Chapter 5.60
PUBLIC ENTERTAINMENT
Sections:
5.60.030 Permit – Assignability or transferability, etc.
5.60.040 Filing of application for permit.
5.60.060 Verification of application.
5.60.070 Referral notices and reports.
5.60.080 Notice of hearing on application for permit.
5.60.090 Denial of application upon appearance of certain facts.
5.60.100 Suspension, revocation of permit.
Cross references – Regulations relative to loudspeakers or sound amplifiers, SCCC 9.05.060. Regulations relative to public entertainment generally, Chapter 5.61 SCCC.
5.60.010 Permit – Required.
No person shall conduct, permit, or assist in conducting or permitting any entertainment for which a license is required pursuant to Chapter 3.40 SCCC, to be shown, staged, exhibited or produced in any premises to which the public is admitted without first applying for and receiving a permit therefor in writing from the City Council. (Ord. 1182 § 3, 2-13-68. Formerly § 22-1).
5.60.020 Permit – Duration.
All permits shall be issued for the term of the Class II entertainment license required by Chapter 3.40 SCCC but not to exceed one year in duration, and only after being approved by the City Council and approved and countersigned by the Chief of Police, or such other City officer or officers as directed by the City Council. (Ord. 1182 § 3, 2-13-68. Formerly § 22-2).
5.60.030 Permit – Assignability or transferability, etc.
Permits issued under the provisions of this chapter shall not be sold, assigned or transferred without the consent of the City Council, nor shall such be attempted, and any violation of this section shall be grounds for the revocation of such permit, and the assignee of such permit shall have no right to conduct any entertainment pursuant to any such assigned permit. (Ord. 1182 § 3, 2-13-68. Formerly § 22-3).
5.60.040 Filing of application for permit.
(a) Every person desiring a permit pursuant to this chapter shall file an application with the Director of Finance upon a form provided by said Director of Finance, and shall pay an inspection fee of five dollars ($5.00) to the Director of Finance, no part of which shall be refundable.
(b) The license fees for entertainment, as prescribed in Chapter 3.40 SCCC, and any amendments thereto shall be in addition to the foregoing investigation fee, and if applicable, shall be paid before a permit is issued. (Ord. 1182 § 3, 2-13-68. Formerly § 22-4).
5.60.050 Application form.
Except as otherwise provided herein an application for a permit pursuant to the provisions of this chapter shall specify:
(a) The address of the location for which the license is required, together with the business name of such location.
(b) The name and proposed business address of the applicant. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation; and the applicant shall also set forth the date and place of incorporation, the names and residence addresses of each of the officers, directors, and each stockholder owning more than ten percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply.
(c) Whether or not the applicant or any officer or director or member of applicant, as the case may be, has ever been convicted of any crime except misdemeanor traffic violations. In addition to the foregoing, any corporate applicant whose securities have been conditioned by the Commissioner of Corporations pursuant to Section 25141 of the Corporations Code of California, will state whether or not any stockholder owning more than ten percent of the stock of such corporation has ever been convicted of any crime except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the name of the person so convicted, the place and court in which the conviction was obtained, and the sentence imposed as a result of said conviction.
(d) The names and addresses of the persons who have authority or control over the place for which the license is requested, and a brief statement of the nature and extent of such authority or control.
(e) The name and address of each of the owners of the premises upon which the licensed activity is to be conducted, if the applicant is leasing such premises from the owner.
(f) Such information pertinent to the operation of the proposed activity, including information as to management, authority, control, financial agreements, and lease arrangements, as the Chief of Police may require of an applicant in addition to the other requirements of this section. The foregoing examples are in explanation and not in limitation of the information which the Chief of Police may require.
(g) The address to which notice, when required, is to be sent or mailed, and the name and address of a person authorized to accept service of process, if not otherwise set forth herein.
(h) Whether the application is for a new license or for the renewal of an existing license. (Ord. 1182 § 3, 2-13-68. Formerly § 22-5).
5.60.060 Verification of application.
Every application for a permit under this chapter shall be verified as provided in the California Code of Civil Procedure for the verification of pleadings. (Ord. 1182 § 3, 2-13-68. Formerly § 22-6).
5.60.070 Referral notices and reports.
(a) The Director of Finance shall file the original of the application for any entertainment permit with the City Council and transmit a copy of every application for any entertainment permit to the City Manager, and to such other departments as may be from time to time designated by the City Council.
(b) Every officer and department to which an application is referred may require such additional information pertinent to the activity of an applicant as he deems necessary and shall advise, in writing, the City Council of all material facts which such officer or department considers necessary or advisable for assisting the City Council in determining whether a permit should be granted or denied, or otherwise conditioned or modified. Such officer or department may also give a recommendation in writing to the City Council for the issuance, modification, or denial of any permit. (Ord. 1182 § 3, 2-13-68. Formerly § 22-7).
5.60.080 Notice of hearing on application for permit.
When application is filed for a permit under this chapter, the City Council shall fix a time and place for a public hearing thereon. Not less than ten days before the date of such hearing, the City Council shall cause to be posted by the City Clerk a notice of such hearing in a conspicuous place on the property in which or on which the proposed entertainment is to be conducted. Such notice shall set forth the specific type of entertainment which the applicant intends to conduct. Furthermore, the City Council shall cause the City Clerk to give notice by mail to all property owners within three hundred (300) feet of the proposed business. The applicant shall bear all expenses involved in printing, mailing and posting such notice. Any property owner or interested person may file written objections or appear in person at the hearing. Any defect or error appearing in any such notice or failure to mail such notice to all of said persons shall not divest the City Council of jurisdiction to conduct the hearing required to be held. (Ord. 1182 § 3, 2-13-68. Formerly § 22-8).
5.60.090 Denial of application upon appearance of certain facts.
At the hearing on the application for an entertainment permit, the City Council may consider the reports of any City departments or officers submitted to it, and hear any interested party on the application. The following conclusions of fact, if made to appear during the hearing, shall be cause to deny the application:
(a) The applicant is not of good moral character; for example, he/she has sustained a conviction on a matter pertaining to the entertainment business within the previous five years to the date of application; or the premises in respect to which the permit is to be issued do not comply with the provisions of this chapter or any other applicable ordinances of the City.
(b) That the conducting of such entertainment in the premises for which a permit is sought will be injurious to the public health, safety, welfare or morals of the people of the City. In passing upon this phase of the matter, the City Council shall take into consideration the location of the premises for which a permit is sought with reference to proximity of schools, residences and other structures, the occupants and users of which may be disturbed or injuriously affected by the conducting of such entertainment upon such premises or by the persons in attendance at such entertainment.
(c) That the applicant has had a permit under the provisions of this chapter revoked.
(d) That the premises for which such permit is sought for the proposed conducting of such entertainment therein violates any building, zoning, health, safety or police ordinance of the City or any law in the State or of the United States. (Ord. 1182 § 3, 2-13-68. Formerly § 22-9).
5.60.100 Suspension, revocation of permit.
In the event that any person holding a permit to carry on an entertainment shall in the judgment of the City Council violate any of the provisions of this chapter, or fail to comply with any ordinance or State law applicable to his/her business, the City Council may suspend or revoke the permit issued for the conducting of such entertainment. (Ord. 1182 § 3, 2-13-68. Formerly § 22-10).
5.60.110 General regulations.
The following regulations shall apply to all permits issued pursuant to this chapter:
(a) Posting Permit. Permits shall be posted in a conspicuous place on the premises for which such permits are issued and shall remain posted at all times.
(b) Minor. No person under twenty-one (21) years of age shall enter, be, or remain in or on any premises in which entertainment of the type to be licensed in Chapter 3.40 SCCC is presented. A permittee shall not permit such a person to enter, be, or remain in or on any such premises.
(c) Visibility from the Street. There shall be no entertainment of the type to be licensed in Chapter 3.40 SCCC which is visible at any time from the street, sidewalk, or highway.
(d) Regulation of Signs. No sign or signs which in whole or in part advertise any entertainment of the type to be licensed in Chapter 3.40 SCCC, and exceed in area seven hundred twenty (720) square inches shall be maintained, erected, or placed upon, on, or adjacent to the outside of any building and in connection with any premises to which a permit is issued pursuant to the provisions of this chapter. 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 to which a permit has been issued pursuant to SCCC 5.60.010. No sign or signs which in whole or in part advertise any entertainment of the type to be licensed by Chapter 3.40 SCCC, using the word "girl" 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 to which a permit is issued pursuant to SCCC 5.60.010. All signs must comply with the "sign ordinance" of the City.
(e) Entrance Sign. Every establishment to which a permit is issued pursuant to the provisions of SCCC 5.60.010 shall place at or near the entrance of the establishment a sign not more than four hundred thirty-two (432) square inches and not less than two hundred twenty-five (225) square inches upon which is written in one-inch block letters: "Warning. This establishment offers "topless" entertainment. If you would be offended do not enter." Such sign shall be illuminated and shall be clearly visible to any person entering the establishment. All signs must comply with Chapter 18.80 SCCC, Sign Regulations.
(f) Registration of Female Entertainers. No female shall conduct or participate in any entertainment of the type to be licensed in Chapter 3.40 SCCC unless and until such female has registered in person with the Chief of Police and completed the registration form provided by the Chief of Police. Any person registering under this subsection shall specify:
(1) Her name and resident address;
(2) Her social security number and driver's license number, if any;
(3) Whether she has been convicted of any crime except misdemeanor traffic offenses, including the place and date of conviction, the charge under which the conviction was obtained, and the sentence imposed;
(4) A recent photograph and a complete set of fingerprints.
(g) Registration Required Before Employment. No person shall employ any female to participate in or conduct any entertainment of the type to be licensed in Chapter 3.40 SCCC unless and until such female has registered with the Chief of Police pursuant to the provisions of this section and until written notification has been received from the Chief of Police that such female has duly registered. The Chief of Police's notices of registration shall be maintained by the employer at the place of business and be available for inspection at all times.
(h) Notice of Registration Prohibited. The Chief of Police shall not send any notification of registration as required by subsection (g) of this section, where the subject of such registration has been convicted of a crime requiring registration under Section 290 of the Penal Code, or of any violation of Sections 311, 315, 316 or 318 of the Penal Code. (Ord. 1182 § 3, 2-13-68. Formerly § 22-11).