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HomeMy WebLinkAboutPC Res 16-19 - 2016-09-06RESOLUTION NO. 16 -19 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF ZONE TEXT AMENDMENT 15 -1 REGARDING ALLOWABLE INCIDENTAL BUISNESS ACTIVITIES AND NOISE THRESHOLDS THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1. On September 6, 2016 the Planning Commission held a duly noticed public hearing to consider Zone Text Amendment 15 -1, which would amend Title 11 Chapter 11.4.05 of the Seal Beach Municipal Code regarding allowable incidental business activities as set forth in the draft ordinance included as Exhibit "A ". Section 2. This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because the amendment relates to existing rules and procedures governing amplified and unamplified entertainment as an incidental business activity; consists only of the proposed modification of the existing zoning provisions regulating entertainment incidental to a primary business activity or other use on a site, including upgrades and other revisions and clarifications to enhance the existing regulations and procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. The amendment therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308, regarding actions in compliance with the requirements of CEQA. Section 3. The Planning Commission recommends that the City Council adopt Zone Text Amendment 15 -1. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on September 6, 2016 by the following vote: AYES: Commissioners "S: NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners �d.ttict� i1.�rn�n -vrva�� Esther Cummings Chairperson Jim Ba §ham Commission Secretary EXHIBIT A DRAFT ORDINANCE 1659 ORDINANCE NO. 1659 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 11.4.05.010.13 OF CHAPTER 11.4.05 OF TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE RELATING TO ALLOWABLE INCIDENTAL BUSINESS ACTIVITIES THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Section 11.4.05.010.D of Chapter 11.4.05 of Part IV of Title 11 relating to allowable incidental business activities is hereby amended as follows: D. Allowable Incidental Business Activities. 1. Allowed Uses. The following activities with or without using amplified equipment or instruments are allowed without an Incidental Entertainment Permit when deemed incidental to a legally established commercial business, and when conducted in compliance with the operational standards identified in subsection D.5.d: a. Book or poetry readings in a cafe, restaurant, or bar; b. Fashion show in a cafe, restaurant, or bar; C. Parlor games or party games in a cafe, restaurant, or bar; d. Live, amplified or unamplified tableside entertainment performed by no more than 1 (one) individuals (including but not limited to a singer, musician, instrumentalist, magician, balloon entertainer, face painter or comedian) in a retail store, gallery, restaurant, or cafe; and e. Other uses as determined by the Director to be of the same general character as those listed above, and not objectionable or detrimental to surrounding properties and the neighborhood. 2. Prohibited Uses. The following entertainment activities are prohibited as incidental business activities: a. Dancing; Ordinance Number 1659 b. Karaoke;and C. Performances by singers, musicians, comedians, actors, magicians, or other entertainers of any kind, from a stage. 3. Incidental Entertainment Permit Required. The following types of entertainment are allowed as incidental business activities only when the entertainment is authorized by an Incidental Entertainment Permit approved by the Planning Commission, the entertainment is deemed to be incidental to a legally established business or other use, and the entertainment is conducted in compliance with the standards identified herein and all conditions and requirements of the approved Incidental Entertainment Permit: a. Live, amplified or unamplified tableside entertainment performed by 2 but no more than 4 individuals (including but not limited to a singer, musician, instrumentalist, magician, balloon entertainer, face painter or comedian), in a retail store, gallery, restaurant, cafe or any other business or use; and b. Other uses as determined by the Director to be of the same general character as those listed above, and not objectionable or detrimental to surrounding properties and the neighborhood. 4. Compliance with Zoning and Land Use Approvals. All incidental business activities shall be conducted in accordance with the requirements of the zone in which they are located, and in compliance all conditions and provisions of any conditional use permit or other permit, approval or entitlement issued for the subject property, and all other applicable requirements of this code. 5. Incidental Entertainment Permit and Approval Procedures a. Permit Required. An Incidental Entertainment Permit issued by the Planning Commission shall be required for all incidental business activities except as provided in subsection D.1 of this section 11.4.05.010. The property owner, tenant or other person owning or operating the business or other use shall be responsible for obtaining approval of the Incidental Entertainment Permit for a specific location, property or premises. `a Ordinance Number 1659 b. Review Procedure. (i) Application Forms and Fees. Applicants for Incidental Entertainment Permits shall file an application with the Director in accordance with the application procedures in Section 11.5.10.010: Application Forms and Fees. (ii) Notice. The City shall provide notice of applications for Incidental Entertainment Permits in accordance with Section 11.5.10.025: Public Notification. (iii) Decisions on Incidental Entertainment Permits. The Planning Commission shall conduct a hearing for any application for an Incidental Entertainment Permit. After the hearing is closed, the Commission shall adopt a resolution approving, conditionally approving or denying the application. C. Required Findings for Approval of Incidental Entertainment Permit. An Incidental Entertainment Permit shall be granted only if the Planning Commission finds, based upon evidence submitted at the hearing, the proposal as submitted, or as modified, conforms to all of the following criteria and findings: (i) The facts and information presented in the application are complete, true, correct, and accurate based on the evidence in the record and the applicant has not made any false, misleading, or fraudulent statement or omission of a material fact in the application; (ii) The business or other use at which the Incidental Entertainment Permit is proposed is being operated in accordance with federal and state law, city ordinances, and the conditions of any other regulatory permit, land use permit or entitlement; (iii) The proposed incidental business activities are located in a zone permitting the entertainment under Title 11 of this code; 3 Ordinance Number 1659 (iv) The proposed incidental business activities will meet and comply with all of the operational standards set forth in section 11.4.050.D.5.d and any additional entertainment restrictions imposed by the Commission pursuant to section 11.4.05.010.D.5.e of this chapter; (v) The applicant has not knowingly allowed intoxicated persons in the building or other premises, or loud or raucous noise, disturbance of the peace, or other interference with the neighbors' peaceful enjoyment of their properties; (vi) The proposed incidental business activities will not interfere with traffic or pedestrian access along adjacent or nearby rights of way, or off- street parking requirements; and (vii) If the application is for renewal of or a new Incidental Entertainment Permit, the applicant has not violated provisions of the previous permit or the ordinances or regulations of the city or state or federal law in the conduct of the previous incidental business activities. If the Commission is unable to make all of these findings, the Commission shall deny the Incidental Entertainment Permit or any proposed renewal of the Incidental Entertainment Permit. d. Compliance with Operational Standards. In order to ensure that the entertainment shall be only accessory and incidental to the primary use, and that the entertainment does not interfere with any other business, use or activity in surrounding areas, all incidental business activities shall comply with all of the following operational standards, whether or not an incidental entertainment permit is required: (i) Duration; Expiration Date. When an Incidental Entertainment Permit is approved, the duration and expiration date of an Incidental Entertainment Permit shall be specified in the permit. An Incidental Entertainment Permit shall expire one year from date of approval of the permit unless the Cl Ordinance Number 1659 permit is renewed in accordance with section 11.4.05.010.D.6. (ii) Location. The incidental business activities shall take place only within the enclosed interior area of the business or other use, and only during the primary business activity without replacing the primary business activity at any time. (iii) Hours of Operation. Except as otherwise provided in any conditional use permit or other land use entitlement, all incidental business activities shall be limited to the hours of 6:00 p.m. to 9:00 p.m. on Sunday through Thursday and the hours of 6:00 p.m. to 10:00 p.m. on Friday and Saturday. (iv) Outside Promoters. The incidental business activities shall be part of the primary business use and shall not be sponsored by an outside promoter or other outside person, entity, or organization; however, the entertainment may benefit a non - profit organization directly engaged in civic or charitable efforts. (v) Admission Charges. There shall not be admission charges to enter the business or any other cover charges based on the incidental business activities. (vi) Noise Impacts. All incidental business activities shall comply with Section 11.4.10.020.6: Noise and all sound and noise requirements set forth in this Chapter. (vii) Traffic and Parking. The incidental business activities shall not generate enough additional traffic to warrant the need for additional off - street parking on a regular basis. (viii) Adverse Impacts on Adjacent Areas; Public Nuisance. The incidental business activities shall not cause any additional adverse impacts on neighboring residential or commercial property owners or tenants, including but not 5 Ordinance Number 1659 limited to, loitering, consumption of alcoholic beverages in any parking lot or on any other private or public property, public drunkenness, disorderly conduct, littering, obstruction of free access on any public sidewalk or public street, fighting, or any other conduct that constitutes a public nuisance. (ix) Freedom of Speech. No condition may be imposed pursuant to this chapter that suppresses or regulates expression in any manner contrary to law. (x) Stage. No stage shall be allowed (xi) Occupancy Limit. The occupancy limit established for the business or other use shall be clearly posted at the front and rear of the interior building and shall not be violated at any time. (xii) Display of Permit. A copy of the Incidental Entertainment Permit and all restrictions and conditions of approval shall be kept on the premises at all times and made available to any code enforcement officer, city peace officer or other city employee upon request. The permit shall also be displayed along the front window facing the public right -of -way. (xiii) Acceptance of Conditions. No Incidental Entertainment Permit shall be effective for any purpose until the applicant signs and returns a notarized "City Acceptance of Conditions" form. (xiv) Noise Time Limits. Live and amplified music shall be limited to 6:00 p.m. to 9:00 p.m. Sunday through Thursday and 6:00 p.m. to 10:00 p.m. Friday and Saturday. (xv) Maximum Noise Level Near Residentially Zoned Property. Live and amplified music shall not exceed a maximum noise level Lmax of 50dBA when measured at any residentially zoned property exterior location (front, side and rear yard, property line, patio and or balcony. 0 Ordinance Number 1659 e. Entertainment Restrictions. When considering an application for an Incidental Entertainment Permit, the Planning Commission may impose additional conditions or restrictions on the Incidental Entertainment Permit to protect the health, welfare and safety of the surrounding businesses and uses, which restrictions may include but are expressly not limited to the following: (i) The applicant shall submit to the Community Development Department a sound survey prepared by a licensed engineer showing that the proposed incidental business activities will not create undue noise or vibration that will violate the entertainment restrictions as a condition of any of the following: (a) To provide incidental business activities as part of a new business; (b) To provide incidental business activities at an existing business; or (c) To provide incidental business activities at any business or other use that is the subject of an application for a building permit, business license, or land use entitlement authorized under any other provision of this code. (ii) The incidental business activities shall not be audible beyond the exterior walls of the business in any direction, including sound and vibration. (iii) All doors and windows shall be closed during all incidental business activities to minimize noise and vibration impacts on the nearby uses. (iv) The premises shall have sufficient sound absorbing insulation such that noise and vibration generated within the building or other premises shall not be audible outside the exterior of the premises. VA Ordinance Number 1659 (v) The incidental business activities taking place at the business or other use shall be only those activities authorized by the Incidental Entertainment Permit and /or in the license issued by the State of California Alcoholic Beverage Control, conditional use permit or any other restriction issued by any regulatory power with authority over the business, use or premises. (vi) All areas of the business or other use that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all persons in the business. (vii) The business operator or other permittee shall comply with any other applicable permit or law that prohibits presence of persons under the age of 21. Persons under the age of 21 who are otherwise lawfully present in the building or other premises shall be accompanied and under the care of a parent or legal guardian at all times. (viii) The business operator or other permittee shall provide a state licensed, bonded and certified security guard(s) during the hours that the incidental entertainment activities are provided to ensure that all operations on the premises shall comply with all conditions of approval, including but not limited to restrictions regarding noise, vibration, use of back door, litter, access, windows and doors being closed, and other conditions imposed to prevent any other adverse impacts on the neighborhood. (ix) The business operator or other permittee shall and maintain security cameras and /or other security measures to prevent any adverse impacts on surrounding businesses or other uses. (x) Every business owner or other permittee shall agree to defend, indemnify and hold harmless the City from any and all claims, lawsuits or Ordinance Number 1659 actions arising from the granting of or the exercise of the rights permitted by an Incidental Entertainment Permit, in a form satisfactory to the City. f. Appeals. Any person may appeal the Planning Commission's action pursuant to Title 1: General Provisions, Section 1.20.005: Administrative Review, in which case the City Council shall be the hearing officer as that term is used in Section 1.20.005: Administrative Review. g. Land Use Permits or Approvals; Compliance Required. Approval of an Incidental Entertainment Permit pursuant to this chapter shall not constitute approval or modification of any conditional use permit, variance or other land use permit, entitlement or approval required under Title 11 or any other provision of this Code. At all times the permittee shall comply with all applicable requirements and conditions of the Incidental Entertainment Permit, any such other permit, entitlement or approval, and all other requirements of this Code in conducting the incidental entertainment activities in the building or other premises. Violation of any provision of the Incidental Entertainment Permit, any other permit, entitlement, or approval, or any provision of the Code, may result in imposition of an administrative citation, revocation and /or nonrenewal of the Incidental Entertainment Permit, or such other civil and criminal remedies as provided in this section. h. Permits Not Transferable. An Incidental Entertainment Permit approved pursuant to this chapter is not transferable to any other person, use, building, premises, or location. 6. Renewal of Incidental Entertainment Permit. An Incidental Entertainment Permit may be renewed annually by the permittee subject to compliance with all of the following provisions. a. Deadline for Renewal Application; Expiration. M Ordinance Number 1659 (i) A renewal application shall be filed at least thirty (30) days prior to the expiration date set forth in the Incidental Entertainment Permit. (ii) If a permittee does not apply for renewal of the incidental entertainment permit by submitting a letter or other application seeking renewal at least 30 days prior to the annual expiration date, then the permit will automatically expire as provided in Section 11.4.05.010.D.7. Upon expiration of the Incidental Entertainment Permit, all incidental business activities shall cease and no incidental business activities shall take place at the site, property or premises until the permittee obtains approval of a renewal permit from the City, unless the incidental business activities are otherwise allowed without an Incidental Entertainment Permit by Section 11.4.05.010.D.1 of this chapter. (iii) If the permittee files a timely renewal application as required by subsection D.6.a.i, the expiration date shall be based on date of approval of the renewal permit or date of denial of the renewal permit by the Planning Commission (or City Council on appeal). (iv) Upon denial of the renewal of an Incidental Entertainment Permit, no new Incidental Entertainment Permit shall be approved for the same business, use or location for twelve (12) months after the effective date of denial unless the denial was without prejudice. b. Renewal Review Procedures. (i) Renewal Application Forms and Fees. Applicants for renewal of Incidental Entertainment Permits shall file a renewal application with the Director in accordance with the application procedures in Section 11.5.10.010: Application Forms and Fees. (ii) Notice. The City shall provide notice of applications for renewal of Incidental 10 Ordinance Number 1659 Entertainment Permits in accordance with Section 11.5.10.025: Public Notification. (iii) Decisions on Renewals. The Planning Commission shall conduct a hearing for any application for renewal of an Incidental Entertainment Permit. After the hearing is closed, the Commission shall adopt a resolution approving, conditionally approving or denying the renewal application. (iv) Required Findings, Operational Standards and Entertainment Restrictions for Renewal. A renewal application shall not be approved unless the Planning Commission is able to make all of the findings set forth in subsection D.5.c; and if the Commission is unable to make all of the findings set forth in subsection D.5.c, the renewal application shall be denied. In approving a renewal application, all operational standards set forth in subsection D.5.d shall apply; and the Commission may impose additional entertainment restrictions as provided in subsection D.5.d to ensure compliance with all of the requirements of this section 11.4.05.010. D and this code. (v) Duration of Renewal Permit. The period of renewal of any Incidental Entertainment Permit shall not exceed (1) one year from date of approval. The duration and expiration date of the renewal permit shall be (1) year. 7. Expiration of Incidental Entertainment Permit. a. Events Triggering Expiration. If the permittee fails to submit a timely application for renewal by the 30 day deadline set forth in section D.6.a. of this section, the Incidental Entertainment Permit shall expire according to its terms on the expiration date specified in the permit. If a renewal application is denied, the Incidental Entertainment Permit shall expire on the date of denial. b. Effect of Expiration or Denial of Renewal Permit. 11 Ordinance Number 1659 (i) Upon expiration of the original or any renewal Incidental Entertainment Permit, all incidental business activities shall immediately cease except to the extent allowed under subsection 11.4.05.010. D.1. (ii) If the Planning Commission (or City Council on appeal) denies the renewal permit, then no new Incidental Entertainment Permit shall be approved for the same business, use or location for twelve (12) months after the effective date of denial unless the denial is without prejudice. 8. Procedures for Revocation or Suspension of Permit and Imposition of Administrative Fines. Violations of this section 11.4.05.010.D or of any Incidental Entertainment Permit issued pursuant to this section may be processed and determined in accordance with the following provisions. a. Revocation of Permit - Grounds. The Planning Commission may revoke an Incidental Entertainment Permit if the Commission makes any one of the following findings: (i) The permit was obtained by misrepresentation or fraud; (ii) The operational standards or entertainment restrictions of the permit have been violated; (iii) The incidental business activities authorized by the permit are in violation of any provision of this section 11.4.05.010.D or this code, or any other statute, ordinance, law, or regulation, or constitutes a public nuisance; or (iv) The permittee, or owner or occupant of the business or property is conducting the business or other use of the property in violation of any statute, ordinance, law, or regulation or in a manner that constitutes a public nuisance. 12 Ordinance Number 1659 b. Penalty for First Offense — Administrative Fine; Appeal. (i) Administrative Fine. If the Director or any other citation authority makes any of the findings set forth in subsection D.9.a of this section, the citation authority shall issue an administrative fine in the amount of $100.00 for a first offense, pursuant to the procedures set forth in Chapter 1.15 of Title 1 of this code. (ii) Effective Date. The citation authority's decision imposing an administrative fine for a first offense shall be effective upon the date of service of the citation in accordance with subsection D of section 1.15.015 of Chapter 1.15 of Title 1 of this code. (iii) Appeal. Within ten (10) days following the final decision of the citation authority imposing an administrative fine for a first offense, any interested person may appeal the administrative fine subject to the provisions set forth in Title 1, Chapter 1.15 of this code. C. Penalty for Second Offense — Administrative Fine and Revocation. (i) Revocation and Administrative Fine. Following a noticed public hearing, if the Planning Commission makes any of the findings set forth in section D.9.a of this section for a second offense occurring within the same 12 -month period as the first offense, the Planning Commission shall impose a $200 fine and revoke the Incidental Entertainment Permit. (ii) Revocation Procedures. (a) Notice. The City shall provide notice of a public hearing for the proposed revocation of Incidental Entertainment Permits in accordance with Section 11.5.10.025: Public Notification. 13 Ordinance Number 1659 (b) Decisions on Revocations of Incidental Entertainment Permits and Administrative Fine. The Planning Commission shall conduct a hearing for any proposed revocation of an Incidental Entertainment Permit and imposition of an administrative fine for the second offense. After the hearing is closed, the Commission shall adopt a resolution approving, conditionally approving or denying the proposed revocation and administrative fine. (iii) Appeals. Any person may appeal the Planning Commission's action pursuant to Title 1: General Provisions, Section 1.20.005: Administrative Review, in which case the City Council shall be the hearing officer as that term is used in Section 1.20.005: Administrative Review, (iv) Citation Authority. For purposes of issuing administrative fines for a second offense, the term "citation authority" as defined in section 1.15.010 of Chapter 1.15 of Title 1 means only the Planning Commission or City Council on an appeal. d. Appeal Procedure for Second Offense — Fine and Revocation. Appeals of the Commission's decision to impose an administrative fine and revoke an Incidental Entertainment Permit for a second offense shall be subject to the following procedures. (i) Deadline to Appeal. Within ten (10) days following the final decision of the Planning Commission to revoke an Incidental Entertainment Permit and to impose an administrative fine for a second offense pursuant to subsection D.9.c.(ii) of this section 11.4.05.010, any interested person may appeal the Commission's decision subject to the provisions set forth in Title 1, Chapter 1.20 of this code. M Ordinance Number 1659 (ii) Hearing Officer. The city council shall be the hearing officer for the purpose of such appeal procedure, and the decision of the city council shall be final. (iii) Waiver; Final Decision. Failure to file a written appeal in accordance with the time deadlines set forth in this section shall constitute a waiver of the right to appeal an administrative fine and revocation for a second offense, and the decision of the Commission shall be final. Failure to properly and timely appeal in accordance with the time deadlines set forth in this chapter shall constitute a failure to exhaust administrative remedies and a bar to any judicial action pertaining to the decision of the Commission. e. Permits Following Revocation. No new Incidental Entertainment Permit shall be approved for the same business or location for twelve (12) months after the effective date of revocation. f. Pre - existing Lawful Incidental Business Activities (i) Continuance of Lawful Activities. Notwithstanding any other provision of this chapter, any business or other use which, prior to the effective date of this chapter, received approval of a conditional use permit allowing incidental business activities pursuant to Chapter 11.4.05, Section 11.4.05.010.D, Allowable Incidental Business Activities, or any predecessor ordinance, may continue such lawfully approved incidental entertainment activities pursuant to the terms and conditions of such conditional use permit without complying with the requirements of this chapter, provided that all of the following are met: (a) The owner and operator of the property conduct such incidental entertainment activities in accordance with the conditions and requirements of the 15 Ordinance Number 1659 conditional use permit and all other provisions of this code; and (b) There are no code violations on such property or use; and (c) The use authorized by such CUP continues and has not been abandoned as provided in this code. The adoption of this section 11.4.05.05.010.D shall not modify any of the terms and conditions of such conditional use permit, which shall remain in full force and effect. 10. Modifications by permittee. Any permittee who proposes a change or modification to the incidental business activities authorized under an existing conditional use permit shall be required to amend such conditional use permit in accordance with its conditions and comply with the provisions of this section 11.4.050.010. D. 11. Public Nuisance Defined. As used in this subsection 11.4.05.D, a public nuisance means any of the following: a. Any violation of this subsection 11.4.05.D; b. Any violation of any provision of an Incidental Entertainment Permit issued in accordance with this subsection 11.4.05.D; C. Any violation of any previously existing Conditional Use Permit which authorized incidental business activities under this subsection 11.4.05.D or any predecessor ordinance; d. Any violation of the code; or e. Any other act or omission that constitutes a public nuisance under state law. 12. Violations. In the event that (1) the incidental entertainment activities authorized by a previously issued conditional use permit are not conducted in accordance with the requirements of such CUP, or (2) such use has been abandoned as defined by city ordinance or other law, or (3) any other violation of the code occurs on such property, the 16 Ordinance Number 1659 City may take such steps to enforce the conditional use permit and code and /or revoke such permit as provided by law. Nothing in this section shall preclude the city from revoking a CUP or taking such other actions as may be warranted under any other provisions of this code. 13. Remedies cumulative. Any violation of this section 11.4.05.D may be prosecuted civilly or criminal as provided by Chapter 1.15 or as otherwise provided by law. The City may take any such steps as deemed necessary and appropriate under applicable law to restrain and remedy any nuisance committed by any permittee or any other person. All remedies set forth in this section 11.4.05.D are cumulative and non - exclusive." Section 2. Section 11.5.05.025 of Chapter 11.5.05 of Part V of Title 11 is hereby amended to add Incidental Entertainment Permits to Table 11.5.05.025 as follows: TABLE 11.5.05.025 REVIEW AUTHORITY Review Authority and Role TYPE OF PROCEDURE DIRECTOR PLANNING CITY PERMIT OR IS IN: COMMISSION COUNCIL DECISION Land Use Permits and Other Development Entitlements: Incidental Chapter Decision Appeal Entertainment 11.4.05 Permit Except as otherwise specifically amended by the aforesaid addition, Table 11.5.05.025 remains in full force and effect. Section 3. Section 11.6.05.010 of Chapter 11.6.05 of Part VI of Title 11 is hereby amended to include the following definitions: Ambient Music: Prerecorded, broadcast or satellite music played at the premises or building. Director or Director of Community Development: The Director of Community Development of the City of Seal Beach, or his or her designee. Entertainment: An event or series of events or activities, or a business or use, occurring as incidental of another event, activity, business, or use, to which the public is invited to watch, listen or participate (excluding dancing) or is conducted for the purpose of holding the attention of, gaining the attention of or diverting or 17 Ordinance Number 1659 amusing guests or patrons, including but not limited to live music, singing, (including but not limited to karaoke), recorded music played by a disc jockey (DJ), ambient music, amplified music or unamplified music, or other performance, whether or not said activities are accompanied by music or rhythm, which is occurring, conducted or taking place inside or outside a building and attended by members of the public. Section 4. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances. Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 6. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2016. ATTEST: City Clerk IF Mayor Ordinance Number 1659 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the th day of , 2016 and was passed, approved, and adopted by the City Council at a regular meeting held on the day of 2016 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members and do hereby further certify that Ordinance Number 1659 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk 19