No person shall provide or permit any type of entertainment
in a coffee shop, restaurant or place where food or other refreshments
are served and which is open to the public unless such person first
obtains a permit to do so from the chief of police as provided in
this chapter.
(Prior code § 9-1)
The provisions of this chapter shall not be deemed to require
a permit for the following:
(1) The
use of a radio or music-recording machine or jukebox in any establishment;
(2) Any
entertainment provided for members and their guests at a private club
where admission is not open to the public;
(3) Entertainment
conducted in connection with a regularly established recreation park,
circus or fairground;
(4) Entertainment
conducted by or sponsored by any bona fide club, society or association
organized or incorporated for benevolent, charitable, dramatic or
literary purposes having an established membership and which holds
meetings other than such entertainment at regular intervals when proceeds
arising from such entertainment are used for the purposes of such
club, society or association;
(5) Entertainment
conducted in connection with any dance where a valid dance permit
is in full force and effect.
(Prior code § 9-2)
Applicants for entertainment permits under this chapter shall
file a written, signed and acknowledged application with the chief
of police showing:
(1) The
name and permanent address of the applicant;
(2) A
detailed description of the entertainment, including the type of entertainment,
the number of persons engaged in the entertainment, the purpose of
the entertainment and any further information about the entertainment
as the chief of police may deem necessary;
(3) The
date, hours and location where such entertainment is proposed, and
the admission fee, if any, to be charged;
(4) The
name of the person having the management or supervision of the applicant's
business;
(5) The
length of residence of the applicant within the city;
(6) A
statement of the nature and character of the applicant's business,
if any, to be carried on in conjunction with the subject entertainment;
(7) Whether
or not the person having the management or supervision of the applicant's
business has been convicted of a crime, the nature of such offense
and the sentence received therefor;
(8) Such
other reasonable information as to the identity or character of the
person having the management or supervision of the applicant's
business as the chief of police may deem necessary.
(Prior code § 9-3)
A permit fee shall be paid upon the filing of each application or application renewal for an entertainment permit under this chapter for the purpose of defraying the expense incidental to the processing of such application. (See Section
5.08.490 for permit fee.)
(Prior code § 9-4; Ord. 89-O-113 § 1, 1989)
After the making and filing of an application for an entertainment
permit under this chapter, the chief of police shall have the matter
investigated and a report compiled thereon. If satisfied, as to the
good character of the applicant and that the entertainment as proposed
will not be detrimental to the public welfare, the chief of police
shall grant a permit.
(Prior code § 9-5)
An entertainment permit under this chapter shall be granted
for the specific occasion requested or, if the request is for a continuous
permit, such permit shall be issued for a period of time as specified
by the chief of police but in no case for longer than one year.
(Prior code § 9-6)
The chief of police, in granting an entertainment permit under
this chapter, may place such restrictions, time limits or conditions
under which the permittee shall operate, and such permit shall be
revocable if the conditions as imposed by the chief of police are
not adhered to.
It shall be the duty of the chief of police to enforce any conditions,
time limits, etc., established as a part of such entertainment permit.
(Prior code § 9-7)
The action of the chief of police in regard to the granting
or denial of a permit, or to the conditions thereof, shall be final;
provided, however, that the applicant may within 72 hours of the decision
of the chief of police appeal to the city council in writing. If there
is no appeal to the city council in writing within 72 hours after
the decision of the chief of police, then the decision of the chief
of police shall be conclusively final. The written appeal shall be
filed with the city clerk.
In the event that there is such an appeal, the city council
shall determine the merits of the appeal at its next scheduled meeting
following the filing of the appeal or at a regular meeting to which
the city council may have continued the matter from time to time.
The decision of the city council on such matter shall be final.
(Prior code § 9-7.1)