For the purposes of this chapter, the following term shall have
the following meaning:
shall mean and include any business establishment which is regularly open twenty-four hours a day or which has an opening or closing hour that falls between 2:00 a.m. and 6:00 a.m. It shall not include bars and nightclubs which only have an opening or closing hour that falls between 2:00 a.m. and 6:00 a.m. on certain holidays or for special events pursuant to Section 5.12.020 of the West Hollywood Municipal Code.
(Prior code § 6351.5(a); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 34, 35, 36, 1995)
The city finds that businesses which are open for twenty-four
hours a day, by virtue of the fact that they continue to operate throughout
the night while most people are asleep, generate traffic and noise
patterns during off hours which tend to disrupt the character of the
surrounding neighborhood and which tend to attract criminal activity.
This disruptive effect is enhanced in the City of West Hollywood where
residential and nonresidential uses are often found in close proximity.
Therefore, the city finds that there is a need to regulate these businesses
to ensure that the business operators maintain and run the businesses
in a clean and healthful manner so as to reduce the effect of the
increased traffic and noise generated by such businesses.
(Prior code § 6351.5(b); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 34, 35, 36, 1995)
1.
Manager Required. Extended hour business operators shall
require a manager to be on the premises during all hours of the business
operation.
2.
Light and Glare. On-site screening shall be installed and maintained, to the satisfaction of the Director, to minimize light and glare on adjoining residential properties and dwelling units, in compliance with Section 19.20.100 (Outdoor Lighting).
3.
Noise. Precautions shall be taken to minimize the noise impacts of entertainment, music sources, employees and patrons (both within and outside of motor vehicles) on adjoining residential properties in compliance with Municipal Code Chapter 9.08 (Noise). No deliveries shall occur during extended hours.
4.
Traffic Impacts. The business shall be operated to minimize
impacts on nearby residential neighborhoods resulting from late night
or early morning vehicle or pedestrian traffic generated by the business.
5.
Crime Prevention. The facility shall be designed, developed,
and operated to provide the maximum feasible patron and employee security
and crime prevention. Specifically, the design, installation, and
maintenance of landscaping, fences, walls, hedges, outdoor displays
and storage, security lighting, and solid waste storage areas shall
promote customer, neighborhood, and employee security and minimize
opportunities for crime to the greatest extent feasible. A minimum
of one security guard, licensed and possessing a valid Department
of Consumer Affairs "Security Guard Card" at all times, shall remain
on duty during all hours from 2:00 a.m. to 6:00 a.m. that the business
is open. The business operator shall not employ security guards armed
with firearms or tasers. The Commission may waive or modify the security
guard requirement if an alternative method is determined to be acceptable
in meeting the intent of this subsection or due to the nature or location
of the business the Commission determines that the security guard
requirement is not necessary
6.
Parking. Existing on-site parking spaces adjoining residential properties and dwelling units shall not be used between the hours of 2:00 a.m. to 6:00 a.m., except for employee parking. This standard shall not be construed or interpreted so as to encourage on-street parking within or immediately adjacent to any adjoining residential neighborhoods. The design, installation, and maintenance of on-site parking areas shall comply with Chapter 19.28 (Off-Street Parking and Loading Standards).
7.
Other Conditions. The Commission has the authority to add
other conditions as necessary.
(Prior code § 6351.5(c); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 34, 35, 36, 1995; Ord. 17-1014 § 6, 2017; Ord. 17-1019 § 10, 2018)
In order to approve an application for an extended hour business,
the Commission must make the following findings:
1.
The
proposed business will provide sufficient off-street parking for its
patrons to prevent cruising on neighborhood streets, looking for parking,
or other traffic-related noise and disturbances during the hours between
10:00 p.m. and 6:00 a.m.;
2.
The
proposed business premises shall be maintained or refurbished to present
a neat and clean appearance;
3.
The
applicant or licensee will discourage patrons from engaging in criminal
or unlawful activity on or immediately adjacent to the business premises
by providing diligent management, instituting security measures and
making contact with the Sheriff's Department whenever such unlawful
activity occurs; and
4.
The
applicant will discourage loitering in and immediately adjacent to
the business premises.
(Prior code § 6351.5(d); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 34, 35, 36, 1995; Ord. 17-1014 § 7, 2017)
In addition to the grounds for revocation set forth in Section 5.08.190, the Commission may revoke a business license for an extended hour business if it finds:
1.
That
the licensee, licensee's employees, agents or manager have provided
insufficient parking for its patrons, thus causing cruising on neighborhood
streets, looking for parking, and causing other traffic-related noise
and disturbances between the hours of 10:00 p.m. and 6:00 a.m.;
2.
That
the licensee, licensee's employees, agents or manager have failed
to maintain the business in a neat and clean condition;
3.
That
the licensee, licensee's employees, agents or manager have allowed,
or failed to prevent, its business patrons to engage in criminal or
unlawful activity on or immediately adjacent to the business premises;
and
4.
That
the licensee, licensee's employees, agents or manager have permitted
or failed to discourage loitering in and immediately adjacent to the
business premises.
(Prior code § 6351.5(e); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 34, 35, 36, 1995)
An applicant for a business license for an extended hour business
shall make application on the forms furnished by the Director and
shall provide all information deemed necessary by the Director, including,
but not limited to, the following:
1.
Proposed
hours of operation.
2.
A security
plan that describes the security features, including personnel and
equipment, that the applicant will employ and how they will be utilized.
3.
A description
of how the applicant will maintain the orderly appearance and operation
of the premises with respect to litter and noise.
4.
A description
of how the business will have people exit the establishment at closing
time and during an emergency that requires all people to exit the
establishment quickly.
5.
Such
other reasonable and pertinent information as the Business License
Commission may require.
6.
An applicant
shall promptly notify the Director, in writing, of amendment to the
submitted business plan.
(Ord. 17-1014 § 8, 2017)
