HomeMy WebLinkAboutAgenda Statement 1988/07/12 Item 18
COUNCIL AGENDA STATEMENT
Item ~ 18
Meeting Date &121/88 7/I;./n
Public Hearing: PCA-88-5; Consideration of proposed
amendments to Chapters 5.26,19.04,19.32,19.36,19.38,
19.40, and 19.58 of the Municipal Code relating to the
1 i censing of dance permi ts SECOND READiNG AI~D t\OOPTlON
Ordinance ~~13 Amending Chapters 5.26,19.04,19.32,
19.36,19.38,19.40, and 19.58 of the Municipal Code relating
to the licensing of dance permits
SUBMITTED BY: Planning Director (Ol,t
REVIEWED BY: City Manager~
ITEM TITLE:
(4/5ths Vote: Yes No X )
On December 3, 1987, the City Council requested that staff review existing
Code regul ati ons surroundi ng the granti ng of dance permi ts, parti cul arly as
they rel ate to the granti ng of permi ts only for those busi nesses that qual i fy
as "bona fide eating places.lI
A total of 17 dance permits presently exist within the City, seven of which
are located within the recently annexed Montgomery community (see Exhibit B).
RECOMMENDATION: That Council:
1. Adopt Negative Declaration IS-88-68.
2. Adopt a moti on to enact an ordi nance amendi ng Titl es 5 and 19 of the
Municipal Code relating to the licensing of dance permits as listed in
Exhibit A attached hereto.
BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission at its meeting
of May 11, 1988, voted to recommend adoption of the proposed ordinance.
DISCUSSION:
In an effort to bring zoning and licensing requirements for dance floor
permi ts into consi stency between the Ci ty and the recently annexed ~~ontgomery
area, specific amendments to the Chula Vista Municipal Code are proposed. The
County of San Diego zoning regulations, which have been retained within the
Montgomery area per pre-annexation agreements, permit "eating and drinking
establ ishments, II which include dance floors, in all commercial zones except
the C-38, C-40, and C-44 zones.
Page 2, Item 2!f' 18
Meeting Date~ '11ft-1ft
Chapter 5.26 (Public Dances) of the Chula Vista Municipal Code now governs
licensing requirements for dance floor permits within the City, including the
Montgomery area. Section 5.26.100 requires that a business establishment
qua 1 i fy as a "bona fi de eati ng place II in order to obtain a dance permi t. The
elimination of this requirement will provide consistency throughout the City,
including Montgomery. The dance floor permit process for the City (including
Montgomery) requires the submission of a permit request through the Police
Depa rtment.
Mr. Pete Case, District Administrator for the State Office of Alcoholic
Beverage Control (ABC), issuing authority for 1 iquor 1 icensing, states that
licenses for liquor sales with dancing or live entertainment are customarily
not issued within high crime areas unless the establishment serves food. Mr.
Case further indicates, however, that no high crime areas have been identified
within the City of Chula Vista and, therefore, all permit requests are not
limited to food service requirements by their agency. If a dance floor permit
or live entertainment is proposed, a separation requirement between the
business parking lot and the nearest residential structure of 100 feet is
required. This system of control adds further protection from potential
conflicts between residential and commercial land uses.
Mr. Bill Winters, Director of Public Safety, indicates that the Police
Department sees no justification for tying dancing in a premise to a
- requirement that it be a "bona fide eating place." As this requirement,
adopted in 1968, was intended to control the proliferation and concentration
of establishments with dancing facilities the number of permits (7) that have
been issued within the Montgomery area, where this limitation does not occur,
has not resulted in an inordinate number of permits. Nor has any problem, in
general, surfaced in the City of Chula Vista relative to dancing. This
ordi nance request has also been revi ewed by the City Attorney I s offi ce and
they have no problem with the language revisions proposed.
FISCAL IMPACT: None.
WPC 5220P
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