A. The
City Council has received a report, dated September 18, 1995, that
is incorporated in this chapter by reference and on file with the
City Clerk's Office from the Police Department that contains findings
establishing that there has been a significant increase in crime activity
in and about coffeehouses as defined in this chapter, within the City.
B. The
crime activity is predominantly gang related. Crime statistics establish
that gang activity has resulted in crime activity in and about coffeehouses
in the following nature and type:
1. Coffeehouse
owners have been victimized by extortion through demands for protection
money;
2. Guns
have been fired in and about coffeehouses, resulting in death and
serious injury to persons;
3. Gang
warfare has been waged between gangs at coffeehouses, resulting in
a variety of crimes to persons;
4. Gangs
have claimed territorial rights to designated coffeehouses, which
has resulted in gang related crimes to persons and property;
5. A
variety of nuisances arise from gang activity at coffeehouses that
adversely impact surrounding commercial and residential properties;
6. Coffeehouses
have become a de facto attractive nuisance to minors whose safety
is jeopardized by gang activity at coffeehouses;
7. Entertainment,
such as "karaoke," is an integral part of the attractiveness of the
coffeehouse, which acts to attract gangs to coffeehouses;
8. The
presence of gangs at coffeehouses acts to deter lawful patronage at
coffeehouses;
9. Gang
graffiti appears on restrooms and exterior walls of some businesses,
causing a blighting condition for the community; and
10. Gang activity has resulted in a higher demand for police services,
which reduces the amount of police resources available to address
crime in other parts of the City.
(2341 § 1, 1995; 2386 § 1, 1997; 2808 § 1, 2012)
For purposes of this chapter, certain words and phrases shall
be defined as set forth in this section.
"Amusement devices"
means any arcade game, pinball machine, electronic table
top game, billiard or pool table, or other device or machine that
can be used by a person or operator as a game or contest of skill,
chance, or amusement, which is offered to guests or patrons by or
with the permission of the coffeehouse owner or operator for the purpose
of holding the attention of, gaining the attention or interest of,
or amusing guests or patrons.
"Coffeehouse"
means an establishment where the main stock-in-trade is brewed
coffees, teas, and other nonalcoholic beverages for on-site consumption,
which may be accompanied by snack foods, either packaged or fresh.
"Entertainment"
means every form of live entertainment, music, solo band
or orchestra, act, play, burlesque show, fashion show, review, pantomime,
scene, song or dance act, or song dance act, or any other act or performance
participated in by one or more persons for the purpose of holding
the attention of, gaining the attention or interest of, or amusing
guests or patrons.
"Karaoke"
means a form of entertainment wherein patrons sing in accompaniment
with live or electronically prepared music with the intent of holding
the attention of, or amusing guests or patrons, of the business.
"Minor"
means any person under the age of 18 years shall be deemed
to be a minor.
(2341 § 1, 1995; 2792 § 1, 2011; 2808 § 1, 2012)
A. It is
unlawful and a public nuisance for any person owning, managing or
controlling a coffeehouse to operate, maintain, carry on or assist
in the operation, maintaining or carrying on of a coffeehouse so as
to:
1. Permit
any minor to enter or remain in a coffeehouse between normal school
hours (that is, 9:00 a.m. to 3:00 p.m.) or after 8:00 p.m. of any
day of the week, except that minors may be permitted in the following
instances:
a. Where the minor is accompanied by a parent or guardian (if the guardian
can authenticate guardianship);
b. Where the minor is present on the premises by reason of performing
duties in the course and scope of employment.
Notice of the above-stated prohibition shall be posted by the
business manager or owner at the entrance in lettering of at least
two inches in size.
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2. Permit
any person to indulge in boisterous conduct or use of profanity, or
otherwise conduct him or herself in a vulgar or indecent manner while
such person is present in a coffeehouse;
3. Permit
an intoxicated person to enter, be or remain in any coffeehouse;
4. Shut
or turn off, or reduce, the intensity of the lighting of the coffeehouse
to such a degree to make it difficult or impossible to clearly see
or identify individuals inside the business;
5. Permit
entertainment, including, but not limited to, karaoke, to occur at
any time on the business premises, except that live music, other than
karaoke, consisting of no more than one vocalist and/or one unamplified
instrumentalist may be permitted; however, this restriction shall
not apply to any business owner who desires to provide entertainment
in conjunction with a coffeehouse located within the Main Street Retail
Overlay (H-R) zone;
6. Permit
any transmission, whether video or audiovisual, on a television or
monitor which promotes or provides karaoke or illegal gambling;
7. Permit
any amusement devices to be in the business at any time;
8. Operate
a coffeehouse between the hours of 2:00 a.m. and 5:00 a.m. during
any day of the week;
9. Operate
a coffeehouse without "No loitering" signs posted at the front and
rear of the business;
10. Operate a coffeehouse with alcoholic beverages made available to
the business patrons, or otherwise stored on the premises at any time;
11. Maintain or permit any platform or stage on the premises at any time;
12. Permit smoking on the premises in violation of Section 6404.5 of
the California
Labor Code or any other applicable law;
13. Permit, cause, allow or assist any employee or other person to expose
specified anatomical areas to another person. For purposes of this
section, the term "specified anatomical areas" shall have the same
meaning as defined in Municipal Code Section 9.16.020.070.B.2.
14. Permit the tinting or placement of any covering or material on or in any windows or glass doors of a coffeehouse, other than lawful window displays authorized pursuant to Chapter
9.20 of this Code, such that the windows or glass portions of the entrances are not left open, clear and unobstructed, so as to allow an unimpaired line of sight by a peace officer into the interior of the business premises during business hours.
B. It is
unlawful for any minor to enter or remain in a coffeehouse after 8:00
p.m. of any day of the week, except that a minor may enter or remain
in a coffeehouse after 8:00 p.m. where:
1. The
minor is accompanied by a parent or guardian (if the guardian can
authenticate guardianship);
2. The
minor is present on the premises by reason of performing duties in
the course and scope of employment.
(2341 § 1, 1995; 2386 § 1, 1997; 2451 § 2, 1998; 2792 § 2,
2011; 2808 § 1, 2012)
Any existing coffeehouse in the City shall comply with all requirements
of this chapter, not later than 60 days from the effective date of
the ordinance codified in this chapter.
(2341 § 1, 1995; 2808 § 1, 2012)
If any section, subsection, sentence, clause, phrase, part or
portion of this chapter or any ordinance enacting provisions of this
chapter is for any reason held to be invalid or unconstitutional by
any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of such chapter or ordinance.
(2386 § 2, 1997; 2808 § 1, 2012)