The following words and phrases, when used in this chapter,
have the meanings in this section unless, from the context, a different
meaning is intended or specifically defined:
—Class I; Class II; Class III.
"Class I entertainment"
as used in this chapter is defined to mean any act, play,
review, pantomime, scene, song, dance act, song and dance act, or
poetry recitation, conducted or participated in by any professional
entertainer in or upon any premises to which the public is admitted.
Entertainment also includes a fashion or style show, except when conducted
by a bona fide nonprofit club or organization, and when conducted
solely as a fundraising activity for charitable purposes. The term
"professional entertainer" as used herein means a person
or persons who engage for livelihood or gain in the presentation of
entertainment.
"Class II entertainment"
includes the act of any person, while visible to any customer,
being devoid of an opaque covering which covers the genitals, pubic
hair, buttocks, perineum, anus or anal region of any person, or any
portion of the female breast at or below the areola or exposing any
pubic area or private part, or the wearing of any type of clothing
so that such may be observed.
"Class III entertainment"
means informal entertainment.
"Entertainment"
a.
b.
c.
as used herein does not include:
Mechanical music alone;
Instrumental music alone, except between the hours of 2:00 a.m. and 6:30 a.m. when the provisions of Section 4.19.090 apply; or
Dancing participated in only by customers, however, this subsection
does not exempt exhibition dancing by a person receiving compensation
for such exhibition dancing.
"Informal entertainment" as used in this chapter
is defined to mean any act, play review, pantomime scene, song, dance
act, song and dance act, or poetry recitation, conducted or participated
in by any nonprofessional person or persons in or upon any premises
to which the public is not admitted.
(Ord. 557 § 3, 2019)
It is unlawful for any person to conduct, permit, or assist in conducting or permitting any entertainment to be shown, staged, exhibited, or produced in any premises to which the public is admitted without first having procured a business license required by Chapter 4.02 and a regulatory permit required by Chapter 4.03.
(Ord. 557 § 3, 2019)
A.
The
annual fee for all entertainment permits is as established by resolution
of the City Council.
B.
No fee
is required for a permit for an entertainment conducted by a bona
fide charitable, religious, benevolent, patriotic, or educational
organization, or by the United Service Organization ("USO").
Any determination as to the exempt status of any applicant will be
made by the issuing officer.
(Ord. 557 § 3, 2019)
In addition to the reasons for denying and conditioning a license or permit stated in Chapter 4.02 or 4.03, the issuing officer may deny or condition a permit issued under this chapter if the premises proposed to be used in the conduct of the business are not a suitable or proper place, or if public health, welfare or safety warrant denial.
(Ord. 557 § 3, 2019)
In accordance with Section 4.02.020, in any case where an applicant knowingly or deliberately makes any material false statement on an application for a permit, such application will be denied.
(Ord. 557 § 3, 2019)
No professional entertainer or employee may dance, unnecessarily
converse, or associate with any customer during any entertainment
period; provided, however, that a regularly scheduled audience participation
type of entertainment may be presented during the time and in the
manner described in an advertisement posted at the premises and appearing
in a regularly printed program; provided, further, that a copy of
the advertisement must be received by the Sheriff 24 hours prior to
conducting the audience participation entertainment. This section
does not apply to establishments having a Class III entertainment
permit.
(Ord. 557 § 3, 2019)
Every establishment permitted pursuant to this chapter must
provide unlocked doors with free and easy egress while patrons are
in the establishment.
(Ord. 557 § 3, 2019)
No public entertainment may be conducted in any establishment
in which gambling in any form is permitted, or in which there is kept
any machine or machines or other device designed or commonly used
for the purpose of gambling in any form.
(Ord. 557 § 3, 2019)
No entertainment other than mechanical music of any sort may
be conducted in an establishment permitted pursuant to this chapter
between the hours of 2:00 a.m. and 6:30 a.m.
(Ord. 557 § 3, 2019)
Every establishment permitted pursuant to this chapter must
be lighted throughout to an intensity of not less than three foot-candles
during all hours of operation except while the floor show is in progress.
(Ord. 557 § 3, 2019)
Every establishment permitted pursuant to this chapter must
comply with any noise level limits established in this code and in
the regulatory permit. Failure to comply with noise level limits constitutes
grounds for permit revocation or modification.
If noise coming from any establishment permitted under this chapter interferes with the right of persons dwelling in the vicinity of such establishment to the peaceful and quiet use and enjoyment of their property, the City Council may require, after a hearing, that the premises be soundproofed in a manner that in the judgment of the City Council will be effective to eliminate the noise or reduce it to a reasonable level. The City will provide 10 days' notice to the permittee prior to the hearing. In taking any action under this section, the City Council will balance the interests of the respective parties, as well as the hardship which will result from any order. If the City Council finds that the noise complained of is of a minimum or inconsequential degree or complies with the Code or noise limits in the regulatory permit, no action will be taken under this section. If a permittee fails, within a reasonable time and after having been ordered to do so pursuant to this section, to take such steps as were ordered to abate any noise, the City Council may suspend or revoke the business license in accordance with Section 4.02.060, until such time as the permittee complies with the order.
(Ord. 557 § 3, 2019)
Every establishment permitted pursuant to this chapter that
has a capacity of 200 persons or more must provide at least one employee
for the first 200 persons, and one additional employee for each additional
100 persons who can be legally accommodated, whether actually present
or not. The employees required pursuant to this section must be in
attendance during the entire time that any entertainment is in progress,
and must devote their entire time and attention to keeping order,
checking admission of minors, and ensuring that all provisions of
this chapter are complied with. The Sheriff may require such additional
employees or guards on an individual basis as the Sheriff deems in
the public interest.
(Ord. 557 § 3, 2019)
Every parking lot serving an establishment permitted pursuant
to this chapter must have adequate and uniform light at an intensity
of not less than two foot-candles.
(Ord. 557 § 3, 2019)
It is unlawful for any person who is intoxicated or under the
influence of any drug to appear in or be in any establishment permitted
pursuant to this chapter. It is unlawful for any person who conducts
or assists in conducting any such establishment to permit any intoxicated
person or person who is under the influence of any drug to appear,
be, or remain at such place.
(Ord. 557 § 3, 2019)
No employee of a business licensed and permitted pursuant to
this chapter may solicit or accept drinks of alcoholic beverages from
customers while working.
(Ord. 557 § 3, 2019)
No public entertainment may be conducted in any establishment
if solicitation of trade is made at or near the entrance, either by
personal solicitation or otherwise.
(Ord. 557 § 3, 2019)
No establishment permitted pursuant to this chapter may permit
any public entertainment to be visible at any time from the street,
sidewalk, or highway.
(Ord. 557 § 3, 2019)
The provisions of Sections 4.19.200 through 4.19.260 apply only to establishments required to have a class II entertainment license.
(Ord. 557 § 3, 2019)
In addition to the grounds for suspension or revocation of a
license set forth elsewhere in this title and chapter, the provisions
of Section 24200 of the Business and Professions Code of California
are made applicable to licenses under this chapter.
(Ord. 557 § 3, 2019)
In addition to the reasons otherwise provided for denying a
business license and regulatory permit, the issuing officer may deny
a business license and regulatory permit when:
A.
The
applicant has been convicted of a crime involving lewd, lascivious,
or obscene conduct; including, but not limited to, Section 311.6,
314, 315, 316, 318 or Subdivision (a), (b) or (d) of Section 647 of
the Penal Code;
B.
The
applicant has been convicted of a crime which required the applicant
to register under the provisions of the Sex Offender Registration
Act (commencing with Section 290 of the Penal Code), or any similar
registry.
(Ord. 557 § 3, 2019)
No person may enter, be, or remain in any establishment permitted
pursuant to this chapter or required to be permitted pursuant to this
chapter, except when attired in such a manner that the pubic area,
private parts and the crease of the buttocks are completely covered
and are not visible to the human eye.
(Ord. 557 § 3, 2019)
All Class II establishments permitted or required to be permitted
under this chapter must have a manager on the premises at all times
when entertainment is being conducted to ensure compliance with the
provisions of this chapter. The permittee must register and obtain
approval of the manager from the Sheriff.
(Ord. 557 § 3, 2019)
No person or establishment permitted pursuant to this chapter
or required to be permitted under this chapter may show, project or
permit to be shown or projected any motion picture, still picture,
or slide, the main subject of which is the depiction of the human
body, or any portion thereof, whether clothed or unclothed, unless
and until the license of such establishment is specifically endorsed
by the Sheriff to permit such showing.
(Ord. 557 § 3, 2019)
A.
No person may conduct or participate in any entertainment as defined in Section 4.19.010 unless and until such person has registered in person with the Sheriff and completed the registration form provided by the Sheriff. Any person registering under this section must provide all of the following:
1.
Name
and residence address;
2.
Social
security number and driver's license or State- or Federal-issued
identification number, if any;
3.
Whether
such person has ever been convicted of any crime except misdemeanor
traffic violations. If any person mentioned in this subsection has
been so convicted, a statement must be made giving the name of the
person so convicted, the place and court in which the conviction was
had, the specific charge under which the conviction was obtained,
and the sentence imposed as a result of such conviction;
4.
A
recent photograph, which photograph may be taken by the Sheriff; and
5.
A
complete set of each person's fingerprints, taken by the Sheriff,
and forwarded to the Federal Bureau of Investigation, Identification
Division, for search.
B.
No person may employ any person to participate in or conduct any entertainment as defined in Section 4.19.010 unless and until such person has registered with the Sheriff as provided in this section, and until written notification has been received from the Sheriff that such person has been duly registered. The Sheriff's notices of registration shall be maintained by the employer at the place of business, and shall be available for inspection at all times.
(Ord. 557 § 3, 2019)
Every Class II permittee must permit law enforcement personnel to enter free of charge any establishment permitted pursuant to this chapter for the purpose of conducting an inspection pursuant to Section 1.04.040 of this code.
(Ord. 557 § 3, 2019)
