The City of Carlsbad encourages the development of arts and
culture and recognizes that having many entertainment establishments
provides a means for such activity. The City of Carlsbad further recognizes
that having a variety of entertainment types in the city promotes
a rich and diverse cultural experience.
The City of Carlsbad also recognizes that entertainment establishments
serving alcohol have demonstrated the potential for creating an environment
where various types of disturbances, excessive noise, and disorderly
conduct by inebriated patrons may occur. These negative effects are
adverse to the public safety and the quality of life in the community.
The purpose of this chapter is to regulate the operation of
entertainment establishments so as to minimize the negative effects
and to preserve the public safety, health and welfare. It is not the
city's intent to regulate or restrict the type or content of entertainment
provided in those establishments. All licensees will be responsible
for controlling patron conduct at their entertainment establishment,
making adequate provisions for security and crowd control, compliance
with state and local laws and minimizing disturbances caused by the
operation of an entertainment establishment.
It is also the intent of the City of Carlsbad to provide alternatives
to the regulating of entertainment establishments by imposing license
conditions tailored to the particular entertainment establishment.
(Ord. NS-859 § 3, 2007)
For purposes of this chapter the following words and phrases
shall have the following meanings:
"A-weighted sound level"
means the sound level in decibels as measured on a sound
level meter using A-weighting network. The level is displayed in decibels
and is designated either dB(A) or dBA.
"ABC license"
means a license to serve alcoholic beverages issued by the
State of California Department of Alcoholic Beverage Control.
"Ambient music"
means prerecorded, low-level, background music, which is
inaudible from any portion of the exterior of the premises. Ambient
music does not include music played by a "disc jockey" or "DJ."
"Ambient noise level"
means the composite noise from all sources near and far.
In this context, the ambient noise level constitutes a normal or existing
level of environmental noise at a given location and time.
"Ambient sound"
means vibrations that travels through the air and are detectible
by the ear and which are inaudible from any portion of the exterior
of the premises.
"Ambient television"
means television programming routinely shown on broadcast,
cable, satellite or other networks which now exist or which may be
developed in the future which is inaudible and not visible from any
portion of the exterior of the premises.
"Average sound level"
means a sound level typical of the sound levels at a certain
place during a given period of time, averaged by the general rule
of combination for sound levels, as set forth in S1.40-1984, as amended
from time to time, of the American National Standards Institute specifications
for sound level meters. Average sound level is also called equivalent
continuous sound level ("Leq").
"Cabaret license"
means a cabaret license issued pursuant to Section 8.09.014
as it existed before the revision of this code by the enactment of
this chapter, entertainment license.
"Class I entertainment establishment"
means a business with an ABC license offering entertainment
to patrons that does not include dancing by patrons of the entertainment
establishment.
"Class III entertainment establishment"
means a business that is a public premises establishment
with an ABC license offering entertainment to patrons that does not
include dancing by patrons of the establishment.
"Dance or dancing"
means to move with rhythmical steps or movement, usually to music or an audible rhythm; except for any dance that is regulated under Chapter
8.60 (Adult Business Licenses and Operating Regulations).
"Disturbing, excessive or offensive noise"
means: (a) any noise which constitutes a nuisance involving
discomfort or annoyance to persons of normal sensitivity residing
in the area; or (b) any noise conflicting with the criteria or levels
set forth in this chapter.
"Entertainment"
means any 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 or allowed to watch, listen, or participate,
or is conducted for the purposes of holding the attention of, gaining
the attention of, or diverting or amusing patrons, including:
1.
Dancing by patron(s) to live or recorded music.
2.
The presentation of music played on sound equipment operated
by an agent or contractor of the establishment, commonly known as
"disc jockey" or "DJ."
3.
The presentation of live music whether amplified or un-amplified.
4.
The presentation of music videos, music concerts or other similar
forms of musical entertainment from any source.
5.
Any amusement or event such as live music or other live performance
which is knowingly permitted by any entertainment establishment, including
presentations by single or multiple performers, such as hypnotists,
pantomimes, comedians, song or dance acts, plays, concerts, any type
of contest; sporting events, exhibitions, carnival or circus acts,
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.
"Entertainment establishment(s)"
means any commercial business, except a business entity possessing a valid cabaret license or regulated by Chapter
8.60 of this code that is open to the public wherein alcoholic beverages are served, is subject to licensing by State of California Department of Alcoholic Beverage Control and offers entertainment to patrons.
"Entertainment license"
means a license obtained from the Chief of Police pursuant
to the provisions of this chapter for the purposes of operating an
entertainment establishment.
"Manager"
means a person, regardless of the job title or description,
who has discretionary powers to organize, direct, carry on, or control
the operations of an entertainment establishment, including a restaurant
or bar. Authority to engage in one or more of the following functions
is prima facie evidence that a person is a manager of the entertainment
establishment:
1.
Hire or terminate employees;
2.
Contract for the purchase of furniture, equipment, or supplies,
except for the occasional replenishment of stock;
3.
Disburse funds of the business, except for the receipt of regularly
replaced items of stock;
4.
Make or participate in making policy decisions regarding operations
of the entertainment establishment.
"Noise"
means and includes ambient music, ambient television, ambient
sound, or entertainment.
"On-sale"
has the same meaning as California Business and Professions
Code Section 23038.
"Responsible party"
means any person who is physically at the entertainment establishment
and is any of the following:
1.
The person who owns the entertainment establishment;
2.
The person in charge of the entertainment establishment;
3.
The person using the entertainment establishment under a special
arrangement;
4.
An employee or agent of an owner or manager of the entertainment
establishment when the owner or manager is temporarily absent from
the entertainment establishment;
5.
The entertainment establishment's manager or on-site supervisor.
"Sound level"
means in decibels, the weighted sound pressure level obtained
by the use of a sound level meter and frequency weighing network as
specified in S1.40-1984, as amended from time to time, of the American
National Standards Institute specifications for sound level meters.
If the frequency weighting employed is not indicated, the A-weighting
is implied.
"Sound level meter"
means an instrument, including a microphone, an amplifier,
a readout, and frequency weighting networks for the measurement of
sound levels, which meets or exceeds the requirements pertinent for
type S2A meters in S1.40-1984, as amended from time to time, of the
American National Standards Institute specifications for sound level
meters.
(Ord. NS-859 § 3, 2007; Ord. CS-351 § 2, 2019)
All entertainment establishments shall possess an entertainment
license.
(Ord. NS-859 § 3, 2007)
The following types of activities are exempt from the provisions
of this chapter:
A. Events
for which a special event permit or park facility use permit has been
issued pursuant to this code;
E. Entertainment
conducted in connection with a theme park;
F. Entertainment
conducted in connection with a hotel, so long as the hotel is subject
to a specific plan or master plan development.
(Ord. NS-859 § 3, 2007)
Any person or business entity holding a valid cabaret license
issued before the effective date of the ordinance codified in this
chapter may continue with the operation of that business until such
time as that annual cabaret license expires or is revoked. Upon expiration
or revocation of an annual cabaret license, an application for an
entertainment license shall be submitted to the Chief of Police or
designee pursuant to this chapter if the business desires to continue
serving alcoholic beverages and providing entertainment to patrons.
The transferee or purchaser of a business holding an annual
cabaret license issued before the effective date of the ordinance
codified in this chapter shall be required to apply for an entertainment
license, pursuant to this chapter, within 30 days of the completion
of the transfer or purchase of the business holding such annual cabaret
license if the transferee or purchaser desires to continue serving
alcohol beverages and providing entertainment to patrons.
(Ord. NS-859 § 3, 2007)
A. Any person or business entity desiring to obtain an entertainment license or modification shall submit a complete application to the Chief of Police through the office of Community and Economic Development and pay an application fee pursuant to Section
8.09.070.
B. The
application shall be in a form approved by the Chief of Police.
C. The
application shall be filed:
1. At
least 45 days prior to the proposed operation of the entertainment
establishment; or
2. At
least 45 days prior to the expiration of either a cabaret or entertainment
license; or
3. At
any time for a modification.
D. The
application shall state the class of entertainment (Class I, Class
II or Class III) that the entertainment establishment will provide
to patrons.
E. The
entertainment license application shall include five copies of a floor
plan. The floor plan shall be an accurate representation of the floor
plan approved by the city building and fire departments as part of
a formal building permit process. Any changes that have occurred to
the floor plan since the original city building and fire department
approval shall be identified and include a notation identifying the
date the modification was approved by the city if such approval was
required. The floor plan shall show all customer seating areas, performing
stages or platforms, back-of-house areas, restroom facilities, and
any proposed dance areas if applying for a Class II entertainment
license. The floor plan shall clearly state the legal occupant load
as established as part of the formal building permit process, and
all exiting systems of the premises shall be clearly shown. No floor
plan change, occupant load change, or other change of use can be approved
as part of an application process for an entertainment license.
F. The
application for an entertainment license shall include five copies
of the proposed site plan for the entertainment establishment and
the site plan shall be an accurate representation with dimensions
that show the building's footprint, boundary and property lines and
on site parking spaces. Any changes that have occurred to the site
plan since the original city building and fire department approval
shall be identified and include a notation identifying the date the
modification was approved by the city if such approval was required.
G. The
application shall also include a copy of any city land use permits
(e.g., conditional use permit, redevelopment permit, etc.) issued
to the property owner or business entity.
H. The
entertainment license application shall include a detailed security
plan. The security plan should include, but is not limited to, the
following:
1. The
number of security personnel who will be on duty;
2. The
minimum level of acceptable training for security personnel;
3. The
patron screening procedure, if any, prior to admission to entertainment
establishment;
4. Identify
patron access points into the entertainment establishment;
5. Removal
of disorderly or intoxicated patrons from premises; and
6. Dispersal
of patrons from the entertainment establishment, on site parking area
and/or public rights-of-way (e.g., sidewalk or street) within 50 feet
of any entrance to the entertainment establishment.
(Ord. NS-859 § 3, 2007; Ord. CS-351 § 3, 2019)
A nonrefundable fee, as set forth in the City of Carlsbad Master Fee Schedule shall accompany each application for an entertainment license. The entertainment license fee shall be in addition to the business license fee required pursuant to Chapter
5.08 of this code.
(Ord. NS-859 § 3, 2007)
A. Upon completion of an investigation coordinated by the office of economic development, the Chief of Police shall issue the license subject to Section
8.09.090, as applicable, unless it is found that:
1. The
application fee has not been paid.
2. Applicant
is less than 21 years of age.
3. The
application does not conform to the provisions of this chapter.
4. The
applicant has made a material misrepresentation in the application.
5. The
applicant or any of its owners, partners, officers or directors has
had an entertainment license revoked within two years prior to the
date of the pending application.
6. The
proposed entertainment establishment does not comply with all applicable
laws, including, but not limited to: health, zoning, building, and
fire code requirements. Prior to granting a license, the Chief of
Police or designee shall obtain certification from the Fire Chief,
City Planner, and building official that the proposed use is in compliance
with the land use and zoning provisions of the applicable municipal
code provisions and Village and Barrio Master Plan (if applicable),
and that the structures are suitable and safe for the proposed operation
of an entertainment establishment.
B. If the Chief of Police denies the application, the applicant shall be notified of the reasons for the denial in writing within 45 days after receipt of the application. However, failure to notify the applicant within the specified time period shall not constitute a basis for granting the license. An applicant denied an entertainment license has a right to appeal the denial pursuant to Section
8.09.150 of this chapter. If such a hearing is not requested within the prescribed time period, the denial shall be final.
C. If a
conditional use permit, or any other permit or approval, except a
certificate of occupancy, is required for the lawful operation of
an entertainment establishment, the provisions of this chapter shall
be in addition to those other permits and entitlements. An entertainment
license cannot modify the terms of a conditional use permit or any
other permit or approval.
(Ord. NS-859 § 3, 2007; Ord. CS-164 §§ 10, 12,
2011; Ord. CS-333 § 2,
2018; Ord. CS-351 § 4,
2019)
A. All
Class I, Class II and Class III entertainment establishments shall
operate in accordance with the following standards or conditions:
1. Display
of License. The entertainment license shall be displayed on the premises
in a conspicuous place so that law enforcement persons entering may
readily see the entertainment license. A copy of the floor plan approved
with the entertainment license shall be made available at all times
at the request of any law enforcement officer, Fire Marshal or Deputy
Fire Marshal.
2. Hours
of Operation. All entertainment establishments shall otherwise close
and all patrons shall vacate the premises between 2:00 a.m. and 6:00
a.m. unless the entertainment license is conditioned for additional
hours of closure.
3. Noise Restrictions. Noise shall be measured in accordance with Section
8.09.110. Between the hours of 10:00 p.m. and 7:00 a.m. no entertainment establishment may cause, permit or maintain noise at a sound level to the extent that the one-hour average sound level exceeds 65.0 dBA Leq-1m at the property line of the entertainment establishment of which the noise is produced. The noise subject to these limits is that part of the total noise at the specified location that is due solely to the action of said responsible party.
4. Manager
and Service Training. The following persons must complete a responsible
beverage service training course before the entertainment establishment
may provide entertainment:
i. Every manager must complete a responsible beverage service training
course within 90 days of hire, or by January 1, 2008, whichever is
later.
ii. Every person who serves or sells alcoholic beverages for consumption
by patrons on the premises of an entertainment establishment shall
complete a responsible beverage service training course within 90
days of hire, or by January 1, 2008, whichever is later.
iii. Every manager and every person who serves or sells alcoholic beverages
for consumption by patrons on the premises of the entertainment establishment
shall maintain a current responsible beverage service training course
certificate.
iv. A list of all persons employed as managers or persons who serve or
sell alcoholic beverages for consumption by patrons on the premises
of an entertainment establishment shall be maintained on the premises
of the entertainment establishment. The list shall clearly identify
the hire date, the date of each responsible beverage service training
course was completed and the date the current training certificate
will expire for every manager and every person who serves or sells
alcoholic beverages for consumption by patrons on the premises of
the entertainment establishment. The list shall be provided, upon
request, to any police officer for inspection.
5. Maximum
Occupant Load. The maximum number of persons in the entertainment
establishment, other than employees, shall not, at any time, exceed
the maximum occupant load as established by the Fire Marshal or the
city building official.
6. Disturbing
the Peace and Disorderly Conduct. The responsible party shall make
reasonable efforts to prevent the admission of any person, whose conduct
is described in California
Penal Code Section 415 (fighting, loud
noise, offensive words in public places) or PC 647 (disorderly conduct),
inside the entertainment establishment, at any on site parking lot
owned or under the control by the entertainment establishment, or
on any sidewalk used by the entertainment establishment for the entertainment
establishment. The responsible party shall make reasonable efforts
to either call the police for assistance or remove from the entertainment
establishment, parking lot or sidewalk persons exhibiting such conduct.
7. Maintaining
Adequate Right-of-Way. The responsible party shall ensure that patrons
queuing on the public sidewalk do not obstruct the right-of-way or
sidewalk from vehicular or pedestrian access. The minimum clear access
for sidewalks shall be maintained at 44 inches.
8. Orderly
Dispersal. The responsible party shall use reasonable efforts to cause
the orderly dispersal of patrons from the entertainment establishment
at closing time, and shall use reasonable efforts to prevent patrons
from congregating in the entertainment establishment's parking lot
after closing time or permit patrons to congregate in any roadway
or traffic lane within 50 feet of any entrance to the entertainment
establishment.
9. Obey
all federal, state and local laws.
B. In addition to the conditions set forth in subsection
A of this section, the Chief of Police may impose additional conditions in the following areas which shall be based on specific, articulated facts setting forth the necessity for the conditions:
1. The
permissible hours of operation for entertainment.
2. Specific
licensing qualifications and numbers of security personnel to be on
duty during business hours.
(Ord. NS-859 § 3, 2007; Ord. CS-351 § 5, 2019)
In addition to the conditions set forth in Section
8.09.090, the following conditions shall apply to all Class II entertainment establishments:
A. Mandatory
Security Guards. There shall be at least one security guard on duty
at all times the Class II entertainment establishment is allowing
dancing.
B. Designation
of Dance Floor.
1. The
dance floor area shall be plainly marked and designated as the dancing
area.
2. No
dancing shall be permitted outside the designated dancing area.
C. Seating
and Dance Areas. Seating areas shall not be converted to dance areas,
unless the floor plan approved as part of the application process
allows such conversion.
During all hours which dancing is permitted, no portion of the
dancing area shall be used for any purpose other than dancing.
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(Ord. NS-859 § 3, 2007)
The Chief of Police, Fire Marshal, or designee may require the
responsible party to cease all or part of the entertainment establishment's
operations or entertainment and disperse all patrons for a period
of time up to and including the remainder of the entertainment establishment's
daily operating hours whenever conduct by disorderly patrons reaches
a magnitude that presents an immediate threat to the safety and well-being
of the patrons or general public in the vicinity of the entertainment
establishment.
(Ord. NS-859 § 3, 2007)
If any section, subsection, sentence, clause or phrase of the
ordinance codified in this chapter is for any reason held to be invalid
or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
of the ordinance codified in this chapter. The City Council declares
that it would have passed the ordinance codified in this chapter and
each section, subsection, sentence, clause, and phrase hereof, irrespective
of the fact that any one or more of the sections, subsections, sentences,
clauses or phrases hereof be declared invalid or unconstitutional.
(Ord. NS-859 § 3, 2007)