HomeMy WebLinkAboutMINUTES - 01171995 - 2.1 Y
TO: BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel KTK
By: Kevin T. Kerr, Deputy County Counsel
DATE: January 11, 1995
SUBJECT: Proposed Cabaret Ordinance
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 . That the accompanying draft Cabaret Ordinance be referred
to the Community Development Department, Planning Commission, and
Sheriff ' s Department for review and comment.
2 . That, following said review and comment, the Board of
Supervisors further consider and possibly adopt a proposed Cabaret
Ordinance.
BACKGROUND
Pursuant to the Board of Supervisor' s direction, the County
Counsel, following meetings . with the Community Development
Department and the Sheriff ' s Department, has written the attached
draft Cabaret Ordinance for consideration.
The draft ordinance should be formally reviewed and comments
provided, among others, as to whether its scope should be limited
in any particulars and any express provision made for infrequent
nonprofit charitable cabaret type activities .
CONTINUED ON ATTACHMENT: YES SIGNATUR67V
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON January 17, 1995 APPROVED AS RECOMMENDED X OTHERXX
See attached addendum for Board action.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig:County Counsel ' s Office ATTESTED January 17, 1995
cc: Sheriff ' s Department PHIL BATCHELOR, CLERK OF
Community Development Department THE BOARD OF SUPERVISORS
CONTACT: Kevin Kerr, Deputy County Counsel AND COUNTY ADMINISTRATOR
(646-2066) �
BY , DEPUTY
df(1): cabaret.mem
ADDENDUM TO ITEM 2.1 FROM THE 1-17-95 BOARD AGENDA
The Board added the Regional Planning Commissions to the referral
of the above proposed ordinance, asking them to centralize their
recommendations to the County Planning Commission.
The Board further requested the County Planning Commission to
receive public testimony and provide the Board with its comments
"and to try to provide some latitude for infrequent, charitable or
other non-profit activities in this area.
The Board further requested the County Planning Commission to
consider the possibility of an annual review of all such permits .
ORDINANCE 95-
(Cabarets)
The Contra Costa County Board of Supervisors ordains as
follows (omitting the parenthetical footnotes from the official
text from the enacted provisions of the County Ordinance Code) .
SECTION I . Chapter 82-34 is added to the Contra Costa County
Ordinance to read as follows :
CHAPTER 82-34 CABARETS
Article 82-34 . 2 General
82-34 .202 Purpose. This chapter requires and provides
criteria for the consideration and approval of land use permits
before the establishment of cabarets in any land use zoning
district of this county. The County finds it necessary to
establish land use permit requirements and criteria in the
interest of the public health, safety and welfare for the
establishment of cabarets . This chapter alone does not allow or
permit cabarets, but only applies to cabarets where otherwise
allowed or permitted within an involved applicable land use
zoning district. This chapter does not authorize the
establishment of cabarets in any land use district where they are
not otherwise allowed or permitted by the applicable involved
zoning district' s regulations .
(Ord. 95- . )
Article 82-34 .4 Definitions
82-34 .402 Definition of Cabaret. "Cabaret" means any place
where the public is admitted, where entertainment is furnished by
or for any patron or guest present upon the premises, including,
but not limited to singing, vaudeville and dancing, and where
liquid refreshments or foods are sold; except where the only
entertainment furnished is by recording machine, commonly known
as a jukebox, and dancing is not permitted.
(Ord. 95-_. )
82-34 . 404 Limited Definition of Cabaret. The definition
of cabaret in section 82-34 .402 is limited to this chapter, and
does not apply to or supersede other definitions of cabaret,
including the definition of cabaret in section 88-12 .404 (6 ) .
(Ord. 95-_- )
Article 82-34 . 6 Applications
82-34 .602 Application Contents . In addition to the
applicable requirements of chapters 26-2 and 82-6 and the
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ORDINANCE NO. 95-
involved zoning district, an application for a land use permit
approving a cabaret shall contain the following information:
( 1) A description of where the proposed cabaret is to be
located on the subject property, including a description of the
building or structure within which the cabaret is to be located;
(2) If alcohol is to be sold to patrons or guests, a
description of applicable alcohol beverage licenses;
(3) The true name and complete address of each owner of the
building or structure within which the proposed cabaret is to be
located;
(4) The true name and complete address of each lender,
shareholder with 5 percent (5%) or more financial interest in the
proposed cabaret, and any other person to whom a share or income
of the cabaret is to be paid;
(5) A description of the entertainment, to be furnished at
the proposed cabaret;
(6 ) A description of all proposed cabaret activities;
(7) If dancing is intended at the proposed cabaret, a
description of the area where dancing is to occur; and
(8) A description of the security measures planned for the
proposed cabaret, including on-site supervision.
(Ord. 95-_. )
Article 82-34 . 8 Land Use Permits
82-34 . 802 Requirement. No cabaret shall be established and
maintained unless and until a land use permit is first obtained
pursuant to this chapter and maintained in full force and effect.
82-34 . 804 Additional Findings . In addition to the findings
established in Article 26-2 .20, no land use permit for a cabaret
shall be issued unless the following findings are made:
( 1) The cabaret will not adversely affect the health,
safety, and welfare of the surrounding community;
(2) The cabaret will not significantly increase the demand
for police services;
(3) The cabaret will not produce an undue concentration of
cabarets in the surrounding community;
(4) The cabaret will not detrimentally affect nearby
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ORDINANCE NO. 95-
r
residentially zoned communities;
(5) The cabaret will not be unduly close to residences,
schools, youth centers, playgrounds, public parks and other
similar locations frequented by children and their families; and
(6) The cabaret will include adequate security measures and
on-site supervision.
(Ord. •95-_. )
82-34 . 806 Granting. Land use permits for the special
cabaret uses enumerated in this chapter may. be granted as
provided and required by this chapter and in accordance with
chapters 26-2 and 82-6 .
(Ord. 95-_. )
SECTION II . Effective Date. This ordinance becomes effective 30
days after passage, and within 15 days after passage shall be
published once with the names of supervisors, voting for and
against it in the , a newspaper published
in this County. (Gov. Code, 25123 & 25124 . )
PASSED ON by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By:
Deputy Board Chair
[SEAL]
df(1): cabaret.ord
3.
ORDINANCE NO. 95-