HomeMy WebLinkAboutOrdinances - No. 1686ORDINANCE NO. 1686
AN ORDINANCE OF THE LODl CITY COUNCIL
ZONING, BY ADDING CHAPTER 17.73, RELATING TO
LIVE ENTERTAINMENT PERMITS
AMENDING LODl MUNICIPAL CODE TITLE 17 -
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BE IT ORDAINED BY THE LODl CITY COUNCIL AS FOLLOWS:
Section 1. Lodi Municipal Code Title 17 Zoning is hereby amended by adding
Chapter 17.73 Live Entertainment Permits, to read as follows:
Chapter 17.73
Live Entertainment Permits
Sections:
17.73.10 Intent - It is the intent of this chapter to provide for an administrative review
and approval process for specified live entertainment requests.
17.73.20 Permitted Live Entertainment Applications - Requests for Live Entertainment
permits shall be reviewed by the Community Development Director subject to the
following conditions:
A.
B.
C.
D.
E.
Musiclperformance may take place outdoors with an approved site
plan.
Any amplification of entertainment outdoors is limited to the hours of
8:OO a.m. to 9:00 p.m.
The entertainment shall be clearly incidental to the primary use of the
property (i.e. no stage or dance floor may exist).
No nuisance is created by reason of noise increased traffic or other
similar causes.
The property shall be a minimum three hundred feet (300') from a
residential zone.
17.73.30 Requirements for Application - A request for a Live Entertainment Permit
shall include a site plan, floor plan and any other information as deemed to be
necessary by the Community Development Director.
17.73.40 Reviewing Authority - The Community Development Director shall be the
reviewing authority under this chapter. All decisions shall be based on consideration of
all relevant information received and shall include findings granting or denying the
application .
17.73.50 Findings - In granting any Live Entertainment Permit, the Community
Development Director shall find that the establishment, maintenance or conducting of
the use will not, under the circumstances of the particular case, be detrimental to the
health, morals, comfort or welfare of persons residing or working in the neighborhood of
the proposed use, or to property or improvements in neighborhood, or will not be
contrary to the general public welfare.
17.73.60 Conditions - In acting upon any permit, the Community Development Director
may designate such regulations as a condition of the action as may be deemed
necessary for the protection of the general public welfare, any violation of which
regulations shall automatically invalidate the permit, as the case may be. Permits shall
be granted to the applicant only, and shall not be transferable by the applicant and may
be limited as to their duration.
17.73.70 Appeals to Planning Commission - All decisions of the Community
Development Director, including the applicability of this chapter, shall be subject to
appeal to the Planning Commission, by written request, within ten days after the
decision.
17.73.80 Live Entertainment Permit Fee - The filing of an application for a Live
Entertainment Permit with the Community Development Director shall be accompanied
by the payment of a filing fee as set and established from time to time by resolution of
the City Council. No part of such filing fee is returnable.
Section 2. - No Mandatory Dutv of Care. This ordinance is not intended to and shall not
be construed or given effect in a manner which imposes upon the City, or any officer or
employee thereof, a mandatory duty of care towards persons or property within the City
or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
Section 3. - Severability. If any provision of this ordinance or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable.
The City Council hereby declares that it would have adopted this ordinance irrespective
of the invalidity of any particular portion thereof.
Section 4.
insofar as such conflict may exist.
All ordinances and parts’ of ordinances in conflict herewith are repealed
Section 5. This ordinance shall be published one time in the “todi News Sentinel”, a
daily newspaper of general circulation printed and published in the City of Lodi and shall
be in force and take effect thirty days from and after its passage and approval.
Approved this 5‘h day of January, 2000
STEPHEN J. M&NN
Mayor
Attest:
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
1686 was introduced at a regular meeting of the City Council of the City of Lodi held
December 15, 1999 and was thereafter passed, adopted and ordered to print at a
regular meeting of said Council held January 5, 2000 by the following vote:
AYES: COUNCIL MEMBERS - Hitchcock, Land. Nakanishi
NOES: COUNCIL MEMBERS - Pennino
and Mann (Mayor)
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1686 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
City Clerk
Approved as to Form:
RANDALL A. HAYS
City Attorney