A. 
No person shall operate, conduct or manage any public place where food or beverages are sold, offered for sale or given away, and where any form of entertainment is provided or furnished without first obtaining a permit so to do as hereinafter provided for in this chapter.
B. 
No person shall operate, conduct or manage any public place where any form of entertainment is provided for or furnished to any person or patron for and in consideration of the payment by such person or patron of anything of value, including, but not limited to, an admission charge, ticket, fee, charge, the payment of money or the transfer of any other thing or item of value by any person or patron, without first obtaining a permit so to do as hereinafter provided for in this chapter.
C. 
No person shall operate, conduct or manage any public place where any form of entertainment is provided or furnished without first obtaining a permit so to do as hereinafter provided for in this chapter.
(Prior code § 5-6.1)
A. 
"Entertainment" shall mean every form of live entertainment, music, solo band or orchestra, act, play, burlesque show, fashion show, review, pantomime, scene, song or dance act, song, dance or any other act of 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, and shall include any of such forms of live entertainment when used in connection with, or as a means to attract the patronage or hold the attention of such guests or patrons for the purpose of advertisement, demonstration, display, or sale of goods, wares, merchandise, or services.
B. 
Entertainment also shall mean showing, displaying or projecting within or on any premises any motion picture, moving picture, still picture or slide picture. This section shall not be applicable to any television transmission where such transmission is conducted by a regularly established and licensed television station. This section shall be applicable and deemed to apply to the use of any machine or projector which projects for the viewing of any patron any motion picture, still picture or slide, whether or not such machine or projector is coin operated or actuated.
C. 
Entertainment also shall mean the operation or conduct of a theater. "Theater" shall include a moving picture theater, or drive-in theater, where moving or motion pictures, legitimate theater or vaudeville shows are exhibited. "Theater" shall also include any place containing a permanent stage upon which movable scenery or theatrical appliances are used, where musical, theatrical or vaudeville or similar performances are given to either private patrons or guests or to public assemblages.
(Prior code § 5-6.2)
The provisions of this chapter shall not be deemed to require a permit for the following:
A. 
For the use of a radio or music recording machine, juke box in any establishment.
B. 
For entertainment conducted by any bona fide club, society, non-profit, or eleemosynary 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 the proceeds, if any, arising from such entertainment are used solely for the purpose of such club, society, or association.
C. 
For entertainment provided solely by one person playing the piano or other musical instrument for the amusement of guests or patrons of an establishment.
D. 
For entertainment conducted solely on or at any premises or location which is owned or operated by, or leased by, the United States, State of California, County of Los Angeles, or any agency or subdivision thereof, or any school district.
(Prior code § 5-6.3)
Applicants for entertainment permits shall file a written, signed and verified application, together with the application fee as set forth in Section 5.36.140, with the City Manager, showing:
A. 
The name and permanent address of applicant.
B. 
The name and proposed 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 not less than 25% of the stock of the corporation. If the applicant is a partnership, the application shall show the names and residence addresses of each of the partners, including limited partners. In the event any partner, limited or general, is a corporation, the application shall comply with the provisions set forth above and provide the information relating to corporate applicants.
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 said 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 having the management or supervision of the applicant's business and of any entertainment.
F. 
A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment.
G. 
Whether or not the person or persons owning or having the management or supervision of applicant's business have been convicted of a crime, the nature of such offense, and the sentence received therefor.
H. 
A plot plan showing the physical layout and nature of the premises, and also showing the nature, location and extent of existing parking spaces and area available for the premises.
I. 
Such other reasonable information as to the identity or character of the person or persons having the management of supervision of applicant's business, as the City Manager may deem necessary, including, but not limited to, obtaining the fingerprints of any such person or persons.
(Prior code § 5-6.4)
After the application for an entertainment permit has been filed with the City Manager, he or she shall cause an investigation to be made of such application, and after such investigation has been completed, he or she shall cause the application to be set for hearing before the City Council and shall notify the applicant of the date of such hearing.
(Prior code § 5-6.5)
After the City Manager has set the application for hearing, he or she shall cause notice of at least 10 days of the hearing to be given to the applicant and to all property owners within 300 feet of the proposed or actual location of the applicant's business. For the purposes of this section, notice to property owners shall be sufficient if given to those property owners who appear as such on the last equalized assessment roll on file with the City. Additionally, the City Manager shall cause a public notice to be posted at the location where the business or entertainment is to be conducted. All notices provided for in this section shall be in the form and manner as determined by the City Manager. The applicant shall bear all costs and expenses in mailing, printing, publishing and posting such notices and shall pay such costs to the City prior to the time set for public hearing as to his/her application. Failure to pay such costs by the applicant shall be grounds to deny his/her application.
(Prior code § 5-6.6)
At the time and place set for public hearing as to any application, the City Council shall hear and determine all the facts and evidence relevant to the nature and location of the proposed entertainment and the character, reputation and moral fitness of those who will conduct, participate in, or be in charge of such entertainment.
(Prior code § 5-6.7)
At the conclusion of the hearing before the City Council, the City Council shall grant or deny the application. The City Council shall deny said application if it shall find and determine any of the following:
A. 
The conduct of the establishment or the granting of the application would be contrary to the public health, safety, morals or welfare for any reason; provided however, that this provision shall not be applicable where the proposed entertainment is one protected by the provisions of the First Amendment to the Constitution of the United States; or
B. 
The premises or establishment have been or are operated in an illegal, unlawful or disorderly manner; or
C. 
The applicant or any other person associated with him/her as principal or partner, or in a position or capacity involving partial or total control or management over the conduct of the premises for which the applicant is applying, has been convicted within seven years prior to the date of the application in any court of competent jurisdiction of any offense involving the presentation, exhibition or performance of any lewd, indecent or obscene show of any kind, or of a felony or of any crime involving moral turpitude, or of any offense involving the possession of lewd or obscene matter, when such conviction or convictions are of the kind or nature reasonably related to the operation of the proposed entertainment under the proposed permit and such conviction or convictions reasonably show a clear and present danger that the proposed use of the permit by the applicant will result in violations of the law; or
D. 
That granting the application would create a public nuisance; or
E. 
That the normal operation of the premises would interfere with the peace and quiet of any surrounding residential neighborhood; or
F. 
That there would not be adequate parking available for the premises in the conduct of the proposed entertainment for which the permit is applied for; or
G. 
That increased policing would be necessitated by the entertainment for which the permit is requested; or
H. 
That the quiet and peaceful enjoyment of the neighborhood would be substantially interfered with by the creation of noise or traffic hazards; or
I. 
That the proposed use of the premises is not in compliance with the provisions of the Zoning Regulations and Zoning Ordinances of the City; or
J. 
That the proposed premises are not in compliance with the provisions of the Building Code or Electrical Code or Plumbing Code or Fire Prevention Code of the City.
(Prior code § 5-6.8)
If, at the conclusion of the hearing as provided for in Sections 5.36.060, 5.36.070 and 5.36.080, the City Council fails to find or determine that any disqualifying ground or grounds, as set forth in Sections 5.36.080 and 5.36.120, exist for the denial of the proposed application, the City Council shall approve said application and the permit shall be issued upon the payment of the appropriate fees therefor.
(Prior code § 5-6.9)
After the public hearing as to any application, the City Council in granting any permits may also impose such reasonable conditions as to the use or extent of such permit as it deems appropriate based upon any evidence or facts presented at the hearing. A condition of any permit shall be that the permittee or occupant of the premises shall maintain with the City a current register of the names and addresses of any or all persons having management and/or control of the business.
(Prior code § 5-6.10)
After notice of at least 10 days to the permittee and hearing thereon, the City Council may suspend or revoke any permit granted pursuant to this chapter if the City Council finds and determines that any permittee, his/her agent or employee, 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 in behalf of the permittee, or any entertainer, acting under the authority of such permit:
A. 
Made any false, misleading or fraudulent statement of a material fact in the application for permit, or in any report or record required to be filed pursuant to this chapter; or
B. 
Violated any provision of this chapter, or of any statute, ordinance or code, relating to his/her permitted activity or relating to his/her premises; or
C. 
Is convicted of a felony, or of any crime involving moral turpitude, or of any offense involving the presentation, exhibition or performance of any lewd, indecent or obscene show of any kind, or of any offense involving the possession of lewd or obscene matter, when such conviction of a crime is of the kind or nature reasonably related to the operation of the proposed entertainment under the proposed permit; or
D. 
Violated any rules, regulations or conditions adopted by the City Council relating to the permittee's business or permit; or
E. 
Conducted the permitted business in a manner contrary to the peace, health, safety and general welfare of the public.
(Prior code § 5-6.11)
No permit shall be issued to any applicant for any premises where the proposed premises are not in compliance with any of the provisions of the Zoning Ordinance, the Building Code or the Electrical Code or the Plumbing Code or the Fire Prevention Code of the City.
(Prior code § 5-6.12)
No entertainment for which a permit is required pursuant to this chapter shall be conducted between the hours of 2:00 a.m. and 6:00 a.m. of any day unless authorized by the permit to do so, unless after a showing at the public hearing that such limitation was not reasonable or appropriate.
(Prior code § 5-6.13)
Except as otherwise provided by applicable law, all permit fees applicable to this chapter will be established by City Council resolution. Such charges will be determined by the department and be based on the actual cost incurred by the City in providing services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and the use of any and all City equipment, and supplies.
(Prior code § 5-6.14; Ord. 1336 § 7, 5/8/17)
The fee for an entertainment permit will be payable annually on or before January of each and every year, and this fee will be in addition to any license fee that may be required by the City. Except as otherwise provided by applicable law, all fees applicable to this chapter, excluding business license taxes and fees, will be established by City Council resolution. Such charges will be determined by the department and be based on the actual cost incurred by the City in providing services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and the use of any and all City equipment, and supplies.
(Prior code § 5-6.15; Ord. 1336 § 8, 5/8/17)