A. No
person shall conduct, permit or assist in conducting or permitting
any entertainment to be shown, staged, performed, exhibited or produced
in any restaurant, hotel, cafe, coffee house, cabaret, club, barroom,
beer hall, beer garden, public dance hall, burlesque show, burlesque
review or burlesque theater, except in conformance with the provisions
of this section.
B. "Entertainment,"
as used in this section, does not include the following:
1. Instrumental or mechanical music only;
2. Private dances participated in only by the occupants of and guests
at a private residence, for which no fee or admission or charge of
any nature is imposed;
3. Public dances participated in only by patrons or customers and for
which a permit has been issued;
4. Teenage dances participated in only by persons under twenty-one years
of age and subject to the rules and regulations of this code;
5. Theaters, but entertainment does include burlesque shows or reviews
conducted in halls or theaters, as the sole or primary attraction.
C. Hours.
No dancing, entertainment, mechanical music or instrumental music
shall be conducted between the hours of two a.m. and six a.m. in any
restaurant, hotel, cafe, coffee house, cabaret, club, barroom, beer
hall, beer garden, public dance hall, burlesque show, burlesque review
or burlesque theater unless authorized by the permit to do so.
D. Minors.
A person under the age of eighteen years shall not enter, be or remain
on or in any premises wherein entertainment is being conducted as
herein provided, unless exempted, except when such person is accompanied
by his spouse over twenty-one years of age, or his parent or guardian.
A permittee shall not permit or allow any person to enter or to be
in or on any premises contrary to the provisions of this subsection.
E. Minors in Eating Place. Subsection
D of this section shall not prevent a minor person under the age of eighteen years from being in a bona fide hotel, cafe or other place where meals are regularly served and where a public dance or entertainment is being held, in the event that such minor does not participate therein.
F. Free
Entrances. No dancing or entertainment shall be permitted in any establishment
requiring a permit hereunder which does not provide unlocked doors
for free and easy ingress and egress while patrons are in the establishment.
G. Fashion
Shows. No fashion show may be conducted where an entertainment permit
is required by this code unless a permit is in full force and effect
at all times. The license and permit hearing board or city council
may establish conditions in addition to those of this section in the
granting or modification of any such permit where reasonably necessary
in order to carry out the terms and provisions of this section or
to protect the public health, peace, safety, morals and welfare. No
permit shall be issued to conduct a fashion show where an entertainment
permit is required by this code wherein any person, entertainer, model
or employee of the permittee appears completely without clothing or
unclothed to the extent that any pubic area is exposed, or the breast
of a female is exposed from the top of the nipples to the bottom of
the breast anatomy, unless license and permit hearing board or city
council, in the granting or modification of any permit, determines
that, because of the place of such entertainment or the nature and
extent thereof, or the nature of the audience to be invited thereto,
or because of other special or differentiating circumstances, or by
reason of additional conditions imposed, the purposes of this section
and this code and the public health, peace, safety, morals and welfare
will be adequately protected by lesser degrees of clothing as specified
in such permit.
H. The
doing of business as defined in this code, including entertainment
business, without a license, or the doing of business, including entertainment
business, without a permit, or the doing of business, including entertainment
business, after any suspension or revocation of a license or permit,
where any of the foregoing acts are prohibited by this code, shall
be subject to the criminal processes and penalties. as specified in
this code as or otherwise provided by law.
(Prior code § 12-1; Ord. 447 § 1, 1974)
No person, with intent gratuitously to avail himself of the
entertainment or recreation furnished or the privileges conferred
therein, shall enter any theater, stadium, athletic club, ball park,
golf course, golf club, tennis club or other place of amusement, entertainment
or recreation, for admission to which an admission fee or membership
fee is charged, without first paying such admission fee or membership
fee. Any person who is a bona fide guest of a member of any club may
enter such club in accordance with the rules thereof. Any person may
enter any place which is within the purview of this section with the
consent of the owner or manager thereof. This section shall not be
deemed to apply to the entry into any such place by a law enforcement
officer acting within the scope and course of his official duties.
(Prior code § 12-2)