ordinance amending municipal code section 9.16 07-02-13-2.pdf

7/28/2019 Ordinance amending Municipal Code Section 9.16 07-02-13-2.pdf

1/7162

City CouncilAgenda Item Summary

Meeting Date: 2 July 2013Prepared by: Marc Wiener, Senior Planner

N arne: Consideration of an ordinance amending Municipal Code Section 9.16 allowinf for theplaying ofmusic instruments where alcoholic beverages are sold or served. (2n Reading)Description: The purpose of this hearing is to adopt an ordinance (2nd Reading) amending CMCsection 9 16, which allows for the playing of ive music at establishments where alcoholic

beverages are sold or served.Staff Recommendation: Adopt the 2nd Reading of the Ordinance.Important Considerations: In 2005 the City Council adopted CMC section 9.16,Entertainment in Liquor Establishments on a temporary basis of three years. The

ordinance was reauthorized on 7 October 2008, but expired on 6 November 2011. Theordinance has been prepared for adoption by the City Council and amended to eliminatethe sunset clause, but includes a 10 year expiration date on live music permits.

Decision Record: On 4 June 2013 the City Council adopted a first reading of an ordinanceamending Municipal Code Section 9.16.Attachments:

StaffReport Ordinance CMC 9.16

Reviewed by :

Jason ~ d m i n i t r a t o r Date


2/7163

CITY OF CARMEL-BY-THE-SEADEPARTMENT OF COMMUNITY PLANNING AND BUILDING

STAFF REPORTTO: MAYOR BURNETT AND COUNCIL MEMBERSFROM: MARC WIENER, SENIOR PLANNERTHROUGH: JASON STILWELL, CITY ADMINISTRATORDATE: JULY 2, 2013SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING MUNICIPAL CODESECTION 9.16 ALLOWING FOR THE PLAYING OF MUSIC INSTRUMENTSWHERE ALCOHOLIC BEVERAGES ARE SOLDOR SERVED. (2NReading)

BACKGROUND/PROJECT DESCRIPTIONOn 4 June 2013 the City Council adopted a first reading of an ordinance allowing live music,which had expired on 6 November 2011. The original code had a three year sunset clause. Thecode has been amended to eliminate the sunset clause, but place a 10 year expiration date onindividual live music permits. The revised Code gives staff the authority to re-issue the permitafter 10 years or forward it to the Planning Commission for a decision. The title of the ordinancewas also revised to eliminate the section stating "and other live entertainment". This section ofthe title was revised since the ordinance primarily addresses live music and no other forms oflive entertainment.The Council previously adopted a time extension of the live music urgency ordinance to be inplace until the permanent ordinance goes into effect. The permanent ordinance will go intoeffect 30 days after its adoption. At that time the urgency ordinance will expire.RECOMMENDATIONAdopt an ordinance (2nd Reading) amending Municipal Code Section 9.16 allowing for theplaying ofmusical instruments where alcoholic beverages are sold or served.


3/7164

ORDINANCE NO.CONSIDERATION OF AN ORDINANCE AMENDING MUNICIPAL CODE SECTION9.16 ALLOWING FOR THE PLAYING OF MUSIC INSTRUMENTS WHERE

ALCOHOLIC BEVERAGES ARE SOLD OR SERVED

Recitals/FindingsWHEREAS, the City of Carmel-by-the-Sea is a unique coastal community that pridesitself in its community character; andWHEREAS, the City has adopted a General Plan and Municipal Code that strive toprotect the village character through clear policies and regulations that guide property owners inthe protection of the residential character; andWHEREAS, on 6 September 2005 the City Council adopted Ordinance 9.16Entertainment in Liquor Establishments that expires every three years and allows live music atappropriate locations in the commercial district; andWHEREAS, on 7 October 2008 the City Council reauthorized Ordinance 9.16 for anadditional three years to 6 November 2011 and the Ordinance has expired; andWHEREAS, the City Council wishes to amend Ordinance 9.16 to eliminate theexpiration of its provisions; andWHEREAS, on 4 June 2013 the City Council adopted a first reading of an Ordinance

amending Municipal Code Section 9.16 Entertainment in Liquor Establishments; andWHEREAS, the proposed ordinance is categorically exempt from CEQA under 15305Minor Alterations in Land Use Limitations and because application of the noise standards of17.14.5.0 as well as the required special and standard Use Permit finding would not result in asignificant impact to the environment.NOW, THEREFORE, THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEA

DO ORDAIN AS FOLLOWS:Adopt an ordinance amending Municipal Code Section 9.16 allowing for the playing of

musical instruments where alcoholic beverages are sold or served (See Exhibit "A").Section 1. The People of Carmel-by-the-Sea find that all Recitals/Findings are true andcorrect and are incorporated herein by reference.

1


4/7165

Section 2. SeverabilityA. If any provision of this Ordinance or the application thereof to any person orcircumstance is held invalid, the remainder of the Ordinance, including the application ofsuch part or provision to other persons or circumstances, shall not be affected thereby andshall continue in full force and effect. To this end, provisions of this Ordinance areseverable.B. The City Council hereby declares that it would have passed each section,subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of thefact that any one or more sections, subsections, subdivisions, paragraphs, sentences,clauses or phrases be held unconstitutional, invalid or unenforceable.

Section 3. The City Clerk is directed to publish this Ordinance in the manner and in the timerequired by law.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CARMEL-BY-THE-SEAthis day of July, 2013, by the following roll call vote:

AYES:NOES:ABSENT:

APPROVED:

JASON BURNETT, MayorATTEST:

HEIDI BURCH, City Clerk

2


5/7166

to the public, without first obtaining a use permit issued by the Planning Commission. Inapproving such permits the Commission shall consider all of the following:I. Use permits authorizing live music within any business establishment selling orserving alcoholic beverages shall be approved only for properties located in theCentral Commercial (CC) and Service Commercial (SC) districts. Within theResidential and Limited Commercial (RC) and Multifamily Residential (R-4)districts such permits shall be approved only for existing restaurants and bars locatedwithin hotel/motel establishments.2. A noise management plan, submitted by the applicant, shall (a) identify all noisesensitive uses located within 200 feet of the proposed location (e.g., residences,residential care facilities, libraries, medical facilities), (b) establish the method bywhich noise impacts, including, but not limited to, music and patron noise fromwithin the facility as well as patrons/pedestrians outside of the facility on theadjacent public sidewalk/street, will be regulated to avoid disruption to theimmediate neighborhood and (c) identify the method for compliance with CMC17 .14.050 (G)(l ), noise restrictions.3. An acoustical evaluation shall be prepared to qualify the noise levels and tosuggest appropriate attenuation measures specific to the site.4. Music performances shall be limited to hours between noon and 10:00 p.m. daily.The Planning Commission may establish fewer hours to address specificcircumstances unique to each site and permit.5. A summary sheet of basic use permit requirements (allowed days, allowed hours,special mitigations) shall be posted on the premises or shall be available immediatelyupon request by any enforcement officer of the City. Permittees shall be monitoredfor use permit compliance by the City. Permittees shall be informed of violations andimmediate compliance shall be sought and attained. Failure to comply and/orrepeated violations shall be cause for the City to schedule a revocation hearing withthe Planning Commission. At such hearings the Commission may:

a. Require changes in the noise mitigation plan;b. Establish new permit conditions on hours, days, or operationalcharacteristics; orc. Revoke the permit.

Any three violations within any 12-month period shall require revocation of the usepermit by the Planning Commission.Use permits authorizing live music shall expire 10 years from the date ofissuance. Staff has the authority to either re-issue the permit or forward it tothe Planning Commission for a decision.

4


6/7167

Exhibit "A"Chapter 9.16 ENTERTAINMENT IN LIQUOR ESTABLISHMENTS

Sections:9.16.010 Definitions.9.16.020 Dances and Other Public Entertainment.9.16.030 Playing Musical Instruments.9.16.035 Monitoring and Enforcement.9.16.040 Recorded Music.9.16.050 Exemption.

9.16.010 Definitions.For the purposes of this chapter the term musical instrument means and includes any and allinstruments commonly used in orchestras, but shall not include radio or television sets.(2008-07, 2008; Ord. 2005-04 1, 2005; Ord. 79-21 24, 1979; Ord. 23 N.S. 1, 1942; Ord.216 3, 1939; Code 1975 1002).9.16.020 Dances and Other Public Entertainment.Except as provided in CMC 9.16 .030 and 9.16.050, it is unlawful for any person to conductor maintain or permit to be conducted or maintained public dances or any form ofentertainment in or on any premises where alcoholic beverages are sold and served to thepublic within a period of time starting four hours before the commencement of such dance orentertainment, and ending at 2:00a.m. of the next calendar day following the commencementof such dance or entertainment. (2008-07, 2008; Ord. 2005-04 1, 2005; Ord. 2003-06 1,2003; Ord. 74 C.S. 1, 1963; Code 1975 1000).9.16.030 Playing Musical Instruments.A. General Exemption for Private and/or Temporary Uses. The Director of CommunityPlanning and Building may authorize the playing of musical instruments with or withoutvocal accompaniment in conjunction with the sale or serving of alcohol during private(nonpublic) events and during temporary uses/special events open to the public, located onprivate property. All such events shall comply with CMC 17 .14.050(0)(1 ), noise restrictions.The Director shall authorize no more than four public events per calendar year, per property.Proposals exceeding this amount shall require a use permit consistent with all requirementsestablished in subsection (B) of this section.B. Special Exemption for Establishments Serving Alcoholic Beverages. Except as providedin CMC 9.16.050, it is unlawful for any person, firm or corporation engaged in the businessof selling and/or serving alcoholic beverages to the public within the City to play, cause orpermit to be played any musical instrument or instruments with or without vocalaccompaniment in or on the premises where such alcoholic beverages are sold and/or served

3


7/7168

6. Live music permits shall not include karaoke activities. (2008-07, 2008; Ord.2005-04 2, 2005; Ord. 2003-06 1, 2003; Ord. 216 2, 1939; Code 1975 1001).9.16.035 Monitoring and Enforcement.A. Noise Limits Related to Live Music. On properties authorized to hold live music eventsper this chapter, the maximum noise levels allowed from live music activities located on theproperty shall be as follows:

1. For venues in the RC district or located within 300 feet of any R-1 districtproperty: 50 db-A as measured at the exterior of the building or yard in which thelive music is performed and no more than 45 db-A as measured at the property lineof any other site in the vicinity of the use.2. For venues on any other CC or SC district property: 55 db-A as measured at theproperty line.

B. Sound measurements shall be made using a sound level meter calibrated for the Aweighted scale. Periods with intermittent, exterior, peak noises from the surroundingenvironment above the allowed decibel limits (e.g., passing automobiles, pedestrians inconversation) that occur while music is being played shall not be used for compliancemeasurements.C. For live music venues where there is a contiguous noise-sensitive use, the maximum noiselevel allowed from live music activities located on the property shall not exceed 40 db-A asmeasured inside the building occupied by the noise-sensitive use. (Ord. 2008-07, 2008; Ord.2005-04 I 2, 2005).9.16.040 Recorded Music.It is unlawful for any person, firm, business, or corporation located in any CC, SC, RC or R-4land use district to play or permit to be played recorded or reproduced music on privateproperty at a volume that produces a sound level exceeding 55 db-A as measured at theproperty line or produces more than 40 db-A inside any building occupied by a noisesensitive use as defined in CMC 9.16.030" 9.16.030 (B)(2). (2008-07, 2008; Ord. 2005-04 2, 2005; Ord. 2003-06 1, 2003; Ord. 274 C.S. 1, 1972; Code 1975 1003).9.16.050 Exemption.The Sunset Community and Cultural Center Theater and the attached buildings and groundsare exempt from the provisions ofCMC 9.16.020 and 9. 16.030; provided, however, that anysuch public consumption of alcoholic beverages at Sunset Community and Cultural Centerallowed by this exemption shall be permitted only if it is by persons attending events bookedat Sunset Center and is provided by Sunset Center-approved concessionaires. (2008-07,2008; Ord. 2005-04 2, 2005; Ord. 2003-06 1, 2003).

5

ordinance amending municipal code section 9.16 07-02-13-2.pdf

Documents