.75, 10.76, 10.77, 10.78, 10.79, 10.80, 10.81,
10.82, 10.83, 10.84; Article 4, Chapter XA, Sections 10.85, 10.86,
10.87, 10.88, 10.89, logo, 10.91, 10.92, lo.g3, 10..94, 10.95,
10.96, 10.97, 10.98, 10.99, 10.99.1 of the Lynwood City Code.
Section 3. The City Clerk is hereby ordered and directed
to certify to the passage of this ordinance and to cause the same
to be published once in the Lynwood Press, a newspaper of general
circulation, printed, published, and circulated in the City of Lynwood.
First read at a regular rneeting of the City Council of
said City held on the 20th day of January 1970 and finally
adopted and ordered published at a regular meeting of said Council
held on the 3rd. day of February 1970 by the following vote:
Ayes: Councilmen Byork, Greah, Liewer; Siokos
Noes: Councilmen None
Absent: Councilmen
ATTEST:
i
`City"Clerk, City of'Lynwood
S`PA'DE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES j
I, the undersigned, City Clerk of the City of
Lynwood, and ex-officio clerk of` the Council of said
city, do hereby certify that the above is a true and
cor_,:^ect copy of Ordinance Nc. 873 adopted by the City
Council ~.!f' the City of Lynwood, and that same was passed
or_ the •:ace and by the vote therein stated.
- Dated this 3rd. day of February lyj'70.
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/CI~~~~, CITY OF LYNWOOD