For the purpose of this chapter, the words and phrases shall
have the same meanings respectively ascribed to them by this section:
means a person applying for a new or renewal permit or required
to file an application for a permit, under this chapter.
means the Community Development Director of the City of Claremont
or his or her authorized representative.
means under the provision of this chapter any person whose
actions or presence before an audience provides entertainment, but
not a café musician as defined in Section 37101.5 of the California
Government Code while occupied exclusively in presenting music.
means a single event, a series of events, or an ongoing activity
or business occurring alone or as part of another business to which
the public is invited to watch, listen, or participate or is conducted
for the purposes of holding the attention or gaining the attention
of or diverting or amusing guests or patrons including, but not limited
to the following:
Any amusement or event, or other performance which is knowingly
permitted by any establishment such as live music, vocal production,
instrumental music, song, dance or comedy act, dramatization, pantomime,
play, concert, modeling, or any type of contest; sporting events,
exhibitions, carnival, circus or acrobatic act, other demonstrations
of talent or items for gift or sale; shows, reviews, and any other
such activity which may be attended by members of the public which
are performed by one or more persons, whether or not such person or
persons are compensated for such performances, and whether or not
such activity is performed inside a building or out-of-doors.
Any event controlled, conducted, sponsored, encouraged, or knowingly
permitted by an establishment subject to this chapter, which involves
any of the activities described in the foregoing paragraphs and which
is presented by members of the public, whether or not the participants
in said activities are compensated by the establishment.
An announcer or disc jockey that provides recorded music played
on play-back machines with mixing equipment in conjunction with announcing
song titles or artists' names.
Public dance.
means any place or building where entertainment is presented.
shall mean the Police Chief of the City of Claremont or his
or her authorized representative.
means a gathering of persons in or upon any premises to which
the public is admitted, where dancing is permitted, either as the
main purpose for such gathering or as an incident to some other purpose.
(02-03)
A.
It shall be unlawful for any person who owns, manages, supervises, controls, or is in any way responsible for any restaurant, business, or other premises within the City to provide or permit entertainment to occur at such location, or for any person to provide entertainment at any entertainment venue within the City, whether or not for compensation, unless an entertainment permit is issued by the City to the owner or lessor of such restaurant, business, or premises pursuant to the provisions of this chapter. The requirements of this chapter for an entertainment permit are separate and in addition to a business license required under Chapter 5.20 of this Code.
(02-03)
The provisions of this chapter shall not apply to any of the
following:
A.
Anything
emanating from a radio, jukebox, television receiver, or music-recording
machine operated by the owner of the establishment, provided the equipment
is not used by or in conjunction with an announcer or disc jockey
that announces song titles or artist names, or interjects with other
dialog.
B.
Any live entertainment provided in a theater or similar use that is operating under and in compliance with a conditional use permit issued pursuant to Chapter 16.303 of this Code and where live entertainment was approved as part of the conditional use permit.
C.
Any
café musician as defined in Government Code Section 37101.5
while occupied exclusively in presenting music.
D.
Any
live entertainment provided at, during, and with the consent of the
person in charge of any meeting, game, event, contest, picnic or outing
of, and exclusively for, any nonprofit religious, fraternal, charitable,
humanitarian, governmental, military, veteran, civic, youth, school,
education, musical, dramatic, literary, sporting, social, service
club or group, or any similar nonprofit corporation eligible under
Section 501(c)(3) of the United States Internal Revenue Code.
E.
Any
live entertainment provided in, and with the consent of any person
in control of, any park, stadium, arena, or auditorium, or upon any
educational or governmental property.
F.
Any
live entertainment consisting solely of auditions. For purpose of
this section, audition means any test of the quality of entertainment
not in the presence of a public audience.
G.
Any
entertainment provided for guests at a private party where admission
is not open to the public.
H.
Any
musical or live performance provided in conjunction with a retail
music business that is operating in compliance with all City codes
and laws.
I.
Any
modeling of clothes provided in conjunction with a retail clothing
business that is operating in compliance with all City codes and laws
and where the clothes modeled are sold by the business.
(02-03)
A.
Any
person desiring to obtain an entertainment permit for a restaurant,
business, or other entertainment venue shall file an application on
forms provided by the community development department together with
the applicable fee.
B.
The
application shall include the following:
1.
A
detailed description of the type of entertainment for which the permit
is requested, the hours the event or activities may take place, whether
this will be a continuing or one-time event or activity, and the admission
fee, if any, to be charged.
2.
Address
and name of establishment at which the entertainment will occur.
3.
Whether
or not amplification will be used and, if so, the nature of the use
and type of amplification to be used.
4.
A
copy of the lease or contract if the premises are being rented or
leased or being purchased under contract.
5.
The
names and address of the person(s) who has authority or control over
the entertainment and a brief statement of the nature and extent of
control.
6.
Names,
resident street addresses, mailing addresses, driver's license number,
and any fictitious names used within five years preceding the date
of application for the applicant, each business owner, manager, and
lessor of the premises at which the entertainment will occur. If the
applicant, owner, or lessor is a partnership or corporation, the application
shall also include the name of the partnership or corporation, the
date and place of incorporation, and all of the above information
for each partner, officer, director, and stockholder owing more than
ten percent of the stock of the corporation. The applicant, and each
owner, manager or lessor of the premises may also be required to be
fingerprinted at the police department at the discretion of the Community
Development Director for identification purposes. The fee for fingerprinting
shall be as established and periodically amended by resolution of
the City Council.
7.
Whether
or not the applicant, or any owner, manager, or lessor of the premises
have been convicted of a crime and the nature of such offense.
8.
Name
under which the entertainment enterprise will occur.
9.
The
address at which the applicant should be sent notice.
10.
Additional information as determined necessary by the Community Development
Director.
C.
The
Community Development Director may require from the applicant and
any persons named in the application a waiver of privilege, authorization
for release of information, and/or an agreement holding harmless any
persons providing information to the Director and all employees and
officers of the City. The Director may also require a release from
liability or damage for the use of the information by City officials
in connection with any appeal of a decision on a permit.
D.
The
application for a permit does not authorize the performing of entertainment
until such permit has been granted.
(02-03)
The City Council shall establish by resolution, and from time
to time may amend, the fees for administration of this chapter.
(02-03)
A.
No more
than 20 business days after receipt of a completed application for
a permit, the Community Development Director shall approve, conditionally
approve, or deny the application and shall give notice of the decision
to the applicant.
B.
The
Community Development Director may deny an application for any of
the following reasons:
1.
The
business for which the permit is requested or the premises at which
the entertainment is to be located is not in compliance with all applicable
City, state, and federal laws, ordinances and codes.
2.
The
applicant made false statements in the application for an entertainment
permit.
3.
The
event or activity for which a permit is requested would have an adverse
effect on adjacent property or other uses in the vicinity of the premises
at which the event or activity is to be located because the event
or activity will result in one or more of the following:
a.
Noise levels that exceed the City's noise standards or which substantially
increase the ambient noise levels in the vicinity of the entertainment
venue.
b.
Inadequate and/or spillover parking into adjacent commercial areas
or residential neighborhoods.
c.
Hours of operation incompatible with adjacent uses.
d.
Significant new traffic in adjacent neighborhoods.
e.
Increased criminal activity such as graffiti, littering, acts of
violence, public drunkenness, public urination, and illegal drug activity
in vicinity of the entertainment venue.
f.
Other similar secondary impacts.
4.
The
owner or lessor of the premises, or the manager of the event or activity,
has had a similar permit previously revoked for good cause, violated
conditions of a previous permit, has been convicted in a court of
competent jurisdiction within the past five years of any of the following:
fraudulent business practices, selling or trafficking in stolen goods,
illegal drugs activity, illegal gambling, prostitution, assault, battery,
rape or other criminal sexual assault, or lewd conduct, or is required
to register under Penal Code Section 290 or Health and Safety Code
11590.
5.
If
the entertainment venue for which the entertainment permit is sought
will be patronized by minors and the owner or lessor of the premises,
or the applicant or manager of the event or activity has been convicted
within the past five years of child abuse, sexual misconduct with
a minor, or the illegal serving, providing, or selling of alcoholic
beverages to underage persons.
C.
In addition
to the above reasons for denying an application, the Director may
also deny an application for an event or activity involving public
dancing if the Director finds that the public dancing would constitute
a menace to the public health, safety, or general welfare.
D.
In the
event a permit is denied or revoked pursuant to this chapter, no other
permit shall be issued to the same applicant or any successors in
interest within a minimum of one year from the date that the denial
or revocation is final.
(02-03)
A.
The
following requirements of this section are necessary to protect the
public health, safety, and welfare and shall be deemed conditions
of all entertainment permit approvals. Failures to comply with every
such requirement shall be grounds for suspension or revocation of
the permit issued pursuant to this chapter.
1.
Entertainment
activities on the premises are limited to only those described in
the submitted application and specifically approved by the Community
Development Director.
3.
No
entertainer shall have any intentional physical contact with any patron,
and no patron shall have physical contact with any entertainer during
entertainment activities.
4.
No
patron shall be allowed to hand tips directly to the entertainers,
throw tips to entertainers, or place tips in the entertainers' costumes.
If patrons wish to tip entertainers, tips shall be placed in receptacles
located at least six feet from the entertainers.
5.
A
sign shall be posted inside the premises and near the entrance, where
clearly visible to the public, that states the maximum occupancy of
the establishment as determined by the City building official. The
business owner or any manager shall not permit the number of occupants
within the establishment to exceed the posted occupancy limit.
6.
No
owner, manager or other person with managerial control over the entertainment
venue shall allow entertainment to occur between the hours of 2:00
a.m. and 6:00 a.m. The hours for entertainment may be further restricted
as determined appropriate by the Community Development Director.
7.
No owner, manager or other person with managerial control over the entertainment venue shall permit entertainment that creates unreasonable noise or constitutes a public nuisance. Unreasonable noise shall mean any noise that exceeds the applicable noise standards in Chapter 16.154 of this Code.
8.
No
owner, manager or other person with managerial control over the entertainment
venue shall permit any intoxicated, boisterous, or disorderly person
to enter, be in or remain in or around such entertainment venue or
restaurant including the parking or other areas within the reasonable
control of the entertainment venue.
9.
No
owner, manager or other person with managerial control over the entertainment
venue shall permit or allow any dance activities characterized by
violent physical contact between and among patrons or activities where
patrons are suspended above the shoulders of a person for the purpose
of maneuvering such patrons from one person to another or activities
characterized by having patrons or performers diving or leaping into
a crowd of persons. These prohibited activities are commonly known
as mosh or slam-dancing, crowd or body surfing, and stage dancing.
10.
Security measures shall be provided when needed as determined by
the Community Development Director to deter unlawful conduct on the
part of employees or patrons or to promote the safe and orderly assembly
and movement of persons and vehicles or to prevent disturbance of
the neighborhood by excessive noise created by patrons entering or
leaving the establishment where the entertainment occurs.
11.
Where the Community Development Director and Police Chief determine
that the staging of the permitted activity will result in the need
for increased City services for public safety, traffic management,
trash collection, etc., the applicant may be required to make payment
to the City in an amount equal to the projected cost of the increased
City services attributed to the permitted activity.
12.
At the discretion of the Community Development Director and Police
Chief the applicant may be required to post a bond with the City.
The purpose of the bond shall be to provide for security for extraordinary
law enforcement or public safety services provided to the business
owner resulting from the entertainment activity for which the permit
is granted. The bond may be drawn upon in an amount not to exceed
the actual and reasonable cost to provide such extraordinary service.
The business owner shall be notified in writing of any reduction in
the bond and the requirement to replenish the bond in the amount determined
by the Director. Failure to replenish the bond within ten calendar
days of the notice shall result in automatic revocation of the permit
with no further action by the City necessary. Extraordinary law enforcement
or public safety services for purposes of this chapter shall mean
services provided by the City which require more than two police officers
to respond to the situation, or cause two or more repeated police
responses within any 24-hour period or the issuance of two or more
"repeat disturbance response" notices within any 30-day period, or
that are beyond the course and scope of the services routinely provided
to other businesses and citizens and stretch the resources of the
police department beyond those normally available for response.
B.
The
Community Development Director may impose additional appropriate conditions
on a permit as may be necessary to protect the public peace, health,
safety or general welfare should particular facts or circumstances
of a proposed entertainment so justify.
(02-03)
A.
Entertainment
permits shall be valid for one year from the date of issuance or for
a shorter period if designated by the Community Development Director.
Such permits may be renewed for additional periods up to one year
upon approval of the Director. Applications for renewal shall be filed
with the Community Development Department no later than 30 calendar
days prior to the permit expiration date and shall be accompanied
by the applicable fee.
B.
The
Community Development Director shall approve or conditionally approve
the renewal application if there are no proposed changes to the nature
of the entertainment and the business for which the entertainment
permit was granted is being operated in compliance with all conditions
of approval for the permit, the requirements of the permit pursuant
to this chapter, and all applicable laws, ordinances and codes.
(02-03)
Whenever any change occurs to the information submitted pursuant
to Section 5.45.40, the applicant or permittee shall give notification
of such change to the Community Development Director within 10 days
after the change.
(02-03)
The Community Development Director shall have the right to suspend or revoke any permit granted under this chapter pursuant to the procedures of Chapter 5.20 of this Code. The decision to suspend or revoke a permit shall be based on one or more of the following:
A.
Circumstances related to the permit meet the criteria for denial of a permit as set forth in Section 5.45.060.
B.
The
event or activity for which the permit was issued violates one or
more conditions imposed upon the issuance of such permit or requirements
of the permit pursuant to this chapter.
C.
The
permit is being used to conduct an event or activity different from
that for which the permit was granted.
D.
Guests
and/or patrons of the entertainment venue repeatedly disturb the peace
and create disturbances either on the premises or in the near vicinity
of the premises after leaving the venue.
E.
Extraordinary
law enforcement or public safety services have been required as a
result of activities at the establishment to which the permit was
issued to the extent that they create an unreasonable burden on the
City. Extraordinary law enforcement or public safety services for
purposes of this chapter shall mean services provided by the City
which require more than two police officers to respond to the situation,
or cause two or more repeated police responses within any 24-hour
period or the issuance of two or more "repeat disturbance response"
notices within any 30-day period, or that are beyond the course and
scope of the services routinely provided to other businesses and citizens
and stretch the resources of the police department beyond those normally
available for response.
(02-03)
All persons engaged in providing entertainment in the City within
the meaning of this chapter or is the holder of an entertainment permit
issued by the City prior to October 10, 2002 shall apply for a new
permit pursuant to this chapter within six months of October 10, 2002
or 30 days prior to the scheduled expiration date of the existing
permit, whichever occurs first. Such persons may continue to provide
entertainment of the same nature as previously, provided it is in
conformity with all other applicable City, state, and federal laws
until the submitted application has been acted upon and the decision
on the application has become final.
(02-03)
Any person aggrieved by the decision of the Community Development Director on an application for a new entertainment permit or the renewal, suspension, or revocation of permit may file an appeal of such action pursuant to Chapter 5.20 of this title.
(02-03)
A.
Any
permit granted pursuant to this chapter is nontransferable, separate
and distinct. No person shall exercise the privileges granted under
this chapter except the person(s), firm, or corporation to whom the
permit was issued. Any new owner or lessor of an entertainment venue
shall be required to submit a new application and obtain a new permit
pursuant to this chapter.
B.
Any
permit granted pursuant to this chapter is specific to the location
for which it is applied. Any relocation of the permitted activity
or major alteration to the existing facility shall require a new permit.
(02-03)
