Chapt 5.24-Live Enter (1994)MEMORANDUM
CITY OF CAMPBELL
To:
From:
Subject:
Curtis Banks
Community Development Department
Jan~emsley JUN ~ ~ 1994
Cit~ Clerk's Office
CITY OF CAMPBELL
City-initiated amendment to Chapter 5.24 (Live Entertain~N~ DEPT
Municipal Code
Date: June 22, R~ECEiVED
At its regular meeting of June 21, 1994, the City Council adopted
Ordinance No. 1903 amending Chapter 5.24 (Live Entertainment) of the
Campbell Municipal Code. Please find certified copy of this Ordinance
attached for your records.
The Ordinance will be published in the Campbell Express of June 29, 1994
and will be forwarded to Book Publishing Company for codification.
ORDINANCE NO. 1903
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AMENDING CHAPTER 5.24 (LIVE ENTERTAINMENT) OF
THE CAMPBELL MUNICIPAL CODE. FILE NO. TA 94-03.
After due consideration of all evidence presented, the City Council of the City
of Campbell does find as follows:
The criteria for live entertainment contained in the C-3 (Central
Business Ordinance) provide sufficient oversight to protect the health,
safety, and welfare of the downtown.
The proposed amendment does not constitute a project according CEQA,
thus no environmental review is necessary.
Based upon the foregoing findings of fact, the City Council concludes that:
The proposed modification will not be detrimental to the health, safety,
or welfare of the downtown neighborhood or the City as a whole.
The City Council of the City of Campbell does ordain as follows:
SECTION: That Chapter 5.24, pertaining to Live Entertainment, of the
Campbell Municipal Code is hereby amended as set forth in Exhibit A
attached hereto. (Exhibit A = The Amendmen0
SECTION TWO: This Ordinance shall be become effective thirty (30) days
following its passage and adoption and shall be published, one time within
fifteen (15) days upon passage and adoption in the Campbell Express, a
newspaper of general circulation in the City of Campbell, County of Santa
Clara.
PASSED AND ADOPTED this 21stday of June, 1994, by the following roll call
vote:
AYES: Councilmembers: Conant, Ashworth,
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
ATTEST:
APPROVED:
~~/~e By'Clerk
Burr, Dougherty, Watson
Watson, May~r
EXHIBIT A
LIVE ENTERTAINMENT*
Sections:
5.24.010
5.24.020
Regulating and licensing in public places.
Dancing and live entertainment between the hours of two a.m.
and six a.m.
5.24.010 Regulating and licensing in public places.
(a) Live entertainment in bars, taverns, cocktail lounges, restaurants,
recreational parks, theaters, cafes, cabarets or other public places not
employing nude or seminude persons therefor may be permitted by the
dty council upon written application and subject to the provisions of
Sections 5.08.020 and 5.28.010. The license fee therefor shall be one
hundred dollars per year.
(b) For the purpose of this section, live entertainment is defined as
entertainment provided by bands, instrumentalists, dancers,
raconteurs, pantomimists, prestidigitators, magicians, vaudevillians,
acrobats, actors and theatrical performers, and including acts in which
animals, exotic or otherwise, are used. The use of animals, exotic or
otherwise, shah be subject to the provisions of Section 7.08.010.
(c) Thcrc The following uses are it, specifically exempted from this section:
(1) Shows and entertainments, theatrical, musical and vocal
presentations, and other live performances conducted by schools,
colleges, churches, lodges and private clubs on their own premises,
and those conducted and sponsored by dvic groups in supervised
munidpal parks. (Prior code §6300(c)).
(2) Live entertainment conducted in a standard restaurant (as defined
in Chapter 21.02.35) in a C-3-S (Central Business) Zoning District,
provided that such entertainment satisfies the requirements stated
in Chapter 21.26.020
5.24.020 Dancing and live entertainment between the hours of two a.m. and
six a.m.
No dancing or live entertainment shall be permitted between the hours of
two a.m. and six a.m. in bars, taverns, cocktail lounges, restaurants,
recreational parks, theaters, cafes, cabarets or other public places. (Ord. 1000 §1,
1975: Ord. 949, 1974).
* For regulations governing nude and seminude entertainment, see Section
5.36.030 of this title.
12.
M/S: Burr/Conant - that further reading of Ordinance 1902 be waived. Motion
adopted unanimously.
City.initiated Amendment to Chapter $.24 of Municipal Code re: live Ent~ent
(Introduce Ordinance/Roll Call Vote)
This is the time and place for a public hearing to consider a City.initiated
amendment to Chapter 5.24 of the Campbell Municipal code re: Live Entertainment.
Community Development Director Piasecki - Staff Report dated June 7, 1994.
Mayor Watson declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to speak, Mayor Watson declared the public hearing
closed.
M/S: Conant/Ashworth - to introduce Ordinance 1903 mending Chapter $.2,4 (Live
Entertainment) of the Campbell Municipal Code, File No. TA 94-03, for first
reading. Motion adopted by the following roll call vote:
AYES: Councilmembers: Conant, Ashworth, Burr, Dougherty, Watson
NOES: Councilmembers: None
The City Clerk read the title of Ordinance 1903.
M/S: Dougherty/Burr - that further reading of Ordinance 1903 be waived. Motion
adopted unanimously.
UNFINISHED BUSINESS
NEW BUSINESS
13.
Water Tower Property - Accept Property Transfer Agreement and Work Plan
(Resolution/Roll Call Vote)
Administrative Analyst Fialho - Staff Report dated June 7, 1994.
M/S: Conant/Ashworth - to adopt Resolution 8671 authorizing the transfer of
ownership of the Water Tower Property from San Jose Water Company to the City
of Campbell and authorizing the Mayor to execute the agreement, and to approve
the workplan outlining the development of the Water Tower Property into a public
park. Motion adopted by the following roll call vote:
6/7/94 City Council Minutes -5-
Oty
Council
Report
ITEM NO.:
CATEGORY:
MEETING DATE:
Public Hearings
June 7, 1994
TITLE
City-Initiated Amendment to Chapter 5.24 of Municipal Code re: Live
Entertainment (Introduce Ordinance/Roll Call Vote)
RECOMMENDATION
That City Council take first reading on an ordinance approving TA 94-03.
The proposed modification to Chapter 5.24 implements the proposal in the
C-3 Ordinance (which is also on tonight's Council agenda) that would exempt
standard restaurants in the C-3 Zoning District from the Live Entertainment
Permit process. This proposal is part of the overall strategy to streamline the
approval process for businesses downtown.
The proposed C-3 ordinance contains criteria, drafted by the Police
Department, that restaurants in the C-3 zoning district would have to follow
in order to have limited live entertainment. The Police Department is
supportive of the proposed modification. The proposed modifications to
the C-3 ordinance were recommended for approval by the Planning
Commission at their meeting of May 10, 1994.
Currently, all businesses that offer live entertainment must obtain a Use
Permit from the Planning Commission and a Live Entertainment Permit
from the City Council. Live Entertainment Permits are processed through
the Police Department.
Only standard restaurants in the C-3 district would be effected by this
amendment. Live Entertainment in all other zoning districts and in bars and
nightclubs downtown would still require a Live Entertainment Permit.
ALTERNATIVES
Deny thc Text Amendment
Streamlining of the live entertainment process in the C-3 zone would not
occur.
Direct staff to modi .fy the Text Amendment
If the Council is concerned with specific aspects of the proposed
amendment, Council can continue the application and direct staff to address
specific issues of concem.
City Council Report - TA 9403
Pa~ -2-
June ?, 1~4
Attachments:
1. Proposed ordinance modifying Chapter 5.24 of the Municipal Code
Prepared by: ~ ~
Submitte~~,~//_ ~.~-~}/ c~~-
Ste~7 PiaseX~, A~CP
Director of Planning
Approved by:
Mark Ochenduszko
City Manager