Chapter 9
ENTERTAINMENT*
Sections:
5-9.02 Entertainment: Permits required.
5-9.04 Nonprofit organizations exempt.
5-9.05 Permits: Written applications required.
5-9.06 Permits: Applications: Contents.
5-9.15 Permits: Assignment prohibited.
5-9.16 Posting rules and regulations.
5-9.20 Provisions supplemental to other Code provisions.
5-9.23 Public nuisances: Abatement.
* Chapter 9 entitled “Dances”, codified from Ordinance No. 430 N.C.S., as amended by Ordinance No. 64 C-M, effective July 25, 1963, repealed by Ordinance No. 671-85 C-M, effective June 27, 1985.
5-9.01 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Appellant” shall mean a person who perfects an appeal pursuant to this chapter.
(b) “Applicant” shall mean a person, firm, corporation who or which files an application for a new or renewal permit as provided in this chapter.
(c) “Day” shall mean a calendar day.
(d) “Entertainment” shall mean:
(1) Any live act, play, review, exhibition, pantomime, scene, show dance, or song and dance act performed by one or more persons for the general public on private property, except a home or private dwelling, whether or not such persons are compensated for such performances; or
(2) Any form of live music, band, or live vocal or instrumental sound performed by one or more persons for the general public on private property, except a home or private dwelling, whether or not such persons are compensated for such music; or
(3) Any form of dancing upon private property, except a home or private dwelling, by patrons thereof, including, but not exclusive to, a dancing academy and dance hall; or
(4) Any professional or amateur sparring or boxing exhibition; or
(5) Any fashion or style show, except when such show is conducted by a person as a part of a commercial business on premises which primarily involve the sale or manufacture of clothing or wearing apparel.
(e) “Lewd conduct” shall mean, but shall not be limited to, any violation of Section 288, 288(a), 311.6, 314, 647(a), or 647(b) of the Penal Code of the State or any violation of similar statutes in other jurisdictions.
(f) “Nonprofit corporation” shall mean any religious, governmental, or nonprofit organization which operates without private profit for a charitable, educational, fraternal, or religious purpose which corporation has been declared exempt from franchise taxes by the Franchise Tax Board of the State.
(g) “Notice” shall mean a 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 such person’s last known address. 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.
(h) “Performer” shall mean any person who performs any entertainment.
(i) “Permittee” shall mean any person, firm, or corporation who or which shall be granted a permit as provided in this chapter and such person’s agents and representatives.
(j) “Person” shall mean a natural person, firm, corporation, or association.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.02 Entertainment: Permits required.
It shall be unlawful for any person conducting, operating, owning, or in control of any premises open to the public or a private club to allow any entertainment upon the premises, or in or upon any adjoining room or premises, unless such person holds a valid permit therefor pursuant to the provisions of this chapter.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.03 Accessories.
It shall be unlawful for any person:
(a) To perform any entertainment on premises which do not have the required entertainment permit when such person has knowledge of the lack of such permit; or
(b) To assist, permit, or counsel any person to violate any provision of this chapter.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.04 Nonprofit organizations exempt.
An entertainment permit shall be required for any bona fide nonprofit organization, but no fee shall be charged to such organization.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.05 Permits: Written applications required.
An application for an entertainment permit or the renewal of such permit shall be filed with the Administrative Services Director at least thirty (30) days in advance of the term, date, or dates for which the application is made, shall be in writing on forms provided by the City, shall be in duplicate, and shall be accompanied by the appropriate fee. The application and renewal fees for an entertainment permit shall be set by resolution of the Council. Fees are established to cover part of the cost of the investigation and processing of applications and shall not be refundable. Applications shall be verified as provided by the Code of Civil Procedure of the State for the verification of pleadings.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.06 Permits: Applications: Contents.
Each application for an entertainment permit shall contain:
(a) A complete identification of the applicant;
(b) The names, residential addresses, business addresses, and telephone numbers of any copartners. including limited partners, or, if the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation, together with the date and place of incorporation, and the names and residence addresses of each of the officers, directors, and each stockholder owning more than ten (10%) percent of the stock of the corporation. If one or more of the partners is a corporation, the provisions of this subsection pertaining to a corporate applicant shall apply;
(c) The names, residential addresses, business addresses, and telephone numbers of the managers and persons to be in charge;
(d) The name, residential address, business address, and telephone number and written consent of the owner of the premises, who shall give consent to entertainment being conducted upon the premises by signing the application in the space provided;
(e) The address and the particular room or rooms for which the permit is required, the square foot area thereof to be used for dancing or entertainment, and the seating capacity;
(f) The exact nature of the proposed business for which the permit is requested and the name under which it is to be operated;
(g) Whether or not any person referred to in subsection (a), (b), (c), or (d) of this section has had a permit for the same or any similar business suspended or revoked anywhere and, if so, the circumstances of such suspension or revocation. The suspension or cancellation of a liquor license shall be considered as being included within the purposes of this subsection;
(h) Whether or not any person referred to in subsection (a), (b), (c), or (d) of this section has ever been arrested for other than a Vehicle Code violation and, if so, the details of the arrest and the nature of the charge and its disposition;
(i) A statement in detail of the kind of entertainment which is to be conducted on the premises;
(j) The hours of operation; and
(k) Such other related information as the Chief of Police may require.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.07 Notice of changes.
Whenever any change occurs relating to the written information required by Section 5-9.06 of this chapter, the applicant or permittee shall give notification of such change to the Police Department and Administrative Services Director within twenty (20) days after such change or at any hearing conducted pursuant to this chapter if such hearing is conducted before the required notification has been given.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.08 Investigations.
The Police Department shall conduct an appropriate investigation to determine whether an entertainment permit should be issued in accordance with the provisions of this chapter as set forth in Sections 5-9.09 through 5-9.11 of this chapter. The Chief of Police may request the assistance of any City department for the purpose of such investigation and shall consider any relevant factual material relating to such application. The Police Department may cause the fingerprints to be taken of any person referred to in subsection (a), (b), (c), or (d) of Section 5-9.06 of this chapter.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.09 Inspections.
The Police Department shall inspect any and all establishments licensed pursuant to this chapter. As an express condition to every entertainment permit, police officers and any official City inspector shall be allowed by every permittee to enter free of charge for the purpose of inspecting any establishment licensed pursuant to this chapter.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.10 Permits: Approval.
After an investigation, the Chief of Police shall approve the application for the entertainment permit or the renewal of such permit upon finding that:
(a) A completed written application form therefor has been filed; and
(b) The required fee therefor has been paid to the Administrative Services Director; and
(c) As a result of such investigation all applicable provisions of this chapter with regard to such permit application have been met; and
(d) That the operation by the applicant will be carried on in a building, structure, and location which complies with and meets all of the health, zoning, fire, building, and safety requirements and standards of the laws of the State and the City applicable to such business operation; and
(e) That the applicant, employees, agents, or any person connected or associated with the applicant as a partner, director, officer, stockholder, or manager has not been convicted in a court of competent jurisdiction by final judgment, within the last ten (10) years, of:
(1) An offense involving the presentation, exhibition, or performance of an obscene production, motion picture, or play; or
(2) An offense involving lewd conduct; or
(3) A felony offense involving the use of force and violence upon the person of another; and
(f) That the applicant, employees, agents, or any person connected or associated with the applicant as a partner, director, officer, stockholder, or manager has not knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or record required to be filed with any City agency; and
(g) That the applicant has not had a similar type permit previously revoked for good cause within the past year, unless the applicant has shown a material change in circumstances since the date of revocation.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.11 Permits: Conditions.
(a) Upon the approval of the application for an entertainment permit or the renewal of such permit, the Chief of Police shall issue such permit to the applicant upon such special terms and conditions and restrictions not in conflict with any paramount law and as may be necessary to protect the public peace, health, safety, or general welfare of the City or its inhabitants.
(b) As a condition to such permit, the Chief of Police may require that one or more uniformed or non-uniformed security guards, satisfactory to the Chief of Police, be hired by the applicant to supervise conduct at the entertainment activity. Such condition may be imposed and/or modified at any time during the term of the permit.
(§ l, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.12 Notices of decisions.
Notice of the decision of the Chief of Police with reference to a permit application pursuant to this chapter shall be given to the applicant or to any other person requesting such notice within twenty (20) days after the receipt of an application for a permit or the renewal of such permit.
(§ l, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.13 Permits: Terms.
The term, date, or dates for the permitted entertainment shall be determined by the Chief of Police and written upon the permit when issued. No permit shall be issued for a period of time in excess of one year.
(§ 1, Ord. 671-83 C-M, eff. June 27, 1985)
5-9.14 Permits: Display.
Every person holding a permit issued pursuant to this chapter shall keep the permit posted in a conspicuous place upon the licensed premises in open and clear view.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.15 Permits: Assignment prohibited.
The assignment or attempt to assign any permit issued pursuant to this chapter shall be unlawful, and any such assignment or attempt to assign a permit shall render the permit null and void.
(§ l, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.16 Posting rules and regulations.
Every person holding a permit issued pursuant to this chapter shall keep such general rules and regulations as may be adopted by resolution of the Council posted immediately adjacent to the permit in a conspicuous place upon the licensed premises in an open and clear view of the customers.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.17 Rules and regulations.
It shall be unlawful for any person to violate any of the following rules and regulations:
(a) To post or cause to be posted any sign or handbill in violation of Chapter 32 of this title which may relate to an entertainment event;
(b) For any person employed in any establishment for which a permit is required by this chapter to solicit drinks of alcoholic beverages from any customer while so employed;
(c) To conduct, show, stage, perform, produce, or permit any entertainment between the hours of 1:00 a.m. and 10:00 a.m. of any day in any establishment for which a permit is required by this chapter, except by specific prior written authorization from the Chief of Police and under the conditions therein set forth;
(d) To conduct or permit any dancing between the hours of 1:00 a.m. and 10:00 a.m. of any day; and
(e) Every person or performer engaged as a principal in a boxing or sparring exhibition, on the day of holding such exhibition, shall file with the Chief of Police a certificate of a reputable physician to the effect that such principal is in good physical health and training and capable of enduring the strain of a boxing and sparring exhibition of the kind proposed to be held, with a description of the exhibition.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.18 Permits: Suspension.
The Chief of Police shall suspend any permit issued pursuant to this chapter on a finding of any one of the following:
(a) That the operation as conducted by the permittee does not comply with all the health, zoning, fire, building, and safety requirements and standards of the laws of the State and the City applicable to such business operation;
(b) That the permittee, employees, agents, or any person connected or associated with the permittee as a partner, director, officer, stockholder, or manager has been convicted in a court of competent jurisdiction by final judgment, within the last ten (10) years, of:
(1) An offense involving the presentation, exhibition, or performance of an obscene production, motion picture, or play; or
(2) An offense involving lewd conduct; or
(3) A felony offense involving the use of force and violence upon the person of another;
(c) That the permittee has violated any provision of this chapter or is in violation of any general or special condition of the permit;
(d) That the permittee, employees, agents, or any person connected or associated with the permittee as a partner, director, officer, stockholder, or manager has knowingly made a false, misleading, or fraudulent statement of a material fact in the application for a permit or in a report or record required to be filed with any City agency; or
(e) That the permittee has had a similar type permit previously revoked for good cause and has not shown a material change in circumstances since the date of the revocation.
The Chief of Police, in the case of such suspension, shall serve the permittee with a written order of suspension which shall state the reasons for such suspension. The order shall be effective immediately, if personally served, or forty-eight (48) hours after the order has been deposited in the course of transmission with the United States Postal Service.
Immediately upon such an order becoming effective, the permittee shall cease all operations under such permit.
(§ l, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.19 Permits: Revocation.
The suspension shall become a revocation five (5) days after the order of suspension becomes effective, unless the permittee files an appeal of the order of suspension within such period of time.
Where an appeal is filed, the order shall be stayed pending a determination thereon by the Council. Such suspension shall become a revocation if the suspension by the Chief of Police is upheld.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.20 Provisions supplemental to other Code provisions.
The provisions of this chapter are in addition to all other regulations, laws, requirements, and fees set by this Code.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.21 Appeals.
Any person aggrieved by the decision of the Chief of Police with reference to the approval or denial of an application for a permit, or the renewal of a permit, or the suspension of a permit may appeal such decision as provided in Chapter 4 of Title 1 of this Code.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.22 Violations: Penalties.
Any person violating any of the provisions of this chapter shall be punishable as provided in Chapter 2 of Title 1 of this Code.
(§ l, Ord. 671-85 C-M, eff. June 27, 1985)
5-9.23 Public nuisances: Abatement.
Any business establishment providing entertainment maintained contrary to the provisions of this chapter or without a valid permit shall be, and the same hereby is declared to be, unlawful and a public nuisance, and the City Attorney, in addition to or in lieu of any criminal action taken hereunder, may commence an action or proceeding for the abatement, removal, or enjoinment thereof in the manner provided by law and shall apply to such court as may have jurisdiction to grant such relief to abate or remove such establishment and restrain and enjoin any person from operating, conducting, or maintaining such an establishment where entertainment is provided contrary to the provisions of this chapter.
(§ 1, Ord. 671-85 C-M, eff. June 27, 1985)