Chapter 5.32
ENTERTAINMENT PERMITS
Sections:
5.32.030 Permits – Application.
5.32.040 Permits – Application – Hearings.
5.32.050 Permits – Grounds for denial or revocation.
5.32.060 Permits – Nontransferability – Posting.
5.32.080 Permits – Suspension – Appeals.
5.32.010 Permits required.
No person shall perform, nor shall any person or entity allow to be performed, any act of entertainment at a place of entertainment without first obtaining a permit therefor in the manner set forth in this chapter. (Prior code § 4-14.01)
5.32.020 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases are defined as follows:
“Entertainment” means any performance designed to amuse or divert the attention of the public. “Entertainment” includes, but is not limited to, the following:
1. Any act, play, review, pantomime, scene, karaoke, dance, dance act, song and dance act or mimical performance performed or participated in by one or more persons, whether or not such person or persons are compensated for such performance;
2. The conduct or performance of any of the acts of entertainment set forth in this subsection live, by animation, by picture, by motion picture or by other visual art or portrayal;
3. Entertainment does not include any activity for which an adult-oriented business permit would be required pursuant to Chapter 18.62 of this code.
“Notice” means written notice given by personal service upon the addressee or given by United States mail, postage prepaid, addressed to the person to be notified at his last known address. The service of such notice shall be effective upon the completion of personal service or upon the placing of the notice in the custody of the United States postal service.
“Permit” means a permit required and issued pursuant to the provisions of this chapter.
“Place of entertainment” means a place open to members of the public, with or without charge, in which entertainment is offered or performed, but excluding theaters therefrom.
“Theater” means a building, playhouse, room, hall or other place having a permanent stage upon which movable scenery and theatrical or vaudeville or similar performances are given, having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, the primary function of which is to present such performances, and in which the serving of food or beverages is clearly incidental to such performances. This definition is not intended to supersede the provisions of Sections 318.5 and 318.6 of the Penal Code of the state. (Ord. 1738 § 60, 2012; Ord. 1498 § 16, 1996; prior code § 4-14.02)
5.32.030 Permits – Application.
A. No owner or operator of any business shall allow entertainment, as defined in this chapter, to occur on the premises until an entertainment permit has been issued by the city council in accordance with the procedures set forth in this chapter. The application for the permit shall be filed with the community development department and accompanied by a fee in an amount set by resolution of the city council. No background check shall be required.
B. Each applicant shall specify on the application the following:
1. The location of the proposed entertainment;
2. The name, address and telephone number of the entertainers, if known; the persons in control of the premises; the property owners; the business owners; and, if any owner is a corporation, the name of the corporation and the names, addresses, and telephone numbers of the corporate officers;
3. A description of the proposed entertainment;
4. A diagram of the location of the proposed entertainment; and
5. The address at which the applicant should be sent notice. (Ord. 1738 § 63 (part), 2012; Ord. 1601 § 37, 2000; prior code § 4-14.03)
5.32.040 Permits – Application – Hearings.
A. The council may either approve, deny, or conditionally approve the application for a permit at a hearing held no more than thirty days after receipt of a completed application accompanied by a filing fee in an amount set by resolution of the city council. The applicant shall receive at least five calendar days notice of the date and time of the hearing along with any written recommendation of staff and related material. At least five days prior to the hearing, the proposed entertainment location shall be conspicuously posted with a notice of the date, time and location of such hearing.
B. If no objections are received prior to or at the time of the scheduled hearing, the city council may act on the item under the consent calendar.
C. Notice of the city council’s decision shall be given to the applicant within five working days after the decision is rendered and shall state the reasons for the decision if the permit is denied or conditionally approved. The notice shall specify that the decision is final and that any petition for judicial review shall be filed within 90 days from the date of the decision in accordance with Code of Civil Procedure Section 1094.6, or in the case of a First Amendment activity, in accordance with Code of Civil Procedure Section 1094.8. (Ord. 1601 § 38, 2000; prior code § 4-14.04)
5.32.050 Permits – Grounds for denial or revocation.
The City Council may deny an original application, deny a renewal application, or uphold a revocation on appeal upon any of the following grounds:
A. That the business for which the entertainment permit is issued is being operated contrary to state laws, city laws or the conditions of the entertainment permit;
B. That the entertainment is contrary to zoning or off-street parking regulations;
C. That there are false statements in the application knowingly made;
D. That the entertainment is visible from a street or other public place, thereby causing traffic congestion or viewed by pedestrians interfering with the use of the sidewalks;
E. That there is inadequate lighting (less than three footcandles) on the entertainment site;
F. Repealed;
G. Where patron dancing is permitted, that the number of persons permitted to occupy a dance floor does not comply with the requirements set forth in the California Building Code, as adopted by Chapter 15.04 of this code, and, pursuant to the determination of the number of occupants for both dining and dancing by the building official and the fire marshal, the occupant of such structure has not posted a sign, in letters not less than three inches in height, in a conspicuous place in the structure or establishment stating the number of persons which may be permitted for dancing and the number of persons which may be permitted for dining within such structure;
H. Repealed;
I. That the advertising is misleading and may perpetuate a fraud upon the public;
J. That there has been illegal activity upon the premises, and the applicant or permittee has been negligent in allowing such activity;
K. Repealed;
L. That the applicant or permittee has allowed intoxicated persons on the premises;
M. That the applicant or permittee has allowed loud, raucous, or unnecessary noise, disturbed the peace, or interfered with the neighbors’ peaceful enjoyment of their property; or
N. That the applicant or permittee has allowed entertainment to take place in a place of business between the hours of two a.m. and six a.m. (Ord. 1601 §§ 39 and 40, 2000; Ord. 1592 § 1, 2000; prior code § 4-14.05)
5.32.060 Permits – Nontransferability – Posting.
Permits shall be nontransferable and shall be posted in a conspicuous place at the location where the entertainment is to take place. (Prior code § 4-14.06)
5.32.070 Permits – Renewal.
Entertainment permits shall be valid for one year from the date of issuance. Applications for renewal shall be filed with the community development department no later than two months prior to the expiration date and shall be accompanied by a fee in an amount set by resolution of the city council. The application shall be approved by the community development director if there are no proposed changes in operations and no objections or changes in conditions are submitted by the affected departments. If there are proposed changes in operations or objections or changes are submitted, the renewal permit shall be submitted to the city council. Additionally, city councilmembers shall be notified of the renewal applications and any councilmember may request that the matter be acted upon by the city council. Applications for renewal may be denied upon any of the grounds set forth in Section 5.32.050. (Ord. 1738 § 63 (part), 2012; Ord. 1726 § 28 (part), 2011; Ord. 1601 § 41, 2000; prior code § 4-14.07)
5.32.080 Permits – Suspension – Appeals.
A. The community development director may revoke an entertainment permit if s/he finds that any of the grounds set forth in Section 5.32.050 exist or that the entertainment constitutes a public nuisance.
B. Notice. The community development director shall give notice to the permittee of the violation(s) involved and set forth a period of time for the correction of the violation(s) if correction is possible. If the director finds that the violation(s) continue without correction, or if correction is not possible, then the director shall issue a notice of revocation which shall contain a statement of the violation(s). The director shall serve the notice of revocation on the permittee, as well as any other interested person requesting a copy of the same. The notice shall specify that the decision is final and conclusive in the absence of a timely appeal taken in the time and manner set forth in section 5.32.085. If the permit is being revoked due to an immediate danger to the public health and safety, the notice shall set forth the danger and provide that an appeal will not stay the revocation. (Ord. 1726 § 28 (part), 2011; Ord. 1601 § 42, 2000; prior code § 4-14.08)
5.32.085 Appeals.
A. Any person who is aggrieved by a determination made by the community development director pursuant to the provisions of this chapter may, within ten consecutive calendar days from the date of the notice, file a written appeal with the city clerk who shall set the matter for hearing before the city council.
B. The matter shall be set for hearing no more than thirty days from the receipt of the appeal. The appellant shall be provided with notice of the time and place of the hearing, as well as all relevant materials, at least five calendar days prior to the hearing. The hearing may be continued from time to time upon mutual consent.
C. At the time of the hearing, the appealing party, city staff and any other interested person may present such relevant evidence as they may have relating to the determination from which the appeal is taken.
D. Based upon the submission of such evidence, the review of the city’s files and inspection of the business, if appropriate, the city council shall issue a written notice and order upholding, modifying, or reversing the determination from which the appeal is taken and if appropriate, specifying the time period in which corrective actions must be taken. The notice shall be given within five working days after the conclusion of the hearing and shall state the reasons for the decision. The notice shall specify that the decision is final and that any petition for judicial review shall be filed within 90 days from the date of the decision in accordance with Code of Civil Procedure section 1094.6 or in the case of a First Amendment activity, in accordance with Code of Civil Procedure section 1094.8.
E. A timely appeal shall stay the order from which the appeal is being taken, unless the notice provides that a permit has been revoked, or other order made, due to an immediate danger to the public health and safety.
F. The appeal shall be accompanied by a filing fee in an amount set by resolution of the city council. (Ord. 1726 § 28 (part), 2011; Ord. 1601 § 43, 2000)
5.32.090 Reapplication.
No person shall apply for a permit which has been denied or revoked for a minimum of one year from the date that the denial or revocation is final. (Ord. 1601 § 44, 2000; prior code § 4-14.09)
5.32.100 Violation – Penalty.
Any violation of any of the requirements of this chapter, or of any of the grounds set forth in Section 5.32.050, or of any condition imposed by the council in approving an application or the renewal thereof shall be punishable as a misdemeanor as set forth in Chapter 1.16 of this code. (Prior code § 4-14.10)