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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
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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
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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.
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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
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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
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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
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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