10-017 I l '
1 ORDINANCE NO. 10- O 17
2
3 AN ORDINANCE OF THE CITY COMMISSI ► OF THE
4 CITY OF BOYNTON BEACH, FLORID • AMENDING
5 THE CITY OF BOYNTON BEA ' CODE OF
6 ORDINANCES BY ENACTING CHA ' ER 13, ARTICLE
7 III, "LIVE ENTERTAINMEN PERMITS "; TO
8 PROVIDE FOR THE PROCE 1 RES FOR ISSUING
9 LIVE ENTERTAINMENT PE ' ITS, PUBLIC NOTICE
10 AND HEARING; PROVID' FOR CONDITIONS OF
11 APPROVAL FOR LIVE TERTAINMENT PERMITS,
12 REGULATION, AND P ' OCESS FOR REVOCATION;
13 PROVIDING FOR E ORCEMENT AND PENALTIES;
14 PROVIDING FO' CONFLICTS, SEVERABILITY,
15 CODIFICATION • D AN EFFECTIVE DATE.
16
17 WHEREAS, the City •mmission desires to amend the City's Code of Ordinances to
18 •rovide for a mechanism to egulate the performance of live entertainment within commercial
19 • stablishments located the City in order to insure that the live entertainment is compatible
20 ith adjacent prop- ies; and
21 WHER AS, by regulating the issuance of live entertainment permits, and amending
22 he City's • ise Control Ordinance, the City Commission recognizes the need to allow for
23 ive ente ainment in commercial areas, including mixed use developments, so long as there
24 . re n adverse impacts to adjacent residential uses; and
25 WHEREAS, the implementation of the live entertainment permit process is in the best
26 /1 terest of the health, safety, and welfare of the residents, citizens, and businesses within the
2/ ity of Boynton Beach.
� / J 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. The foregoing whereas clauses are true and correct and are now ratified
31 d confirmed by the City Commission.
\Documents and Settings \PramltoJ \Local Settings' Temporary Internet Files \OLKI04 \Ordinances - Live Entertainment Permit Ord REV
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1 Section 2. That Chapter 13 of the City of Boynton Beach Code of Ordinan s be,
2 and the same is herby amended by enacting a new Article III, entitled "Live En rtainment
3 Permits," to read as follows:
4 ,13 -80. Live Entertainment Permit:
5
6 ;a) Live entertainment defined. "Live entertainment" means a us. in conjunction with a
7 restaurant, cocktail lounge or other similar establishment, wherein ' oorshows or other forms
8 pf entertainment consisting of 1 or more persons, amplified • non - amplified sound, are
9 ,provided indoors or outdoors, including but not limited to e ertainment provided by Disc
10 Jockey, Master of Ceremonies, or Karaoke.
11
12 b) Time limits. Any live entertainment permit granted the City Commission shall expire
13 [2 months after the date of approval of such live entert. • ment permit and must be renewed in
14 accordance with subsection (h) of this section.
15
16 (c) Method of approval. A Live Entertain ► -nt Permit may be approved by the City
17 Commission after an application, as provided h ein, has been processed by City staff.
18
19 (d) Review and approval procedure.
20
21 (1) Live Entertainment Perm' ' a..lications shall be obtained from and filed
22 with the Develo .ment De ea ent and ma be initiated b the owner of the
23 sub'ect •rose or the own; 's desi.nated re•resentative. All a..lications must
24 be si_ned b the .ro•ert •wner. A com.lete application will be .rocessed b
25 the Develo.ment De. • ment which also consists of the re.uired fee and
26 necessa sus . ortive aterials includin . the followin . :
27
28 a. A dev; o • ment and site elan indicatin . the location of the
29 live enter ainment.
30 b. A summa of facts concernin. the live entertainment
31 inclu, erososed da s and hours of o.eration description of
32 .ro posed entertainment descrietion of .remises where
33 e ertainment is sro.osed number of entertainers etc.
34 ' . A valid Business Tax Receipt. All businesses wishing to
35 secure an Entertainment Permit must conform with all local
36 Zoning requirements.
37
38 O The applicant shall notify property owners, homeowners associations and
39 condominium associations located within 400 feet of the property involved in
40 the petition, informing them of the date, time, place and reason for the public
41 / hearing in accordance with Section 2 -20 of the City of Boynton Beach Code of
42 Ordinances..
43
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1 (3) The City Commission may approve or deny the Live Entertainment
2 Permit application. A Live Entertainment Permit may be subject to conditions
3 and additional restrictions, stipulations and safeguards as may be deemed
4 11 necessary to ensure compliance with the intent and purpose of the City's Co -_
5 j of Ordinances. Such conditions, when required by the City Commission, all
6 be made a part of the Live Entertainment Permit and are in addition t• those
7 conditions outlined in subsection (f) of this section. Violation of such
8 conditions or the standard conditions outlined in subsection (f) of is section
9 which are made a part of the terms under which the Live Enterta' ment Permit
10 is granted shall be considered a violation of this provision of e City's Code
11 of Ordinances. A Live Entertainment Permit may be appr • i ed by a majority
12 vote of the City Commission present and voting.
13
14 (e) Non - transferable permit. A Live Entertainment Pe it is valid only for a specific
15 establishment at a specific location and is nontransfera e to another establishment. If an
16 establishment with a valid Live Entertainment Permit c• ases operation at a specific location
17 dnd another establishment begins operation at this 10 :tion, the Live Entertainment Permit is
18 nontransferable to the new establishment at the sam' location. In addition, if an establishment
19 with a valid Live Entertainment Permit relocate-, the permit is nontransferable to the new
20 location. In both instances, a new Live Entert. ' ment Permit application must be submitted
21 for City Commission consideration.
22
23 f t) Standard conditions of approval for all permits. The following are standard conditions
24 for approval of all Live Entertain I •nt Permits which are incorporated into the City
25 Commission's approval of a Live tertainment Permit application and made a part of the
26 terms under which the Live Entert' ment Permit is granted:
27
28 f) For indoor enter .inment, all doors and windows shall remain closed
29 during performances with the exception of momentary use for ingress and
30 egress. If doors a 'i /or windows are opened during the performance, section
31 (0(2) is applicab -.
32 (2) Section 1 8 of the City's Code of Ordinances, Noise control -Short title;
33 through Sect' on 15 -10.7, Enforcement and Penalty, inclusive, pertaining to
34 noise, shal apply to live entertainment, and all live entertainment shall be
35 subject to -nforcement of the City's Noise Control Ordinance.
36 (3) H• rs of outdoor amplified live entertainment at establishments with a
37 reside ► ial unit or units within 400 feet of the site shall not extend beyond
38 11:01 p.m. Sunday through Thursday evenings and.12:00 a.m. on legal
39 holidays, Friday and Saturday evenings.
40
41 jg) Standards for review. In its deliberations concerning the granting of a Live
42 Entertainment Permit, the City Commission shall carefully consider the following guidelines
43 and standards:
44
45 (1) Ingress and egress to the subject property and use, with particular
46 reference to automotive and pedestrian safety and convenience, traffic
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1 generation flow and control, and access in case of fire or catastrophe, shall be
2 on substantially improved property and generally conform to current city
3 1 regulations and not potentially detrimental to existing or anticipated uses in the
4 i vicinity and particularly not detrimental to property immediately adjacent to
5 i the subject site.
6 (2) Off - street parking areas for the principal use shall be in conformance wit
7 a • • licable e... • arkin • s • ace re • uirements standards with respect to result d
8 parking, as well as be adequate and well- designed, and relate well, in to • of
9 proximity, access and the like, to the intended entertainment to be se iced
10 with particular attention to the items listed in subsection (g)(1) of thi ection.
11 Further the smoke noise glare dust vibrations fumes •ollutie, or odor
12 effects related to the vehicular use area or the live entertainment hall not be
13 detrimental to the adjoiningproperties in the general area.
14 3 Refuse and service areas with • articular reference to t items listed in
15 subsections (g)(1) and (2) of this section, shall be ade • uat; screened so as
16 not to be visible from adjacent •ro•erties or a •ublic ri.ht of - -wa and shall be
17 located in such a wa as not to be a nuisance b virtue '4f smoke noise • lare
18 and the like, to adjacent properties.
19 4 Utilities whether •ublic or •rivate shall be ad-Auate and not detrimental
20 with reference to location, availabilit ado uac a • com •atibilit .
21 5 Screenin • bufferin• or se • aration of an n . isance or hazardous feature
22 with reference to t •e dimensions and chara• er shall be full and clearl
23 re 'resented on the submitted •lans and shall •e adequate to •rotect adjacent
24 properties.
25 6 Pro •osed si • ns and exterior li • htin • all be considered with reference to
26 • lare traffic safet and com •atibilit an. armon with surroundin • • ro • erties
27 and shall be determined to be ade• uat- safe and not detrimental or a nuisance
28 to adjacent properties.
29 7 The • ro •osed live entertainme • t shall be com • atible and as • ro • riate with
30 res•ect to adjacent •ro.erties and ether •ro•ert in the district and •eo_ra•hic
31 area.
32
33 (1) Permit renewal procedure. e Entertainment Permits shall renew on an annual basis
34 iz conjunction with the Business ax Receipt renewal effective October 1 of each year.
35 Establishments with complaints at have been the subject of an Order issued by the City's
36 :.'-ode Compliance Board findin' the establishment in violation of City Code, and/or findings
37 y a Civil or Criminal Court of a violation of City Code or other applicable law(s) shall
38 -quire annual City Commis.* approval prior to the renewal of the Live Entertainment
39 ermit. Live Entertainment Permits not approved for renewal by City Commission will be
40 ,Drohibited from re- applying for a period of one (1) year.
41
42 :) Revocation of permits. The City Commission may revoke a previously approved Live
43 - ntertainment Permit upon making the following findings in a public hearing:
44
45 (1) The operation of the live entertainment has resulted in the violation of a
46 City ordinance, or any of the conditions of approval outlined in the approving
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1 Resolution, including the standard conditions outlined in subsection (h) of is
2 section., and that the City's Code Compliance Board has found that a v'. ation
3 has occurred, and entered an order finding that such a violation ha- occurred
4 pursuant to Chapter 2, Article V, of the City's Code of Ordinance
5
6 i In the event the City Commission revokes a Live Enterta' ment Permit, the
7 City Commission shall not issue a new Live Entertainme ' ermit for the same
8 location for a period of twelve (12) months from the o ate of revocation. In
9 order to submit an application for a new Live ., tertainment Permit, the
10 location must not have been found in violation any City code provisions
11 within the twelve (12) month time period just for to the date the application
12 1 for a Live Entertainment Permit is submitted..
13
14 j) The City Commission hereby establish: the following Live Entertainment Permit
15 Application Fee, a Live Entertainment Permit " ee which is computed based upon the date of
16 _he Commission's action approving the •plication, and an Annual Live Entertainment
17 'ermit Renewal Fee:
18
19 1. Live Entertainment Pe ' it Application Fee $750.00
20 _ 2. Live Entertainment P- it Fee $100.00
21 3. Annual Live Entert. nment Permit Renewal Fee $150.00
22
23 (k) Live entertainment w' out a City Live Entertainment Permit is prohibited and
24 violations of these regulatio : may be enforced by the City as follows:
25
26 (a) The City .de Compliance Board shall have jurisdiction to hear and decide cases
27 in which iolations of this Chapter are alleged, or
28
29 (b) The ' ity may enforce the provision of this Code by supplemental Code or
30 Or. nance enforcement procedures as provided by Part 2 of Chapter 162, Florida
31 S . tutes, or
32
33 (c) The City may prosecute violations of this Section by issuance of Notices to
34 Appear for violation of a City Ordinance, in which case, the penalty for a
35 violation shall be as follows:
36
37 (1) First violation - $100.00
38
39 (2) Second violation within twelve (12) months of adjudication of first
40 violation - $150.00
41
42 (3) Third violation within eighteen (18) months of adjudication of first
43 l violation - $250.00
44
45 Each day on which a violation exists shall constitute a separate violation for the
46 purpose of determining the fine, or
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2 d The Ci Attorne with authorization from the Ci Commission ma • n. suit
3 j on behalf of the City to enjoin any violation of this Ordinance.
4
5
6 i Section 3. Each and every other provision of the City of Boynt. Beach Code of
7 Ordinances not herein specifically amended, shall remain in full force . d effect as originally
8 sdopted.
9 Section 4. All laws and ordinances applying to e City of Boynton Beach in
10 onflict with any provisions of this ordinance are hereby r- . ealed.
11 Section 5. Should any section or provision of this Ordinance or any portion
12 hereof be declared by a court of competent juris• ction to be invalid, such decision shall not
13 ffect the remainder of this Ordinance.
14 Section 6. Authority is hereby .iven to codify this Ordinance.
15 Section 7. This Ordinance hall become effective immediately.
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1 FIRST READING this 3 _ day of fiturT' , 2010.
2 SECOND, FINAL READING AND PASSAGE this day of _ , ,
3 12010.
4
5 CITY OF BOYNTON BEACH, F i RIDA
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7
8 I'
9 ( Mayor — Jose Rodriguez
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13 Vice Mayor — Mar ne Ross
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17 Commissi er — William Orlove
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21 C• missioner — Woodrow L. Hay
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25 Commissioner- Steven Holzman
26 ATTEST:
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30 Janet M. Prainito, MMC
31 City Clerk
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33 f
34 (Corporate Seal)
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