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 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)