Chapter 5.84
ENTERTAINMENT ON LICENSED PREMISES
Sections:
5.84.010 License required for music, dancing or entertainment.
5.84.020 Music and entertainment defined.
5.84.030 Application for license.
5.84.050 Agreement to pay for services of special police officer.
5.84.060 Penalty for violation.
5.84.010 License required for music, dancing or entertainment.
It shall be unlawful for any person, firm or corporation, holding a retail license authorizing the sale of beer or wine for consumption on the premises, to permit or allow upon the premises licensed any music, dancing or entertainment whatsoever, without first obtaining, in the manner hereinafter provided, a license permitting him so to do. (Ord. 1169 § 1, 1966).
5.84.020 Music and entertainment defined.
The words “music” and “entertainment,” as used in this chapter, shall not apply to radios and other mechanical musical devices. (Ord. 1169 § 2, 1966).
5.84.030 Application for license.
Any person, firm or corporation who holds a retail license authorizing the sale of beer or wine for consumption on the premises, and who desires to obtain a license permitting music, dancing or other entertainment on said licensed premises, shall make application in writing to the city clerk for such license, on a form to be provided by the clerk. The city clerk shall collect all license fees and shall issue licenses in the name of the city to all persons qualified under the provisions of this chapter and shall:
A. Adopt all forms and prescribe the information required to implement this chapter;
B. Submit all applications to the appropriate department heads for their endorsements as to compliance with all city regulations which they have the duty of enforcing;
C. Notify any applicant of the acceptance or rejection of his application and shall, upon denial of any license, state in writing the reasons therefor, the process for appeal and deliver them to the applicant;
D. Deny any application for license upon written findings that the granting would be detrimental to the public peace, health or welfare, or the proposed business and location would be in violation with building, zoning or fire codes.
1. Whenever any such license is denied the applicant may within fifteen days from date of action, file written notice of appeal to the city council. Action of the city council shall be conclusive and not subject to review.
2. When the issuance is denied and any action instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license is issued pursuant to a judgment ordering the same. (Ord. 1852 § 5, 1995: Ord. 1762 § 7, 1992: Ord. 1169 § 3, 1966).
5.84.040 License fee.
The license fee provided for by this chapter shall be in the sum of seventy-five dollars annually. (Ord. 1169 § 4, 1966).
5.84.045 License—Revocation.
A. Any license issued under the provisions of this chapter may be revoked by the city clerk and/or police chief and/or building official and/or fire chief for any reason if the further operation thereof would be detrimental to public peace, health or welfare, or violate any federal or state law or any ordinance or regulation of the city. The city clerk shall cause to be served upon such parties as may be deemed to be interested therein such reasonable notice as may be determined to be proper of intention to revoke such license.
B. Where deemed necessary to prevent further detriment to public peace, health or welfare, or violation of any federal or state law or any city ordinance or regulation the police chief, fire chief or building official may immediately revoke any license issued under the provisions of this chapter.
C. Whenever any such license is revoked, the licensee may within fifteen days from date of action file written notice of appeal to the city council. Action of the city council shall be conclusive and not subject to review. (Ord. 1852 § 6, 1995: Ord. 1762 § 8, 1992).
5.84.050 Agreement to pay for services of special police officer.
Before any license shall be issued hereunder, the applicant shall enter into an undertaking in writing with the city, wherein the applicant agrees to pay for the services of any special police officer who may be designated by the chief of police to render special police duty on said licensed premises. (Ord. 1169 § 5, 1966).
5.84.060 Penalty for violation.
A violation of this chapter shall be punished by a fine of not more than one hundred dollars or by imprisonment in the city jail for not less than thirty days or by both such fine and imprisonment. (Ord. 1169 § 6, 1966).