Chapter 5.25
OPERATOR LICENSE FOR ESTABLISHMENTS OFFERING ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION IN COMBINATION WITH LATE HOURS, ENTERTAINMENT, AND/OR DANCE
Sections:
5.25.020 Applicability to Existing Businesses and Enterprises.
5.25.030 Application for an Operator License.
5.25.040 Application Requirements.
5.25.050 Issuance of License—Criteria and Findings.
5.25.060 Notice of Determination.
5.25.070 Operator License Nontransferable.
5.25.080 Revocation, Suspension or Modification of License for Cause.
5.25.090 Licenses and Fees Not Exclusive.
5.25.010 License Required.
No person shall operate, or engage in, any of the following, until that person has first obtained an operator license pursuant to this chapter:
A. A business or commercial enterprise defined as “bar, lounge, and nightclub” in Chapter 20.70;
B. A business or commercial enterprise which does or intends to offer alcoholic beverages for on-site consumption in combination with “food service, late hours,” as defined in Chapter 20.70; or
C. A business or commercial enterprise that does or intends to offer alcoholic beverages for on-site consumption in combination with “entertainment” as defined in Chapter 5.28, or “cafe dance” as defined in Chapter 5.32. (Ord. 2023-22 § 266, 2023; Ord. 2011-2 § 1 (part), 2011)
5.25.020 Applicability to Existing Businesses and Enterprises.
The provisions of this chapter shall not operate to revoke any valid permit or other approval in effect as of February 24, 2011. The foregoing notwithstanding, the provisions of this chapter shall be deemed to require an operator license in any of the following instances:
A. The approval or amendment of a use permit, as required by Title 20.
B. The issuance of a building permit for modifications comprising a change in the type of occupancy or an increase in the maximum occupant capacity of an establishment, as defined by the Uniform Building Code.
C. As a result of a negotiated restitution or agreement to resolve or settle any administrative, civil, or criminal matter relating to any violation of this Code.
D. As required by an order of judgment in a civil or criminal case brought by the City.
E. Transfer of a business operating pursuant to an issued operator license, as required by Section 5.25.070.
F. The reestablishment of a business or commercial enterprise subsequent to its loss of nonconforming status as set forth in Chapter 20.38. (Ord. 2023-22 § 267, 2023; Ord. 2011-2 § 1 (part), 2011)
5.25.030 Application for an Operator License.
Applications for an operator license shall be filed with the Chief of Police on forms supplied by the City, and shall be accompanied by a fee established by resolution of the City Council, which shall be no more than necessary to cover the costs of processing the application and investigation of the contents and statements therein. Where an operator license application is required in relation to the processing or amendment of a use permit required by Title 20 of this code, such application may be filed and processed concurrently. The following provisions will apply in cases where a use permit and operator license are concurrently processed:
A. Notwithstanding Section 5.25.060, the Chief of Police shall not be obligated to issue a determination within forty-five (45) days of the filing of a complete application for an operator license if the processing of the use permit extends beyond that time limit; and
B. An operator license processed concurrently with a use permit shall not become effective prior to the effective date of the use permit. (Ord. 2011-2 § 1 (part), 2011)
5.25.040 Application Requirements.
The following information shall be submitted to the Chief of Police by the business owner at the time of submitting an application for an operator license. Such information shall be submitted in accordance with forms, drawing instructions, and in a quantity of copies as determined by the Chief of Police:
A. A description of business or commercial enterprise and anticipated occupancy;
B. A site plan describing the building and/or unit proposed for the premises and a fully dimensioned floor plan, including outdoor dining areas;
C. A plan of operations describing the following:
1. The type of alcohol beverage control license held or sought;
2. A description of any proposed nature of entertainment and/or dance use of the premises;
3. The hours of operation for the business or commercial enterprise, at minimum indicating the hours of employees on site and hours open to patrons;
4. A security plan, if any, addressing such matters as personnel, the functions of those personnel and employee training;
5. A plan, if any, for contact with the Police Department, neighboring residents or businesses in the event of planned activities or emergencies; and
6. Features, if any, in the method of operation which may be material to the consideration by the Chief of Police in issuing the permit.
D. The application shall contain the following information:
1. The business owner’s name, residence street address, and mailing address, if different, and California driver’s license number and any and all aliases;
2. The name under which the business or commercial enterprise is to be operated;
3. The telephone number of the business or commercial enterprise and the address and legal description of the parcel of land on which the enterprise is located;
4. The date on which the business owner acquired the business or commercial enterprise for which the permit is sought, and the date on which the business or commercial enterprise began or will begin operations at the location for which the permit is sought;
5. If the business or commercial enterprise is owned and/or operated by a corporation, or other limited liability entity, the name of each officer and director of the corporation. If the enterprise is owned and/or operated by a partnership, the name of each general partner of the partnership;
6. A statement under oath that the business owner has personal knowledge of the information contained in the application and that the information contained is true and correct;
7. A statement that the business owner has read and understands the provisions of this chapter;
8. A statement whether the business owner previously operated in this or any other county, city or state under an entertainment establishment license/permit or similar business license, and whether the owner has ever had such a license revoked or suspended and the reason therefor, and the business entity or trade name under which the business owner operated that was subject to the suspension or revocation; and
9. If the premises are being rented or leased or being purchased under contract, a copy of such lease or contract shall accompany the application. (Ord. 2011-2 § 1 (part), 2011)
5.25.050 Issuance of License—Criteria and Findings.
A. Upon receiving an application for an operator license, the Chief of Police shall conduct an investigation, which may include referral of the application to other City departments, including but not limited to Fire, Planning, Building and/or Code Enforcement, to determine if the proposed business is in compliance with this chapter and other applicable provisions of this code. Each department shall make written recommendations to the Chief of Police.
B. At least twenty-one (21) days prior to the decision on the issuance of a license, notice shall be mailed to the applicant and all owners of property within three hundred (300) feet, excluding intervening rights-of-way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain a more recent address. The notice shall indicate that written comments to the decision of the Chief of Police will be accepted until the date of the decision indicated on the notice.
C. Approval of an operator license pursuant to this chapter shall be subject to the Chief of Police making each and all of the following findings:
1. The business or enterprise is proposed to be located in a zone permitting the proposed use under Title 20 of this code, and is subject to such use permits as may be required;
2. In the case of a business or enterprise offering “entertainment,” as defined in Chapter 5.28, the premises meets all of the criteria in Section 5.28.040(B)(2) through (7);
3. The site plan and proposed premises improvements as proposed, or as subject to such conditions as are attached to the approval, are consistent with the use and the plan of operations; and
4. The plan of operations as proposed, or as subject to such conditions as are attached to the approval, is adequate in light of the neighborhood in which the business or enterprise is located and supports the public health, safety and welfare of the community.
D. The Chief of Police, at the time of license approval, may attach additional conditions and requirements to the license as may be determined to be necessary in order to make the foregoing findings. In no case shall the conditions be inconsistent with, or less restrictive than, those required by any applicable use permit. Such additional conditions may include, but not necessarily be limited to:
1. An obligation to comply with Title 20 of this code, all conditions of approval of any applicable use permit, and any other applicable provision of the municipal code;
2. Hours of operation for the enterprise or business, or any particular activity in part thereof, including but not limited to commercial deliveries, food service, dancing, live entertainment, or sound amplification for entertainment purposes;
3. Exterior lighting, traffic management devices, security facilities or other such appurtenances, so long as such improvements may be constructed or made in compliance with other applicable provisions of this code;
4. Hiring, training, qualifications, and record-keeping requirements for employees, staff and security personnel of the business or enterprise;
5. A plan and schedule of the frequency of on-site compliance reviews of the business or enterprise by the Police Department or other agents of the City of Newport Beach;
6. The development and implementation of written plans by the licensee addressing how the licensee will meet the requirements of this chapter and may include crowd management, parking management, noise management, complaint response, and performance improvement; and
7. Specified provisions regarding the level and methods of measurement of noise to limit or prohibit audible sound at the property line of the establishment. (Ord. 2023-22 § 268, 2023; Ord. 2011-2 § 1 (part), 2011)
5.25.060 Notice of Determination.
A. Except in such cases as provided in Section 5.25.030(A), the Chief of Police shall make a determination on an application for an operator license within forty-five (45) days of such application being deemed complete.
B. The applicant shall be served with written notice of the decision, including the findings made by the Chief of Police in conditionally approving or denying the operator license. Notice shall be served in the manner provided in Section 1.08.080.
C. The determination of the Chief of Police to deny or to place conditions upon the approval of an operator license shall be appealable by the applicant or any interested party. Such appeal shall be made in writing to the City Clerk within fifteen (15) days of the service of the Chief of Police’s notice of decision. The appeal shall set forth the particular condition and the reasons that the applicant or any interested party believes the findings or decision is in error. The City Council shall make a determination on the appeal based on the application materials, the written determination of the Chief of Police and the written appeal of the applicant or any interested party. The City Council may take any of the following actions on the appeal:
1. Deny the appeal and affirm the determination of the Chief of Police and the conditions contained therein; or
2. Approve the appeal and/or approve or modify an appealed condition; or
3. Refer the application to the Chief of Police for further investigation and determination to be completed by a date certain.
D. The action of the City Council to deny the appeal and affirm the determination of the Chief of Police or to approve the appeal and/or approve or modify an appealed condition shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. (Ord. 2023-22 § 269, 2023; Ord. 2011-2 § 1 (part), 2011)
5.25.070 Operator License Nontransferable.
No operator license issued pursuant to this chapter shall be sold, transferred, or assigned by any license holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such license, and such license shall be, thereafter, null and void. A license held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. License shall be valid only for the exact location specified in the license. (Ord. 2011-2 § 1 (part), 2011)
5.25.080 Revocation, Suspension or Modification of License for Cause.
The Chief of Police may commence a process to revoke, suspend or modify an operator license issued under the provisions of this chapter should there be reasonable suspicion of any of the following:
A. The licensee has ceased to meet the requirements for issuance of license;
B. The applicant gave materially false, fraudulent or misleading information within the application;
C. Impacts emanating from the establishment for which the license was issued has substantially interfered with the peace and quiet of the neighborhood;
D. The licensed business or activity has operated in violation of any of the requirements of this chapter, the license as issued, or any condition thereof.
The Chief of Police shall notify the operator of the commencement of such revocation, suspension or modification process and shall conduct an investigation to determine if, and to what degree, one or more of the foregoing has occurred. Upon completion of the investigation, the Chief of Police may add, delete or modify the license conditions. The Chief of Police shall notify the applicant regarding the determination of the operator license, on the outcome of the investigation, and the action taken. The applicant or any interested party may appeal a determination or an added or modified condition of approval to the City Manager in the manner set forth in Section 5.25.050(C) and (D). (Ord. 2011-2 § 1 (part), 2011)
5.25.090 Licenses and Fees Not Exclusive.
Fees and licenses required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this code. (Ord. 2011-2 § 1 (part), 2011)