The URL can be used to link to this page

Home My WebLink About1980 URGENCY ORDINANCE NO. 1980 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, IMPOSING A MORATORIUM ON ALL LAND USE AUTHORITY, PERMITS, LICENSES AND ENTERTAINMENT PERMITS THAT AUTHORIZE KARAOKE AND KARAOKE TELEVISION AS A PERMITTED OR ANCILLARY USE AND ACTIVITY IN THE CITY OF ARCADIA; DIRECTING A STUDY; AND DECLARING AN URGENCY REQUIRING THE MORATORIUM (4 VOTES REQUIRED) THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. This Urgency Ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health and safety of the people of the city of Arcadia and shall take effect immediately upon its adoption in accordance with Arcadia City Charter Section 415. This Urgency Ordinance is also promulgated pursuant to the provisions of California Government Code Section 65858 as an Urgency Interim Zoning Ordinance. This Urgency Ordinance is based on the findings set forth below showing that there is a current and immediate threat to the public health, safety and welfare and that the approval of karaoke without applicable zoning ordinances and other regulatory provisions will result in a threat to public health, safety and welfare. Further, it is determined that the moratorium imposed by this Urgency Ordinance is enacted to protect and preserve the public health, safety and welfare of the local business community and residents of the city pending completion of a Planning Department study of the subject. These findings and determinations are based on the following and other related factors: 1 1980 a. The City has become aware of potential problems with karaokejKTV studios and uses throughout the City and that they may have a detrimental impact on surrounding properties with a potential of increasing this negative impact in the future. b. The City has been receiving an increasing number of applications for karaokejKTV studios and also for karaoke as an incidental use in conjunction with bars and restaurants. without appropriate regulations, the city has determined that there is a current and immediate threat to the public welfare, and the approval of permits and entertainment licenses for such uses would result in a threat to the public welfare. c. Certain public problems related to karaoke are of increasing concern to the city and its Police Department as set forth in the report of October 14, 1992 incorporated as part of this Urgency Ordinance. These have a negative effective 9n land use, and on the current health, safety and welfare of the community. d. Although some review and study of karaoke has occurred, in view of actual experience and the proliferation of this use, additional study and review is necessary to properly develop appropriate land use provisions, and police power regulations to adequately regulate such uses. e. Preservation of the status quo is necessary to adequately address the numerous problems that emanate from karaoke without the allowance of such establishments and uses pending study and review so as to avoid the deleterious affects and potential problems 2 1980 caused by such uses. SECTION 2. PURPOSE. The purpose of this Urgency Ordinance is to preclude those uses defined below because it would contrary to the findings set forth above to allow such uses pending the study, review and processing of code amendments to regulate such . uses. Current allowance would permit evasion of the above concerns and future regulatory provisions of the city including zoning laws. Current allowance would defeat, in whole or in part, the ultimate objective of prospective code amendments. SECTION 3. PROHIBITION. Upon the effective date of this Urgency Ordinance no entertainment licenses and permits or business licenses shall be issued authorizing karaoke/KTV studios and no application for such a permit or license shall be accepted. This prohibition also applies to any City permits applicable to Karaoke and karaoke/KTV as a incidental or ancillary use. While this Urgency Ordinance is in effect, . no person, firm, partnership, corporation, company, or organization of any kind shall commence or construct, or attempt to commence or construct, any karaoke/KTV studios, or expansion thereof, or to commence the operation of any of the above referenced uses in the City of Arcadia. SECTION 4. DEFINITION. For purposes of this Urgency Ordinance, the terms karaoke and karaoke/KTV are deemed synonymous. They include karaoke as a main use via a particular business or studio and/or an ancillary or incidental use to another business or commercial enterprise. For purposes of this Urgency Ordinance, karaoke shall denote that activity commonly known as karaoke with 3 1980 the general attributes of that activity as currently understood within the Southern California community. Generally, it refers to members of the public (a group or individuals) singing to the accompaniment of pre-recorded music with or without the video presentation of words on a screen. SECTION 5. MISDEMEANOR VIOLATION. No person shall violate any provision, or fail to comply with any of the requirements of this Urgency Ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Urgency Ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this Urgency Ordinance shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the City Jailor County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the Urgency Ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 6. PUBLIC NUISANCE. In addition to the penalties provided in the preceding section, any condition caused or permitted to exist in violation of any of the provisions of this Urgency Ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continued shall be regarded as a new and separate offense. 4 1980 SECTION 7. SEVERABILITY. If any section, subsection, qsentence, clause, phrase or portion of this Urgency Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance. SECTION 8. STUDY. The Planning Department is directed to continue its review and to study potential regulations for karaoke. SECTION 9. The City Clerk shall certify to the adoption of this Urgency Ordinance and shall cause a copy of the same to be published in the official newspaper of said city within fifteen (15) days of the adoption hereof. This Urgency Ordinance is effective immediately upon its adoption and shall be in full force and effect up to forty-five (45) days from its adoption, and thereafter for up to ten (10) months and fifteen (15) days if extended by action of the Council at a noticed public hearing. Passed, approved and adopted this ober, 1992. ,: ATTEST: "'\';,>"-~-- -,> " > of the City 0 ~; .. ~.~. \\ I ~., ...AJI- . h;X ci Clerk of t . :City'-of Arcadia 5 1980 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, JUNE D. ALFORD, City Clerk of the city of Arcadia, hereby certify that the foregoing Ordinance No. 1980 was passed and adopted by the City Council of the city of Arcadia, signed by the Mayor and attested to by the city Clerk at a regular meeting of said Council held on the 27th day of October, 1992 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Ciraulo, Lojeski, Margett and Fasching NOES: None ABSENT: Councilmember Harbicht h of Arcadia ci '. -6- , . 1980