This chapter's purpose is to:
A. 
Provide for the regulation of the Maryland Art and Entertainment District, Alex Theatre District, and Broadway Center District of the downtown specific plan zone, by establishing operating standards for entertainment establishments which promote or conduct on-site sale, service, or consumption of alcoholic beverages in the establishment;
B. 
Encourage an exciting, vibrant, diverse, user-friendly downtown area that is safe and free of criminal activity;
C. 
Enhance the community's quality of life in the downtown area;
D. 
Create an active, spirited neighborhood and cultural destination for the city, its residents, and visitors; and
E. 
Protect the public's health, safety, welfare, and peace.
(Ord. 5972 § 5, 9-14-2021)
For the purpose of this chapter, the following words and phrases have the meanings ascribed to them, unless otherwise noted:
"Conviction" or "convicted"
means:
1. 
A plea of guilty;
2. 
A verdict of guilty by a judge or jury; or
3. 
A plea of nolo contendere.
"Disqualifying conduct"
means a person who:
1. 
Is under the age of 18 years;
2. 
Must register under one or more of the following statutes, or any successor legislation:
a. 
California Penal Code Section 290 [Sex offender]; or
b. 
California Health and Safety Code Section 11590 [Drug offender];
3. 
Is subject to a permanent injunction against maintaining or operating a nuisance under California Penal Code Sections 11225 to 11235, or any successor legislation;
4. 
When submitting an application to renew a license, would be ineligible to receive an initial license for the first time under this chapter; or
5. 
Within five years before the date of the application for an initial license or renewal license under this chapter, or within five years before the date of the city's notice of intent to suspend, revoke, restrict, or impose new or additional conditions on a license issued under this chapter:
a. 
Had a permit or license—for operating or promoting an entertainment establishment—denied, suspended, restricted, or revoked by a city, county, state, or government agency;
b. 
Was convicted in a court of competent jurisdiction of:
i. 
Any one or more of the following offenses, as proscribed in the corresponding statute, or any successor legislation:
(A) 
California Penal Code Section:
1. 
118 [Perjury];
2. 
266(h) [Pimping];
3. 
266(i) [Pandering];
4. 
314 [Indecent exposure];
5. 
315 [Keeping or residing in a house of ill fame];
6. 
316 [Keeping a disorderly house or a house for prostitution];
7. 
318 [Prevailing upon a person to visit a place of illegal gambling or prostitution];
8. 
647(a) [Engaging in lewd and dissolute conduct];
9. 
647(b) [Engaging in prostitution];
10. 
647(d) [Soliciting a lewd or unlawful act at a public restroom toilet]; or
(B) 
California Health and Safety Code:
1. 
11054 [Sale of controlled substances Schedule I];
2. 
11055 [Sale of controlled substances Schedule II];
3. 
11056 [Sale of controlled substances Schedule III];
4. 
11057 [Sale of controlled substances Schedule IV];
5. 
11058 [Sale of controlled substances Schedule V];
ii. 
An offense committed in another state-which, if it were committed or attempted in California, would have been punishable as one or more of the offenses set forth in subsection (5)(b)(i) above;
iii. 
A misdemeanor or felony offense that:
(A) 
Involves:
1. 
Theft, fraud, dishonesty, or receiving or possessing stolen property;
2. 
Use of force or violence upon another person; or
3. 
Sexual battery, or sexual misconduct with a child.
"Employee"
means a person, other than a manager, whom a license holder employs, hires, or uses to perform any service at an entertainment establishment on a full-time, part-time, paid, unpaid, or contract basis, regardless of whether the person is designated as an employee, independent contractor, or otherwise.
"Entertainment event":
1. 
Means a single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business:
a. 
To which members of the public are invited or allowed to watch, listen, or participate, with or without an admission fee or charge; or
b. 
That is:
c. 
Conducted for the purpose of holding the attention of, gaining the attention of, or diverting or amusing one or more guests or patrons; or
i. 
Performed for the benefit of the public.
2. 
Includes, but is not limited to: any act, play, review, pantomime, scene movie, song, comedy performance, dance, dance act, song and dance act, dancing for compensation, exhibition, poetry recitation, live entertainment, or live music (including recorded music provided by a disc jockey), or presentation by single or multiple performers.
"Entertainment establishment":
1. 
Means:
a. 
A full-service restaurant, tavern, theater, indoor recreation center, nightclub, or billiard establishment with the on-site, sale, service, and consumption of alcoholic beverages, within the Maryland Art and Entertainment District of the Downtown Specific Plan zone; and
b. 
A full-service restaurant, tavern, theater, nightclub, or billiard establishment with the on-site, sale, service, and consumption of alcoholic beverages, within the Alex Theatre and Broadway Center District of the Downtown Specific Plan zone.
2. 
Does not include a banquet hall, which is defined in Section 30.70.030 of this code, or in any successor legislation.
"License holder"
means the person to whom the city issues a Special District License under this chapter.
"Manager"
means the individual or individuals whom the license holder designates as the license holder's representative and agent to be on site at the entertainment establishment and to manage or oversee the entertainment establishment's day-to-day operations, including, but not limited to, taking responsibility for one or more of the following obligations:
1. 
Hiring, disciplining, discharging, supervising, directing, or assigning work to employees; or
2. 
Ensuring that employees and the establishment complies with this chapter's provisions and all laws.
"Owner"
means the person who owns and operates an entertainment establishment.
"Patron"
means the individual who visits an entertainment establishment.
"Person"
means an individual, company, firm, organization, association, trust, estate, partnership, corporation, limited liability company, or entity however organized.
"Promoter"
means a person, other than an owner, who uses an entertainment establishment to organize, oversee, or promote an entertainment event.
(Ord. 5972 § 5, 9-14-2021)
A. 
An owner shall obtain a special district license, or designate a manager who shall obtain a special district license, for an entertainment establishment.
B. 
No person shall operate an entertainment establishment, unless the person first obtains a special district license from the community development department as provided in this chapter.
C. 
No person shall organize, oversee, or promote an entertainment event that occurs or will occur at an entertainment establishment, unless the person first obtains a special district license from the community development department as provided in this chapter.
D. 
No owner of an entertainment establishment shall rent, lease, sublet, or otherwise provide the facility for operating any activity governed by this chapter, except to a person duly licensed as a promoter.
E. 
An owner, whose special district license has expired or has been revoked or suspended, shall not permit or allow a promoter to use, rent, lease, or sublet the owner's entertainment establishment for an entertainment event.
F. 
A promoter, whether unlicensed or licensed under this chapter, shall not use, rent, lease, or sublet an entertainment establishment for an entertainment event when the owner does not have a current, valid, and active special district license.
(Ord. 5972 § 5, 9-14-2021)
A. 
Any person wishing to obtain a special district license shall file an application according to requirements and procedures in Section 5.04.050.
B. 
An applicant for a special district license additional information and items, or shall submit a copy of the official form or forms which the applicant had filed with the Secretary of State and which contain or disclose the following information and items:
1. 
Date of birth, and written proof that the applicant is over the age of 18 years;
2. 
Two portrait photographs of the applicant, measuring at least two inches by two inches;
3. 
A current, full set of the applicant's fingerprints, upon an initial application and then afterwards every three years;
4. 
The applicant's business, occupation, or employment for the last three years before the date of the application;
5. 
The applicant's current and prior licenses, including permits, to operate a full service restaurant, tavern, theater, indoor recreation center, nightclub, or billiard establishment with the on-site sale, service, or consumption of alcoholic beverages, including:
a. 
The city, county, state, or government agency that issued the permit or license, and the issuance date;
b. 
If the permit or license was ever denied, suspended, restricted, or revoked, the date of, and the reason for, its denial, suspension, restriction, or revocation; and
c. 
The applicant's business, occupation, or employment after the permit's or license's denial, suspension, restriction, or revocation;
6. 
All of the applicant's felony and misdemeanor convictions and the reasons for them;
7. 
Authorization for the city, its officers, agents, employees, and representatives to:
a. 
Investigate and verify the information in the application and its accompanying documents;
b. 
Obtain a criminal history check through fingerprints and personal identification information; and
c. 
Additional information, including, but not limited to: moral character; other jurisdictions' licenses, permits, and discipline; financial background; and employment history;
8. 
The full name, present address (residential and business), telephone number (residential and business), and date of birth of the person who will serve as the entertainment establishment's manager; and
9. 
A list of all activities for which the license is sought.
C. 
The city may require, and the applicant shall furnish, other information or items that the city deems necessary or appropriate for its conducting a background investigation of the applicant; verifying the truthfulness, accuracy, or correctness of the information provided by the applicant; or determining whether the applicant is qualified under this chapter to receive a license.
D. 
The applicant and license holder:
1. 
Have a continuing duty to disclose to the city any change in the information supplied in the application; and
2. 
Shall give the community development department written notice within 10 days of that change.
(Ord. 5972 § 5, 9-14-2021)
The community development director or a designee may consider any one or more of the following criteria, factors, or circumstances in denying an application for a license under this chapter; or in declining to renew, suspending, revoking, restricting, or imposing new or additional conditions on a special district license issued under this chapter:
A. 
An application for a special district license may be denied according to Section 5.04.050, as well as suspended or revoked according to Section 5.04.100.
B. 
An applicant or a license holder:
1. 
Is ineligible for a license because of disqualifying conduct;
2. 
Violates, or does not comply with, one or more:
a. 
Conditions of a license issued under this chapter, or conditions of a discretionary approval from the city for operating a similar establishment;
b. 
Provisions or conditions of Title 30 of this code;
c. 
Provisions of this chapter; or
d. 
Applicable (city, county, state, or federal) laws, rules, or regulations;
3. 
Is a corporation, partnership, limited partnership, limited liability company, or another business entity that:
a. 
Cannot lawfully transact business in California, or is not lawfully licensed or registered to do business in California; or
b. 
Has one or more officers or directors, partners or limited partners, or members or managers who are ineligible to receive a license:
i. 
Because of disqualifying conduct; or
ii. 
For any reason that makes an individual applicant ineligible to operate an entertainment establishment under this chapter;
4. 
Procures a license under this chapter by fraud, misrepresentation, deception, or mistake; or
5. 
Transfers or assigns, or attempts to transfer or assign, a license issued under this chapter.
C. 
Operating an entertainment establishment at the proposed or existing location, or the conduct or activity of a manager, promoter, employee, or any combination of these individuals:
1. 
Violates, or does not comply with, one or more:
a. 
Provisions of this chapter;
b. 
Title 30 of this code; or
c. 
Applicable (city, county, state, or federal) laws, rules, or regulations;
2. 
Creates or constitutes a public nuisance; or
3. 
Is injurious to the public's health, safety, welfare, or peace.
(Ord. 5972 § 5, 9-14-2021)
Any person aggrieved by a decision denying or revoking a license pursuant to this chapter may appeal following the procedures in Section 5.04.110.
(Ord. 5972 § 5, 9-14-2021)
A. 
An owner shall comply with the following requirements:
1. 
Promoter Requirements. In addition to the requirement that an owner or owner's manager obtain a special district license under section 5.24.030(A) of this chapter, a promoter proposing to use an entertainment establishment shall also obtain a special district license under the provisions in this chapter and Title 30 of this code. A promoter's failure to obtain a license prior to an entertainment event at an entertainment establishment is a ground for the community development director's or a designee's revoking the operator's special district license of the facility where the event took place.
2. 
Manager Required. An entertainment establishment must have a manager.
3. 
Other Requirements. The requirements set forth in this chapter and Title 30 of this code are operating requirements of the entertainment establishment and a promoter.
4. 
Complaints. An owner of an entertainment establishment must appoint a manager to address, during hours of operation, all complaints. The name and phone number of the manager must be posted adjacent to the business license and must be mailed or hand delivered to residences, if any, within a one block radius. The owner shall make reasonable efforts to address each complaint. The owner shall keep a log of all complaints and follow-up, and shall make the information available to city staff upon request.
5. 
Control of Events. An owner shall maintain full control of all entertainment events or activities on the property, and shall ensure that any and all conditions of approval are adhered to. One or more managers shall supervise and manage an entertainment event, even one organized by a promoter, including club operations, ticket sales, parking arrangements, advertising, security and promotion.
6. 
Security. An owner shall provide and employ security guards as necessary at on-site and off-site parking locations to address noise, traffic, and safety concerns. An owner may hire uniformed, on-duty police officers for traffic control purposes. No later than 14 calendar days before the date of the entertainment event, an owner shall submit a written request to the Glendale chief of police or a designee for approval of the security company whom the owner intends to hire. The security company shall submit to the Glendale chief of police or a designee evidence that the security company has all active and valid licenses mandated by the state of California for private security or guard companies, photographs of the company's guard uniform, and other information or documents that the chief of police or a designee may require. An owner shall not use, employ, or hire a security company, for noise, traffic, or safety control at an on-site or off-site parking location, without first obtaining the chief of police's or a designee's written approval.
B. 
A promoter shall comply with the following requirements:
1. 
A promoter shall obtain, maintain, and renew a special district license on an annual basis. The annual license allows a person to serve as an entertainment event promoter at any entertainment establishment during the license's term. A promoter's failure to obtain a license prior to an entertainment event at an entertainment establishment is a ground for the community development director's or a designee's revoking the operator's special district license of the facility where the event took place and for denial of any future license renewals sought by the promoter.
2. 
In addition to using its own employees, a promoter shall use the owner's employees, including managers, to supervise the entertainment event. Additionally, the promoter must use the owner's existing parking arrangements, security, ticket sales, and is subject to the entertainment establishment's business operations.
3. 
Other Requirements. The requirements set forth in this chapter and Title 30 of this code are requirements for an owner and promoter of an entertainment establishment.
(Ord. 5972 § 5, 9-14-2021)
A. 
An entertainment establishment's owner, license holder, manager, and promoter are jointly responsible for the conduct and acts of each other and the patrons at the entertainment establishment.
B. 
An act, omission, misconduct, criminal act, or violation of one or more provisions of this chapter by a manager, or a promoter, or both, is attributable jointly to the entertainment establishment's owner and license holder.
C. 
The fact that the entertainment establishment's owner or license holder did not have actual knowledge of the act, omission, misconduct, criminal act, or violation of one or more provisions of this chapter by the manager, or the promoter, or both, is neither a defense nor a mitigating factor in a permit suspension, restriction, revocation, or nonrenewal proceeding in regard to a special district license.
(Ord. 5972 § 5, 9-14-2021)
A. 
An entertainment establishment's owner, license holder, or manager shall:
1. 
Keep a record, for a period of two years, of the number of events and promotions at the entertainment establishment.
2. 
Allow one or more officials from the city to inspect, examine, audit, photograph, or copy the records that subsection (A)(1) of this section requires, to determine whether the entertainment establishment's owner, license holder, or manager is complying with the subsection's records and retention requirements.
B. 
Information furnished or obtained as a result of an inspection under subsection (A) of this section will remain confidential. Unauthorized disclosure or use of that information by any officer or employee of the city is a misdemeanor, and that person will be subject to this code's penalty provisions, in addition to any other penalty provided by law.
(Ord. 5972 § 5, 9-14-2021)
This chapter's provisions are applicable to all persons and businesses described in this chapter, whether the activities described in this chapter were established before or after the effective date of the ordinance codified in this chapter.
(Ord. 5972 § 5, 9-14-2021)
This chapter must not be construed or interpreted to permit or allow the following uses or activities which require a separate permit or license under the corresponding chapter of this code, listed below, or any successor legislation:
A. 
Adult Businesses—Chapter 5.60
B. 
Amusement or arcade machines—Chapter 5.16
C. 
Arcade establishments—Chapter 5.16
D. 
Billiard rooms—Chapter 5.16
(Ord. 5972 § 5, 9-14-2021)