For the purpose of this chapter, the words and phrases shall
have the same meanings respectively ascribed to them by this section:
"Applicant"
means a person applying for a new or renewal permit or required
to file an application for a permit, under this chapter.
"Entertainer"
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.
"Entertainment"
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:
1.
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.
2.
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.
3.
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.
"Police Chief"
shall mean the Police Chief of the City of Claremont or his
or her authorized representative.
"Public dance"
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)
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.
J. Any adult entertainment at an adult business that must comply and is in compliance with all the requirements of Chapter
5.48 of the Claremont Municipal Code.
(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)
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)