Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this Chapter 17.95.
means any person who has never been an entertainer for financial
benefit.
means one or more persons, present as listeners or viewers,
but not as entertainers, during any live entertainment.
means any test of the quality of live entertainment not in
the presence of a public audience.
means any act, performance, exhibition, demonstration, concert,
dialogue, pantomime, or display upon, or by, any person, or any sound,
word, speech, song or other utterance, or any dance, posture, act
or other movement, or any music or other sound manually produced from
an instrument or article, including the use of an electronic playback
device by any announcer or "disc jockey" who, at the time, provides
any form of vocal entertainment, including the announcing of song
titles or artists' names, in the presence of any audience under the
auspices of, or with the consent of the owner, lessor, lessee, or
manager of a public place, which agreeably occupies the mind, or pleasantly
attracts, diverts, or holds the attention, or is for the amusement
of any person in such audience. Live entertainment also includes any
circus, trained animal show, carnival, sideshow or similar show; any
theatrical performance in a commercial establishment and the operation
of any midway ride including a merry-go-round, circular swing, roller
coaster, Ferris wheel or other similar ride or contraption intended
for pleasure, entertainment or amusement.
mean the person who has applied for a live entertainment
or special entertainment permit which has been granted.
means any individual, partnership, association, or corporation,
including any firm, company, society, or league who files an application
for a new or renewal live entertainment, or special entertainment
permit as provided in this chapter.
means and includes any business or property regularly opened
to the public and shall include, but not be limited to, stores, shops,
restaurants, bars, night clubs, coffee shops, hotels, recreational
(both passive and active) areas, horse racing tracks and shall also
include any private club. Public place shall also include events,
concerts and performances conducted out-of-doors done in conjunction
with or as a promotion.
(Ord. 936-04 § 7)
A.
Except as provided in Section 17.95.040, it is unlawful for any person to operate, conduct or manage any public place where any form of live entertainment is conducted without a valid live entertainment permit from the city.
B.
Except as provided in Section 17.95.040, it is unlawful for any person to perform any entertainment in a public place without a valid entertainment permit when such person has knowledge of the lack of such permit, or who assists, permits or counsels any person to violate any provisions of this chapter.
C.
For
purposes of this section, any theatrical or professional entertainment
performances sponsored, used, shown, operated or maintained by any
owner, lessee, occupant or operator of any commercial establishment
in the city in conjunction with, as an adjunct to, or in promotion
of such commercial establishment, or the wares, services, merchandise
or products thereof or any part thereof, shall require a separate
business license certificate for each theatrical or professional entertainment
performance.
D.
Any
person required by this chapter to have a live entertainment permit
shall, prior to providing any live entertainment on the property,
file a written, signed and acknowledged application in duplicate with
the city clerk containing the following information:
1.
The
full name and address of the applicant. If the applicant is a corporation,
the names and addresses of its president, vice president, treasurer,
secretary, chief financial officer, chief executive officer or equivalent
and those persons who will have day to day managerial control of the
business. If the applicant is a partnership or association, the name
of those partners or association members owning more than thirty percent
of the business, as well as the names of all persons who will have
day to day managerial control of the business;
2.
A
detailed description of the live entertainment, including the type
of entertainment; number of persons engaged in the entertainment;
purpose of the entertainment; the estimated number of persons who
would attend each event or performance; and the proximity of the live
entertainment to the nearest residential uses on the north, south,
east and west sides of the establishment;
3.
The
admission fee, if any, to be charged;
4.
The
names and business addresses and telephone numbers of the person or
persons having the ownership, management, control or supervision of
the public place both during normal operating hours and during the
hours which the proposed live entertainment is to be performed;
5.
The
written consent of the property owner, evidenced by his or her signature
on the application form;
6.
Type
and nature of any vehicles, equipment or other apparatus to be used
in connection with the event;
7.
The
number and amplifying range of any sound amplifying systems to be
used in connection with the event;
8.
Type
of goods, wares, merchandise, food or beverages to be sold or otherwise
provided to persons at the event;
9.
Whether or not the persons referenced in subsections (D)(1) and (D)(4) of this section have had an adult-oriented business permit, or similar permit, suspended, revoked or canceled anywhere within the last five years and the circumstances surrounding the same. Suspension or cancellation of liquor licenses shall be considered within the purposes of this section.
10.
Whether or not the persons referenced in subsections (D)(1) and (D)(4) of this section have, within the last five years, been convicted of a felony or of any crime involving theft, embezzlement or moral turpitude; have been convicted of violating any municipal or county ordinance relating to the conduct of live entertainment, including noise violations; or operated or conducted a place of business in a manner constituting a public nuisance;
11.
The time period for which the permit is required and the time period
during which the performances are to occur (i.e., live entertainment
permit is desired for one month and the performances are to occur
from seven p.m. to eleven-thirty p.m.);
12.
A plan for control of noise affecting nearby premises, with special
attention to prevention of noise nuisance to nearby residents or businesses;
13.
A statement under oath that the applicant has personal knowledge
of the information contained in the application, that the information
contained in the application is true and correct, and that the applicant
has read and understands the provisions of this chapter.
E.
Whenever any change occurs relating to the written information required by subsection D of this section, the applicant or permit holder shall give notification in writing of such change to the city clerk within five days after such change or any hearing conducted pursuant to this chapter if such hearing is conducted before the above notification has been given.
F.
The
submission of an application for a live entertainment permit does
not authorize the performing of live entertainment until such permit
has been granted as provided in this chapter.
G.
Submission
of Application. All applications for live entertainment permits shall
be filed with the city clerk on the form provided by the city which
shall then be forwarded to the city's chief of police and director
of community development.
H.
Determination
of Completeness. Within ten business days following the receipt of
an application pursuant to this section, the director of community
development, or his or her designee, shall determine whether the application
contains all the information required by the provisions of this chapter.
If it is determined that the application is not complete, the applicant
shall be notified in writing within five business days of the date
such determination is made that the application is not complete and
the reasons therefor, including any additional information necessary
to render the application complete. The applicant shall have thirty
calendar days to submit additional information to render the application
complete. Failure to do so within the thirty-day period shall render
the application void. Within five business days following the receipt
of an amended application or supplemental information, the director
of community development, or his or her designee, shall again determine
whether the application is complete in accordance with the procedures
set forth in this subsection. Evaluation and notification shall occur
as provided in this section until such time as the application is
found to be complete. The applicant shall be notified within five
business days of the date the application is found to be complete.
All notices required by this chapter shall be deemed given upon the
date they are either deposited in the United States mail or the date
upon which personal service of such notice is provided.
I.
Investigation
of Permit. Upon determining that an application for a live entertainment
permit is complete, the director of community development or his or
her designee shall, within thirty business days of receipt of the
application, conduct an investigation of the information contained
in the application to determine if the proposed live entertainment
and the business in which it is to be offered is in compliance with
the provisions of this chapter. Such investigation may include providing
copies of the application to the director of public works/city engineering,
the police chief, the city manager or other officials for their investigation
and report thereon.
J.
Upon the expiration of the thirty-day investigatory period, the director of community development, or his or her designee, shall approve the issuance of a live entertainment permit if the director determines that all of the requirements of this chapter have been met, including, but not limited to, the conditions imposed pursuant to Section 17.95.050, and that the investigative report by the chief of police, the director of public works/city engineer, and other officials fails to identify any of the items listed in subsections (D)(9) and (10). If the above findings cannot be made, the application for a permit for the calendar year in which the application is made shall be denied. Any applicant whose permit has been denied pursuant to this chapter may appeal to the city manager.
K.
Once
a live entertainment permit has been issued, the permit shall be valid
for six months.
(Ord. 936-04 § 7; Ord. 1122-16 § 12)
A.
No
application for a live entertainment permit shall be considered complete
unless and until the application fee, as set by resolution of the
city council, as may be modified from time to time, is paid.
B.
Statement of Exemption. Every person claiming to be entitled to an exemption from payment of the permit fee shall file a verified statement with the director of community development concurrent with the permit application, providing evidence that the proposed entertainment is "charitable entertainment" or "civic entertainment" as defined in Section 17.95.040(D) and (E). If the applicant substantiates that the entertainment is charitable or civic entertainment as defined in Section 17.95.040(D) and (E), the director of community development shall authorize a fee waiver for said applicant.
(Ord. 936-04 § 7)
The provisions of this chapter shall not be deemed or construed
to require a permit or the payment of a permit fee for the following:
A.
Any
live entertainment consisting solely of auditions;
B.
Any
amateur who sings while in, and a part of, any audience;
C.
Anything
emanating from a radio, record or CD player, juke box or television
receiver;
D.
Charitable
entertainment, which means any entertainment, concert, exhibition
or lecture on scientific, historical, literary, religious or moral
subjects, whenever the entire receipts of any such entertainment,
concert, exhibition or lecture are appropriated to any church or school,
or to any religious, civic or benevolent purpose, or any educational
foundation within the city.
E.
Civic
entertainment, which means any entertainment, dance, concert, exhibition
or lecture by any religious, charitable, fraternal, educational, military,
state, county or municipal organization or association, whenever the
entire receipts for such entertainment, dance, concert, exhibition
or lecture are appropriated for the purposes and objects for which
such association or organization is formed and from which no profit
is derived, either directly or indirectly, by any person.
F.
Minors.
The conducting of a business, otherwise permitted by city ordinance,
by youth, under the age of eighteen years, living in the city. The
exemption may be authorized by the director of community development
upon receipt of proof of such status.
(Ord. 936-04 § 7)
A live entertainment permit may be issued with conditions on
the circumstances surrounding the provision of entertainment. Conditions
may include, but are not limited to, the following:
A.
That
the proposed live entertainment shall not be held in any building,
structure or other location within three hundred feet of any approved
residential property unless the live entertainment is conducted on
city-owned property. For the purposes of this section, all distances
shall be measured in a straight line, without regard to intervening
structures or objects, from the nearest point of the building, structure
or other location in which the live entertainment will be provided
to the nearest property line of the residential property;
B.
Noise
from the live entertainment shall not exceed specified noise standards;
C.
A requirement
that security guard(s) be on duty outside the premises, patrolling
the grounds and parking lot at all times live entertainment is offered;
D.
A requirement
that the exterior grounds, including the parking lots, shall be lighted
to three foot candles, minimally maintained and evenly distributed,
as measured at ground level to permit the security personnel to observe
activity on the grounds and within automobiles.
E.
No
exterior door or window of the premises shall be propped or kept open
at any time while the business is providing live entertainment.
F.
There
shall be no drinking of alcoholic beverages on any portion of the
premises not licensed for the consumption of alcohol, including, but
not limited to the parking lot of the establishment.
G.
The
prohibition of the provision of live entertainment before ten a.m.
any day of the week, and the requirement that all live entertainment
be concluded prior to ten p.m. on Sundays through Thursdays and twelve
a.m. on Fridays and Saturdays.
(Ord. 936-04 § 7)
Every person having a permit under the provisions of this chapter
shall keep such permit posted and exhibited in some conspicuous part
of the place of business available to the public.
(Ord. 936-04 § 7)
Once a live entertainment permit is issued, it shall not be
transferable.
(Ord. 936-04 § 7)
Any permit issued pursuant to this chapter may be revoked or
suspended by the city manager if the city manager finds and determines
that the permittee is engaged in live entertainment not permitted
by the permit certificate.
The city manager may revoke or suspend a permit only after the
grounds of complaint have been presented to the permittee and the
permittee has been provided an opportunity to present his position
before the city manager.
(Ord. 936-04 § 7)
Any permittee who has had its permit denied by the director of community development pursuant to this section, or revoked or suspended by the city manager pursuant to Section 17.95.080, shall be provided an opportunity to appeal the denial, revocation or suspension to the city council. An appeal shall be processed as follows:
A.
Filing
an Appeal. A permittee desiring to appeal the determination of the
director of community development or the city manager shall file a
request for an appeal with the city clerk no later than fifteen days
following the determination, and shall pay a filing fee as the city
council may establish from time to time by resolution. The written
request shall contain (1) the name and address of the applicant; (2)
the date of the decision in question; (3) the reasons for the hearing;
(4) the grounds relied upon for relief;
B.
Scheduling
the Appeal. The city clerk shall place the appeal on the agenda of
the next regular meeting of the city council for which the legal requirement
for the posting of the agenda items can be met. Notice of the time
and place of the hearing shall be mailed to the applicant no later
than ten days prior to the date set for hearing. The notice shall
specify the grounds for the proposed revocation. The notice may also
designate certain records of the applicant required to be produced
at the time of the hearing;
C.
City
Council Hearing. The city council shall be provided the grounds of
complaint against the permittee and the basis for the city manager's
determination to deny, revoke or suspend the permit. The permittee
shall be provided an opportunity to present information to the council
in writing or in person in opposition to the city manager's determination.
The council may continue the appeal hearing from time to time;
D.
Determination
by the City Council. After conducting the hearing and based on the
information presented and the determination that the permittee is
providing entertainment contrary to the provisions of its permit,
the council may:
1.
Uphold
the determination of the director of community development to deny
the permit;
2.
Uphold
the determination of the city manager to suspend or revoke the permit;
3.
Modify
the determination of the city manager;
4.
Overrule
the determination of the director of community development and approve
the permit; or
5.
Overrule
the determination of the city manager and reinstate the permit.
E.
Findings
of City Council Final. The determination of the city council shall
be final and conclusive on the matter.
(Ord. 936-04 § 7)
Any business establishment providing live entertainment contrary
to the provisions of this chapter shall also constitute a public nuisance
and the city attorney may, in addition to or in lieu of any criminal
action taken there under, commence an action or proceeding for abatement,
removal, or enjoyment thereof in the manner provided by law and shall
apply to such court as may have competent jurisdiction to grant such
relief to abate or remove such establishment and restrain and enjoin
any person from operating, conducting or maintaining such an establishment
where entertainment is provided.
(Ord. 936-04 § 7)
A.
Whenever any person is convicted of a violation of any of the provisions of this chapter or any permit there under, in addition to any other penalty imposed, the license which may have been granted pursuant to Title 5 to such person to conduct, maintain or carry on any business shall be rendered immediately void, and the city council shall deem the license to be revoked, and no new license shall be issued to such person to conduct a similar business for at least one year thereafter.
(Ord. 936-04 § 7)
