3-3 3 AMUSEMENTS

Every person operating an arcade (as defined by Section 10-1-203 of this code) shall pay a license fee as specified in the Burbank Fee Resolution. [Formerly numbered Section 5-1; renumbered by Ord. No. 3058, eff. 2/21/87; 3088, 2876.]

3-3-102: REGULATION OF AMUSEMENT MACHINES:

Any person operating an arcade or operating or maintaining amusement machines as defined by Section 10-1-203 of this code shall comply with the provisions of this section, in addition to any other applicable sections of the Burbank Municipal Code:

A. No operator of an amusement machine shall cause, permit, or allow the machine to be operated by a person under sixteen (16) years of age in a commercial establishment between the hours of eight o’clock (8:00) A.M. and two o’clock (2:00) P.M. Monday through Friday, and after ten o’clock (10:00) P.M. daily, unless accompanied by a parent or guardian. The provisions of this subsection shall not apply during school holidays or vacation periods recognized by the subject schools within the City of Burbank.

B. All amusement machines shall be situated in the premises so that they are readily visible from the entrance to the premises.

C. The premises where an amusement machine is located shall be well lighted at all times with a minimum light of three (3) foot-candles.

D. The maximum number of amusement machines shall not exceed three (3), except pursuant to Section 10-1-1115 of this code relating to arcades.

E. Adult supervision shall be provided at all times during hours in which an amusement machine is in operation by a person under sixteen (16) years of age. [Added by Ord. No. 3088; formerly numbered Section 5-1.1; Amended by Ord. No. 3404, eff. 7/1/95; 3098, 3058.]

3-3-103: BOXING AND WRESTLING:

Every person conducting, managing or carrying on a boxing and wrestling exhibition shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 5-2; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-3-104: CARNIVALS AND FAIRS:

Every person operating a carnival, fair or similar exhibition shall pay a daily license fee in the amount set forth in the Burbank Fee Resolution plus an additional amount set forth in the Burbank Fee Resolution for each show, riding device and concession in excess of twenty (20) in number. [Formerly numbered Section 5-3; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-3-105: CHILDREN’S AMUSEMENT PARK:

Every person operating a children’s amusement park with ferris wheel, scenic railroad, merry go round, flying Jenny, swing or similar device for the amusement of children, where a fee is charged or collected for any persons thereon, shall pay a license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 5-4; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-3-106: CHILDREN’S PONY RIDE:

Every person operating a children’s pony ride, for the amusement of children, not in connection with any established livery stable or riding academy, where a fee is charged or collected to ride such pony or ponies, shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 5-5; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-3-107: CIRCUS:

Every person operating a circus or similar exhibition shall pay a license fee in the amount set forth in the Burbank Fee Resolution. For each side show included in such circus or exhibition for which a separate admission fee is charged, the additional license fee set forth in the Burbank Fee Resolution shall be paid. [Formerly numbered Section 5-6; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-3-108: SHOOTING GALLERY:

Every person engaged in the business of operating a shooting gallery shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 5-9; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-3-109: TENT SHOW:

Every person operating any traveling theatrical performance or any theatrical performance such as comedy, spoken drama, operas, or concerts, under, surrounded or partially enclosed by a canvas or similar substance, shall pay a license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 5-10; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-3-110: THEATER:

Every person engaging in the business of operating a theatre shall pay a license fee as follows:

A. For a theater containing not more than fifty (50) seats, an annual license fee in the amount set forth in the Burbank Fee Resolution; and

B. For a theater containing more than fifty (50) seats, an annual license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 5-11; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-3-111: ENTERTAINMENT IN GENERAL:

A. License Fee: Every person conducting, managing or carrying on a lecture, entertainment, show or exhibition not otherwise provided for in this chapter, for which a fee is received, directly or indirectly, either as a gift, donation or otherwise, shall pay a license fee in the amount set forth in the Burbank Fee Resolution.

B. Duration: No license issued under this section shall be valid for a longer period than seven (7) days, without the approval of the Council. [Formerly numbered Section 5-12; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

ARTICLE 2. AUTO AND MOTORCYCLE RACING

3-3-201: DEFINITIONS:

As used in this article:

AUTOMOBILE MANEUVERING EVENT OR EVENTS: A noncompetitive amateur recreational activity held during daylight hours strictly for the entertainment of the participants and other spectators, for which there is no admission charge or any financial award to any participant or spectator; on open and unobstructed land, such as a parking lot, which tests only the skills of drivers who possess valid California drivers’ licenses, to maneuver their vehicles through a measured course of tight turns.

COURSE: The route along which vehicles participating in an automobile maneuvering event operate.

NONCOMPETITIVE: No two (2) or more vehicles are maneuvered on a course simultaneously with each other. [Formerly numbered Section 5-13; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-202: PERMIT REQUIRED:

No person shall conduct, operate, or sponsor an automobile maneuvering event or allow an automobile maneuvering event to be held unless a permit to conduct, operate, and sponsor such event has been obtained from the Community Development Department. [Formerly numbered Section 5-14; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-3-203: PERSONS WHO MAY SECURE PERMIT:

No person may secure a permit to conduct, operate, or sponsor any automobile maneuvering event except an adult duly authorized to represent a nonprofit corporation of this State, some or all of whose members are residents of the City, and whose main purpose is to sponsor, coordinate, and operate activities relating to vehicles licensed by the State to operate on public highways, but not whose sole purpose is to conduct, operate, and sponsor the automobile maneuvering event for which a permit is sought under this article. [Formerly numbered Section 5-15; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-204: APPLICATION FOR PERMIT:

An application for a permit required by Section 3-3-202 of this article and an application fee of twenty five dollars ($25.00) shall be filed with the Community Development Department no less than twenty (20) days before the date of the proposed event. The application shall be under oath and in duplicate and shall contain in addition to the information required by Section 3-6-202 of this title:

A. The date on which the proposed event is to be held;

B. The time at which the event is to begin and end;

C. The address of the place where the event is to be held;

D. Written authorization from the owner of the place where the event is to be held, specifically granting permission to hold the event at the time, date, and place designated in the application;

E. A plan showing the layout of the course and what precautions are to be taken to protect private and public property;

F. A certificate of the applicant stating that the course on which the proposed event will be held is reasonably safe; that before and during the event, safety equipment, including fire extinguishers, will be available; that any oil on the course will be adequately covered with absorbent powder; and that properly maintained and safe areas for spectators of the event, adequately separated from the vehicle course for reasonable safety, will be provided;

G. A certificate of the applicant stating that only motor vehicles equipped with seat belts and brakes in safe operating condition, licensed by the State Department of Motor Vehicles to operate on public highways, and which comply with the provisions of Sections 27150 and 27151 of the State Vehicle Code, will be permitted to participate in the event; and

H. A certificate of the applicant stating that the applicant assumes full and complete responsibility for the event, its direction and any expenditure of funds connected therewith, and that the applicant will not hold the City liable in any way for any damage, loss, or injury either to person or property resulting from or caused by the event. [Formerly numbered Section 5-16; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-3-205: INVESTIGATION; GRANTING OR REFUSAL:

A. Chief of Police to Handle Applications: The Community Development Director shall refer all applications filed pursuant to Section 3-3-204 of this article to the Chief of Police.

B. Chief of Police to Make Investigation: The Chief of Police shall cause to be made such investigation as they deem necessary, and if the Chief of Police shall find that the holding of the event at the place set forth in the application, will not violate any ordinance of the City or law of the State, or constitute a menace to the peace, health, safety, or welfare of the community, and the officers and members of the applicant nonprofit corporation are of good moral character, then the Community Development Director shall issue a permit to the applicant, which permit shall contain as conditions the certifications of applicant required by Section 3-3-204 of this article.

C. Decision on Application Within Seven Days: Within seven (7) calendar days from the date of application, the Community Development Director shall cause notice of the granting or refusal of such permit to be given the applicant. [Formerly numbered Section 5-17; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. 3828, eff. 8/24/12.]

3-3-206: CONSTRUCTION OR OPERATION OF RACE TRACK:

Except as provided in this article, no person shall construct, engage in, or operate a track, enclosure, or other place for a race, trial, or contest of speed for vehicles which are self-propelled. [Formerly numbered Section 5-18; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-207: OPERATION OF VEHICLE:

Except as provided in this article, no person shall engage in a race, trial, or contest of speed or exhibition of speed with a vehicle which is self-propelled. [Formerly numbered Section 5-19; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 3. RECREATION GENERALLY

3-3-301: BOWLING:

Every person engaging in the business of operating a bowling alley shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 5-20; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-3-302: RIDING ACADEMY OR RIDING STABLES:

Every person engaging in the business of operating a riding academy or riding stable, offering more than two (2) horses for rental purposes, shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 5-21; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-3-303: ICE AND ROLLERSKATING RINKS:

A. License Fee: Every person engaged in the business of operating an ice or roller skating rink shall pay a license fee in the amount set forth in the Burbank Fee Resolution, which shall not be prorated notwithstanding Section 3-6-403.

B. Application Fee: Applications for such license shall be accompanied by an application fee in the amount set forth in the Burbank Fee Resolution.

C. Approval: Such applications shall be referred to the City Planning Commission, Building and Fire Departments for approval. [Formerly numbered Section 5-22; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 22-3,983, eff. 12/16/22; 3623.]

3-3-304: SECTION NUMBER RESERVED:

[Deleted by Ord. No. 3369, eff. 4/23/94.]

ARTICLE 4. BILLIARDS AND POOL

3-3-401: LICENSE FEE:

Every person engaging in the business of operating a billiard parlor or any establishment where three (3) or more billiard tables are kept for hire, for public use or the use of any member of any club or association shall pay a license fee as set forth in the Burbank Fee Resolution. [Formerly numbered Section 5-24; Amended by Ord. No. 3417, eff. 11/18/95; 3058.]

3-3-402: PERMIT REQUIRED:

No person shall establish or operate any billiard parlor or any establishment where three (3) or more billiard tables are kept for hire, for public use or the use of any member of any club or association, without first having obtained a permit so to do from the Community Development Department and paid a permit fee as set forth in the Burbank Fee Resolution. [Formerly numbered Section 5-25; Amended by Ord. No. 3828, eff. 8/24/12; 3417, 3058, 2194.]

3-3-403: APPLICATION FOR PERMIT:

A. Any person desiring to establish a billiard parlor or any establishment where three (3) or more billiard tables are kept for hire, for public use or the use of any member of any club or association, shall make application under penalty of perjury to the Community Development Department, which application shall be submitted in duplicate and contain the following information:

1. The applicant’s full name, date of birth, current residence and business addresses and telephone numbers;

2. The exact business name, including any fictitious name, if applicable, under which the applicant plans to conduct business;

3. The proposed number of billiard tables to be placed in the establishment;

4. The proposed hours of operation of the establishment;

5. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant;

6. The applicant’s California driver’s license number and social security number;

7. Any conviction, forfeiture of bond, or plea of guilty or nolo contendere to any criminal violation or violation of any City ordinance, excluding minor traffic violations, within five (5) years immediately prior to the date of filing the application and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge and the sentence imposed as a result thereof;

8. Any permit violation or violation of regulations set forth by the Alcoholic Beverages Commission and the facts and circumstances surrounding such violation;

9. The applicant’s business, occupation and employment history in the five (5) years immediately preceding the date of the application and the address of each location where such business, occupation and employment was engaged in or performed;

10. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application for the permit.

B. After the applicant files a permit application for a billiard parlor or to maintain three (3) or more billiard tables, the Community Development Department shall transmit the application to the Chief of Police for investigation and recommendation. Within sixty (60) days of the filing of the application for a permit, the Chief of Police or their designee shall file with the Community Development Department a written report setting forth the results of the Police Department investigation and the Police Department recommended action on the permit application. If more than sixty (60) days is required to complete this investigation, the applicant shall be so notified by the Community Development Department. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein.

C. The Community Development Department, within ten (10) business days after receiving the Police Chief’s recommendations, shall grant or refuse to grant the permit.

D. The Community Development Department may refuse to issue the permit if any of the following are applicable:

1. The applicant has knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the City in conjunction therewith;

2. The applicant has been convicted or has entered a plea of guilty or nolo contendere to any violation referred to in this Article or to any other crime involving fraud, larceny or moral turpitude;

3. The applicant has, within five (5) years of the date of said application, been convicted of any crime that is reasonably related to the operation of a billiard parlor or to maintaining billiard tables.

E. The Community Development Department shall issue the permit if granted. The permit shall be personal to the applicant and nontransferable and shall be limited to the uses requested in the application. Billiard parlor permits may be granted conditionally in order to ensure compliance with the provisions of this article. [Formerly numbered Section 5-26; Amended by Ord. No. 3828, eff. 8/24/12; 3417, 3058, 2194.]

3-3-404: GRANTING OR REFUSAL OF PERMIT:

No permit hereunder shall be granted to any person who has had any such permit previously revoked. [Formerly numbered Section 5-27; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-405: REGULATION OF BILLIARD TABLES:

A. No person engaging in operating a billiard parlor or any establishment with three (3) or more billiard tables shall keep any billiard table therein hidden from public view or from view of a responsible employee while such employee is engaged in their normal and regular duties.

B. No person engaging in the business of operating a billiard parlor or other establishment with three (3) or more billiard tables shall allow the playing of billiards in such place of business except between the hours of seven o’clock (7:00) A.M. and two o’clock (2:00) A.M.

C. The premises where three (3) or more billiard tables are located shall be well lighted at all times with a minimum light of three (3) foot-candles. [Formerly numbered Section 5-28; Amended by Ord. No. 3417, eff. 11/18/95; 3058.]

3-3-406: SCREENING OF TABLE PROHIBITED:

No person engaging in operating a billiard or pool room shall keep any billiard or pool table therein hidden from public view or from view of a responsible employee while such employee is engaged in their normal and regular duties. [Formerly numbered Section 5-29; renumbered by Ord. No. 3058, eff. 2/21/87; 2773.]

3-3-407: HOURS OF BUSINESS:

No person engaging in the business of operating a billiard or pool room shall allow the playing of billiards or pool in their place of business except between the hours of seven o’clock (7:00) A.M. and two o’clock (2:00) A.M. [Formerly numbered Section 5-30; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-408: ENTERTAINMENT PROHIBITED:

No person shall engage in, suffer or allow any entertainment or attraction other than billiards or pool in a place of business required to be licensed under this article. [Formerly numbered Section 5-31; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-409: MINORS PROHIBITED UNLESS ACCOMPANIED BY PARENT:

No person having charge or control of a billiard parlor or any establishment with three (3) or more billiard tables required to be licensed under this article shall suffer or allow any person under the age of eighteen (18) years to enter, visit or remain in such place of business, unless such person is accompanied by their parent, legal guardian or other adult person having custody over them. [Formerly numbered Section 5-32; Amended by Ord. No. 3430, eff. 2/10/96; 3058, 2230.]

ARTICLE 5. DANCING AND ENTERTAINMENT

DIVISION 1. GENERAL PROVISIONS

3-3-501: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates:

ADULT SPONSORING GROUP: Shall mean a responsible nonprofit organization or association, having as one of its objects the sponsoring, regulation and control of youth activities, and which assumes full and complete responsibility for the direction of a teen-age dance, the receipts or contributions from which are to be expended only for recognized charitable or benevolent purposes.

ALCOHOLIC BEVERAGE: Shall mean alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent (0.5%) or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

BOARD: Shall mean Police Commission.

CLUB DANCE: Shall mean a dance other than a public dance conducted by any club or association of persons for its members or bona fide guests more often than twice a month in any two (2) month period, at which a fee is charged, either for admission to such dance or for dancing therein, or at which any collection or donation of money is made or received, or a dance sponsored by a club or association at which the amount of dues to be paid by each member is dependent upon attendance thereat by such member.

DANCE HALL: Shall mean a place or establishment where public dances are carried on.

DANCING ACADEMY: Shall mean a regularly established place maintained or conducted for the purpose of giving instruction in dancing, for which instructions the person maintaining or conducting the same makes a bona fide selection or choice of the persons so instructed or to be so instructed therein, and contracts specially with each such person for a specified series of lessons in dancing to be given on different dates.

DINE AND DANCE RESTAURANT: Shall mean a dance place or establishment where the general public is admitted and bona fide, complete and genuine full course meals are served at tables as a business and individual drinks of alcoholic beverages are served and public dancing is permitted.

DIRECTOR: Shall mean the City Manager of the City or their designee.

ENTERTAINMENT: Shall mean

A. Any act, play, burlesque show, revue, pantomime, scene, dance act, or song and dance act, performed by one or more persons, whether or not such person or persons are compensated for such performance, provided, however, that the playing of musical instruments, singing, or the playing of musical instruments and singing, shall not be deemed to be an “act”; or

B. Any fashion or style show, except:

1. When the same is conducted by a nonprofit club, organization or association, as part of the social activities of such club, organization or association, to which members of the general public are not invited; or

2. When the same is conducted by a person as part of a commercial business which primarily involves the sale or manufacture of clothing or wearing apparel.

NON-PROFIT DANCE: Shall mean a dance where the expenses incurred in connection therewith are reasonable, and the net receipts of any admission fees or contributions collected are expended exclusively for recognized charitable or benevolent purposes.

OWNER: Shall mean the person under whose authority the premises to be used for a dance is given, donated, leased or rented for the purpose of holding said dance.

PARTY DANCE: Shall mean a club dance held at a dine and dance restaurant.

PERMITTEE: Shall mean any person securing a permit as provided in this article and their agents and representatives.

PLACE OF ENTERTAINMENT: Shall mean a place open to members of the public with or without charge, in which entertainment is offered or performed.

PUBLIC DANCE: Shall mean any dance to which admission can be had by payment of a fee or by the purchase, possession or presentation of a ticket or token, or any dance to which a person may gain admission without invitation or by anyone who cannot be identified at the time of the issuance of the invitation by the sender, or any gathering of persons upon any premises where dancing is participated in, either as the main purpose for such gathering or as an incident to some other purpose to which the public is admitted; provided, that the normal activities of a dancing academy shall not be considered a public dance, nor shall occasional dancing for brief periods as an incident to some other activity constitute a public dance.

PUBLIC YOUTH DANCE HALL: Shall mean an establishment where public dances are held or conducted exclusively for persons between the ages of sixteen (16) and twenty-three (23), or such other persons as may be permitted pursuant to subsection 3-3-543K of this chapter.

TEENAGE DANCE: Shall mean a nonprofit dance held or conducted exclusively for teenagers and to which no persons twenty (20) years of age or older are admitted as participants, except as is otherwise provided in Section 3-3-536 of this chapter.

TEENAGER: Shall mean any person who is thirteen (13) years of age or over, and under the age of twenty (20) years. [Formerly numbered Section 5-33; renumbered by Ord. No. 3058, eff. 2/21/87; 2924, 2395, 2250.]

3-3-502: DANCES:

Every person, not otherwise licensed under the provisions of this article, operating a dance, whether or not for profit, to which the public is admitted, either with or without charge, or at which the public is allowed to participate, either with or without charge, shall pay a license fee in the amount set forth in the Burbank Fee Resolution; provided, however, that for any such dance which commences on or after twelve o’clock (12:00) noon of one day and terminates on or before twelve o’clock (12:00) noon of the following day, only one day’s license fee shall be paid. [Formerly numbered Section 5-34; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-3-503: MINORS UNDER EIGHTEEN BARRED FROM PUBLIC OR CLUB DANCES; EXCEPTIONS:

No person under eighteen (18) years shall enter, be present or dance in any public or club dance. No parent or guardian of a person under eighteen (18) years of age, or the proprietor or person in charge of any public or club dance, shall permit such minor person to enter, be present at or dance in any public or club dance, provided, however, that the provisions of this section shall not apply to:

A. Married persons under eighteen (18) years of age, in attendance with their spouse;

B. Persons under eighteen (18) years of age when in attendance at a bona fide hotel, cafe, restaurant or other place where meals are regularly served and where a party or club dance is not being held;

C. Persons under eighteen (18) years of age when in attendance at a bona fide hotel, cafe, restaurant or other place where meals are regularly served and where a party or club dance is being held, provided that such persons do not participate in the dancing therein; and

D. Persons under eighteen (18) years of age when in attendance at a public dance held in connection with the broadcast or filming of a television program. [Formerly numbered Section 5-35; renumbered by Ord. No. 3058, eff. 2/21/87; 2395.]

DIVISION 2. DANCE HALLS

3-3-504: DANCE HALLS:

Every person engaging in the business of operating a dance hall shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 5-36; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-3-505: DANCE HALLS; HOURS OF OPERATION:

No person shall engage in the business of operating a dance hall after two o’clock (2:00) A.M. on Sunday or between two o’clock (2:00) A.M. and eleven o’clock (11:00) A.M. on any other day, provided, however, that when December 24 and December 31 fall on Sunday, operation of such business is prohibited only between two o’clock (2:00) A.M. and eleven o’clock (11:00) A.M. of said days. [Formerly numbered Section 5-37; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 3. ENTERTAINMENT ESTABLISHMENTS

3-3-506: DANCING PROHIBITED AT PLACES SERVING ALCOHOLIC BEVERAGES; EXCEPTION:

No person shall open, conduct or operate a public dance, or participate in or allow public dancing, in any place where alcoholic beverages are sold, served, given or furnished, unless all the following conditions and requirements are complied with and exist:

A. Dance Floor: There is a separate dance floor having a minimum unobstructed area of two hundred (200) square feet;

B. Building Zoning: The building in which such dance or dances will be held is on property zoned for commercial or industrial use under the provisions of this code; and

C. License and Permit: A valid license and permit have been issued as hereinafter provided authorizing such dancing and no such permit has been previously refused for the same location within the past twelve (12) months. [Formerly numbered Section 5-38; renumbered by Ord. No. 3058, eff. 2/21/87; 2395.]

3-3-507: PLACES OF ENTERTAINMENT AND ACTS OF ENTERTAINMENT; PERMIT REQUIRED:

No person shall conduct or allow the conduct of any act of entertainment in any place of entertainment, as the owner or operator of such place, without first obtaining a valid license and permit therefor, as hereinafter provided. [Formerly numbered Section 5-39; renumbered by Ord. No. 3058, eff. 2/21/87; 2250.]

3-3-508: EXEMPTIONS:

A. Municipal Golf Course: The Starlight Room and adjacent foyer and atrium at the DeBell Municipal Golf Course shall be exempt from subsection 3-3-506B of this article and the permit requirements of subsection 3-3-506C and section 3-3-507 of this article; in addition, the restaurant and premises, located at 1250 Harvard Road, shall be exempt from the provisions of subsection 3-3-506B of this article.

B. Nonprofit Organizations: Nonprofit organizations exempt by virtue of Section 3-6-412 of this Code from the payment of license fees may in their claim for exemption request to be exempt from obtaining the entertainment permit required by Section 3-3-507 of this article. The Community Development Director may, in their discretion, exempt any such organization from obtaining such permit. [Formerly numbered Section 5-40; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/28/12; 2562, 2395.]

3-3-509: APPLICATION FOR PERMIT; FEE:

Applications for the permits required by subsection 3-3-506C and section 3-3-507 of this article shall be filed with the Community Development Director on forms to be provided by the City and shall be accompanied by an application fee in the amount set forth in the Burbank Fee Resolution for each permit requested. A single application may be made for both permits. The application shall be under oath and in duplicate and shall contain in addition to the information required by Section 3-6-202 of this code:

A. Identity of Applicant: A complete identification of the applicant and all persons to be directly or indirectly interested in the permit, if granted;

B. Identity of Owners: Names, citizenship, residence and business addresses of any co-partners, including limited partners; or, if a corporation, the names, citizenship, residence and business addresses of the president, secretary, treasurer, and any persons holding twenty-five (25) percent or more of its shares of stock outstanding or ownership of the beneficial interest therein;

C. Identity of Holders of Beneficial Interest: Names, citizenship, residence and business addresses of any persons having a beneficial interest in or lien upon the applicant’s shares of stock, or the assets or receipts of the proposed business;

D. Identity of Manager: The name, residence and business address of the manager or person to be in charge;

E. Identity and Consent of Landlord: The name, residence, business address and written consent of the owner of the premises, who shall indicate their consent by signing the application in the space provided.

F. Location and Size of Rooms: The address and the particular room or rooms for which the permit is required, the square foot area thereof to be used for dancing and/or entertainment;

G. Type of Business and Name: The exact nature of the proposed business for which the permit is requested and the name under which it is to be operated;

H. Related Business; Revocation of Permit: Whether or not the applicant, or anyone having a beneficial interest in the business, directly or indirectly, has had a permit for the same or any similar business suspended or revoked anywhere, and, if so, the circumstances of such suspension or revocation; the suspension or cancellation of a liquor license shall be considered as included within the purpose of this paragraph;

I. Criminal Record: Whether or not the applicant or any officer or director, or member of applicant, as the case may be, has ever been arrested or has ever been convicted in any court for any crime; a misdemeanor traffic offense shall not be considered a crime for purposes of this paragraph;

J. Type of Entertainment: A statement in detail of the kind of act, play, show, or other act or acts which are to be conducted on the premises;

K. Hours of Business: The hours of operation; and

L. Additional Information: Such other information as the Community Development Director may require. [Formerly numbered Section 5-41; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2395.]

3-3-510: INVESTIGATION:

A. Officials: The Superintendent of the Community Development Department shall refer all applications for said permit or permits to the Chief of Police, Fire Chief, Building Official, and Health Officer to ascertain what effect, if any, the issuance of such permit will have on the public peace, health, safety and general welfare of the City and its inhabitants.

B. Character and Reputation: The Chief of Police shall investigate and ascertain whether or not the applicant and all persons directly or indirectly interested in the permit or proposed business as owner, partners, officers, stockholders, disclosed or undisclosed beneficiaries of the assets or receipts thereof, the manager or other person to be in charge of the premises, is a person of good character and reputation and suitable for the issuance of such permit or permits, and if the premises are suitable and proper for such use. They shall also ascertain whether or not the applicant or any of said persons, having an interest in the business directly or indirectly at the time, have had a license or permit for a similar business or a liquor license suspended, cancelled or revoked. If the Chief of Police finds that the issuance of the permit will not comport with the public peace and welfare; or that it will tend to create a public nuisance; or that the character or reputation of the applicant, its officers, manager or person having a substantial beneficial interest in said business, as to decency or maintenance of order is bad, or that they had a license or permit for a similar business or liquor license suspended, cancelled or revoked; they shall recommend that the application be denied.

C. Suitability of Premises:

1. The Fire Chief, Building Official, and Health Officer within the scope, jurisdiction and duties of their particular departments, shall ascertain whether or not the premises to be used are suitable, proper and adequate, and comply with the law for the issuance of the permit or permits.

2. The Building Official and the Fire Chief shall jointly investigate and report as to compliance with building and fire regulations, and dance floor area regulations.

3. The said investigating officers may include in their respective reports any information they may have regarding the character and reputation of the applicant, manager or other person to be in charge of the premises, or the person owning the business.

4. If any of the said investigating officers should find after investigation on their part as herein provided, that the premises do not comply with law or such use of the premises would result in a violation of law, they shall recommend that the application be denied.

D. Reports and Recommendations: The said investigating officers shall file with the Community Development Director their reports in writing, stating the extent of their investigation, sources of information, particulars of objections and their recommendations. [Formerly numbered Section 5-42; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2395.]

3-3-511: GRANTING OR REFUSAL OF PERMIT:

A. Time Within Which to Act: Within fifteen (15) days after receiving an application for such permit, the Community Development Director shall, in their discretion, grant or refuse to grant the permit.

B. Grounds for Refusal: In addition to grounds for refusal set forth in Section 3-6-603 of this Code, no permit shall be granted:

1. In violation of any provision of this code; or

2. If it is found that the applicant or other person who will be directly engaged in the management and operation of the place of entertainment, other than one who participates in an act of entertainment, has been convicted in a court of competent jurisdiction, by final judgment, of:

a. An offense involving the presentation exhibition or performance of an obscene production, motion picture, play or act; or

b. An offense involving lewd conduct; or

c. An offense involving the use of force and violence upon the person of another; or

d. An offense involving misconduct with children; or

3. If it is found that the applicant has knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the City in conjunction therewith.

C. Conditional Issuance: Permits may be granted conditionally in order to ensure compliance with the provisions of this division. [Formerly numbered Section 5-44; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2395, 2250.]

3-3-512: ISSUANCE OF PERMIT:

The Community Development Department shall issue the permit if granted. The permit shall be limited to the uses requested in the application and to such other restrictions, terms and conditions as the Community Development Director may prescribe. [Formerly numbered Section 5-45; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2395, 2194.]

3-3-513: LICENSE FEES FOR DANCING AND/OR ENTERTAINMENT:

A. Dancing: Every person engaged in operating a public dance where alcoholic beverages are sold, served, given or furnished as described in Section 3-3-506 of this article shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution.

B. Entertainment: Every person engaging in providing entertainment as described in Section 3-3-507 of this article shall pay an annual license fee or a daily license fee, as appropriate, in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 5-46; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03; 2395.]

3-3-514: PERMIT AUTHORIZES ONLY DRINKS SERVED BY PERMITTEE:

It shall be unlawful for any person entering, attending or remaining on any premises where a public dance is conducted pursuant to a permit issued under Section 3-3-512 of this article to have in their possession any alcoholic beverage in a bottle, flask or other container, which was not sold, served, given or furnished to them by the permittee, nor shall they give or sell such alcoholic beverage while on such premises, nor shall any person receive such alcoholic beverage from them while on such premises. [Formerly numbered Section 5-48; renumbered by Ord. No. 3058, eff. 2/21/87; 2395.]

3-3-515: PERFORMERS TO REMAIN ON STAGE OR DANCE FLOOR; NOT TO ASSOCIATE WITH PATRONS:

All entertainment mentioned in Section 3-3-507 of this article shall in any of the establishments therein mentioned, be conducted upon a stage or platform raised at least eighteen (18) inches above the floor, unless otherwise authorized by the Community Development Director. In establishments having a dance floor where dancing is duly authorized under the provisions of this code, such entertainment may be conducted upon the dance floor. No entertainer or employee shall dance, unnecessarily converse, or associate with any patron during any entertainment period, and not at all except in a formal manner and when conventionally clothed; provided, however, that a regularly scheduled audience participation type of entertainment may be presented during the time stated and in the manner described in an advertisement posted at the premises and appearing in a regularly printed program, provided a copy of said advertisement shall be received by the Chief of Police twenty-four (24) hours prior to the conducting of said audience participation entertainment. It shall be unlawful for any person to violate or fail to comply with any provision of this section. [Formerly numbered Section 5-49; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2395.]

3-3-516: IMPERSONATING PERSON OF OPPOSITE SEX:

[Deleted by Ord. No. 22-3,967, eff. 4/1/22; formerly numbered Section 5-50; renumbered by Ord. No. 3058, eff. 2/21/87; 2395.]

3-3-517: BARRED INGRESS AND EGRESS:

No person shall permit any entertainment to be conducted in any establishment required to be licensed under Section 3-3-507 of this article which does not provide unlocked doors with free and easy ingress and egress while patrons are in the establishment. [Formerly numbered Section 5-51; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-518: VISIBILITY FROM STREET:

No person shall permit any entertainment to be conducted in any establishment required to be licensed under Section 3-3-507 of this article which is visible from the street. [Formerly numbered Section 5-52; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-519: SOLICITATION OF DRINKS:

It shall be unlawful for any person employed in any establishment required to be licensed under Section 3-3-507 of this article to solicit or accept drinks of alcoholic beverages from any customer while so employed. [Formerly numbered Section 5-53; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-520: HOURS OF ENTERTAINMENT IN PLACES SERVING ALCOHOLIC BEVERAGES:

It shall be unlawful for any person to conduct, show, stage, perform or produce any entertainment between the hours of two o’clock (2:00) A.M. and six o’clock (6:00) A.M. in any establishment required to be licensed under Section 3-3-507 of this article except by special written authorization of the Chief of Police and under the conditions therein set forth. [Formerly numbered Section 5-54; renumbered by Ord. No. 3058, eff. 2/21/87; 2395.]

3-3-521: USE OF ESTABLISHMENT AS PRIVATE CLUB:

No person shall use any establishment required to be licensed under Section 3-3-507 of this article for the purpose of conducting a private club between the hours of two o’clock (2:00) A.M. and six o’clock (6:00) A.M. [Formerly numbered Section 5-55; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-522: DISPLAY OF PERMIT:

Every person holding a permit issued under Section 3-3-512 of this article shall keep the same posted in a conspicuous place in open and clear view. [Formerly numbered Section 5-56; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-523: RULES AND REGULATIONS FOR PUBLIC DANCES; POSTING:

Every person holding a permit to operate a public dance issued under Section 3-3-512 of this article shall keep the following rules and regulations, and such supplemental rules and regulations as may be recommended by the City Manager and adopted by resolution of the Council, posted immediately adjacent to the permit in a conspicuous place in open and clear view:

A. Dancing is prohibited after two o’clock (2:00) A.M. on Sunday and between two o’clock (2:00) A.M. and eleven o’clock (11:00) A.M. on any other day;

B. The room, hall or other place where dining and dancing are permitted shall be kept well and adequately lighted with uniform intensity at all times and with minimum light of three (3) foot candles, thirty (30) inches from the floor, and all places where dancing is permitted shall be open and in clear view;

C. No vulgar, obscene, suggestive, marathon or endurance dancing shall be permitted;

D. No person shall pay or receive any fee or remuneration to be a dancing partner. This provision shall not apply to professional paid entertainers when performing as such;

E. No person under the influence of alcoholic beverages shall be admitted or permitted to remain in or upon the premises;

F. Boisterous or disorderly conduct or the use of profanity is prohibited;

G. Smoking on the floor area used for dancing is prohibited;

H. Dancing shall be limited to bona fide patrons; and

I. No permittee shall serve, or permit to be served, any drinks other than individual drinks, or serve, or permit to be served, cracked ice in glasses or otherwise, or serve, or permit to be served, what is commonly termed “setups”. [Formerly numbered Section 5-57; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,968, eff. 4/1/22; 2395.]

3-3-524: VIOLATION OF RULES AND REGULATIONS A MISDEMEANOR:

It shall be unlawful for any person holding a permit issued under Section 3-3-512 of this article to violate or fail to comply with any of the foregoing rules and regulations, and every such violation shall constitute a misdemeanor. [Formerly numbered Section 5-58; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-525: REVOCATION AND SUSPENSION OF PERMIT:

Any permit issued under Section 3-3-512 of this article shall be summarily and temporarily suspended by the Chief of Police upon information and belief, or knowledge, that the holder of such permit has violated or failed to comply with any of the rules and regulations set forth in Section 3-3-523 of this article, or has failed to enforce said rules and regulations. Such suspension shall be accomplished by posting a notice thereof on the premises over the place where the permit is posted and as required by Title 2, Chapter 1, Article 15 of this code. [Formerly numbered Section 5-59; renumbered by Ord. No. 3058, eff. 2/21/87; 3048, 2395.]

DIVISION 4. TEEN-AGE DANCES

3-3-526: PERMIT REQUIRED; LICENSE FEE:

No person shall open, conduct, stage, sponsor or operate a teen-age dance, or allow any teen-age dance to be held without having paid a license fee per dance or an annual license fee, as appropriate, in the amount set forth in the Burbank Fee Resolution. A teen-age dance shall not be held unless a permit to conduct such dance has been obtained from the Community Development Department. [Formerly numbered Section 5-60; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2194.]

3-3-527: PERSONS WHO MAY SECURE PERMIT:

No person may secure a permit to conduct or sponsor any teen-age dance except an adult sponsoring group. [Formerly numbered Section 5-61; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-528: APPLICATION FOR PERMIT:

Applications for the permit required by Section 3-3-526 of this article shall be filed with the Community Development Department on forms to be provided by the City. The application shall be under oath and in duplicate and shall contain in addition to the information required by Section 3-6-202 of this Code:

A. The date upon which the proposed dance is to be held, said date to be not less than twenty (20) days subsequent to the date upon which the application for permit is filed;

B. The time at which the dance is to begin and end;

C. The address of the place where the dance is to be held;

D. The approximate attendance expected and the minimum number of adult supervisors who will be in attendance at all times during the holding of said dance, said minimum number of supervisors to be not less than one (1) per one hundred (100) teen-agers, or fraction thereof, in attendance;

E. The names and addresses of the supervisors who will be in attendance at said dance;

F. The approximate expenses to be incurred as an incident to the holding of said dance, and the admission charge, if any, required as an incident to the attendance of said dance; and

G. A certificate of the applicant stating that the applicant assumes full and complete responsibility for the event, its direction and any expenditure of funds connected therewith. [Formerly numbered Section 5-62; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-3-529: INVESTIGATION; GRANTING OR REFUSAL; APPEAL:

A. Referred to the Chief of Police: The Community Development Director shall refer all such applications to the Chief of Police.

B. Investigation: The Chief of Police shall cause to be made such investigation as they deem necessary, and if the Chief of Police shall find that the conducting of said teen-age dance for which the permit is requested, and at the place set forth in the application, will not violate any ordinance of the City, or any law of the State or constitute a menace to the health, peace or safety of the community, and the applicant has not had a permit revoked within one (1) year prior to the application, and the officers and members thereof are of good moral character then the Community Development Director shall issue a permit to the applicant.

C. Decision on Application within Seven Days: Within seven (7) calendar days from the date of application, the Community Development Director shall cause notice of the granting or refusal of such permit to be given the applicant. [Formerly numbered Section 5-63; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3048.]

3-3-530: LIGHTING OF HALL:

All places where teen-age dances are held shall be adequately lighted at all times when open for dancing and the volume of illumination shall not be less than one foot candle in all parts of the building and premises accessible to participants. [Formerly numbered Section 5-64; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-531: PARKING LOTS; LIGHTING AND SUPERVISION:

All off street parking facilities made available for the participants of teen-age dances shall be lighted and supervised as follows:

A. Lighting: Parking facilities shall be lighted in such manner as to provide illumination to all vehicles sufficient to ensure the safety of those persons using said facility and to permit adequate supervision of the parking area.

B. Supervision: Parking facilities shall be supervised by inspection of the parking area and vehicles therein at regular intervals, such inspection to be made not less than once every half hour. [Formerly numbered Section 5-65; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-532: ATTENDANCE:

No minor admitted to a teen-age dance shall be permitted to leave and thereafter re-enter the dancing premises during the duration of the dance, and no pass out checks shall be issued. Nothing in this section shall prohibit participants in the dance from passing to and from a refreshment facility provided by the adult sponsoring organization where such facility is not located in the dancing area. [Formerly numbered Section 5-66; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-533: USE OF ALCOHOLIC BEVERAGES PROHIBITED:

Admission to a teen-age dance shall be denied to any person showing evidence of drinking any alcoholic beverage or who has any alcoholic beverage on their person. [Formerly numbered Section 5-67; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-534: CONDUCT; DRESS OF PARTICIPANTS:

All dancing shall be of an acceptable social standard and the dress of the participants must be in conformity with accepted standards in the City. Sufficient adult supervision shall be provided at all teen-age dances to ensure that accepted standards of social conduct are followed. [Formerly numbered Section 5-68; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-535: TIME LIMIT FOR DANCES:

No dancing at any teen-age dance shall be permitted after the hour of twelve o’clock (12:00) midnight, unless the permit issued for that dance specifically authorizes the continuance for a later hour. Authorization to continue dancing after the hour of twelve o’clock (12:00) midnight may be issued in the discretion of the Chief of Police. [Formerly numbered Section 5-69; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-536: PARTICIPATION OF ADULTS PROHIBITED:

A person twenty (20) years of age or over shall not attend any teen-age dance as a participant. This section does not prohibit the attendance of chaperons or sponsors who do not participate in the dancing nor does this section prohibit a parent of a teen-age participant from dancing with their child. [Formerly numbered Section 5-70; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-537: LOITERING:

Any person who loiters around or about the premises at which a teen-age dance is being conducted shall be guilty of a misdemeanor. [Formerly numbered Section 5-71; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-538: RESIDENCY OF SPONSORS:

At least two (2) persons of the sponsoring group shall have been bona fide residents of the City for at least three (3) months prior to making application for a permit under this division, unless this requirement is waived by the City Manager for good cause. [Formerly numbered Section 5-72; renumbered by Ord. No. 3058, eff. 2/21/87; 2893, 2868.]

3-3-539: POLICE INSPECTION:

The dancing and surrounding area shall at all times be open to the inspection of the Chief of Police and the members of the Police Department. [Formerly numbered Section 5-73; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-540: VIOLATIONS; PENALTY:

A. Generally: No person holding a permit issued under this division shall violate or fail to comply with any of the foregoing rules and regulations, and every such violation shall constitute a misdemeanor.

B. Sponsors: Any person or persons sponsoring or aiding in the sponsorship of a teen-age dance without permit shall be guilty of a misdemeanor. [Formerly numbered Section 5-74; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 5. PUBLIC YOUTH DANCE HALLS

3-3-541: APPLICATION FOR PERMIT AND LICENSE:

A. Permit Required: No person shall open, conduct, stage, sponsor, or operate a public youth dance hall without first applying for and receiving a permit from the Community Development Director pursuant to the provisions of this division.

B. Application for Permit: Any person desiring to secure a permit for the operation of a public youth dance hall shall submit an application under penalty of perjury to the Community Development Director. The application shall be in a form approved by the Community Development Director and shall be accompanied by an application fee for each permit requested in the amount set forth in the Burbank Fee Resolution. The application shall, in addition to the information required by Section 3-6-202 of this Code, include the following:

1. A complete identification of the applicant and all persons to be directly or indirectly interested in the permit, if granted.

2. Names, citizenship, residence, and business addresses of any co-partners, including limited partners; or, if a corporation, the names, citizenship, residence, and business addresses of the president, secretary, treasurer, and any persons holding twenty-five (25) percent or more of its shares of stock outstanding or ownership of the beneficial interest therein.

3. Names, citizenship, residence, and business addresses of any persons having a beneficial interest in or lien upon the applicant’s shares of stock, or the assets or receipts of the proposed business.

4. The name, residence, and business address of the manager or person to be in charge.

5. The name, residence, and business address of the owner of the premises.

6. The addresses and the particular room or rooms for which the permit is required and the square foot area thereof to be used for dancing.

7. The exact nature of the proposed business for which the permit is requested and the name under which it is to be operated.

8. Whether or not the applicant, or anyone having a beneficial interest in the business directly or indirectly, has had a permit for the same or similar business suspended or revoked anywhere, and if so, the circumstances of such suspension or revocation. The suspension or cancellation of a liquor license shall be considered as included within the purpose of this subsection.

9. Whether or not the applicant or any officer or director, or member of applicant, as the case may be, has ever been arrested or has ever been convicted in any court for any crime. A misdemeanor traffic offense shall not be considered a crime for purposes of this subsection.

10. The hours of operation.

11. Such other information as the Community Development Director may require. [Added by Ord. No. 2924; formerly numbered Section 5-74.1; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623.]

3-3-542: PROCESSING THE APPLICATION:

A. Investigation: Upon the filing of an application for a public youth dance hall permit, the Community Development Director shall cause an investigation to be made in order to ascertain what effect, if any, the issuance of such permit will have on the public peace, health, safety, and general welfare of the City and its inhabitants. The Community Development Director shall approve, approve with conditions, or deny each application for a public youth dance hall permit within thirty (30) days after receiving such application.

B. Denial of Application: The Community Development Director shall deny any application for a public youth dance permit if they find any of the following:

1. The applicant or person to be in charge of the dance or the dance premises is not a person of good character and reputation.

2. The applicant or person to be in charge of the dance or the dance premises has been convicted in a court of competent jurisdiction, by final judgment, of:

a. An offense involving the presentation, exhibition, or performance of an obscene production, motion picture, play, or act; or

b. An offense involving lewd conduct; or

c. An offense involving the use of force and violence upon the person of another; or

d. An offense involving misconduct with any person under the age of eighteen (18) years.

3. The premises are not suitable or proper for use as a public youth dance hall.

4. The public youth dance hall for a public youth dance will create a public nuisance or disorder in the neighborhood, or the premises are not sufficiently soundproof so that nearby residents or patrons of nearby hotels or lodging houses will not be disturbed, or the floor area in which the dance will be conducted is not adequately lighted.

5. The applicant has knowingly made any false, misleading, or fraudulent statement of facts in the permit application, or any other document required by the City in conjunction with the application.

C. License: Every person engaging in the business of operating a public youth dance hall shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Added by Ord. No. 2924; formerly numbered Section 5-74.2; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 3048.]

3-3-543: CONDITIONS OF APPROVAL:

The Director may impose such conditions upon the approval of a public youth dance hall permit as they may in their discretion deem reasonably necessary to protect the health, safety, and welfare of the dancers, spectators, neighboring properties and their occupants, public property, vehicular and pedestrian traffic, and, in general, the public. Such conditions may include, but are not limited to, area and time limitations, crowd control, noise control, and the presence of security officers or other persons to control and regulate the conduct of the dance or the dance facility. Each permit approved pursuant to the provisions of this division shall be conditioned upon the permittee complying with each of the following requirements.

A. Hours of Operation: The Director shall establish the hours of operation for each public youth dance hall. In no event shall a public youth dance hall be open past the hour of two o’clock (2:00) A.M.

B. Alcoholic Beverages: No alcoholic beverages shall be sold, served, given, or furnished on the premises of any public youth dance hall. Admission to any public youth dance hall shall be denied to any person showing evidence of drinking any alcoholic beverage or who has any alcoholic beverage on their person.

C. Lighting: Parking facilities shall be lighted in such manner as to provide illumination to all vehicles sufficient to ensure the safety of those persons using the public youth dance hall facility and to permit adequate supervision of the parking area.

D. Supervision: Parking facilities shall be supervised by inspection of the parking area and vehicles therein at regular intervals, such inspection to be made not less than once every half hour.

E. Attendance: No person admitted to a public youth dance hall shall be permitted to leave and thereafter re-enter the dancing premises during the duration of the dance, and no passout checks shall be issued.

F. Type of Dancing: No vulgar, obscene, suggestive, marathon or endurance dancing shall be permitted.

G. Taxi Dance Hall: No person shall pay or receive any fee or remuneration to be a dancing partner with another person. This provision shall not apply to professional paid entertainers when performing as such.

H. Disorderly Conduct: Boisterous or disorderly conduct or the use of profanity shall be prohibited.

I. Smoking: Smoking on the floor area used for dancing shall be prohibited.

J. Lighting of Facility: The public youth dance hall shall be kept well and adequately lighted with uniform intensity at all times and with minimum light of three (3) foot candles, thirty (30) inches from the floor, and all places where dancing is permitted shall be open and in clear view.

K. Age Restrictions: No person twenty-four (24) years of age or over, or fifteen (15) years of age or under, shall dance or be admitted to any public youth dance hall. The provisions of this subsection shall not apply to a married person twenty-four (24) years of age or over in attendance with their spouse, provided that said spouse is between the ages of sixteen (16) and twenty-three (23). [Added by Ord. No. 2924; formerly numbered Section 5-74.3; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-544: DISPLAY OF PERMIT:

Every person holding a permit issued under the provisions of this division shall keep such permit posted in a conspicuous place in open and clear view. [Added by Ord. No. 2924; formerly numbered Section 5-74.4; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-545: POSTING OF CONDITIONS:

Every person holding a permit issued under the provisions of this division shall keep the conditions of permit approval, as required pursuant to Section 3-3-543 of this division, posted immediately adjacent to the permit in a conspicuous place in open and clear view. [Added by Ord. No. 2924; formerly numbered Section 5-74.5; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-546: REVOCATION AND SUSPENSION OF PERMIT:

A. Property Right: No vested right or property interest is conferred by a permit issued to any person under the terms of this division, and the permit may be revoked, suspended, or canceled as hereinafter provided.

B. Revocation or Suspension: Any permit granted under the provisions of this division may be revoked or suspended by the Director when it appears that:

1. Dances at the public youth dance hall are conducted in a disorderly, riotous, or improper manner, or in violation of any statute or ordinance.

2. Any condition of the permit has not been complied with.

3. The permit is being used for any purpose detrimental to public morals, peace, or order or is being used for a purpose wholly foreign to that for which the permit was issued.

4. The application contained false, misleading or fraudulent statements.

5. Any fact or condition exists which, had it existed at the time of the original application, would reasonably have warranted the Director in originally refusing to issue such permit. [Added by Ord. No. 2924; formerly numbered Section 5-74.6; renumbered by Ord. No. 3058, eff. 2/21/87; 3048.]

ARTICLE 6. MUNICIPAL GOLF COURSE

3-3-601: DEFINITIONS:

The following words and phrases, whenever used in this article, shall be construed as defined in this section:

FACILITIES: The banquet room, clubhouse, driving range pro shop, locker room and lounge building, maintenance yard and soil conditioning buildings, pro shop, rest rooms and any and all other buildings and rooms of, and appurtenances to any golf course owned and operated by the City for the playing of golf.

GOLF COURSE OR MUNICIPAL GOLF COURSE: Any golf links owned and operated by the City for the playing of golf. [Formerly numbered Section 5-75; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-602: ENTRY ON GOLF COURSE:

No person shall play golf on the municipal golf course, or enter thereupon for any purpose whatsoever other than to perform work ordered by the Park, Recreation and Community Services Director, without first registering with the starter. The City Manager may by express written permission, or by the promulgation of appropriate rules and regulations, authorize spectators to be admitted to the golf course without registering, when tournaments, exhibitions or special events are held thereon. [Formerly numbered Section 5-76; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-603: PAYMENT OF FEES:

No person shall play golf upon the municipal golf course, or use the facilities thereof, without first paying the prescribed fees therefor. [Formerly numbered Section 5-77; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-604: GREEN FEES, ETC.:

The green fees, season ticket fees, and other special fees to be paid for the use of the golf course, or the facilities thereof, shall be prescribed by resolution of the Council. [Formerly numbered Section 5-78; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-605: TICKETS:

Every person paying a green fee, season ticket fee, or special fee shall be issued a ticket. The ticket shall be valid only during the season for which issued or on the date when issued and for the number of holes of play provided thereon. It shall be unlawful for any person to play golf on the municipal golf course without having a valid ticket in their possession at all times while using the course. Such ticket shall be shown to the starter or other authorized employee of the City upon demand. [Formerly numbered Section 5-79; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-606: TICKET NONTRANSFERABLE:

All tickets shall be nontransferable. Any person who transfers or receives a ticket in violation of this section shall be subject to being barred from further use of the golf course by the City Manager. [Formerly numbered Section 5-80; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-607: RULES AND REGULATIONS:

The City Manager may establish such supplemental rules and regulations as may from time to time be required for the proper administration of the golf course, including, but not limited to, the limiting of advance registrations at the golf course to residents of the City on Saturdays, Sundays and holidays. [Formerly numbered Section 5-81; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-608: POSTING OF RULES; VIOLATIONS:

Such rules and regulations as are promulgated in accordance with the provisions of Section 3-3-607 shall be posted in a conspicuous place at the golf course and any person failing to comply with such rules and regulations shall be guilty of a misdemeanor. [Formerly numbered Section 5-82; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-609: AUTHORITY TO EJECT UNAUTHORIZED PERSONS FROM COURSE:

Any person who enters upon the municipal golf course in violation of any provision of this article, and who persists in remaining thereon after being requested to leave by the starter or other authorized employee of the City, may be ejected therefrom forthwith, and it shall be the duty of any police officer of the City to carry out this provision. [Formerly numbered Section 5-83; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-610: START OF PLAY:

Each player shall start playing golf at the point designated by the starter. The starter shall have the right and discretion to require players to tee off in groups of four (4), but no more. [Formerly numbered Section 5-84; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-611: EQUIPMENT:

Each player shall have a bag in which to carry their clubs and a putter for their individual use. [Formerly numbered Section 5-85; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-612: USE OF PUTTER ON GREEN:

No club, other than a putter, shall be used on any of the greens. [Formerly numbered Section 5-86; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-613: DECORUM:

Every player or spectator shall conduct themselves properly while on the municipal golf course. [Formerly numbered Section 5-87; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-614: DAMAGE TO COURSE:

Every player or spectator on the municipal golf course shall at all times use diligence and care to protect the course from damage. Any player or spectator who wilfully or negligently damages or destroys any part of the golf course shall be subject to being barred from future play thereon by the City Manager. [Formerly numbered Section 5-88; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-615: PRACTICING ON GOLF COURSE PROPER:

No player shall practice on the municipal golf course by driving or putting more than one ball. This section shall not apply to practice areas such as driving ranges and putting greens. [Formerly numbered Section 5-89; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-616: STRAY BALLS:

No person shall hunt for golf balls on the municipal golf course unless they are looking for a ball which they or another player with whom they are playing has lost. [Formerly numbered Section 5-90; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-617: TAKING LOST BALLS:

No person shall knowingly take or carry away from the municipal golf course any lost golf ball without the consent of the owner thereof. [Formerly numbered Section 5-91; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-618: SALE OF GOLF SUPPLIES:

No person shall sell, or offer to sell, golf balls or other golf supplies or accessories in or about the municipal golf course unless authorized to do so by the City Manager. [Formerly numbered Section 5-92; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-619: BRINGING DOMESTIC ANIMALS ON COURSE:

No person shall bring any dog or other domestic animal onto the municipal golf course. [Formerly numbered Section 5-93; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-620: MOLESTING WILD ANIMALS, ETC.:

No person shall tease, hunt, shoot, trap, chase, molest or wilfully frighten, harm, or kill any wild animal or bird while on the municipal golf course. [Formerly numbered Section 5-94; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-621: VEHICLES:

A. On Golf Course: Golf carts may be operated on fairways. However, no person shall operate any other vehicle on the municipal golf course, including the service roads thereof, except to perform work ordered by the Park, Recreation and Community Services Director.

B. On Adjacent Roadways: Golf carts may be operated on roadways adjacent to the municipal golf course only when going from one area of the golf course to another, or when going to or from the parking lot, and then only on the following portions of said roadways:

1. That portion of the east access road between a point approximately three hundred fifty feet (350') northerly of its intersection with Harvard Road and the intersection of the east and west access roads;

2. That portion of the west access road between Walnut Avenue and a point approximately one hundred feet (100') southerly of Walnut Avenue;

3. Walnut Avenue at its intersection with the west access road.

The provisions of this subsection shall not be effective until appropriate signs giving notice thereof are posted along the roadways affected. [Formerly numbered Section 5-95; renumbered by Ord. No. 3058, eff. 2/21/87; 2550.]

3-3-622: ALCOHOLIC BEVERAGES PROHIBITED ON MUNICIPAL GOLF COURSE:

A. General Prohibition: As prohibited in Section 5-3-108, no person shall use, consume, or have in their possession any alcoholic beverage, as defined in Section 3-3-501, while on a municipal golf course.

B. Exception to General Prohibition: This prohibition shall not apply to alcohol used, consumed, or possessed by persons with the permission of the concessionaire of the municipal golf course, for consumption upon the clubhouse and golf course premises. [Formerly numbered Section 5-96; renumbered by Ord. No. 3058; Amended by Ord. No. 3781, eff. 5/28/10; 3727, 3171, 3124.]

3-3-623: ADVERTISING, ETC.:

No person shall post or display any sign, banner or advertisement, or write upon, cut, mutilate, deface, or otherwise disturb any building, bench, ornament, or flower on the municipal golf course unless authorized to do so by the City Manager. [Formerly numbered Section 5-97; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-624: MINORS:

No person under ten (10) years of age shall enter upon the municipal golf course for any purpose whatsoever unless accompanied by an adult person, and then only by permission of the Park, Recreation and Community Services Director. [Formerly numbered Section 5-98; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 7. PUBLIC PARKS, PLAYGROUNDS AND RECREATIONAL AREAS

3-3-701: PURPOSE:

The purpose of this article is to regulate activities within public parks, playgrounds and recreational areas when such activities present a danger to the safety of persons or property. [Added by Ord. No. 2658; formerly numbered Section 5-100; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-702: HITTING GOLF BALLS PROHIBITED EXCEPT AT GOLF COURSES, ETC.:

No person shall hit a golf ball in any public park, playground or recreational area in such manner as to pose a threat to the safety of any person or property; provided, however, that this section shall not apply to anyone hitting a golf ball on a golf course or driving range in conformity with the rules of the United States Golf Association. [Added by Ord. No. 2658; formerly numbered Section 5-101; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-3-703: ALCOHOLIC BEVERAGES PROHIBITED IN PUBLIC PARKS, PLAYGROUNDS AND RECREATIONAL AREAS:

A. General Prohibition: As prohibited in Section 5-3-108, no person shall use, consume, or have in their possession any alcoholic beverage, as defined in Section 3-3-501, in any public park, playground, or recreational area.

B. Exceptions to General Prohibition:

1. This prohibition shall not apply to any alcoholic beverage used, consumed, or possessed by persons attending sanctioned events at the Starlight Bowl.

2. This prohibition shall not apply to alcoholic beverages sold, possessed, or consumed at events for which permits have been issued pursuant to Title 3, Chapter 3, Article 8 of this Code. [Added by Ord. No. 2850; formerly numbered 5-102; Amended by Ord. No. 3781, eff. 5/28/10; 3346, 3058, 3031.]

3-3-704: SAFETY EQUIPMENT REQUIRED AT CITY OWNED SKATEPARK:

Any person using the facilities at the City owned skatepark shall wear a helmet, elbow pads, and knee pads. Failure to wear this required safety equipment shall result in expulsion of the person from the skatepark. [Added by Ord. No. 3515, eff. 5/25/99.]

ARTICLE 8. USE OF PARK FACILITIES

3-3-801: PERMITS FOR THE USE OF PARK FACILITIES:

A. Use of Park Facilities: No group or person as described in this section shall hold or conduct any picnic, celebration, parade, service, exercise, or event in any park without a park permit issued pursuant to this article. The provisions of this article shall apply to the following:

1. Any group of twenty five (25) or more persons.

2. Any picnic, celebration, parade, service, exercise, or event conducted on behalf of, or sponsored by, any business or organization which does not have its principal place of business in the City of Burbank.

3. Any group or person that will install and/or use equipment or facilities which is not owned or operated by the City of Burbank. For the purposes of this article, the term “equipment or facilities” shall not include normal sports or playground equipment including, but not limited to, balls, gloves, bats, volleyball or badminton nets, or tennis rackets.

4. Any group, of forty (40) or more persons, including the City of Burbank or any of its departments, who have applied for exemption from the provisions of Section 3-3-622 of this chapter.

5. Any group which applies for exemptions from the provisions of Section 3-3-703 of this chapter relating to the sale and consumption of alcoholic beverages.

B. Registration Areas: The Park, Recreation and Community Services Director may designate those areas of any park, the usage of which is heavy, or those areas of any park which are designed or desirable to be used for special or limited activities, and restrict the use thereof to persons or groups registering in advance for such use. The use of such areas shall be subject to the rules and regulations formulated by the Director. [Added by Ord. No. 3077. Amended by Ord. No. 3614, eff. 2/15/03; 3346, 3171, 3124.]

3-3-801.1: COMMERCIAL USE OF PARK FACILITIES WITHOUT PERMIT UNLAWFUL:

A. Permit Required: It shall be unlawful for any person, firm, corporation or charitable organization to engage in or to attempt to engage in any business, activity or act for financial compensation in or on any recreational facility or property owned, operated, or maintained by the City, including, but not limited to, any park, playground, recreational area or parking lot, without a permit issued by the City.

B. Applicability: Subsection A of this section is applicable regardless of whether the financial compensation is received directly or indirectly for that portion of a business, activity or act being performed in or on any recreational facility or property owned, operated, or maintained by the City.

C. Permit Fees: The permit fee to be paid for the use of any recreational facility or property owned, operated, or maintained by the City, including, but not limited to, any park, playground, recreational area or parking lot for the purpose of any business, activity or act for financial compensation shall be prescribed by resolution of the Council.

D. Penalties: Any person, firm, corporation or charitable organization that intentionally violates any of the provisions of this section shall be guilty of a misdemeanor. [Added by Ord. No. 3639, eff. 7/3/04.]

3-3-802: APPLICATION FOR PERMIT:

Any person or group desiring to use an area or conduct an activity described in Section 3-3-801 or 3-3-801.1 of this article shall first submit an application in writing in such form and containing such information as the Director of the Park, Recreation and Community Services Department or their designee may prescribe. The application shall be made at least forty five (45) days prior to the commencement of the use or activity but no earlier than one hundred ten (110) days before the commencement of the use or activity. In any case of emergency or where the Director or their designee is otherwise informed of the nature of the use or activity, they may, in their discretion, waive the prescribed time limit. [Added by Ord. No. 3077; Amended by Ord. No. 3648, eff. 1/1/05.]

3-3-803: ISSUANCE OF PERMIT:

A. Duties of the Director: The Director is hereby granted the following powers and assigned the following duties:

1. The Director, in consultation with the Police Chief, and the Fire Chief, shall assess and evaluate the police and health safety problems arising from the occurrence of the proposed activity or the use of the requested area of the park. In consideration of the age of the participants, the hour of conducting the activity, the type of activity proposed, the extent and type of advertising, if any, the condition of the premises, including access, and other similar or pertinent factors, the Director shall designate the minimum number and type of persons who shall be required to be present to enforce laws and regulations and maintain decorum and pedestrian and vehicular traffic control at or about the premises of the activity. As a condition of approval of any permit, the Director may require the permit applicant to pay the costs to the City incurred as a result of furnishing the services which the Director may require.

2. The Director shall assess and evaluate the activity or the use of the requested area of the park and considering the nature of the activity or use, may determine whether or not it will create unusual wear and tear of park property or accumulation of trash. Upon making such determination the Director may impose conditions on the activity or use reasonably calculated to decrease or eliminate the problem.

3. The Director may limit the hours of use of any facility or area.

B. Insurance: The Park, Recreation and Community Services Director or their designee, may, at their discretion, require an insurance policy as a condition of the issuance of the permit.

If a policy is required, the permittee must obtain, pay for, and maintain a policy of general liability insurance, approved as to form by the City Attorney which shall insure the City, its officers and employees against any liability, or claims of liability, brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the permittee or their agents or employees and occurring during the period and as a result of the activities for which such permit was issued. The amount of coverage to be provided by such policy shall be determined by the Park, Recreation and Community Services Director, or their designee. The City Attorney may accept as compliance with the requirement imposed by this subsection the presentation of a certificate of insurance, for at least the required amount of coverage, which indicates that, by endorsement thereto, the City, its officers, and employees have been added as additional insureds. Such certificate shall additionally provide that the required insurance will not be modified, changed, or terminated until at least ten (10) days’ written notice thereof has been transmitted to the Park, Recreation and Community Services Director.

C. Indemnity: It shall be a condition of the issuance of any park facilities permit that the permittee shall agree to defend and to hold the City, its officers and employees harmless from any and all claims and liability of any kind whatsoever resulting from or arising out of the issuance of such permit.

D. Approval of Permits: The Director shall approve the park facilities permit if, from a consideration of the application and such other information as may otherwise be obtained, including the imposition of required or desired conditions, the Director finds:

1. The conduct of the activity or the use of the area will comply with all the provisions of the code and will not substantially interrupt the safe and orderly use of the park by other persons.

2. The conduct of the activity or the use of the area will not require the diversion of so great a number of police and fire protection personnel as to prevent normal service to the City.

3. The concentrations of persons and equipment will not create a threat to the health and safety of any person using the park.

4. The conduct of the activity or the use of the area is not reasonably likely to cause injury to persons or property.

5. The conduct of the activity or the use of the area will not have an adverse impact on the surrounding neighborhood due to parking, noise, or crowds.

E. Director’s Decision: The Director’s decision shall be based upon the exercise of their discretion and in light of the factors and considerations described in this section. The Director’s decision shall be rendered to promote and protect the health, safety, and welfare of the participants in the activity and the spectators who may be drawn thereto, property, including the property involved, the surrounding neighborhood, and the community at large. [Added by Ord. No. 3077, eff. 8/29/87.]

3-3-804: COMMERCIAL FACILITIES USE PERMIT DECISION; NOTICE:

A. The Director or their designee shall act upon the application for a commercial facilities use permit within fourteen (14) days after the filing of an application and shall mail to the applicant a written notice of their action. If the commercial facilities use permit is denied, the Director or their designee shall include in the notice of decision a general statement of the reasons for their denial of the permit.

B. If the time of the proposed commercial activity is before or after the normal posted hours of operation of the requested park facility and its adjacent areas or in the Director’s opinion notice is otherwise warranted, the Director or their designee shall provide notice to any interested person prior to acting upon the application.

C. As used in this article, an “interested person” shall mean any person who is or may be directly and negatively impacted by the approval of a commercial facilities use permit.

D. Notice shall be in such form as may be prescribed by the Director or their designee and shall contain a brief description of the proposed activity and the deadline for submitting written comments to the Park, Recreation and Community Services Department.

E. Notice shall be made by publication once in a newspaper of general circulation in the City at least eight (8) days before a decision on the application. In addition to publication in a newspaper, notice may also be mailed to interested persons at the discretion of the Director or their designee.

F. An interested person may submit in writing comments regarding the proposed activity that the Director or their designee may take into consideration in deciding whether or not to grant a commercial facilities use permit. In addition, an interested person may request written notification of the Director or their designee’s decision. [Added by Ord. No. 3077. Amended by Ord. No. 3648, eff. 1/1/05.]

3-3-804.1: RECREATIONAL FACILITIES USE PERMIT DECISION:

The Director or their designee shall act upon the application for a recreational facilities use permit within fourteen (14) days after the filing of the application. The Director or their designee may act upon an application for a recreational facilities use permit either orally or in writing. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805: APPEAL TO PARK, RECREATION AND COMMUNITY SERVICES BOARD; NOTICE OF APPEAL; TIME FOR FILING; TIME LIMITS:

A. Any decision of the Director or their designee in approving or denying a permit pursuant to this article may be appealed by the applicant or any interested person to the Park, Recreation and Community Services Board, as defined in Section 2-1-410 of this code. Notwithstanding any other provision of this code, such appeal shall be subject to the conditions and the procedures set forth in this section.

B. Any applicant or interested person who has a right of appeal shall file a written notice of appeal with the City Clerk. The notice of appeal shall be filed, if at all, not later than ten (10) days after the mailing of a notice of decision by the Director or their designee.

C. No appeal shall be considered by the Park, Recreation and Community Services Board unless the notice of appeal is filed within this ten (10) day period.

D. Every notice of appeal shall contain a statement of the facts upon which it is based in sufficient detail to enable the Park, Recreation and Community Services Board to understand the nature of the controversy and the contentions of the parties concerned. The notice of appeal shall also contain a statement of the relief requested. [Added by Ord. No. 3077; Amended by Ord. No. 3648, eff. 1/1/05.]

3-3-805.1: SERVICE OF NOTICE OF APPEAL; REPORT AND OFFICIAL RECORD; HEARING AND DECISION BY THE PARK, RECREATION AND COMMUNITY SERVICES BOARD:

A. Official Record: Upon receipt of the notice of appeal the City Clerk shall make a copy of the notice and forward it within two (2) City business days to the Director or their designee. The Director or their designee shall promptly transmit to the Park, Recreation and Community Services Board a written report on the matter and a copy of all papers constituting any part of the record upon which the decision was based within three (3) City business days of receiving the notice of appeal from the City Clerk.

B. Setting Time for Hearing; Notice of Hearing: The Chairperson of the Park, Recreation and Community Services Board shall set the matter for hearing by the Park, Recreation and Community Services Board within twenty (20) calendar days of the City Clerk’s receipt of the notice of appeal, unless the applicant consents in writing to an extension. At least ten (10) calendar days prior to such hearing, written notice thereof shall be personally delivered or mailed to the applicant, the Director and to such other interested persons who requested notification of the Director or their designee’s decision, and as otherwise required by the California Ralph M. Brown Act² by first class U.S. mail with a proof of service attached.

C. Hearing by Park, Recreation and Community Services Board: The hearing shall be conducted as an independent reexamination of the matter. The person seeking the Park, Recreation and Community Services Board’s review shall have the burden of proof in all cases, and if such person is served with a notice of hearing but fails to appear either in person or by counsel, or fails to present or offer any evidence, the Park, Recreation and Community Services Board may adopt the decision of the Director, or it may decide the matter upon the record with or without taking any additional evidence. Any oral or documentary evidence may be received, but the Park, Recreation and Community Services Board shall exclude irrelevant, immaterial or unduly repetitious evidence. Unless demand is made, witnesses will not be sworn. It is not a ground for objection that evidence is hearsay or secondary, but the Park, Recreation and Community Services Board’s decision shall be made upon substantial evidence. In other words, if an essential finding is based upon hearsay or secondary evidence, such evidence must be of the type which would be admissible in a court of law as proof of such finding.

D. Decision by Park, Recreation and Community Services Board: Upon the hearing of the appeal the Park, Recreation and Community Services Board may refer the matter back to the Director or their designee with directions for further consideration, or it may reverse, affirm, or modify the decision as may appear just and reasonable in the light of the evidence presented. Notice of its decision shall be served upon the applicant, any interested person and the Director or their designee and shall be final unless City Council agrees to accept a further appeal or takes other action as provided in this article.

E. Findings by Park, Recreation and Community Services Board: The Park, Recreation and Community Services Board shall make a final determination supported by written findings within ten (10) City business days after the hearing pursuant to this section. The findings shall include the reasons for the Park, Recreation and Community Services Board’s ruling, including, but not limited to, findings of facts, if any, required by the code sections or ordinance upon which the decision is based. If necessary, the Park, Recreation and Community Services Board shall have a further meeting prior to the ten (10) day deadline to consider the written findings and adopt them as submitted or as modified by motion of the Park, Recreation and Community Services Board. No later than two (2) City business days of the Park, Recreation and Community Services Board’s decision, notice of the decision and a copy thereof shall be mailed by first class mail, postage prepaid, to the appellant and any interested person. The decision becomes effective three (3) City business days after notice of the decision has been mailed. The decision of the Park, Recreation and Community Services Board shall be final unless a timely appeal is filed. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805.2: APPEAL TO CITY COUNCIL; NOTICE OF APPEAL; TIME FOR FILING; TIME LIMITS:

A. Any decision of the Park, Recreation and Community Services Board may be appealed to the City Council subject to the conditions and the procedures set forth in this article.

B. Any person wishing to file an appeal of a decision of the Park, Recreation and Community Services Board shall, within ten (10) days after the date of service of the notice of decision, file a notice of appeal with the City Clerk.

C. No appeal shall be considered by the City Council unless the notice of appeal is filed within the time limit stated in this section.

D. Every notice of appeal shall contain a statement of the facts upon which it is based in sufficient detail to enable the City Council to understand the nature of the controversy and the contentions of the parties concerned. The notice of appeal shall also contain a statement of the relief requested. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805.3: SERVICE OF NOTICE OF APPEAL; REPORT AND OFFICIAL RECORD; HEARING AND DECISION BY THE CITY COUNCIL:

A. Official Record: Upon receipt of the notice of appeal the City Clerk shall make a copy of the notice and forward it within two (2) City business days to the Director or their designee. The Director or their designee shall promptly transmit to the City Clerk six (6) copies of the notice of decision, a written report on the matter and a copy of all papers and other such evidence upon which the decision of the Director or their designee was based within three (3) City business days of receiving the notice of appeal from the City Clerk.

B. Setting Time for Hearing; Notice of Hearing: The City Clerk shall set a time for the hearing on the City Council agenda within twenty (20) calendar days of the City Clerk’s receipt of the notice of appeal, unless the applicant or interested person filing the appeal consents in writing to an extension. At least ten (10) calendar days prior to such hearing, written notice thereof shall be personally delivered or mailed to the applicant, the interested person, the Director or their designee and as otherwise required by the California Ralph M. Brown Act³ by first class U.S. mail with a proof of service attached.

C. Hearing by City Council: Unless otherwise ordered and noticed, hearings shall be held as a part of the regular meetings of the City Council. The hearing shall be conducted as an independent reexamination of the matter. The person seeking City Council’s review shall have the burden of proof in all cases, and if such person is served with a notice of hearing but fails to appear either in person or by counsel, or fails to present or offer any evidence, the City Council may adopt the decision of the Director or their designee, or it may decide the matter upon the record with or without taking any additional evidence. Any oral or documentary evidence may be received, but the Mayor shall exclude irrelevant, immaterial or unduly repetitious evidence. Unless demand is made, witnesses will not be sworn. It is not a ground for objection that evidence is hearsay or secondary, but the City Council’s decision shall be made upon substantial evidence. In other words, if an essential finding is based upon hearsay or secondary evidence, such evidence must be of the type which would be admissible in a court of law as proof of such finding.

D. Decision by City Council: Upon the hearing of the appeal the City Council may refer the matter back to the Director or their designee with directions for further consideration, or it may reverse, affirm, or modify the decision as may appear just and reasonable in the light of the evidence presented. City Council’s decision shall be final and conclusive. The decision shall be entered in the City Clerk’s minutes as a motion and served upon the applicant, interested person and the Director or their designee. Testimony taken at hearings on appeal, if recorded, will not be transcribed or filed except upon the written request of a person accompanied by payment of the cost of transcription.

E. Findings by the City Council: After the hearing of the appeal, the City Council shall cause the preparation of written findings which shall be considered by the City Council and adopted as submitted or as modified by the City Council at a regular meeting not later than ten (10) City business days following the close of the appeal hearing. The findings shall include the reasons for the City Council’s ruling, including, but not limited to, findings of facts, if any, required by the guidelines, resolutions or ordinances upon which the decision is based. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805.4: JUDICIAL REVIEW:

In the event the decision of the City Council is adverse to the applicant or interested person, the applicant or interested person may seek judicial review of the City Council decision in accordance with California Code of Civil Procedure Section 1094.5 et seq., or as otherwise permitted by law. The notice of the City Council’s decision shall provide notice of the applicant or interested person’s right to judicial review pursuant to Code of Civil Procedure Section 1094.5 et seq., and that the time to seek such review is governed by Code of Civil Procedure Section 1094.6. In the event the applicant or interested person files an action pursuant to California Code of Civil Procedure 1094.5 et seq., the decision suspending or revoking the permit shall automatically be stayed upon service of the complaint to the City Clerk. Nothing herein shall be construed as a limitation upon the City’s ability to seek court action to enforce the terms of this article. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805.5: AUTHORITY TO REVOKE OR SUSPEND A PERMIT OR LICENSE:

Any permit granted or issued under the provisions of this article may be revoked or suspended at any time by the Director or their designee. The applicant shall be given written notice of the grounds for the proposed revocation or suspension. The notice to the applicant shall fix a time and place of hearing before the Park, Recreation and Community Services Board and shall require the applicant to provide reasons why the permit should not be revoked or suspended. Within five (5) City business days after the decision, the Director or their designee revoking or suspending the license shall deliver a written notice of decision to the applicant. If the decision is to revoke or suspend the license, the notice shall state the effective date of such decision. The Director or their designee shall make a written declaration of mailing or proof of personal service and shall file the declaration with the records of the Park, Recreation and Community Services Board. The decision shall be final unless a timely appeal is filed. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805.6: GROUNDS FOR REVOCATION OR SUSPENSION:

In addition to any specific reason as may be stated elsewhere in this code, any permit granted or issued under the provisions of this article may also be revoked or suspended at any time for any of the following reasons:

A. A material false statement contained in the application;

B. For failure to provide full disclosure of information required by the application;

D. For failure to comply with any regulatory provision contained in the statutes of the State or in the ordinances of the City regulating such business;

D. For failure to operate such business in an orderly and business like manner in obedience to such orders, rules and regulations as may be applicable under the provisions of this code or statutes of this State;

E. For conducting such business in an illegal, improper or disorderly manner or in a manner which endangers the public health, safety or welfare;

F. For failure to comply with any special conditions issued by the Director or their designee as a condition of permit approval and/or failure to follow all rules, regulations and conditions as mandated by the Director or their designee;

G. For any reason which would have constituted grounds for the denial of such permit had the facts constituting the basis for such reason been known or existed at the time of issuance;

H. For any change in circumstance that may negatively impact the compatibility of the permitted activity with the surrounding neighborhood. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805.7: EFFECT OF REVOCATION OR SUSPENSION:

Until a revoked or suspended permit is reinstated, the applicant shall not exercise any of the rights or privileges which such permit purports to grant. Whenever the revocation or suspension of a license becomes final and conclusive, all certificates, cards, and other evidence of such permit shall be promptly returned to the Park, Recreation and Community Services Department. Neither the permit application fee, nor any part thereof, shall be refunded in the event the permit is suspended, revoked or denied. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805.8: INSTITUTION OF PROCEEDINGS BY CITY COUNCIL:

The City Council may, on its own initiative, institute proceedings for the revocation or suspension of any license granted or issued under the provisions of this code. In such event the City Council shall direct the City Manager to order the applicant to provide reasons why the license or permit should not be revoked or suspended. Such order from the City Manager shall state the grounds of the proposed revocation or suspension, and the time and place of a hearing. The hearing shall be conducted pursuant to Section 3-3-805.3 of this article. The findings, if any, and the decision of City Council shall be final and conclusive. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-805.9: OTHER PROCEEDINGS NOT BARRED:

Proceedings to revoke or suspend a license under this article shall not bar or in any way limit the right of the City to proceed against an applicant under the penal provisions of this code or pursuant to any other ordinance of the City. [Added by Ord. No. 3648, eff. 1/1/05.]

3-3-806: OFFICIALS TO BE NOTIFIED:

Immediately upon the issuance of a park facilities permit, the Park, Recreation and Community Services Director or their designee shall send a copy thereof to the Police Chief, Fire Chief, and City Manager. [Added by Ord. No. 3077, eff. 8/29/87.]

ARTICLE 9. ADULT BUSINESSES

3-3-901: PURPOSE:

It is the purpose and intent of this article to regulate the operations of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; increases in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners’ enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.

It is, therefore, the purpose of this article to establish reasonable and uniform operational standards for adult businesses. Furthermore, the purpose of this article is to establish regulatory permitting procedures for adult businesses and their performers/entertainers. [Amended by Ord. No. 3558, eff. 10/28/00; added by Ord. No. 3529; 3531.]

3-3-902: DEFINITIONS:

In addition to any other definitions contained in the Municipal Code, the following words and phrases shall, for the purpose of this article, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of the Municipal Code, these definitions shall prevail for the purposes of this article.

ADULT ARCADE: Shall mean a business establishment or concern to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas.” Such devices shall be referred to as “adult arcade devices”.

ADULT BOOTH/INDIVIDUAL VIEWING AREA: Shall mean a partitioned, enclosed or partially enclosed portion of an adult business used for any of the following purposes:

A. Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”;

B. Where “adult arcade devices” are located.

ADULT BUSINESS: Shall mean

A. A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult hotel/motel, adult modeling studio; or,

B. A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes “adult oriented material” or “sexually oriented merchandise”, or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” but not including those uses or activities which are preempted by State law.

ADULT BUSINESS PERFORMER PERMIT: Shall mean a permit issued to a performer pursuant to the provisions of this article.

ADULT BUSINESS PERMIT: Shall mean a permit issued for an Adult Business pursuant to the provisions of this article.

ADULT BUSINESS PREMISES: Shall mean a property described in an Adult Business Permit where an Adult Business is authorized to operate. The Adult Business Premises shall include the building and/or unit where the Adult Business is authorized to operate but shall not include sidewalks, streets, other public rights-of-way, or adjacent property to any such place or location.

ADULT CABARET: Shall mean a business establishment or concern (whether or not serving alcoholic beverages) that features “adult live entertainment”.

ADULT HOTEL/MOTEL: Shall mean a “hotel” or “motel” (as defined in the Municipal Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to “specified sexual activities” or “specified anatomical areas”.

ADULT LIVE ENTERTAINMENT: Shall mean any physical human body activity, whether performed or engaged in, alone or with other persons, including, but not limited to, singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: a) the performer (including, but not limited to, a topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, “specified anatomical areas”; and/or b) the performance or physical human body activity depicts, describes, or relates to “specified sexual activities” whether or not the specified anatomical areas are covered.

ADULT MODELING STUDIO: Shall mean a business establishment or concern that provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays “specified anatomical areas” to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such consideration. “Adult modeling studio” does not include schools maintained pursuant to standards set by the Board of Education of the State of California.

ADULT MOTION PICTURE THEATER: Shall mean a business establishment or concern, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, videocassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or similar electronically-generated reproductions, that is characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.

ADULT ORIENTED MATERIAL: Shall mean a accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically-generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”. “Adult oriented material” shall include “sexually oriented merchandise”.

ADULT RETAIL STORE: Shall mean a business establishment or concern having as a regular and substantial portion of its stock in trade, “adult oriented material”.

APPLICANT: Shall mean a person who is required to file an application for an Adult Business Permit or Adult Business Performer Permit under this article.

CHILD DAY CARE FACILITY: Shall mean any “child day care facility” as defined in Section 1596.750 of the California Health and Safety Code other than family day care homes.

EMPLOYEE: Shall mean a person who performs any service on an Adult Business Premises on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises. Employee includes without limitation a Performer.

PERFORMER: Shall mean a person who is an Employee of an Adult Business or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of an Adult Business.

PERMIT: Shall mean an Adult Business Permit or an Adult Business Performer Permit.

PERMITTEE: Shall mean a person in whose name a permit has been issued to operate either an Adult Business or work as an Adult Business Performer.

PUBLIC PARK: Shall mean any park, playground, swimming pool, reservoir, golf course or athletic field within the City which is under the City’s control, operation and management.

RELIGIOUS INSTITUTION: Shall mean a structure or facility that is used primarily for religious worship and related religious activities.

REVIEWING DEPARTMENTS: Shall mean the Police Department, Fire Department, Planning Division, Community Development Department, the Building Division, any other City department or division thereof with jurisdiction over the development or operation of an Adult Business, and any other local, State, or Federal governmental agency with jurisdiction over the development or operation of an Adult Business.

SCHOOL: Shall mean any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and/or which is maintained pursuant to standards set by the Board of Education of the State of California. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education under the jurisdiction of the California Department of Education. For the purposes of this article, “school” does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

SEXUALLY ORIENTED MERCHANDISE: Shall mean sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”.

SPECIFIED ANATOMICAL AREAS: Shall mean and include any of the following:

A. Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered:

1. Human genitals, pubic region;

2. Buttocks, anus; or

3. Female breasts below a point immediately above the top of the areola; or

B. Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

SPECIFIED CRIMINAL ACT: Shall mean any unlawful lewd or indecent criminal act, including specifically, but not without limitation, any of the lewd or indecent criminal acts specified below:

A. Any of the offenses set forth in Sections 314, 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647 (d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered, or any offense requiring registration under California Penal Code Section 290.

B. The equivalent of the aforesaid offenses in other jurisdictions outside the State of California.

SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:

A. Human genitals in a state of sexual stimulation or arousal; and/or

B. Acts of human masturbation, sexual stimulation or arousal; and/or

C. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or

D. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints; and/or

E. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

F. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

TEMPORARY PERMIT: Shall mean a temporary Adult Business Permit or temporary Adult Business Performer Permit issued pursuant to Sections 3-3-907 or 3-3-908 of this article, respectively. [Amended by Ord. No. 3828, eff. 8/24/12; 3558, 3531, 3529.]

3-3-903: OPERATING STANDARDS:

A. Hours of Operation: It shall be unlawful for any owner, operator, manager or employee of an adult business to allow such adult business to remain open for business, or to permit any employee or performer to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of ten o’clock (10:00) P.M. and ten o’clock (10:00) A.M. of any day excepting herefrom an “adult hotel/motel”.

B. Exterior Lighting Requirements: All exterior areas, including parking lots, of an adult business shall be illuminated at a minimum of 1.50 foot-candle, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties. Inoperable and/or broken lights shall be replaced within twenty-four (24) hours.

C. Interior Lighting Requirements: All interior areas of the adult business excepting therefrom adult hotels/motels, shall be illuminated at a minimum of 1.00 foot-candle, maintained and evenly distributed at floor level. Inoperable and/or broken lights shall be replaced within twenty-four (24) hours.

D. Regulation of Adult Booth/Individual Viewing Area:

1. No adult booth/individual viewing area shall be occupied by more than one individual at a time.

2. Each adult booth/individual viewing area within the adult business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the entire interior of the adult booth/individual viewing area from the main aisle. A manager shall be stationed in the main aisle at all times during operating hours. Further, no one shall maintain any adult booth/individual viewing area in any configuration unless the entire interior wherein the picture or entertainment that is viewed is visible from one main aisle. The entire body of any patron in any adult booth/individual viewing area must be visible from the main aisle without the assistance of mirrors or other device.

3. No doors are permitted on an adult booth/individual viewing area. No partially or fully enclosed adult booth/individual viewing areas or partially or fully concealed adult booth/individual viewing areas shall be maintained.

4. No holes or other openings (commonly known as “glory holes”) shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within twenty-four (24) hours using “pop” rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.

E. On Site Manager; Security Measures: All adult businesses shall have a responsible person who shall be at least eighteen (18) years of age and shall be on the premises to act as manager at all times during which the business is open. No performer may serve as the manager. The individual(s) designated as the on site manager shall provide their name to the Planning Director to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises.

All adult businesses shall provide a security system that visually records and monitors all parking lot areas, or in the alternative, state licensed, uniformed security guards to patrol and monitor the parking lot areas during all times during which the business is open. If the business employs security guards, they shall provide written confirmation to the Police Chief prior to their employment that the guards are duly registered. No performer may serve as a security guard.

A sign indicating compliance with this provision shall be posted on the exterior of the premises between four (4) to six (6) feet from the ground. The sign shall not exceed two (2) feet by three (3) feet and shall at a minimum be one (1) foot by one-and-a-half (1/1/2) feet and shall utilize red or black printing of letters not less than one (1) inch in size on a white background.

F. Exterior Doors And Windows: No exterior door or window on the premises of an adult business shall be propped or kept open at anytime while the business is open and any exterior windows shall be covered with opaque coverings at all times.

G. Signs: All adult businesses shall comply with the following sign requirements, in addition to those of the Burbank Municipal Code. Should a conflict exist between the requirements of this Code and this Article, the more restrictive shall prevail.

1. If an adult business does not serve alcohol, it shall post a notice inside the establishment, within ten (10) feet of every entrance used by customers for access to the establishment, stating that persons below the age of eighteen (18) years of age are prohibited from entering onto the premises or within the confines of the adult business. This notice shall be posted on a wall in a place of prominence. The dimensions of the notice shall be no less than six (6) inches by six (6) inches, with a minimum typeface of 25-point. If the adult business serves alcohol, it shall comply with all notice and posting requirements of the Alcoholic Beverage Control Department.

2. No adult oriented material shall be displayed in window areas or any area where it would be visible from any location other than within the confines of the adult business.

H. Public Restroom Facilities: If the adult business provides restrooms for patron use, it shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from adult oriented material. Only one (1) person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the adult business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall ensure that no person of the opposite sex is permitted into the restroom, and that not more than one (1) person is permitted to enter a restroom stall, unless otherwise required by law, and that the restroom facilities are used only for their intended sanitary purposes. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers.

I. Trash: All interior trash cans shall be emptied into a single locked trash bin lined with a plastic bag at least once a day. At least four (4) times a day, the front and rear exteriors of any adult business shall be inspected for trash and debris and any trash and debris found shall be immediately removed and placed into a single locked trash bin lined with a plastic bag.

J. Adult Live Entertainment; Additional Operating Requirements: The following additional requirements shall apply to adult businesses providing adult live entertainment:

1. No person shall perform adult live entertainment for patrons of an adult business except upon a permanently fixed stage at least eighteen (18) inches above the level of the floor.

2. No performer shall be within ten (10) feet of a patron while such performer is performing. This ten-foot separation shall be marked by a continuous railing or other physical barrier designed to obstruct any contact between the performer and the patron(s).

3. No performer shall have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is performing on the premises. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast, with any part or area of any other person’s body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one (1) inch in size on a white background. And, if necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the establishment.

4. All employees, except therefrom performers while performing on the fixed stage, while on or about the premises or tenant space, shall wear at a minimum an opaque covering which covers their specified anatomical areas.

5. If patrons wish to pay or tip performers, payment or tips shall be placed in containers placed at least ten (10) feet from the stage or other area used by the performers. Patrons shall not throw money to performers, hand money directly to performers, place monies in the performers’ costumes or otherwise place or throw monies on the stage. Patrons shall be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one (1) inch in size on a white background.

6. The adult business shall provide dressing rooms for performers, that are separated by gender and exclusively dedicated to the performers’ use and which the performers shall use. Same gender performers may share a dressing room. Patrons shall not be permitted in dressing rooms.

7. The adult business shall provide an entrance/exit to the establishment for performers that is separate from the entrance/exit used by patrons, which the performers shall use at all times.

8. The adult business shall provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three (3) foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers and the patrons must also be seven (7) feet away from the walk aisle. Nothing in this section is intended to exempt the adult business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility.

9. Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.

K. Adult Motion Picture Theater; Additional Operating Requirements: The following additional requirements shall apply to adult motion picture theaters:

1. If the theater contains a hall or auditorium area, the area shall comply with each of the following provisions:

a. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the hall or auditorium area;

b. Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium area shall be visible from the aisle at all times;

c. Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area; and

2. If an adult motion picture theater is designed to permit outdoor viewing by patrons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those patrons may not be seen from any public right of way, child day care facility, public park, school, or religious institution or any residentially zoned property occupied with a residence. [Amended by Ord. No. 3531, eff. 10/30/99; added by Ord. No. 3529.]

3-3-904: EMPLOYMENT OF AND SERVICES RENDERED TO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS PROHIBITED; TWENTY-ONE (21) YEARS IF ALCOHOL IS SERVED:

A. Employees: Employees of an adult business must be at least eighteen (18) years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten (10) percent or greater interest, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not at least eighteen (18) years of age. If alcohol is served at the adult business, employees of the adult business must be at least twenty-one (21) years of age. If alcohol is served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten (10) percent or greater interest, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not twenty-one (21) years of age. And said persons shall exercise reasonable care in ascertaining the true age of persons seeking to contract with, be employed by, or otherwise service the adult business.

B. Patrons: Patrons of an adult business must be at least eighteen (18) years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten (10) percent or greater interest, employee, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least eighteen (18) years of age. If alcohol is served at the adult business, patrons must be at least twenty-one (21) years of age. If alcohol is served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten (10) percent or greater interest, employee, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least twenty-one (21) years of age. And said persons shall exercise reasonable care in ascertaining the true age of persons entering the adult business.

C. X-Rated Movies: At any establishment, the selling, renting, displaying, showing and/or viewing of X-rated movies, videotapes, digital video discs (DVDs), compact discs (CDs) and laser discs shall be restricted to persons over eighteen (18) years of age. If an establishment that is not otherwise prohibited from providing access to the establishment to persons under eighteen (18) years of age sells, rents, displays or and/or shows movies, videos, DVDs, or laser discs that have been rated “X” or rated “NC-17” by the motion picture rating industry (“MPAA”), or which have not been submitted to the MPAA for a rating, and which consist of images that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said movies, videos, DVDs, CDs, and laser discs shall be located in a specific section of the establishment from which persons under the age of eighteen (18) shall be prohibited. [Amended by Ord. No. 3531, eff. 10/30/99; added by Ord. No. 3529.]

3-3-905: INSPECTIONS:

Each owner, operator, manager, employee of an adult business or other person in charge of an adult business shall permit representatives of the Police Department, Health Department, Fire Department, Planning Department, Community Development Department and other City departments, to inspect the adult business for the purpose of ensuring compliance with the laws and operating standards applicable to adult businesses at any time it is occupied or open for business. Such inspections shall be conducted in a reasonable manner. [Amended by Ord. No. 3828, eff. 8/28/12; Added by Ord. No. 3529; 3531.]

3-3-906: PERMITS REQUIRED:

It shall be unlawful:

A. For any person to operate an Adult Business without a valid Adult Business Permit issued by the City pursuant to this article.

B. For any person who operates an Adult Business to employ a person to perform services as a performer on the Adult Business Premises who does not possess an Adult Business Performer Permit issued by the City pursuant to this Article.

C. For any person to perform services as a performer of an adult business without having secured an Adult Business Performer Permit issued by the City pursuant to this Article. [Added by Ord. No. 3558, eff. 10/28/00.]

3-3-907: ADULT BUSINESS PERMIT:

A. Application for Adult Business Permit:

1. An application for an Adult Business Permit, or renewal thereof, shall be made in writing to the Community Development Department on a form prescribed by the Community Development Department. Each application shall be submitted along with six (6) identical copies.

2. Each application for an Adult Business Permit shall include the following information and documents:

a. If the applicant is an individual, the individual shall state their legal name, including any and all aliases used by the applicant in the five (5) years prior to the application, address, social security number, and written proof of the applicant’s age.

b. If the applicant is a partnership (general or limited), joint venture, limited liability company, or any other type of organization where two (2) or more persons share in the profits or liabilities of the organization, then the applicant shall state: the organization’s complete name and official business address; and the legal name, all aliases (used within the previous 5 years), and the ages, business and residence addresses, business and residence telephone numbers, social security numbers of each partner or member (whether or not they are limited partners or members) with a ten (10) percent or more ownership interest in the organization. The applicant shall submit along with the application those documents most recently filed with the Secretary of State of the state in which the organization was formed, identifying the organization’s establishment and the partners and members thereto. If a corporation, partnership, joint venture, limited liability company or other organization is an interest holder that must be disclosed pursuant to this paragraph, then such interest holders shall disclose the information required in this subparagraph with respect to their interest holders.

c. If the applicant is a corporation, the corporation shall provide its complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of all of the directors, officers and managers of the corporation and of every person owning or controlling ten (10) percent or more of the shares of the corporation; the date of its incorporation; evidence that the corporation is in good standing under the laws of California; and the name of the registered corporate agent and the address of the registered office for service of process. The applicant shall submit along with the applicant those documents most recently filed with the Secretary of State or Department of Corporations of the state in which the corporation was formed identifying the corporations establishment or formation and identifying the shareholders with a ten (10) percent or more ownership interest. If a corporation, partnership, joint venture, limited liability company or other organization is an shareholder that must be disclosed pursuant to this paragraph, then such shareholders shall disclose the information required in this subparagraph with respect to their interest holders.

d. If the applicant is a trust, the trust shall provide the trust’s complete name; the legal name, all aliases, and the business address of the trustee of the trust; the legal name, all aliases, and the ages, business addresses, and social security numbers of each beneficiary of the trust and the specific interest of each such beneficiary in the trust; and the interest, if any, that the trust holds or proposes to hold in the adult business. If a corporation, partnership, joint venture, limited liability company or other organization is an interest holder that must be disclosed pursuant to this subsection A2d, then such interest holders shall disclose the information required in this subsection with respect to their interest holders.

e. If the applicant is an individual, the applicant shall sign the application. If the applicant is a corporation, a duly authorized agent shall sign the application. If the applicant is a partnership, joint venture, or limited liability company, the applicant shall be signed by at least one of the partners or members entitled to share in the profits of the organization and having unlimited personal liability and the authority to bind the organization. If the applicant is a trust, the trustee shall sign the application. The application shall be verified by oath or affidavit, under penalty of perjury, as to all statements made on the application and any attachments thereto.

f. For any person identified in subsection A1a through A2d of this section, the person’s fingerprints on a form and in a manner provided by the City and two (2) color photographs (taken no more than three (3) months prior to the application and clearly depicting the person’s face) shall be submitted with the application. Any fees for the photographs and fingerprints shall be paid by the applicant.

g. If the applicant intends to operate the Adult Business under a name other than that of the applicant, the applicant shall have registered the fictitious name of the Adult Business with Los Angeles County and show proof of registration of the fictitious name to the Community Development Department as part of the application process.

h. A description of the specific type of Adult Business for which the permit is requested and the proposed address of the Adult Business Premises, plus the names and addresses of the fee simple owner(s) of the Adult Business Premises, if different than the applicant.

i. The address to which notice of action on the applications is to be mailed.

j. A site plan depicting the building and/or unit proposed for the Adult Business Premises, including the building imprint in relation to the property lines. The site plan shall include a dimensional interior floor plan that depicts how the Adult Business Premises will comply with the applicable requirements of this article. The site plan shall also include a diagram of the off-street parking areas required by Section 10-1-1120 of this code.

k. A site map of the property on which the Adult Business Premises is located and the surrounding area, identifying by way of a radius drawing all properties within one thousand (1000) feet of the property (as measured from the property line). The site map shall have been prepared no more than thirty (30) days prior to application.

l. Whether the applicant, or any of the individuals identified in the application pursuant to subsections A2a through A2d of this section has been convicted of, or pleaded nolo contendere to, any specified criminal act within:

(1) Two (2) years of the date of the application, if the conviction is of a misdemeanor offense; or

(2) Five (5) years of the date of the application, if the conviction is of a felony offense.

m. The name of the individual or individuals who shall be the day to day, on site managers of the proposed Adult Business pursuant to subsection 3-3-903E of this Article. If the manager is other than the applicant, the applicant shall provide, for each manager, all of the information required pursuant to subsections A2a, A2f and A2l of this section. At the time of the hiring of any new on site managers, the applicant shall submit all of the information required pursuant to subsections A2a, A2f and A2l of this section, and the applicable Reviewing Departments shall have the right to review said background information as if it were for a new application. If the background investigation of the on site manager(s) shows that the Adult Business Permit application would have been denied if they had been submitted along with the original application, the Community Development Department shall notify the Adult Business that the proposed on-site managers may not be employed by the Adult Business.

n. The application shall be accompanied by an application filing fee, as established by resolution adopted by the City Council, which shall not be refundable. Whenever the City has no resolution in place governing the application fee, the fee shall be that fee set by the resolution or ordinance governing applications for permits issued to Massage Establishments pursuant to Chapter 4, Article 22 of this title. Every application and renewal application shall be accompanied by an application fee.

o. The application shall be accompanied by a waiver and acknowledgment by the applicant, on a form prepared by the City Attorney, acknowledging the right of the Reviewing Departments to conduct the necessary and authorized investigations, including background investigations, and waiving claims related thereto.

3. The fact that an applicant for an Adult Business Permit possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining an Adult Business Permit pursuant to this article.

B. Investigation on Application for Permit:

1. The Community Development Department shall determine whether the applicant has submitted a complete application within ten (10) City business days of its submission. An application is complete if it has been fully and properly completed in accordance with the terms of this article. If the Community Development Department determines that the applicant has not submitted a complete application, it shall so notify the applicant promptly in writing and state the reasons for its incompleteness. The sixty (60) day period for review and investigation shall not commence until the Community Development Department has determined that the applicant has submitted a complete application. The Community Development Department shall have ten (10) City business days to review each new submittal for completeness.

2. Upon determination of a complete application and payment of the application fees, the Community Development Department shall transmit the application and all attached information to the Reviewing Departments.

3. The Reviewing Departments shall conduct investigations, including inspections of the proposed adult business premises, to determine whether cause for denial of an Adult Business Permit exists pursuant to this section. The Reviewing Departments shall complete their investigations within sixty (60) days of the date that the application is determined to be complete. The Police Department shall verify federal, state and a local summary criminal history information, including without limitation NCIC, and certify whether disqualifying criminal history has been discovered. Accordingly, pursuant to California Penal Code Sections 11105 and 13300, the City Council specifically authorizes the Chief of Police, and their designee, to obtain such information as it relates to disqualifying convictions for specified criminal acts.

4. The Planning Division shall review the application and determine whether the proposed Adult Business Premises meets the criteria of this article and Title 10, including Section 10-1-1120, of this code.

5. The Fire Department and Building Division shall review the application and conduct any necessary investigations to determine whether the proposed adult business premises meets all applicable building, fire and safety codes.

6. Any other Reviewing Department with jurisdiction over the proposed Adult Business, including the Los Angeles County Department of Health Services, shall conduct the necessary investigations to ensure compliance with local, state, and federal laws; provided, however, the failure of any non-City Reviewing Department to provide the necessary information to the Community Development Department within the time frames set forth in this article shall not prevent the Community Development Department from issuing a permit.

C. Action on Adult Business Permit Application:

1. Temporary Permit: Within fifteen (15) days of receipt of a completed application, the Community Development Department shall issue a Temporary Adult Business Permit, unless it has been notified by any Reviewing Department that the proposed Adult Business Premises does not meet the criteria for of an Adult Business Premises, including general building and fire codes, or that the applicant or the application meets one or more of the criteria for denial as set forth in subsection C3 of this section. This Temporary Permit shall expire upon the earlier of sixty (60) days after the time a complete application has been submitted or the date the application for the Adult Business Permit has been denied pursuant to this section. This subsection does not authorize an Adult Business to operate in contravention of any local, State, or Federal laws or regulations concerning fire, health or safety. Upon approving or denying the Temporary Permit, the Community Development Department shall notify the applicant as follows:

a. The Community Development Department shall write or stamp “Temporary Permit Granted” or “Temporary Permit Denied” on the application and date and sign such notation; and

b. Notice of the Temporary Permit approval or denial shall be given to the applicant in writing by first class mail, postage prepaid, deposited for collection and mailing with the United States Postal Service within two (2) City business days of the date of the decision;

c. If the Temporary Permit is denied, the Community Development Department shall attach a statement of reasons for the denial to the notice;

d. If a Temporary Permit is denied, the application for the Adult Business Permit shall also be deemed denied and the applicant shall be so notified in the same notice.

2. Within sixty (60) days of the receipt of a complete application, the Community Development Department shall approve or deny the application for an Adult Business Permit pursuant to Subsection C3 of this section.

3. The Community Development Department shall approve an application for an Adult Business Permit unless one or more of the Reviewing Departments has determined that one or more of the following reasons for denial exists, in which case the application shall be denied:

a. The building, structure, equipment, or location used for the Proposed Adult Business Premises do not comply with the requirements and standards of the health, zoning, fire and safety laws of the City, County of Los Angeles, or State of California, or the property, building, structure, equipment, or location used for the Adult Business Premises do not comply with the requirements of this article or Title 10, including Section 10-1-1120 of this code.

b. The applicant has made any false, misleading or fraudulent statement of material fact on the application for an Adult Business Permit.

c. Any person identified in subsection A2a through A2d and A2m of this section is under eighteen (18) years of age.

d. The required application fee has not been paid.

e. Any person identified in subsection A2a through A2d and A2m of this section has been convicted of, or pleaded nolo contendere to, any specified criminal act within:

(1) Two (2) years of the date of the application, if the conviction is of a misdemeanor offense; or

(2) Five (5) years of the date of the application, if the conviction is of a felony offense.

The fact that a conviction is being appealed at the time of the application or at the time of the denial shall have no effect on disqualification of the applicant pursuant to this section.

f. The approval of the application would violate a statute, ordinance or court order.

4. An Adult Business Permit shall not issue unless the applicant has paid the required Adult Business Permit fee. The Adult Business Permit fee shall be set by a resolution of the City Council and shall be prorated on a quarterly basis. Whenever the City has no resolution in place governing the Adult Business Permit fee, said fee shall be that fee set by the resolution or ordinance governing for business licenses and business permits issued to Massage Establishments pursuant to Chapter 4, Article 22 of this title.

5. Any applicant denied a permit pursuant to the terms of this section may seek review of the denial as set forth in Section 3-3-910 of this article.

D. Permit Nontransferable:

1. No person(s) shall operate, carry on, or engage in an Adult Business under the authority of an Adult Business Permit at any place other than at the address of the Adult Business Premises stated in the application for the permit.

2. No Adult Business Permit issued pursuant to this article shall be transferable to another person or location other than the person and location to which the permit was issued.

3. Subject to subsection 3-3-911F of this article, any attempt to transfer an Adult Business Permit is hereby declared invalid and the permit shall become void.

E. Register and Permit Number For Performers: Every permitted Adult Business must maintain a register of names of all performers working or performing services on the Adult Business Premises and their permit numbers. Such register shall be available for inspection during regular business hours by any authorized city official of the City of Burbank.

F. Display of Permit: Every Adult Business shall display at all times during business hours the permit issued pursuant to the provisions of this article for such Adult Business in a conspicuous place so that the same may be readily seen by all persons entering the Adult Business Premises.

G. Expiration and Renewal Of Permit: Each Adult Business Permit shall expire upon the end of each fiscal year, and may be renewed only by filing a written request for renewal with the Community Development Department, accompanied by the annual permit and application fees, a copy of the permit to be renewed, and a list of all performers. The request for renewal shall be made at least sixty (60) days before the expiration date of the permit. When an application for renewal is made less than sixty (60) days before the expiration date, the expiration of the permit shall not be stayed. Applications for renewal shall be acted on in the same manner and using the same criteria and standards as those provided herein for investigation and action upon applications for Adult Business Permits. [Added by Ord. No. 3558, eff. 10/28/00; Amended by Ord. No. 3828, eff. 8/24/12.]

3-3-908: ADULT BUSINESS PERFORMER PERMIT:

A. Application for Permit:

1. An application for an Adult Business Performer Permit, or renewal thereof, shall be made in writing to the Community Development Department on a form prescribed by the Community Development Department.

2. Each application shall include the following information and documents:

a. The applicant’s legal name and any other names (including “stage names” and aliases) used by the applicant;

b. Age, date, place of birth and social security number;

c. Height, weight, hair and eye color;

d. Present residence address and telephone number;

e. Whether the applicant has been convicted of, or pleaded nolo contendere to, a Specified Criminal Act within:

(1) Two (2) years of the date of the application, if the conviction is of a misdemeanor offense; or

(2) Five (5) years of the date of the application, if the conviction is of a felony offense.

f. State driver’s license or identification number;

g. Satisfactory written proof that the applicant is at least eighteen (18) years of age;

h. The applicant’s fingerprints on a form and in a manner provided by the City, and two (2) color photographs clearly showing the applicant’s face. Any fees for the photographs and fingerprints shall be paid by the applicant.

3. The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council. Whenever the City has no resolution in place governing the application fees, the amount of said fee shall be the fee set forth in the City Council resolution or ordinance governing permit application fees for Massage Technicians regulated by Chapter 4, Article 22 of this title. Every application and renewal application shall be accompanied by an application fee.

B. Investigation on Application:

2. Upon receipt of a complete application and payment of the application fee, the Community Development Department shall submit the information to the Police Department and shall immediately stamp the application as received and completed.

3. The Community Development Department and the Police Department shall conduct investigations as to whether cause for denial of an Adult Business Performer Permit exists pursuant to subsection C3 of this section. These Reviewing Departments shall complete their investigations within sixty (60) days of the date the application is determined to be complete. Among other things, the Police Department shall verify local and state summary criminal history information, including without limitation NCIC, and certify whether disqualifying criminal history has been discovered. Accordingly, pursuant to California Penal Code Sections 11105 and 13300, the City Council specifically authorizes the Chief of Police to obtain such information as it relates to disqualifying convictions for specified criminal acts.

C. Action on Application for Adult Business Performer Permit:

1. Upon receipt of a complete application and payment of the application fee, the Community Development Department shall within two (2) City business days issue the applicant a temporary Adult Business Performer Permit, unless it has determined that the application meets the criteria for denial as set forth in subsection C3 of this section. The Temporary Permit shall entitle the applicant to immediately begin working or performing on the premises of the Adult Business Premises listed on the application. The Temporary Permit shall expire upon the earlier of sixty (60) days after its issuance or the date of the denial of the application pursuant to this section. Upon approving or denying the Temporary Permit, the License and Code Services Division shall notify the applicant as follows:

a. The Community Development Department shall write or stamp “Temporary Permit Granted” or “Temporary Permit Denied” on the application and date and sign such notation; and

c. If the Temporary Permit is denied, the Community Development Department shall attach a statement of reasons for the denial to the notice;

d. If a Temporary Permit is denied, the application for the Adult Business Performer Permit shall be deemed denied and the applicant shall be so notified in the same notice.

2. Within sixty (60) days of the receipt of a complete application, the Community Development Department shall approve or deny the application for an Adult Business Performer Permit pursuant to subsection C3 of this section:

3. An application for an Adult Business Performer Permit shall be approved unless one or more of the following criteria for denial applies to the applicant or the application, in which case the application shall be denied:

a. The applicant has made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application:

b. The applicant is under eighteen (18) years of age;

c. The Adult Business Performer’s Permit is to be used for performing in a business prohibited by Federal, State or local law.

d. The applicant has been convicted of, or pleaded nolo contendere to, a specified criminal act for which:

(1) Less than two (2) years have elapsed since the date of conviction, if the conviction is of a misdemeanor offense;

(2) Less than five (5) years have elapsed since the date of conviction, if the conviction is of a felony offense;

The fact that a conviction is being appealed at the time of the application shall have no effect on disqualification of the applicant.

4. An Adult Business Performer Permit shall not be issued unless the Permittee has paid the required performer permit fee and application fee. The performer permit fee shall be set by a resolution of the City Council. Whenever the City has no resolution in place governing the performer permit fee, the amount of said fee shall be the fee set forth in the City Council resolution or ordinance governing permit fees for Massage Technicians regulated by Chapter 4, Article 22 of this title.

D. Permit and Identification Card and Accessibility: Upon approval of an Adult Business Performer Permit application pursuant to this article, the Community Development Department shall issue the Performer Permit together with an identification card containing the name, address of the Adult Business, photograph and permit number of such performer. Each authorized Adult Business Performer shall have such card available at the Adult Business Premises for inspection at all times during which such person is on the Adult Business Premises.

E. Permit Nontransferable:

1. No Adult Business Performer Permit shall authorize the Permittee to perform at an Adult Business other than the Adult Business stated on the application for the permit.

2. No Adult Business Performer Permit issued pursuant to this article shall be transferable to any other person or for any other Adult Business Premises.

3. Subject to subsection 3-3-911F of this article, any attempt to transfer an Adult Business Performer Permit is hereby declared invalid and shall become void.

F. Expiration and Renewal: Each Adult Business Performer Permit shall expire upon the end of each fiscal year, and may be renewed only by filing a written request for renewal with the Community Development Department, accompanied by the annual permit and application fees, and a copy of the Permit to be renewed. The request for renewal shall be made at least sixty (60) days before the expiration date of the Permit. When applications for renewal are made less than sixty (60) days before the expiration date, the expiration of the Permit shall not be stayed. Applications for renewal shall be acted on in the same manner and using the same criteria and procedures as those provided herein for applications for Adult Business Performer Permits. [Added by Ord. No. 3558, eff. 10/28/00; Amended by Ord. No. 3828, eff. 8/24/12.]

3-3-909: ADULT BUSINESS RESPONSIBILITY FOR EMPLOYEES:

Every act or omission by an Adult Business Employee constituting a violation of the provisions of this article shall be deemed to be the act or omission of the Adult Business if such act or omission occurs either with the authorization, knowledge, or approval of the Adult Business, or as a result of the Adult Business’ negligent failure to supervise the Employee. The Adult Business shall be punishable for any such act or omission in the same manner as if the Adult Business committed the act or caused the omission. [Added by Ord. No. 3558, eff. 10/28/00.]

3-3-910: APPEALS OF APPLICATION AND RENEWAL DENIALS:

A. After denial of an application or renewal application for any Permit required by this Article, the Applicant or Permittee may seek review by way of an administrative hearing in accordance with the provisions of this section.

B. An Applicant or Permittee who has a right of appeal shall filed a Notice of Appeal with the City Clerk in the manner prescribed in Section 2-1-1504 of this code.

C. The appeal shall be heard by the Permit Appeals Panel established pursuant to Section 2-1-1501 of this code. The Permit Appeals Panel shall set the matter for hearing within twenty (20) days of the City Clerk’s receipt of the Notice of Appeal, unless the Applicant or Permittee consents in writing to an extension. At least ten (10) calendar days prior to such hearing, written notice thereof shall be mailed to the Applicant or Permittee by first class U.S. mail with a proof of service attached. The Community Development Department shall prepare a report and record in compliance with Section 2-1-1506 of this code.

D. The hearing of the Permit Appeals Panel shall be conducted in accordance with Section 2-1-1509 of this code.

E. The Permit Appeals Panel shall make a final determination supported by written findings, within ten (10) City business days after the hearing pursuant to this section. If necessary, the Permit Appeals Panel shall have a further meeting prior to the ten (10) day deadline to consider the written findings and adopt them as submitted or as modified by motion of the Panel. No later than two (2) City business days of the Permit Appeals Panel’s decision, notice of the decision and a copy thereof shall be mailed by first class mail, postage prepaid, to the appellant.

F. The decision of the Permit Appeals Panel shall be final and either party may seek judicial review. If the Permit Appeals Panel’s decision is adverse to the Applicant or Permittee, that party may seek judicial review of the Panel’s decision in accordance with California Code of Civil Procedure Section 1094.5 et seq., including Section 1094.8, or as otherwise permitted by law. The notice of the Permit Appeals Panel’s decision shall provide notice of the appellant’s right to judicial review pursuant to Code of Civil Procedure Section 1094.5 et seq., and that the time to seek such review is governed by Code of Civil Procedure Section 1094.6. [Added by Ord. No. 3558, eff. 10/28/00; Amended by Ord. No. 3828, eff. 8/24/12.]

3-3-911: SUSPENSION OR REVOCATION OF PERMITS:

A. Grounds for Suspension of Adult Business Permit: The City may suspend an Adult Business Permit for a period not to exceed thirty (30) days if it determines that:

1. A Permittee has violated or is not in compliance with any provision of this article or Title 10 pertaining to Adult Businesses; or

2. A Permittee has refused to allow an inspection of the Adult Business Premises as authorized by this article;

B. Grounds for Revocation of Adult Business Permit: The City may revoke an Adult Business Permit if it determines that:

1. Cause for suspension pursuant to this section arises and the Adult Business Permit has been suspended within the preceding twelve (12) months;

2. The Permittee gave false or misleading information in the material submitted during the application process;

3. The Permittee has operated the Adult Business during a period of time when the Permittee’s Adult Business Permit was suspended;

4. The Adult Business is delinquent in payment to the City, County, or State for any permits, licenses, taxes or fees past due;

5. The Permittee has attempted to transfer the Adult Business Permit in contravention of Subsection 3-3-907D of this article;

6. The Permittee has failed to abide by a legal order previously issued by an authorized City official;

7. One of the following acts has occurred on the Adult Business Premises either with the authorization, knowledge, or approval of the Adult Business, or as a result of the negligent failure of the Adult Business to supervise its Employees or monitor the Adult Business Premises:

a. The possession, use, or sale of controlled substances has occurred on the Adult Business Premises;

b. Except in the case of an Adult Hotel/Motel, any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act has occurred in or on the Adult Business Premises;

c. A felony or any Specified Criminal Act has occurred on the Adult Business Premises.

C. Grounds for Suspension of Adult Business Performer Permit: The City may suspend a Performer’s Permit for a period not to exceed thirty (30) days if it determines that the Performer has violated or is not in compliance with any section of this article.

D. Grounds for Revocation of Adult Business Performer Permit: The City may revoke a Performer’s Permit if it determines that:

1. The Permittee has violated or is not in compliance with this article and the Performer’s Permit has been suspended within the preceding twelve (12) months;

2. The Permittee has made any false, misleading or fraudulent statement of material fact in the application for the Performer Permit, or in any report or record required to be filed with the City;

3. The Permittee has committed a felony or a specified criminal act while on the Adult Business Premises;

4. The Permittee has engaged in sexual intercourse, sodomy, oral copulation or masturbation while on the premises of the Adult Business;

5. The Permittee has failed to abide by a legal order previously issued by an authorized City official.

E. Effect of Revocation of Permits; Issuance of New Permit: Except as otherwise provided herein, once an Adult Business Permit has been revoked, neither the Permittee nor any person with a ten (10) percent or more ownership interest in the Permittee shall be allowed to reapply for a Permit, and no person shall be entitled to apply for a Permit for the Adult Business Premises for which the Permit was revoked, for at least one (1) year from the date the revocation became effective. Except as otherwise provided herein, once an Adult Business Performer Permit has been revoked, no Permit shall issue for the Permittee for at least one (1) year from the date the revocation became effective.

F. Procedures for Suspension or Revocation of Permits:

1. If any city official, including without limitation the Chief of Police, the City Planner, or the Community Development Department, obtains evidence supporting a determination that cause for Permit suspension or revocation exists pursuant to this section, then the official shall file written charges and submit them to the Community Development Department.

2. Upon the receipt of the written charges, the Community Development Department shall set the matter for hearing before the Permit Appeals Panel (established pursuant to Section 2-1-1501 of this code) within twenty (20) days of the filing of the written charges.

3. The Community Development Department shall give notice to the Permittee to appear before the Permit Appeals Panel at the time and place set forth for such hearing to show cause why the Permit issued to such Permittee should not be revoked or suspended. Said notice shall state the grounds for complaint or reasons for the proposed revocation or suspension and shall be served upon the Permittee not less than ten (10) days prior to the date set for the hearing.

4. The Permit Appeals Panel shall hold a hearing at the time set therefor. Hearings shall be conducted in a manner consistent with Section 2-1-1509 of this code. The Community Development Department shall prepare and transmit a report and record in the manner required by Section 2-1-1506 of this code.

5. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness, provided, however, that the hearing may only be continued only with the written consent of the Permittee.

6. After holding a hearing to determine whether a suspension or revocation is warranted, the Permit Appeals Panel shall impose a suspension or revocation as required by this section if it determines there are sufficient grounds for a suspension or revocation. Where this section permits a suspension, but does not so require, the Permit Appeals Panel may grant a warning if it determines, in the exercise of sound and reasonable discretion, that a warning and appropriate corrective action are sufficient to protect the public health and safety. The Permit Appeals Panel may, in conjunction with the issuance of a warning or the suspension of a Permit, order the Permittee to take corrective action.

7. The Permit Appeals Panel shall render a written decision supported by findings. Notice of the Permit Appeals Panel’s decision shall be mailed by first class mail, postage prepaid, to the Permittee. The decision becomes effective three (3) business days after notice of the decision has been mailed. Any decision by the Permit Appeals Panel suspending or revoking a Permit issued pursuant to this article shall be final.

8. The City Manager, Chief of Police, Fire Chief, or Community Development Director may suspend any Permit without previous notice and pending a hearing when it appears to any such officer that the immediate suspension or revocation of any Permit is necessary to protect the public health or safety:

a. At the time of the suspension or revocation of the Permit, the Permittee shall be served with a written statement containing the reasons for such suspension or revocation and giving notice of the time and place for hearing thereon before the Permit Appeals Panel.

b. The hearing of the charges upon which the suspension or revocation was based shall otherwise comply with the provisions of this subsection and shall be held not later than forty-eight (48) hours after such suspension unless an extension of time therefor is requested in writing by the permittee in which event the hearing will be held not later than twenty (20) days after suspension or revocation.

9. In the event the decision of the Permit Appeals Panel, is adverse to the Permittee, the Permittee may seek judicial review of the Permit Appeals Panel’s decision in accordance with California Code of Civil Procedure Section 1094.5 et seq., or as otherwise permitted by law. The notice of the Permit Appeals Panel’s decision shall provide notice of the Permittee’s right to judicial review pursuant to Code of Civil Procedure Section 1094.5 et seq., and that the time to seek such review is governed by Code of Civil Procedure Section 1094.6. In the event the Permittee files an action pursuant to California Code of Civil Procedure 1094.5 et seq., the decision suspending or revoking the Permit shall automatically be stayed upon service of the complaint to the City Clerk. Nothing herein shall be construed as a limitation upon the City’s ability to seeking court action to enforce the terms of this article. [Added by Ord. No. 3558, eff. 10/28/00; Amended by Ord. No. 3828, eff. 8/24/12.]

3-3-912: TIME LIMIT FOR FILING APPLICATION FOR PERMIT:

Any Adult Business legally existing prior to the effective date of the ordinance enacting the Permit requirements of this article and any Performers of said Adult Businesses must apply for and obtain the requisite Permits within sixty (60) days of said effective date. The continued operation of an Adult Business, or the continued employment as an Adult Business Performer, after such time without a Permit shall constitute a violation of this article. [Added by Ord. No. 3558, eff. 10/28/00.]

3-3-913: REGULATIONS NONEXCLUSIVE:

The provisions of this article regulating Adult Businesses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Burbank; provided, however, that the provisions contained in Chapter 3, Articles 1 and 5 of this title shall be deemed superseded by these regulations in the event a business activity therein also meets the definitions contained in this article. [Amended by Ord. No. 3558, eff. 10/28/00; formerly numbered 5-906; 3531, 3529.]

3-3-914: VIOLATIONS; PENALTIES:

Any owner, operator, manager, employee or independent contractor of an Adult Business wilfully violating or permitting, counseling, or assisting the wilful violation of any of these provisions regulating Adult Businesses shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County jail for not more than six (6) months, or by both such fine and imprisonment. Any violation of these provisions shall constitute a separate offense for each and every day during which such violation is committed or continued. [Amended by Ord. No. 3558, eff. 10/28/00; formerly numbered 5-907; 3531, 3529.]

3-3-915: PUBLIC NUISANCE:

In addition to the penalties set forth in Section 3-3-914 of this article, any Adult Business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. [Amended by Ord. No. 3558, eff. 10/28/00; formerly numbered 5-908; 3531, 3529.]

3-3-916: SEVERABILITY:

If any section, subsection, paragraph, sentence, clause, or phrase of this article and the ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The City Council hereby declares that it would have adopted this article and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective. [Amended by Ord. No. 3558, eff. 10/28/00; formerly numbered 5-909; 3529.]

Code reference: See Chapter 6 of this title for general provisions on licenses and permits.

Gov.C. § 54950 et seq.

CHAPTER 3AMUSEMENTS1

3-3-101: ARCADE AND AMUSEMENT MACHINES:

3-3-102: REGULATION OF AMUSEMENT MACHINES:

3-3-103: BOXING AND WRESTLING:

3-3-104: CARNIVALS AND FAIRS:

3-3-105: CHILDREN’S AMUSEMENT PARK:

3-3-106: CHILDREN’S PONY RIDE:

3-3-107: CIRCUS:

3-3-108: SHOOTING GALLERY:

3-3-109: TENT SHOW:

3-3-110: THEATER:

3-3-111: ENTERTAINMENT IN GENERAL:

3-3-201: DEFINITIONS:

3-3-202: PERMIT REQUIRED:

3-3-203: PERSONS WHO MAY SECURE PERMIT:

3-3-204: APPLICATION FOR PERMIT:

3-3-205: INVESTIGATION; GRANTING OR REFUSAL:

3-3-206: CONSTRUCTION OR OPERATION OF RACE TRACK:

3-3-207: OPERATION OF VEHICLE:

3-3-301: BOWLING:

3-3-302: RIDING ACADEMY OR RIDING STABLES:

3-3-303: ICE AND ROLLERSKATING RINKS:

3-3-304: SECTION NUMBER RESERVED:

3-3-401: LICENSE FEE:

3-3-402: PERMIT REQUIRED:

3-3-403: APPLICATION FOR PERMIT:

3-3-404: GRANTING OR REFUSAL OF PERMIT:

3-3-405: REGULATION OF BILLIARD TABLES:

3-3-406: SCREENING OF TABLE PROHIBITED:

3-3-407: HOURS OF BUSINESS:

3-3-408: ENTERTAINMENT PROHIBITED:

3-3-409: MINORS PROHIBITED UNLESS ACCOMPANIED BY PARENT:

3-3-501: DEFINITIONS:

3-3-502: DANCES:

3-3-503: MINORS UNDER EIGHTEEN BARRED FROM PUBLIC OR CLUB DANCES; EXCEPTIONS:

3-3-504: DANCE HALLS:

3-3-505: DANCE HALLS; HOURS OF OPERATION:

3-3-506: DANCING PROHIBITED AT PLACES SERVING ALCOHOLIC BEVERAGES; EXCEPTION:

3-3-507: PLACES OF ENTERTAINMENT AND ACTS OF ENTERTAINMENT; PERMIT REQUIRED:

3-3-508: EXEMPTIONS:

3-3-509: APPLICATION FOR PERMIT; FEE:

3-3-510: INVESTIGATION:

3-3-511: GRANTING OR REFUSAL OF PERMIT:

3-3-512: ISSUANCE OF PERMIT:

3-3-513: LICENSE FEES FOR DANCING AND/OR ENTERTAINMENT:

3-3-514: PERMIT AUTHORIZES ONLY DRINKS SERVED BY PERMITTEE:

3-3-515: PERFORMERS TO REMAIN ON STAGE OR DANCE FLOOR; NOT TO ASSOCIATE WITH PATRONS:

3-3-516: IMPERSONATING PERSON OF OPPOSITE SEX:

3-3-517: BARRED INGRESS AND EGRESS:

3-3-518: VISIBILITY FROM STREET:

3-3-519: SOLICITATION OF DRINKS:

3-3-520: HOURS OF ENTERTAINMENT IN PLACES SERVING ALCOHOLIC BEVERAGES:

3-3-521: USE OF ESTABLISHMENT AS PRIVATE CLUB:

3-3-522: DISPLAY OF PERMIT:

3-3-523: RULES AND REGULATIONS FOR PUBLIC DANCES; POSTING:

3-3-524: VIOLATION OF RULES AND REGULATIONS A MISDEMEANOR:

3-3-525: REVOCATION AND SUSPENSION OF PERMIT:

3-3-526: PERMIT REQUIRED; LICENSE FEE:

3-3-527: PERSONS WHO MAY SECURE PERMIT:

3-3-528: APPLICATION FOR PERMIT:

3-3-529: INVESTIGATION; GRANTING OR REFUSAL; APPEAL:

3-3-530: LIGHTING OF HALL:

3-3-531: PARKING LOTS; LIGHTING AND SUPERVISION:

3-3-532: ATTENDANCE:

3-3-533: USE OF ALCOHOLIC BEVERAGES PROHIBITED:

3-3-534: CONDUCT; DRESS OF PARTICIPANTS:

3-3-535: TIME LIMIT FOR DANCES:

3-3-536: PARTICIPATION OF ADULTS PROHIBITED:

3-3-537: LOITERING:

3-3-538: RESIDENCY OF SPONSORS:

3-3-539: POLICE INSPECTION:

3-3-540: VIOLATIONS; PENALTY:

3-3-541: APPLICATION FOR PERMIT AND LICENSE:

3-3-542: PROCESSING THE APPLICATION:

3-3-543: CONDITIONS OF APPROVAL:

3-3-544: DISPLAY OF PERMIT:

3-3-545: POSTING OF CONDITIONS:

3-3-546: REVOCATION AND SUSPENSION OF PERMIT:

3-3-601: DEFINITIONS:

3-3-602: ENTRY ON GOLF COURSE:

CHAPTER 3
AMUSEMENTS¹