Chapter 8.272 — E DISTRICT (ENTERTAINMENT OVERLAY DISTRICT)

There is hereby established an Entertainment (“E”) District for the purpose of providing additional control over the operation of bars, clubs, card rooms and meeting halls in areas where such uses have proven detrimental to the public health, safety and welfare.

Notwithstanding any other provisions of this ordinance, the terms bar, club, card room and meeting hall shall be interpreted to exclude any property, or portion thereof, for which a church property tax exemption has been applied for and granted as provided in Section 3 and 5 of Article XIII of the California Constitution and Article I (commencing with Section 201) of Chapter 1 of Part 2 of Division 1 of the Revenue and Taxation Code of the State of California.

Notwithstanding any other provisions of this ordinance, the terms bar, club, card room and meeting hall shall be interpreted to exclude any property, or portion thereof, held in fee by a public entity as defined in Section 811.2 of the Government Code of the State of California.

The regulations of this Chapter shall apply in all “E” Districts. The “E” District is an “Overlay” District which may be combined with any of the Districts specified in article 1 of the San Mateo County Ordinance Code, or other Districts which may from time to time be added to this Part. The regulations of this Chapter shall apply in addition to the regulations of any District with which the “E” District is combined. Where the regulations of the “E” District conflict with those of any District with which the “E” District is combined, or with other provisions of this Part, the regulations of the “E” District shall take precedence.

After July 8, 1982, the provisions of Chapter 8.388 of Title 8 notwithstanding, no bar, club, card room, or meeting hall, including those in existence prior to July 8, 1982, shall be constructed, installed, expanded, operated, or maintained, except pursuant to the regulations stated in this Chapter and subject to obtaining a use permit. The operator of a bar, club, card room, or meeting hall which existed prior to July 8, 1982, shall have until August 7, 1982, to apply for a use permit as hereinafter provided. If such application is timely made, such bar, club, card room, or meeting hall may continue to operate, subject to the regulations stated in this Chapter, unless and until the application for use permit is denied and all administrative remedies, if any, are exhausted.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

The following regulations shall govern the operation of any bar, club, card room or meeting hall.

• A. Hours of Operation. No card room, club, or meeting hall shall be open between the hours of 11:00 p.m. on Monday through Thursday or 12:00 p.m. on Friday and Saturday, and 6:00 a.m. of the following day. No bar shall be open between 2:00 a.m. and 6:00 a.m. any day.

• B. Nuisance. No operator shall permit or otherwise allow any conduct, activity, or condition upon the premises (including parking areas) of a bar, card room, club, or meeting hall which singly or collectively are so noisy or otherwise offensive as to disturb the quiet and good order of the premises or of the neighborhood or so as to constitute a nuisance as defined in Section 8.04.030(88).

No operator of a bar, card room, club, or meeting hall shall harbor, admit, or permit to enter or remain on the premises any lewd or dissolute person, or any person under the influence of narcotics, or any intoxicated person.

• C. Beverages. No club, card room, club, or meeting hall may sell, give or deliver, or allow to be sold, given, delivered or consumed, any alcoholic beverages. No bar may sell, give or deliver, or allow to be sold, given, delivered or consumed, any alcoholic beverages, except in compliance with the provisions of Division 9 (commencing with Section 23000) of the Business and Professions Code.

• D. Access by Public Officials. No operator of a bar, club, card room, or meeting hall shall prevent any county, state, or federal peace or fire prevention officer, or building official or inspector, charged with the duty of enforcing the laws of their respective jurisdiction, from having free access to the premises at all times it is open to the public, and at all other reasonable times.

Use permits for bars, card rooms, clubs, or meeting hall shall be processed in accordance with both Chapter 8.280 of this Part and the following procedures.

• A. Application. Each application for a bar, card room, club, or meeting hall use permit shall contain the following information in addition to that otherwise required for a use permit:

  1. Whether the premises are to be used as a bar, club, card room, or meeting hall, or combination thereof.

  2. If the application is for a bar, the application shall include a certificate or other formal statement from the Bureau of Alcohol Beverage Control stating that the applicant either possesses a currently valid license or the proposed use is exempt from the licensing requirement pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code.

     • San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

  3. The true and complete name or names, addresses, and birth dates of the persons who will operate the bar, club, card room, or meeting hall, as follows:

     • a. If the proposed operator is an individual or individuals.

     • b. If the proposed operator is a partnership, the application shall set forth the full name of the partners and the name of the firm under which they do business, together with the residence and business address of all such partners.

     • c. If the proposed operator is a corporation, the application shall set forth the complete name of the corporation and the state within which it is incorporated, together with its home address and also its local address.

  4. A statement as to whether or not any of the persons required to be named in the application have at any time been convicted of any crime or crimes (other than minor traffic offenses) and, if so, the time, place, and nature of the offense with respect to each such conviction.

  5. A statement that the applicant understands and agrees that the application shall be considered only after a full investigation and report as provided herein have been made by the sheriff, fire marshal, and other county officials or their authorized representatives.

  6. A statement that the applicant understands and agrees that the sheriff, fire marshal and other county officials or representatives shall have reasonable access to the premises to make inspection of the proposed premises and access to the records of the applicants in order to properly conduct an investigation.

  7. Such other information as the applicant may consider pertinent or the Director of Planning and Building may require.

• B. Referral, Investigation and Reports. Upon receipt of a complete application, the Director of Planning and Building shall transmit a copy of the application to the sheriff, fire marshal, building department, and other departments they deems appropriate for review, report and recommendation. The sheriff is hereby authorized to obtain criminal history information for each of the persons herein required to be named in the application for the purpose of determining those who have been arrested or convicted for any crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, or fraud or similar crimes involving moral turpitude, or crimes related to service or entertainment businesses. Each department to which an application is transmitted shall, within fifteen (15) days of receipt, report the following to the Director of Planning and Building, based on information obtained in the Department’s investigation:

  1. Whether the use as proposed complies with laws, ordinances and regulations for which the department has responsibility.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

2. The probable effect of the proposed use on the execution of the department’s responsibilities.

3. A recommendation on approval or denial of the requested use permit, reasons for the recommendation and any recommended conditions of approval.

• C. Action of Use Permit, Including Revocation. Action to approve, deny or revoke any use permit for a bar, club, card room or meeting hall in an “E” District shall be in accordance with the provisions of Chapter 8.280 of this Part, provided, however, that the permit shall be denied or revoked, as appropriate, if any of the following findings are made:

  1. The operator made a material misstatement in the application for the permit.

  2. The operator has within five (5) years immediately preceding the date of filing of the application or the date of the initiation of any revocation or suspension proceedings, been convicted in a court of competent jurisdiction for the violation of any federal, state, or other law, ordinance, regulation, or requirement relating to alcohol, drugs, gambling, or crimes against a person.

  3. The operation as proposed by the operator would not comply with all applicable federal, state, and local laws or the actual operation of the premises or conduct by the operator does not comply with all such laws.

  4. The operator is lacking in the background and qualifications to conduct a bona fide bar, card room, club, or meeting hall.

  5. The applicant or operator has violated any provision of this Chapter, or any similar ordinance, law, rule, or regulation of another public agency which regulates the operation of bars, card rooms, clubs, or meeting halls.

(Prior Ch, 15.1 Ord.2792: 06/08/82)

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code