Chapter 5.60
CABARETS*
Sections:
5.60.010 Permit—Required except where jukebox used and dancing prohibited.
5.60.020 Permit—Application—Filing—Forms.
5.60.030 Permit—Investigations required.
5.60.040 Permit—Investigations by police chief.
5.60.050 Permit—Investigations by fire chief, planning director and building inspector.
5.60.060 Permit—Reports required after investigations.
5.60.070 Permit—Continuance for correction of matters objected to.
5.60.090 Nonprofit organizations may be exempted by council.
5.60.110 Use of establishment as private club between two a.m. and six a.m.
* As to food and food establishments generally, see Ch. 8.08 of this code.
As to permitting minors to remain in taverns, etc., after curfew, see § 9.32.010.
5.60.010 Permit—Required except where jukebox used and dancing prohibited.
No person shall conduct, show, stage, perform, exhibit or produce any act, play, burlesque show, fashion show, revue, pantomime, scene, song, the playing of any musical instrument or dance act or song and dance act participated in by one or more persons, in any restaurant, hotel, cafe, cabaret, club, barroom, beer hall, beer garden or any other place, or allow dancing by patrons, where any alcoholic beverage is sold or offered for sale to patrons of such place for consumption on the premises, unless a valid license and permit to do so have been obtained as provided in this chapter. This section shall not apply where the only entertainment furnished is by recording machine commonly known as a jukebox, and where dancing is not permitted. (Prior code § 4.21: Ord. 80 § 1)
5.60.020 Permit—Application—Filing—Forms.
Applications for permits required under this chapter shall be filed with the city clerk on forms to be provided by the city. (Prior code § 4.23: Ord. 80 § 3)
5.60.030 Permit—Investigations required.
The city clerk shall refer all applications for the permit required under this chapter to the chief of police, fire chief, planning director, and building inspector for investigation and recommendation concerning what effect, if any, the issuance of such permit will have on the public peace, health, safety and general welfare of the city and its inhabitants. (Ord. 527 § 1 (part), 1965; prior code § 4.24: Ord. 80 § 7 (part))
5.60.040 Permit—Investigations by police chief.
The chief of police shall investigate and ascertain whether or not the applicant for the permit required under this chapter and all persons directly or indirectly interested in the permit or proposed business as owner, partners, officers, stockholders, disclosed or undisclosed beneficiaries of the assets or receipts thereof, the manager or other person to be in charge of the premises, is a person of good character and reputation and suitable for the issuance of such permit or permits, and if the premises are suitable and proper for such use. He shall also ascertain whether or not applicant or any of the persons, having an interest in the business directly or indirectly at the time, have had a license or permit for a similar business or a liquor license suspended, cancelled or revoked. If the chief of police finds that the issuance of the permit will not comport with the public peace or welfare, or that it will tend to create a public nuisance; or, that the character or reputation of applicant, its officers, manager or person having a substantial beneficial interest in said business, as to decency or maintenance of order is bad, or that they had a license or permit for a similar business or a liquor license suspended, cancelled or revoked, he shall recommend to the city council that the application be denied. (Prior code § 4.25: Ord. 80 § 7 (part))
5.60.050 Permit—Investigations by fire chief, planning director and building inspector.
The fire chief, planning director and building inspector within the scope, jurisdiction and duties of their particular departments, shall ascertain whether or not the premises to be used are suitable and proper and comply with the law for the issuance of the permit required under this chapter, and may include in their respective reports to the city council any information they may have regarding the character and reputation of the applicant, manager or other person to be in charge of the premises, or the person owning the business. If the fire chief, planning director or building inspector shall find after investigation on his part as provided in this section, that the premises do not comply with law or such use of the premises would result in a violation of law, he shall recommend to the city council that the application be denied. (Ord. 527 § 1 (part), 1965; prior code § 4.26: Ord. 80 § 7 (part))
5.60.060 Permit—Reports required after investigations.
The chief of police, fire chief, planning director and building inspector required to investigate applicants for a permit as required by Section 5.60.030 shall file with the city clerk their reports in writing, stating the extent of their investigations, sources of information, particulars of objections and their recommendations. (Ord. 527 § 1 (part), 1965; prior code § 4.27)
5.60.070 Permit—Continuance for correction of matters objected to.
For the purpose of permitting the applicant for a permit as required under this chapter to correct matters objected to under Sections 5.60.040 and 5.60.050, except improper zone, the city council may continue the application for not more than three weeks, and this period shall be excluded from the period within which the city council is to grant or deny the application. (Prior code § 4.28)
5.60.080 Permit—Revocation.
The city council is authorized for any cause which it may deem sufficient, to revoke at any time any license or permit issued under the provisions of this chapter. (Prior code § 4.31)
5.60.090 Nonprofit organizations may be exempted by council.
Nonprofit organizations may be exempted from the provisions of this chapter by special permission of the city council. (Prior code § 4.22)
5.60.100 Hours of operation.
It is unlawful for any person to conduct, show, stage, perform or produce any entertainment or dancing, between the hours of two a.m., and six a.m., in any establishment required to be licensed under this chapter. (Prior code § 4.29)
5.60.110 Use of establishment as private club between two a.m. and six a.m.
No person shall use any establishment required to be licensed under this chapter for the purpose of conducting a private club between the hours of two a.m., and six a.m. (Prior code § 4.30)