Chapter 5.5
ENTERTAINMENT ESTABLISHMENTS
Sections:
5.5.03 Entertainment permit required.
5.5.05 Conditions applicable to entertainment establishments.
5.5.06 Conditions on entertainment permits.
5.5.07 Permit application and fees: Term of permit: Renewal.
5.5.08 Permit issuance or denial.
5.5.09 Appeal of permit issuance or denial.
5.5.10 Revocation or suspension of permit.
5.5.11 Immediate suspension of permit.
5.5.12 Imposition of additional permit conditions.
5.5.13 Inspection by officials: Records.
5.5.15 Applicability: Time to obtain a permit.
5.5.01 Purpose and intent.
The City Council of the City of Clovis encourages the development of arts and culture in Clovis, and recognizes that many entertainment venues provide a means for such development. The City Council further recognizes that a variety of entertainment venues in the City provide a rich and diverse cultural experience for City residents and visitors. The City Council also recognizes that many nonalcoholic entertainment venues provide a safe place for families and young adults to gather.
The City Council finds that the operations of entertainment establishments present an environment with the demonstrated potential for excessive noise generation and disorderly conduct by patrons, particularly after 12:00 a.m. and at closing times, with the attendant adverse public safety impact on the surrounding business and residential community.
The City Council has received several presentations documenting problems associated with entertainment establishments in Old Town Clovis, which presentations are a matter of public record. The evidence presented to the Council includes a steady increase in calls for service to deal with vandalism, public intoxication and fights, assaults with deadly weapons, urinating and vomiting in public, and trash and litter. The evidence also provides a direct link between a large number of DUI arrests and patrons leaving entertainment establishments that serve alcohol. The Clovis Police Department has documented a substantial drain on police services and substantial cost to address these problems. The substantial police resources devoted to addressing these problems severely limits policing opportunities to the remainder of the City.
Therefore, it is the purpose of this chapter to regulate the operations of entertainment establishments, as defined herein, for the public health, safety, and welfare. Permits will be required with standard conditions of approval that will require permittees to be responsible for controlling patron conduct in and around the establishments, making adequate provisions for security and crowd control, protecting the City’s youth from criminal activity, and minimizing disturbances as a result of operation of the entertainment. In addition, the City Council finds that the Chief of Police should have authority to impose additional conditions narrowly tailored to the particular establishment that will allow the business or event to flourish while meeting the City’s public safety needs and avoiding unnecessary conditions on existing businesses or organizations with a history of compliance with City and State laws. (§ 1, Ord. 08-08, eff. May 14, 2008)
5.5.02 Definitions.
For purposes of this chapter:
“ABC license” means the license issued by the California Department of Alcoholic Beverage Control.
“Admission charge” means any charge for the right or privilege to enter any place of entertainment, including a minimum service charge, an event charge, a cover charge, a charge for the use of seats and tables, or any other similar charge. It also includes the purchase or presentation of a ticket or token directly or indirectly required as a condition for entrance. It does not include tips, gratuities, voluntary donations, or suggested donations for employees or for any person providing entertainment.
“Chief of Police” means the Chief of Police of the City of Clovis or his or her designee.
“Dance” and “dancing” mean movement of the human body, accompanied by music or rhythm.
“Entertainment” or “entertainment establishment” or “establishment” means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen, or participate, or is conducted for the purpose of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons, including:
(a) Presentations by single or multiple performers, such as hypnotists, pantomimes, comedians, musical songs, dance acts, plays, concerts, demonstrations of talent, shows, reviews, contests, and similar activities which may be attended by members of the public.
(b) Billiards, table tennis, darts, video games, arcade games, laser tag and similar games which may be participated in by members of the public, in conjunction with the sale or consumption of alcohol at any time between the hours of 10:00 p.m. and 6:00 a.m. Note: An establishment having an entertainment permit that allows for the use of billiards will not need a separate billiard room permit pursuant to the requirements of Chapter 3 of Title 5.
(c) Exhibitions, carnivals, rodeos, circus acts and similar activities which may be attended by members of the public.
(d) Dancing to live or recorded music.
(e) The presentation of recorded music played on equipment which is operated by an agent or contractor of the establishment, commonly known as a “DJ” or “disc jockey.”
(f) The use of a karaoke machine or similar device where members of the public are invited to sing the lyrics to music.
(g) The use of music or video, including radio, music recording machine, jukebox, television, and video programs provided by an establishment, in conjunction with the sale or consumption of alcohol, at any time between the hours of 12:00 a.m. and 6:00 a.m., except for ambient or incidental music or video provided for the guests by radio, television, or recording machine. If there is an admission charge required to observe such entertainment, it will not be considered incidental.
(h) All Type 48 ABC-licensed establishments (bars and nightclubs that sell beer, wine, and distilled spirits).
(i) All Type 47/49 ABC-licensed establishments (restaurants that sell beer, wine, and distilled spirits) open at any time between the hours of 12:00 a.m. and 6:00 a.m. and not operating as a full-service restaurant during that time period. “Operating as a full-service restaurant” shall mean having sit-down service with a full menu, orders taken and served by a hostess, meals prepared on site, and with actual and substantial sales of meals occurring. The revenue from meals must exceed the revenue from the sale of alcohol. This definition is supplemental to the definition of “bona fide eating place” set forth in the ABC 47 license requirements. Where the Chief of Police reasonably believes, based upon specific and articulable facts, that the revenue from the sale of alcohol exceeds the revenue from the sale of meals, it shall be presumed that the restaurant is not a full-service restaurant and the burden shall be on the restaurant owner to prove that the revenue from meals exceeds the revenue from the sale of alcohol. The restaurant owner shall make relevant sales records available for City inspection.
(j) Any business that sells or serves alcohol, or allows the consumption of alcohol, between the hours of 12:00 a.m. and 6:00 a.m., regardless of whether the business is an ABC-licensed establishment.
“Owner” means the owner of the entertainment establishment.
“Permit” or “entertainment permit” means the permit required by this chapter.
“Person” means any individual or entity.
“Property” or “premises” means the interior and exterior portion of the entertainment establishment and includes the entire building and parcel in which the entertainment establishment is located.
“Responsible person” means the owner of an entertainment establishment, the on-site manager of an entertainment establishment, and the on-duty person designated on the entertainment permit as the responsible person.
“Theater” means any commercial establishment where regular theatrical performances, such as performances of literary compositions that tell a story, are given, usually on a stage, and usually with ascending row seating or some arrangement of permanent seating. (§ 1, Ord. 08-08, eff. May 14, 2008; § 1, Ord. 17-12, eff. August 9, 2017)
5.5.03 Entertainment permit required.
It is unlawful for any person to provide or permit any entertainment without an entertainment permit from the Chief of Police issued pursuant to this chapter. Entertainment permits may be issued as either annual permits or single-event permits. If a particular event is not part of a regularly scheduled event approved with the permit, an additional single-event permit shall be obtained. No person shall acquire a vested right or property interest from the issuance of a permit, and permits shall at all times be subject to the provisions of this chapter. (§ 1, Ord. 08-08, eff. May 14, 2008)
5.5.04 Exceptions.
The following types of entertainment and events are exempt from the provisions of this chapter and from the entertainment permit requirement. This exemption does not relieve any of the establishments from complying with all applicable laws.
(a) Entertainment sponsored by any agency of the City of Clovis, the County of Fresno, the various boards of education, or of any other political subdivision of the State of California, or any nonprofit organization, such as Girl Scouts, Boy Scouts, Little League, or Boys and Girls Club, whose primary objective is the sponsoring and control of youth activities and child welfare. If the event is a dance, the following requirements must be met:
(1) No person eighteen (18) years of age or older may be admitted as a guest, unless such person is a bona fide student at, or member of, the sponsoring agency or organization;
(2) No alcoholic beverages may be served, consumed, or permitted on the premises;
(3) Chaperones from the sponsoring agency are present on the premises at the rate of two (2) adults, who are at least twenty-five (25) years of age or older, for every one hundred (100) guests; and
(4) The event must finish by 12:00 a.m. and the premises and the adjoining parking lots must be promptly vacated by all guests.
(b) Entertainment provided as part of an Old Town special event, provided a permit is obtained in accordance with the provisions of Chapter 20 of Title 5 and provided the Chief of Police has had input in determining conditions on the permit related to the entertainment.
(c) Entertainment provided for members and their guests at a private club having an established membership when admission is not open to the public. For purposes of this section, “private club” means corporations or associations operated solely for objects of national, social, fraternal, patriotic, political, or athletic nature, membership in which is by application and for which regular dues are charged, the advantages of which club belong to members, and the operation of which is not primarily for monetary gain.
(d) Entertainment provided for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge.
(e) Entertainment conducted by or sponsored by any bona fide club, organization, society or association which is exempt from taxation pursuant to Internal Revenue Code Section 501(c)(3), when all proceeds, if any, arising from such entertainment are used exclusively for the benevolent purposes of such club, society or association.
(f) Performances by the students at educational institutions, as defined by the Education Code, where such performances are part of an educational or instructional curriculum or program.
(g) Theaters, except where alcohol is sold, served or consumed between the hours of 10:00 p.m. and 6:00 a.m.
(h) Motion picture theaters not providing live entertainment, except where alcohol is sold, served or consumed between the hours of 10:00 p.m. and 6:00 a.m.
(i) Dance lessons, theatrical and performing arts lessons, except where alcohol is sold, served or consumed between the hours of 10:00 p.m. and 6:00 a.m.
(j) Book readings, book signings, poetry recitations, and any other similar entertainment consisting of the spoken word, including plays, except where alcohol is sold, served or consumed between the hours of 10:00 p.m. and 6:00 a.m.
(k) Fundraisers for a political cause.
(l) Entertainment consisting solely of ambient or incidental music, provided for the guests by musicians such as a piano player, harpist, strolling violinist, mariachi band, or guitarist. If there is an admission charge required to observe such entertainment, it will not be considered incidental.
(m) Any establishment, venue or assemblage of forty-nine (49) persons or less, as described in the maximum occupancy load; provided, that all the following conditions exist:
(1) There is no admission charge;
(2) The premises is not licensed and used for the sale of alcoholic beverages, such as a bar or restaurant which has an ABC license and serves alcoholic beverages;
(3) Customer dancing is not allowed; and
(4) The entertainment ceases between the hours of 12:00 a.m. and 6:00 a.m.
(n) For any of the following police-regulated businesses and occupations:
(1) Adult businesses regulated under Chapter 19 of Title 5.
(2) Card rooms regulated under Chapter 6 of Title 5.
(3) Bingo regulated under Chapter 15 of Title 5. (§ 1, Ord. 08-08, eff. May 14, 2008; § 1, Ord. 17-12, eff. August 9, 2017)
5.5.05 Conditions applicable to entertainment establishments.
The following conditions shall be applicable to all entertainment establishments:
(a) Hours of operation. All entertainment establishments shall be closed and all patrons shall vacate the premises between 2:00 a.m. and 6:00 a.m. The Chief of Police may require additional hours of closure as a condition on the permit in accordance with Section 5.5.06 where the Chief of Police determines that additional hours of closure are necessary to avoid a nuisance or for public health, safety, and welfare reasons. It is unlawful for any responsible person to fail to abide by the hours of closure.
(b) Disturbing the peace: Disorderly conduct. The responsible person(s) shall make reasonable efforts to prevent the admission of any person whose conduct is described in Penal Code Section 415 (fighting, loud noise, offensive words in public places) or 647 (disorderly conduct) at the premises or on any parking lot or similar facility used by the establishment. The responsible person(s) shall make reasonable efforts to remove persons exhibiting such conduct from the establishment. The Chief of Police may impose conditions on the permit in accordance with Section 5.5.06 to ensure that this condition is being satisfied. A failure to comply with those permit conditions shall be considered a violation of this condition.
(c) Loitering. The responsible person(s) shall make reasonable efforts to deter loitering on the premises or on any parking lot or similar facility used by the establishment. The Chief of Police may impose conditions on the permit in accordance with Section 5.5.06 to ensure that this condition is being satisfied. A failure to comply with those permit conditions shall be considered a violation of this condition.
(d) Reasonable passageway required. It is unlawful for any responsible person to fail to provide a reasonable passageway through any part of a room used by patrons and entertainers for their ingress and egress. The Chief of Police may impose conditions on the permit in accordance with Section 5.5.06 to ensure that this condition is being satisfied. A failure to comply with those permit conditions shall be considered a violation of this condition.
(e) Noise and vibration. The responsible person(s) shall observe all laws applicable to noise and vibration, including any noise and vibration abatement conditions imposed in connection with any development or use permits for the property. The Chief of Police may impose additional noise and vibration abatement conditions in accordance with Section 5.5.06 to prevent the entertainment establishment from becoming a nuisance to surrounding businesses and residences or from damaging adjacent properties.
(f) Disorderly conduct within one hundred feet (100′) prohibited. The responsible person(s) shall control the conduct of patrons so as to prevent or minimize disorderly or unlawful conduct upon the establishment and within a one hundred foot (100′) line-of-sight of the establishment. The one hundred foot (100′) line-of-sight distance shall be measured from the property line of the licensed establishment.
(g) Orderly dispersal required. The responsible person(s) shall cause the orderly dispersal of individuals from the vicinity of the establishment at closing time, and shall be responsible for clearing patrons lingering up to one hundred feet (100′) of the establishment. The one hundred foot (100′) distance shall be measured in a straight line from the property line of the licensed establishment.
(h) Alcoholic beverages on premises.
(1) It is unlawful for any person to bring an alcoholic beverage onto the premises unless such action is allowed by the permittee’s ABC license.
(2) It is unlawful for any responsible person to allow any person to bring an alcoholic beverage onto the premises unless such action is allowed by the permittee’s ABC license.
(i) Chief of Police authority to close down operations.
(1) Whenever conduct by disorderly patrons reaches a magnitude that presents an immediate threat to public safety and well-being of the patrons and general public in the vicinity, the Chief of Police may require a permittee or responsible person to close down operations and disperse all patrons for the remainder of its daily operation. The management of the establishment shall cooperate with law enforcement efforts to close down operation of the business.
(2) It is unlawful for any person to fail to comply with or interfere with any such directive issued by the Chief of Police.
(j) Owner, manager, responsible person designation. The owner of an entertainment establishment shall designate a responsible person or persons for the operation of the establishment. The owner, on-site manager of an entertainment establishment, or designated responsible person shall at all times be on duty at the location of the entertainment establishment whenever the establishment is open for business and until all patrons have cleared the premises. The owner, on-site manager, and designated responsible person shall be identified in the entertainment permit, together with emergency phone numbers of all listed individuals. The Chief of Police shall be notified of any changes at least seventy-two (72) hours before implementation of the change.
(k) Trash and debris. The premises of the entertainment establishment and any parking lot or similar facility used by the establishment shall be kept free of litter and debris. The responsible person(s) shall cause the front and the rear exterior of the establishment to be thoroughly cleaned at the end of the business day on any day when entertainment is provided. This cleaning will consist of, at a minimum, sweeping and washing the sidewalk areas immediately in front of as well as to the rear of the business, as well as the removal of miscellaneous trash, cigarette butts, glass, refuse, and any bodily fluids within one hundred feet (100′) of the establishment. The one hundred foot (100′) distance shall be measured in a straight line from the property line of the licensed establishment.
(l) Visibility. All responsible persons shall ensure that the entertainment establishment complies with all City codes and any applicable permit conditions governing window coverage and obstruction.
(m) Property maintenance. The responsible person(s) shall ensure that the premises are maintained in accordance with applicable City codes and standards. Graffiti shall be removed or painted over within forty-eight (48) hours.
(n) Business license requirements. The owner of an entertainment establishment shall at all times maintain a valid business license and pay applicable business license fees.
(o) Compliance with laws and conditions of approval. The owner, permittee, and all other responsible persons shall comply with, and ensure that their employees comply with, all applicable local, State, and Federal laws, and all applicable conditions of approval relating to the property and entertainment establishment, including any conditional use permit, ABC license, or similar permit or license.
(p) Independent promoters. The owner and responsible person(s) shall at all times maintain control and responsibility over the entertainment. Independent promoters, production companies, or other persons shall not be used except when one of the following circumstances exists:
(1) The permittee and independent promoter are not engaged in profit sharing. Monies collected as an admission charge shall be the sole profit of the permittee; or
(2) The independent promoter obtains a separate entertainment permit and business license to be able to operate at the entertainment establishment.
(q) Occupancy and attendance restrictions. The occupancy and attendance of an entertainment establishment shall be restricted to the maximum occupancy limits permissible under State or City fire and building laws and regulations which apply to the use and premises. The Chief of Police, in consultation with City fire, building, and health officials, may specify lower occupancy limits in accordance with Section 5.5.06 where the Chief of Police determines that lower occupancy limits are necessary to avoid a nuisance or for public health, safety, and welfare reasons.
(r) Stripteases. An entertainment establishment that does not meet the definition of an adult business under Chapter 5.19 of Title 5 of the Municipal Code, but occasionally provides or allows entertainment that depicts specified sexual activities or specified anatomical areas, shall, whenever such entertainment is being provided or allowed, comply with the provisions of Section 5.19.27, subsections (h), (j), (o), and (p) of the Municipal Code. The word “adult business” in those sections shall be deemed to mean “entertainment establishment.” These provisions shall apply whether the entertainment is provided by hired performers or patrons of the establishment. (§ 1, Ord. 08-08, eff. May 14, 2008)
5.5.06 Conditions on entertainment permits.
(a) The Chief of Police may impose conditions relating to the operation of the entertainment on the entertainment permit. Conditions may relate to:
(1) The days, hours, and location of operation;
(2) Restrictions designed to prevent minors from obtaining alcohol;
(3) The age of persons allowed on the premises;
(4) Whether security guards are required and, if so, what licensing and/or training requirements they must have, how many are required, and other conditions to ensure the effectiveness of the security guards;
(5) Exterior and interior lighting requirements;
(6) Video surveillance and monitoring requirements;
(7) Entry and exit requirements;
(8) Training requirements for owners, managers, responsible persons, and employees of ABC-licensed establishments;
(9) Coordinated release of patrons at closing time with other nearby entertainment establishments;
(10) Conditions based upon the type of ABC license;
(11) Crime prevention measures;
(12) Additional occupancy restrictions; and
(13) Other similar conditions relating to the public health, safety and welfare.
(b) Conditions shall be based on specific and articulable facts reasonably related to preventing public nuisances and ensuring public safety. (§ 1, Ord. 08-08, eff. May 14, 2008)
5.5.07 Permit application and fees: Term of permit: Renewal.
(a) Application and fees. Written application for an entertainment permit shall be filed with the Chief of Police and shall be accompanied by a fee as approved by the City Council. Separate fees shall be established for annual permits and single-event permits. Applicants are strongly encouraged to apply for annual permits more than sixty (60) days before the first scheduled event, and for single-event permits more than fifteen (15) days, in case the application is incomplete or additional information is needed.
The following information shall be provided in the application concerning the applicant, if an individual; concerning each stockholder, each officer and each director, if the applicant is a closely held corporation; concerning each partner, including limited partners, if the applicant is a partnership; concerning the operator of the establishment; and concerning principals of the business that exercise control over operation of the business not identified above.
The Chief of Police may waive any of these requirements if that information has previously been provided in connection with an earlier application or different permit application, or if the Chief of Police determines that the information is not necessary to process the permit. Single-event permits will generally require less information.
The application shall clearly designate whether it is a new application or a renewal application, and shall designate whether it is an application for an annual permit or a single-event permit.
(1) Identifying information. Name, present residential and business addresses, telephone numbers, birth date and California driver’s license or identification card number of the applicant.
(2) Prior residential addresses. All residential addresses and dates of residence for five (5) years preceding the date of the application.
(3) Evidence that applicant is over eighteen (18). Satisfactory proof that the applicant is over the age of eighteen (18) years. Satisfactory proof may consist of a California driver’s license, California identification card, or a United States passport.
(4) Address and name of business. The address where the applicant proposes to operate the entertainment establishment and the name under which the business will be operated.
(5) Prior business and employment history. Business, occupation or employment history of the applicant for the five (5) years immediately preceding the date of the application.
(6) Other entertainment establishments. The business name, street address, and city of any and all businesses where the applicant currently owns or operates an entertainment establishment or owned or operated an entertainment establishment within twenty-four (24) months preceding the date of the application.
(7) Evidence of other approvals, permits and licenses. Evidence of applicable land use approvals, building permits and licenses as required by the City of Clovis.
(8) Arrests and convictions. A listing and explanation of any arrests or convictions for any felonies or non-traffic-related misdemeanors.
(9) Fingerprints. Fingerprints of the applicant.
(10) Photograph. Submit to a photograph taken by the Police Department.
(11) Prior abatement of a business. Statement indicating whether the applicant has ever had an ownership interest in, operated or been employed by any business which has been the subject of an abatement proceeding under the California Red Light Abatement Act (California Penal Code Sections 11225 through 11235) or any similar abatement laws, whether in California or other jurisdictions.
(12) Premises ownership and lease information. A statement on whether the applicant owns, leases, or rents the premises where the establishment will be located. If the applicant leases or rents the premises, the applicant shall provide the name, address, and telephone number of the owner of the premises and the length of any lease.
(13) Business and operation plan. A business and operation plan describing in detail the types of entertainment to be offered, the days and hours the entertainment is to be provided, crowd control and security measures to be provided, provisions to keep minors away when alcohol is being served, lighting and sound/vibration attenuation measures, and other pertinent information. The business and operation plan shall be accompanied by a site plan to scale showing the layout of the business, where the entertainment will be provided, lighting for the business, sound and vibration attenuation measures, the placement of security measures, and other pertinent information.
(14) Manager and responsible person designations. All proposed on-site managers and other responsible person(s), at least one of which will be on duty at the location of the entertainment establishment at all times the entertainment establishment is open for business and until all patrons have cleared the premises.
(15) Other information. Any other information relevant to processing the application as required by the Chief of Police.
(b) Fire and life safety inspection. The application for an entertainment permit shall be accompanied by a current fire and life safety inspection record from the Clovis Fire Department that shows the building meets all fire and life safety requirements for the proposed entertainment. The inspection record is a condition precedent to issuance of an entertainment permit and the permit will not be issued without the inspection record.
(c) Term and renewal. Except for single-event permits, permits shall be issued on a calendar year basis as follows:
(1) Initial permits. First-year permits issued after October 1st shall be valid until December 31st of the succeeding year and automatically expire at that time unless sooner suspended or revoked. First-year permits issued prior to October 1st shall be valid until December 31st of that year and automatically expire at that time unless sooner suspended or revoked.
(2) Annual renewal. Permits may be renewed prior to expiration by submitting an application for renewal to the Chief of Police prior to November 1st, accompanied by a renewal fee as approved by the City Council. Applicants for renewal of a first-year permit issued for a period of less than twelve (12) months shall receive pro rata credit towards the renewal fee. The application for renewal shall contain the same information required by subsection (a) of this section, updated to reflect changes in the preceding year. (§ 1, Ord. 08-08, eff. May 14, 2008)
5.5.08 Permit issuance or denial.
(a) Action by the Chief of Police on permit application. The Chief of Police shall either issue or deny an annual entertainment permit within sixty (60) calendar days following receipt of a completed application. The Chief of Police shall either issue or deny a single-event entertainment permit within fifteen (15) calendar days following receipt of a completed application.
(b) Grounds for denial of a permit. The Chief of Police may deny the entertainment permit on any of the following grounds:
(1) The Chief of Police determines that the provisions of this chapter or the proposed permit conditions will not be met;
(2) The conducting of the proposed entertainment will create a public nuisance or otherwise be injurious to the public health, safety, or welfare of the community;
(3) The operation of the entertainment establishment, as proposed by the applicant, would not comply with all applicable laws including City ordinances and regulations;
(4) There would be an overconcentration of entertainment establishments in the vicinity of the proposed location for the business. The Chief of Police shall develop guidelines for determining when an overconcentration of entertainment uses will exist, including guidelines relating to the types and number of entertainment uses, and specifying the problems associated with the overconcentration of such uses;
(5) The applicant knowingly made a material omission or misstatement of fact in the permit application.
The Chief of Police shall identify specific and articulable facts for the denial of a permit.
(c) Notice and issuance or denial of permit. Upon approval or denial of a permit, the Chief of Police shall prepare and forward to the applicant written notice that the permit has been granted, or denied, along with a statement of any conditions of approval attached thereto. The written notice shall be hand-delivered or sent by certified mail to the applicant. The notice shall provide information regarding the appeal process.
(d) Content of permit. The permit shall specify the name and address of the business location, the full legal name of the permittee, the names of all on-site managers and responsible persons, and the above individuals’ contact information. The conditions of approval shall also be listed on the permit.
(e) Permits nontransferable: Location specific. An entertainment permit granted under this chapter shall not be transferable and shall be valid only at the location specified in the permit. Any attempt to transfer or change the location shall render the permit invalid and no further entertainment may be conducted under such permit. Any proposed change in the permittee or location shall require a new application and a new permit. (§ 1, Ord. 08-08, eff. May 14, 2008)
5.5.09 Appeal of permit issuance or denial.
(a) Appeal period. An applicant dissatisfied with the denial or conditions of approval of an entertainment permit may file an appeal with the City Clerk. The appeal must be filed within fifteen (15) calendar days following delivery of written notice from the Chief of Police that the permit was approved or denied. Delivery shall be the date the notice is mailed or hand-delivered. The appeal shall be accompanied by the payment of an appeal fee as approved by the City Council.
(b) Procedures for conduct of appeal. The City Clerk shall schedule a public hearing for the appeal. Except for appeals contesting conditions relating to hours and days of operation and occupancy requirements, appeals shall be considered by a hearing officer appointed by the City Manager. The procedures set forth in Chapter 28 of Title 5 shall apply to the conduct of the appeal. For appeals contesting conditions relating to hours and days of operation and occupancy requirements, the entire appeal shall be considered by the City Council. Notice of such hearing shall be mailed to the appellant at least ten (10) days prior to the hearing unless waived by the appellant. Notice of such hearing on an appeal of an entertainment permit shall also be mailed to the property owner.
(c) Decision after hearing. The hearing officer or City Council may approve, conditionally approve, or deny the permit application based upon grounds set forth in Section 5.5.08. The decision of the hearing officer or City Council shall be final, except that decisions by a hearing officer imposing conditions relating to hours and days of operation and occupancy requirements may be further appealed to the City Council. Such further appeal shall be held in accordance with the procedures set forth in this section. (§ 1, Ord. 08-08, eff. May 14, 2008; § 9, Ord. 14-02, eff. March 5, 2014)
5.5.10 Revocation or suspension of permit.
(a) Revocation or suspension for cause: Notice of revocation or suspension. The Chief of Police may revoke, or suspend for a period of up to thirty (30) days, an entertainment permit for good cause. Before the Chief of Police revokes or suspends a permit, the Chief of Police shall provide written notice of the revocation or suspension by personal delivery or certified mail. The notice shall provide for revocation or suspension of the permit fifteen (15) calendar days after service of the notice (the date of mailing or personal service) unless the permittee requests an appeal hearing. The notice shall instruct the permittee on how to file an appeal.
(b) Appeal. Within fifteen (15) calendar days of service of the revocation or suspension notice, the permittee may file an appeal of the revocation or suspension and request a hearing be held in accordance with Section 5.5.09, except that the hearing shall be held before the City Council. If an appeal is filed, the City Council shall conduct a de novo hearing on the appeal of any permit revocation or suspension and may approve, conditionally approve, modify, or deny the revocation or suspension based upon the grounds set forth herein. In no event shall the City Council modify or remove pre-existing conditions of approval. The decision of the City Council shall be final.
(c) Stay of revocation or suspension pending appeal. If an appeal is filed, the revocation or suspension decision of the Chief of Police shall be stayed pending a decision by the City Council.
(d) Effect of no appeal: Final decision. If after the passage of fifteen (15) calendar days from service of the revocation or suspension notice the permittee has not requested an appeal, the revocation or suspension decision of the Chief of Police shall become final.
(e) Grounds for revocation or suspension. A permit may be revoked or suspended for good cause on the basis of any of the following:
(1) The permittee, on-site manager, or other responsible person has violated, or permitted any other person under his/her control or supervision to violate, any provision of this chapter, the conditions of approval, or any other local, State, or Federal law in connection with providing the entertainment or operation of the entertainment establishment or underlying business; or
(2) Due to fraud in connection with submittal of the application or changed circumstances, one of the grounds for the denial of a permit exists. (§ 1, Ord. 08-08, eff. May 14, 2008)
5.5.11 Immediate suspension of permit.
(a) Immediate suspension. The Chief of Police may immediately suspend an entertainment permit if there is reasonable cause to believe that the permittee, on-site manager, or other responsible person is operating or managing the establishment, or providing services, in a manner which poses an immediate danger to the health or safety of employees, patrons, or the public.
(b) Notice of immediate suspension. If the Chief of Police immediately suspends a permit, the Chief of Police shall provide written notice to the permittee by personal notice or certified mail. The notice shall contain a statement that the permit is immediately suspended and such suspension shall remain in effect during the period of time that an appeal may be filed or an appeal is under consideration. The notice shall provide information on the appeal process and explain that the immediate suspension may lead to a permanent revocation.
(c) Appeal. Within fifteen (15) calendar days of service of the immediate suspension (the date of mailing or personal service), the permittee may file an appeal of the suspension and request a hearing in accordance with Section 5.5.09, except that the hearing shall be held before the City Council. If an appeal is filed, the City Council shall conduct a de novo hearing on the appeal of any permit suspension and may permanently revoke the permit, reinstate the permit, conditionally reinstate the permit, or modify the suspension, based upon findings related to circumstances described in Sections 5.5.10 and this section. In no event shall the City Council modify or remove pre-existing conditions of approval. The decision of the City Council shall be final.
(d) Effect of no appeal: Final decision. If after the passage of fifteen (15) calendar days from service of the suspension notice the permittee has not filed an appeal, the decision of the Chief of Police to suspend the permit shall become final and the permit shall be permanently revoked. (§ 1, Ord. 08-08, eff. May 14, 2008)
5.5.12 Imposition of additional permit conditions.
(a) Imposition of additional permit conditions. If grounds exist for revocation or suspension of a permit, the Chief of Police may, in lieu of such revocation or suspension, impose additional conditions of approval to alleviate the circumstances leading to the grounds for revocation or suspension. The Chief of Police may also impose additional conditions of approval at the time of permit renewal. The additional conditions shall be based on specific and articulable facts reasonably related to preventing a public nuisance or ensuring public safety.
(b) Notice of additional conditions. If the Chief of Police imposes additional conditions of approval, the Chief of Police shall provide written notice to the permittee by personal notice or certified mail. The notice shall include a statement of the additional conditions and provide information on the appeal process. The additional conditions shall become effective fifteen (15) calendar days after service of the notice (the date of mailing or personal service).
(c) Appeal. Within fifteen (15) calendar days of service of the additional conditions, the permittee may file an appeal of the additional conditions and request a hearing in accordance with Section 5.5.09. If an appeal is filed, the hearing officer, hearing panel, or City Council shall conduct a de novo hearing on the appeal of the additional conditions and may approve, conditionally approve, or deny the additional conditions. The hearing officer, hearing panel, or City Council may only act on the additional conditions. In no event shall the hearing officer, hearing panel, or City Council modify or remove pre-existing conditions of approval. The decision of the hearing officer, hearing panel, or City Council shall be final.
(d) Stay of additional conditions pending appeal. If an appeal is filed, the additional conditions imposed by the Chief of Police shall be stayed pending a decision by the hearing officer, hearing panel, or City Council.
(e) Effect of no appeal: Final decision. If after the passage of fifteen (15) calendar days from service of the notice of additional conditions the permittee has not filed an appeal, the decision of the Chief of Police to impose additional conditions shall become final and the permit shall reflect the additional conditions. (§ 1, Ord. 08-08, eff. May 14, 2008)
5.5.13 Inspection by officials: Records.
As a condition of the issuance of an entertainment permit, any and all investigating officials of the City of Clovis, the County of Fresno, and the State of California shall have the right to enter entertainment establishments during regular business hours to conduct reasonable inspections to observe and enforce compliance with the provisions of this chapter, as well as any other applicable requirements, including, but not limited to, building, fire, planning and health requirements. Permittees shall also make available for inspection during regular business hours those records necessary to verify compliance with the provisions of this chapter. (§ 1, Ord. 08-08, eff. May 14, 2008)
5.5.14 Violations.
In addition to the revocation, suspension, and modification of conditions provisions under this chapter, the following provisions shall apply when violations of this chapter or permit conditions occur.
(a) Criminal proceedings. Any person, including any permittee, on-site manager, or other responsible person, who violates a provision of this chapter or entertainment permit conditions shall be guilty of a misdemeanor unless the City Attorney elects to prosecute the violation as an infraction.
(b) Civil penalties. Any person, including any permittee, on-site manager, or other responsible person, who violates a provision of this chapter or entertainment permit conditions shall be subject to a civil penalty in the amount of one hundred dollars ($100.00) for the first violation in any twelve (12) month period, five hundred dollars ($500.00) for the second violation in any twelve (12) month period, and one thousand dollars ($1,000.00) for every subsequent violation in any twelve (12) month period. Multiple violations occurring on the same day and at the same time (same call out) shall be considered one violation and subject to one penalty. Every time the City responds to a violation or series of violations, whether on the same day at a different time or on different days, is a separate violation subject to an additional penalty. No prior notice is required before imposition of this penalty. Civil penalties shall be subject to substantially the same notice, appeal and collection procedures set forth in the City’s Administrative Citation Ordinance, Chapter 1.7 of Title 1 of the Municipal Code. Use of an administrative citation form is not required. The issuance of a civil penalty to the on-site manager or other responsible person shall in no way absolve the owner or permittee of responsibility.
(c) Injunction and abatement. The City of Clovis may commence a civil action to enjoin the continued violation of any provision of this chapter or to abate a nuisance, as an alternative to or in conjunction with any other civil or criminal proceeding.
(d) Other remedies. The City may pursue any other available remedy under Federal, State, County, or City law. (§ 1, Ord. 08-08, eff. May 14, 2008)
5.5.15 Applicability: Time to obtain a permit.
It is the intent of the Council that this chapter apply to all existing and new entertainment establishments.
Existing entertainment establishments without a dance permit or conditional use permit under pre-existing ordinance requirements shall have one hundred twenty (120) days to obtain the permit required by this chapter.
Existing entertainment establishments that have a dance permit or conditional use permit under pre-existing ordinance requirements shall have sixty (60) days to obtain the permit required by this chapter.
Existing entertainment establishments with a suspended or revoked dance permit, conditional use permit, or similar permit under pre-existing ordinance requirements shall not be eligible for a permit under this chapter until one year has expired following the revocation or suspension, or such earlier or later time as may have been specified in the suspension. (§ 1, Ord. 08-08, eff. May 14, 2008)