Chapter 5.16 ENTERTAINMENT LICENSE

1. Any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted or participated in by any professional entertainer in or upon any premises to which the public is admitted. Entertainment also includes a fashion or style show, except when conducted by a bona fide nonprofit club or organization, and when conducted solely as a fundraising activity for charitable purposes. The term “professional entertainer,” as used in this subsection, means a person or persons who engage for livelihood or gain in the presentation of entertainment. Entertainment does not include:

a. Mechanical music alone;

b. Instrumental music alone, except between the hours of 2:00 a.m. and 6:30 a.m. when the provisions of PMC 5.16.100 shall apply; or

c. Dancing participated in only by customers; however, this subdivision does not exempt exhibition dancing by a person receiving compensation for such exhibition dancing.

2. Entertainment also includes the act of any female, while visible to any customer, exposing any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breasts are below such straight line, or the wearing of any type of clothing so that such may be observed.

B. “Informal entertainment” means any act, play, review, pantomime scene, song, dance act, song and dance act, or poetry recitation, conducted or participated in by any nonprofessional person or persons in or upon any premises to which the public is admitted. (Ord. 29 § 1, 1981; CC §§ 21.280.1, 21.280.2, 21.280.3)

5.16.020 Class I entertainment license fee.

The annual fee for a class I entertainment license shall be established by City Council resolution from time to time. (Ord. 683 § 6, 2008; Ord. 29 § 1, 1981; CC § 21.280.5)

5.16.030 Class II entertainment license fee.

A. The annual fee for a class II entertainment license shall be:

1. The fees set forth in PMC 5.16.020; and

2. An additional fee as shall be established by City Council resolution from time to time.

B. Wherever the fees for a class II entertainment license have been paid by an applicant, no additional fee is required of the same applicant for a class I or class II entertainment license for the same location covered by the class II entertainment license. (Ord. 683 § 7, 2008; Ord. 29 § 1, 1981; CC § 21.280.6)

5.16.040 Class III entertainment license fee.

The annual fee for a class III entertainment license shall be $80.00 for the first year, and $40.00 for each annual renewal. (Ord. 29 § 1, 1981; CC § 21.280.7)

5.16.050 Exemption from fee.

No fee is required for a license for an entertainment at which no alcoholic beverage is sold or consumed where such entertainment is conducted by a bona fide charitable, religious, benevolent, patriotic, or educational organization, or by the United Service Organization. Any determination as to the exempt status of any applicant shall be made by the Issuing Officer. (Ord. 29 § 1, 1981; CC § 21.280.8)

5.16.060 Procedures.

The procedure to follow, except as otherwise provided in this chapter, in obtaining a license is that set forth in the uniform licensing procedure, set out in Chapter 5.04 PMC. (Ord. 29 § 1, 1981; CC § 21.280.9)

5.16.070 Additional reasons for denial of application.

In addition to the reasons stated in the uniform licensing procedure, the Issuing Officer shall have the power to deny any application if it appears that the applicant, or the person to have direct management of the premises, is not a suitable or proper person to have direct management of the premises, is not a suitable or proper person to carry on the business for which the license is sought, or if the premises proposed to be used in the conduct of the business to be licensed shall be deemed not to be a suitable or proper place therefor, or if the health, welfare or public morals of the community, warrant such denial. The Issuing Officer may issue the license upon such conditions as he determines would eliminate the situations which would otherwise result in denial of the license. (Ord. 29 § 1, 1981; CC § 21.281.5)

5.16.080 Mandatory denial.

In any case where an applicant knowingly or deliberately makes any material false statement on an application for a license, such application shall be denied. (Ord. 29 § 1, 1981; CC § 21.281.9)

5.16.090 Noise abatement.

Whenever, after a hearing notice of which must be given 10 days prior thereto, it is determined that noise from any establishment licensed under this chapter interferes with the right of persons dwelling in the vicinity of such establishment to the peaceful and quiet use and enjoyment of their property, the Council may require that the premises be soundproofed in a manner that in the judgment of the Council will be effective to eliminate the noise or reduce it to a reasonable level. In taking any action under this section, the Council must balance all of the interests of the respective parties, as well as the hardship which will result from any order. If the Council finds that the noise complained of is of minimum or inconsequential degree, no action shall be taken under this section. If a licensee fails, within a reasonable time and after having been ordered to do so pursuant to this section, to take such steps as were ordered to abate any noise, his license shall be suspended after a second hearing, 10 days’ notice of which must be given, until such time as he complies with the order. (Ord. 29 § 1, 1981; CC § 21.282.3)

5.16.100 Hours.

No entertainment other than mechanical music of any sort may be conducted in an establishment licensed pursuant to this chapter between the hours of 2:00 a.m. and 6:00 p.m. (Ord. 29 § 1, 1981; CC § 21.282.4)

5.16.110 Private club.

No establishment licensed pursuant to this chapter may allow the premises to be used for the purpose of conducting a private club between the hours of 2:00 a.m. and 6:30 a.m. (Ord. 29 § 1, 1981; CC § 21.282.5)

5.16.120 Minors.

No person under 21 years of age shall enter, be, or remain in or on any premises on or in which any “topless” entertainment, as defined in PMC 5.16.010(A)(2), is presented. A licensee shall not permit such a person to enter, be, or remain in or on such premises. (Ord. 29 § 1, 1981; CC § 21.282.6)

5.16.130 Persons intoxicated or under the influence of drugs.

It is unlawful for any person who is intoxicated or under the influence of any drug to appear in or be in any establishment licensed pursuant to this chapter. A person who conducts or assists in conducting any such establishment shall not permit any intoxicated person or person who is under the influence of any drug to appear, be, or remain at such place. (Ord. 29 § 1, 1981; CC § 21.282.7)

5.16.140 Exits.

No entertainment shall be permitted in any establishment where a license is required which does not provide unlocked doors with free and easy egress while patrons are in the establishment. (Ord. 29 § 1, 1981; CC § 21.282.8)

5.16.150 Visibility from the street.

There shall be no entertainment of any kind where an entertainment license is required which is visible at any time from the street, sidewalk or highway. (Ord. 29 § 1, 1981; CC § 21.282.9)

5.16.160 Solicitation of drinks.

No entertainment may be conducted in establishments where a license is required where employees solicit or accept drinks of alcoholic beverages from customers. (Ord. 29 § 1, 1981; CC § 21.283.1)

5.16.170 Gambling.

No entertainment may be conducted in any establishment where a license is required in which gambling in any form is permitted or tolerated, or in which there is kept any machine or machines or other device designed or commonly used for the purpose of gambling in any form. (Ord. 29 § 1, 1981; CC § 21.283.2)

5.16.180 Solicitation of trade.

No entertainment may be conducted in any establishment where a license is required at which solicitation of trade is made at or near the entrance, either by personal solicitation or otherwise, by means of any device whereby the voice of the person soliciting can be heard at or near the residence. (Ord. 29 § 1, 1983; CC § 21.283.3)

5.16.190 Indecent performance.

No entertainment may be conducted where an entertainment license is required in which any person participating directly or indirectly sings or speaks any obscene or indecent words, or performs any lewd or indecent acts. (Ord. 29 § 1, 1981; CC § 21.283.4)

5.16.200 Lighting.

Every establishment licensed pursuant to this chapter shall be lighted throughout to an intensity of not less than three foot-candles during all hours of operation except while the floor show is in progress. (Ord. 29 § 1, 1981; CC § 21.283.5)

5.16.210 Parking lot.

Every person operating an establishment licensed pursuant to this chapter, who owns, operates, or controls any parking lot adjacent to such establishment and used in connection therewith, shall adequately and uniformly light such parking lot to an intensity of not less than two foot-candles. (Ord. 29 § 1, 1981; CC § 21.283.6)

5.16.220 Number of employees.

At every establishment licensed pursuant to this chapter having a capacity of not less than 200 persons, not less than one employee for the first 200 persons, and one additional employee for each additional 100 persons who could be accommodated, whether actually present or not, shall be constantly in attendance during the entire time that any entertainment is in progress, and shall devote their entire time and attention to the keeping of order, the checking of the admission of minors, and seeing to it that all provisions of this chapter are complied with. The Issuing Officer may require such additional employees or guards on an individual basis as the Issuing Officer deems in the public interest. (Ord. 29 § 1, 1983; CC § 21.283.7)

5.16.230 Miscellaneous rules.

No professional entertainer or employee may dance, unnecessarily converse, or associate with any customer during any entertainment period, and not at all except in a formal manner; provided, however, that a regularly scheduled audience participation type of entertainment may be presented during the time stated and in the manner described in an advertisement posted at the premises and appearing in a regularly printed program; provided further, that a copy of said advertisement shall be received by the Issuing Officer 24 hours prior to the conducting of said audience participation entertainment. This section shall not apply to establishments having a class III entertainment license. (Ord. 29 § 1, 1981; CC § 21.283.8)

5.16.240 Deputies – Inspection.

The deputies of the City, in addition to their several other duties, shall inspect any and all establishments licensed pursuant to this chapter. (Ord. 29 § 1, 1981; CC § 21.283.9)

5.16.250 Chief of Police – Admission.

The Chief of Police and/or his deputies shall be permitted by every licensee to enter free of charge any establishment licensed pursuant to this chapter for the purpose of inspection. (Ord. 29 § 1, 1981; CC § 21.284.1)

5.16.260 Applicability.

The provisions of PMC 5.16.270 and 5.16.280 shall apply only to those establishments required to have a class II entertainment license. (Ord. 29 § 1, 1981; CC § 21.284.2)

5.16.270 Additional grounds for suspension or revocation.

In addition to the grounds for the suspension or revocation of a license set forth elsewhere in this chapter, the provisions of Section 24200 of the Business and Professions Code of California are hereby made applicable to licenses under this chapter. (Ord. 29 § 1, 1981; CC § 21.284.3)

5.16.280 Regulation of signs.

A. Signs shall be in conformance with regulations in PMC Title 17.

B. No sign or signs which in whole or in part depict the human form or any portion or portions thereof, whether clothed or unclothed, shall be maintained erected, used, or placed upon or adjacent to the outside of any building or in connection with any premises therein licensed pursuant to this chapter.

C. No sign or signs which in whole or in part advertise any “topless” entertainment, using the word “girls” or words of like or similar import, except the words “topless entertainment,” shall be maintained, erected, used, or placed upon or adjacent to the outside of any building or in connection with any premises therein licensed pursuant to this chapter. (Ord. 123 § 3, 1984; Ord. 29 § 1, 1981; CC §§ 21.284.4, 21.284.5, 21.284.6)

5.16.290 Entrance sign.

A. Every establishment licensed pursuant to PMC 5.16.010(A)(2) shall place at or near the entrance to the licensed establishment a sign of not more than 225 square inches and not less than 144 square inches upon which is written:

WARNING: This establishment offers “topless” entertainment. If you would be offended, do not enter.

B. Such sign shall be illuminated to an intensity of not less than 10 foot-candles, and shall be clearly visible to any person entering the licensed establishment before such person enters the area where entertainment is conducted. (Ord. 29 § 1, 1981; CC § 21.284.7)

5.16.300 Attire.

No person shall enter, be, or remain in any establishment licensed pursuant to this chapter or required to be licensed pursuant to this chapter, except when attired in such a manner that the pubic area, private parts and the crease of the buttocks are completely covered and are not visible to the human eye. (Ord. 29 § 1, 1981; CC § 21.284.8)

5.16.310 Manager.

All establishments licensed or required to be licensed under this chapter shall have a manager on the premises at all times when entertainment is being conducted. Such manager shall be registered with and approved by the Issuing Officer. (Ord. 29 § 1, 1981; CC § 21.284.9)

5.16.320 Registration of female entertainers.

Repealed by Ord. 691. (Ord. 29 § 1, 1981; CC § 21.285.1)

5.16.330 Additional data.

Any person registering under PMC 5.16.320 shall, in addition to the information required thereby, provide the Issuing Officer with a recent photograph, which photograph may be taken by the Issuing Officer, and a complete set of such person’s fingerprints. The fingerprints required under this section will be taken by the Chief of Police and forwarded to the Federal Bureau of Investigation, Identification Division, for search. (Ord. 29 § 1, 1983; CC § 21.285.2)

5.16.340 Registration required before employment.

Repealed by Ord. 691. (Ord. 29 § 1, 1981; CC § 21.285.3)

5.16.350 Additional reasons for denial of registration.

The procedure to follow, except as otherwise provided, in obtaining registration is that set forth in the uniform licensing procedure, set out in Chapter 5.04 PMC. In addition to the reasons stated in the uniform licensing procedure, the Issuing Officer may deny a registration when:

A. The applicant has been convicted of a crime involving lewd, lascivious or obscene conduct; including, but not limited to, Sections 311.6, 314, 315, 316, 318 or subdivisions (a), (b) or (d) of Section 647 of the Penal Code.

B. The applicant has been convicted of a crime which required the applicant to register under the provisions of Section 290 of the Penal Code. (Ord. 29 § 1, 1981; CC § 21.285.4)

5.16.360 Motion pictures prohibited.

No person or persons licensed pursuant to this chapter or required to be licensed under this chapter shall show, project or permit to be shown or provided in any establishment licensed pursuant to this chapter or required to be so licensed, any motion picture, still picture, or slide, the main subject of which is the depiction of the human body, or any portion thereof, whether clothed or unclothed, unless and until the license of such establishment is specifically endorsed by the Issuing Officer to permit such showing. (Ord. 29 § 1, 1981; CC § 21.285.5)

5.16.370 Multiple license waiver.

In any case where a licensee is required to have both a class II entertainment license and a class I or class III entertainment license, the Issuing Officer may waive the requirements of PMC 5.16.370. Any such waiver must be endorsed by the license affected thereby. (Ord. 29 § 1, 1981; CC § 21.285.6)

5.16.380 Going business – Extension of time.

Any person who on the effective date of the ordinance codified in this chapter is conducting, permitting or assisting in conducting or permitting any entertainment as defined in PMC 5.16.010 to be shown, staged, exhibited or produced in any premises to which the public is admitted may continue operation but shall within 60 days from said date make application pursuant to the provisions of this chapter. (Ord. 29 § 1, 1981; CC § 21.285.7)