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HomeMy Public PortalAboutOrd. 0873 ~~7~ 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 -1- 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; an d "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 -2- 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. -3- "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. -4- 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, -5- 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. -6- "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. ~ ~ ~x2~C-.L LPG /CI~~~~, CITY OF LYNWOOD