The city of Temecula encourages the development of art and cultural resources and recognizes that having a variety of entertainment establishments provides a means for such activity. The city of Temecula further recognizes that having a variety of entertainment types in the city promotes a rich and diverse cultural experience. The city of Temecula recognizes that many non-alcoholic entertainment venues provide a safe place for families and young adults to gather.
The city of Temecula also recognizes that certain entertainment establishments have demonstrated the potential for creating or maintaining an environment where various types of disturbances such as excessive noise and disorderly conduct by patrons may occur. These impacts are primarily driven by establishments that serve alcohol and offer entertainment. These negative effects are adverse to the public safety, general welfare and the quality of life of the community.
The purpose of this chapter is to regulate the operation of entertainment establishments so as to minimize the negative impacts and to preserve the public safety, health and welfare. It is not the city's intent to regulate or restrict the type or content of entertainment provided in those establishments. All licensees will be responsible for controlling patron conduct at their entertainment establishment, making adequate provisions for security, crowd size, and control, and complying with state and local laws and minimizing disturbances caused by the operation of an entertainment establishment.
It is also the intent of the city of Temecula to provide alternatives to the regulating of entertainment establishments by imposing license conditions tailored to the particular entertainment establishment.
Adult oriented businesses shall use Chapter 5.09 (Adult Business Regulations) for applicable regulations.
(Ord. 22-06 § 4)
For purposes of this chapter the following words and phrases shall have the following meanings:
"ABC license"
means a license to serve alcoholic beverages issued by the State of California Department of Alcoholic Beverage Control.
"Ancillary"
means a business where entertainment is not the primary activity or operation of the establishment.
"Dance" or "dancing"
means to move with rhythmical steps or movement, usually to music or an audible rhythm; except for any dancing that is regulated under Chapter 5.09 (Adult Regulations).
"Entertainment"
means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited (by advertisement or word of mouth) or allowed to watch, listen, or participate in, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons, including, but not limited to:
1. 
Dancing by patron(s) or staff to live or recorded music.
2. 
The presentation of music played on sound equipment operated by an agent or contractor of the establishment. This may or may not include a "disc jockey" or "DJ."
3. 
The presentation of live music whether amplified or non-amplified.
4. 
The presentation of music videos, music concerts or other similar forms of musical entertainment from any source.
5. 
Any amusement or event such as live music or other live performance which is knowingly permitted by any entertainment establishment, including presentations by single or multiple performers, such as hypnotists, pantomimes, magicians, comedians, song or dance acts, plays, concerts, any type of contest, events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public.
"Entertainment establishment(s)"
means any commercial business, that is open to the public and offers entertainment to patrons. Entertainment establishments are separated into three different classes, as outlined below:
Entertainment Establishment Types
Class I entertainment establishment (a businesses without alcohol) means a business offering ancillary entertainment to patrons. A class I facility does not serve any alcoholic beverages and does not include any dancing.
Class II entertainment establishment (a business serving beer, wine, and/or distilled spirits) means a business with an ABC license that offers beer, wine, and or distilled spirits in addition to offering ancillary entertainment to patrons. A class II facility does not include dancing.
Class III entertainment establishment (nightclub, cocktail lounge, bar, and dance club/hall, pool hall) means a business with an ABC license that offers any combination of beer, wine, and/or distilled spirits in addition to offering entertainment to patrons. A class III facility also allows for dancing. Restaurants with dancing shall be classified as a class III facility.
"Entertainment license"
means a license obtained from the chief of police pursuant to the provisions of this chapter for the purposes of operating an entertainment establishment.
"Manager"
means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on, or control the operations of an entertainment establishment, including a restaurant or bar. Authority to engage in one or more of the following functions is prima facie evidence that a person is a manager of the entertainment establishment:
1. 
Hire or terminate employees;
2. 
Contract for the purchase of furniture, equipment, or supplies, except for the occasional replenishment of stock;
3. 
Disburse funds of the business, except for the receipt of regularly replaced items of stock;
4. 
Make or participate in making policy decisions regarding operations of the entertainment establishment;
5. 
Holds keys to open and/or close the establishment.
"Noise"
means any loud, discordant, raucous or disagreeable sound.
"Noise level"
means the "A" weighted sound pressure level in decibels obtained using a sound level meter. The unit of measurement should be designated in dBA.
"On-sale"
has the same meaning as California Business and Professions Code Section 23396, as the same may be amended from time to time.
"Public premises establishment"
has the same meaning as that used in California Business and Professions Code Section 23039, as the same may be amended from time to time.
"Pyrotechnics"
shall have the same meaning as defined by the California Fire Code, as may be amended from time to time, and currently means controlled exothermic chemical reactions timed to create the effects of heat, hot gas, sound, dispersion of aerosols, emission of visible light or a combination of such effects to achieve the maximum effect from the least volume of pyrotechnic composition. Pyrotechnics shall also mean any of the following:
1. 
Pyrotechnic Article. A pyrotechnic device for use in the entertainment industry, which is not classified as fireworks.
2. 
Pyrotechnic Composition. A chemical mixture that produces visible light displays or sounds through a self-propagating, heat-releasing chemical reaction which is initiated by ignition.
3. 
Pyrotechnic Special Effect. A visible or audible effect for entertainment created through the use of pyrotechnic materials and devices.
4. 
Pyrotechnic Special Effect Material. A chemical mixture used in the entertainment industry to produce visible or audible effects by combustion, deflagration or detonation. Such a chemical mixture predominantly consists of solids capable of producing a controlled, self-sustaining and self-contained exothermic chemical reaction that results in heat, gas sound, light or a combination of these effects. The chemical reaction functions without external oxygen.
"Responsible beverage service training course"
means a course certified by the California Department of Alcoholic Beverage Control for on-sale management and on-sale professional services.
"Responsible party"
means any person who is physically at the entertainment establishment and is any of the following:
1. 
The person who owns the entertainment establishment;
2. 
The person in charge of the entertainment establishment;
3. 
The person using the entertainment establishment under a special arrangement;
4. 
An employee or agent of an owner or manager of the entertainment establishment when the owner or manager is temporarily absent from the entertainment establishment;
5. 
The entertainment establishment's manager or on-site supervisor;
6. 
The person who books, schedules, or authorizes entertainment.
(Ord. 94-16 § 2; Ord. 2022-06 § 4)
All entertainment establishments shall possess an active and valid entertainment license issued by the city.
(Ord. 94-16 § 2; Ord. 22-06 § 4)
The following types of activities are exempt from the provisions of this chapter:
A. 
Events for which a special event permit, or temporary use permit has been issued and is active pursuant to the Temecula Municipal Code;
B. 
Events operated by the city of Temecula, or other governmental entities;
C. 
Events operated by public or private schools;
D. 
Events operated by a senior assisted care facility;
E. 
Events operated by a religious institution or nonprofit organization.
(Ord. 22-06 § 4)
A. 
Any person or business entity desiring to obtain an entertainment license or modification to an entertainment license shall submit a complete application to the chief of police through the community development department ("planning") and pay an application fee pursuant to the fees adopted by resolution, which may be amended from time to time.
B. 
The application shall be in a form approved by the chief of police.
C. 
The application shall be filed:
1. 
At least sixty days prior to the proposed operation of the entertainment establishment; or
2. 
At least sixty days prior to the expiration of an entertainment license; or
3. 
At any time for a modification, including, but not limited to:
a. 
Adding dancing;
b. 
Adding alcohol or changing the alcohol license type; or
c. 
Changing operations to incorporate activities in a different class of entertainment.
D. 
The application shall state the class of entertainment (class I, class II, or class III) that the entertainment establishment desires to provide to patrons.
E. 
The entertainment license application shall include five copies of a floor plan (or a digital copy if acceptable to the city). The floor plan shall be an accurate and dimensioned representation of the floor plan approved by the city building and fire departments as part of a formal building permit process. Any changes that have occurred to the floor plan since the original city building and fire department approval shall be identified and include a notation identifying the date the modification was approved by the city if such approval was required. The floor plan shall show all customer seating areas, performing stages or platforms, back-of-house areas, restroom facilities, and any proposed dance areas if applying for a class III entertainment license. The floor plan shall clearly state the legal occupant load as established as part of the formal building permit process, and all exiting systems of the premises shall be clearly shown. No floor plan change, occupant load change, or other change of use can be approved as part of an application process for an entertainment license.
F. 
The application for an entertainment license shall include five copies (or a digital copy if acceptable to the city) of the proposed site plan for the entertainment establishment and the site plan shall be an accurate representation with dimensions that show the building's footprint, boundary and property lines and on-site parking spaces. Any changes that have occurred to the site plan since the original city building and fire departments approval shall be identified and include a notation identifying the date the modification was approved by the city if such approval was required. The application shall also include adjacent uses with operating hours for those uses.
G. 
The application shall also include a copy of any city land use permits (e.g., conditional use permit, development plan, occupancy permit, etc.) issued to the property owner or business entity.
H. 
The entertainment license application shall include a detailed security plan. The security plan should include, but is not limited to, the following:
1. 
The number of licensed security personnel who will be on duty;
2. 
The minimum level of acceptable training for licensed security personnel in compliance with Chapter 9.11 (Regulation of Private Security Operators) of the Temecula Municipal Code;
3. 
The patron screening procedure, if any, prior to admission to entertainment establishment;
4. 
Identify patron access points into the entertainment establishment;
5. 
Process for removal of disorderly or intoxicated patrons from premises; and
6. 
Process for dispersal of patrons from the entertainment establishment, on-site parking area and/or public rights-of-way (e.g., sidewalk or street) within fifty feet of any entrance to the entertainment establishment.
I. 
The entertainment license application shall include a notarized letter from the applicant and property owner that reflects:
1. 
That the applicant and the property owner understand and agree to the requirements of this chapter;
2. 
That the applicant and the property owner understand and agree to the renewal requirements of this chapter;
3. 
That the applicant and the property owner understand and agree that the license is nontransferable; and
4. 
That the applicant and the property owner understand that three or more violations of this chapter, or one violation that poses an immediate threat to the public health, safety or general welfare, may result in termination of the entertainment license.
(Ord. 94-16 § 2; Ord. 22-06 § 4)
A nonrefundable fee, as set forth in the City of Temecula Fee Schedule shall accompany each application for an entertainment license. The entertainment license fee shall be in addition to the business license fee required pursuant to Chapter 5.04 (Business Licenses Generally) of this code as may be amended from time to time.
(Ord. 94-16 § 2; Ord. 22-06 § 4)
A. 
Upon completion of an investigation coordinated by the chief of police, the chief of police may issue the license subject to this chapter as applicable, unless it is found that:
1. 
The application fee has not been paid.
2. 
Applicant is less than twenty-one years of age.
3. 
The application does not conform to the provisions of this chapter.
4. 
The applicant has made a material misrepresentation in the application.
5. 
The applicant or any of its owners, partners, officers or directors has had an entertainment license revoked within one year prior to the date of the pending application.
6. 
The business has been conducting entertainment without a valid and active entertainment license within the last sixty days.
7. 
The proposed entertainment establishment does not comply with all applicable laws, including, but not limited to: health, zoning, building, and fire code requirements. Prior to granting a license, the chief of police or designee shall obtain certification from the fire chief, city planner, and building official that the proposed use is in compliance with the land use and zoning provisions of the applicable municipal code provisions and that the structures are suitable and safe for the proposed operation of an entertainment establishment.
B. 
If the chief of police denies the application, the applicant shall be notified of the reasons for the denial in writing within forty-five days after receipt of the application. However, failure to notify the applicant within the specified time period shall not constitute a basis for granting the license. An applicant denied an entertainment license has a right to appeal the denial pursuant to Section 9.10.170 (Appeal procedure) of this chapter. If such a hearing is not requested within the prescribed time period, the denial shall be final.
(Ord. 94-16 § 2; Ord. 22-06 § 4)
A. 
If a conditional use permit, or any other permit or approval, except a certificate of occupancy, is required for the lawful operation of an entertainment establishment, the provisions of this chapter shall be in addition to those other permits and entitlements. An entertainment license cannot modify the terms of an existing conditional use permit, except as set forth in subsection C below.
B. 
For new conditional use permits issued after the adoption of the ordinance codified in this chapter, a valid and compliant entertainment license shall be a condition and/or requirement for an entertainment establishment and may include operating requirements above and beyond the conditional use permit, which may be amended from time to time, as listed in this chapter.
C. 
For modifications to existing conditional use permits that allow entertainment, the city may require, as a new condition of approval, that the business obtain an entertainment license if entertainment will be offered at the business.
(Ord. 94-16 § 2; Ord. 22-06 § 4)
A. 
All class I, class II, and class III entertainment establishments shall operate in accordance with the following standards or conditions:
1. 
Display of License. The entertainment license shall be displayed on the premises in a conspicuous place so that law enforcement and city staff entering may readily see the entertainment license. A copy of the floor plan approved with the entertainment license shall always be kept on the premises and made available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire marshal, or if requested by the establishment after an opportunity for pre-compliance review.
2. 
Outdoor Entertainment. Outdoor entertainment is prohibited unless explicitly permitted by an active conditional use permit that explicitly allows outdoor entertainment, or by a temporary use permit, or special event permit.
3. 
Class III Entertainment. Dancing is only permitted at establishments with a class III entertainment license.
4. 
Entertainment Hours of Operation. Entertainment operations shall cease, based on the times outlined below:
Entertainment License Type
Permitted Entertainment Hours of Operation
Class I
7:00 a.m. – 10:00 p.m. Daily
Class II
7:00 a.m. – 10:00 p.m. Daily
Class III
Entertainment operating hours shall be between 7:00 a.m. – 11:59 p.m. or as otherwise set forth in a conditional use permit that explicitly allows dancing adopted prior to February 1, 2022.
5. 
Food Service. If the class I, class II, or class III entertainment license is associated with a restaurant, food and non-alcoholic beverage service shall be provided at all hours the establishment is operating.
6. 
Noise Restrictions. Noise shall be measured in accordance with Chapter 9.20. No entertainment establishment may cause, permit, or maintain noise at a sound level that exceeds the standards of Chapter 9.20.
7. 
Noise Dampening. All doors, windows, and any other physical opening shall remain unlocked and unobstructed as required by all building and fire life safety requirements. All doors, windows, and any other physical openings shall not be propped open by people or physical devices during any hours that entertainment is occurring.
8. 
Manager and Server Training. The following persons must complete a responsible beverage service training course before the entertainment establishment may provide entertainment:
a. 
Every manager and every person who serves or sells alcoholic beverages for consumption by patrons on the premises of the entertainment establishment shall maintain a current responsible beverage service training course certificate.
9. 
Employee List. A list of all persons employed as managers or persons who serve or sell alcoholic beverages for consumption by patrons on the premises of an entertainment establishment shall be maintained on the premises of the entertainment establishment. The list shall clearly identify the hire date, the date of each responsible beverage service training course was completed and the date the current training certificate will expire for every manager and every person who serves or sells alcoholic beverages for consumption by patrons on the premises of the entertainment establishment. The list shall be provided, upon request, to any law enforcement or code enforcement personnel, or at the request of the establishment, after pre-compliance review.
10. 
Security Guards.
a. 
All security guards shall operate in accordance with Chapter 9.11 (Regulation of Private Security Operators).
b. 
A violation of Chapter 9.11 (Regulation of Private Security Operators) shall constitute a violation of this chapter.
11. 
Maximum Occupant Load. The maximum number of persons in the entertainment establishment, shall not, at any time, exceed the maximum occupant load as established by the fire marshal or the city building official.
12. 
Disturbing the Peace and Disorderly Conduct. The responsible party shall make reasonable efforts to prevent the admission of any person, who is fighting, or challenging someone to a fight; maliciously and willfully disturbing another person by loud and unreasonable noise; using offensive words in a public place that is likely to provoke an immediate violent reaction, or engaging in disorderly conduct (as defined in Penal Code Section 647), inside the entertainment establishment, at any onsite parking lot owned or under the control by the entertainment establishment, or on any sidewalk used by the entertainment establishment for the entertainment establishment. The responsible party shall make reasonable efforts to either call the police for assistance or remove from the entertainment establishment, parking lot or sidewalk persons exhibiting such conduct.
13. 
Maintaining Adequate Right-of-Way. The responsible party shall ensure that patrons queuing on the public sidewalk do not obstruct the right-of-way or sidewalk from vehicular or pedestrian access. The minimum clear access for sidewalks shall be maintained at forty-four inches.
14. 
Orderly Dispersal. The responsible party shall use reasonable efforts to cause the orderly dispersal of patrons from the entertainment establishment at closing time and shall use reasonable efforts to prevent patrons from congregating in the entertainment establishment's parking lot after closing time or permit patrons to congregate in any roadway or traffic lane within fifty feet of any entrance to the entertainment establishment. This may include, but is not limited to, clearing all the cars from the establishment's parking lot.
15. 
Pyrotechnics. Pyrotechnics and safe and sane fireworks, are prohibited, unless explicitly permitted by the fire department.
16. 
Compliance with Law. Operators shall comply with all federal, state, and local laws.
B. 
In addition to the conditions set forth in subsection A of this section, the chief of police may impose additional conditions in the following areas which shall be based on specific, articulated facts setting forth the necessity for the conditions:
1. 
The permissible hours of operation for entertainment.
2. 
Specific licensing qualifications and numbers of security personnel to be on duty during business hours.
(Ord. 94-16 § 2; Ord. 22-06 § 4)
Class I entertainment establishments shall comply with all requirements stipulated in Section 9.10.090 (Universal entertainment license standards and conditions).
(Ord. 22-06 § 4)
In addition to the conditions set forth in Section 9.10.090, (Universal entertainment license standards and conditions) the following conditions shall apply to all class II entertainment establishments:
A. 
Food Service. If the class II entertainment license is associated with a restaurant, alcohol sales shall cease one-half hour prior to closing.
(Ord. 22-06 § 4)
In addition to the conditions set forth in Section 9.10.090, (Universal entertainment license standards and conditions) the following conditions shall apply to all class III entertainment establishments:
A. 
Location. Establishments seeking a class III license shall only be permissible in areas identified in Title 17 as a "restaurant (bona fide public eating establishment) with entertainment and/or dancing" as listed in the Temecula Municipal Code, or as identified in a specific plan. If required by the Temecula Municipal Code or specific plan, a conditional use permit shall be obtained for the use, prior to the submission of an entertainment license.
B. 
Mandatory Security Guards. There shall be at least two security guards licensed by the state on duty at all times that dancing is permitted. Additional mandatory security guards may be required at the direction of the chief of police or as required by the California Department of Alcoholic Beverage Control.
C. 
Security Guard Licensing. All security guards shall comply with Chapter 9.11 (Regulation of Private Security Operators).
D. 
Occupancy Calculation. At all hours that dancing is permitted, a staff member shall maintain an accurate count of the current occupancy. A crowd control tally or other electronic device shall be utilized for the counting. The most current occupancy tally must be made available immediately upon request to code enforcement, police, or the fire prevention department, or if requested by the establishment after an opportunity for pre-compliance review.
E. 
Designation of Dance Floor.
1. 
The dance floor area shall be plainly marked and designated as the dancing area.
2. 
No dancing shall be permitted outside the designated dancing area as approved and on file with the city.
F. 
Dancing Area. During all hours which dancing is permitted, no portion of the dancing area shall be used for any purpose other than dancing.
G. 
Seating and Dance Areas. Seating areas shall not be converted to dance areas unless the floor plan approved as part of the application process allows such conversion.
H. 
Designated Sound Operator. At all times a responsible party shall be responsible for any amplified or non-amplified sources of sound on the property. The absence of a designated sound operator shall be a violation of this section.
I. 
Enhanced Noise Dampening. If a class III entertainment establishment is located within five hundred feet of residences as measured from property line to property line, the establishment shall be required to submit an acoustical analysis prepared by a certified acoustical engineer/professional demonstrating compliance with the city's noise ordinance and the entertainment license standards. If required by the analysis, sound dampening materials and design shall be installed prior to the issuance of the entertainment license. The entertainment establishment shall operate in a manner that abides by all requirements of the acoustical report.
J. 
Halt of Alcohol Sales. A class III entertainment establishment shall cease alcohol sales at least one-half hour prior to closing. Meals, water, and other non-alcoholic beverages shall be available up until closing of the establishment. This requirement shall apply under any scenario where the establishment may alter or vary the regular operating hours.
K. 
Copy of ABC License. A class III entertainment establishment shall provide a complete approved copy of the California Department of Alcoholic Beverage Control's license, including conditions, and the approved site plan to law enforcement or code enforcement immediately upon request, or if requested by the establishment after pre-compliance review.
(Ord. 22-06 § 4)
Noise measurements shall be conducted in a manner as identified in Chapter 9.20 (Noise).
(Ord. 94-16 § 2; Ord. 22-06 § 4)
The chief of police, fire marshal, or designee may require the responsible party to cease all or part of the entertainment establishment's operations or entertainment and disperse all patrons for a period of time up to and including the remainder of the entertainment establishment's daily operating hours whenever conduct by disorderly patrons reaches a magnitude that presents an immediate threat to the safety and well-being of the patrons or general public in the vicinity of the entertainment establishment.
(Ord. 94-16 § 2; Ord. 22-06 § 4)
A. 
Licenses are non-transferrable.
B. 
Licenses for entertainment establishments may be renewed on the first business day in February 2023, and on a year-to-year basis thereafter on the first business day in February, provided the license holder continues to meet the requirements of this chapter. "Business day" as used in this subsection shall mean the days that Temecula City Hall is open for business.
C. 
No license granted herein shall confer any vested right to any person for more than the license period.
D. 
Applications for a license renewal shall be filed with the chief of police at least sixty days prior to expiration of the existing license, otherwise the license will lapse. At the discretion of the chief of police, a temporary license pending satisfactory completion of the renewal application process may be issued to renewal applicants who have no permit revocation proceedings pending at the time of filing of the renewal application. Licenses are not automatically renewed.
E. 
Renewal applications shall set forth such information as may be required by the chief of police to update and verify the information contained in the original permit application. The applicant shall pay an application fee, in an amount established by resolution, when applying for renewal.
F. 
If an application for renewal of license and all required information is not timely received and the license expires, no right or privilege to provide entertainment shall exist.
(Ord. 94-16 § 2; Ord. 22-06 § 4)
A. 
The chief of police may issue a letter of intent to revoke an entertainment license upon receiving satisfactory evidence that:
1. 
The application for an entertainment license contains material misrepresentation; or
2. 
Ownership of the entertainment establishment has changed without the new ownership securing a new entertainment license from the chief of police; or
3. 
The entertainment establishment has, within the last twelve months, been found criminally, civilly, or administratively (pursuant to Chapter 9.10 of this code), or any combination thereof, to have violated any provision of this chapter on at least three separate occasions; or
4. 
The entertainment establishment has, within the last twelve months, engaged in conduct, or allowed its patrons to engage in conduct that posed an immediate threat to the public health or safety of the general public; or
5. 
Employees of the entertainment establishment, while on the premises are engaged in conduct or behavior to the extent that it constitutes a nuisance, including but not limited to adjudicated complaints with adverse finding(s) by the State Alcoholic Beverage Control Board or the Riverside County Health Department.
B. 
The chief of police shall provide written documentation or other evidence to support the intent to revoke an entertainment license to the licensee with the letter of intent to revoke an entertainment license.
C. 
The chief of police shall provide written notice of the intent to revoke to the holder of an entertainment license by personal service, or by certified mail. The notice shall be directed to the most current entertainment establishment address or other mailing address on file with the chief of police for the entertainment establishment. The notice shall provide the effective date of the revocation. No revocation shall be imposed on less than thirty days' notice to the holder of the entertainment license.
D. 
An entertainment establishment that has had its license revoked may not apply for another license within twelve months from the date the license is revoked.
(Ord. 94-16 § 2; Ord. 22-06 § 4)
A. 
The right to file a written appeal of a revocation or denial of new permit or renewal of a permit shall terminate upon the expiration of fifteen days of the date of mailing by the chief of police of the notice specified in Sections 9.10.070 or 9.10.160 of this chapter. The written appeal shall be filed with the city clerk of the city of Temecula and shall be accompanied by an appeal fee in an amount as set by city council resolution. The city clerk shall promptly forward a copy of the appeal to the chief of police.
B. 
In the event an appeal is timely filed, the denial of the renewal or revocation of the license, shall not be effective until a final decision has been made on the appeal. Notwithstanding the foregoing, if the chief of police finds and determines that permitting an entertainment establishment to continue to operate, pending the appeal hearing, would present an unreasonable and immediate risk to the public health and safety, the denial of renewal or revocation of the license may take effect immediately. A business that has been denied an entertainment license, may not begin to operate as an entertainment establishment until it has obtained a valid entertainment license. If no timely appeal is filed, the denial of renewal or revocation, or issuance of a license, shall become effective upon expiration of the period for filing appeals.
C. 
Upon receipt of a timely appeal, the city clerk shall refer the appeal to the California Office of Administrative Hearings for the assignment of an administrative law judge to serve as the hearing officer.
D. 
In the event the Office of Administrative Hearings is unable to provide a hearing officer, the city clerk shall make arrangements for the selection of a hearing officer to conduct the appeal hearing as provided in this subsection.
1. 
Not less than fifteen days prior to the appeal hearing, the city clerk shall notify the chief of police and the appellant of the names of three qualified attorneys or retired Superior Court or Appellate Court judges submitted to the city clerk by a reputable firm providing mediators and arbitrators to serve as a panel from which the hearing officer will be selected.
2. 
Within five days of the date of mailing the notice of the available panel, the chief of police and the appellant may notify the city clerk in writing that he or she elects to remove one of the three potential hearing officers.
3. 
The city clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the appeal hearing.
4. 
The hearing officer shall be fair and impartial and shall have no bias for or against the chief of police or the appellant.
5. 
At the appeal hearing, the hearing officer shall receive oral and written evidence from the chief of police and the appellant. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code, but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The hearing officer shall have broad authority to control the proceedings and to provide for cross examination of witnesses in a fair and impartial manner. The chief of police shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her decision is based. The appeal hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both parties. The hearing officer may continue the appeal hearing from time to time, but only upon written motion of a party showing good cause for the continuance.
6. 
The hearing officer may uphold, modify or reverse the decision of the chief of police. Within ten days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision. He or she shall send the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of it to the chief of police and the appellant, along with a proof of mailing.
7. 
Within ten days from date of the city clerk's mailing of the decision, either party may appeal the decision to the city manager. The appeal shall be in writing and filed with the city clerk, and shall state the grounds of the appeal and specify the errors in the hearing officer's decision. Upon receipt of the appeal, the city clerk shall schedule the appeal for review by the city manager to occur within thirty days.
8. 
The city manager's review of the appeal shall be limited to determining whether the evidence received at the appeal hearing supports the findings and decision of the hearing officer. The city manager shall be limited to considering the evidence presented at the appeal hearing. No public hearing shall be required and no new evidence shall be taken by the city manager. The city manager's decision on the appeal shall be set forth in a written opinion. The city clerk shall mail a copy of the city manager's opinion to the chief of police and the appellant along with a proof of service. Any legal action challenging the city manager's decision shall be filed within ninety days of the date of the proof of service of mailing of the city manager's opinion, pursuant to Section 1094.5, et seq., of the California Code of Civil Procedure. The city manager's decision shall be final and effective upon mailing of the opinion. If the appellant prevails following a final decision, the appeal fee shall be returned.
(Ord. 94-16 § 2; Ord. 22-06 § 4)
If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional.
(Ord. 22-06 § 4)
A. 
Any person who violates any of the provisions of this chapter is guilty of an infraction, except that the fourth and each additional violation of a provision of this chapter within one year, shall be a misdemeanor. Except as otherwise set forth herein, penalties for a violation of this chapter shall be as designated in Title 1 (General Provisions) of this code.
B. 
In addition to any other remedy authorized by this chapter, a violation of this chapter may be grounds for a revocation or denial of an entertainment license.
(Ord. 22-06 § 4)