PP 1992-492� i
CITY OF LA QUINTA
PLANNING & DEVELOPMENT DEPARTMENT
78 -105 CALLE ESTADO
LA QUINTA, CALIFORNIA 92253
PLOT PLAN APPLICATION
Case No. lC i 1
Date Received
In order to process your application in a timely manner, please
complete and sign this form. The information which is required to
be shown on the plans and submitted with the application is stated
on the back of this form. Failure to provide the required information
is justification for rejection of the application.
THIS APPLICATION MUST BE ACCOMPANIED BY A NON- REFUNDABLE FILING FEE
"W-7
OF $ :Z6, AND COPIES OF THE COMPLETE AND ACCURATE
PLOT PLAN, LANDSCAPE PLAN AND ELEVATIONS.
-----------------------------------------------------------------------
Name of Applicant �� s �S�0.u2� r1 , T1lC . Phone �57(VL, -_7 -7 0�
Mailing Address 5 � - �_3C
Street
City
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Zip Code
Legal Owner A
�.46 ,2 V LZ-
Address �•(�. �)C �02�� ��..O a53
Proposed Use
Location of Property (Address if known) `�j �� f �SQ,��� be
005102 10 ' ?950 10 -?9 -92 i0
Assessor's Parcel Number -1 % 3 � W 0 -7 c \01 - CASH i TOTAL i 75.00
Legal Description of Property (give enact legal description as rzcorded
in the office of the County Recorder) -- (may be attached) Lo-r I Ua-T 10)
!Jv . I N . c- s Pr re_aord J `I r\ 2,00 I� L pe 8
Signature of Applic
Signature of Owner
Date a
Date Ip �_
R
I 1
CITY OF LA OUINTA
005182 i0 2950 10 -29 -92 i0
misc. i 75.00
001.340003400
i0 CASH i TOTAL i 75.00
i. AMOUNT TENDERED 75.00
CHANGE .00
THANK YOU
November 20, 1992
A:
Miss E. Halle Valdez
TJ's Pizza Company
P. O. Box 923
La Quinta, CA 92253
H E C I T Y
AL
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La uinta
1982 - 1992 Carat Decade
N
SUBJECT: APPROVAL OF A DANCE PERMIT FOR TJ'S PIZZA COMPANY LOCATED
AT 51 -230 EISENHOWER DRIVE
Dear Miss Valdez:
Your permit to allow dancing at TJ's Restaurant is approved subject to the following:
1. The permit is based upon and subject to the statements contained in your letter dated
September 10, 1992 (attached), unless modified by this letter.
2. Provide a Riverside County Sheriff's Deputy on site during the dance activity. It is your
responsiblity to contract with and pay directly to the Riverside County Sheriff's
Department for this deputy.
3. Prior to conducting a dance you must provide to the City proof of adequate insurance to
protect the public and the City regarding accidents and other liabilities that may relate
to the dance activity.
4. This permit shall expire on September 30, 1993. You may submit a written request to
renew your permit prior to September 30, 1993.
5. The City reserves the right to reduce the hours of the dance currently approved for 9:00
P.M. to 12:00 A.M., should the Sheriff's Department find violations of alcohol, drugs,
or blatant curfew violations. This permit can be suspended as provided in the La Quinta
Municipal Code, Chapter 5.12.
Should you have any questions concerning any of the above information, please feel to contact
myself or Mr. Jerry Herman, Planning & Development Director.
t Very truly yours,
d
THOMAS GENOVESE,
City Manager
City of La Quinta
TG:JH:bja Post Office Box 1504 • 78 -105 Calle Estado
La Quinta, California 92253
LTRJH.234 Phone (619) 564 -2246, Fax (619) 564 -5617
Design 8 Produc on: Mark Palmer Design. 619346 -0772
LA
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T H E C I T Y C
La ginta
1 982 - 1 99 1 rc' i clr'u UcT: di.
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November 20, 1992
Miss E. Halle Valdez
TJ's Pizza Company
P. O. Box 923
La Quinta, CA 92253
SUBJECT: PLOT PLAN 92 -492 LIVE ENTERTAINMENT AT TJ'S RESTAURANT, 51-
230 EISENHOWER DRIVE
Dear Miss Valdez:
Your plot plan to provide live entertainment at the above noted restaurant is hereby approved
subject to the following:
1. Comply with the dance permit issued by the City Manager.
2. No alcoholic beverages will be dispensed during the dance hours.
3. Provide Sunday morning litter pick -up.
4. Prior to the first dance being conducted, the Building and Safety Department must be
contacted for an on -site inspection.
5. Comply with the seven conditions noted in the letter dated November 5, 1992, from the
Riverside County Fire Department (attached). You may wish to coordinate with the Fire
Department and the Building and Safety Department inspections.
6. Comply with the information contained in your letter dated September 10, 1992
(attached).
LTRJH.235
City of La Quinta
Post Office Box 1504 • 78 -105 Calle Estado
La Quinta, California 92253
Phone (619) 564 -2246, Fax (619) 564 -5617
Design S Produoon: Kars Palmer Design, 619 -346 07,72
7. Live or recorded outdoor enterainment is not permitted unless the noise generated from
the activity is less than 60dB CNEL. Proof of the noise level must be provided should
you wish to exercise this option.
Should you have any questions concerning any of the above information, please feel to contact
the undersigned.
Very truly y urs,
JERK HERMAN
Planning & Development Director
JH:bja
cc: City Manager
Building and Safety Department
Sheriff's Department
Fire Department
"
LTRJH.235
GLEN J. NEWMAN
FIRE CHIEF
To: City of La Quinta
Planning Divisiono
Attn: Jerry Herman
Re: Plot Plan 92492
RIVERSIDE COUNTY
FIRE DEPARTMENT
210 WEST SAN JACINTO AVENUE • PERRIS, CALIFORNIA 92370
(714) 657 -3183
�y 1 ,+ .
0 5 ..1992
MT
er 5, 1992
With respect to the condition of approval regarding the above
referenced Plot Plan, the Fire Department requires the following fire
protection measures be provided in accordance with La Quinta Municipal
Code and /or Riverside County Fire Department protection standards:
1. All drapes, hangings, curtains, drops, and all other decorative
material, including Christmas trees, shall be made from a
non - flammable material, or shall be treated and maintained in a
flame- retardant condition by means of a flame- retardant solution
or process approved by the State Fire Marshal. Certificates of
non- flammabilitymust be available to the Fire Department.
2. A maximum occupant load sign shall be posted in the dining room.
Such sign shall be posted in a conspicuous place near the main
exit from the room.
3. The use of candles or other open - flame devices is prohibited.
4. All exits shall be equipped with approved exit signs and floor
level exit signs. Exit signs shall be illuminated either
internally or externally in accordance with the Building code.
5. Applicant shall request an inspection by the Fire Department and
pay a $138 inspection fee at the time of inspection.
6. All exists shall be equipped with approved panic hardware as
required by the Uniform Building Code.
-I-
PLANNING DIVISION
U INDIO OFFICE ❑ TEMECUTA OFFICE
79 -733 Country Club Drive, Suite F, Indio, CA 92201 41002 County Center Drive, Suite 225, Temecula, CA 92390
(619) 342.8886 • FAX (619) 775.2072 RIVERSIDE OFFICE (714) 694 -5070 • FAX (714) 694 -5076
O
3760 12th Stred, Riverside, CA 92501
(714) 275.4777 • FAX (714) 369 -7451 printed on recycled paper
To: Planning Division November 5, 1992
Re: PP 92 -492 Page 2
7. Overcrowding and admittance of persons beyond the approved
capacity are prohibited.
All questions regarding the meaning of these conditions should be
referred to the Fire Department Planning & Engineering Staff at (619)
863 -8886.
Sincerely,
RAY REGIS
Chief Fire Department Planner
By
Tom Hutchison
Fire Safety Specialist
imp
RIVERSIDE COUNTY SHERIFF's DEPARTMENT
INDIO STATION
Memorandum
To: Jerry Herman November 3, 1992
From: Lt. Denver Pittman
Re: Public Dance Permit
I have reviewed the application for a dance permit by T J's
Restaurant. I have no objections to the permit with the
restrictions stated. The restrictions that have been listed by T
J's Restaurant should be strictly enforced to eliminate potential
problems.
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EXHIBIT
ACAS R �`'
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ri RESTAURANT INC.
dbe TYs PIZZA CO.
September 10, 1992
Mr. Murray Warden
City Manager
City of La Quinta
P.O. Box 1304
La Quint&, Ca 922S3
Re: Us Pizza Co. Saturday Night Dance Party
Dear Mr. Warden,
ATTACHMENT 4
Please consider this an application for a "PUBLIC DANCE PERMIT' as the
City of La Quanta does not currently have a pre - printed application.
Applicant: E Haile Valdez - Owner/ TJ's Pizza Co.
54 -620 Ave. Diaz
P.O. Box 923
La Quinta, Ca 92253
(619) 564 -0789
Location of Event- TJ's Pizza Co.
31.230 Eisenhower Drive
La Quanta, Ca 92253
(619) 5647705
La Quinta Business License # 1432
Schedule: Dance Party Is to be held every Saturday night, from
9:00pm to 12:00am
Security: Security will be maintained by a uniformed Deputy from
the Riverside County Sheriff's Dept. for the minimum
amount of time required by the Sheriffs Dept. That
minimum is currently four (4) hours. The Deputy will be
paid for by Us Pizza Co. Additional security will be provided by
us in the form of at least 3 TJ's Pizza Co. employees and
(hopefully) volunteers from the community.
Page 1
EXHIBIT
"CASE NO. a-'"
aa3
P.O. BOX 14ft 9 La Quinta, CA 92253
Page two (2)
Entertainment: Entertainment will be provided in various ways. 1 intend
to invite young kids who have bands (rock, rap, or
whatever the current rage Is) to provide music for the
kids to dance to. 1 would also like to provide an opportunity
for kids with other talents (comedians, dance troupes, eta)
to perform for their peers. i also have video games in the
restaurant for the kids to play. When the band is not
performing 1 will set the big screen TV to MTV to keep
the party feeling going. 1 would invite, from time to time,
representatives from various organizations to speak to the
kids (re: drugs, alcohol abuse, education, etc) before the
entertainment begins.
It Is not my intention to hire professional entertainment
for the Dance Parties nor will 1 pay any of the entertainers
money for perfoming. I will, however, provide food &
soda as payment for their volunteering their talent.
Admission: There will be a cover charge in the amount of $7.00 per
person (subject to change). This cover charge entities each
kid to eat as much pizza and drink as much soda as they
,like. $2.00 out of the cover charge Is to help defray the
costs of hiring the Deputy.
Smoking: Smoking will be allowed ONLY on the patio and ONLY
by those supplying proof of legal age to do so.
HandStamps: 1 HandStamp (design to be determined) in 2 colors will be
used. One color will indicate to us that the 'wearer' is of legal
age to smoke. The second color will provide proof of admission
to the Dance Party. This will provide the 'wearer" with proof
that he /she attended the Dance Party if he /she is stopped by
the Sheriffs Dept. for curfew violation while on the way home.
T1's Pizza Co. will provide a copy of the HandStamp to the
Sheriffs Dept prior to the first Dance Party for distribution to
their Deputlea
Alcohol: Consumption or possession of alcohol (or any other drugs) will
not be permitted on the premises during the Dance Party.
According to the ABC (Alcohol Beverage Contron, it is illegal
for me to deny entry to someone based on age so 1 must admit
any adult who desires entry. However, I CAN refuse to serve
that adult any alcohol during the Dance Party.
Page three (3)
Intentions: It is my intention to provide a clean, safe, enclosed and
fun environment for the younger members of our
community. I have heard time and time again how 'we'
have to do something for the kids Mere, yet no one has
made any effort to do that .. except for the La Quinta
Boys and Girls Club. I want to help make a difference
here In La Quanta. I want La Quanta to show other
Coachella Valley cities that local businesses can make
a difference if given the opportunity. I am dedicated to
making this Dance Party a success. That is why I am
giving up one of my best receipt nights to sponsor this.
Spending a lot of money telling the kids what they can't
do makes sense, as long as an equal amount is spent
giving the kids something the_ y CAN do. I need the
City of La Quanta to back me up on this Dance Party.
If It means waving the $2,000 permit fee for Live
Entertainment, then so be it
I sincerely hope that this proposal /application is given serious attention by
all parties concerned. If you have any questions regarding this proposal, please
do not hesitate to contact me at the restaurant.
R
E. alle Valdez
cc: ABC
Riverside County Sheriffs Dept
The Desert Sun
La Quanta Chamber of Commerce
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EXHIBIT A
9.90.072 C -V -P "Pant" SOZOnc
A_ Purpose. The park subzone of the village is meant to provide a medium intensity clustering of
commercial ofces, eating places, and some residential on the north and south sides of La Quinta Park.
A pedestrian emphasis applies to the park subzone.
B. Permitted Uses. Uses generaIly permitted in the village commercial zone are listed and desrnbed
in detail in Section 9.90.020. In the C -V -P (park) subzone, only certain of these uses are permitted.
Permitted uses arc listed below by the short title for each group. For a full description and examples, refer
to Sectioe 9.90.020. For some groups of uses, modibcations or special conditions may be required to
ensure the compatibility of the group of uses with other uses within or adjacent to this subzone.
1. Group 3 Uses: Residential as a secondary use;
2 Group 4 Uses: Detached professional studios;
3. Group 6 Uses: OTces;
4. Group 7 Uses: Services and limited sales within offices;
S. Group 8 Uses: Personal serviaa;
6. Group 9 Uses: Food service;
7. Group 10 Uses: Food service plus other attractions, except
eve or recorded entertainment outdoors.
0 -7T Woup 12 Uses: erases;
9- t Group 13 Uses Art display,
0 9: Group 14 Uses Small goods sales or rental;
!!d -110� Group 15 Uses: Parking lots, private lots, on -site only-, off-site lots only if in public ownership
and operation.
C. Accessory Uses. In addition to the accessory uses permitted as described in Section 9.90.030, in
the park subzone the following accessory uses shall be permitted:
1. Outdoor display and sales of original or limited - edition reproductions of art works; provided that:
i. AD such outdoor displays and sales take place on private property with the written consent of the
owner or agent of the property (art sbows on public property wW require an Outdoor Temporary Minor
Event Permit, pursuant to Chapter 9216); and,
b. Saks of art works art conducted by entities having a %aK current La Quinta business license or
the proceeds of the outdoor sales benefit a charitable, tax- exempt institution and related City require-
ments for solicitation have been complied with;
c. No display or sales of an works blocks the required pedestrian,%illcways; a clear area of a minimum
width of four feet shah be left adjacent to the street and to each budding entry or eve; and.
d. All booths, stalls, carts, or other equipment for outdoor display and sales of art works, at the close
of each business day, shall be removed or immobilized and sexy and so as to prevent it from becoming a
public safety hazard, nuisance, or a sauhty risk
e. The operation of outdoor display and sales of art works shah be conducted in such a fashion that
it does not constitute a threat to the health, safety, or welfare of the public, or become a recurring public
DLLtSd�Ct.
D. Conditional Uses. By conditional use permit, pursuant to Chapter 9.172, in the park subzone, the
following may be permitted
1.. —Cwup 10—
-- �se.g� -food se o i" plaa-etbar- attractions;.-
1 4 Exceeding a stated upper limit for a permitted use;
Z. 4 Special parking lot designs which do not meet development standards;
EXHIBIT D 015
CASE NO. a"
ATTAR__ WENT 2
Chapter 5.12
DANCES
Sections:
5.12.010
Definitions.
5.12.020
Hours.
5.12.030
Permit required.
SAL040
Operation during suspension or revocation.
5.12060
Effect of permit.
5.12070
Posting of permit.
5.12.080
Requisites to issuance of permit — Factors considered.
5.12.090
Permit requiring policing.
5.12.100
Permit — Issuance.
5.12.110
Permit — Expiration date.
5.12.120
Filing of application —Fee.
5.12.130
Exemption of casual dances.
5.12.140
Application -- Presentation -- Contents.
5.12.150
Reference.
5.12160
Investigation.
5.12.170
Recommendation.
5.12.180
Consideration, decision by city manager.
5.12.190
Suspension of permit — Requirement of police officer.
512.200
Service of order.
5.12.210
Duration of suspension — Hearing — Notice.
512.220
Notice — Manner of service.
5.12.230
Right to be heard.
5.12.240
Action by city manager upon hearing.
5.12.250
Power to make rules and regulations.
5.12.260
Custody of rules.
5.12270
Special police officers — Application by management.
5.12.280
Special officers required by city.
5.12290
Cost of policing.
5.12300
Appeals.
5.12.010
5.12.010 Definitions.
In this chapter, unless another meaning is clearly apparent from the context:
A "CLb dance" means any dance held by a dancing club.
B. "Dancing club" means any club or association of persons which conducts dances (other than public
dances for its members or bona 5de guests) more often than once per month at which a fee is charged,
either for admission to the dance or for dancing therein, or at which any collection or donation of money
is made or received, or in which the amount of dues to be paid by each member is dependent upon
attendance at such dances by such members.
G "Public dance" means a gathering of persons in or upon any premises where dancing is participated
in, either as the main purpose for the gathering or as an incident to some other purpose, and to which
premises the public is admitted
D. "Public dance hall" means a place where dancing is conducted, whether for profit or not for profit,
and to which the public is admitted, either with or without charge or at which the public is allowed to
participate in the dancing, either with or without charge. (Ord. 10 § I (part), 1982)
5.12.020 Hours.
No person shall conduct, manage, carry on, allow or participate in dancing at any dancing club, public
dance or public dance hall between the hours of two a.m. and eight am. (Ord. 10 § 1 (part), 1982)
101 EXHIBIT E
,�_ _ CASE NO d �—
5.12.030
5.12.030 Permit required.
No person, whether as principal, agent, employee or otherwise, shall conduct, manage, carry on, or
participate in any dancing club, dancing school, studio, public dance or public dance hall unless by
authority of a permit from the city manager. (Ord. 10 § 1(part),1982)
S.12.040 Operation during suspension or revocation.
It is unlawful to conduct or manage or carry on any dancing club, public dance, or public dance club
or hall in the city under any permit issued under this chapter while the permit is in a state of suspension
or while any suspension or revocation with respect to the permit continues to exist; and it is unlawful for
any person to participate in any such dance. (Ord. 10 § I (part), 1982)
5.12.060 Effect of permit.
The issuance of any permit or temporary permit shall not be deemed to permit any violation of law
or ordinance or rule prescribed pursuant to Sections 5.11250 and 5.12.260. (Ord. 10 § 1 (part), 1982)
5.12.070 Posting of permit.
The permit shall be conspicuously posted upon the premises referred to therein, during the term
thereof. (Ord. 10
§ 1 (part), 1992)
5.12.080 Requisites to issuance of permit Factors considered.
No permit or temporary permit shall be issued under this chapter unless and until it appears and is
determined by the city manager, in his discretion, that the conduct of the dance hall, dancing club, or
public dance will comport with and not prejudice or work to the disadvantage or injury or harm of the
public peace, safety, morals, health or welfare, and that the applicant will, for the term of the permit, have
in force and effect adequate insurance to protect the public and the city with regard to reasonably
foreseeable accidents and other liability, and the city manager and other city departments, in acting upon
any such application, shall consider any and all facts and evidence pertinent, relevant or material with
respect thereto. (Ord. 10 11 (part), 1982)
5.12.090 Permit requiring policing.
Whenever the public peace, health, safety or general welfare so require, the city manager, at the time
of issuance or at any time during the term of any permit issued under this chapter, may make the permit
conditional upon the attendance of a special police or fire officer or officers, appointed under Sections
5.12.270 through 5.12.290, at any dancing club, public dance or public dance hall during any or all times
dancing is being conducted, carried on or avowed, and in such event the permit shall be effective only
during the attendance of the police or fire officer or officers. (Ord. 10 § 1 (part), 1982)
5.12.100 Permit — Issuance.
Permits to conduct dancing clubs, dancing schools, studios, public dances or public dance halls may
be issued or renewed by the city manager upon the written application of any person for himself or on
behalf of any other person, and payment of the required charges. (Ord. 10 § I (part), 1982)
5.12.110 Permit — Expiration date.
Every such permit shall expire on September 30th following the date of issuance. (Ord. 10 § I (part),
1982)
5.12.120 Filing of application —Fee.
Every such application shall be filed with the city manager, and at the time of filing the applicant shall
submit a payment in such amount as has been prescribed by resolution of the city council, to defray the
expense of investigation and processing. (Ord. 10 § I (part), 1982)
102
5.12-130
5.12.130 Exemption of casual dances.
There shall be no charge or fee for investigation where dances are proposed to be held by charitable,
memorial, fraternal or labor associations, student bodies of schools or the proposed dances are in
connection with patriotic or holiday celebrations or festivals, where such dances are casual and for one
such occasion only and are not conducted more often than once per month. (Ord. 10 § 1 (part), 1982)
5.12.140 Application— Presentation— Contents.
Every such written application for a permit shall be presented to the city manager and shall set forth
the following facts:
A Applicant. The name and residence of the applicant or applicants, and if any applicants are a firm,
association, corporation or club, the names and residences of the partners, officers, directors, managers
and of all employees who will be in charge of the dancing club, public dance, or public dance hall;
B. Location. The place for which the permit is desired or in which any dance or dances are proposed
to be held;
G Time of Dances. The number and dates of the dances proposed to be held;
D. Police. Whether a special police officer pursuant to Sections 5.12.270 through 5.12290 is desired
for the dance or dances, and will be present at times dancing is conducted, carried on or allowed. (Ord.
10 § I (part), 1982)
5.12.150 Reference.
Upon filing of each application, it shall be referred by the city manager to departments designated
by the city manager for investigation and report. (Ord. 10 § 1 (part), 1982)
5.12.160 Investigation.
The departments so designated shall make a thorough investigation as required for the protection of
the public peace, health, safety and general welfare, and may require the submission of additional
information by the applicant as is necessary to the investigation. (Ord. 10 § 1 (part), 1982)
5.12.170 Recommendation.
Thereafter, and within five days from reference of the application, each department designated shall
report its findings and conclusions and make recommendations concerning the application. (Ord. 10 11
(part),1982)
5.12.180 , Consideration, decision by city manager.
After receiving the reports as provided for in Section 5.12.170, the city manager may make such further
investigations as he deems proper or advisable in the interest of the public peas, health, safety and
general welfare, and within thirty days from the filing of the application shall either approve,conditionally
approve or deny the application according to the requirements of the public peace, health, safety or
general welfare. Should the city manager fail to act within said time, the application shall be deemed
denied. At any time after the application is filed, however, and pending complete processing thereof, the
city manager may issue a temporary permit upon stated terms and conditions, including a fixed expiration
date or indefinite period subject to termination on notice, so long as the city manager tentatively
determines that the temporary permit for the activity desired to be held will comport with and not
prejudice nor work to the disadvantage or injury of the public peace, safety, morals, health or welfare.
(Ord 10 11 (part), 1982)
5.12.190 Suspension of permit — Requirement of police officer.
The city manager may at any time temporarily suspend any permit issued under this chapter, or may
require the attendance of a special police officer during all or certain times dancing is conducted, carried
on or allowed, as a condition to the continued exercise of the permit, when he finds and determines that
the public peace, safety, morals, health or welfare require or will be promoted or best served by such
suspension or special police officer attendance. (Ord. 10 § 1 (part), 1982)
103
5.12.200
5.12.200 Service of order.
A copy of the city manager's order in that regard mentioned in Section 5.12.190 shall be served in the
same manner as is in Sections 5.12.210
through 5.12.240 provided for notices of hearing, and be effective thereupon. (Ord. 10 § 1 (part),
1982)
5.12.210 Duration of suspension— Hearing -- Notice.
No temporary suspension under this chapter or added condition requiring the attendance of a special
police officer shall continue for more than ten days unless within said ten -day period the suspension or
added condition is further continued or made permanent by revocation of the permit involved or a
condition requiring the attendance of a special police officer is affixed to the permit for the balance of
its term upon hearing by the city manager within the city held upon three days' notice of the time and
place thereof, given as follows in Section 5.12.220. (Ord. 10 § 1(part),1982)
5.12.220 Notice — Manner of service.
The service of any such notice shall be made upon the holder of a permit to whom it is directed by
either:
A. Personal Service. Delivering awe copy of the notice to the holder personally, or if a firm,
association, corporation, or club, by delivery thereof to a partner or officer or director thereof; or
B. Delivery to Premises. Delivering the notice to and leaving it with any person over eighteen years
of age in charge of the premises referred to in the permit; or
C. Posting on Premises. In case no such person is found upon the premises, by affixing it to a
conspicuous place on the door to an entrance to the premises. (Ord. 10 § 1 (part), 1982)
5.12.230 Right to be heard.
Tire holder of any permit shall be afforded an opportunity to be heard and to present evidence on his
behalf at the hearing. (Ord. 10 11 (part), 1982)
5.12.240 Action by city manager upon hearing.
Upon hearing held by him, and adjournments and continuances thereof upon the notice, the city
manager may revoke, suspend, further suspend or apply conditions to the further exercise of any permit
issued under this chapter because of anything done or omitted by the permittee, his agents or employees
or the patrons of his establishment upon the premises involved contrary to the provisions of any applicable
state law, or of this chapter or any ordinance of the city, or of the rules prescribed by the city manager
pursuant to sections 5.12250 and 5.12.2M, or when the public peace, safety, morals, health or welfare
require or will be promoted or best served by any such action. (Ord. 10 § 1 (part), 1982)
5.12.250 Power to make rules and regulations.
Tire city manager may make rules and regulations governing dancing clubs, public dances, or public
dance halls within this,city which shall govern and apply to all permittees under this chapter. (Ord. 10 §
1(part),1982)
5.12.260 Custody of rules.
The rules mentioned in Section 5.12250 shall be filed with the city clerk and shall be available for
inspection by the public. (Ord. 10 § 1(part),1982)
5.12.270 Special police officers -- Application by management.
Any person conducting, managing, or carrying on any dancing club, public dance or public dance hall
shall have the right to apply to the city manager for appointment of a special police officer or officers of
the city to be present and in attendance at the dancing club, public dance or public dance hall during all
times that dancing is conducted, carried on or allowed therein, for the purpose of preserving order and
preventing any violation of any law of the state, or any ordinance of the city, or any rule prescribed under
Sections 5.12.250 and 5.12.260. (Ord. 10 § I (part), 1982)
EIS
5.12 -2W
5.12280 Special officers required by dty.
The city manager may require the presence and attendance of a special police officer or officers, or
also a special fire officer or officers in accordance with the provisions of the Uniform Fire Code relating
to standby firemen at places of public assembly, any of which requirements may be prescrtbed as a
condition or conditions to the exercise of any permit, long term or temporary, as provided for in this
chapter. (Ord. 10 § 1(part),1982)
5.12.290 Cost of policing.
A Fees. The expense of any such special officer or officers so appointed for such attendance shall
be paid by the person so conducting, managing, or carrying on any dancing club, public dance, or public
dance hall in accordance with such schedule of fees for such services as may be found to be reasonable
and established by the chief of police or the fire chief, as the case may be.
B. Payment to City Manager. The expense of the special officer shall be paid to the city manager
each week in advance for all dancing to be conducted, carried on or allowed during that time, in
accordance with a written statement made at the time of such payment to the city manager.
C. Payment to Officers. The city manager shall in turn cause payment of the money to the special
officers as earned by them. (Ord. 10 § 1 (part), 1982)
5.12300 Appeals.
Any person aggrieved by any decision of the city manager with respect to denial or issuance of any
permit, conditions attached thereto, or any other administrative action taken pursuant to the terms of
this chapter, may appeal to the city council by filing a written notice of appeal with the city clerk, specifying
the grounds of appeal. Unless an adjustment of the matter is then made by the city manager satisfactory
to the appellant, the city clerk shall thereupon fix an early time and place of hearing on the appeal. Notice
thereof shall be given to the appellant and other persons who in the city clerk's opinion appear to be
interested persons of record, of the time and place of hearing by serving such notice personally or by
depositing it in the United States mail addressed to all such persons at their last known addresses,
respectively. The city council shall, after hearing, have authority to determine all questions raised on the
appeal, and to take any action consistent with the terms of this chapter, or which could legally have been
taken by the city manager in the matter. (Ord. 10 § 1(part), 1982)
105
Condnued from page 14 -
ments could perform this function using
other means, such as audio tapes.
If an employer refuses to hire a
person with a disability on the ground
that the person cannot perform the essen-
tial functions of the job, how does the
employer prove what the essential func-
tions are? A detailed job description
prepared before recruiting or advertising
for a position and the experience of past
persons in the same position are going to
be considered by the EEOC as evidence,
along with other relevant factors.
Who -is Qualified?
Not all health or medical condi-
tions are ADA disabilities, triggering the .
various employer obligations under the
law. For the ADA, a disability is a physi-
cal or mental impairment that substan-
tially limits a major life activity, or a
record of impairment, or a perception by
the employer that an impairment exists.
Major life activities include: walking,
seeing, breathing, speaking, hearing,
reading, lifting and learning. Temporary
impairments generally are not ADA dis-
abilities; however, it depends on the
severity and the duration, among other
things.
Physical characteristics such as left -
handedness or height/weight, environ-
mental; cultural or economic disadvantage
such as lack of education, and sexual/be-
havioral disorders are not ADA disabilities.
Reasonable Accommodation
Reasonable accommodations for
qualified employees or applicants are em-
ployment modifications made to: ensure
equal opportunity during the interviewing
and application process; allow such indi-
viduals to perform the essential functions of
their jobs; and extend equal benefits and
privileges of employment to all employees.
Such accommodations may include
making worksites readily accessible to and
usable by individuals withdisabilities. They
also may include: job restructuring; modi-
fied work schedules; reassignment to a va-
cant position; modified equipment or de-
vices; adjustments to examinations; or pro-
viding qualified readers or interpreters.
An employer is not re quired to make
any reasonable accommodations which
would result in undue hardship. This would
mean the accommodation is unduly expen-
sive or difficult to make in light of the
employer's financial resources, size ofwork
force and the impact on operations. Accom-
modation also is not required where a direct
threat to the individual or others would
exist, and could not be eliminated or re-
duced through alternative accommodations.
/V1A1L- BSS ETC. USA°
` PACKAGING & SUPPLIES
• SHIPPING: UPS, DHL
` NOTARY ` COPIES ` FAX
• OFFICE SUPPLIES • GREETING CARDS
Plaza La Quinta
78 -365 Highway 111 TEL: (619) 564 -7007
La Quinta, CA 92253 FAX: (619) 564 -3799
AN INDEPENDENTLY OWNED AND OPERATED FRANCHISE
15 -
Open Access
Both Title I and Title III address the
issue of physical access. For the work
place, Title .1 requires reasonable ac-
commodation which might include modi-
fications to the worksite. Title I also
mandates access to the worksite, and
educational, social and otherwork related
activities.
In public accommodations, Title
III requires readily achievable removal
ofbarriers to access in existing facilities,
and requires that consumers with dis-
abilities be provided with equivalent
access to goods and services. Title III
also dictates that public accommoda-
tions and commercial facilities meet spe-
cific and technical accessibility require-
ments when engaging in new construc-
tion or alterations.
Both the landlord who owns the
building in which there exists a place of
public accommodation (e.g., the owner
'of a shopping mall), and the tenant who
owns or operates the place of public
accommodation (e.g., the retail shop
owner), are responsible for compliance
with the ADA. In many cases, respective
obligations of these parties will be ad-
dressed within the terms of the lease. If
not, the parties involved would be wise
to negotiate the allocation of ADA re-
sponsibilities and commit to writing the
terms of their agreement.
^5 l
TJ'S PIZZA C®/V®PAN
SATURDAY NIGHT. DANCE PARTY
' Octobee :31st
November 28th
December 26th
9 pm `til 12 midnight
$7.00 cover charge includes: ,•.
-All the can `eatl ="
o
All the sodas.you`can. drink!,..
rLwe ".'Band
TEENS MOW'HAVE.A' PLACE TO
GO ON SATURDAY NIGHT
(No alcoholic beverageswill ',be'served or allowed,
reservations required)