"Live entertainment,"
as used in this chapter, shall not include entertainment provided solely by the use of a radio, television, music recording machine, or juke box, or any entertainment provided under the supervision of school authorities, the City, or any nonprofit organization or service club. However, it shall include any presentation or activity of any nature which is designed or intended to divert, amuse or attract the attention of persons observing such presentation or activities, including any type of presentation, but not limited to, any type or presentation in which live entertainers or performers appear before an audience of any number of persons. The mere presence of any employee in such public place, unclothed or in such attire, costume or clothing as to expose to public view any portion of either breast at or below the areola thereof of any female or of any private part of any such employee, or the permitting or allowing of any other person present on the premises to participate in any performance in such public place, unclothed or in such attire, costume or clothing, shall constitute "live entertainment" within the meaning of the term as used in this chapter.
(Prior code § 2362; Ord. 323 § 1, 1973)
No person shall perform, conduct, or allow the conduct of any act of entertainment in any place of entertainment, as the performer, owner or operator of such place, without first obtaining a permit therefor in the manner set forth in this chapter.
(Prior code § 2361; Ord. 323 § 1, 1973)
Any person required to obtain a permit pursuant to this chapter shall file a written application therefor with the chief of law enforcement. Written application forms for such permits shall be prepared by the chief of law enforcement, which shall require thereon such information as he or she deems necessary to carry out the purposes of this chapter, and which shall be approved as to form by the City Attorney.
(Prior code § 2363; Ord. 323 § 1, 1973)
A. 
Investigation. The chief of law enforcement, upon receipt of a written application for a permit, shall conduct an appropriate investigation to determine whether said permit should be issued in accordance with the provisions of this chapter. The chief of law enforcement shall consider any relevant factual material relating to such application.
B. 
Permit Issuance. The chief of law enforcement shall issue an entertainment permit required by this chapter only if he or she finds the following:
1. 
A written application form therefor has been filed;
2. 
The required filing and processing fee therefor has been paid to the Treasurer; and
3. 
As a result of his or her investigation, that all applicable provisions of this chapter with regard to such permit application have been or will be met.
C. 
Temporary Permit Issuance. The chief of law enforcement shall issue a temporary entertainment permit, which shall only be valid for a period of 30 days from date of issuance, if he or she finds that:
1. 
The applicant has satisfied the requirements set forth in subsection (B)(1) and (2) of this section; and
2. 
As a result of a preliminary local investigation it appears that all applicable provisions of this chapter with regard to such permit application have been, or will be, met.
(Prior code § 2365; Ord. 323 § 1, 1973; Ord. 463 § 1, 1979)
A. 
The chief of law enforcement shall issue a permit, based upon his or her investigation, if he or she finds the following:
1. 
The operation, as proposed by the applicant, if permitted, would comply with all applicable laws, including, but not limited to, the City's building, zoning and health regulations.
2. 
The applicant and any other person who will be directly engaged in the management and operation of the place of entertainment, other than one who participates in an act of entertainment:
a. 
Have not been convicted in a court of competent jurisdiction, by final judgment, of the following:
i. 
An offense involving the presentation, exhibition or performance of an obscene production, motion picture, play or act, nor
ii. 
An offense involving lewd conduct, nor
iii. 
An offense involving the use of force and violence upon the person of another, nor
iv. 
An offense involving misconduct with children;
b. 
Has not allowed or permitted acts of sexual misconduct to be committed in prior business operations.
3. 
The applicant has not knowingly made any false, misleading or fraudulent statement of facts in the permit application or any other document required by the City in conjunction therewith.
B. 
Permits may be issued conditionally, in order to ensure compliance with the provisions of this chapter.
C. 
If the chief of law enforcement finds any of the facts, as set forth in subsection A of this section, are present, he or she shall decline to issue the permit as requested.
(Prior code § 2366; Ord. 323 § 1, 1973)
Within 10 days after reaching a determination with reference to a permit application, the chief of law enforcement shall give written notice of his or her decision and the reasons therefor to the applicant and to any other person requesting such notice.
(Prior code § 2367; Ord. 323 § 1, 1973)
A. 
Any applicant aggrieved by the decision of the chief of law enforcement with reference to the issuance, conditional issuance or denial of a permit shall have the right of appeal. An appeal must be perfected within 15 days after the service of notice of decision by filing with the City Clerk a letter of appeal briefly stating therein the basis for such appeal, together with a filing and processing fee in the sum of five dollars.
B. 
Upon receipt of such letter of appeal and fee, the City Clerk shall immediately set the matter for consideration by the City Council at its next regularly scheduled meeting. The City Clerk shall give the appealing party and any other person requesting the same at least five days' written notice of the time and place of such hearing.
C. 
At the time and place set for the hearing upon the appeal from the decision of the chief of law enforcement, the City Council shall give the appealing party, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the determination of the chief of law enforcement should not be upheld. In all such cases, the burden of proof to show that the action taken by the chief of law enforcement was arbitrary, capricious or in excess of his or her authority, shall be upon the appealing party. The determination of the City Council shall be final and conclusive.
(Prior code § 2368; Ord. 323 § 1, 1973)
Permits issued pursuant to this chapter shall be posted on the premises where the business or enterprise for which the permit is issued is conducted and shall remain so posted during the period the permit is in force.
(Prior code § 2368.2; Ord. 323 § 1, 1973)
Permits issued pursuant to this chapter shall be valid until revoked or abandoned.
(Prior code § 2368.3; Ord. 323 § 1, 1973)
No permit shall be transferable from one person to another or for use at another location except with the written consent of the chief of law enforcement. An application for such a transfer shall be in writing and shall be accompanied by a filing and processing fee of $10.00, the same to be filed with the chief of law enforcement. The written application for such transfer shall contain the same information as required in this chapter for an initial application for such a permit.
(Prior code § 2369; Ord. 323 § 1, 1973)
A. 
The chief of law enforcement shall suspend any permit issued under this chapter if he or she finds the following:
1. 
The operation as conducted by the applicant does not comply with all applicable laws, including, but not limited to, the City's building, zoning and health regulations.
2. 
The applicant, and any other person who will be directly engaged in the management and operation of the place of entertainment, has:
a. 
Been convicted in a court of competent jurisdiction, by final judgment, of the following:
i. 
An offense involving the presentation, exhibition or performance of an obscene production, motion picture or play,
ii. 
An offense involving lewd conduct,
iii. 
An offense involving the use of force and violence upon the person of another, or
iv. 
An offense involving misconduct with children;
b. 
Allowed or permitted acts of sexual misconduct to be committed at the place of entertainment.
3. 
The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or any other document required in conjunction therewith.
B. 
The determination of the chief with regard to matters of suspension shall be appealable in the time and manner set forth in Section 4.24.080.
C. 
The chief of law enforcement, in the case of such suspension, shall serve the permittee with a written order of suspension which shall state the reasons for such suspension. The order shall be effective immediately if personally served, or 48 hours after the same has been deposited in the course of transmission in the United States Postal Service.
D. 
Immediately upon such an order becoming effective, the permittee shall cease all operations under such permit.
E. 
The order of suspension shall be deemed a revocation of the permit to which it relates unless the permittee, within 15 days after personal service of such order, or 15 days after the order is deposited in the course of transmission in the United States mail, files an appeal from the order, in the manner set forth in Section 4.24.080.
F. 
Where an appeal is taken, the order shall be stayed pending a determination thereon by the City Council, which shall act upon the same in the manner set forth in Section 4.24.080. Such determination shall be final and conclusive.
(Prior code § 2368.1; Ord. 323 § 1, 1973)
Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable therefor as provided in Chapter 1.12 of this code.
(Prior code § 2369.1; Ord. 323 § 1, 1973)