Ordinance No. 696 - Karaoke/KTV StudiosORDINANCE NO. 696
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD EXTENDING THE
MORATORIUM CREATED BY ORDINANCE NO. 694
ON THE ISSUANCE OF NEW ENTERTAINMENT
LICENSES FOR KARAOKE/KTV STUDIOS IN THE
CITY OF ROSEMEAD AND DIRECTING THE
PLANNING DEPARTMENT TO CONTINUE ITS
STUDY WITH RESPECT TO DEVELOPING
APPROPRIATE ZONING REGULATIONS GOVERNING
SUCH USES.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section 1. While this ordinance remains in effect, no
entertainment licenses authorizing the establishment of
Karaoke/KTV studios shall be issued and no application for such a
permit shall be accepted.
Section 2. While this extension of ordinance no. 694 is in
effect, no person, firm, partnership, corporation, company or
organization of any kind shall commence or construct, or attempt
to commence or construct, any Karaoke/KTV studios, or expansion
thereof, or to commence the operation of any above referenced
uses in the City of Rosemead. This ordinance shall not apply to
any application which was filed with the City Manager's office on
or before November 18, 1991.
. Section 3. Pursuant to the provisions of section 65858 of the
Government Code of the State of California, this is an urgency
interim zoning ordinance. This ordinance shall take effect
immediately and shall expire ten months and fifteen days
thereafter unless extended by the City Council after notice and
public hearing. The facts constituting the current and immediate
threat to the public welfare necessitating an urgency ordinance
are as follows:
The City Council finds and determines that the moratorium imposed
by this ordinance is enacted to protect and preserve the public
health, safety and welfare of the local business community and
residents of the community pending completion of a Planning
Department review of this subject. The Council has been aware of
potential problems with Karaoke/KTV studios and uses throughout
the City and that they may have a detrimental impact on
surrounding properties with a potential of increasing this
. negative impact in the future.
Additionally, the City has been receiving an increasing number of
applications for Karaoke/KTV studios and also for karaoke as an
incidental use in conjunction with bars and restaurants. Without
appropriate regulations, the City has determined that there is a
current and immediate threat to the public welfare, and the
approval of building permits and entertainment licenses for such
uses would result in a threat to the public welfare. Since
adoption of Ordinance No. 694, the Planning Department has
initiated a review of the existing municipal code provisions
which regulate Karaoke/KTV, but has not had adequate time to
bring the matter to the Planning Commission.
Section 4. The Planning Department and Planning Commission are
directed to continue to study the appropriate zoning regulations
for Karaoke/KTV.
Section 5. The City Council may grant relief from the provisions
of this moratorium ordinance upon recommendation of the Planning
Commission, subject to a finding of the following:
Ord. 696
Pg. 112
1. The strict application of the provisions of the
moratorium to a particular project would result in practical
difficulties or unnecessary hardships inconsistent with the
general purpose and intent of the mortorium; and
2. That there are exceptional circumstances or conditions
applicable to the proposed use that do not apply generally
to the other projects covered by this moratorium; and
3. That the granting of a variance would not be materially
detrimental to the public welfare as defined above.
Section 6. If any provision of this ordinance is held to be
unconstitutional, it is the intent of the City Council that such
portion of this ordinance is severable from the remainder and
that the remainder be given full force and effect.
Section 7. Violation of this ordinance is a misdemeanor and is
punishable by a fine of not more than one thousand dollars
($1,000) or by imprisonment in the County Jail for a period of
not more than six (6) months or by both such fine and
imprisonment. Each day during any portion of which any violation
of any provision of this ordinance is committed, continued or
permitted, constitutes a separate offense.
Section 8. The City Clerk shall certify to the adoption of this
ordinance.
PASSED, APPROVED and ADOPTED this 28th day of Japuay, 1992.
ATTEST: ,
CITY CLERK
MAYOR
I hereby certify that the foregoing Urgency Ordinance No. 696 was duly and regularly
adopted by the City Council of the City of Rosemead at a regular meeting thereof held
on the 28th day of January, 1992, by the following vote:
Yes: Bruesch, Taylor, Imperial, Clark, McDonald
No: None
Absent:. None
Abstain: None
C Y CLERK
/-OMN4