Meeting Date: 2 April 2013
Prepared by: Marc Wiener, Associate Planner
City Council
Agenda Item Summary
Name: 1) An ordinance amending Municipal Code Section 9.16 allowing for the playing of musical instruments and other live entertainment where alcoholic beverages are sold or served. (First reading)
2) Extension of Urgency Ordinance 2013-1 for an additional period not to exceed the effective date of the permanent ordinance amending Municipal Code Section 9.16 allowing for the playing of music instruments and other live entertainment where alcoholic beverages are sold or served.
Description: The purpose of this hearing is to adopt an ordinance (1 st reading) amending CMC section 9.16, which allows for the playing of live music at establishments where alcoholic beverages are sold or served. The City Council will also be adopting a time extension of an urgency ordinance to be in effect until the permanent ordinance has been adopted.
Staff Recommendation: 1) Adopt an ordinance (1 51 Reading) reauthorizing CMC section 9.16 on a permanent basis. 2) Adopt an extension of the Urgency Ordinance 2013-1 allowing live music at appropriate locations in the commercial district of the City for a period not to exceed the effective date of the permanent 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 .
Decision Record: On 5 March 2013 the City Council reviewed the amended ordinance and
supported its adoption.
Attachments:
• Staff Report
• Urgency Ordinance Extension (Ordinance 2013-1)
• Permanent Ordinance CMC 9.16 (with amendments)
Reviewed by:
Jason Stilwell, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR BURNETT AND COUNCIL MEMBERS
FROM: MARC WIENER, ASSOCIATE PLANNER
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
DATE: APRIL 2, 2013
SUBJECT: AN ORDINANCE AMENDING MUNICIPAL CODE SECTION 9.16
ALLOWING FOR THE PLAYING OF MUSIC INSTRUMENTS AND OTHER
LIVE ENTERTAINMENT WHERE ALCOHOLIC BEVERAGES ARE SOLD
OR SERVED. (First reading)
EXTENSION OF URGENCY ORDINANCE 2013-1 FOR AN ADDITIONAL
PERIOD NOT TO EXCEED THE EFFECTIVE DATE OF THE PERMANENT
ORDINANCE AMENDING MUNICIPAL CODE SECTION 9.16 ALLOWING
FOR THE PLAYING OF MUSIC INSTRUMENTS AND OTHER LIVE
ENTERTAINMENT WHERE ALCOHOLIC BEVERAGES ARE SOLD OR
SERVED
BACKGROUND/PROJECT DESCRIPTION
On 5 March 2013 the City Council reviewed a first reading of an ordinance allowing live music,
which had expired on 6 November 2011. An urgency ordinance was adopted until the permanent
ordinance goes into effect. Pursuant to California Government Code Section 65858, the urgency
ordinance shall expire after 45 days unless the City Council grants a time extension.
For noticing purposes staffhas scheduled for the Council to adopt a first reading ofCMC 9.16,
Entertainment in Liquor Establishments. A second and final reading will be brought back before
the Council on 7 May 2013. Staff is recommending that the Council adopt a time extension of
the urgency ordinance to be in effect until the permanent ordinance is adopted.
RECOMMENDATION
1. Adopt an ordinance (1 st Reading) reauthorizing CMC section 9.16 on a permanent basis.
2. Adopt an extension of Urgency Ordinance 2013-1 allowing live music at appropriate
locations in the commercial district of the City for a period not to exceed the effective
date of the permanent ordinance.
369
ORDINANCE NO. 2013-1
EXTENSION OF URGENCY ORDINANCE 2013-1 FOR AN ADDITIONAL PERIOD NOT TO
EXCEED THE EFFECTIVE DATE OF THE PERMANENT ORDINANCE AMENDING
MUNICIPAL CODE SECTION 9.16 ALLOWING FOR THE PLAYING OF MUSIC
INSTRUMENTS AND OTHER LIVE ENTERTAINMENT WHERE ALCOHOLIC
BEVERAGES ARE SOLD OR SERVED
Recitals/Findings
WHEREAS, the City of Carmel-by-the-Sea is a unique coastal community that prides itself in its
community character;
WHEREAS, on September 6, 2005, the City Council adopted Ordinance 9.16 Entertainment in
Liquor Establishments that expires every three years and allows live music at appropriate locations in
the commercial district;
WHEREAS, on October 7, 2008, the City Council reauthorized Ordinance 9.16 for an additional
three years to November 6, 2011, and the Ordinance inadvertently expired;
WHEREAS, the City Council wishes to amend Ordinance 9.16 to eliminate the expiration of its
provisions;
WHEREAS, on April 2, 2013, the City Council will conduct a first reading of a permanent
amendment to Municipal Code Section 9.16 Entertainment in Liquor Establishments with a second
reading anticipated to be conducted by the City Council on May 7, 2013; and
WHEREAS, on March 5, 2013, the City Council adopted Urgency Ordinance 2013-1 for a
period of 45 days as authorized by California Government Code Section 65858 in order to promote
business continuity and to avoid loss of revenue to businesses as well as to avoid loss oftax revenue to
the City;
WHEREAS, the City Council wishes to extend Urgency Ordinance 2013-1 for a period not to
exceed the effective date of the permanent ordinance as authorized by California Government Code
Section 65858 which requires a four-fifths vote of the City Council for adoption.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEA DO ORDAIN
AS FOLLOWS:
Section One. Carmel-by-the-Sea Municipal Code Section 9.16 is hereby amended to read as follows:
370
Chapter 9.16ENTERTAINMENT 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 all instruments
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 conduct or maintain or
permit to be conducted or maintained public dances or any form of entertainment in or on any premises
where alcoholic beverages are sold and served to the public within a period of time starting four hours
before the commencement of such dance or entertainment, and ending at 2:00 a.m. of the next calendar
day following the commencement of 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 § IQOO).
9.16.030 Playing Musical Instruments.
A. General Exemption for Private and/or Temporary Uses. The Director of Community Planning and
Building may authorize the playing of musical instruments with or without vocal 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 on private 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 requirements established in subsection (B) of this section.
B. Special Exemption for Establishments Serving Alcoholic Beverages. Except as provided in CMC
9.16.050, it is unlawful for any person, firm or corporation engaged in the business of selling and/or
serving alcoholic beverages to the public within the City to play, cause or permit to be played any musical
instrument or instruments with or without vocal accompaniment in or on the premises where such
alcoholic beverages are sold and/or served to the public, without first obtaining a use permit issued by the
Planning Commission. In approving such permits the Commission shall consider all of the following:
1. Use permits authorizing live music within any business establishment selling or serving
alcoholic beverages shall be approved only for properties located in the Central Commercial
(CC) and Service Commercial (SC) districts. Within the Residential and Limited Commercial
(RC) and Multifamily Residential (R-4) districts such permits shall be approved only for existing
restaurants and bars located within hotel/motel establishments.
2. A noise management plan, submitted by the applicant, shall (a) identify all noise-sensitive
uses located within 200 feet of the proposed location (e.g., residences, residential care facilities,
libraries, medical facilities), (b) establish the method by which noise impacts, including, but not
limited to, music and patron noise from within the facility as well as patrons/pedestrians outside
2
371
of the facility on the adjacent public sidewalk/street, will be regulated to avoid disruption to the
immediate neighborhood and (c) identify the method for compliance with CMC
17.14.050(G)(l ), noise restrictions.
3. An acoustical evaluation shall be prepared to qualify the nmse levels and to suggest
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 specific circumstances 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 immediately upon request by any enforcement officer
of the City. Permittees shall be monitored for use permit compliance by
the City. Permittees shall be informed of violations and immediate compliance shall be sought and
attained. Failure to comply and/or repeated violations shall be cause for the City to schedule a revocation
hearing with the 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 operational characteristics; or
c. Revoke the permit.
Any three violations within any 12-month period shall require revocation of the use permit by the
Planning Commission.
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 events per this
chapter, the maximum noise levels allowed from live music activities located on the property shall be as
follows:
1. For venues in the RC district or located within 300 feet of any R-1 district property: 50 db-A
as measured at the exterior of the building or yard in which the live music is performed and no
more than 45 db-A as measured at the property line of 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 the property line.
B. Sound measurements shall be made using a sound level meter calibrated for the A-weighted scale.
Periods with intermittent, exterior, peak noises from the surrounding environment above the allowed
decibel limits (e.g., passing automobiles, pedestrians in conversation) that occur while music is being
played shall not be used for compliance measurements.
C. For live music venues where there is a contiguous noise-sensitive use, the maximum noise level
allowed from live music activities located on the property shall not exceed 40 db-A as measured inside
the building occupied by the noise-sensitive use. (Ord. 2008-07, 2008; Ord. 2005-04 • 2, 2005).
3
372
9.16.040 Recorded Music.It is unlawful for any person, firm, business, or corporation located in any CC,
SC, RC or R-4 land use district to play or permit to be played recorded or reproduced music on private
property at a volume that produces a sound level exceeding 55 db-A as measured at the property line or
produces more than 40 db-A inside any building occupied by a noise-sensitive 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 § 1 003).
9.16.050 Exemption.
The Sunset Community and Cultural Center Theater and the attached buildings and grounds are exempt
from the provisions of CMC 9.16.020 and 9.16.030; provided, however, that any such public
consumption of alcoholic beverages at Sunset Community and Cultural Center allowed by this exemption
shall be permitted only if it is by persons attending events booked at Sunset Center and is provided by
Sunset Center-approved concessionaires. (2008-07, 2008; Ord. 2005-04 § 2, 2005; Ord. 2003-06 § 1,
2003).
Section 2. Effective Date.
A. This extension of Urgency Ordinance 2013-1 shall take effect upon four-fifths vote of the
City Council. This extension of Urgency Ordinance 2013-1 shall expire 10 months and 15 days from
the expiration date of Urgency Ordinance 2013-1. This is declared to be an urgency measure as
authorized by California Government Code Section 65858.
Section 3. Severability
A. If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the Ordinance, including the application of such part or
provision to other persons or circumstances, shall not be affected thereby and shall continue in full force
and effect. To this end, provisions of this Ordinance are severable.
B. The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be held unconstitutional,
invalid or unenforceable.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
this __ day of April, 2013, by the following roll call vote:
AYES:
NOES:
ABSENT:
4
373
APPROVED:
JASON BURNETT, Mayor
ATTEST:
HEIDI BURCH, City Clerk
5
374
ORDINANCE NO.
AN ORDINANCE AMENDING MUNICIPAL CODE SECTION 9.16 ALLOWING FOR
THE PLAYING OF MUSIC INSTRUMENTS AND OTHER LIVE ENTERTAINMENT
WHERE ALCOHOLIC BEVERAGES ARE SOLD OR SERVED
Recitals/Fin dings
WHEREAS, the City of Carmel-by-the-Sea is a unique coastal community that prides itself in
its community character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect
the village character through clear policies and regulations that guide property owners in the
protection of the residential character; and
WHEREAS, on September 6, 2005, the City Council adopted Ordinance 9.16 Entertainment
in Liquor Establishments that expires every three years and allows live music at appropriate locations
in the commercial district; and
WHEREAS, on October 7, 2008, the City Council reauthorized Ordinance 9.16 for an
additional three years to November 6, 2011, and the Ordinance has expired; and
WHEREAS, the City Council wishes to amend Ordinance 9.16 to eliminate the expiration of
its provisions; and
WHEREAS, the proposed ordinance is categorically exempt from CEQA under 15305 Minor
Alterations in Land Use Limitations and because application of the noise standards of 17.14.5.G as
well as the required special and standard Use Permit finding would not result in a significant impact
to the environment.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEA DO
ORDAIN AS FOLLOWS:
Section One. Carmel-by-the-Sea Municipal Code Section 9.16 is hereby amended to read as follows:
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.
1
375
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 Amusical instrument® means and includes any and all instruments
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 conduct or maintain or
pennit to be conducted or maintained public dances or any form of entertainment in or on any premises
where alcoholic beverages are sold and served to the public within a period of time starting four hours
before the commencement of such dance or entertainment, and ending at 2:00 a.m. of the next calendar
day following the commencement of 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 Community Planning and
Building may authorize the playing of musical instruments with or without vocal 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 on private property. All such events shall comply with CMC
17.14.050(G)(l ), 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
requirements established in subsection (B) of this section.
B. Special Exemption for Establishments Serving Alcoholic Beverages. Except as provided in CMC
9.16.050, it is unlawful for any person, firm or corporation engaged in the business of selling and/or
serving alcoholic beverages to the public within the City to play, cause or permit to be played any musical
instrument or instruments with or without vocal accompaniment in or on the premises where such
alcoholic beverages are sold and/or served to the public, without first obtaining a use permit issued by the
Planning Commission. In approving such permits the Commission shall consider all of the following:
1. Use permits authorizing live music within any business establishment selling or serving
alcoholic beverages shall be approved only for properties located in the Central Commercial (CC)
and Service Commercial (SC) districts. Within the Residential and Limited Commercial (RC)
and Multifamily Residential (R-4) districts such pennits shall be approved only for existing
restaurants and bars located within hotel/motel establishments.
2. A noise management plan, submitted by the applicant, shall (a) identifY all noise-sensitive uses
located within 200 feet of the proposed location (e.g., residences, residential care facilities,
libraries, medical facilities), (b) establish the method by which noise impacts, including, but not
limited to, music and patron noise from within the facility as well as patrons/pedestrians outside
of the facility on the adjacent public sidewalk/street, will be regulated to avoid disruption to the
immediate neighborhood and (c) identify the method for compliance with CMC 17.14.050(G)(l ),
noise restrictions.
2
376
3. An acoustical evaluation shall be prepared to qualify the nmse levels and to suggest
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 specific circumstances unique to
each site and pennit.
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 immediately upon request by
any enforcement officer of the City. Permittees shall be monitored for use permit compliance by
the City. Permittees shall be informed of violations and immediate compliance shall be sought
and attained. Failure to comply and/or repeated violations shall be cause for the City to schedule
a revocation hearing with the 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 operational characteristics; or
c. Revoke the permit.
Any three violations within any 12-month period shall require revocation of the use permit by the
Planning Commission.
6. Live music pennits 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 events per this chapter,
the maximum noise levels allowed from live music activities located on the property shall be as follows:
1. For venues in the RC district or located within 300 feet of any R-1 district property: 50 db-A
as measured at the exterior of the building or yard in which the live music is performed and no
more than 45 db-A as measured at the property line of 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 the property line.
B. Sound measurements shall be made using a sound level meter calibrated for the A-weighted scale.
Periods with intermittent, exterior, peak noises from the surrounding environment above the allowed
decibel limits (e.g., passing automobiles, pedestrians in conversation) that occur while music is being
played shall not be used for compliance measurements.
C. For live music venues where there is a contiguous noise-sensitive use, the maximum noise level allowed
from live music activities located on the property shall not exceed 40 db-A as measured inside the building
occupied by the noise-sensitive use. (Ord. 2008-07, 2008; Ord. 2005-04 ' 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-4 land use
district to play or permit to be played recorded or reproduced music on private property at a volume that
produces a sound level exceeding 55 db-A as measured at the property line or produces more than 40 db-A
inside any building occupied by a noise-sensitive 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).
3
377
9.16.050 Exemption.
The Sunset Community and Cultural Center Theater and the attached buildings and grounds are exempt
from the provisions of CMC 9.16.020 and 9.16.030; provided, however, that any such public consumption
of alcoholic beverages at Sunset Community and Cultural Center allowed by this exemption shall be
permitted only if it is by persons attending events booked at Sunset Center and is provided by Sunset
Center-approved concessionaires. (2008-07, 2008; Ord. 2005-04 § 2, 2005; Ord. 2003-06 § 1, 2003).
Section 2. The People of Carmel-by-the-Sea find that all Recitals/Findings are true and correct and
are incorporated herein by reference.
Section 3. Severability
A. If any provision of this Ordinance or the application thereof to any person or circumstance
is held invalid, the remainder of the Ordinance, including the application of such part or provision to
other persons or circumstances, shall not be affected thereby and shall continue in full force and effect.
To this end, provisions of this Ordinance are severable.
B. The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be held unconstitutional,
invalid or unenforceable.
Section 4. Publication The City Clerk is directed to publish this Ordinance in the manner and in the
time required by law.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this _ _ day of April, 2013, by the following roll call vote:
AYES:
NOES:
ABSENT:
APPROVED:
JASON BURNETT, Mayor
ATTEST:
HEIDI BURCH, City Clerk
No comments:
Post a Comment