As used in this chapter, "entertainment"
means any of the following activities performed for members
of the public with or without charge:
(1)
Any act, play, review, pantomime, scene, dance, dance act, or
song and dance act performed or participated in by one or more persons,
whether or not such person or persons are compensated for such performance;
excepting from this subsection instrumental music, with or without
vocal accompaniment, as an accessory use to a use otherwise permitted
in the respective zone.
(2)
Intentional exposure to any customer of male or female genitals,
pubic hair, buttocks, natal cleft, perineum, or any portion of the
female breast at or below the areola thereof.
(3)
The wearing, using or employing of any device, costume or covering
which gives the appearance of, or simulates, the genitals, pubic hair,
buttocks, natal cleft or perineum.
(Ord. 1417 § 1, 1976)
"Entertainment" as used in this chapter does not include:
(2) Occasional
dances conducted by or under the auspices and sponsorship of bona
fide charitable or religious organizations, and as to which no promoter
or agent is receiving a profit;
(3) Entertainment
conducted solely on public school or church premises;
(4) Teenage dances for which a permit has been issued pursuant to the provisions of Section
5.44.080 hereof.
(Ord. 1417 § 1, 1976)
No person, proprietor, agent, officer, employee or other person
having charge, custody or possession of a restaurant, hotel, cafe,
coffee house, cabaret, club, barroom, beer hall, beer garden, public
dance hall or other public place, 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 or other public place unless a permit has been issued therefor
in accordance with the terms and provisions of this chapter.
(Ord. 1417 § 1, 1976)
The fee for an annual entertainment permit shall be:
(1) Where
the applicant has a valid "on-sale general" ABC license for the same
location and covering the same period of time: three hundred dollars;
(2) Where
the applicant has an ABC license for the same location and covering
the same period of time classified as other than "on-sale general":
four hundred and fifty dollars;
(3) Where
the applicant has no ABC license and does not propose to apply for
one or to serve alcoholic beverages: one hundred fifty dollars.
(Ord. 1417 § 1, 1976)
Every person desiring an entertainment permit shall file an
application with the license collector on a form to be provided by
the city. If the application is for a new permit, it shall be issued
upon the payment of the permit fee and upon the issuance of a conditional
use permit, as provided in Title 21 of this code. If the application
is for renewal of a lawful existing permit, it shall be issued subject
to all conditions previously imposed on such permit and upon payment
of the permit fee. Any application proposing a change from an existing
permit in the nature of the entertainment or the hours and days thereof,
or an expansion from an existing permit of the facility in which the
entertainment is performed shall be deemed an application for a new
permit.
(Ord. 1417 § 1, 1976)
Except as otherwise specifically provided in this chapter, an
application for a permit pursuant to the provisions of this chapter
shall specify:
(1) The
location for which the permit is required;
(2) The
name and proposed business address of the applicant. If the applicant
is a corporation, the name shall be exactly as set forth in its articles
of incorporation and the applicant shall show the name and residence
address of each of the officers, directors and each stockholder owning
not less than ten percent of the stock of the corporation. If the
applicant is a partnership, the application shall show the name and
residence address of each of the members, including limited partners.
If one or more of the partners is a corporation, the provisions of
this section as to a corporate applicant apply;
(3) Whether
or not the applicant or any officer or director, or member of the
applicant if a corporation, as the case may be, has ever been convicted
in any court for any crimes involving moral turpitude;
(4) The
names and addresses of the persons who have authority or control over
the place for which the permit is requested and a brief statement
of the nature and extent of such authority or control;
(5) The
nature of the "entertainment," and a comprehensive description thereof,
including the hours and days of presentation thereof;
(6) The
address to which notice, when required, is to be sent or mailed;
(7) Whether
the application is for a new permit or for the renewal of an existing
permit.
(Ord. 1417 § 1, 1976)
Any entertainment permit may be revoked pursuant to Section
5.08.250 et seq. of this code.
(Ord. 1417 § 1, 1976)