SR-8-B (125)
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f:ppd\share\ccreport\nlteclub
CouncIl Meeting: August 8, 1995
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Santa MonIca, California
TO: Mayor and CIty Council
AUG 0 8 mss
FROM: CIty Staff
SUBJECT: OrdInance for IntroductIon and First Reading AmendIng
SectIon 9.04.02.030, DefInItions, of the Santa Monica
MuniCIpal Code to Amend the EXIstIng NIghtclub and
Restaurant DefInItIons.
INTRODUCTION
The proposed ordInance would amend the defInition section of the
Municipal Code to clarIfy the existing defInItIons for nightclubs
and restaurants.
BACKGROUND
In order for an establishnent to legally operate as a nIghtclub, it
must first obtaIn a CondItIonal Use PermIt (CUP) I WhIch allows the
PlannIng CommISSIon to Impose condItIons of approval In order to
prevent the establishment from negatively ImpactIng the adjacent
neIghborhood. NIghtclubs are condItIonally permitted in the RVe,
C3, C3C, C4 and C6 DistrIcts.
However, several eXIsting
establishments that were approved as restaurants but operate as
nightclubs during evenIng hours dId not obtain a CUP to operate as
a nightclub.
In revieWIng the ~atter, staff determined that the
existIng def ini tions "lere not suffIcIently clear to require a
restaurant operator to obtain a cUP for nightclub related
activities. Therefore, staff determined It was necessary to amend
the ordInance to clarIfy thIS ISSUe.
ComplaInts received from
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residents surrounding spec1fic establishments relate to noise
impacts from patrons entering and eXltlng the establ1shments, loud
music, and dIsturbances 1n the late night hours.
ANALYSIS
In reviewing the eX1st1ng n1ghtclub and restaurant definitions,
staff determ1ned it was necessary to modify the defin1t1ons in
order to clarify the dlstlnct10n between nightclubs and restaurants
and to prevent eXIst1ng restaurants from operating as nightclubs
without proper approvals. The eXIst1ng n1ghtclub and restaurant
defin1tions are as follows:
Nightclub. An establ1shment which primarily offers live
enterta1nnent or danc1ng and vlhich may serve food or
beverages.
Restaurant. Any bU1ld1ng, room, space or portIon thereof
where food 1S sold for consumpt1on on slte. A restaurant
does not 1nclude inc1dental food service.
Due to the fact that the eX1st1ng nightclub defInit10n states that
a nightclub may serve food or beverages, and the exist1ng
restaurant def1n1tIon does not specify or limit the type of
entertaInment that ~ay occur 1n a restaurant, these definitions do
not prov1de a clear dist1nct1on betvleen the two types of uses.
Th1S amb1guIty results in sltuat10ns where a restaurant may operate
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as a n1ghtclub. In order to clarify the d1stinction between the
two uses, staff 1S recommending that the definit10ns be amended to
read as follows:
Nightclub. Any establ1shment such as a bar, d1scotheque,
restaurant, or similar facility Wh1Ch, at all tImes or
dur1ng specif1ed hours I provldes dancing or entertainment
as the pr1ncipal use. Nightclub includes a restaurant
whlch offers entertalnF.'ent beyond the llmitations set
forth 1n the def Inl tlon of Itrestaurantll 1n Sect10n
9.04.02.030. Typlcal characteristlcs of a nightclub
include, but are not limited to, the chargIng of a cover
charge, lIm1 ted or no food service, a dance floor or
stage, anplified Music, and a Minl.mum drink purchase
requlrement.
Restaurant. Any bUl.ldlng, room, space or portl.on thereof
where food lS sold for consumption on SIte, except for
uses qualifying as incIdental food service. A restaurant
may provl.de mUSIC or other entertal.nment l.f: (1) there
is full meal serVIce avallable at all times whl.le the
enterta1nment 1S taklng place; (2) there lS no dancing;
and (3) the entertaIn~ent IS prOVIded only In the room(s)
in which the serVlce of food 1S the prlInary business
act1 Vl ty. A restaurant ~.J i th entertainment beyond the
scope of these IlDltations dur1ng speCIfIed hours on a
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nightly, weekly, or other regular basis shall also be
cons1dered a nightclub and such entertainment use shall
be proh1b1ted unless a separate conditional use permit
for that nlghtclub use has been obtalned.
Due to the prev10usly stated problems w1th eX1stlng restaurants,
and the need to address these 1ssues exped1tiously, the proposed
amendments to the nlghtclub and restaurant deflnitions have been
brought to city Council 1n advance of a larger group of definltion
amendments, Wh1Ch is currently scheduled to be reviewed by the C1ty
Council 1n the early fall.
BUDGET/FINANCIAL IMPACT
The recommendat1on presented 1n th1S report does not have any
budget or f1nanc1al lmpact.
RECOMMENDATION
It 1S recommended that the C1ty Council hold a public hearing and
1ntroduce for f1rst read1ng the attached ordinance amend1ng
Mun1C1pal Code Sectlon 9.04.02.030 regardlng zoning Ord1nance
Definitions.
Prepared by:
Suzanne Fr1ck, peD D1rector
Karen G1nsberg, Plannlng Manager
Davld Martln, Associate Planner
Attach1"lent:
A.
Proposed Ordinance
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