[1]
Editor's Note: For provisions concerning peep show establishments,
see Section 5-12 of this chapter. As to tent theater permits, see
Section 5-17.
[Ord. #80-08; 1958 Code § 9.1]
As used in this section:
Shall mean any place conducting a public performance for
direct or indirect profit, including every public vaudeville or other
performance or diversion in the way of acting, singing, declamation,
or dancing, either with or without instrumental or other music, conducted
by professionals, amateurs or patrons, and under the direction or
control of the owner, operator or management, in connection with the
serving or selling of food, alcoholic beverages, any other refreshment
or merchandise at any room in any bar, cocktail lounge, tavern, cafe,
restaurant, hotel, motel, hall, or any other public place. Every form
of entertainment is included.
Shall mean any place or hall where public dances are held.
Shall mean every form of live entertainment, music, solo
band or orchestra, act, play, burlesque show, fashion show, review,
pantomime, scene, song or dance act or song and dance act, or performance
participated in by one (1) or more persons for the purpose of holding
the attention and interest of, diverting or amusing guests or patrons,
and shall include any such forms of live entertainment when used in
connection with, or as a means to attract or hold the attention of
such guests or patrons for the purpose of advertisement, demonstration
or display of goods, wares, merchandise, or services, or monetary
compensation, of whatever kind.
Shall mean any phonograph or other mechanical device of whatever
kind, which upon the insertion of a coin, slug, token or similar representation
of value into the machine, or any device connected therewith, or by
the payment of any price, operates or may be operated for the audible
emission of songs, music, or similar entertainment or amusement.
Shall mean any dance other than a public dance with or without
charge for admission or participation.
Shall mean any dance to which the public, regardless of restrictions
as to age, or similar modifiers, is admitted, with or without charge
for admission or participation.
[Ord. #80-08; 1958 Code § 9.2; Ord. #97-08]
It shall be unlawful for any person to conduct a public dance
for profit or nonprofit, or to maintain a dance hall, or cabaret,
or place where entertainment is provided for profit within the City
on a regular basis without having first obtained a permit from Community
Development and Environmental Resources. Fees from a temporary entertainment
or dance shall be set by the City Treasurer.
[Ord. #80-08; 1958 Code § 9.3; Ord. #97-08]
Every person who maintains or conducts a public dance hall,
cabaret, or place of amusement shall pay a fee as set by the City
Treasurer. Such fee shall be payable to the City Treasurer after a
permit to operate the same has been issued by Community Development
and Environmental Resources. If a permit is revoked for any reason,
an application for a refund of the fee on a proportional basis, may
be made at the City Treasurer's Office.
[Ord. #80-08; 1958 Code § 9.4]
Subsections 5-11.2, 5-11.3 and 5-11.6 shall not apply to any dance given by any lodge, club, church, or other benefit association, given for charitable or benevolent purposes, nor to any dance sponsored by the City, except as provided in subsection 5-11.5 of this chapter.
Other activities which are excluded from this section are as
follows:
a.
The "no fee" use of a radio, television receiver, music recording
machine, or similar device in any establishment(s).
b.
The fee use of a mechanical music machine or jukebox in any establishment(s).
c.
Any entertainment provided for members and their guests at a private
club, where admission is not open to the public and the private club
is in current compliance with all applicable laws and ordinances with
respect to such clubs.
[Ord. #80-08; 1958 Code § 9.5; Ord. #97-08]
Any such dance given by a lodge, club, or benefit association, as described in subsection 5-11.4, shall first obtain a permit from Community Development and Environmental Resources to hold such nonprofit event. All other events for profit only shall be held after payment of the fee referred to in the preceding section and after a permit has been received from Community Development and Environmental Resources.
[Ord. #80-08; 1958 Code § 9.6; Ord. #09-011, § 23]
No person shall provide or permit any entertainment in a bar,
cocktail lounge, tavern, cafe, restaurant, hotel, motel, hall or public
place where food, alcoholic or other beverages, or other refreshments
are served, unless such person shall first obtain an entertainment
permit to do so from the Planning and Zoning Commission as hereinafter
provided.
[Ord. #80-08; 1958 Code § 9.7; New]
Applicants for entertainment permits shall file a written and
signed application with the City Clerk showing the following:
a.
Full legal name and permanent residence address, including business
address, if any, phone numbers for home and work, of applicant(s)
and all persons directly or indirectly interested in the permit.
b.
A reasonable description of the entertainment, including type of
entertainment, approximate number of persons engaged in the entertainment,
and any further information about the entertainment and/or entertainers
as the City Council may deem necessary.
c.
The date, hours and location where such entertainment is proposed,
and the admission fee, if any, to be charged.
d.
A statement of the nature and character of applicant's business,
if any, to be carried on in conjunction with such entertainment.
e.
Whether or not the applicant or anyone having a beneficial interest
in the permit, directly or indirectly, has had a permit for the same
or similar business suspended or revoked anywhere, and, if so, under
what circumstances.
f.
Such other reasonable information as to the identity or character
of the person or persons having the management or supervision of applicant's
business, as the City Council or License Collector may deem necessary.
g.
The Fire Department and Building Department shall furnish information
on zoning and occupancy requirements.
A copy of the application shall remain on the premises and available
upon request by any Police Officer and/or Fire Official.
[1]
Editor's Note: Former subsection 5-11.8, Investigation by
Chief of Police: Denial or Issuance of Permit, previously codified
herein and containing portions of 1958 Code § 9.8 and Ordinance
No. 80-08, was repealed in its entirety by Ordinance No. 97-08.
[Ord. #80-08; 1958 Code § 9.9; Ord. #09-11, § 24]
The Planning and Zoning Commission or their duly authorized
representative, is empowered to adopt reasonable rules and regulations
or to impose reasonable conditions upon any permit issued for the
purpose of implementing this section, with copies of such rules, regulations,
or conditions to be provided to those permittees affected thereby
and violation of such rules and regulations or conditions shall be
deemed grounds for suspension or revocation of a permit. A copy of
such rules and regulations shall be conspicuously posted in every
room of the establishment wherein entertainment takes place. Such
rules and regulations shall not be printed in type less than nine
(9) point.
The term of an entertainment permit shall be limited to one
(1) year. Upon filing an application of an extension of a valid entertainment
permit, the Planning and Zoning Commission may consider extension
of the entertainment permit in one (1) year intervals. After granting
two (2) 12-month extensions of an entertainment permit, extensions
will not be required; however, the Planning and Zoning Commission
shall have discretion to review an entertainment permit if issues
of health, safety and/or welfare arise.
[Ord. #80-08; 1958 Code § 9.10]
No person shall carry on or assist in carrying on or operating
a public dance, cabaret or place of entertainment to which the public
may be invited at any time between the hours of 2:00 a.m. and 8:00
a.m.
[Ord. #80-08; 1958 Code § 9.11; Ord. #97-08]
Any person who shall desire to carry on or conduct an amusement or entertainment or dance for one (1) night only, during the hours prohibited by subsection 5-11.10, may apply in writing to Community Development and Environmental Resources for permission to do so. Community Development and Environmental Resources may grant such permission to such applicant, in writing, when in its discretion the conduct of such amusement or entertainment at such time shall not be detrimental to the public health, safety, morals or welfare. Community Development and Environmental Resources shall either grant or deny such application within three (3) weekdays after such application has been received; and if permission has not been granted within such period, such application shall be deemed to have been denied.
[Ord. #80-08; 1958 Code § 9.12; Ord. #09-011, § 25]
Any person who shall desire to carry on or conduct any amusement or entertainment or dance during the hours prohibited by subsection 5-11.10 and for a longer period than one (1) night, shall file a written application therefore with the Community Development Department for presentation to the Planning and Zoning Commission. Such application shall contain a detailed statement of the type of amusement or entertainment or dance which the applicant desires to carry on or conduct and a statement of the reasons which, in the applicant's opinion, warrant the granting of same. Such application shall be filed with the Community Development Department at least fourteen (14) days prior to the date upon which the applicant desires the granting of such permission. Thereupon, the Community Development Department shall refer the application to the Chief of Police or his agent for investigation and his recommendation to the Planning and Zoning Commission. The Planning and Zoning Commission may grant such permission to applicant when, in its discretion, the nightly conduct of such amusement or entertainment or dance shall not be detrimental to the public health, safety, morals or welfare.
[Ord. #80-08; 1958 Code § 9.13]
A permit may be revoked or suspended by the City Council, after
a hearing, if any of the provisions of this section are violated or
if any of the grounds for denying a permit are found to exist.
