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HomeMy WebLinkAbout1983 URGENCY ORDINANCE NO. 1983 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, IMPOSING A TEMPORARY 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 OF 10 MONTHS AND 15 DAYS (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 1 1983 and other related factors: a. The City has become aware of potential problems with karaoke/KTV 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 karaoke/KTV 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 on 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 2 1983 so as to avoid the deleterious affects and potential problems caused by such uses. f. Subsequent to the adoption of Urgency Ordinance No. 1980, the City continued to study and review the problems emanating from karaoke. Additional time is necessary to accomplish the purposes set forth in section 2 below. 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 karaokejKTV 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 karaokejKTV 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 karaokejKTV studios, or expansion thereof, or to commence the operation of any of the above referenced uses in the City of Arcadia. 3 1983 SECTION 3a. EXEMPTION: Events or activities that are of private social type without the attributes of a reoccurring commercial use shall not be subject to the above prohibition. Any person or entity deemed by the city Licensing Officer to be subject to the prohibition, may seek this exemption by appealing to the City council. Such an appeal shall be initiated by a written letter to the city council via the city Manager's Office. Council shall consider the matter as an agenda item with opportunity for interested parties to be heard. 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 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 4 1983 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. SECTION 7. SEVERABILITY. If any section, subsection, sentence, 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. EFFECTIVE DATE. 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 5 1983 Ordinance is adopted immediately and shall take effect on December 11, 1992 and shall be in full force and effect up to ten (10) months and fifteen (15) days from its adoption. Passed, approved and adopted this 1st day of ci the City of Ar ATTEST: . -..- -..01 , 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 Urgency Ordinance No. 1983 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 1st day of December, 1992 and that said Urgency Ordinance was adopted by the following vote, to wit: AYES: councilmember Ciraulo, Harbicht, Lojeski, Margett and Fasching NOES: None ABSENT: None ~ ci erk of 6 1983 REPORT OF CITY COUNCIL REGARDING INTERIM ORDINANCE DECLARING A MORATORIUM WITH REGARD TO KARAOKE ACTIVITY This report is approved, adopted and hereby issued by the city Council of the City of Arcadia pursuant to California Government Code Section 65858(d). Pursuant to Ordinance No. 1980 adopted by the Arcadia city Council on October 27, 1992, the Planning Department was directed to continue its review and to study potential regulations for karaoke. Additionally, the Planning Department is seeking information through the Police Department concerning this activity and a possible legislative approach. As set forth in the attached memoranda from the Planning Department and Police Chief, steps are underway to alleviate the conditions which led to adoption of the urgency ordinance provisions. Dated: December 1 , 1992 the City of ia APPROVED AS TO FORM: muLl /1 ~ Michael H. Miller City Attorney memotanJum From: Mr. Don Duckwort~ City Manager Neal R. JOhns:~~~~ef of Police William Woolard, Planning Director~ To: Subject: Moratorium on Karaoke Date: October 14, 1992 Overview: Karaoke Television entertainment within characteristics which rooms for facilitating (KTV) is a relatively new the City. It has its own in some cases include the use of this entertainment. form of unique private In all of the entertainment, beverages or consumption of premises in the City which currently have Karaoke customers are allowed to purchase alcoholic there is a license authorizing the sales and/or such beverages. At present, there are no Municipal Code provisions to directly regulate Karaoke Television uses. Background: On October 20, 1991, a shooting took place at the Szechwan Restaurant on Santa Anita Avenue, which was believed to be gang related. The Szechwan has Karaoke entertainment. Further, in August 1992. three persons were killed in a traffic accident at Huntington and Holly. These persons had been drinking at the Szechwan prior to the collision. On October 4th, 1992, a gang related shooting took Rhythm Karaoke Lounge in the rear of the Cheyenne This location has established individual rooms entertainment. place in the Supper Club. for Karaoke During our Restaurant when they has Karaoke most recent "alcoholic beverage sting,. the Tokyo Wako was cited for sales of alcoholic beverages to a minor sold to our undercover operator. This location also entertainment. We have received very reliable information that some Karaoke establishments are violating Alcoholic Beverage Control laws. It has been brought to our attention, that there are at least five Karaoke entertainment facilities currently operating within the City of Arcadia. Karaoke Entertainment Page 2 . The locations of which we have knowledge are: 1. Tokyo Wako Restaurant 2. Love Boat Restaurant 3. Szechwan Restaurant 4. Rhythm Lounge (Cheyenne Supper Club) 5. Kumquat Tree Vocal 401 E. Huntington Drive 14 E. Huntington Drive 100 N. Santa Anita Ave. 101. S. First Avenue 612-614 E. Live Oak Ave. Our research with other law enforcement agencies who have dealt with Karaoke entertainment locations has documented continual problems with alcoholic beverage violations, prostitution, gang congregation and disturbances. In a memorandum date March 30, 1992, City Attorney Michael Miller provided information to the Council dealing with the potential regulation of Karaoke Studios. Mr. Miller commented at the time that the conditional use permit approach to regulation could be an option if problems could not be dealt with by certain other means. A copy of Mr. Miller's memorandum is attached for reference. It is our belief that Municipal Code and/or conditional use permit restrictions should be drafted to deal with Karaoke Television entertainment (KTV). Recommendation: We recommend that the City Council adopt an urgency ordinance placing a moratorium on the operation of any new Karaoke entertainment in the City. The moratorium will allow time for the Police, City Attorney and Planning Department to study this issue and prepare possible zoning proposals and related regulatory p ovis ns regarding use of property for Karaoke. h, City Manager Approved: cc: City Attorney