Chapter 5.28 ENTERTAINMENT

It is the purpose of this chapter to regulate the operation of establishments that provide or otherwise allow entertainment (including live and nonlive entertainment) for the public health, safety, and welfare. All permittees will be held 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 the operation of the entertainment.

It is the intent of this chapter to provide options to the chief of police in regulating the variety of businesses and events that provide or otherwise allow entertainment. The city council of the city of Covina finds that the imposition of conditions tailored to the particular establishment will allow the business or event to flourish while meeting the city’s public health and safety needs. (Ord. 15-2046 § 3, 2015.)

5.28.020 Definitions.

For the purpose of this chapter, the words, terms, and phrases shall be defined as set forth in this section, unless the context clearly indicates a different meaning is intended.

Words, terms, and phrases used in this chapter that are not specifically defined shall be construed according to their context and the customary usage of the language.

A. “ABC license” means a license issued by the California Department of Alcoholic Beverage Control authorizing the sale of alcoholic beverages.

B. “Business day” means any day, Monday through Thursday, excluding city-observed holidays, during which all city departments are regularly open for business.

C. “Chief of police” means the chief of police of the city of Covina and his or her duly authorized designee.

D. “City” means the city of Covina.

E. “City manager” means the city manager of the city of Covina and his or her duly authorized designee.

F. “Dance” and “dancing” mean movement of the human body, accompanied by music or rhythm.

G. “Disorderly conduct” means any of the following: consumption of alcoholic beverages on public property, public drunkenness, obstruction of the free passage of pedestrians over public sidewalks, obstruction of the free passage of vehicles within the public right-of-way, littering, fighting, excessive noise in violation of Chapter 9.40 CMC, the operation of automobile audio systems in a manner that violates Chapter 9.40 CMC, and any other conduct that constitutes a public nuisance or violation of law.

H. “Entertainment” means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which persons (including patrons and guests) are invited or allowed to watch, listen, or participate or that is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons. Entertainment shall include both live entertainment and nonlive entertainment, as defined by this chapter.

I. “Entertainment establishment” means any building, structure, or premises where entertainment occurs.

J. “Entertainment permit” means a permit issued pursuant to the provisions of this chapter authorizing entertainment to be presented or allowed at an entertainment establishment.

K. “Event” means any activity requiring a permit under the provisions of this chapter.

L. “Event promoter” and “promoter” mean any person who:

1. Is directly or indirectly responsible for the promotion of an event as evidenced by activities such as, but not limited to, contracting with the permittee or other person providing entertainment to serve as a promoter, selecting entertainment, advertising, or otherwise holding out the event to members of the general public, inviting participants to the event, or renting or controlling the event site; and

2. In exchange for engaging in the promotion of the event as explained in subsection (L)(1) of this section, directly or indirectly receives or shares in any of the following:

a. Admission or entrance fees paid by participants or spectators;

b. Compensation, consideration, or other revenue from sponsors, private donors or managers, and/or owners of the event site; or

c. Revenues from concessions or other sales at the event.

An “event promoter” and “promoter” shall not include any of the following:

3. A print, broadcast, or Internet medium that is paid solely for page space or broadcast time to advertise an event, but exercises no other financial or promotional responsibilities in connection with the event;

4. A ticket seller who sells admission tickets to an event from its own place of business, off site and in advance of such an event, but exercises no other financial or promotional responsibilities in connection with the event;

5. An entertainer or performer who is paid solely for his or her performance at an event;

6. An agent of an entertainer or a performer who is compensated solely for negotiating his or her client’s contract to perform at an event;

7. Any person who is permitted pursuant to this article that engages in event promoter activities for events that the person’s permit authorizes;

8. Any person that solely works for, or is exclusively employed by, any person permitted pursuant to this article, who in the course of his or her employment promotes events that are authorized under the permit issued to his or her employer;

9. An agent, officer, or employee of the city of Covina who engages in event promoter activities exclusively for the city of Covina in the course of his or her position as an agent, officer, or employee of the city.

M. “Hearing officer” means the city employee or other representative appointed by the city manager, or a designee thereof, to hear all timely appeals set forth in this chapter.

N. “Live entertainment” means every form of live performance – whether a single event, a series of events, or an ongoing activity or business, occurring alone or as a part of another business, to which persons (including patrons and/or guests) are invited or allowed to watch, listen, or participate or that is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons, whether or not they are compensated for the performance. Live entertainment shall include, but shall not be limited to:

1. Presentations by single or multiple performers, such as hypnotists, pantomimes, comedians, musical song or dance acts (including karaoke performances), plays, concerts, any type of contest; sporting events, exhibitions, carnivals, rodeos, or circus acts; demonstrations of talent; shows, revues; and any other similar activities.

2. Presentation of recorded music played on equipment that is operated by an agent or contractor of the entertainment establishment, commonly known as a “disc jockey” or “DJ.”

3. Dancing to live or recorded music (whether by performers, patrons, or guests).

O. “Manager” means any person performing the type of duties generally performed by a general manager or supervisor, an assistant manager or supervisor, or a security manager or supervisor, including, but not limited to, the following: supervising employees or agents of the permittee; making business decisions about the permittee’s public entertainment business, including, but not limited to, hiring, disciplining or firing employees, and contracting with agents or other persons; making decisions regarding the resolution of significant operational issues that arise during the permittee’s hours of operation; making final decisions about the scheduling of the permittee’s employees or agents; having primary responsibility for the opening or closing of the permittee’s entertainment establishment; and being a person to whom permittee’s employees and agents direct any city official responsible for enforcing the provisions of this code for responses to directives, questions, or requests for information.

P. “Nonlive entertainment” includes any form of entertainment that is not defined as “live entertainment.” Nonlive entertainment shall include, but shall not be limited to, jukeboxes, MP3 players, billiard tables, arcade or other electronic gaming devices, pinball machines, and televisions.

Q. “Patron” means any person present at the entertainment establishment, whether such person is a paying customer or guest. “Patron” does not include owners or employees of the entertainment establishment.

R. “Permittee” means the holder of an entertainment permit and any persons required to be permitted under the provisions of this chapter, whether or not such persons are actually so permitted.

S. “Performer” means any person who performs any live entertainment.

T. “Person” means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons.

U. “Premises” means the location of an entertainment establishment.

V. “Reasonable efforts” means the adoption, posting, and enforcement of operating policies that are consistent with the requirements of this code and any permits, license, and approvals for an entertainment establishment, the documented training of employees and contractors in the carrying out of the establishment operating policies, the provision of adequate number of licensed security personnel at the entertainment establishment, notifying the Covina police department of apparent criminal activity at the entertainment establishment, and the taking of all additional measures, consistent with sound business judgment, necessary to accomplish the required result.

W. “Responsible person” means the permittee (including any person for whom information was required to be provided for an entertainment permit pursuant to CMC 5.28.050 and an event promoter permit pursuant to CMC 5.28.220), owner, proprietor, manager, assistant manager, promoter, or other person exercising control over the operation of an entertainment establishment, whether or not that person is a named permittee.

X. “Special event” means entertainment conducted on private property where all of the following circumstances exist:

1. The premises or location where the entertainment is to be conducted is not the subject of an existing entertainment permit issued pursuant to the provisions of this chapter;

2. The person sponsoring or offering the entertainment is not in the business of regularly offering entertainment to the public;

3. Entertainment will only be offered for a limited period of time, not to exceed five calendar days;

4. The entertainment is not a recurring or regularly scheduled event or celebration. (Ord. 15-2046 § 3, 2015.)

5.28.030 Entertainment permit required.

Unless exempted pursuant to CMC 5.28.040, it is unlawful for any person to provide, permit, allow, or otherwise suffer any form of entertainment without a current and valid entertainment permit for said form of entertainment, issued in accordance with the provisions of this chapter. (Ord. 15-2046 § 3, 2015.)

5.28.040 Exemptions from the entertainment permit requirement.

A. The following types of entertainment and events are exempt from the entertainment permit required by this chapter. However, an exemption does not relieve any person providing or allowing entertainment from complying with all other applicable laws, including, but not limited to, those regulating occupancy loads, noise levels, disturbances of the peace, and other public nuisances.

1. The presentation of ambient or incidental recorded music played on radio, stereo, music recording machine, MP3 player, or other similar device without a disc jockey, so long as no other entertainment (including dancing) as defined in this chapter is provided or allowed and that there is no fee, charge, donation, or other compensation required for entry or admission into the entertainment establishment.

2. Entertainment provided for those guests individually invited and admitted to a private event (such as a wedding, reception, recital, or celebration) at a residence where there is no fee, charge, donation, or other compensation required for entry or admission into the entertainment establishment, and where the entertainment is not audible at a distance of 50 feet or more from the premises upon which the entertainment is occurring.

3. Performances at educational institutions as defined by the California Education Code where such performances are part of an educational or instructional curriculum or program. This does not exempt such institutions from any other approval, permit, or license otherwise required by law.

4. An adult-oriented business, as defined in Chapter 9.30 CMC, that has and is operating in accordance with a current and valid adult-oriented business regulatory permit issued pursuant to Chapter 9.30 CMC.

5. Nonamplified entertainment, excluding any form of dancing (whether by performers, patrons, or guests), conducted in any establishment or venue with a maximum occupancy of 49 or fewer persons, so long as the actual occupancy does not exceed 49 persons and there is no fee, charge, donation, or other compensation required for entry or admission into the entertainment establishment.

6. Entertainment consisting of five or fewer televisions (with the sound emanating solely from the internal speakers of said televisions) in any establishment or venue with a maximum occupancy of 49 or fewer persons, so long as the actual occupancy does not exceed 49 persons, where there is no other form of entertainment provided at said entertainment establishment (including, but not limited to, dancing by performers, patrons, or guests), and there is no fee, charge, donation, or other compensation required for entry or admission into the entertainment establishment.

7. Amusements, exhibitions, meetings, and shows operating pursuant to and in accordance with a permit issued pursuant to the provisions of Chapter 5.08 CMC.

8. Entertainment sponsored by the city of Covina or any agency of the city of Covina. The leasing or subleasing of the real property to an entertainment establishment does not constitute sponsorship of the entertainment by a public agency.

B. Any person providing or sponsoring the following entertainment shall not be exempt from the requirement for an entertainment permit, however, shall be exempt from payment of the entertainment permit fee. Said person shall not be exempt from payment of any fees associated with fingerprinting unless otherwise exempt by law.

1. Entertainment conducted or sponsored by any corporation, organization, bona fide club, society or association that is exempt from taxation pursuant to United States Internal Revenue Code Section 501(c)(3) and that holds meetings in the city other than for such entertainment at regular stated intervals; when all proceeds, if any, arising from such entertainment are used exclusively for the benevolent, charitable, religious, literary, or educational purposes of such organization, club, society, or association. (Ord. 15-2046 § 3, 2015.)

5.28.050 Entertainment permit – Application and contents thereof.

A. Every person wishing to provide or allow entertainment as defined in this chapter shall file an application with the chief of police on forms approved by the chief of police at least 60 calendar days prior to the commencement of the offering of such entertainment. Such application shall, at a minimum, set forth the following information:

1. The name (if applicable) and address of the particular place for which the entertainment permit is desired;

2. The name(s), residence(s), business address, and telephone number(s) of the applicant(s), and, if the applicant(s) is/are a corporation, limited liability company, general or limited partnership, or any other fictitious entity, the name(s), residence(s), and telephone number(s) of:

a. All directors and officers of the corporation or limited liability company;

b. All persons who own or hold 10 percent or more of an ownership interest in the corporation or limited liability company;

c. All persons who are members or managers of the limited liability company;

d. All persons who are partners in the general partnership;

e. All persons who are general partners in the limited partnership;

3. A fully dimensioned, scaled and detailed floor/site plan of the premises where the entertainment will be provided or allowed. The floor/site plan must adhere to any ABC license, all land use regulations, including any conditions of any applicable conditional use permit or other land use entitlement applicable to the entertainment establishment or premises whereon the entertainment will be presented, and shall depict, at a minimum, the following:

a. The location of primary entrances and exits for patron use;

b. The location of all emergency exits;

c. The location and dimensions of any area used for entertainment (including, but not limited to, stage, dance floor, amusement machines, pool tables, televisions, etc.);

d. The location and dimensions of any fixed and/or mobile bar(s);

e. The location and square footage of the alcohol storage area;

f. The location of all restrooms and dressing rooms;

g. The location and seating capacity of all areas where tables and/or chairs will be placed for patron use;

h. The maximum occupancy for all areas as approved by the city building official;

i. The location of the parking area provided for patrons;

j. The location of the designated queuing area (interior and exterior, as applicable), including the location of any stanchions or other barriers;

k. The posting locations of any required security guards;

l. The location of all security cameras; and

m. Such other information as the chief of police deems necessary for the proper processing and review of the floor/site plan, for fulfilling the goals of this chapter, and/or for the safeguarding of the public health, safety, and general welfare;

4. The proposed opening date and hours of operation of the entertainment establishment;

5. A detailed description of the specific type(s) of proposed entertainment, and the dates and times when the entertainment will be provided or allowed;

6. For special events, as defined by this chapter, the date or dates, hours, and location of the proposed entertainment;

7. A statement as to whether an event promoter will participate in the entertainment establishment;

8. The name, permanent address, and a copy of a valid government issued identification card for any event promoter organizing, overseeing, or otherwise promoting an entertainment event;

9. A statement as to whether food or alcoholic beverages or both are to be served or permitted upon the premises and, if so, the type and provisions for dispensing same for all hours of operation. A copy of the menu listing the food and/or alcoholic beverages that are served during all hours of operation will be sufficient for compliance with this subsection;

10. A security plan (subject to the approval of the chief of police) that shall address, at a minimum, the following items:

a. The name, address, telephone number, and copy of Covina business license for who will be providing required security services. If security services will be provided by a private patrol operator (as defined by California Business and Professions Code Section 7582.1), applicant must provide a copy of the Covina private patrol operator permit as issued pursuant to Chapter 5.40 CMC);

b. A description and/or photograph of the uniform/clothing to be worn by the security personnel. Said uniform/clothing shall be approved by the chief of police and shall not resemble a uniform of any law enforcement agency with jurisdiction in the city;

c. Procedures for management of queuing lines;

d. Procedures for counting the number of occupants entering and exiting the entertainment establishment for purposes of complying with and enforcing approved occupancy limits;

e. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior;

f. Procedures for verifying the age of patrons for purposes of alcohol sales;

g. Procedures for ensuring that servers monitor patrons to ensure that drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron;

h. Procedures for handling obviously intoxicated persons;

i. Procedures for the provision of alternate transportation services to patrons. This may include procedures for access to a telephone, the provision of a list of taxi services, or other service that will ensure the safe travel of any patron, particularly those who are intoxicated, in leaving the entertainment establishment;

j. Procedures for handling patrons involved in fighting, arguing, disruptive behavior, or loitering about the entertainment establishment and/or the immediate adjacent area that is owned, leased, rented, or used under agreement by the permittee;

k. Procedures for contacting the Covina police department regarding observed or reported criminal activity; and

l. Such other information as the chief of police deems necessary for the proper processing and review of the security plan, for fulfilling the goals of this chapter, and/or for the safeguarding of the public health, safety, and general welfare;

11. The proposed security arrangements for the safety and control of patrons (including within all adjacent rights-of-way and parking areas);

12. The name or names of the person or persons managing or supervising the proposed entertainment, or any business or premises wherein the entertainment is proposed to be located;

13. A statement indicating whether the applicant and/or any person for whom information is required to be provided pursuant to this section has ever had a permit for the same or any similar business denied, suspended, or revoked anywhere, and, if so, the circumstances, time and place of such denial, suspension, and/or revocation. The denial, suspension, revocation, or cancellation of any ABC license shall be considered as included for purposes of this subsection;

14. A statement indicating whether the applicant and/or any person for whom information is required to be provided pursuant to this section has ever been convicted of a misdemeanor or felony and, if so, the details of such conviction;

15. The name and address of the owner of the real property upon which it is proposed to provide or allow entertainment;

16. Written consent for the proposed entertainment on the premises from the owner of the real property on which the entertainment is to be conducted;

17. Such other information as the chief of police deems necessary for the proper processing and review of the application, for fulfilling the goals of this chapter, and/or for the safeguarding of the public health, safety, and general welfare; and

18. The signature, under penalty of perjury, of the applicant and of all persons for whom information was required to be provided pursuant to subsection (A)(2) of this section.

B. Each application submitted pursuant to this section shall be accompanied by a nonrefundable fee that shall be established (and modified from time to time) by resolution of the city council.

C. The applicant and all persons for whom information was required to be provided pursuant to subsections (A)(2) and (A)(12) of this section shall submit a complete set of fingerprints to the chief of police in a manner and form approved by the chief of police. Any fees for the fingerprints shall be paid by the applicant. (Ord. 15-2046 § 3, 2015.)

5.28.060 Entertainment permit – Investigation and action thereon.

A. Determination of Completeness. The chief of police shall, within 15 calendar days, review the submission of any application for an entertainment permit and supporting documents to determine if the application contains all of the requisite information set forth in CMC 5.28.050. Any application that is missing information required pursuant to CMC 5.28.050 or that is not accompanied by the requisite fee shall be deemed incomplete and shall not be processed by the chief of police. In such case, the chief of police shall issue a notice of incompleteness to the applicant specifying the information that is missing resulting in the incomplete application.

B. Investigation. Upon receipt of a complete entertainment permit application (and requisite fees), the chief of police shall conduct a thorough investigation of the application. The chief of police may request supplemental investigation, information, reports, and/or recommendations pertaining to relevant zoning, building, health, safety, fire, law enforcement, or other factors from any appropriate department of the city or other appropriate agency.

Among other things, the chief of police shall be required to check local and state summary criminal history information, including CLETS/NCIC, and to certify whether disqualifying criminal history has been discovered. Accordingly, pursuant to Penal Code Sections 11105 and 13300, the city council explicitly authorizes the chief of police to obtain such information as it relates to disqualifying convictions or conduct related to the crimes and offenses described in this chapter.

C. Approval. The chief of police shall, within 60 calendar days of the submission of a completed application for an entertainment permit (including payment of applicable fees), approve the issuance of an entertainment permit, subject to the conditions set forth in subsection (E) of this section, unless he or she determines:

1. Except for permits issued pursuant to CMC Title 14, other approvals, permits, licenses, or inspections are required for the activities at the subject premises or real property for which the permit is sought and the applicant and/or owner of the subject real property have not yet acquired same;

2. The issuance of the permit and conduct of the entertainment at the proposed location is inconsistent with federal, state, and/or local laws, rules, regulations, and/or any existing permit or land-use entitlement;

3. That issuance of the permit at the proposed location will constitute an undue burden on the neighborhood because of its proximity to residences, inadequate parking, or other neighborhood circumstances and, irrespective of reasonable conditions that could be imposed thereon, will otherwise interfere with the reasonable use and enjoyment of the neighborhood by its residents and guests;

4. The applicant or any other person for whom information is required to be provided pursuant to CMC 5.28.050 has, within the past seven years, been convicted of any felony or of any misdemeanor crime involving moral turpitude or which is substantially related to the qualifications, functions, or duties of a proprietor, manager, or other responsible person for an entertainment establishment;

5. The applicant or any other person for whom information is required to be provided pursuant to CMC 5.28.050 has a history of committing, permitting, or failing to prevent significant violations of federal, state, or local law, or of any license or permit, in connection with an entertainment establishment in any jurisdiction for which he or she was an owner, operator, or otherwise responsible person;

6. Based upon the information before the chief of police, the applicant or any other person for whom information is required to be provided pursuant to CMC 5.28.050 has knowingly provided false or misleading information, or has otherwise omitted information in the application or in any amendment or report required to be made under this chapter;

7. The applicant or any other person for whom information is required to be provided pursuant to CMC 5.28.050 has had an entertainment permit denied or revoked within the 12 months preceding the current application;

8. The applicant or any other person for whom information is required to be provided pursuant to CMC 5.28.050 owes the city of Covina a fee authorized by CMC 5.28.050(B), an administrative penalty resulting from a violation of any provision of this chapter or of a condition of any entertainment permit issued pursuant to this chapter, or any other fee related to the business establishment (including, but not limited to, false alarm fines, fees, or later charges authorized pursuant to Chapter 8.20 CMC); and/or

9. The application is otherwise incomplete.

D. Denial. In the event the chief of police does not approve an entertainment permit, the chief of police shall issue a written notice of denial to the applicant notifying the applicant of the denial and the reasons therefor within 60 calendar days of the submission of a completed application for an entertainment permit (including payment of applicable fees). The notice of denial shall also advise the applicant of the applicant’s appeal rights (including method and timeline for requesting an appeal) as set forth in CMC 5.28.100.

E. Conditions of Approval. Entertainment permits shall be subject to conditions in order to ensure compliance with this chapter, applicable federal, state, and local law, and otherwise to protect the public health, safety, and welfare.

1. If the applicant or any person for whom information was required to be provided pursuant to CMC 5.28.050 has been issued an ABC license, conditional use permit, other special permit, or land-use entitlement applicable to the entertainment establishment or the entertainment sought to be provided or allowed, conditions placed thereon shall constitute additional conditions of the entertainment permit issued under authority of this chapter.

a. The chief of police may require an applicant for an entertainment permit to demonstrate compliance with applicable conditions of existing ABC license, conditional use permit(s), other special permit(s), and/or land-use entitlement(s) prior to the issuance of the entertainment permit or may issue the permit conditioned on the applicant obtaining any other additional necessary special permit or other city, county, or state approval.

2. The operating standards set forth in CMC 5.28.140 shall constitute conditions of any entertainment permit issued pursuant to the provisions of this chapter.

3. The acquisition of any permit required under CMC Title 14 for the construction, alteration, repair, improvement, modification, or demolition of any building, structure, electrical system, mechanical system, or plumbing system, or any part(s) thereof, that facilitates the entertainment being authorized under the entertainment permit shall be a condition of approval for any entertainment permit issued pursuant to the provisions of this chapter.

4. The chief of police may, based upon specific and articulable facts reasonably related to ensuring the public health, safety, and welfare, impose conditions upon an entertainment permit (including the security plan) relating to the operation of the entertainment establishment including, but not limited to:

a. The days, hours and locations of operation;

b. Restrictions designed to prevent minors from obtaining alcoholic beverages, such as separate entrances, exits, and restroom facilities on the premises;

c. The number and age of persons allowed on the premises;

d. Whether licensed security guards are required, and, if so, how many;

e. Specific measures the permittee must undertake to control the conduct of patrons so as to prevent or minimize disorderly conduct within the entertainment establishment, parking areas, and adjacent public rights-of-way;

f. Specific measures the permittee must undertake to remove trash attributable to the establishment or its patrons in and around the entertainment establishment, the surrounding neighborhood, and the adjacent public rights-of-way;

g. Specific measures the permittee must undertake to prevent the entertainment and its patrons from disturbing the peace and quiet of the surrounding neighborhood;

h. Specific measures the permittee must undertake to prevent its patrons from engaging in disorderly conduct in the surrounding neighborhood;

i. Whether the chief of police must receive advance notice of the date of a particular event if that event is not held as part of the regularly scheduled events of the business; or

j. Other matters related to the public health, safety, and welfare;

5. Nothing in this section shall be construed to limit the authority of the chief of police to place conditions upon the permit that are more restrictive than the conditions of any applicable conditional use permit, special permit, or land-use entitlement, or of any applicable operating standard;

6. No condition may be imposed upon any entertainment permit that conflicts with federal, state or local law, or that conflicts with the permittee’s ABC license; however, nothing in this subsection is intended to prevent the chief of police from imposing any condition related to the age of patrons inside an entertainment establishment with an ABC license if the ABC license does not address that issue. The intent of this subsection is to allow the sale and service of food to minors in a bona fide eating establishment (ABC license types 41, 47, and various club licensed premises) with reasonable conditions imposed to prevent curfew violations and to protect minors from alcohol and other criminal activity;

7. Conditions shall be listed on, or attached to, the entertainment permit;

8. The imposition of any conditions other than those imposed by subsections (E)(1), (2), and (3) of this section is subject to appeal in accordance with the time constraints and provisions set forth in CMC 5.28.100. (Ord. 15-2046 § 3, 2015.)

5.28.070 Entertainment permit – Duration.

A. Except as provided in subsection (B) of this section, entertainment permits issued pursuant to this chapter are valid for a period of one year from the date of issuance.

B. An entertainment permit issued for a special event is valid for the term stated in the permit, but in no event for a period greater than one year from the date of issuance. (Ord. 15-2046 § 3, 2015.)

5.28.080 Entertainment permit – Nontransferable.

No person shall assign or transfer any entertainment permit issued pursuant to this chapter to another person or another location, and any attempt to assign or transfer any entertainment permit issued pursuant to this chapter shall render the entertainment permit null and void and shall be immediately surrendered to the chief of police. (Ord. 15-2046 § 3, 2015.)

5.28.090 Entertainment permit – Modification, suspension, or revocation.

A. General. The chief of police may modify the conditions of an entertainment permit or may suspend or revoke any entertainment permit issued pursuant to this chapter if the chief of police makes any of the following findings and/or determinations:

1. There exists any ground for denial of the entertainment permit pursuant to CMC 5.28.060;

2. The permittee or other responsible person has knowingly made any false, misleading, or fraudulent statement of material fact or has knowingly omitted a material fact in the application for the entertainment permit or any report or records required to be filed by law;

3. Entertainment has been conducted at the entertainment establishment in a manner contrary to the entertainment permit or conditions thereof;

4. The permittee or other responsible person has failed to comply with one or more conditions of the permit, or any other entitlement granted by the city or other government agency (including any conditions of an ABC license);

5. The permittee or other responsible person has violated or is violating any ordinance, law, rule, or regulation of the city, county of Los Angeles, state of California, or the United States of America, in the course of exercising any rights under the entertainment permit;

6. The permittee or other responsible person has operated an entertainment establishment or otherwise caused or allowed entertainment in violation of any notice of denial, order of suspension, or order of revocation issued pursuant to this chapter;

7. The permittee or other responsible person has been held liable for, or has been convicted of, any offense involving the maintenance of a nuisance resulting from any act performed in exercising any rights under the entertainment permit; and/or

8. The continued operation under the entertainment permit (and any applicable conditions) would endanger, disrupt, or otherwise be detrimental to the public peace, health, safety, morals, or general welfare of the city, its residents or guests, and/or the general public, or would otherwise constitute a public nuisance.

B. Order of Modification, Suspension, and/or Revocation. Where the chief of police has determined that the conditions of an entertainment permit shall be modified or that an entertainment permit shall be suspended or revoked, the chief of police shall provide written notice of his or her decision to the permittee.

1. Order of Modification. The chief of police shall serve a written order of modification upon the permittee stating the grounds for the modification, the specific modifications being imposed upon the entertainment permit, the effective date of the modified conditions, and the permittee’s appeal rights (including method and timeline for requesting an appeal).

2. Order of Suspension. The chief of police shall serve a written order of suspension upon the permittee stating the grounds for the suspension, the length of the suspension, the effective date of the suspension, and the permittee’s appeal rights (including method and timeline for requesting an appeal).

a. An entertainment permit may be suspended for a period not to exceed 30 calendar days per violation, and no more than 90 calendar days per suspension.

3. Order of Revocation. The chief of police shall serve a written order of revocation upon the permittee stating the grounds for the revocation, the effective date of the revocation, and the permittee’s appeal rights (including method and timeline for requesting an appeal).

C. Effective Date of Modification, Suspension, and/or Revocation.

1. General. Except as provided in subsection (C)(2) of this section, any order of modification, suspension, or revocation issued pursuant to the provisions of this section shall become effective, and the permittee shall adhere to such order, after the expiration of 10 calendar days following service of the order of modification, suspension, and/or revocation.

a. Every person to whom a permit has been issued under this chapter shall immediately surrender his or her permit to the chief of police upon the effective date of its revocation.

2. Summary Modification, Suspension, or Revocation. The chief of police may summarily and immediately modify, suspend, or revoke an entertainment permit issued pursuant to the provisions of this chapter if the chief of police determines that any ground for modification, suspension, or revocation set forth in subsection (A) of this section exists to the extent or degree that it creates an imminent peril or threat to the public health, safety, or welfare of the patrons, guests, or general public. Notwithstanding the provisions of subsection (C)(1) of this section, any modification, suspension, or revocation pursuant to this subsection shall be effective immediately; however, a written order of modification, suspension, and/or revocation as set forth in subsection (B) of this section must be served upon the permittee within three business days of the summary action.

a. Where the chief of police has taken summary action pursuant to this subsection (C)(2), he or she may also require the immediate closure of the entertainment establishment and dispersal of all patrons for the remainder of that day’s operations.

b. It is unlawful and a misdemeanor for any person to fail to comply with any directive issued by the chief of police under authority of this subsection (C)(2).

c. Pursuant to CMC 5.28.100(C), a summary modification, suspension, or revocation of an entertainment permit pursuant to this section is not stayed pending an appeal. (Ord. 15-2046 § 3, 2015.)

5.28.100 Entertainment permit – Appeals.

A. Request for Appeal. Any applicant for an entertainment permit that has received a notice of denial, any permittee that has received an entertainment permit subject to conditions of approval pursuant to CMC 5.28.060(E), and any permittee that has received an order of modification, suspension, and/or revocation of an entertainment permit pursuant to the provisions of this chapter may appeal said notice or order by filing a request for an appeal with the city clerk, and tendering a filing and processing fee as set by resolution of the city council, within 10 calendar days of service of the notice, order, or conditions of approval. The request for an appeal must be made in writing and must contain, at a minimum, the following information:

1. The name of all appellants and the address of the applicable entertainment establishment where the appellant was authorized (or was seeking to be authorized) to provide or allow entertainment pursuant to the entertainment permit (or entertainment permit application) subject to the notice or order;

2. The date of the imposition of conditions, or of denial, modification, suspension, or revocation by the chief of police;

3. A statement as to all grounds for appeal in sufficient detail to enable a hearing officer to understand the nature of the controversy; however, a permittee may only appeal a summary modification, suspension, or revocation based upon the grounds for the modification, suspension, or revocation and not the chief of police’s determination that such grounds existed to the extent or degree that it creates an imminent peril or threat to the public health, safety, or welfare of the patrons, guests, or general public;

4. The signature of each appellant under penalty of perjury as to the contents of the request for appeal.

B. Failure of the city clerk to receive a timely appeal and payment of the appeal fee(s) constitutes a waiver of the right to contest the imposition of conditions, a notice of denial or order of modification, suspension, and/or revocation, and such conditions, notice and/or order shall be deemed final and binding.

C. Stay of Modification, Suspension, and/or Revocation. Where a request for an appeal has been timely filed (and all fees therefor timely tendered), any modification, suspension, or revocation of an entertainment permit imposed pursuant to CMC 5.28.090(A) and (B) shall be stayed pending the resolution of the appeal by the hearing officer pursuant to the provisions of this chapter. However, the filing of an appeal shall not stay any summary modification, suspension, or revocation of an entertainment permit imposed pursuant to CMC 5.28.090(C)(2).

D. Upon timely receipt of a request for an appeal and applicable fees, the city clerk shall set this matter for consideration before the hearing officer no later than 30 calendar days from receipt of the request and payment of applicable fees. The city clerk shall issue written notice to the appellant(s) of the date, time, and location of the appeal hearing at least 10 calendar days prior to the hearing.

1. If the request for an appeal seeks to challenge a summary modification, suspension, or revocation of an entertainment permit, the city clerk shall set the matter for consideration before the hearing officer no later than 10 business days from receipt of the request and payment of applicable fees. The city clerk shall issue written notice to the appellant(s) of the date, time and location of the appeal hearing at least five calendar days prior to the hearing.

E. Any request by an appellant to continue an appeal hearing must be submitted to the city clerk in writing no later than two business days before the date scheduled for the hearing. The hearing officer may continue a hearing for good cause or on his/her own motion; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties.

1. Notwithstanding this subsection (E), if the appeal seeks to challenge a summary modification, suspension, or revocation of an entertainment permit, the hearing officer may not continue the hearing on his/her own motion for more than five business days without stipulation by all parties.

F. Appeal Hearing. Appeal hearings conducted pursuant to the provisions of this chapter shall comply with the following:

1. The appeal hearing shall proceed solely on those issues or defenses raised in the request for an appeal filed by the appellant(s), and all matters not contested in said request shall be deemed admitted into evidence;

2. The chief of police shall have the burden to establish the grounds for the imposition of conditions, denial, modification, suspension, or revocation that has been contested by the appellant by a preponderance of the evidence. The notice of denial and/or the orders of modification, suspension, and/or revocation (and all documents or reports relied upon and/or prepared in relation to the notice or order) shall be admitted into evidence and shall constitute prima facie evidence of the grounds for the imposition of conditions, denial, modification, suspension, or revocation. The chief of police will have the right to present additional written and/or oral evidence in support of the imposition of conditions, denial, modification, suspension, and/or revocation subject to the appeal;

3. The appellant(s) may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the office of the city clerk at least three business days prior to the hearing. If the appellant(s) elects to appear at the hearing by written declaration, the chief of police shall not be required to attend or participate at the hearing, and may instead submit a written response to the hearing officer to be considered at the time of the hearing;

4. The appellant, if present at the hearing, shall be given an opportunity to testify and to present written and/or oral evidence relating to the matters raised in the appellant’s request for an appeal, and shall have the right to examine and cross-examine any documents and witnesses presented by the chief of police in support of the imposition of conditions, denial, modification, suspension, and/or revocation subject to the appeal. The chief of police will also have the right to examine and cross-examine any documents and witnesses presented by the appellant(s). The hearing officer may question any person who presents evidence or who testifies at any hearing. If additional evidence is presented at the hearing by any party, the hearing officer may continue a hearing on his or her own motion if additional time is required for the review or presentation of evidence, or to otherwise ensure due process to all parties;

5. The city, at its discretion, may record the hearing by stenographer or court reporter, audio recording, or video recording;

6. If the appellant(s) fails to appear, or to otherwise submit a written declaration or any admissible evidence contesting the existence of all grounds for the imposition of conditions, denial, modification, suspension, or revocation subject to the appeal, the hearing officer shall cancel the hearing and send a notice thereof to the appellant(s) by first class mail to the address(es) stated on the appeal form. A cancellation of a hearing due to nonappearance of the appellant shall constitute the appellant’s waiver of the right to appeal. In such instances, the initial conditions of approval, notice, or order is deemed final and binding;

7. After exhaustion of all administrative remedies, judicial review of a final administrative action is subject to the provisions and time limits set forth in California Code of Civil Procedure Section 1094.6 et seq. (Ord. 15-2046 § 3, 2015.)

5.28.110 Effect of denial and revocation of an entertainment permit.

A. If an application for an entertainment permit is denied or revoked by the chief of police pursuant to the provisions of this chapter, no application for an entertainment permit submitted by the same applicant or any person for whom information was required to be provided for the denied or revoked entertainment permit pursuant to CMC 5.28.050 shall be considered by the chief of police for a period of 12 months from the date of denial or revocation.

B. If an application for an entertainment permit is revoked by the chief of police pursuant to the provisions of this chapter, no application for an entertainment permit at the same premises as named in an application or entertainment permit shall be considered by the chief of police for a period of 12 months from the date of denial or revocation.

C. Exception. Notwithstanding the provisions of subsections (A) and (B) of this section, the chief of police may consider an application for an entertainment permit in less than the stated period if the application is accompanied by evidence that the ground or grounds for denial of the previous application no longer exist. This exception does not apply to permits that have been revoked. (Ord. 15-2046 § 3, 2015.)

5.28.120 Issuance of subsequent entertainment permit.

Applications for a new entertainment permit for the same location as authorized in a current and valid entertainment permit shall be submitted and processed in the same manner and time frames as set forth in CMC 5.28.050 and 5.28.060. (Ord. 15-2046 § 3, 2015.)

5.28.130 Service of notices and orders.

A. Except as otherwise expressly required by a provision of this chapter, any notice or order required by this chapter may be served upon any responsible person by personal delivery or by first class mail. The date of service shall be the date it is personally delivered or placed in a U.S. Postal Service receptacle.

1. Any order of suspension or order of revocation, in addition to being served upon a responsible party in accordance with subsection (A) of this section, shall also be posted at or upon the main entry of the entertainment establishment subject to the order.

B. Except as otherwise expressly required by a provision of this chapter, any notice or order issued by mail to a responsible person shall be sent to the mailing address listed on the application for an entertainment permit or a request for an appeal (or any other address provided by the responsible person for purposes of receiving mail). Failure of any responsible person to receive a properly addressed notice by mail shall not invalidate any action or proceeding pursuant to this chapter. (Ord. 15-2046 § 3, 2015.)

5.28.140 Operating standards.

Unless otherwise exempt from the requirement for an entertainment permit pursuant to the provisions of this chapter, all entertainment establishments shall strictly adhere to the following operating standards:

A. Hours of Operation.

1. Except as otherwise provided in an approved entertainment permit, all entertainment establishments shall be closed and all patrons shall vacate the premises between 2:00 a.m. and 6:00 a.m.

2. Except as otherwise provided in an approved entertainment permit, all live entertainment at an entertainment establishment shall cease at least 30 minutes prior to the scheduled closing time for the establishment or 1:30 a.m., whichever is earlier.

B. Posting and Exhibition of Entertainment Permit.

1. The permittee holding an entertainment permit shall keep a copy of the entertainment permit (along with all applicable conditions thereon) posted in a conspicuous location at the entertainment establishment named in the entertainment permit.

2. Any entertainment permit issued pursuant to this chapter shall be kept in a readily accessible place and shown upon request to any city official responsible for enforcing the provisions of this chapter or any other provision of this code.

C. Security. Responsible persons for an entertainment establishment shall maintain on the premises of the entertainment establishment and shall strictly adhere to a written security plan submitted in accordance with CMC 5.28.050(A)(10) and approved by the chief of police.

1. Unless otherwise set forth in the approved security plan or as a condition of an entertainment permit, responsible persons for an entertainment establishment shall provide at least one uniformed, state licensed security guard for every 50 persons on the premises of an entertainment establishment and within any queue to enter the establishment (a) commencing at least 30 minutes prior to scheduled entertainment or 9:00 p.m., whichever is earlier, and (b) lasting until all activity at the entertainment establishment has ceased and all patrons have cleared the establishment and parking area.

2. Notwithstanding any other provision of law, no responsible person shall cause, allow, permit, or suffer any security personnel to, and no security personnel shall, be in possession of any firearm while on duty at the entertainment establishment.

3. Unless otherwise set forth in the approved security plan or as a condition of an entertainment permit, in addition to any security required pursuant to an approved security plan, an entertainment permit, and/or this section, each entertainment establishment shall provide a minimum of one parking lot attendant with a reflective vest or other clothing/uniform approved by the chief of police to monitor activities commencing at least 30 minutes prior to scheduled entertainment and lasting until all activity at the entertainment establishment has ceased and all patrons have cleared the establishment and parking area.

4. Each responsible person (including security personnel) shall use reasonable efforts to cause the orderly dispersal of individuals in the vicinity of the entertainment establishment (including the parking area and rights-of-way adjacent to the establishment) at closing time, and shall not allow individuals to congregate within 50 feet of the establishment in a disorderly fashion.

5. No responsible person shall cause, allow, permit, or suffer, and no security personnel shall, sit at the bar, consume alcoholic beverages or any controlled substance, be under the influence of alcoholic beverages or any controlled substance, or engage in any other violations of law while on duty at the entertainment establishment.

6. Each entertainment establishment shall install, use, and maintain in good working condition a video security system capable of viewing and recording events at the entertainment establishment as approved by the chief of police. The video security system must be clearly identified and approved within the security plan submitted in accordance with CMC 5.28.050(A)(10). The video security system shall be on and operating at all times during business hours and until all activity at the entertainment establishment has ceased and all patrons have cleared the establishment and parking area. The video security system shall be of such to provide images of such a resolution as to clearly identify individuals for later identification.

a. The entertainment establishment shall ensure that at least one employee or other person is present on the premises during normal business hours with the necessary knowledge and skill to operate the video security system so that he or she is able to provide the Covina police department copies of video recordings immediately upon request.

b. Responsible persons shall preserve the video security system’s recorded information of each business day for a period of not less than 10 business days thereafter for the Covina police department’s review in connection with a criminal or other investigation.

D. Queues. Queuing lines shall be managed in an orderly manner and all disruptive and intoxicated persons shall be denied entry. Any queue located on the exterior of a building shall not obstruct the entry or exit doors of adjacent businesses and residences, and shall be located in such a manner that the adjacent sidewalk has at least three feet of unobstructed clearance. All requisite city approvals and permits shall be obtained prior to placing or using any stanchions, rope, balusters, or similar barriers for queues.

E. Alcoholic Beverages on Premises. No person shall cause, allow, permit, or suffer any alcoholic beverage at an entertainment establishment unless otherwise authorized pursuant to and in compliance with a current and valid ABC license (unless otherwise exempt from such license).

1. All responsible persons for the entertainment establishment shall be responsible for verifying the age of those persons desiring to purchase and/or consume alcoholic beverages at the establishment in order to ensure compliance with state law restricting the age of the sale and consumption of alcohol to those 21 years of age and older. This verification process may include such techniques as the manual checking of identification by a trained employee, the use of an identification scanner or similar device, or other method as approved in the security plan.

F. Nuisances. Responsible persons shall not cause, allow, permit, or suffer any nuisance condition at the entertainment establishment, parking area, or adjacent public right-of-way. Such nuisances include, but are not limited to, disorderly conduct, disturbances of the peace, public drunkenness, consumption of alcohol in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, and possession, use, or sales of controlled substances.

G. Graffiti. Any graffiti painted or marked upon the premises of an entertainment establishment or any adjacent area under the ownership, possession, or control of the responsible person for the entertainment establishment shall be removed or painted over within 24 hours of its application.

H. The premises shall not be operated as an adult-oriented business as defined in Chapter 9.30 CMC.

I. There shall be no public telephones located on the exterior of the premises of an entertainment establishment. All interior pay phones shall be designed to allow outgoing calls only.

J. Maximum Occupancy. A sign indicating the maximum occupancy as approved by the city shall be posted as directed by the city building official. No responsible person shall cause, allow, permit, or suffer any person to enter or remain in the entertainment establishment (or any area thereof) in excess of the approved maximum occupancy.

K. Reporting Requirement. Responsible persons shall notify the chief of police, in writing, within five calendar days of:

1. Any enforcement action either proposed or actually taken by Alcohol Beverage Control against the entertainment establishment or any responsible person in connection with the entertainment establishment. As used herein, “enforcement action” includes, but is not limited to, the issuance of any “309 Letters,” the issuance of a criminal citation to an officer/member, employee, or agent of the responsible persons for alleged violations of law at the entertainment establishment, as well as the initiation of an administrative or civil action against the entertainment establishment or responsible persons for alleged violations of law at the entertainment establishment. “Violations of law” as used herein includes failures to comply with regulations that govern liquor licenses and the premises for which they are issued;

2. Any conditions at the entertainment establishment that substantially affect the public safety which the responsible persons (including any manager and security personnel) know or reasonably should know exist at the time of occurrence;

3. Any incidents of disorderly conduct as defined by this chapter, including any possession, use, or sale of controlled substances, that have been brought to the attention of responsible persons, or that otherwise the responsible persons know or reasonably should know to have occurred at the entertainment establishment.

L. Event Promoters. No responsible person shall use, hire, employ, or avail himself or herself of the service of an event promoter, as defined in this chapter, for an entertainment establishment unless the event promoter has a current and valid event promoter permit issued in accordance with the provisions of Article II of this chapter (commencing with CMC 5.28.200).

1. Responsible persons shall maintain a copy of any contracts or agreements between the entertainment establishment or responsible persons and the event promoter on file at the entertainment establishment for a period of not less than two years. The two-year period shall commence on the later of the last day of operation of the specific event being promoted or the contract’s/agreement’s expiration date.

M. Responsible persons shall provide consent for and access by any person responsible for the enforcement of the provisions of this chapter or any other provision of this code to enter any portion of the entertainment establishment, without charge, at any time during normal business hours or during which any operations are occurring at the entertainment establishment in order to verify compliance with any entertainment permit (including an approved security plan and ABC license), the provisions of this chapter or any other portion of this code, or any other applicable law or regulation.

1. A permittee and all responsible persons shall fully cooperate with any investigation conducted in order to verify compliance with any entertainment permit (including an approved security plan and ABC license), an event promoter permit, the provisions of this chapter or any other portion of this code, or any other applicable law or regulation. Cooperation shall include, but shall not be limited to, allowing investigators the immediate opportunity upon request to review any video, writing, or other record required pursuant to the provisions of an entertainment permit or other applicable license or permit, this chapter, or any other provision of law, and providing a copy of said video, writing, or other record within 72 hours.

N. A permittee and responsible persons shall be responsible for all activities occurring on the premises of an entertainment establishment (including parking areas), including those conducted by employees, managers, event promoters, and other persons acting for the benefit of the entertainment establishment, as well as by the patrons. (Ord. 15-2046 § 3, 2015.)

5.28.150 Indemnification.

Permittees and all responsible persons shall indemnify and hold the city harmless from any and all losses, claims, actions or damages suffered by any person or persons by reason of or resulting from any negligence of the permittee or its agents, employees, or patrons or on account of any act or omission of the permittee in its exercise of its entertainment permit or use of any premises in connection with such permit. In the event any suit or action is brought against the city, the permittee and all responsible persons shall, upon notice of the commencement thereof, defend the same, at no cost or expense to the city, and promptly satisfy any final judgment adverse to the city or to the city and the permittee jointly; provided, that in the event the city determines that one or more principles of governmental or public law are involved, the city retains the right to participate in such action. The above liability shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost or expense may have been, or may be alleged to have been, contributed to by the negligence of the city or its officers, employees, or agents; provided, however, that nothing contained in this section shall be construed as requiring the permittee to indemnify the city against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the city, or its officers, employees, or agents. (Ord. 15-2046 § 3, 2015.)

5.28.160 Permits issued prior to the effective date of this chapter.

Unless an earlier expiration date is specified in the terms or conditions of the permit itself, any permit for dance and/or entertainment in the city or for any billiard parlor or billiard or pool tables in the city issued before the effective date of the ordinance codified in this section shall be valid for one year from the effective date of this section and shall terminate thereafter. Notwithstanding any other provisions of this chapter, all permits issued for dance or entertainment in the city or for a billiard parlor or billiard or pool tables in the city before the effective date of the ordinance codified in this section shall be subject to suspension, modification, or revocation pursuant to the provisions of CMC 5.28.090. (Ord. 15-2046 § 3, 2015.)

5.28.170 Violations and penalties.

A. Any person who violates any provision of this chapter, or fails to comply with any obligation or requirement of this chapter, or who fails to comply with any order or notice issued pursuant to the provisions of this chapter, is guilty of a misdemeanor offense punishable in accordance with Chapter 1.16 CMC.

B. Any person who defaces, alters, or removes any notice or order posted as required in this chapter is guilty of a misdemeanor offense punishable in accordance with Chapter 1.16 CMC.

C. Nothing in this chapter shall prevent the city attorney or city prosecutor from prosecuting a violation of this chapter as an infraction, at his/her discretion, as set forth in Chapter 1.16 CMC.

D. Nothing in this chapter shall prevent the city attorney or city prosecutor from bringing a civil action, at his/her discretion, to seek the abatement of any violation of this code or any nuisance activity at an entertainment establishment.

E. Nothing in this chapter shall prevent any city enforcement officer from issuing an administrative citation for violations of the provisions of this chapter, as set forth in Chapter 1.26 CMC.

F. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

G. Public Nuisance. In addition to the penalties provided by this chapter, any condition or activity caused or permitted to exist in violation of any provision, restriction, or requirement of this chapter or any notice, order, or permit issued pursuant to this chapter shall be deemed a public nuisance and may be summarily abated by the city by any and all means (civil, administrative, and/or equitable) as provided by law or in equity. (Ord. 15-2046 § 3, 2015.)

5.28.180 Cumulative remedies, procedures, and penalties.

Unless otherwise expressly provided, the remedies, procedures, and penalties provided by this chapter are cumulative to each other and to any others available under city, state, or federal law. (Ord. 15-2046 § 3, 2015.)

Article II. Event Promoter

5.28.200 Event promoter permit required.

Unless exempted pursuant to CMC 5.28.210, it is unlawful for any person to be an event promoter or to engage in event promotion activities in the city without first having obtained an event promoter permit from the chief of police. (Ord. 15-2046 § 3, 2015.)

5.28.210 Exceptions from the event promoter permit requirement.

An event promoter permit shall not be required for any person promoting entertainment that is otherwise exempt from an entertainment permit as provided in Article I of this chapter. (Ord. 15-2046 § 3, 2015.)

5.28.220 Event promoter permit – Application and contents thereof.

A. Every person wishing to be an event promoter or engage in the activities of an event promoter in the city shall file an application with the chief of police on forms approved by the chief of police at least 30 calendar days prior to the commencement of the engaging in such activities. Such application shall, at a minimum, set forth the following information:

1. The name(s), residence(s), business address, and telephone number(s) of the applicant(s), and, if the applicant(s) is/are a corporation, limited liability company, general or limited partnership, or any other fictitious entity, the name(s), residence(s), and telephone number(s) of:

a. All directors and officers of the corporation or limited liability company;

b. All persons who own or hold 10 percent or more of an ownership interest in the corporation or limited liability company;

c. All persons who are members or managers of the limited liability company;

d. All persons who are partners in the general partnership;

e. All persons who are general partners in the limited partnership;

2. A copy of a current and valid government issued driver’s license or identification card for each person providing information pursuant to this section;

3. A copy of the applicant’s current and valid Covina business license to engage in the activities of an event promoter;

4. The name and address of the venue(s) for which the applicant will be engaging in the activities of an event promoter;

5. A copy of the current and valid entertainment permit for the venue(s) for which the applicant will be engaging in the activities of an event promoter;

6. The name(s) of any person(s) who will be managing or supervising the event and/or venue for which the applicant will be serving as an event promoter;

7. Whether the applicant and/or any person for whom information is required to be provided pursuant to this section has ever had a permit for the same or any similar business denied, suspended, or revoked anywhere, and, if so, the circumstances, time and place of such denial, suspension, and/or revocation;

8. Whether the applicant and/or any person for whom information is required to be provided pursuant to this section has ever been convicted of a misdemeanor or felony and, if so, the details of such conviction;

9. The signature, under penalty of perjury, of the applicant and of all persons for whom information was required to be provided pursuant to this section;

10. Such other information as the chief of police deems necessary for the proper processing and review of the application, for fulfilling the goals of this chapter, and/or for the safeguarding of the public health, safety, and general welfare.

B. Each application submitted pursuant to this section shall be accompanied by a nonrefundable fee that shall be established (and modified from time to time) by resolution of the city council.

C. The applicant and all persons for whom information was required to be provided pursuant to this section shall submit a complete set of fingerprints to the chief of police in a manner and form approved by the chief of police. Any fees for the fingerprints shall be paid by the applicant. (Ord. 15-2046 § 3, 2015.)

5.28.230 Event promoter permit – Investigation and action thereon.

A. Determination of Completeness. The chief of police shall, within 10 calendar days, review the submission of any application for an event promoter permit and supporting documents to determine if the application contains all of the requisite information set forth in CMC 5.28.220. Any application that is missing information required pursuant to CMC 5.28.220 or that is not accompanied by the requisite fee shall be deemed incomplete and shall not be processed by the chief of police. In such case, the chief of police shall issue a notice of incompleteness to the applicant specifying the information that is missing resulting in the incomplete application.

B. Investigation. Upon receipt of a complete event promoter permit application (and requisite fees), the chief of police shall conduct a thorough investigation of the application. The chief of police may request supplemental investigation, information, reports, and/or recommendations pertaining to relevant zoning, building, health, safety, fire, law enforcement, or other factors from any appropriate department of the city or other appropriate agency.

C. Approval. The chief of police shall, within 30 calendar days of submission of a completed application for an event promoter permit, approve the issuance of an event promoter permit, subject to the conditions set forth in subsection (E) of this section, unless he or she determines:

1. Other approvals, permits, licenses, or inspections are required in order for the applicant to engage in the activities of an event promoter as set forth in the application, including, but not limited to, an entertainment permit for the venue for which the applicant will be serving as an event promoter;

2. The applicant or any other person for whom information is required to be provided pursuant to CMC 5.28.220 has, within the past seven years, been convicted of any felony or of any misdemeanor crime involving moral turpitude or which is substantially related to the qualifications, functions, or duties of a proprietor, manager, or other responsible person for an entertainment establishment;

3. The applicant or any other person for whom information is required to be provided pursuant to CMC 5.28.220 has a history of committing, permitting, or failing to prevent significant violations of federal, state, or local law, or of any license or permit, in connection with an entertainment establishment for which he or she was an owner, operator, or otherwise responsible person;

4. Based upon the information before the chief of police, the applicant or any other person for whom information is required to be provided pursuant to CMC 5.28.220 has knowingly provided false or misleading information, or has otherwise omitted information in the application or in any amendment or report required to be made under this chapter;

5. The applicant or any other person for whom information is required to be provided pursuant to CMC 5.28.220 has had an event promoter permit denied or revoked within the 12 months preceding the current application;

6. The applicant or any other person for whom information is required to be provided pursuant to CMC 5.28.220 owes the city of Covina a fee authorized by CMC 5.28.220(B) or an administrative penalty resulting from a violation of any provision of this chapter or of a condition of any permit issued pursuant to this chapter; and/or

7. The application is otherwise incomplete.

D. Denial. In the event the chief of police does not approve an event promoter permit, the chief of police shall issue a written notice of denial to the applicant notifying the applicant of the denial and the reasons therefor within 30 calendar days of the submission of a completed application for an event promoter permit. The notice of denial shall also advise the applicant of the applicant’s appeal rights (including method and timeline for requesting an appeal) as set forth in CMC 5.28.270.

E. Conditions of Approval. Event promoter permits shall be subject to conditions in order to ensure compliance with this chapter, applicable federal, state, and local law, and otherwise to protect the public health, safety, and welfare.

1. The conditions imposed upon any entertainment permit, ABC license, conditional use permit, other special permit, or land-use entitlement applicable to the entertainment establishment for which the applicant shall be engaging in the services of an event promoter shall constitute conditions of the event promoter permit issued under authority of this chapter.

a. The chief of police may require an applicant for an event promoter permit to demonstrate compliance with applicable conditions of existing entertainment permit, ABC license, conditional use permit(s), other special permit(s), and/or land-use entitlement(s) prior to the issuance of the event promoter permit or may issue the permit conditioned on the applicant obtaining any other additional necessary special permit or other city, county, or state approval.

2. The operating regulations and conditions set forth in CMC 5.28.310 shall constitute conditions of any event promoter permit issued pursuant to the provisions of this chapter.

3. The chief of police may, based upon specific and articulable facts reasonably related to ensuring the public health, safety, and welfare, impose conditions upon an event promoter permit relating to the operation of the entertainment establishment including, but not limited to:

a. The days, hours and locations of entertainment being provided;

b. Restrictions designed to prevent minors from obtaining alcoholic beverages, such as separate entrances, exits, and restroom facilities on the premises;

c. The number and age of persons allowed on the premises;

d. Whether licensed security guards are required, and, if so, how many;

g. Specific measures the permittee must undertake to prevent the entertainment and its patrons from disturbing the peace and quiet of the surrounding neighborhood;

h. Specific measures the permittee must undertake to prevent its patrons from engaging in disorderly conduct in the surrounding neighborhood;

i. Whether the chief of police must receive advance notice of the date of a particular event if that event is not held as part of the regularly scheduled events of the business; or

j. Other matters related to the public health, safety, and welfare.

4. Nothing in this section shall be construed to limit the authority of the chief of police to place additional conditions upon the event promoter permit that are more restrictive than the conditions of any applicable entertainment permit, conditional use permit, special permit, or land-use entitlement, or of any applicable operating regulation and condition.

5. No condition may be imposed upon any event promoter permit that conflicts with federal, state or local law.

6. Conditions shall be listed on, or attached to, the event promoter permit.

7. The imposition of any conditions other than those imposed by subsections (E)(1) and (2) of this section is subject to appeal in accordance with the time constraints and provisions set forth in CMC 5.28.270. (Ord. 15-2046 § 3, 2015.)

5.28.240 Event promoter permit – Duration.

A. Except as provided in subsection (B) of this section, event promoter permits issued pursuant to this chapter are valid for a period of one year from the date of issuance.

B. An event promoter permit issued for a special event is valid for the term stated in the permit, but in no event for a period greater than one year from the date of issuance. (Ord. 15-2046 § 3, 2015.)

5.28.250 Event promoter permit – Nontransferable.

No person shall assign or transfer any event promoter permit to any other person issued pursuant to this chapter, and any attempt to assign or transfer any event promoter permit issued pursuant to this chapter shall render the event promoter permit null and void and shall be immediately surrendered to the chief of police. (Ord. 15-2046 § 3, 2015.)

5.28.260 Event promoter permit – Modification, suspension, or revocation.

A. General. The chief of police may modify the conditions of an event promoter permit or may suspend or revoke any event promoter permit issued pursuant to this chapter if the chief of police makes any of the following findings and/or determinations:

1. There exists any ground for denial of the event promoter permit pursuant to CMC 5.28.230;

2. The permittee or other responsible person has knowingly made any false, misleading, or fraudulent statement of material fact or has knowingly omitted a material fact in the application for the event promoter permit or any report or records required to be filed by law;

3. The permittee or other responsible person has failed to comply with one or more conditions of the event promoter permit, or any other entitlement granted by the city or other government agency (including any conditions of an entertainment permit or ABC license) issued for the venue for which the permittee is serving as an event promoter;

4. The permittee or other responsible person has violated or is violating any ordinance, law, rule, or regulation of the city, county of Los Angeles, state of California, or the United States of America, in the course of exercising any rights under the event promoter permit or the entertainment permit issued for the venue for which the permittee is serving as an event promoter;

5. The permittee or other responsible person has engaged in the activities of an event promoter in violation of any conditions of approval, notice of denial, order of suspension, or order of revocation issued pursuant to this chapter;

6. The permittee or other responsible person has been held liable for, or has been convicted of, any offense involving the maintenance of a nuisance resulting from any act performed in exercising any rights under the event promoter permit or the entertainment permit issued for the venue for which the permittee is serving as an event promoter; and/or

7. Continued activities under the event promoter permit (and any applicable conditions) would endanger, disrupt, or otherwise be detrimental to the public peace, health, safety, morals, or general welfare of the city, its residents or guests, and/or the general public, or would otherwise constitute a public nuisance.

B. Order of Modification, Suspension, and/or Revocation.

1. Where the chief of police has determined that the conditions of an event promoter permit shall be modified or that an event promoter permit shall be suspended or revoked, the chief of police shall provide written notice of his or her decision to the permittee in the same manner as that set forth for the modification, suspension, and/or revocation of an entertainment permit pursuant to CMC 5.28.090.

2. The effective date of a modification, suspension, and/or revocation of an event promoter permit shall be the same as that set forth for the modification, suspension, and/or revocation of an entertainment permit pursuant to CMC 5.28.090. (Ord. 15-2046 § 3, 2015.)

5.28.270 Event promoter permit – Appeals.

A. Request for Appeal. Any applicant for an event promoter permit that has received a notice of denial, any permittee that has received an event promoter permit subject to conditions of approval pursuant to CMC 5.28.230, and any permittee that has received an order of modification, suspension, and/or revocation of an event promoter permit pursuant to the provisions of this chapter may appeal said notice or order by filing a request for an appeal with the city clerk, and tendering a filing and processing fee as set by resolution of the city council, within 10 calendar days of service of the notice, order, or conditions of approval. The procedures and timelines for an appeal shall be the same as those set forth for an appeal of a modification, suspension, and/or revocation of an entertainment permit pursuant to CMC 5.28.100. (Ord. 15-2046 § 3, 2015.)

5.28.280 Effect of denial and revocation of an event promoter permit.

A. If an application for an event promoter permit is denied or revoked by the chief of police pursuant to the provisions of this chapter, no application for an event promoter permit submitted by the same applicant or any person for whom information was required to be provided for the denied or revoked event promoter permit pursuant to CMC 5.28.220 shall be considered by the chief of police for a period of 12 months from the date of denial or revocation.

B. Exception. Notwithstanding the provisions of subsection (A) of this section, the chief of police may consider an application for an event promoter permit in less than the stated period if the application is accompanied by evidence that the ground or grounds for denial of the previous application no longer exist. This exception does not apply to permits that have been revoked. (Ord. 15-2046 § 3, 2015.)

5.28.290 Issuance of subsequent event promoter permit.

Applications for a new event promoter permit for the same promoter providing services for the same location as authorized in a current and valid event promoter permit shall be submitted and processed in the same manner as set forth in CMC 5.28.220 and 5.28.230. (Ord. 15-2046 § 3, 2015.)

5.28.300 Event promoter contract required.

A. No event promoter shall promote an event except pursuant to a written contract executed between the event promoter and the person hiring the event promoter which may include, but is not limited to, the owner, manager, lessee, or renter of the entertainment establishment or premises where the event is scheduled to occur.

B. The contract shall include, at a minimum, the following information:

1. The complete name, address, telephone number, and date of birth for the event promoter;

2. A photocopy of the event promoter’s government issued driver’s license or identification card;

3. The event promoter’s event promoter permit number and Covina business license number;

4. A photocopy, or other legible reproduction, of the event promoter’s event promoter permit and Covina business license;

5. The address and name (if applicable) of the entertainment establishment where the entertainment will occur;

6. The number of the entertainment permit, ABC license, and any other license or permit required for the event;

7. A photocopy, or other legible reproduction, of the entertainment permit, ABC license, and any other license or permit required for the event;

8. The legally authorized maximum occupancy limit of the event site, including each room, floor, or other area where the event is scheduled to occur;

9. A telephone number for the event promoter at which the event promoter will respond for the duration of the event and for two hours before and after such time as the event is scheduled to occur;

10. The time(s), date(s), and length of the event(s);

11. A list naming all entertainers and performers who are scheduled to perform during the event;

12. A general description of the methods that will be used for the promotion, marketing, and advertising of the event;

13. The complete name of each employee, agent, or other representative of the event promoter that will be present at the event and the general description of their respective duties;

14. Language prohibiting the placement of signs in the city of Covina without all requisite city approvals, permits, and inspection, or within the public right-of-way.

C. A copy of the contract required by this section shall be kept and maintained at the entertainment establishment for the duration of the event (as well as for two hours before and after such time as the event is scheduled to occur), and shall be made available by the event promoter and any responsible person for inspection and copying upon request of the chief of police or any city official responsible for enforcing the provisions of this code.

D. If the parties to the contract make any changes to the terms or provisions thereof between the time the contract is executed and the time when the event occurs, those changes shall be reflected in an amended contract which shall comply with the requirements set forth in subsections (A) through (C) of this section. (Ord. 15-2046 § 3, 2015.)

5.28.310 Operating regulations and conditions.

All event promoters shall strictly adhere to the following operating regulations and conditions. Event promoters shall be jointly responsible for any violations of these operating regulations and conditions, which shall not relieve any other responsible person of any obligations set forth in this chapter.

A. Event promoters shall comply with the following:

1. Conditions of any applicable event promoter permit, entertainment permit (including approved security plan), conditional use permit, or other special permit or land-use entitlement;

2. All applicable federal, state, county, and city laws, ordinances, rules, and/or regulations.

B. Recordkeeping. Each event promoter shall maintain on file, for a period of not less than two years from the later of the last day of operation of the specific event being promoted or the contract’s expiration date, complete and accurate records of all business activities related to events for which the event promoter has performed any services or activities that are subject to the provisions of this chapter. Such records shall include, but shall not be limited to, the following:

1. All contracts required by this chapter, as well as any contracts with performers.

a. Contracts with performers shall contain, at a minimum, the true name of the performer along with any fictitious/stage name under which the performer is being promoted; and

2. Records of advance ticket sales, tickets sold at events, other admission or entrance fees or donations, or any other fees, charges, or donations collected at such events.

The records required by this section shall be made available for inspection by the chief of police or any city official responsible for enforcing the provisions of this code. Clear and legible copies of such records shall be provided within 72 hours of any request by the chief of police or any city official responsible for enforcing the provisions of this code.

C. On-Site Presence During Event. The event promoter or agent thereof (at least 21 years of age or older) shall be on site for the entire duration of the event he or she is promoting, as well as for one hour before the event is scheduled to occur and 30 minutes after the conclusion of the event (unless the business establishment closes prior thereto).

D. Advertising. Event promoters shall ensure that all promotional materials, including, but not limited to, handbills, dodgers, circulars, booklets, cards, pamphlets, sheets, other written or printed notices, and/or any sample products, any of which advertise the event being promoted, contain plainly printed or stamped on the first page thereof, or on the front thereof, in a space free of other matter, the number of the applicable event promoter permit.

E. Cooperate fully with the chief of police or any city official responsible for enforcing the provisions of this code with any inquiry, inspection, reasonable request, or investigation necessary or appropriate to implement the requirement of this code or to enforce any other federal, state, county, or city law.

F. Immediately report to the Covina police department and, if necessary, emergency medical services at 911 any conditions which the event promoter (or his or her designated representative) knows, or reasonably should know, exist at the event and could result or could have resulted in harm or an immediate threat of harm to the health, safety, and general welfare of the spectators of the event or any member of the public. (Ord. 15-2046 § 3, 2015.)