11-004
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i ORDINANCE NO.1l-00lf
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3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 THE CITY OF BOYNTON BEACH CODE OF
6 ORDINANCES BY ENACTING CHAPTER 13, ARTICLE
7 III, "LIVE ENTERT AINMENT PERMITS"; TO
8 PROVIDE FOR THE PROCEDURES FOR ISSUING
9 LIVE ENTERTAINMENT PERMITS, PUBLIC NOTICE
10 AND HEARING; PROVIDE FOR CONDITIONS OF
11 APPROVAL FOR LIVE ENTERTAINMENT PERMITS,
12 REGULATION, AND PROCESS FOR REVOCATION;
13 PROVIDING FOR ENFORCEMENT AND PENAL TIES;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 CODIFICATION AND AN EFFECTIVE DATE.
16
17 WHEREAS, the City Commission desires to amend the City's Code of Ordinances to
18 provide for a mechanism to regulate the performance of live entertainment within commercial
19 establishments located in the City in order to insure that the live entertainment is compatible
20 with adjacent properties; and
21 WHEREAS, by regulating the issuance of live entertainment permits, and amending
22 the City's Noise Control Ordinance, the City Commission recognizes the need to allow for
23 live entertainment in commercial areas, including mixed use developments, so long as there
24 are no adverse impacts to adjacent residential uses; and
25 WHEREAS, the implementation of the live entertainment permit process is in the best
26 interest of the health, safety, and welfare of the residents, citizens, and businesses within the
27 City of Boynton Beach.
28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. The foregoing whereas clauses are true and correct and are now ratified
31 and confirmed by the City Commission.
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,I i That Chapter 13 of the City of Boynton Beach Code of Ordinances be,
1 Section 2.
2 and the same is herby amended by enacting a new Article III, entitled "Live Entertainment
3 Permits," to read as follows:
4 13-80. Live Entertainment Permit:
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6 (a) Live entertainment defined. "Live entertainment" means a use in conjunction with a
7 restaurant, cocktail lounge or other similar establishment, wherein floorshows or other forms
8 of entertainment consisting of 1 or more persons, amplified or non-amplified sound, are
9 provided indoors or outdoors, including but not limited to entertainment provided by Disc
10 Jockey, Master of Ceremonies, or Karaoke.
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12 (b) Time limits. Any live entertainment permit granted by the City shall expire 12 months
13 after the date of approval of such live entertainment permit and must be renewed in
14 accordance with subsection (h) of this section.
IS
16 (c) Method of approval. A Live Entertainment Permit may be approved by the City after an
17 application, as provided herein, has been processed by City staff.
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19 (d) Review and approval procedure.
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21 (1) Live Entertainment Permit applications shall be obtained from and filed
22 with the Development Department, and may be initiated by the owner of the
23 subject property or the owner's designated representative. All applications must
24 be signed by the property owner. A complete application will be processed by
25 the Development Department, which also consists of the required fee and
26 necessary supportive materials, including the following:
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28 a. A site and/or floor plan, indicating the location of the live
29 entertainment.
30 b. A summary of facts concerning the location and orientation
31 of the live entertainment, including proposed days and hours of
32 operation, description of proposed entertainment, description of
33 premIses where entertainment IS proposed, number of
34 entertainers, etc.
35 c. A valid Business Tax Receipt. All businesses wishing to
36 secure an Entertainment Permit must conform with all local
37 Zoning requirements.
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40 (e) Non-transferable permit. A Live Entertainment Permit is valid only for a specific
41 establishment at a specific location and is nontransferable to another establishment. If an
42 establishment with a valid Live Entertainment Permit ceases operation at a specific location
43 and another establishment begins operation at this location, the Live Entertainment Permit is
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1 nontransferable to the new establishment at the same location. In addition, if an establishment
2 i i with a valid Live Entertainment Permit relocates, the permit is nontransferable to the new
3 i location. In both instances, a new Live Entertainment Permit application must be submitted
4 for City Commission consideration.
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6 (f) Standard conditions of approval for all permits. The following are standard conditions
7 for approval of all Live Entertainment Permits which are incorporated into the City
8 Commission's approval of a Live Entertainment Permit application and made a part of the
9 terms under which the Live Entertainment Permit is granted:
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11 (1) For indoor entertainment, all doors and windows shall remain closed
12 during performances, with the exception of momentary use for ingress and
13 egress. If doors and/or windows are opened during the performance, section
14 (f)(2 ) is applicable.
15 (2) Section 15-8 of the City's Code of Ordinances, Noise control-Short title:
16 through Section 15-10.7, Enforcement and Penalty, inclusive, pertaining to
17 noise, shall apply to live entertainment, and all live entertainment shall be
18 subiect to enforcement of the City's Noise Control Ordinance.
19 (3) Hours of outdoor amplified live entertainment at establishments with a
20 residential unit or units within 100 feet of the site shall not extend beyond
21 11 :00 p.m. Sunday through Thursday evenings and.12:00 a.m. on legal
22 holidays as defined in the City's Noise Control Ordinance, Friday and
23 Saturday evenings.
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25 (g) Standards for review. In its deliberations concerning the granting of a Live
26 Entertainment Permit, the City shall carefully consider the following guidelines and
27 standards:
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29 (1) Ingress and egress to the subiect property and use, with particular
30 reference to automotive and pedestrian safety and convenience, traffic
31 generation flow and control, and access in case of fire or catastrophe, shall be
32 on substantially improved property and generally conform to current city
33 regulations and not potentially detrimental to existing or anticipated uses in the
34 vicinity and particularly not detrimental to property immediately adjacent to
35 the subiect site.
36 (2) Off-street parking areas for the principal use shall be in conformance with
37 applicable (e.g. parking space requirements) standards with respect to required
38 parking, as well as be adequate and well-designed, and relate well, in terms of
39 proximity, access and the like, to the intended entertainment to be serviced,
40 with particular attention to the items listed in subsection (g)(1) of this section.
41 Further, the smoke, noise, glare, dust, vibrations, fumes, pollution or odor
42 effects related to the vehicular use area or the live entertainment shall not be
43 detrimental to the adjoining properties in the general area.
44 (3 ) Refuse and service areas, with particular reference to the items listed in
45 subsections (g)(1) and (2) of this section, shall be adequately screened so as
46 not to be visible from adjacent properties or a public right-of-way and shall be
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1 located in such a way as not to be a nuisance, by virtue of smoke, noise, glare
2 and the like, to adjacent properties.
3 (4) Utilities, whether public or private, shall be adequate and not detrimental
4 with reference to location, availability, adequacy and compatibility.
5 (5) Screening, buffering or separation of any nuisance or hazardous feature,
6 with reference to type, dimensions and character, shall be fully and clearly
7 represented on the submitted plans and shall be adequate to protect adjacent
8 properties. This should include proposed strategies to mitigate sound levels at
9 adjacent property lines and distances from the noise source(s) as enumerated in
10 the City's Noise Control Ordinance.
11 (6) Proposed signs and exterior lighting shall be considered with reference to
12 glare, traffic safety and compatibility and harmony with surrounding properties
13 and shall be determined to be adequate, safe and not detrimental or a nuisance
14 to adjacent properties.
15 (7) The proposed live entertainment shall be compatible and appropriate with
16 respect to adjacent properties and other property in the district and geographic
17 area.
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19 (h) Permit renewal procedure. Live Entertainment Permits shall renew on an annual basis
20 in conjunction with the Business Tax Receipt renewal effective October 1 of each year.
21 Establishments with complaints that have been the subject of an Order issued by the City's
22 Code Compliance Board finding the establishment in violation of City Code, and/or findings
23 by a Civil or Criminal Court of a violation of City Code or other applicable law(s) shall
24 require annual City Commission approval prior to the renewal of the Live Entertainment
25 Permit. Live Entertainment Permits not approved for renewal by City Commission will be
26 prohibited from re-applying for a period of one (1 ) year.
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28 (i) Revocation of permits. The City Commission may revoke a previously approved Live
29 Entertainment Permit upon making the following findings in a public hearing:
30
31 (1) The operation of the live entertainment has resulted in the violation of a
32 City ordinance, or any of the conditions of approval outlined in the approving
33 Resolution, including the standard conditions outlined in subsection (h) of this
34 section., and that the City's Code Compliance Board has found that a violation
35 has occurred, and entered an order finding that such a violation has occurred
36 pursuant to Chapter 2, Article V, of the City's Code of Ordinances.
37
38 In the event the City Commission revokes a Live Entertainment Permit, the
39 City Commission shall not issue a new Live Entertainment Permit for the same
40 location for a period of twelve ( 12) months from the date of revocation. In
41 order to submit an application for a new Live Entertainment Permit, the
42 location must not have been found in violation of any City code provisions
43 within the twelve (12) month time period just prior to the date the application
44 I for a Live Entertainment Permit is submitted..
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1 ; (i) The City Commission hereby establishes the following Live Entertainment Permit
2 Application Fee, a Live Entertainment Permit Fee which is computed based upon the date of
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3 the Commission's action approving the Application, and an Annual Live Entertainment
4 Permit Renewal Fee:
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6 1. Live Entertainment Permit Application Fee $150.00
7 2. Annual Live Entertainment Permit Renewal Fee $50.00
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9 (k) Live entertainment without a City Live Entertainment Permit is prohibited and
10 violations of these regulations may be enforced by the City as follows:
11
12 (a) The City Code Compliance Board shall have jurisdiction to hear and decide cases
13 in which violations of this Chapter are alleged, or
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15 (b) The City may enforce the provision of this Code by supplemental Code or
16 Ordinance enforcement procedures as provided by Part 2 of Chapter 162, Florida
17 Statutes, or
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19 (c) The City may prosecute violations of this Section by issuance of Notices to
20 Appear for violation of a City Ordinance, in which case, the penalty for a
21 violation shall be as follows:
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23 (1) First violation - $100.00
24 (2) Second violation within twelve (12) months of adjudication of first
25 violation - $150.00
26 (3) Third violation within eighteen ( 18) months of adjudication of first
27 violation - $250.00
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29 Each day on which a violation exists shall constitute a separate violation for the
30 purpose of determining the fine, or
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32 (d) The City Attorney, with authorization from the City Commission, may bring suit
33 on behalf of the City to enioin any violation of this Ordinance.
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35 Section 3. Each and every other provision of the City of Boynton Beach Code of
36 Ordinances not herein specifically amended, shall remain in full force and effect as originally
37 adopted.
38 Section 4. All laws and ordinances applying to the City of Boynton Beach in
39 conflict with any provisions of this ordinance are hereby repealed.
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1 Section 5. Should any section or provision of this Ordinance or any portion
2 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
3 affect the remainder of this Ordinance.
4 Section 6. Authority is hereby given to codify this Ordinance.
5 Section 7. This Ordinance shall become effective immediately.
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6 FIRST READING this L day of f-e fut:LC1-' 2~1.
7 SECOND, FINAL READING AND PASSAGE this ~ day of frb clAIJ.fy ,
8 2011.
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10 CITY OF BOYNTON BEACH, FLORIDA
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29 ATTEST:
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