HomeMy WebLinkAboutORDINANCES - 04251995 - 95-20 /,3D
ORDINANCE 95- 20
(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. 95-2 0.)
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, where liquid refreshments or foods are sold, and where the seating
capacity is 50 or more (as determined by the Director of Community
Development); except where the only entertainment furnished is by recording
machine, commonly known as a jukebox, and dancing is not permitted.
(Ord. 95- 2,0 )
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-_2.0)
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Article 82-34.6 Applications
82-34.602 Non-Conforming Use. Upon the effective date of this ordinance,
any person who claims or believes he or she has established a legal non-
conforming use to maintain a cabaret shall, within sixty days of the effective date
of this ordinance, provide written evidence describing the extent and scope of such
use to the Director of the Community Development Department. To the extent
such legal non-conforming use has been established and continued after the
effective date of this ordinance, all applicable permits and licenses must be
maintained in full force and effect and the use may not be increased, enlarged or
expanded without a land use permit as provided in this chapter.
(Ord. 95-2 o)
82-34.604 Application Contents. In addition to the applicable requirements
of chapters 26-2 and 82-6 and the 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 and the number of seats therein;
(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 (50/6) 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-?e >
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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.
(Ord. 95-2 0.)
82-34.804 Exception for Charitable and.Non-Profit Organizations. No land
use permit is required where a charitable and\or non-profit organization operates
a cabaret on an infrequent basis (which in no event shall exceed 12 days per year).
(Ord. 95-22 0.)
82-34.806 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 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. 95-20)
82-34.808 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- 2 0)
82-34.810 Annual Review. There shall be a permittee-initiated annual
review by the Zoning Administrator to determine if each cabaret granted a land
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use permit under this chapter is in compliance with the terms and conditions of
the land use permit. The permittee may be charged a fee as fixed by the Board of
Supervisors for that purpose. The annual review by the Zoning Administrator to
determine compliance may be with or without a public hearing. If the Zoning
Administrator determines that a cabaret is not in compliance with the terms and
conditions of the land use permit, the Zoning Administrator may initiate action
against the permittee as otherwise provided by this Code.
(Ord. 95-2 Q)
SECTION II. Effective Date. This ordinance becomes effective 30 days after
passage, and within 15 days after passage shall be publishedqce with the names
of supervisors, voting for and against it in the Contra Costa, a newspaper
published in this County. (Gov. Code, §§ 25123 & 25124.)
PASSED ON April 25 , 1995 , by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board d County Administrator
By: a
Dep ty Board Chair
[SEAL]
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