Long Beach, CA
File #: 10-0224    Version: 1 Name: CD1-Entertain Permits
Type: Agenda Item Status: Approved
File created: 2/19/2010 In control: City Council
On agenda: 3/2/2010 Final action: 3/2/2010
Title: Recommendation to request City Attorney to work with Business Licensing to draft an ordinance within 60 days that provides exceptions to the entertainment licensing requirements, or creates an alternative process for entertainment permitting, for businesses that are not primarily entertainment venues, do not sell alcoholic beverages, admit all ages, and allow music only occasionally, not mainly for dancing, not at an excessively loud volume, and limited to certain hours, to be determined by City Council, so that it is easier for these businesses and venues to host performances.
Sponsors: COUNCILMEMBER ROBERT GARCIA, FIRST DISTRICT, COUNCILMEMBER SUJA LOWENTHAL, SECOND DISTRICT, COUNCILMEMBER PATRICK O'DONNELL, FOURTH DISTRICT, COUNCILMAN DEE ANDREWS, SIXTH DISTRICT
Indexes: Ordinance request
Attachments: 1. 030210-R-18sr.pdf
TITLE
Recommendation to request City Attorney to work with Business Licensing to draft an ordinance within 60 days that provides exceptions to the entertainment licensing requirements, or creates an alternative process for entertainment permitting, for businesses that are not primarily entertainment venues, do not sell alcoholic beverages, admit all ages, and allow music only occasionally, not mainly for dancing, not at an excessively loud volume, and limited to certain hours, to be determined by City Council, so that it is easier for these businesses and venues to host performances.

DISCUSSION
Create Long Beach, A Cultural Plan Framework for Long Beach encourages the City to "develop programs to attract, retain, and sustain creative individuals and industries." Among the means suggested by the plan framework to achieve this goal are tax incentives, zoning variances, and assistance in the use of vacant spaces for temporary performance space (goal 4-5).

The plan framework also encourages the City to review its permitting policies, "to make it easier for artists to perform in neighborhoods throughout the City" and to simplify the special events permitting process (goal 5-2).

Section 5.72 and subsections define and restrict activities regarded as "entertainment," which includes any musical performance by more than two persons, or whenever amplified. This definition prevents art galleries, coffee shops, bookstores, and other businesses not primarily used for entertainment from presenting amplified or multi-instrumental musical performances, even if they do not charge an admission fee or sell alcoholic beverages, unless they are able and willing to pay a large fee and complete a cumbersome application process, either for an annual license or a special event permit. These venues, which in many cities may present such performances to stimulate business, usually either forgo such activities, or undertake them illegally, because they do not have the revenue to meet th...

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