O1818
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CA:f:\atty\muni\laws\mhs\club2
city council Meeting 9-26-95
Santa Monica, California
ORDINANCE NUMBER 1818 (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING DEFINITIONS
OF NIGHTCLUB AND RESTAURANT ON AN INTERIM BASIS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose. The city Council finds and
declares:
(a) At its meeting August 8, 1995, the City Council
introduced for first reading an ordinance amending zoning
Ordinance Section 9.04.02.030 to clarify the definitions
of "nightclub" and II restaurant II in the Zoning Ordinance
("First Reading Ordinance").
(b) At the same meeting, the Council heard testimony
from numerous citizens regarding the concerns with
nightclub operations including problems with noise,
disorderly crowds, and other public safety concerns. A
petition signed by neighbors of nightclub operations
regarding these problems was also submitted to the
Council.
(c) Councilmembers expressed concerns regarding
whether the definitions contained in the First Reading
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Ordinance adequately addressed the concerns raised by
neighbors, and directed staff to return with a proposed
interim emergency ordinance containing revised
definitions of I'nightclub" and tlrestaurantll in order to
address the pUblic safety and welfare of impacted
neighbors.
(d) It is therefore necessary to clarify the
definitions of "nightclubll and tlrestaurantll on an interim
basis pending completion of the process to amend the
zoning Ordinance. For the reasons set forth above, there
exists a current and immediate threat to the public
health, safety, or welfare from the continued use of the
current definitions of I'nightclub" and Ilrestaurantll in
the Zoning Ordinance and the issuance of addi tional
administrative approvals , conditional use permit, or
other entitlements for use inconsistent with the
provisions of this Interim Ordinance would result in a
threat to public, health, safety, or welfare.
SECTION 2. Interim Zoninq. Notwithstanding any other
provision of law, the Planning Commission and city staff are
directed to use the following definitions of II nightc lub II and
"restaurantll in the processing of all requests for administrative
approvals, conditional use permit, or other entitlements for use:
Restaurant. Any building, room, space, or portion
thereof, where food is sold for consumption on site,
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except for uses qualifying as incidental food service.
A restaurant may provide music or other entertainment if:
(1) there is sit down meal service provided at all times
while the entertainment is taking place; (2) there is no
dancing or dance floor; (3) there is no cover charge or
minimum drink purchase requirement; and (4) the
entertainment is provided only in the dining areas. A
restaurant with entertainment beyond the scope of these
limitations during specified hours on a nightly, weekly,
or other regular basis shall also be considered a
nightclub and such entertainment use shall be prohibited
unless a separate conditional use permit for that
nightclub has been obtained as of April 10, 1997. Fees
for such applications shall be waived through that date.
Niqbtclub. An establishment which provides music,
dancing, or other entertainment, and which may also serve
food or drink, but which does not otherwise qualify as a
"bar" or "restaurant."
SECTION 3. This Ordinance shall be of no further force or
forty-five days from its adoption, unless extended in the manner
required by law.
SECTION 4. Any provision of the Santa Monica Municipal Code
or appendices thereto, inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
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are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 5. This Ordinance is an emergency ordinance adopted
pursuant to the provisions of section 615 of the city Charter and
section 9.04.20.16.060 of the Santa Monica Municipal Code. It is
necessary for preserving the public peace, health, or safety, and
the reasons for its urgency are set forth in the Findings and
Purpose section above.
SECTION 6. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The Ci ty Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
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SECTION 7.
The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause this ordinance, or a summary hereof, to be published once in
the official newspaper within 15 days after its adoption. This
Ordinance shall be effective upon its adoption.
APPROVED AS TO FORM:
n0w~J/?,1MA hi ~u kM'
MARSHA JONEp MOUTRtE -
City Attorltey
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Mayor
State of CalIfornia )
County of Los Angeles ) ss
CIty of Santa MOllica }
I, Mana M Stewart, CIty Clerk of the CIty of Santa MOllIca, do hereby certlfy that the foregolllg
Ordinance No 1818 (CCS) had Its first readmg on October 10, 1995 and had Its second readmg
on October 10, 1995 and was passed by the followlllg vote
Ayes
CouncIl members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
RosensteIn
Noes
CouncIl members
None
Abstam
CounCil members
None
Absent
CounCIl members
None
ATTEST
"-
~J ~o.S
CIty Clerk '
PROOF OF PUILATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter, I
am the principal clerk of the printer of the
.....~.........,....................I.......~...~...
THE OUTLOOK
I............+..~............._.................~...
a newspaper of general circulation. printed
and publ ished .:P."'.~J;.X. !H\~t;.fX .~JllH?A X.
in the City of .~:rA.r.'QHJk^............
County of Los Angeles. and which
newspaper has been adjudged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California, under the date of..J~N"'..~~ 19 .~~.,
Case Number.. Al1.~J.~.....i that the notice,
of which the annexed Is a printed copy (set
In type not smaller than nonpareil), has
been published In each regular and entire
Issue of said newspaper and not In any
supplement thereof on the following dates,
to-wit:
OCT 25
...... ............1 ..... ....-111 ....... ....11............... ....
all in the year 19}.t.
I certify (or declare) under penalty of
pe'lury that the foregOing IS true and
correct .
Dated at
SANTA ~fONICA
....... ... .......,....................... :0.......
C I'f 'th' 25 d f OCT 95
a I n a. IS........... ~y OlA':'....., 19.....
~AF.t<L ~
., ~;;.iu~e' .. w. ( r.......
Free COltill ot tlllslll,nlc form m.v'" 'Kureel from'
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal AdvertiSing Cfearing House
POBox 3 1
Los Angeles CA 90053 refephone 625-2541
Pln'l reQunt G E N Ell:... L. Proof of Pu Itl ie'I'O"
when orelerinlJ 'h'l farm
This space is for the t,nR'Ee~~~~g Stamp
OF;ln (1F THE
rriY f,l ERK
"95 OCT 26 Am :OJ
SANT A MONICA. GAUr
. .
Proof of Publication of
,......,......................"4...........,............~
EO 10.148 '
City of Santa Moruca
Ordmance Number 1818 (CCSl
(CIt)' 9>uncll Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA BlttABLlSHING DEF1H1T1ONS OF
NIGHTCLUB AND RESTAURANT ON AN INTERDI BASIS
_ ANI) D~LARlNG THE PRESENCE OF AN EMERGENCY
Tbe foHowlIl.g IB a summary of Ordll!lln(:e Number 1818(C08) prepared by the
Office of the City Attorney
Ordmance Number 1818 (CeS, iB-anemergeney ordinance which ~bl.JabeB defiru-
tlons for "nightclub" and "restaurant." Section 1 of the Onbnilnce con~nB City Coun.
cII fimhngs, Includmg Ii findIng that it IS neceBlary W c1anfy the detilUUons Qf r'n!iht-
c1ybW and "restaurant" on lin mterlm basIS pendmg completion of the procel!l; to amend
the defillltlOlls contamed In the Zoning OrdInance The City CouncIl found that there
emts a current and Immediate threat to the pubhc health, safety, or welfare. from the
contmued use of the current defimtlons of these terms, and that the 18IIUll11ce of addt.
uonal administrative approvals, conditIOnal use pemuts, or other eRtidementa for use
mconSlstenL With the provlBlons of thIS Intenm Ordmance would result m a d\reat to
publiC health, Bafety, or wetfare ~
Semon 2' oftlJe Ordlna~ dlI'id!I the Plann~CoInoHsslOn ilDd ~ty Bt4ltT to~lllle
the folklwing ilefimtions of "nightclub" and "rellaurant" III the prpceulng of all
requests for admlnlstratlve approvals. ctmdltionil~use permIts or otber entItlement\! for
use
Butaurant Any bwldmg, !'110m, .q&CI!" or ppFWnhtbe~ where food IS Bold for
oonBUl1Iptfon j)n !lite, eltcept for use. qualllYmlI M lhCtdeli.taf tood Bervll~ A restaurant
may provide musIc or other el'l~nment j( fll tbere ~ _it d69m meal service pro-
Vided lit all times wlnle the entertainment IB tlllung place, (21 there IB no dancmg or
dance. floIJr, (3l there 1.8 no cover ~ or mlnl.mum dnnk purcluuie reqllU'ement, and
(4) the entertamment IS provided' Only In the dmmg areal! A relltaurant With enter-
tamment beyond the scope of these limitations dunng specified hours on a mihtl,)',
weeldy, or tither regular basis I!haII WlIG be conSIdered a lIighttlub and wch entertam....
ment use Bhall be pllOblbl~ unless ll. separate tombtJ.OAal 1IJ11! -permit for that mght--
club hall '*'n obtamed as of ApFlI 10, 1997 FeeB fOt" such apphcahons: shall be Wll!v&d
through that dll.t~
NIghtclub An establishment which provldea musIc. dlUl(ll'lg, Qr other e1l.ter-t.alnment,
and whIch may also serve food or .drink, but whl~h does not othel'Wllle qualify as "a
'""hart! or ~.restaurant.. '"
Ordmance Number 1818 tCCSi was adopted on October 10, 1995, and shall become
effective Immedlatel'r" Ordinance Number 1818 (CCS I, Ilecaulle It lB an interl1'il; '\!mer-
gency ordmance, Wlil be of no further force or effect 45 day.. from Its ll.doptlOtlUnleBB
extended m the manner reqUIred by lll.w
I, Mafia M Stewart, City Clerk, do hereby cemfy that Ordmanoe ;Number 1818
iCrSI had lts first readmg on October 10, 1995, and \\IllS pll8Sed by thlifolJowing vote
Ayea CounCil members. Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
Noes
Abstam
Absent
CounCil members
CounCil members
CounCil members
:SIMARIA M ST:e:WART
CIty Clerk
The full text of the above Ordmll.nce 16 available upon requeBt from the office of the
City Clerk, located at 1685 }lam Street, Room 102. Santa Momcll. phone (310)
458-8211
Pub. October 25, 199:1