§ 14-4. Approved safety plan required.

(a)

Within 45 days of the passage of this ordinance, the police department shall develop safe drinking places guidelines to be approved by the manager, and cause them to be distributed to drinking places and nightclubs. In the review of a submitted plan, the police shall be influenced by the safe drinking places guidelines, and shall also review any incidents occurring at the drinking place, nightclub, nightclub district or at events held by the nightclub or a promoter at that location, or under that management within the preceding 12 months on the issue of past compliance with the requirements of this chapter. This review shall include past regulatory revocations and suspensions, the location's violations of alcoholic liquors laws, prior permitees that have been affiliated or associated with the applicant, evidence of illegal drug use or activity on or about the permitted premises, and evidence of noise violations, litter and debris, vandalism, thefts, robberies, fighting, disorderly conduct, breaches of the peace, service of alcohol to underage persons, loitering for the purposes of drug trafficking, prostitution or with harmful intent, and other state and federal felony criminal activities on or about the permitted premises that raises a public safety concern.

(b)

Every drinking place, nightclub operator, nightclub entertainment promoter and nightclub district common security is required to have a business license and an approved safety plan in order to operate and provide entertainment activities.

(c)

An operator or promoter shall have an approved safety plan as a condition of obtaining a new business license or renewing an existing license.

(d)

For existing regulated businesses, safety plans shall be filed with the police department within 90 days of the date of the provision of the safe drinking places guidelines by the police department.

(e)

The police shall complete their review and render their decision or recommendations within 30 days of receipt of the application for approval of a safety plan. Incomplete or illegible applications shall be denied, without prejudice to resubmit.

(f)

If the police find that the applicant has submitted a safety plan which is incomplete or fails to address required issues or past deficiencies, the police shall not approve the plan. The rejected safety plan shall be returned to the applicant along with a letter stating the specific reason(s) for the denial. The applicant may either resubmit a corrected and completed plan for approval or appeal the denial as provided herein.

(g)

The safety plan shall be valid on an annual basis, on the same schedule as the renewal of business licenses. Any fee for police review of the safety plan shall be established by city council.

(h)

After initial approval, and if there have been no material changes to a specified drinking place or nightclub's programming, operation, ownership, or size, the updated safety plan may take the form of a letter under affirmation from the operator, nightclub operator, nightclub district common security or promoter to the police certifying that there have been no material changes to the safety plan which has already been approved and is on file.

(Ord. No. 2014-26, 4-22-14; Ord. No. 2014-70, 9-23-14)