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File Number: 11 -414 <br />Mr. Sims provided a handout, and reported on the four sections of the Municipal Code <br />that can be used to regulate entertainment activities: 1) SLMC Chapter 2 -2, related to <br />Business Licenses; 2) Chapter 4 -1, the Noise Ordinance; 3) Chapter 4 -4, related to <br />Dance Halls; and Chapter 4 -20, related to Public Meetings, Assemblies and Parades. He <br />suggested that the City may want to consider increasing its ability to regulate events, <br />such as adopting a "social host" ordinance, which would require a permitting process for <br />events at which alcohol is served by a host; or shortening the business license revocation <br />process when a business violates the Municipal Code. <br />Mr. Pio Roda reported that Oakland and Fremont both have good ordinances in place for <br />regulating events held on private property but that are open to the public. He commented <br />that an ordinance in the Municipal Code that regulates events of 50 or more participants <br />is needed to assist the Police Department's enforcement efforts. <br />Chief Spagnoli commented on the need for clear guidelines and rules for enforcement, <br />which do not currently exist. She commented that combining features of the Oakland <br />and Fremont ordinances would be a good start; however it is probably impossible to <br />create an ordinance that is a "catch -all," since these types of events are underground, <br />and are designed to go undetected. <br />Councilmember Reed asked if any fine was imposed or other punitive action taken <br />against the warehouse owners. Mr. Sims stated that for the business in question, staff <br />will be recommending the revocation of its Conditional Use Permit, based on a violation <br />of one of the provisions. Chief Spagnoli indicated that there needs to be a more severe <br />punitive element, to discourage businesses from allowing underground events, as well as <br />a way to hold event promoters accountable. <br />Mayor Cassidy asked if event organizers are required to provide proof of insurance. <br />Councilmember Prola commented that he would like to see a severe penalty for those <br />who break the rules. Chief Spagnoli commented that there needs to be a balance, so <br />legitimate business owners and groups are not discouraged from holding legal events. <br />Mr. Sims commented on the importance of educating local businesses and property <br />owners of their responsibility for activities held on their properties. <br />Councilmember Reed inquired about the relationship between these ordinances, and the <br />zoning ordinances that staff is updating. Mr. Sims responded that while the issues are <br />somewhat related, the ordinances in question are amendments to the Zoning Code, <br />rather than the Municipal Code. Staff discovered that entertainment uses are allowed <br />with a Conditional Use Permit in industrial zones, and the amendments will eliminate this <br />inconsistency in the Zoning Code. <br />The Committee continued the discussion of this item to a future meeting, and requested <br />that staff return to the Committee with a draft ordinance for regulating events that are <br />open to the public. <br />Public Comments: <br />Chris Crow expressed appreciation to the City for raising this issue, and commented that <br />he believes the insurance industry in the private sector has a solution for this problem. <br />He added that the tattoo party was being advertised on the Internet while the Board of <br />City of San Leandro Page 4 Printed on 11/29/2011 <br />