Entertainment Businesses, repealed. Prior history: Ord. 85-1097, eff. 4/16/85; Ord. 84-1088; Ord. 661.
As used in this chapter,
"Chief of Police"
means the Chief of Police of Santa Maria, or that person's designee.
"Director"
means the Director of Finance of Santa Maria, or that person's designee, unless otherwise specified in this Chapter.
"Floor Plan"
means a plan, to scale, showing the length and breadth of a building, the location and dimensions of the rooms which the building contains, the use of each room, the location of moveable furniture and equipment in each room to be used, sizes and types of windows and doors, door swings and landings, floor coverings, and the location of stairs and/or steps.
"Responsible party"
shall have the same meaning as in the City's property nuisance ordinance, Santa Maria Municipal Code §5-6.200(i), or successor section.
"Site Plan"
means a plan, to scale, showing uses and structures existing and/or proposed for a parcel of land. It includes lot lines and lot dimensions, location and dimensions of area to be used, location of furniture and equipment within area to be used, location of easements, streets, building footprints and dimensions, setbacks from property lines, driveway approaches, drive aisles, parking, fences, sidewalks, landings, landscaping, north arrow, and any other structure that is part of a development project, including, major landscape features – both natural and man-made.
(Ord. 2010-06, eff. 10/7/10; Ord. 2017-01 § 48, eff. 3/9/17)
No responsible party(ies) shall initiate or continue any program, event, or activity which may result in the creation of a public nuisance without complying at all times with the requirements of this Chapter. The requirements of this Chapter are in addition to all other requirements of law and are:
(a) 
To control behavior of attendees so that the program, event, or activity complies at all times with the noise limitations contained in Chapters 5-5 and 5-6 of this Code;
(b) 
To limit attendance and control behavior of attendees so that the program, event, or activity complies at all times with the limitations on occupancy specified in Title 9 of this Code and any Code adopted by reference in Title 9;
(c) 
To limit attendance and control behavior of attendees so that the program, event, or activity complies at all times with the limitations on use specified in Title 12 of this Code;
(d) 
To limit attendance so that vehicles of attendees do not exceed the number of off-street parking spaces at the address where the program, event, or activity is held;
(e) 
To limit attendance and control behavior of attendees so that the program, event, or activity occurs only within the dates and hours specified in any license or permit issued pursuant to this Code;
(f) 
To limit attendance and control behavior of attendees so that all toileting and sanitation of attendees at the program, event, or activity occurs within buildings or structures constructed for that purpose in compliance with this Code;
(g) 
To limit attendance and control behavior of attendees so that all trash from the program, event, or activity is secured in receptacles on the premises;
(h) 
To restrict the program, event, or activity so that it does not encroach on areas required for another purpose by this Code or any permit or license issued pursuant to this Code, including but not limited to, parking, drive aisles, and landscaping;
(i) 
To conduct the program, event, or activity in a manner that provides at all times for the safe ingress, circulation and egress of attendees, including accessibility for attendees with a disability. For the purpose of this subsection, a responsible party provides for safe ingress, circulation, and egress by following the standards set out in the most current edition of the California Manual on Uniform Traffic Control Devices and any applicable encroachment permit;
(j) 
To build and maintain structures and other construction in a manner that complies at all times with Title 9 of this Code and any Code adopted by reference in Title 9 when structures or other construction are used in the program, event, or activity.
(Ord. 2010-06, eff. 10/7/10)
(a) 
Application and Compliance by Responsible Party. No responsible party(ies) shall initiate or continue any program, event, or activity:
(1) 
that is held open to the public or for which a fee is charged; and
(2) 
that may result in a violation of the requirements of this chapter without first applying for and obtaining a license from the Director, following the requirements stated in that license, and otherwise complying with this Code.
(b) 
Exemption for Private Functions. Private functions, gatherings or assemblies are exempt from the requirement of obtaining a license pursuant to Section 4-7.03, but only if all attendees at the program, event, or activity are present with the express or implied permission of the responsible party(ies) and are not charged a fee for admission.
(c) 
Exemption When License or Permit Already Issued. This Section shall not apply for a program, event, or activity held at a location that has already been issued a license under this Chapter or has obtained a discretionary permit for such programs, events, or activities.
(d) 
Application Procedure. A responsible party shall make application for a Good Neighbor license to the Director no less than six calendar days before commencing the program, event, or activity. Application shall be made on such a form as the Director may prescribe from time to time, and shall be accompanied by a processing fee in an amount set from time to time by City Council resolution. The amount of the fee shall not exceed the cost to provide City processing services.
Upon receipt of a completed application and fee, the Director shall circulate the application to affected departments.
A completed application shall contain the following information and other information requested by the form that the Director determines to be reasonably necessary to allow the City to process the application and to serve the purposes of this ordinance:
(1) 
The name, address and telephone number of the responsible party(ies);
(2) 
The location, date(s) and time(s) of the proposed program, event, or activity;
(3) 
An estimate of the approximate number of persons who will be expected to participate in the program, event, or activity;
(4) 
A site plan and floor plan as defined in this Chapter, showing areas for ingress and egress; circulation of people and vehicles; and proposed construction, if any;
(5) 
A copy of any applicable health permit issued by the County of Santa Barbara, if food will be served;
(6) 
If alcoholic beverages will be served or sold, and the program, event, or activity includes live or recorded music played by a DJ ("disc jockey") and dancing by attendees:
(i) 
A statement that attendees shall be limited to those 21 years of age or older, unless there is a barrier (or barriers) approved by the City to separate alcohol service and consumption from the remainder of the area, which area shall be designated on the site plan;
(ii) 
The number of licensed, private security guards to be provided. These security guard(s) shall have no duties other than to provide security. Security duty includes preventing admission of persons under 21 years of age or preventing such persons from entering into any separate areas for alcohol service and consumption. Security shall be provided during the program, event, or activity, and for one-half hour before and afterwards. A minimum of one licensed security guard shall be provided for each 50 attendees or fraction thereof. All licensed security guards shall wear distinctive uniforms identifying them as security personnel, including private security badges and arm patches.
(iii) 
A copy of a permit issued by the California Department of Alcohol Beverage Control, along with proof of insurance covering injuries or property damages caused by attendees.
(7) 
For all other programs, events or activities where alcoholic beverages will be served, sold, or allowed at the program, event, or activity, the number of security personnel that will be provided pursuant to the City's standardized security guard-attendee ratio. For this type of program, event, or activity, security guards need not be licensed. Security shall be provided during the program, event, or activity, and for one-half hour before and afterwards;
(8) 
The zoning designation of the property proposed for the program, event, or activity, and the file number of any use or planned development permit applicable to the property; and
(9) 
Proof of the property owner's permission for the property to be used for that purpose.
(Ord. 2010-06, eff. 10/7/10; Ord. 2012-02, eff. 4/5/12)
Within no more than six calendar days after receipt of a complete application and processing fee, the Director shall act on the application. The Director shall issue a Good Neighbor license unless s/he finds that:
(a) 
The information contained in the application is false or intentionally misleading; or
(b) 
The proposed area for the program, event, or activity could not physically accommodate the number of participants expected to participate in the program, event, or activity, as reflected in the application completed and submitted pursuant to the requirements of this chapter; or
(c) 
The program, event, or activity would result in a violation of any federal, state or local law or regulation; or
(d) 
The program, event, or activity conducted previously by the same applicant has resulted in a public nuisance, as defined by the laws of the State of California, within the past twelve months; or
(e) 
The responsible party has, within the past twelve months, permitted or allowed attendees of the previously conducted program, event, or activity to engage in activity prohibited by state or federal law on or adjacent to the premises.
The Director's decision shall be final.
(Ord. 2010-06, eff. 10/7/10)
(a) 
The Director shall set forth in each permit the following information if and as that information is set forth in the approved application:
(1) 
The name, address and telephone number of the responsible party(ies) to whom the license is issued;
(2) 
The location, date(s) and time(s) of the proposed program, event, or activity;
(3) 
The maximum number of persons who may participate in the program, event, or activity at the approved location;
(4) 
A statement that the licensed program, event, or activity shall be conducted at all times in compliance with the statements on the application, as modified by the requirements of law and in particular with the requirements of the Good Neighbor Ordinance, and
(5) 
The number of private licensed security guards or other security personnel that will be present during the program, event, or activity, and one-half hour before and afterwards.
(b) 
A copy of each license shall be kept upon the responsible party(ies) person at all times during the program, event, or activity, including during set-up and tear-down. The responsible party(ies) shall advise all participants in the program, event, or activity of the terms and conditions of the license prior to the commencement of the program, event, or activity.
(Ord. 2010-06, eff. 10/7/10)
(a) 
The Chief may, after notice and a hearing, modify or revoke a Good Neighbor license for any of the following reasons:
(1) 
A responsible party violated or permitted the violation of any federal, state or local law in connection with the licensed activity;
(2) 
A responsible party set forth information in the application that is or was false or intentionally misleading, which the City discovered after issuance of the Good Neighbor license;
(3) 
A responsible party violated or permitted the violation of any term of the license; or
(4) 
An unforeseen dangerous activity occurs.
(b) 
The Chief may immediately suspend a Good Neighbor license pending a notice and a hearing on modification or revocation for any of the reasons set out below. License suspension shall be effectuated by delivery, in person or by ordinary mail, of a notice of suspension to a responsible party. The notice of suspension shall include the information required by subsection (c) of this section. Reasons justifying an immediate suspension of a Good Neighbor license include:
(1) 
A responsible party violated or permitted the violation of a federal, state or local law in connection with the licensed activity and the violation was of a serious or substantial nature; and/or
(2) 
An unforeseen dangerous activity occurred and is likely to recur if the program, event, or activity is allowed to continue.
(c) 
The notice required by this section shall be given as follows: In person to a responsible party or by ordinary mail to the responsible party's last address as listed on the application for Good Neighbor license. The notice shall set a hearing date not less than fourteen days in the future, unless the potentially responsible party agrees to an earlier date. The notice shall state the deadline and any required format for submission of a declaration.
(d) 
The hearing required by this section may be by written declaration at the licensee's option.
(e) 
The Chief shall modify, confirm or deny suspension of, revoke, or leave unchanged a license based on all credible evidence received at or before the hearing on the matter.
(f) 
The Chief shall forthwith communicate the decision and supporting reasons to the responsible party by ordinary mail, to the responsible party's address as listed in the application for Good Neighbor license. The Chief's decision shall be final.
(Ord. 2010-06, eff. 10/7/10)
Any responsible party who violates any of the provisions of this Chapter is guilty of a misdemeanor, punishable as provided pursuant to Chapter 1-6 of this Code.
(Ord. 2010-06, eff. 10/7/10)
Should any provision, section, paragraph, sentence or word of this Ordinance be declared invalid by any court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable.
(Ord. 2010-06, eff. 10/7/10)