Chapter 5.08
AMUSEMENT AND ENTERTAINMENT
Sections:
5.08.040 Application for permit.
5.08.045 Permit--Application--Fee.
5.08.070 Procedure of hearing.
5.08.090 Council may impose conditions upon permits.
5.08.100 Suspension--Revocation of permit.
5.08.130 Hours of operation of business selling alcoholic beverages.
5.08.010 Permit required.
No person shall operate, conduct, or manage any public place where food or beverages are sold, offered for sale, or given away, and where any form of entertainment is provided or furnished without first obtaining a permit so to do as hereinafter provided in this chapter. (Ord. 56 I, 1966)
5.08.020 Entertainment.
“Entertainment” means every form of live entertainment, music, solo band or orchestra, act, play, burlesque show, fashion show, review, pantomime, scene, song or dance, act or song, and dance act, or any other act of performance participated in by one or more persons for the purpose of holding the attention of, gaining the attention and interest of, diverting or amusing guests or patrons, and includes any of such forms of live entertainment when used in connection with or as a means to attract the patronage or hold the attention of such guests or patrons for the purpose of advertisement, demonstration, display, or sale of goods, wares, merchandise, or services. (Ord. 56 2, 1966)
5.08.030 Exclusions.
The provisions of this chapter shall not be deemed to require a permit for the following:
(1) For the use of a radio, music recording machine or juke box in any establishment;
(2) For any entertainment provided for members and their guests at a private club where admission is not open to the public;
(3) For entertainment conducted in connection with a regularly established motion picture theater, recreation park, circus, or fairground;
(4) For entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent, charitable, dramatic or literary purposes having an established membership and which holds meetings other than such entertainment at regular intervals, when proceeds, if any arising from such entertainment are used for the purpose of such club, society or association;
(5) For entertainment provided solely by a piano player playing music for the amusement of guests or patrons of an establishment;
(6) For entertainment conducted solely on or at any premise or location which is owned or operated by, or leased by, to or from the United States, state of California, county of Riverside, or any agency or subdivision thereof;
(7) For adult entertainment establishments thereto. (Ord. 479 Exhibit A 3, 1983; Ord. 56 3, 1966)
5.08.040 Application for permit.
Applicants for entertainment permits shall file a written, signed and verified application with the city manager showing:
(1) The name and permanent address of applicant;
(2) The name and proposed business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its article of incorporation and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than twenty-five percent of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners;
(3) A detailed description of the proposed entertainment, including type of entertainment, number of persons engaged in the entertainment, and any further information about the entertainment or entertainers, as the city manager may deem necessary;
(4) The date, hours and location where the entertainment is proposed to be conducted, and the admission fee, if any, to be charged;
(5) The name or names of the person or persons having the management or supervision of applicant’s business and of any entertainment;
(6) A statement of the nature and character of applicant’s business if any, to be carried on in conjunction with such entertainment;
(7) Whether or not the person or persons having the management or supervision of applicant’s business have been convicted of a crime, the nature of such offense, and the sentence received therefore;
(8) Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant’s business as the city manager may deem necessary. (Ord. 56 4, 1966)
5.08.045 Permit--Application--Fee.
Application for an entertainment permit shall be made as provided for in this Chapter 5.08 and shall be accompanied by such fee as has been established by resolution of the City Council, which fee shall be used to defray the City’s expenses in processing the application. (Ord. 783, 2001; Ord. 610, Sec. 2, 1990)
5.08.050 Investigation.
After the application for an entertainment permit has been filed with the city manager, he shall cause an investigation to be made of such application, and after such investigation has been completed he shall cause the application to be set for hearing before the city council and shall notify the applicant of the date of such hearing. (Ord. 56 5, 1966)
5.08.060 Hearing notice.
After the city manager has set the application for hearing he shall cause notice of the hearing to be given to all property owners within three hundred feet of the proposed or actual location of the applicant’s business. For the purpose of this section, notice to property owners shall be sufficient if given to those property owners who appear as such on the last equalized assessment roll on file with the city. Additionally, the city manager shall cause a public notice to be posted at the location where the business or entertainment is to be conducted. All notices provided for in this section shall be in the form and manner as determined by the city manager. The applicant shall bear all costs and expenses in mailing, printing, publishing and posting such notices and shall pay such costs to the city prior to the time set for public hearing as to his application. Failure to pay such costs by the applicant shall be grounds to deny his application. (Ord. 56 6, 1966)
5.08.070 Procedure of hearing.
At the time and place set for public hearing as to any application, the city council shall hear and determine all the facts and evidence relevant to the nature and location of the proposed entertainment and the character reputation and moral fitness of those who will conduct, participate in, or be in charge of such entertainment. (Ord. 56 7, 1966)
5.08.080 Findings at hearing.
At the conclusion of the hearing before the city council, the city council may deny an application for an entertainment permit, if it finds and determines any of the following:
(1) That the conduct of entertainment, as proposed by the applicant, if permitted, would not comply with all applicable laws, included but not limited to the city’s building, zoning and health regulations; and
(2) That the applicant, and any other person who will be directly engaged in the management and operation of the place of entertainment, other than one who participates in an act of entertainment:
(A) Has been convicted in a court of competent jurisdiction, by final judgment, of:
(i) An offense involving the presentation, exhibition, or performance of an obscene production, motion picture, play or act or
(ii) An offense involving lewd conduct or
(iii) An offense involving use of force and violence upon the person of another or
(iv) An offense involving misconduct with children or
(v) (Repealed by Ord. 783, 2001)
(B) Has allowed or permitted acts of sexual misconduct to be committed in prior business operations; and
(3) That the normal operation of the proposed entertainment at the proposed location would interfere with the peace and quiet of any surrounding residential neighborhood; and
(4) That the applicant has knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the city in conjunction therewith. (Ord. 118 2, 1970: Ord. 56 8, 1966)
5.08.090 Council may impose conditions upon permits.
After the public hearing as to any application, the city council in granting any permits may also impose such reasonable conditions as to the use or extent of such permit as it deems appropriate. (Ord. 56 9, 1966)
5.08.100 Suspension--Revocation of permit.
After notice and hearing pursuant to the procedures provided in Sections 5.08.050 through 5.08.070, the city council may suspend or revoke any permit issued under this chapter, if it finds and determines that:
(1) The entertainment as conducted by permittee, his agent or employee, or any person connected or associated with the permittee as partner, director, officer, general manager or other person, who is exercising managerial authority of, or in behalf of permittee or any entertainer, acting under the authority of such permit, does not comply with all applicable laws, including but not limited to the city’s building, zoning and health regulations; or
(2) Permittee, his agent or employee, or any person connected or associated with the permittee as partner, director, officer, general manager or other person, who is exercising managerial authority of, or in behalf of permittee, or any entertainer, acting under the authority of such permit, has:
(A) Knowingly made any false, misleading or fraudulent statement of fact in the permit application, or any document required by the city in conjunction therewith, or
(B) Been convicted in a court of competent jurisdiction by final judgment of:
(i) An offense involving the presentation, exhibition, or performance of any obscene production, motion picture, play or act or
(ii) An offense involving lewd conduct or
(iii) An offense involving use of force and violence upon the person of another or
(iv) An offense involving misconduct with children,
(C) Allowed or permitted acts of sexual misconduct to be committed at the place of entertainment, or
(D) Violated or broke any conditions imposed by the city council concerning the permit or the entertainment allowed thereunder. (Ord. 479 Exhibit A 4, 1983; Ord. 118 3, 1970: Ord. 56 10, 1966)
5.08.110 Permit fee.
The fee for an entertainment permit shall be twenty-five dollars payable annually on or before July 1st of each and every year. Such permit shall be in addition to any business license fee as may be required by the business license ordinance of the city. (Ord. 62 I, 1966: Ord. 56 Il, 1966)
5.08.120 Filing application.
All persons who are required to file for and obtain an entertainment permit by reason of the provisions of this chapter shall have to and including August 15, 1966, within which to file their applications for an entertainment permit with the city manager. (Ord. 36 12, 1966)
5.08.130 Hours of operation of business selling alcoholic beverages.
No place of business that is licensed to engage in the sale of alcoholic beverages for human consumption shall remain open to the public between the hours of two a.m. and six a.m., for the purpose of sale of alcoholic beverages, provided that dancing is permitted between two a.m. and four a.m. on Saturdays and Sundays at such establishment. (Ord. 385 I, 1977: Ord. 56 13, 1966)