The terms defined in this section, as used in this chapter,
shall be defined as follows:
means and includes the city manager or someone designated
by the city manager to act on his or her behalf, for the purposes
of this chapter.
means the director of community and economic development
of the city of La Habra, and shall include his or her designee.
mean and include, but are not limited to, the playing of live or recorded music, dancing, any act, play, burlesque show, revue, pantomime, cabaret, fashion or style show, or other live or recorded performances conducted for the entertainment of patrons of a commercial establishment, and the use of electronic games, pool, billiards, darts, or similar game tables. Entertainment, as that term is used in this chapter, however, does not include entertainment distinguished or characterized by an emphasis on depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in Section 18.60.010, which entertainment shall be regulated by Chapter 18.56 of this code.
means any person who is an agent, employee or independent
contractor of an entertainment business, and who, with or without
any compensation or other form of consideration, performs live entertainment
for patrons of such business. Entertainer does not include a patron.
Entertainer includes those agents, employees or independent contractors
who wait on, serve, or socialize with patrons, if such agent, employee
or independent contractor, at any time while present on the premises,
while in the capacity of agent, employee, or independent contractor,
performs, performed, or will perform live entertainment.
means and includes the city council or the police department, as designated by Section 5.32.010(B) in evaluating a permit application pursuant to this chapter.
means and includes the police chief or someone designated
by the police chief to act on his or her behalf, for the purpose of
this chapter.
means and includes the following:
means and includes the following:
(Ord. 1547 § 1, 1999; Ord. 1548 § 1, 1999; Ord. 1719 § 1 (Exh. B), 2010; Ord. 1757 § 2, 2015)
A.
It is
unlawful for any person to open, manage or conduct within the city
for commercial purposes or where alcohol or spirits of any nature
may be served or sold, a facility where entertainment is provided
at a business establishment that is open to the public and such entertainment
is available for patrons or users of the facility; unless and until
such time as such person shall have first procured a permit pursuant
to the provisions of this chapter to open, manage or conduct such
activity.
B.
Such
permit application shall be submitted to the director. The director
shall then direct the application to the appropriate department/entity,
according to the following guidelines, for approval or denial by that
department/entity:
1.
An application for any proposed use(s) including live entertainment by entertainers and karaoke shall be directed to the city council, notwithstanding the provisions of subsection (B)(2) of this section, and shall be called a "live entertainment permit," unless such application includes a proposed modification to, or initial application for, a conditional use permit, in which case a business must comply instead with the provisions of Chapter 18.66 of this code regarding conditional use permits, except that the applicant may request that a live entertainment permit be evaluated separately from the application for a conditional use permit, in which case the live entertainment permit will be issued or denied pursuant to this chapter and the conditional use permit shall be evaluated pursuant to the provisions of Chapter 18.66.
2.
An application containing only one or more of the following proposed use(s) shall be directed to the police department: dancing for patrons only; any games, including but not limited to pool/billiards, electronic arcade games, darts, or any other game tables for use by patrons; and/or juke boxes, or any other recorded music, and shall be called an "amusement device or dance floor entertainment permit," unless such application includes a proposed modification to, or initial application for, a conditional use permit, in which case a business must comply instead with the provisions of Chapter 18.66 of this code regarding conditional use permits.
C.
An application
shall be determined by the director to be complete within five working
days of its submittal to the director. If it is determined that the
application is not complete, the applicant shall be notified in writing
that the application is not complete and the reasons therefor, including
any additional information necessary to render the application complete.
Such writing shall be deposited in U.S. mail, postage prepaid, addressed
to the applicant. Within five working days following the receipt of
an amended application or supplemental information, the director shall
again determine whether the application is complete in accordance
with the procedures set forth above. Evaluation and notification shall
occur as provided above until such time as the application is found
to be complete.
(Ord. 1757 § 3, 2015)
The provisions of this chapter shall not be deemed to require
a permit for the following:
A.
For
the use of a radio, or other electronic play-back device that is not
coin-operated or otherwise designed to produce revenue, in any establishment,
except when utilized by an announcer or "disc jockey"
who at any time provides any form of vocal entertainment, including
the announcing of song titles or artists' names in conjunction
therewith;
B.
For
entertainment conducted in connection with a regularly established
motion picture theater, recreation park, circus or fairground;
C.
For
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 at regular intervals of not less than once per
three-month period, when proceeds, if any, arising from such entertainment
are used for the purpose of such club, society or association;
D.
For
entertainment conducted solely on or at any premises or location which
is owned or operated by, or leased by, to or from the United States,
state of California, county of Orange, or any agency or subdivision
thereof.
(Ord. 1547 § 3, 1999; Ord. 1548 § 3, 1999)
The applicant shall be at least eighteen years of age. The applicant
shall set forth, in substantially the following order, the following
information:
A.
The
name of the owner of the premises in or upon which the proposed activity
is to be established;
B.
The
address, location and general dimensions as to size of room(s) wherein
such business is to be conducted;
C.
The
name and mailing address of the owner of the lease, if any, upon the
premises, under or by the provisions of which such business is to
be operated or maintained;
D.
If the
application involves the use of equipment, electronic games, musical
instruments, pool, billiards or other similar game tables, jukebox,
karaoke machine or other dance, amusement or entertainment-related
equipment, the name of the owner of such equipment, a description
of the equipment including size, type and quantity and a diagram of
the proposed location of the equipment within or upon the facility;
E.
The
name and address of the person or persons who will operate, manage
or conduct the business within or upon the premises, such address
to be the place where the applicant desires notices to be mailed pursuant
to this chapter;
F.
The
name of such additional or other lines of business as will be conducted
in conjunction with the maintenance or operation of the business within
or upon the premises;
G.
A description
of any security measures that the applicant intends to implement at
the business;
H.
A list
of all other licenses and/or permits issued to and/or revoked from
the applicant, in the three years prior to the year of the permit
application, such other license and/or permit relating to similar
business activities as in the permit application, including the type,
current status, and issuing agency for each license/permit;
I.
A list
of the names of all employees at the business, such list to be updated
in writing to the city by the permittee each quarter from the date
of the issuance of a permit pursuant to this chapter.
(Ord. 1547 § 4, 1999; Ord. 1548 § 4, 1999)
The application for a permit required by this chapter shall
be signed and attested to by the applicant under penalty of perjury.
At the time the application is presented to the licensing administrator
according to the provisions of this chapter, the applicant shall,
if so required by the licensing administrator, personally appear before
the licensing administrator and answer any and all such questions
or provide necessary additional information pertaining to the conduct
of the business as may be required of him or her.
(Ord. 1757 § 4, 2015)
A.
The licensing administrator shall grant, conditionally grant or deny an application for a permit sought under this chapter according to the guidelines set forth in Section 5.32.050 of this code.
B.
Upon
the filing of a completed application, the licensing administrator
shall cause to be made an appropriate investigation, including consultation
with the building, police, fire and/or health departments and inspection
of the premises as needed. Consultation is not grounds for the city
to unilaterally delay in reviewing a completed application, nor is
it grounds to extend any time periods, provided for in this chapter,
to render a decision on an application.
C.
The
licensing administrator shall consider the application and shall grant,
conditionally grant, or deny the application within thirty days of
the submission by the applicant of a completed application. So far
as the orderly conduct of public business allows, any interested person
may appear before the city council for the presentation, adjustment
or determination of an issue, request, or controversy related to the
application for a live entertainment permit.
D.
The
licensing administrator shall render a written decision on the application
for a permit sought under this chapter within five business days of
the time the decision is made pursuant to this section, unless the
applicant stipulates to a later date.
1.
If
such decision is made by the city council, acting as licensing administrator
for a live entertainment permit application, such decision shall be
final.
E.
In reaching
a decision on the issuance or denial of an application for a permit
pursuant to this chapter, the licensing administrator shall not be
bound by the formal rules of evidence.
F.
The
failure of the director and/or the licensing administrator to render
any decision within the time frames established in any part of this
section shall be deemed to constitute a denial of a permit sought
by an applicant under this section, except as such deviation is stipulated
to by the applicant. Extensions of time sought by applicants shall
not be considered delay on the part of the city or constitute failure
by the city to provide for prompt decisions on applications.
G.
Any
person aggrieved by any decision of the police department acting as
licensing administrator with respect to the issuance or denial of
an amusement device or dance floor entertainment permit may appeal
to the city manager by filing a notice of appeal with the city clerk
within fourteen days of the date of the written findings and decision
made pursuant to this section. The city manager shall give immediate
notice of such written appeal to the city council. The clerk shall
thereafter give notice to the appellant of the time and place for
the hearing of such appeal and the following provisions shall apply
to the hearing conducted by the city manager:
1.
The
city manager shall have authority to determine all questions raised
on such appeal.
2.
Witnesses
need not be sworn.
3.
The
proceeding shall be tape recorded.
4.
The
formal rules of evidence shall not apply.
5.
The
person appealing and the police department shall be given an opportunity
to present their positions by calling witnesses and presenting evidence
and/or argument challenging the issuance or denial.
6.
A
written notice of the decision by the city manager on the appeal of
the issuance or denial of a permit pursuant to this chapter shall
be mailed to the person appealing and the applicant within fourteen
days of the hearing and shall include both the findings upon which
the decision is based, as well as citation to California Code of Civil
Procedure Section 1094.5 and 1094.6. Such decision by the city manager
of the appeal of an issuance or denial of an entertainment permit
shall be final.
H.
The
following provision shall apply to any applicant for a live entertainment
permit whose permit has been denied or conditionally approved, including
conditions to which the applicant objects, pursuant to this chapter:
1.
Such
live entertainment applicant shall be afforded prompt judicial review
of that decision as provided by law pursuant to California Code of
Civil Procedure Sections 1094.5, 1094.6 and 1094.8.
2.
The
city shall make all reasonable efforts to expedite such review and
shall comply with the provisions of California Code of Civil Procedure
Section 1094.8 and/or any subsequent, applicable statutes or rules
of the courts or law of the state or nation which specify the prompt
judicial review to be provided to a permit applicant.
(Ord. 1547 § 6, 1999; Ord. 1548 § 6, 1999; Ord. 1575 §§ 2, 3, 2000; Ord. 1757 § 5, 2015)
The licensing administrator shall consider in the granting or
denial of a permit the following criteria:
A.
Compliance
with all provisions of this chapter by the applicant;
B.
Any
conviction, forfeiture of bond, or plea of nolo contendere upon any
criminal conviction or city ordinance violation (except minor traffic
violations), within a five-year period, and, if so, the place and
court in which such conviction, plea or forfeiture was heard, the
specific charge and the sentence imposed as a result thereof;
C.
The
number and types of police reported/documented violations of law occurring
at the facility at which the entertainment activity is to occur, including,
but not limited to, disturbances of the peace, illegal drug activity,
public drunkenness, drinking in public, harassment of passersby, gambling,
prostitution, sale of stolen goods, public urination, theft, assaults,
batteries, acts of vandalism, loitering, excessive littering, illegal
parking, excessive loud noises, especially in the late night or early
morning hours, traffic violations, lewd conduct, or police detention
and arrests, and/or if caused by the operation of the facility, the
number and types of violation of enumerated laws occurring adjacent
to the proposed location for the permit for the past three years;
D.
Substantial
impact of the issuance of the permit to any residential zone, single-family
or multiple-family dwelling within five hundred feet of the proposed
location of the permit. The kinds of impacts which are to be considered
are parking availability, noise levels, criminal activity, traffic,
hours of operation and other similar secondary impacts;
E.
Substantial
impact of the issuance of the permit to all properties adjacent to
the proposed location of the permit, in particular, parking availability,
noise levels, hours of operation, traffic and other similar secondary
effects;
F.
In determining
the weight to be given, in the granting or denying of an application
for an entertainment permit, to any criminal convictions, city ordinance
violations, and illegal activity at the business facility, at which
the entertainment activity is to be offered, consideration shall be
given to evidence of rehabilitation, efforts to correct violations,
the nature of the conviction(s), the nature of the violation or alleged
violation of law(s), enforcement of existing penal laws and matters
such as remoteness in time, continuing course of conduct. The degree
of detrimental impact required to deny a permit for a proposed facility
must be substantial;
G.
Compliance
with all local, state and federal laws including all fire and health
code requirements.
(Ord. 1547 § 7, 1999; Ord. 1548 § 7, 1999)
A.
Every
business which provides a dance floor for patrons only, whether or
not accompanied by live or recorded music, shall provide an appropriate
location of the dance floor for patrons such that it does not create
a hazard to the safety of persons on the premises, including, but
not limited to, the obstruction or interference of the dance floor
with the movement of persons through passageways to restrooms or exits.
B.
It is
unlawful for any person in charge of an entertainment business subject
to this chapter to allow or permit the same to be or remain open between
the hours of two a.m. and six a.m. of any day, or to allow entertainment,
as defined in this chapter, to be conducted therein during such period.
C.
It is
unlawful for any person or persons in charge of any public dancehall
or place open to the public where public dances are held, to allow
or permit any person under the age of sixteen years in such public
dancehall, or to attend such public dances, unless such person shall
be, during all of the time, while in such public dancehall or attending
such dance, under the escort of an adult person.
D.
A responsible
person who shall be at least eighteen years of age shall be on the
premises of an entertainment business which does not sell alcoholic
beverages to act as manager at all times during which the business
having a permit under this chapter is open. A responsible person who
shall be at least twenty-one years of age shall be on the premises
of an entertainment business which does sell alcoholic beverages to
act as manager at all times during which the business having a permit
under this chapter is open. The individual designated as the on-site
manager shall be registered with the city by the owner within twenty-four
hours of employment of such designated manager at the business establishment
with a permit pursuant to this chapter. Registration of designated
manager(s) shall be made directly to the police department by the
owner of said business. The owner is to provide all on-site designated
managers with a copy of all rules, regulations and conditions of the
entertainment permit. Such designated manager shall receive all complaints
and be responsible for all violations taking place on the premises
and/or parking lot area(s) of the business. Criminal activity and/or
illegal conduct by patrons and/or employees shall be immediately reported
to the police department by the on-duty manager.
E.
Any manager designated pursuant to subsection D of this section shall be responsible for immediately reporting any known illegal activity on the premises of the business establishment to the La Habra police department. Any owner of a business establishment with an entertainment permit pursuant to this chapter shall also be responsible for immediately reporting any known illegal activity occurring on the premises of the business establishment to the La Habra police department. Only one report to the police department regarding any particular incident at a business establishment is necessary pursuant to this section, except that the owner shall be responsible if no report is made pursuant to this section.
F.
For
businesses that have an entertainment permit pursuant to this chapter,
which are licensed by the Alcohol Beverage Control Department to serve
alcoholic beverages on the premises, and whose primary source of income
or revenue is from the sale of alcohol, the following provisions shall
apply:
1.
The
business shall provide a security system that visually records and
monitors all parking lot areas, or in the alternative, provide security
guards to patrol and monitor the parking lot areas. Video security
systems shall be maintained in good working order at all times and
subject to periodic inspection by the police department upon request.
Video tapes of daily business operations shall be kept a minimum of
seven days prior to reuse or destruction of such video tapes.
2.
The
city shall require security officers to be provided by the applicant
during the hours of operation of the establishment for which the permit
is sought, if such officers are necessary to maintain the peace and
to enforce all statutes, ordinances and conditions of the permit.
3.
A
security officer required and/or provided by the entertainment business
shall comply with the provisions of California Business and Professions
Code Section 7582, et seq.
G.
The
licensing administrator has the discretion to add appropriate and
narrowly tailored conditions to the granting of a permit pursuant
to this chapter, should the particular facts and/or circumstances
of a proposed use so justify.
(Ord. 1547 § 8, 1999; Ord. 1548 § 8, 1999)
An entertainment business having on its premises entertainers
dancing or performing other related forms of entertainment, wherein
performances are being offered by entertainers for the viewing of
patrons of the establishment, must satisfy the following requirements
at all times:
A.
A stage
area for the entertainers with a minimum size of one hundred square
feet.
B.
A minimum
distance of six feet between the stage area and the nearest area occupied
by patrons of the establishment shall be maintained.
C.
No patron
shall be permitted within six feet of the stage while the stage is
occupied by entertainer(s).
D.
No entertainer
shall perform within six feet of a patron.
E.
Separate
dressing room facilities shall be provided for entertainers, where
patrons are not permitted entry, and such dressing rooms shall also
be separated by the gender of the entertainers.
F.
No entertainer
shall have physical contact with any patron, and no patron shall have
physical contact with any entertainer, while the entertainer and patron
are on the premises, including contact with or between the specified
anatomical parts of the entertainers and patrons respectively. This
prohibition does not extend to incidental touching. Patrons shall
be advised of the separation and no-touching requirements by obvious
and visible signs placed at the entertainment business establishment
and, if necessary, by employees of the establishment.
G.
If patrons
wish to tip entertainers, tips shall be placed in receptacles which
shall be located at least six feet from the entertainers and the performing
area. Patrons shall not be permitted to throw tips to entertainers,
hand tips directly to the entertainers, or place tips in the entertainers'
costumes.
H.
The
entertainment business shall provide an entrance/exit to the premises
for entertainers which is separate from the entrance/exit used by
patrons.
I.
If the
entertainment business provides restrooms for patron use, it shall
provide separate restroom facilities for male and female patrons.
The restrooms shall be free from sexually oriented materials and sexually
oriented merchandise. Only one person shall be allowed in each restroom
at any time, unless otherwise required by law, if the entertainment
business has restroom facilities designed for use by only one person
at a time. If the entertainment business has restroom facilities designed
for use by more than one person at a time, then the entertainment
business shall employ a restroom attendant of the same sex as the
restroom users, who shall be present in the public portion of the
restroom during the period one hour before through one hour after
the time when the entertainment business shall have entertainers dancing
or performing other related forms of entertainment for the viewing
of patrons. No person of the opposite sex for which the restroom is
designated shall be permitted into that restroom, and not more than
one person is permitted to enter a restroom stall, unless otherwise
required by law, and, with the exception of urination, no persons
shall engage in any specified sexual activity in the public portion
of the restroom. The restroom attendant shall have the duty to inform
the owner or manager of any violations of this section. Such owner
or manager with knowledge of such violations shall have the responsibility
of insuring that such violations do not occur and/or continue.
J.
There
shall be no physical contact between patrons which contact involves
the touching of specified anatomical areas. This prohibition does
not extend to incidental touching. Patrons shall be advised of the
no-touching requirements by signs at the entertainment business and,
if necessary, by employees of the establishment.
(Ord. 1547 § 9, 1999; Ord. 1548 § 9, 1999)
A.
Live Entertainment Permit. The initial application for a live entertainment permit and any subsequent annual renewal shall be accompanied by a live entertainment permit fee, as established by resolution of the city council, to defray the costs to the city of conducting investigation of the matters contained in the application and of the fitness of the premises. The fees provided by this subsection are in addition to any business license fees or building department or fire department inspection fees.
B.
All
Other Forms of Entertainment Requiring Permits. The initial application
for an amusement device or dance floor entertainment permit and any
subsequent annual renewal shall be accompanied by an amusement device
or dance floor entertainment permit fee, as established by resolution
of the city council, to defray the costs to the city of conducting
an investigation of the matters contained in the application and of
the fitness of the premises. The fees provided by this section are
in addition to any business license fees or building department or
fire department inspection fees.
C.
Any
ownership transfer of the business conducted on the premises issued
a permit under this section in which the new owner seeks a live entertainment
or an amusement device or dance floor entertainment permit shall require
an application by the new owner and a reinspection. New owners shall
be subject to the same application requirements and permit fees as
any new applicant.
D.
Any
change in the type of entertainment conducted on the premises issued
a permit under this chapter will require an application for a new
permit and a reinspection. The changed use will require the payment
of the same fees applicable to a new permit.
E.
All
permit fees are nonrefundable.
F.
Any
review of an existing and currently active permit, if ordered by the
licensing administrator, shall require the payment of a permit review
fee, the amount of which shall be established by resolution of the
city council.
(Ord. 1547 § 10, 1999; Ord. 1548 § 10, 1999)
The payment of a business license to the city shall not, in
any event, be deemed or considered as a license or right to conduct
such business within the city, without permit having been granted,
as provided in this chapter, and nothing in this chapter shall in
any way relieve any person conducting such business in the city from
paying such regular business or other license as from time to time
may be fixed and required to be paid, pursuant to ordinances of the
city.
(Ord. 19 § 6, 1925)
All permits granted pursuant to the provisions of this chapter shall be valid for one year from the date of issuance and will automatically expire, unless renewed, pursuant to the provisions of Section 5.32.085 of this chapter on or before the anniversary date of issuance of the original permit. No permit issued hereunder shall be valid for more than a one-year period of time, nor may the same be assigned or transferred.
(Ord. 1547 § 11, 1999; Ord. 1548 § 11, 1999)
A permit holder must file a new application pursuant to this chapter at least thirty days, but no more than sixty days prior to the expiration of a current application, or must file a sworn, written statement that no information on the prior permit application has changed, in order to be considered for permit renewal, according to the same provisions as an initial application, as set forth in Sections 5.32.010 through 5.32.050 of this chapter.
(Ord. 1547 § 12, 1999; Ord. 1548 § 12, 1999)
All persons engaged in providing entertainment in the city,
prior to the enactment of the ordinance codified in this chapter as
amended, shall have to and including December 1, 1999, to file an
application for an entertainment permit under this chapter or shall
have to and including the anniversary date of the issuance of the
most recent entertainment permit, whichever occurs first.
(Ord. 1547 § 13, 1999; Ord. 1548 § 13, 1999)
B.
Prior
to any revocation of any amusement device or dance floor entertainment
permit issued pursuant to this chapter the following provisions shall
apply:
1.
Written
notice from the police department shall be personally delivered or
mailed to the holder of the permit fourteen days prior to the date
the revocation is to become effective, such notice to contain a statement
of the specific grounds upon which the revocation is based. Such revocation
is effective with no further notice to the applicant, unless the permittee
makes a written request to the city clerk for a hearing with the city
manager or his/her designee by the date that the revocation is to
take effect.
2.
If
the permittee makes a request for such a hearing by the city manager,
such hearing shall be conducted within thirty days of the filing of
the written request with the city clerk, and the hearing shall be
conducted according to the following provisions:
a.
The city manager shall give immediate notice of the appeal to the
city council.
b.
The city clerk shall ensure that notice of the date, time, and place
of the hearing is sent to the appellant at least fifteen days prior
to the hearing date.
c.
Witnesses are not required to be sworn.
d.
The hearing shall be tape recorded.
e.
The hearing shall be an administrative proceeding wherein the formal
rules of evidence shall not apply. Hearsay can be presented to supplement
and/or explain direct evidence, as provided in California Government
Code Section 11513(c). Police reports shall be admissible, even if
they are unsworn.
f.
The permittee and the city shall have an opportunity to present witnesses,
to present his/her position through evidence and argument, and to
respond to the police department's reasons for revocation.
g.
The city manager shall make his/her review of the decision to revoke,
not revoke, or not revoke but add additional conditions to the permit,
within fourteen days of the hearing. Such decision shall be final
and shall take effect immediately upon its issuance. Notice of the
city manager's decision shall be in writing, shall be immediately
mailed to the permittee, shall include citation to California Code
of Civil Procedure Sections 1094.5 and 1094.6, and shall be accompanied
by the findings upon which the decision is based.
C.
Prior
to revocation of a live entertainment permit issued pursuant to this
chapter the following provisions shall apply:
1.
Written
notice from the city manager shall be mailed to the holder of the
permit fourteen days prior to the date the revocation is to become
effective, such notice to contain the specific grounds upon which
the revocation is based. Such revocation is effective with no further
notice to the applicant, unless the permittee makes a written request
to the city clerk for a hearing with the city council by the date
that the revocation is to take effect.
2.
If
the permittee makes a request for such a hearing by the city council,
such hearing shall be conducted within thirty days of the filing of
the written request with the city clerk and the hearing shall be conducted
according to the following provisions:
a.
A written notice shall be sent to the permittee with the date, time
and place of the hearing at least fifteen days prior to the date of
the hearing.
b.
The hearing shall be an administrative proceeding wherein the formal
rules of evidence shall not apply. Hearsay can be presented to supplement
and/or explain direct evidence, as provided in California Government
Code Section 11513(c). Police reports shall be admissible, even if
they are unsworn.
c.
Witnesses shall be sworn.
d.
The public may address the city council without being sworn and/or
cross-examined. However, the permittee and the city may still present
evidence and/or argument to rebut such information presented by the
public.
e.
The permittee and the city shall have an opportunity to present witnesses,
to present his/her position through evidence and argument, and to
respond to the city manager's reasons for revocation.
f.
The proceeding shall be tape recorded or a court reporter, who shall
record and transcribe the proceeding, shall be present during the
proceeding.
g.
Upon such appeal hearing being conducted, the decision of the city
council as to such revocation shall be final and conclusive.
h.
The council shall make its decision to revoke, not revoke, or not
revoke but add additional conditions to the permit within fourteen
days of the hearing. Notice of the council's decision shall
be immediately mailed to the applicant. Such notices shall include
citation to California Code of Civil Procedure Sections 1094.5 and
1094.8. In all cases, the city clerk shall be responsible for preparing
a certificate of mailing. The council's decision shall be effective
on the fifth day after the date on such certificate of mailing. If
a judicial action, challenging the revocation, is commenced within
thirty days of the effective date of the revocation, however, the
status quo of the permit prior to revocation shall be maintained until
such time as a judicial decision is rendered from the court in which
the action is filed.
3.
Any
permittee whose live entertainment permit has been revoked or conditioned,
including conditions to which the applicant objects pursuant to this
section, shall be afforded prompt judicial review of that decision
as provided by law, pursuant to California Code of Civil Procedure
Sections 1094.5, 1094.6 and 1094.8. The city shall make all reasonable
efforts to expedite such review and shall comply with the provisions
of California Code of Civil Procedure Section 1094.8 and/or any subsequent,
applicable statutes or rules of courts or law of the state or nation
which specify the prompt judicial review to be provided to a permit
applicant.
E.
The
city shall provide disclosure to the permit holder of the specific
evidence supporting the revocation at least seven days prior to the
date of the hearing.
F.
Nothing
may be treated as evidence which has not been introduced as such.
G.
The
criteria by which a permit issued pursuant to this chapter shall be
considered for revocation shall be any of the following:
1.
Whether
the establishment or activity constitutes a public nuisance;
2.
Whether
the operation of the establishment or activity has resulted in repeated
police reported/documented violation of laws occurring at the facility
including but not limited to disturbances of the peace, illegal drug
activity, public drunkenness, drinking in public, harassment of passersby,
gambling, prostitution, sale of stolen goods, public urination, theft,
assaults, batteries, acts of vandalism, loitering, excessive littering,
illegal parking, excessive loud noises, especially in the late night
or early morning hours, traffic violations, lewd conduct, or police
detention and arrests, and/or if caused by the operation of the facility,
the number and types of violation of enumerated laws occurring adjacent
to the facility;
3.
That
the business establishment or activity has been conducted in a manner
which violates one or more of the conditions imposed upon the issuance
of the permit or which fails to conform to the plans and procedures
described in the application, or which violates the occupant load
limits set by the fire department;
4.
That
the business establishment or activity is operated in violation of
this chapter, or any other local, state or federal regulation;
5.
That
the permittee has failed to obtain or maintain all required city,
county and state licenses and permits;
6.
That
the permit is being used to conduct an activity different from that
for which it was issued;
7.
That
the permittee has misrepresented a material fact in the application
for permit or has not answered each question therein truthfully;
8.
That
due to changes in on-site conditions, the business lacks sufficient
on-site parking area for employees and the public under the standards
set forth in the city's parking code, except for an existing
use that is legal and nonconforming with respect to parking;
9.
That
the building or structure in which the business is conducted is hazardous
to the health or safety of the employees or patrons of the business
or of the general public, under the standards set forth in the Uniform
Building, Uniform Plumbing or Uniform Fire Code;
10.
That the permitted business creates sound levels which violate the
noise control ordinance of the city;
11.
That the security measures provided by the permittee are inadequate
to deter unlawful conduct on the part of employees or patrons, or
to promote the safe and orderly assembly and movement of persons and
vehicles, or to prevent disturbance of the neighborhood by excessive
noise created by patrons entering or leaving the premises where the
business operates;
12.
That the use for which the approval was granted has ceased to exist
or has been suspended for six months or more.
H.
In determining
the weight to be given to any criminal convictions, city ordinance
violations, and illegal activity at the facility, at which the entertainment
activity occurred, in the revocation of an entertainment permit, consideration
shall be given to evidence of rehabilitation, efforts to correct violations,
the nature of the conviction(s), the nature of the violation or alleged
violation of law(s), enforcement of existing penal laws, and matters
such as remoteness in time and continuing course of conduct. The degree
of detrimental impact required to deny a permit for a proposed facility
must be substantial.
(Ord. 1547 § 14, 1999; Ord. 1548 § 14, 1999; Ord. 1575 §§ 4, 5, 2000)
The conduct of any business within the city in violation of
any of the terms of this chapter is found and declared to be a public
nuisance, and the city attorney or the district attorney may, in addition
to or in lieu of prosecuting a criminal action hereunder, commence
an action or proceeding for the abatement, removal and enjoinment
thereof, in the manner provided by law; and shall take other steps
and shall apply to such courts as may have jurisdiction to grant such
relief as well as abate or remove such entertainment, amusement, or
dance establishment and restrain and enjoin any person from conducting,
operating or maintaining an entertainment, amusement, or dance establishment
contrary to the provisions of this chapter.
(Ord. 1575 § 6, 2000)
Should any section, subsection, clause or provision of this chapter for any reason be held to be invalid or facially unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter, it being hereby expressly declared that this chapter, and each and every section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases of this chapter be declared invalid or unconstitutional, including, but not limited to, the operational requirements contained in Sections 5.32.055 and 5.32.056.
(Ord. 1547 § 16, 1999; Ord. 1548 § 16, 1999)
Any person who violates any section of this chapter shall be
guilty of a misdemeanor and subject to a fine of one thousand dollars
and/or imprisonment in the county jail for a period of up to six months.
(Ord. 1575 § 7, 2000)
