The city council of the City of Roseville
encourages the development of arts and culture in Roseville, and recognizes
that many entertainment venues provide a means for such development.
The council further recognizes that the varied entertainment venues
in the city provide a rich and diverse cultural experience for the
residents of the city and visitors to the city. The council also recognizes
that many entertainment venues not serving alcoholic beverages provide
a safe place for families and young adults to gather.
However, the council hereby finds
that the operation of entertainment establishments presents an environment
with the demonstrated potential for excessive noise generation and
disorderly conduct by patrons, particularly at closing times, with
the attendant adverse health and safety impacts on the surrounding
business and residential community.
Therefore, it is the purpose of this
chapter to regulate the operation of entertainment establishments
for the public health, safety and welfare. All permittees will be
held responsible for controlling patron conduct in and around the
establishments, making adequate provisions for security, underage
drinking and crowd control, and minimizing disturbances as a result
of the operation of the entertainment.
It is also the intent of this chapter
to provide options to the city manager in regulating the variety of
businesses and events that provide entertainment. The council finds
that the imposition of conditions tailored to the particular establishment
will allow the business or event to flourish while meeting the city’s
public health and safety needs. This approach also would avoid placing
unnecessary conditions on existing businesses or organizations with
a history of compliance with the city laws and requirements.
(Ord. 5114 §
2, 2012)
The following definitions shall apply
for purposes of this chapter:
“ABC license”
means the license issued by the California Department of
Alcoholic Beverage Control.
“Admission charge”
means any charge for the right or privilege to enter any
place of entertainment including a minimum service charge, an event
charge, a cover charge, a charge for the use of seats and tables,
or any other similar charge. It also includes the purchase or presentation
of a ticket, token or equivalent directly or indirectly required as
a condition for entrance. It does not include tips, gratuities, voluntary
donations, or suggested donations for employees or for any person
providing entertainment.
“Chief of police”
includes the chief of police of the City of Roseville and
his or her designee.
“City attorney”
includes the city attorney of the City of Roseville and his
or her designee.
“City manager”
includes the city manager of the City of Roseville and his
or her designee.
“Disorderly conduct”
means any of the following: consumption of alcoholic beverages on public property, public drunkenness, obstructing the free passage of pedestrians over public sidewalks, the obstruction of free passage of vehicles within the public right-of-way, littering, fighting, loud speaking or shouting, drug trafficking, lewd conduct, disturbance of the peace, conduct that violates any provision of the Roseville Municipal Code, including, but not limited to, Chapter
9.24,
10.30,
10.34,
10.37, or
10.38, and such other conduct that constitutes a public nuisance or a violation of law.
“Entertainment” or “entertainment establishment”
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 or allowed to watch, listen, or participate
or that is conducted for the purposes of holding the attention of,
gaining the attention of or diverting or amusing guests or patrons,
including, but not limited to:
A.
Presentations by single or multiple
performers, such as hypnotists, mimes, comedians; musical song or
dance acts, plays, concerts, any type of contest; sporting events,
exhibitions, carnival, rodeo or circus acts, demonstrations of talent;
shows, reviews and any other such activity which may be attended by
members of the public.
B.
Dancing to live or recorded music.
C.
Serving alcohol after 12:00 a.m.
(This provision does not include sales of original, sealed containers
for offpremises consumption pursuant to an exclusively off-sale alcoholic
beverage license.)
D.
The presentation of recorded music
played on equipment which is operated by an agent or contractor of
the establishment, commonly known as a “DJ” or “disc
jockey.” Entertainment does not include ambient music provided
through the use of a radio, stereo, juke box, music recording machine
or other similar device.
“Entertainment permit”
means any special permit issued by the city under this chapter
related to the operation of a public dance, entertainment establishment,
or amusement premises.
“Permittee”
means a person, persons, or business entity that has been
issued a permit as provided in this chapter.
“Person”
means an individual(s), firm, association, partnership, corporation,
company, governmental entity or organization or legal entity of any
kind, and the legal representatives, agents, trustees, receivers,
assigns, agents, servants, and employees of any such person.
“Premises”
means any parcel(s) of property owned, leased, occupied,
or under the control of a person where entertainment occurs, including,
but not limited to, any structures, outdoor seating, or parking lots.
“Reasonable efforts”
means the provision of an adequate number of licensed security
personnel, the adoption and posting of operating policies that are
consistent with the requirements of this code and the permit and the
adherence to those policies, the documented training of employees
in the carrying out of the establishment operating policies, notifying
the police of apparent criminal activity, and the taking of all additional
measures, consistent with sound business judgment, necessary to accomplish
the required result.
“Responsible person”
means the permittee, owner, proprietor, promoter, manager,
assistant manager or other person present and exercising control over
the operation of an entertainment establishment, whether or not that
person is a named permittee.
“Special event”
means entertainment conducted on private property where all
of the following circumstances exist:
A.
The premises or location where the
entertainment is to be conducted is not the subject of an existing
entertainment permit issued pursuant to this chapter;
B.
The person sponsoring or offering
the entertainment is not in the business of regularly offering entertainment
to the public;
C.
Entertainment will only be offered
for a limited period of time, not to exceed five days; and
D.
The entertainment is not a recurring
or regularly scheduled event or celebration.
“Theater”
means any commercial establishment where regular sporting
events, concerts, motion picture screenings or theatrical performances
are given, usually with a stage, and usually with ascending row seating
or some arrangement of permanent seating.
(Ord. 5114 §
2, 2012; Ord. 5852 § 2, 2017)
A. Unless exempt pursuant to Section
9.45.040, i
t is unlawful for any person or premises, located within the City of Roseville, to provide or permit any entertainment that is open to the public without an entertainment permit issued pursuant to this chapter.
B. Neither the obtaining of an entertainment
permit nor compliance with the operating standards provided in this
chapter shall obviate the need for, or excuse any noncompliance with,
the zoning code, building code, fire code or any other or additional
permit requirement or standard made applicable to the entertainment
or entertainment establishment under any other provision of this code
or state or federal law.
(Ord. 5114 §
2, 2012; Ord. 5852 § 3, 2017)
The following types of entertainment
and events are exempt from the permit required by this chapter. This
exemption does not relieve any entertainment establishment from complying
with all other applicable laws, including, but not limited to, regulations
related to noise levels and nuisances.
A. Entertainment sponsored by any agency of
the City of Roseville, the county of Placer, the various boards of
education, or by any other political subdivision of the state of California.
B. Entertainment sponsored by any school or
nonprofit public benefit organization, such as Girl Scouts, Boy Scouts,
Little League or Boys and Girls Club, whose primary objective is the
sponsoring and control of youth activities and child welfare. If the
event is a dance, the following requirements must be met:
1. No person 18 years of age or older may
be admitted as a guest, unless such person is a bona fide student
at, or member of, the sponsoring agency or organization;
2. No alcoholic beverages may be served, consumed
or permitted on the premises;
3. Chaperones from the sponsoring agency are
present on the premises at the rate of two adults, who are at least
25 years of age or older, for every 100 guests; and
4. The event must finish by 12:00 a.m. and
the premises and the adjoining parking lots must be promptly vacated
by all the guests.
C. Entertainment lawfully conducted at any
city park, building or recreational facility.
D. Entertainment lawfully conducted entirely
upon property owned or controlled by a governmental entity.
E. Entertainment sponsored by a city authorized
business improvement district or area when:
1. The business improvement district or area
is created pursuant to and is abiding by state law, and in compliance
with agreements between the business improvement district or area
and the city;
2. The event is for the purpose of improving
the area encompassed by the business improvement district or area;
and
3. The business improvement district or area
is the responsible person for the event.
F. Entertainment limited to the use of a radio,
music recording machine, juke box, television, video games, video
programs, or recorded music by an establishment that does not permit
dancing.
G. Entertainment provided for members and
their guests at a private club having an established membership when
admission is not open to the public. For purposes of this section,
private club means a corporation or association operated solely for
objects of national, social, fraternal, patriotic, political, or athletic
nature, in which membership is by application and regular dues are
charged, and the advantages of which club belong to members, and the
operation of which is not primarily for monetary gain.
H. Entertainment provided solely for invited
guests at a private event such as a wedding reception, banquet, or
celebration where there is no admission charge.
I. Entertainment conducted in connection with
a regularly established theme park.
J. Parades; however, a special events permit is required per Chapter
9.36.
K. Street performers such as musicians, singers
or mimes.
L. Entertainment conducted or sponsored by
any religious organization, bona fide club, organization, society
or association that is exempt from taxation pursuant to Internal Revenue
Code Section 501(c)(3), when all proceeds, if any, arising from such
entertainment are used exclusively for the benevolent purposes of
such religious organization, club, society or association.
M. Performances by the students at educational
institutions as defined by the
Education Code where such performances
are part of an educational or instructional curriculum or program.
O. Motion picture theaters not providing live
entertainment.
P. Dance lessons, theatrical and performing
arts lessons and student recitals, provided that no alcoholic beverages
are served on the premises.
Q. Book readings, book signings, poetry recitations,
and any other similar entertainment consisting of the spoken word,
including plays.
R. Fundraisers for a political or charitable
cause, provided that 100 percent of the proceeds are used for the
purposes of the political or charitable cause.
S. Entertainment consisting of ambient or
incidental music provided for guests or patrons by musicians such
as a piano player, harpist, strolling violinist, mariachi band, guitarist
or band. If there is an admission charge or other charge required
to observe or attend such entertainment, the music will not be considered
ambient or incidental.
T. Any establishment, venue or assemblage
of 49 persons or less, as described in the maximum occupancy load.
U. Entertainment conducted in any hotel or
motel having in excess of 100 rentable rooms or suites.
V. Entertainment lawfully conducted at any
of the following regulated businesses:
1. Adult-oriented businesses, regulated under Chapter
9.11; or
2. Bingo, regulated under Chapter
10.62.
W. The normal and customary fitness services
provided by an athletic club or fitness center.
(Ord. 5114 §
2, 2012; Ord. 5852 § 4, 2017)
This chapter is intended to implement minimum standards applicable to the operation of all entertainment establishments. Nothing in this chapter shall limit the city’s authority to impose and enforce permit conditions under Section
9.45.190 requiring entertainment establishments to comply with operating standards that are more strict, comprehensive or onerous than the minimum standards imposed by this chapter.
(Ord. 5114 §
2, 2012)
Each responsible person shall make
reasonable efforts to prevent the admittance of any person whose conduct
is described as “disorderly conduct” under this chapter,
including, but not limited to, such conduct as described in Penal
Code Section 415 (fighting, loud noise, offensive words in public
places) or 647 (disorderly conduct) at the premises or on any parking
lot or similar facility used by the establishment. Each responsible
person shall make reasonable efforts to remove any persons exhibiting
such conduct from the establishment and the vicinity.
(Ord. 5114 §
2, 2012; Ord. 5852 § 5, 2017)
Each responsible person shall make
reasonable efforts to prevent the admittance of any overly intoxicated
person. For purposes of this section, a person is “overly intoxicated”
when he or she exhibits readily apparent outward manifestations of
drug or alcohol intoxication, including, but not limited to, inability
to walk or stand in a normal manner, bloodshot or glassy eyes, flushed
face, incoherent or slurred speech, alcoholic breath, belligerence
or other loud or boisterous conduct, extreme agitation or nervousness
or mental confusion, where such manifestations lack other apparent
cause.
(Ord. 5114 §
2, 2012)
Each responsible person shall obey all laws applicable to noise abatement, including those contained in Roseville Municipal Code Chapter
9.24.
(Ord. 5114 §
2, 2012)
Each responsible person shall make
reasonable efforts to control the conduct of patrons so as to prevent
or minimize disorderly or unlawful conduct within the premises and
within 20 feet of the premises.
(Ord. 5114 §
2, 2012; Ord. 5852 § 6, 2017)
Each responsible person shall use
reasonable efforts to cause the orderly dispersal of individuals from
the vicinity of the premises at closing time, and shall not allow
them to congregate within 20 feet of the premises so as to result
in disorderly conduct.
(Ord. 5114 §
2, 2012; Ord. 5852 § 7, 2017)
A. The chief of police may require a permittee
or responsible person to close down operations and disperse all persons
for the remainder of its daily operation whenever disorderly conduct
by patrons reaches a magnitude that presents an immediate and ongoing
threat to the public safety or well-being of the patrons and general
public in the vicinity.
B. Circumstances constituting an immediate
threat to the public safety include, but are not limited to, the following:
1. There is an immediate ongoing and likely
to continue threat of bodily harm or injury to a person or persons.
2. There is a clear and present danger of
riot, disorder or unlawful interference with traffic upon the public
streets.
3. When the occupancy rules are being violated.
C. It is unlawful for any person to fail to comply with any directive issued by the chief of police under authority of subsection
A.
(Ord. 5114 §
2, 2012; Ord. 5852 § 8, 2017)
This chapter shall apply to the issuance, renewal, suspension, modification or revocation of any permit required by Section
9.45.030.
(Ord. 5114 §
2, 2012)
A. All applications for permits shall be filed
with the chief of police on such forms as he or she may prescribe,
and shall contain all of the following:
1. The name and permanent address of the applicant
and all other persons having a financial interest in the operation
of the entertainment, business or premises where the entertainment
is to be located.
2. A description of the proposed entertainment,
including the maximum number of persons who are expected to be present
within the premises at any one time.
3. The proposed opening date and hours of
operation of the entertainment establishment.
4. For special or limited duration events,
the date or dates, hours and location of the proposed entertainment.
5. The proposed security arrangements for
the control of patrons.
6. The name or names of the person or persons
having management or supervision authority over the proposed entertainment,
or any business or premises wherein the entertainment is proposed
to be located.
7. Whether the applicant or any other responsible
person(s) have been convicted of a misdemeanor or felony offense within
the past five years, the nature of such offense(s), and the sentence(s)
imposed therefor.
8. Written consent for the proposed entertainment
on the premises from the owner of the property on which the entertainment
is to be conducted.
9. Such other information as the chief of
police shall deem necessary for the proper processing and review of
the application.
B. The applicant and all responsible persons
shall submit to fingerprinting by the chief of police.
C. Upon receipt of a complete application,
the chief of police shall provide to the applicant a notice of application
for entertainment permit. The applicant shall post the notice on the
exterior of the premises for which the permit is sought within 24
hours after receiving the notice and for no less than 14 calendar
days, or in the case of an application for an entertainment permit
for a special event for a period no less than 48 hours, in a location
that allows interested members of the public to read the notice.
D. Except as provided below, the chief of
police shall either approve or deny the entertainment permit within
60 calendar days of receipt of the complete application. The chief
of police may extend the time for consideration of the application
by not more than 20 calendar days.
E. The chief of police shall either approve
or deny the entertainment permit for a special event within five calendar
days of receipt of the complete application. The chief of police may
extend the time for consideration of the application by not more than
five calendar days.
(Ord. 5114 §
2, 2012; Ord. 5852 § 9, 2017)
Every application for a permit shall
be accompanied by a nonrefundable application fee as established by
resolution of the city council. This application fee shall be in addition
to the city’s business license tax and any other license or
permit fee imposed by this code upon the applicant.
(Ord. 5114 §
2, 2012)
A. The chief of police shall conduct a thorough
investigation of the application. The chief of police shall obtain
recommendations and reports from such other city departments as he
or she deems necessary, concerning the application.
B. The chief of police shall approve the issuance
of the entertainment permit if he or she finds all of the following:
1. Issuance of the permit and conduct of the
entertainment at the proposed location, as conditioned, is consistent
with federal, state and local laws, rules, regulations and any existing
special permit(s).
2. The proposed location has a current fire
department occupancy permit and has received a fire and life safety
inspection within the previous fiscal year.
3. Neither the applicant nor any responsible
person or principal of the applicant has, within the past five years,
been convicted of a felony or other crime that is substantially related
to the qualifications, functions or duties of a proprietor of premises
upon which the entertainment activities are conducted.
4. Neither the applicant nor any responsible
person or principal of the applicant has a history of committing,
permitting or failing to prevent significant violations of the city
code, or any license or permit, in connection with an entertainment
establishment for which he or she was a responsible person.
5. It does not appear, based upon the information
before the chief of police, that the applicant has provided false
or misleading material information in the application.
C. Where the chief of police determines that
a permit application should be denied, he or she shall inform the
applicant of the reason(s) for the denial in writing.
D. In issuing the permit, the chief of police
may impose conditions relating to the operation of the entertainment
establishment.
1. Conditions may include, but are not limited
to, all of the following:
b.
Restrictions designed to prevent
minors from obtaining alcohol, such as separate entrances, exits,
and restroom facilities on the premises;
d.
The number and age of persons allowed
on premises;
e.
No glassware or glass containers
after 10:00 p.m.;
f.
Whether licensed, uniformed security
guards are required, and if so, how many;
g.
Specific measures the permittee must
undertake to control the conduct of patrons so as to prevent or minimize
disorderly conduct within the establishment;
h.
Specific measures the permittee must
undertake to remove trash attributable to the establishment or its
patrons in and around the establishment, the surrounding neighborhood
and the public right-of-way;
i.
Specific measures the permittee must
undertake to prevent the entertainment and its patrons from disturbing
the peace and quiet of the surrounding neighborhood; and
j.
Whether the chief of police must
receive advance notice of the date of a particular event if that event
is not held as part of the regularly scheduled events of the business.
2. Conditions shall be based on specific and
articulable facts reasonably related to insuring the public health,
safety and welfare, including, but not limited to, criminal activity,
the conservation of limited city public safety resources and the prevention
of public nuisance activity that detracts from the peace.
3. Conditions shall be listed on, or attached
to, the permit.
4. The chief of police shall give the permittee
an opportunity to review any proposed conditions and the chief of
police will consider the input of the permittee prior to imposing
those conditions.
5. Conditions may not be imposed that conflict
with any local, state or federal law, or that conflict with the permittee’s
ABC license. Nothing in this subsection is intended to prevent the
chief of police from imposing more restrictive conditions related
to the age of patrons inside an ABC establishment. The intent of this
subsection is to allow the sale and service of food to minors in a
bona fide public eating place (ABC license types 41, 47 and various
club licensed premises) with reasonable conditions placed on the permit
to prevent curfew violations and protect the minors from alcohol and
other criminal activity.
6. The chief of police may require the applicant
to demonstrate compliance with any applicable existing special permit
prior to issuance of the permit or may issue the permit conditioned
upon the applicant obtaining any other additional necessary special
permit or other city, county or state approval.
7. No condition may be imposed pursuant to
this chapter that suppresses or regulates expression in any manner
contrary to law.
8. Imposition of any particular condition is appealable through the procedures set forth in Section
9.45.260.
9. It is unlawful for a permittee or other
responsible person to violate the terms or conditions of the permit.
(Ord. 5114 §
2, 2012; Ord. 5251 § 1, 2013)
The permit issued pursuant to this
chapter shall at all times be displayed in a conspicuous place in
the entertainment establishment for which it was issued and shall
be immediately produced upon the request of any police or code enforcement
officer.
(Ord. 5114 §
2, 2012)
Permits issued pursuant to this chapter
are not transferable to another person or location.
(Ord. 5114 §
2, 2012)
In the event an application for a
permit is revoked by the chief of police, no application for a permit
to conduct the proposed activity at the same location shall be considered
by the chief of police for a period of one year from the date of revocation,
unless sufficient proof of adequate change of ownership has been presented
to the chief of police.
(Ord. 5114 §
2, 2012; Ord. 5852 § 10, 2017)
A. After notice to the permittee and an opportunity
for a hearing as provided in this section, the chief of police may
suspend, modify or revoke any permit issued pursuant to the provisions
of this chapter for any of the following reasons:
1. The entertainment has been conducted in a manner contrary to the findings for the issuance of a permit set forth in Section
9.45.190(B);
2. The permittee has failed to comply with
one or more conditions of the permit;
3. The entertainment has created sound levels
that violate the city code;
4. The permittee or his or her employees,
agents, or representatives have violated or are violating federal,
state or local laws, rules or regulations in connection with the entertainment;
5. The entertainment has been conducted in
an illegal or disorderly manner or has been conducted in such a manner
as to constitute an unreasonable burden on the reasonable use and
enjoyment of neighboring properties;
6. The applicant has knowingly made a false
statement of material fact or has knowingly omitted a material fact
in the application;
7. The entertainment has created or is creating
a nuisance;
8. The permittee or any other responsible
person has violated any provision of this chapter; or
9. The modification has been requested by
the permittee and the chief of police finds the modification is consistent
with the provisions of this code and will not constitute a nuisance
or an unreasonable burden upon city resources or the surrounding neighborhood.
B. The chief of police with the concurrence
of the city attorney may modify a permit, which is in violation of
the above, by way of a negotiated settlement with the permittee.
(Ord. 5114 §
2, 2012; Ord. 5852 § 11, 2017)
Violation of any provision of this
chapter may be charged as an administrative citation, misdemeanor
or infraction, at the discretion of the city attorney.
(Ord. 5114 §
2, 2012)
Unless otherwise expressly provided,
the remedies, procedures and penalties provided by this chapter are
cumulative to each other and to any others available under state law
or other city ordinances.
(Ord. 5114 §
2, 2012)
The provisions of this chapter are
hereby declared to be severable. If any provision, clause, word, sentence,
or paragraph of this chapter or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity
shall not affect the other provisions or application of this chapter.
(Ord. 5114 §
2, 2012)