"Entertainment"
means every form of live entertainment, music, solo band or orchestra, act, play, burlesque show, fashion show, review, pantomime, scene, song or dance act, or song and dance act, or any other act or performance participated in by one or more persons for the purpose of holding the attention of, gaining the attention and interest of, diverting or amusing guests or patrons.
(Prior code § 16-93; Ord. 1229 § 2, 1989)
No person or business entity shall operate, conduct or manage any place or premises open to the public where food or beverages are sold, offered for sale or given away, and where any form of entertainment, as defined in this chapter, is provided or furnished, without first obtaining an annual permit so to do, as hereinafter provided for in this chapter. Entertainment permits under this chapter shall be in addition to any other permit, license or entitlement required by this code or state law.
(Prior code § 16-92; Ord. 1229 § 2, 1989)
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 playback device 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 any entertainment provided for members and their guests at a private club where admission is not open to the public;
C. 
For entertainment conducted in connection with a regularly established motion picture theater, recreation park, circus or fairground;
D. 
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;
E. 
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.
(Prior code § 16-94; Ord. 1229 § 2, 1989)
Applicants for entertainment permits shall file a written, signed and verified application with the city manager, or his or her designee, showing:
A. 
The name and permanent address of the applicant;
B. 
The name proposed, and current, if any, business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation, and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning ten percent of the stock of the corporation or more. If the applicant is a partnership, the application shall show the names and residence addresses of each of the members, including limited partners;
C. 
A detailed description of the proposed entertainment, including type of entertainment, number of persons engaged in the entertainment, and any further information about the entertainment or entertainers as the city manager may deem necessary;
D. 
The date, hours and location where the entertainment is proposed to be conducted, and the admission fee, if any, to be charged;
E. 
The name or names of the person or persons responsible for the management or supervision of the applicant's business, and of any entertainment, and residence address thereof;
F. 
A statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with such entertainment, including whether or not alcohol will be served as part of such business;
G. 
Whether or not the applicant or any person or persons responsible for the management or supervision of the applicant's business have been, within the previous five years, convicted of a felony, the nature of such offense, and the sentence received therefor, including conditions of parole or probation, if any;
H. 
Whether or not the applicant has ever had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and the name of the revoking agency;
I. 
Such other reasonable information as the city manager, or designee, may deem necessary.
(Prior code § 16-95; Ord. 1229 § 2, 1989)
After the application for an entertainment permit has been filed, the city manager, or designee, may cause an investigation to be made of such application. Thereafter, a hearing may be set before the city manager, or designee, and the applicant shall be notified of the date thereof.
(Prior code § 16-96; Ord. 1229 § 2, 1989; Ord. 1239 § 1, 1990)
A. 
If the city manager has set the matter for hearing, notice thereof shall be given to all property owners within three hundred feet of the proposed or actual location of the applicant's business.
B. 
For purposes of this section, notice to property owners shall be sufficient if given to those property owners who appear as such on the most recent equalized assessment roll prepared by the county of Orange. Additionally, the city manager shall cause a public notice to be posted at the location where the entertainment is to be provided.
C. 
All notices provided for in this section shall be in the form and manner as prescribed by the city manager. The applicant shall bear all costs and expenses in mailing, printing and posting such notice, and shall pay such costs to the city prior to the time set for public hearing on the pending application. Failure to pay such costs by the applicant shall be grounds for denial of the application.
(Prior code § 16-97; Ord. 1229 § 2, 1989; Ord. 1239 § 2, 1990)
At the time and place set for public hearing as to any application, and as may be continued from day to day, the city manager, or designee, shall hear and determine all the facts and evidence relevant to the applicant and supervisory employees, as well as the entertainment proposed, including the nature and location of the proposed entertainment.
(Prior code § 16-98; Ord. 1229 § 2, 1989)
A. 
Upon the conclusion of the hearing, the city manager, or designee, shall grant, conditionally grant, or deny the application, which decision shall be final unless appealed within ten working days of the decision, in writing, to the city council. Appeals may be made, and shall be governed by the procedures set forth in Section 5.00.320.
B. 
The city manager, or designee, may deny such application if he or she shall find and determine any of the following:
1. 
The conduct of the establishment or the granting of the application would be contrary to the public health, safety or welfare; or
2. 
The premises or establishment is likely to be operated in an illegal, improper or disorderly manner; or
3. 
The applicant, or any other person associated with him or her as principal or partner, or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has been convicted in a court of competent jurisdiction of any offense involving the presentation, exhibition or performance of any obscene show of any kind, or of a felony, or has had any approval, permit or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked within the preceding five years; or
4. 
That granting the application would create a public nuisance; or
5. 
That the normal operation of the premises would interfere with the peace and quiet of any surrounding residential neighborhood; or
6. 
The applicant has made any false, misleading or fraudulent statement of material fact in the required application.
(Prior code § 16-99; Ord. 1229 § 2, 1989; Ord. 1239 § 3, 1990; amended during 1990 codification)
The city manager, or designee, in granting any permit, may also impose such reasonable conditions with respect to the use and scope of such permit as is determined to be necessary to protect the public health, safety and/or welfare, and to implement the intent and purpose of this chapter.
(Prior code § 16-100; Ord. 1229 § 2, 1989; Ord. 1239 § 4, 1990)
A. 
After notice and hearing, the city manager, or designee, may suspend or revoke any permit granted pursuant to this chapter if he or she finds and determines that any permittee, agent or employee thereof, or any person connected or associated with the permittee as partner, director, officer, general manager, or other person who is exercising managerial authority of, or on behalf of, the permittee, or any entertainer acting under the authority of such permit:
1. 
Made any false, misleading or fraudulent statement of a material fact in the application for permit, or any report or record required to be filed pursuant to this chapter; or
2. 
Violated any provision of this chapter, or of any statute, ordinance or condition relating to the permitted activity; or
3. 
Is convicted of a felony; or
4. 
Violated any rules, regulations or conditions imposed upon the permittee's business or permit; or
5. 
Conducted a permitted business in a manner contrary to the peace, health, safety and general welfare of the public; or
6. 
Demonstrated a lack of fitness to be trusted with the privileges granted by such a permit.
B. 
The decision of the city manager, or designee, shall be set forth in a resolution which shall be adopted within thirty days of the date of such decision, and shall be final unless appealed in accordance with the provisions of Section 5.24.080 of this chapter.
(Prior code § 16-101; Ord. 1229 § 2, 1989)
The fee for an entertainment permit shall be as set forth by the resolution of the city council, payable annually on or before the anniversary date of each and every year after the original permit is approved. Such permit shall be in addition to any business license fee as may be required by the business license law of the city. No permit issued hereunder shall be valid for more than a one-year period of time, nor may the same be assigned or transferred.
(Prior code § 16-102; Ord. 1229 § 2, 1989)
All persons engaged in providing entertainment in the city pursuant to the provisions of former Article IV of Chapter 15 of the city code, repealed by the ordinance codified in this chapter, shall have to and including November 1, 1989 to file an application for an entertainment permit with the city manager under this chapter.
(Prior code § 16-103; Ord. 1229 § 2, 1989)
A. 
All persons conducting entertainment for which an entertainment permit is required, where dancing by the public is allowed and the area where dancing is permitted exceeds one hundred fifty square feet, shall have present at all time such dancing is permitted, and for purposes of patrons' safety, one or more security employees who are readily identifiable as such by identification badge or nameplate, or one or more state-licensed and uniformed security guards.
B. 
The city manager, or designee, after consultation with the police department, may determine whether security employees, readily identifiable as provided above in this section, or uniformed security guards, shall be provided by the applicant. The city manager, or designee, will further determine the number of such security employees or guards which must be provided by each applicant.
C. 
Conditions pertaining to the provision of security employees and guards may be included in any entertainment permit granted by the city.
(Prior code § 16-104; Ord. 1229 § 2, 1989; Ord. 1239 § 5, 1990)
All provision of this code which are inconsistent with or contrary to the provisions of this chapter are repealed to the extent such provisions are inconsistent with or contrary to the provisions of this chapter.
(Ord. 1229 § 2, 1989 prior code § 16-105)
A. 
It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership or corporation violating any provision of this chapter, or failing to comply with any of its requirements, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment.
B. 
Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter.
(1989 prior code § 16-106; Ord. 1229 § 2 (part))
A. 
A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.
B. 
The prevailing party in any action, administrative proceeding, or special proceeding to abate a nuisance pursuant to this section shall be entitled to its reasonable attorneys' fees if: (1) the city elected to seek recovery of its own attorneys' fees at the initiation of the action, administrative proceeding, or special proceeding; and (2) the award of attorneys' fees does not exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.
(Prior code § 16-107; Ord. 1229 § 2, 1989; Ord. 1518 § 5, 2008)