It is the purpose of this chapter to regulate the operation
of establishments that provide or otherwise allow entertainment for
the public health, safety, and welfare. All permittees will be held
responsible for controlling patron conduct in and around the establishments,
making adequate provisions for security and crowd control, protecting
the city's youth from criminal activity and minimizing disturbances
to neighboring residents and businesses as a result of the operation
of the entertainment.
It is the intent of this chapter to provide options to city
staff and law enforcement in regulating the variety of businesses
and events that provide or otherwise allow entertainment. The city
council of the city of Pico Rivera finds that the imposition of conditions
tailored to the particular establishment will allow the business or
event to flourish while meeting the city's public health and safety
needs.
(Ord. 1104 § 13, 2017)
For the purpose of this chapter, the words, terms, and phrases
shall be defined as set forth herein, unless the context clearly indicates
a different meaning is intended. Words, terms, and phrases used in
this chapter that are not specifically defined shall be construed
according to their context and the customary usage of the language.
shall mean a license issued by the California Department
of Alcoholic Beverage Control authorizing the sale of alcoholic beverages.
shall mean operation of an establishment with entertainment
after twelve p.m.
means pre-recorded music that is subordinate to the other
functions of the establishment, and that is played at a level whereby
a conversation spoken in a normal volume in any portion of the establishment
can be clearly heard from three feet away. "Ambient or incidental
recorded music" does not include any music that is played in conjunction
with any form of live entertainment, or that is played through a portable
speaker system.
shall mean the city of Pico Rivera.
shall mean the city manager of the city of Pico Rivera.
shall mean movement of the human body, accompanied by music
or rhythm.
shall mean any of the following: consumption of alcoholic beverages on public property, public drunkenness, obstruction of the free passage of pedestrians over public sidewalks, obstruction of the free passage of vehicles within the public right-of-way, littering, fighting, excessive noise in violation of Chapter 8.40 of this code, the operation of automobile audio systems in a manner that violates Chapter 8.40 of this code, and any other conduct that constitutes a public nuisance or violation of law.
shall mean 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 to watch, listen or participate, including,
but not limited to, dancing (whether by performers or patrons of the
establishment), live music or other live performances (including concerts,
contests, sporting events, exhibitions, shows, or similar activities),
musical entertainment provided by a disc jockey or karaoke, preset
music playlists, or any similar entertainment activity involving amplified,
or reproduced music.
shall mean any building, structure, or premises upon which
entertainment occurs.
shall mean a permit issued pursuant to the provisions of
this chapter authorizing entertainment to be presented or allowed
at an entertainment establishment and includes Category 1 and Category
2 entertainment permits, whichever is applicable.
shall mean any activity requiring a permit under the provisions
of this chapter.
shall mean the city employee or other representative appointed
by the city manager, or designee, to hear all timely appeals set forth
in this chapter.
shall mean the holder of an entertainment permit and any
persons required to be permitted under the provisions of this chapter,
whether or not such persons are actually so permitted.
shall mean the location of an entertainment establishment.
shall mean the permittee (including any person for whom information was required to be provided for an entertainment permit pursuant to Section 5.45.050), owner, proprietor, manager, assistant manager, or other person exercising control over the operation of an entertainment establishment, whether or not that person is a named permittee.
shall mean the Los Angeles County sheriff's department or
applicable law enforcement agency.
shall mean entertainment conducted on private property where
all of the following circumstances exist:
The premises or location where the entertainment is to be conducted
is not the subject of an existing entertainment permit issued pursuant
to the provisions of this chapter;
The person sponsoring or offering the entertainment is not in
the business of regularly offering entertainment to the public;
Entertainment will only be offered for a limited period of time,
not to exceed five calendar days;
The entertainment is not a recurring or regularly scheduled
event or celebration.
(Ord. 1104 § 13, 2017)
A.
Unless exempted pursuant to Section 5.45.040, it is unlawful for any person or persons, business, or entity to provide, permit, allow, or otherwise suffer any form of entertainment without a current and valid entertainment permit for said form of entertainment, issued in accordance with the provisions of this chapter. An entertainment establishment shall be required to obtain one of the following applicable permits:
1.
Category 1 Entertainment Permit. A business is required to obtain a Category 1 entertainment permit if the business has entertainment, but does not qualify under any of the exemptions listed in Section 5.45.040.
B.
Possessing
a Category 1 or 2 entertainment permit shall not relieve any person
providing or allowing entertainment from complying with all other
applicable laws, any ABC license requirements and regulations, all
land use regulations, including any conditional use permit requirements
or conditions of any applicable conditional use permit, or other land
use entitlement applicable to the entertainment establishment or premises
whereon the entertainment will be presented.
(Ord. 1104 § 13, 2017)
A.
The
following types of entertainment and events are exempt from the entertainment
permit required by this chapter. However, an exemption does not relieve
any person providing or allowing entertainment from complying with
all other applicable laws, including, but not limited to, any ABC
license requirements and regulations, all land use regulations, including
any conditional use permit requirements or conditions of any applicable
conditional use permit, and those regulating occupancy loads, noise
levels, disturbances of the peace, and other public nuisances.
1.
The
presentation of ambient music played on juke box, radio, stereo, music
recording machine, computer, tablet, smart phone, MP3 player, or other
similar device without a DJ, so long as no other entertainment as
defined in this chapter is provided or allowed and there is no fee,
charge, donation, or other compensation required for entry or admission
into the entertainment establishment.
2.
The
presentation of recorded or live sporting events so long as there
is no fee, charge, donation, or other compensation required for entry
or admission into the entertainment establishment.
3.
Entertainment
provided at a bona fide public eating place as defined under Business
and Professions Code Section 23038 that closes no later than eleven
p.m., provided that there is no dancing and there is no fee, charge,
donation, or other compensation required for entry or admission into
the establishment.
4.
Entertainment
provided for those guests individually invited and admitted to a private
event (such as a wedding, reception, recital, or celebration) at a
residence where there is no fee, charge, donation, or other compensation
required for entry or admission into the entertainment establishment.
5.
Performances
by the students at educational institutions as defined by Section
210.3 of the California Education Code where such performances are
part of an educational or instructional curriculum or program.
6.
Instruction of and performances by students at a dance studio, as defined in Chapter 5.04 of this code, so long as no other entertainment as defined in this chapter is provided or allowed and there is no fee, charge, donation, or other compensation required for entry or admission to watch the instruction or student performances.
7.
An
adult-oriented business, as defined in Title 5 of this code, that
has and is operating in accordance with a current and valid adult-oriented
business permit issued pursuant to Title 5.
8.
Entertainment,
excluding dancing, conducted in any establishment or venue with a
maximum occupancy of forty-nine or fewer persons, so long as the actual
occupancy does not exceed forty-nine persons and there is no fee,
charge, donation, or other compensation required for entry or admission
into the entertainment establishment.
9.
Entertainment
sponsored by the city or any agency of the city or entertainment at
or on property owned or leased by the city or any agency of the city.
10.
Entertainment conducted or sponsored by a corporation, organization, bona fide club, society or association that is exempt from taxation pursuant to United States Internal Revenue Code Section 501(c)(3) shall be exempt from the entertainment permit requirements under this chapter. However, such exempt entities shall nevertheless be required to obtain a temporary use permit pursuant to Chapter 18.61 of this code for those events identified under Section 18.61.040(B) and (D).
(Ord. 1104 § 13, 2017)
A.
Any
person wishing to provide or allow entertainment as defined in this
chapter shall file an application with the city manager, or designee,
on forms approved by the city manager, or designee, at least sixty
calendar days prior to the commencement of the offering of such entertainment.
Such application shall, at a minimum, set forth the following information:
1.
The
name (if applicable) and address of the particular place for which
the entertainment permit is desired;
2.
The
name(s), residence(s), business address, and telephone number(s) of
the applicant(s), and, if the applicant(s) is/are a corporation, limited
liability company, general or limited partnership, or any other fictitious
entity, the name(s), residence(s), and telephone number(s) of:
a.
All directors and officers of the corporation or limited liability
company,
b.
All persons who own or hold ten percent or more of an ownership interest
in the corporation or limited liability company,
c.
All persons who are members or managers of the limited liability
company,
d.
All persons who are partners in the general partnership,
e.
All persons who are general partners in the limited partnership;
3.
A
brief description of the business and the proposed opening date and
hours of operation of the entertainment establishment;
4.
A
detailed description of the specific type(s) of proposed entertainment,
and the dates and times when the entertainment will be provided or
allowed;
5.
A
statement as to whether food and/or alcoholic beverages are to be
served or permitted upon the premises, and if so, the type and provisions
for dispensing same for all hours of operation. A copy of the menu
listing the food and/or alcoholic beverages that are served during
all hours of operation will be sufficient for compliance with this
section;
6.
The
maximum occupancy for all areas as approved by the city building official;
7.
The
name and address of the owner of the real property upon which entertainment
is proposed to be provided or allowed;
8.
Written
consent from the owner of the real property authorizing entertainment
on which the entertainment is to be conducted;
9.
The signature, under penalty of perjury, of the applicant and all persons from whom information is required to be provided pursuant to Section 5.45.050; and
10.
Such other information as the city manager, or designee, deems necessary
for the proper processing and review of the site plan, for fulfilling
the goals of this chapter, and/or for the safeguarding of the public
health, safety, and general welfare.
B.
A business requiring a Category 2 entertainment permit under this chapter shall also, in addition to providing the information set forth in subsection A, submit the following:
1.
A
fully-dimensioned, scaled and detailed site plan of the premises where
the entertainment will be provided or allowed. The site plan shall
depict, at a minimum, the following:
a.
The location of primary entrances and exits for patron use;
b.
The location of all emergency exits;
c.
The location and dimensions of any area used for entertainment (including,
but not limited to, stage, dance floor, etc.);
d.
The location and dimensions of any fixed and/or mobile bar(s);
e.
The location and square footage of the alcohol storage area;
f.
The location of all restrooms and dressing rooms;
g.
The location and seating capacity of all areas where tables and/or
chairs will be placed for patron use;
h.
The location of the parking area provided for patrons;
i.
The location of the designated queuing area (interior and exterior,
as applicable), including the location of any stanchions or other
barriers;
j.
The posting locations of any required security guards; and
k.
The location of all security cameras.
2.
For
special or limited duration events, the date or dates, hours, and
location of the proposed entertainment.
3.
A
security plan (subject to the approval of the sheriff's department)
that shall address, at a minimum, the following items:
a.
The name, address, telephone number, and copy of city business license
for who will be providing required security services. If security
services will be provided by a private patrol operator (as defined
by California Business and Professions Code Section 7582.1), information
as to the private patrol operator shall be sufficient and need not
include the name of any individual security guard;
b.
A description and/or photograph of the uniform/clothing to be worn
by the security personnel. Said uniform/clothing shall be approved
by the sheriff's department and shall not resemble a uniform of any
law enforcement agency with jurisdiction in the city;
c.
Procedures for management of queuing lines;
d.
Procedures for counting the number of occupants entering and exiting
the entertainment establishment for purposes of complying with and
enforcing approved occupancy limits;
e.
The method for establishing a reasonable ratio of employees to patrons,
based upon activity level, in order to ensure adequate staffing levels
to monitor beverage sales and patron behavior;
f.
Procedures for verifying the age of patrons for purposes of alcohol
sales;
g.
Procedures for ensuring that servers monitor patrons to ensure that
drinking limit/potential intoxication is not exceeded. This procedure
should include a description of the procedure the server would use
to warn, or refuse to serve, the patron;
h.
Procedures for handling obviously intoxicated persons;
i.
Procedures for the provision of alternate transportation services
to patrons. This may include procedures for access to a telephone,
the provision of a list of taxi services, or other service that will
ensure the safe travel of any patron, particularly those who are intoxicated,
in leaving the entertainment establishment;
j.
Procedures for handling patrons involved in fighting, arguing, disruptive
behavior, or loitering about the entertainment establishment and/or
the immediate adjacent area that is owned, leased, rented, or used
under agreement by the permittee;
k.
Procedures for contacting the sheriff's department regarding observed
or reported criminal activity; and
l.
Such other information as the sheriff's department deems necessary
for the proper processing and review of the security plan, for fulfilling
the goals of this chapter, and/or for the safeguarding of the public
health, safety, and general welfare.
4.
The
proposed security arrangements for the safety and control of patrons
(including within all adjacent rights-of-way and parking areas).
5.
The
name or names of the person or persons managing or supervising the
proposed entertainment, or any business or premises wherein the entertainment
is proposed to be located.
6.
Whether
the applicant and/or any person for whom information is required to
be provided pursuant to this section has ever had a permit for the
same or any similar business denied, suspended, or revoked anywhere,
and, if so, the circumstances, time and place of such denial, suspension,
and/or revocation. The denial, suspension, revocation, or cancellation
of any ABC license shall be considered as included for purposes of
this section.
7.
Whether
the applicant and/or any person for whom information is required to
be provided pursuant to this section has ever been convicted of a
misdemeanor or felony and, if so, the details of such conviction.
8.
The
applicant and all persons for whom information was required to be
provided pursuant to this section shall submit a complete set of fingerprints
to the city manager, or designee, in a manner and form approved by
the city manager, or designee. Any fees for the fingerprints shall
be paid by the applicant.
C.
Any
application submitted pursuant to this section shall be accompanied
by the appropriate non-refundable fee as established (and modified
from time to time) by resolution of the city council.
(Ord. 1104 § 13, 2017)
A.
Determination of Completeness. The city manager, or designee, shall, within fifteen calendar days, review the submission of any application for a Category 1 or Category 2 entertainment permit and supporting documents to determine if the application contains all of the requisite information set forth in Section 5.45.050. Any application that is missing information required pursuant to Section 5.45.050 or that is not accompanied by the requisite fee(s) shall be deemed incomplete and shall not be processed by the city manager, or designee. In such case, the city manager, or designee, shall issue a notice of incompleteness to the applicant specifying the information that is missing resulting in the incomplete application.
B.
Investigation.
Upon receipt of a complete entertainment permit application (and requisite
fees), the city manager, or designee, shall conduct a thorough investigation
of the application. The city manager, or designee, may request supplemental
investigation, information, reports, and/or recommendations pertaining
to relevant zoning, building, health, safety, fire, law enforcement,
or other factors from any appropriate department of the city or other
appropriate agency.
Among other things, the city manager, or designee, shall check
local and state summary criminal history information, and certify
whether disqualifying criminal history has been discovered. Accordingly,
pursuant to Penal Code Sections 11105 and 13300, the city council
explicitly authorizes the city manager, or designee, to obtain such
information as it relates to disqualifying convictions or conduct
related to the crimes and offenses described in this chapter.
C.
Approval. The city manager, or designee, shall, within sixty calendar days of the submission of a completed application for an entertainment permit (including payment of applicable fees), approve the issuance of an entertainment permit, subject to the conditions set forth in Section 5.45.070, unless the city manager, or designee, determines any of the following:
1.
Other
approvals, permits, licenses, or inspections are required for the
activities at the subject premises or real property for which the
permit is sought and the applicant and/or owner of the subject real
property have not yet acquired same.
2.
The
issuance of the permit and conduct of the entertainment at the proposed
location is inconsistent with federal, state, and/or local laws, rules,
regulations, and/or any existing permit or land-use entitlement.
3.
That
issuance of the permit at the proposed location will constitute an
undue burden on the neighborhood because of its proximity to residences,
inadequate parking, or other neighborhood circumstances and, irrespective
of reasonable conditions that could be imposed thereon, will otherwise
interfere with the reasonable use and enjoyment of the neighborhood
by its residents and guests.
4.
The applicant or any other person for whom information is required to be provided pursuant to Section 5.45.050 has, within the past seven years, been convicted of or pled nolo contendere to any felony or of any misdemeanor crime involving moral turpitude or which is substantially related to the qualifications, functions, or duties of a proprietor, manager, or other responsible person for an entertainment establishment.
5.
The applicant or any other person for whom information is required to be provided pursuant to Section 5.45.050 has a history of committing, permitting, or failing to prevent significant violations of federal, state, or local law, or of any terms or conditions contained in a license or permit, including, but not limited to, ABC license(s), conditional use permit(s), other special permit(s), or any other land-use entitlement(s), in connection with an entertainment establishment or any business for which the applicant is/was an owner, operator, or otherwise responsible person.
6.
Based upon the information before the city manager, or designee, the applicant or any other person for whom information is required to be provided pursuant to Section 5.45.050, has knowingly provided false or misleading information, or has otherwise omitted information in the application or in any amendment or report required to be made under this chapter.
7.
The applicant or any other person for whom information is required to be provided pursuant to Section 5.45.050 has had an entertainment permit denied or revoked within the twenty-four months preceding the current application in the city of Pico Rivera or in any other jurisdiction.
8.
The applicant or any other person for whom information is required to be provided pursuant to Section 5.45.050 owes the city a fee authorized by Section 5.45.050(B) or an administrative penalty resulting from a violation of any provision of this chapter or of a condition of any entertainment permit issued pursuant to this chapter.
9.
The
application is otherwise incomplete.
D.
Denial. In the event the city manager, or designee, does not approve an entertainment permit, the city manager, or designee, shall issue a written notice of denial to the applicant to notify the applicant of the denial and the reasons therefor within sixty calendar days of the submission of a completed application for an entertainment permit (including payment of applicable fees). The notice of denial shall also advise the applicant of the applicant's appeal rights (including method and timeline for requesting an appeal) as set forth in Section 5.45.110.
(Ord. 1104 § 13, 2017)
A.
Entertainment
permits shall be subject to conditions in order to ensure compliance
with this chapter, applicable federal, state, and local law, and otherwise
to protect the public health, safety, and welfare.
B.
If the applicant or any person for whom information was required to be provided pursuant to Sections 5.45.050 has been issued an ABC license, conditional use permit, other special permit, or land-use entitlement applicable to the entertainment establishment or the entertainment sought to be provided or allowed, conditions placed thereon shall constitute conditions of the entertainment permit issued under authority of this chapter. The city manager, or designee, may require an applicant for an entertainment permit to demonstrate compliance with applicable conditions of existing ABC license, conditional use permit(s), other special permit(s), and/or land-use entitlement(s) prior to the issuance of the entertainment permit or may issue the permit conditioned on the applicant obtaining any other additional necessary special permit or other city, county, or state approval.
C.
The operating standards set forth in Section 5.45.150 shall constitute conditions of any entertainment permit issued pursuant to the provisions of this chapter.
D.
The
city manager, or designee, may, based upon specific and articulable
facts reasonably related to insuring the public health, safety, and
welfare, impose conditions upon an entertainment permit (including
the security plan) relating to the operation of the entertainment
establishment including, but not limited to:
1.
The
days, hours and locations of operation.
2.
Restrictions
designed to prevent minors from obtaining alcoholic beverages, such
as separate entrances, exits, and restroom facilities on the premises.
3.
The
number and age of persons allowed on the premises.
4.
Whether
licensed additional security guards are required, and if so, how many.
5.
Specific
measures the permittee must undertake to control the conduct of patrons
so as to prevent or minimize disorderly conduct within the entertainment
establishment, parking areas, and adjacent public rights-of-way.
6.
Specific
measures the permittee must undertake to remove trash attributable
to the establishment or its patrons in and around the entertainment
establishment, the surrounding neighborhood, and the adjacent public
rights-of-way.
7.
Specific
measures the permittee must undertake to prevent the entertainment
and its patrons from disturbing the peace and quiet of the surrounding
neighborhood.
8.
Specific
measures the permittee must undertake to prevent its patrons from
engaging in disorderly conduct in the surrounding neighborhood.
9.
Whether
the city manager, or designee, must receive advance notice of the
date of a particular event if that event is not held as part of the
regularly scheduled events of the business.
10.
Other matters related to the public health, safety, and welfare.
E.
As a condition of approval, an applicant shall be required to indemnify the city, its officers, employees, agents, and commissioners as required under Section 5.45.160 of this chapter.
F.
Nothing
in this section shall be construed to limit the authority of the city
manager, or designee, to place conditions upon the permit that are
more restrictive than the conditions of any applicable conditional
use permit, special permit, or land-use entitlement, or of any applicable
operating standard.
G.
No condition
may be imposed upon any entertainment permit that conflicts with federal,
state or local law, or that conflicts with the permittee's ABC license;
however, nothing in this section is intended to prevent the city manager,
or designee, from imposing any condition related to the age of patrons
inside an entertainment establishment with an ABC license if the ABC
license does not address that issue. The intent of this section is
to allow the sale and service of food to minors in a bona fide eating
establishment (ABC license types 41, 47, and various club licensed
premises) with reasonable conditions imposed to prevent curfew violations
and to protect minors from alcohol and other criminal activity.
H.
Conditions
shall be listed on, or attached to, the entertainment permit.
(Ord. 1104 § 13, 2017)
Entertainment permits issued pursuant to this chapter are valid for a period of one year from the date of issuance. Entertainment permits are not automatically renewed and it shall be the responsibility of the permittee to renew an entertainment permit in accordance with Section 5.45.130. Notwithstanding the foregoing, an entertainment permit issued for a special event is valid for the term stated in the permit, but in no event for a period greater than one year from the date of issuance.
(Ord. 1104 § 13, 2017)
No person shall assign or transfer any entertainment permit
issued pursuant to this chapter, and any attempt to assign or transfer
any entertainment permit issued pursuant to this chapter shall render
the entertainment permit null-and-void and shall be immediately surrendered
to the city manager, or designee.
(Ord. 1104 § 13, 2017)
A.
General.
The city manager, or designee, may modify the conditions of an entertainment
permit, require the holder of a Category 1 entertainment permit to
obtain a Category 2 entertainment permit, or suspend or revoke any
entertainment permit issued pursuant to this chapter if the city manager,
or designee, makes any of the following findings and/or determinations:
1.
There exists any ground for denial of the entertainment permit pursuant to Section 5.45.060 of this chapter;
2.
The
permittee or other responsible person has knowingly made any false,
misleading, or fraudulent statement of material fact or has knowingly
omitted a material fact in the application for the entertainment permit
or any report or records required to be filed by law;
3.
Entertainment
has been conducted at the entertainment establishment in a manner
contrary to the entertainment permit or conditions thereof;
4.
The
permittee or other responsible person has failed to comply with one
or more conditions of the permit, or any other entitlement granted
by the city or other government agency (including any conditions of
an ABC license or conditional use permit);
5.
The
permittee or other responsible person has violated or is violating
any ordinance, law, rule, or regulation of the city, county of Los
Angeles, state of California, or the United States of America, in
the course of exercising any rights under the entertainment permit;
6.
The
permittee or other responsible person has operated an entertainment
establishment or otherwise caused or allowed entertainment in violation
of any notice of denial, order of suspension, or order of revocation
issued pursuant to this chapter or allowed or caused an entertainment
establishment to operate in violation of laws or regulations of any
other jurisdiction;
7.
The
permittee or other responsible person has been held liable for, or
has been convicted of, any offense involving the maintenance of a
nuisance in the city of Pico Rivera or in any other jurisdiction;
and/or
8.
The
continued operation under the entertainment permit (and any applicable
conditions) would endanger, disrupt, or otherwise be detrimental to
the public peace, health, safety, morals, or general welfare of the
city, its residents or guests, and/or the general public, or would
otherwise constitute a public nuisance.
B.
Order
of Modification, Suspension, and/or Revocation. Where the city manager,
or designee, has determined that the conditions of an entertainment
permit shall be modified or that an entertainment permit shall be
suspended or revoked, the city manager, or designee, shall provide
written notice of the decision to the permittee.
1.
Order
of Modification. The city manager, or designee, shall serve a written
order of modification upon the permittee stating the grounds for the
modification, the specific modifications being imposed upon the entertainment
permit, the effective date of the modified conditions, and the permittee's
appeal rights (including method and timeline for requesting an appeal).
2.
Order
of Suspension. The city manager, or designee, shall serve a written
order of suspension upon the permittee stating the grounds for the
suspension, the length of the suspension, the effective date of the
suspension, and the permittee's appeal rights (including method and
timeline for requesting an appeal). An entertainment permit may be
suspended for a period not to exceed thirty calendar days per violation,
and no more than ninety calendar days per suspension.
3.
Order
of Revocation. The city manager, or designee, shall serve a written
order of revocation upon the permittee stating the grounds for the
revocation, the effective date of the revocation, and the permittee's
appeal rights (including method and timeline for requesting an appeal).
C.
Effective
Date of Modification, Suspension, and/or Revocation.
1.
General. Except as provided in subsection (C)(2), any order of modification, suspension, or revocation issued pursuant to the provisions of this section shall become effective, and the permittee shall adhere to such order, after the expiration of ten calendar days following service of the order of modification, suspension, and/or revocation. Every person to whom a permit has been issued under this chapter shall immediately surrender his or her permit to the city manager, or designee, upon the effective date of its revocation.
2.
Summary Modification, Suspension, or Revocation. The city manager, or designee, may summarily and immediately modify, suspend, or revoke an entertainment permit issued pursuant to the provisions of this chapter if the city manager, or designee, determines that any ground for modification, suspension, or revocation set forth in subsection A exists to the extent or degree that it creates an imminent peril or threat to the public health, safety, or welfare of the patrons, guests, or general public. Notwithstanding the provisions of subsection (C)(1), any modification, suspension, or revocation pursuant to this section shall be effective immediately, however, a written order of modification, suspension, and/or revocation as set forth in subsection B shall be served upon the permittee within three business days of the summary action.
a.
Where the city manager, or designee, has taken summary action pursuant to subsection (C)(2), the city manager, or designee, may also require the immediate closure of the entertainment establishment and dispersal of all patrons for the remainder of that day's operations.
(Ord. 1104 § 13, 2017)
A.
Request for Appeal. Any applicant for an entertainment permit that has received a notice of denial, any permittee that has received an entertainment permit subject to conditions of approval pursuant to Section 5.45.070, except those imposed by Section 5.45.070(B) and (C), and any permittee that has received an order of modification, suspension, and/or revocation of an entertainment permit pursuant to the provisions of this chapter may appeal said notice or order by filing a request for an appeal with the city clerk, and tendering a filing and processing fee as set by resolution of the city council, within ten calendar days of service of the notice, order, or conditions of approval. The request for an appeal must be made in writing and must contain, at a minimum, the following information:
1.
The
name of all appellants and the address of the applicable entertainment
establishment where the appellant was authorized (or was seeking to
be authorized) to provide or allow entertainment pursuant to the entertainment
permit (or entertainment permit application) subject to the notice
or order;
2.
The
date of the imposition of conditions, or of denial, modification,
suspension, or revocation by the city manager, or designee;
3.
A
statement as to all grounds for appeal in sufficient detail to enable
a hearing officer to understand the nature of the controversy, however,
a permittee may only appeal a summary modification, suspension, or
revocation based upon the grounds for the modification, suspension,
or revocation and not the determination that such grounds existed
to the extent or degree that it creates an imminent peril or threat
to the public health, safety, or welfare of the patrons, guests, or
general public;
4.
The
signature of each appellant under penalty of perjury as to the contents
of the request for appeal.
B.
Timely
Appeal. Failure of the city clerk to receive a timely appeal and payment
of the appeal fee(s) constitutes a waiver of the right to contest
the imposition of conditions, a notice of denial or order of modification,
suspension, and/or revocation, and such conditions, notice and/or
order shall be deemed final and binding.
C.
Stay of Modification, Suspension, and/or Revocation. Where a request for an appeal has been timely filed (and all fees therefor timely tendered), any modification, suspension, or revocation of an entertainment permit imposed pursuant to Section 5.45.100(A) and (B) shall be stayed pending the resolution of the appeal by the hearing officer pursuant to the provisions of this chapter. However, the filing of an appeal shall not stay any summary modification, suspension, or revocation of an entertainment permit imposed pursuant to Section 5.45.100(C)(2).
D.
Timing
of Hearing. Upon timely receipt of a request for an appeal and applicable
fees, the city clerk shall set this matter for consideration before
the hearing officer no later than thirty calendar days from receipt
of the request and payment of applicable fees. The city clerk shall
issue written notice to the appellant(s) of the date, time, and location
of the appeal hearing at least ten calendar days prior to the hearing.
Notwithstanding the foregoing, if the request for an appeal
seeks to challenge a summary modification, suspension, or revocation
of an entertainment permit, the city clerk shall set the matter for
consideration before the hearing officer no later than ten business
days from receipt of the request and payment of applicable fees. The
city clerk shall issue written notice to the appellant(s) of the date,
time and location of the appeal hearing at least five calendar days
prior to the hearing.
E.
Continuing
an Appeal. Any request by an appellant to continue an appeal hearing
must be submitted to the city clerk in writing no later than two business
days before the date scheduled for the hearing. The hearing officer
may continue a hearing for good cause or on his or her own motion;
however, in no event may the hearing be continued for more than thirty
calendar days without stipulation by all parties.
Notwithstanding the foregoing, if the appeal seeks to challenge
a summary modification, suspension, or revocation of an entertainment
permit, the hearing officer may not continue the hearing on his or
her own motion for more than five business days without stipulation
by all parties.
F.
Appeal
Hearing. Appeal hearings conducted pursuant to the provisions of this
chapter shall comply with the following:
1.
The
appeal hearing shall proceed solely on those issues or defenses raised
in the request for an appeal filed by the appellant(s), and all matters
not contested in said request shall be deemed admitted into evidence;
2.
The
city manager, or designee, shall have the burden to establish the
grounds for the imposition of conditions, denial, modification, suspension,
or revocation that has been contested by the appellant by a preponderance
of the evidence. The notice of denial and/or the orders of modification,
suspension, and/or revocation (and all documents or reports relied
upon and/or prepared in relation to the notice or order) shall be
admitted into evidence and shall constitute prima facie evidence of
the grounds for the imposition of conditions, denial, modification,
suspension, or revocation. The city manager, or designee, will have
the right to present additional written and/or oral evidence in support
of the imposition of conditions, denial, modification, suspension,
and/or revocation subject to the appeal;
3.
The
appellant(s) may appear at the hearing in person or by written declaration
executed under penalty of perjury. Said declaration and any documents
in support thereof shall be tendered to and received by the office
of the city clerk at least three business days prior to the hearing.
If the appellant(s) elects to appear at the hearing by written declaration,
the city manager, or designee, shall not be required to attend or
participate at the hearing, and may instead submit a written response
to the hearing officer to be considered at the time of the hearing;
4.
The
appellant, if present at the hearing, shall be given an opportunity
to testify and to present written and/or oral evidence relating to
the matters raised in the appellant's request for an appeal, and shall
have the right to examine and cross-examine any documents and witnesses
presented by the city manager, or designee, in support of the imposition
of conditions, denial, modification, suspension, and/or revocation
subject to the appeal. The city manager, or designee, will also have
the right to examine and cross-examine any documents and witnesses
presented by the appellant(s). The hearing officer may question any
person who presents evidence or who testifies at any hearing;
5.
The
city, at its discretion, may record the hearing by stenographer or
court reporter, audio recording, or video recording;
6.
If
the appellant(s) fails to appear, or to otherwise submit a written
declaration or any admissible evidence contesting the existence of
all grounds for the imposition of conditions, denial, modification,
suspension, or revocation subject to the appeal, the hearing officer
shall cancel the hearing and send a notice thereof to the appellant(s)
by first class mail to the address(es) stated on the appeal form.
A cancellation of a hearing due to non-appearance of the appellant
shall constitute the appellant's waiver of the right to appeal. In
such instances, the initial conditions of approval, notice, or order
are deemed final and binding;
7.
The
decision of the hearing officer shall be final, and the applicant
or permittee may seek judicial review of the hearing officer's decision
in accordance with Code of Civil Procedure Section 1094.8 or as otherwise
permitted by law. The applicant or permittee shall be so notified
in the Hearing Officer's notice of decision. If the applicant or permittee
provides written notification to the city of his or her intent to
seek judicial review under Code of Civil Procedure Section 1094.8,
the city attorney shall, in accordance with Code of Civil Procedure
Section 1094.8(d)(1), prepare, certify and make available the administrative
record to the applicant or permittee within five working days of receipt
of such written notification or as such term may be modified from
time to time by the state.
(Ord. 1104 § 13, 2017)
If an application for an entertainment permit is denied or revoked by the city manager, or designee, pursuant to the provisions of this chapter, no application for an entertainment permit at the same premises or submitted by the same applicant or any person for whom information was required to be provided for the denied or revoked entertainment permit pursuant to Section 5.45.050 shall be considered by the city manager, or designee, for a period of twenty-four months from the date of denial or revocation.
Notwithstanding the foregoing, the city manager, or designee,
may consider an application for an entertainment permit in less than
the stated period (but not sooner than twelve months) if the application
is accompanied by evidence that the ground or grounds for denial of
the previous application no longer exist. This exception does not
apply to permits that have been revoked.
(Ord. 1104 § 13, 2017)
A.
Renewal.
A permittee may apply to renew an entertainment permit by submitting
to the city manager, or designee, at least sixty calendar days prior
to the expiration of the permittee's current and valid entertainment
permit, a completed application to renew the permit on a city-approved
form and a non-refundable renewal fee in an amount set by resolution
of the city council.
1.
If
a timely and complete application for renewal is filed, the expiration
of the current entertainment permit shall be stayed until a decision
on the renewal application is issued.
2.
Any
permit application submitted less than sixty calendar days prior to
the expiration of the permittee's current and valid entertainment
permit shall be deemed an application for a new permit and shall be
subject to applicable fees for a new permit and shall not stay the
expiration of the current entertainment permit.
B.
Appeal.
The decision of the city manager, or designee, to deny the renewal
of an entertainment permit or to add, delete, or modify the permit
conditions may be appealed in the same manner and within the same
limits as a decision upon an initial application for an entertainment
permit.
1.
If
a timely appeal is filed (and all fees therefor timely tendered) and
the permittee applied to renew an entertainment permit at least sixty
calendar days prior to the expiration of the permittee's current and
valid entertainment permit, the expiration of the current entertainment
permit shall be stayed pending the resolution of the appeal.
2.
The filing of an appeal shall not stay any summary modification, suspension, or revocation of an entertainment permit imposed pursuant to Section 5.45.100(C)(2).
(Ord. 1104 § 13, 2017)
Except as otherwise expressly required by a provision of this chapter, any notice or order required by this chapter may be served upon any responsible person by personal delivery or by first class mail. The date of service shall be the date it is personally delivered or placed in a U.S. Postal Service receptacle. Notwithstanding the foregoing, any order of suspension or order of revocation shall, in addition to being served upon a responsible party in accordance with Section 5.45.100, shall also be posted at or upon the main entry of the entertainment establishment subject to the order.
Except as otherwise expressly required by a provision of this
chapter, any notice or order issued by mail to a responsible person
shall be sent to the mailing address listed on the application for
an entertainment permit or a request for an appeal (or any other address
provided by the responsible person for purposes of receiving mail).
Failure of any responsible person to receive a properly addressed
notice by mail shall not invalidate any action or proceeding pursuant
to this chapter.
(Ord. 1104 § 13, 2017)
All entertainment establishments shall strictly adhere to the
following operating standards.
A.
Hours
of Operation. Except as otherwise provided in an approved entertainment
permit, all entertainment establishments shall be closed and all patrons
shall vacate the premises between two a.m. and six a.m.
Except as otherwise provided in an approved entertainment permit,
all live entertainment at an entertainment establishment shall cease
at least thirty minutes prior to the scheduled closing time for the
establishment.
B.
Posting
and Exhibition of Entertainment Permit. The permittee holding an entertainment
permit shall keep a copy of the entertainment permit (along with all
applicable conditions thereon) posted in a conspicuous location at
the entertainment establishment named in the entertainment permit.
Any entertainment permit issued pursuant to this chapter shall
be kept in a readily accessible place and shown upon request to any
city official responsible for enforcing the provisions of this chapter
or any other provision of this code.
C.
Security.
Unless otherwise stated below, an entertainment establishment requiring
either a Category 1 or Category 2 entertainment permit shall comply
with the following security related operational standards:
1.
Security
Guards. Based upon the type and nature of the entertainment activities
anticipated at the location, the city manager may require uniformed,
state-licensed security guards, at owner's expense, on the premises
of an entertainment establishment until all activity at the entertainment
establishment has ceased and all patrons have cleared the establishment
and parking area.
2.
Notwithstanding
any other provision of law, no responsible person shall cause, allow,
permit, or suffer any security personnel to, and no security personnel
shall, be in possession of any firearm while on duty at the entertainment
establishment.
3.
Each
responsible person (including security personnel) shall use reasonable
efforts to cause the orderly dispersal of individuals in the vicinity
of the entertainment establishment (including the parking area and
rights-of-way adjacent to the establishment) at closing time, and
shall not allow individuals to congregate within fifty feet of the
establishment in a disorderly fashion.
4.
If
required by the city manager or designee, each entertainment establishment
providing parking lot attendants shall require the parking lot attendant
wear a reflective vest or other clothing/uniform approved by the city
manager, or designee, to monitor activities commencing at least thirty
minutes prior to scheduled entertainment and lasting until all activity
at the entertainment establishment has ceased and all patrons have
cleared the establishment and parking area.
5.
No
responsible person shall cause, allow, permit, or suffer, and no security
personnel shall, sit at the bar, consume alcoholic beverages or any
controlled substance, be under the influence of alcoholic beverages
or any controlled substance, or engage in any other violations of
law while on duty at the entertainment establishment.
6.
Each entertainment establishment shall install, use, and maintain in good working condition a video security system capable of viewing and recording events at the entertainment establishment as approved by the city manager, or designee. The video security system must be clearly identified and approved within the security plan submitted in accordance with Section 5.45.050. The video security system shall be on and operating at all times during business hours and until all activity at the entertainment establishment has ceased and all patrons have cleared the establishment and parking area. The video security system shall be of such to provide images of such a resolution as to clearly identify individuals for later identification.
a.
The entertainment establishment shall ensure that at least one employee
or other person is present on the premises during normal business
hours with the necessary knowledge and skill to operate the video
security system so that he or she is able to provide the sheriff's
department copies of video recordings immediately upon request.
b.
Responsible persons shall preserve the video security system's recorded
information of each business day for a period of not less than ten
business days thereafter for the sheriff's department's review in
connection with a criminal or other investigation.
D.
Queues.
Queuing lines shall be managed in an orderly manner and all disruptive
and intoxicated persons shall be denied entry. Any queue located on
the exterior of a building shall not obstruct the entry or exit doors
of adjacent businesses and residences, and shall be located in such
a manner that the adjacent sidewalk has at least three feet of unobstructed
clearance. All requisite city approvals and permits shall be obtained
prior to placing or using any stanchions, rope, balusters, or similar
barriers for queues.
E.
Alcoholic
Beverages on Premises. No person shall cause, allow, permit, or suffer
any alcoholic beverage at an entertainment establishment unless otherwise
authorized pursuant to and in compliance with a current and valid
ABC license (unless otherwise exempt from such license). All responsible
persons for the entertainment establishment shall be responsible for
verifying the age of those persons desiring to purchase and/or consume
alcoholic beverages at the establishment in order to ensure compliance
with state law restricting the age of the sale and consumption of
alcohol to those twenty-one years of age and older. This verification
process may include such techniques as the manual checking of identification
by a trained employee, the use of an identification scanner or similar
device, or other method as approved in the security plan.
F.
Nuisances.
Responsible persons shall not cause, allow, permit, or suffer any
nuisance condition at the entertainment establishment, parking area,
or adjacent public right-of-way. Such nuisances include, but are not
limited to, disorderly conduct, disturbances of the peace, public
drunkenness, consumption of alcohol in public, harassment of passersby,
gambling, prostitution, loitering, public urination, lewd conduct,
and possession, use, or sales of controlled substances.
G.
Graffiti.
Any graffiti painted or marked upon the premises of an entertainment
establishment or any adjacent area under the ownership, possession,
or control of the responsible person for the entertainment establishment
shall be removed or painted over within twenty-four hours of its application.
H.
The premises shall not be operated as an adult-oriented business as defined in Chapter 5.22 of this code.
I.
There
shall be no public telephones located on the exterior of the premises
of an entertainment establishment. All interior pay phones shall be
designed to allow outgoing calls only.
J.
Maximum
Occupancy. A sign indicating the maximum occupancy as approved by
the city shall be posted as directed by the city building official.
No responsible person shall cause, allow, permit, or suffer any person
to enter or remain in the entertainment establishment (or any area
thereof) in excess of the approved maximum occupancy.
K.
Reporting
Requirement. Responsible persons shall notify the city manager, or
designee, in writing, within five calendar days of:
1.
Any
enforcement action either proposed or actually taken by Alcohol Beverage
Control against the entertainment establishment or any responsible
person in connection with the entertainment establishment. As used
herein, "enforcement action" includes, but is not limited to, the
issuance of any "309 Letters," the issuance of a criminal citation
to an officer/member, employee, or agent of the responsible persons
for alleged violations of law at the entertainment establishment,
as well as the initiation of an administrative or civil action against
the entertainment establishment or responsible persons for alleged
violations of law at the entertainment establishment. "Violations
of law" as used herein includes failures to comply with regulations
that govern liquor licenses and the premises for which they are issued;
2.
Any
conditions at the entertainment establishment that substantially affect
the public safety which the responsible persons (including any manager
and security personnel) know or reasonably should know exist at the
time of occurrence;
3.
Any
incidents of disorderly conduct, including any possession, use, or
sale of controlled substances, that have been brought to the attention
of responsible persons, or that otherwise the responsible persons
know or reasonably should know to have occurred at the entertainment
establishment.
L.
Responsible
persons shall provide consent for and access by any person responsible
for the enforcement of the provisions of this chapter or any other
provision of this code to enter any portion of the entertainment establishment,
without charge, at any time during normal business hours or during
which any operations are occurring at the entertainment establishment
in order to verify compliance with any entertainment permit (including
an approved security plan and ABC license), the provisions of this
chapter or any other portion of this code, or any other applicable
law or regulation.
M.
A permittee
and all responsible persons shall fully cooperate with any investigation
conducted in order to verify compliance with any entertainment permit
(including an approved security plan and ABC license), conditional
use permit, the provisions of this chapter or any other portion of
this code, or any other applicable law or regulation. Cooperation
shall include, but shall not be limited to, allowing investigators
the immediate opportunity upon request to review any video, writing,
or other record required pursuant to the provisions of an entertainment
permit or other applicable license or permit, this chapter, or any
other provision of law, and providing a copy of said video, writing,
or other record within seventy-two hours.
N.
A permittee
and responsible persons shall be responsible for all activities occurring
on the premises of an entertainment establishment (including parking
areas), including those conducted by employees, managers, event promoters,
and other persons acting for the benefit of the entertainment establishment,
as well as by the patrons.
(Ord. 1104 § 13, 2017)
Permittees and all responsible persons shall indemnify and hold
the city, its officers, employees, agents, and commissioners harmless
from any and all losses, claims, actions or damages suffered by any
person or persons by reason of or resulting from any negligence of
the permittee or its agents, employees, or patrons or on account of
any act or omission of the permittee in its exercise of its entertainment
permit or use of any premises in connection with such permit. In the
event any suit or action is brought against the city, the permittee
and all responsible persons shall, upon notice of the commencement
thereof, defend the same, at no cost or expense to the city, and promptly
satisfy any final judgment adverse to the city or to the city and
the permittee jointly; provided, that in the event the city determines
that one or more principles of governmental or public law are involved,
the city retains the right to participate in such action. The above
liability shall not be diminished by the fact, if it be a fact, that
any such death, injury, damage, loss, cost or expense may have been,
or may be alleged to have been, contributed to by the negligence of
the city or its officers, employees, or agents; provided, however,
that nothing contained in this section shall be construed as requiring
the permittee to indemnify the city against liability for damages
arising out of bodily injury to persons or damage to property caused
by or resulting from the sole negligence of the city, or its officers,
employees, or agents.
(Ord. 1104 § 13, 2017)
Unless an earlier expiration date is specified in the terms or conditions of the permit itself, any permit issued for entertainment in the city before the effective date of the ordinance codified in this chapter shall be valid for one year from the effective date of the ordinance codified in this chapter and shall terminate thereafter. Notwithstanding any other provisions of this chapter, all permits issued for entertainment in the city before the effective date of the ordinance codified in this chapter shall be subject to suspension, modification, or revocation pursuant to the provisions of Section 5.45.100.
(Ord. 1104 § 13, 2017)
A.
Any person who violates any provision of this chapter, or fails to comply with any obligation or requirement of this chapter, or who fails to comply with any order or notice issued pursuant to the provisions of this chapter, is guilty of a misdemeanor offense punishable in accordance with Chapter 1.20.010 of Title 1 of this code.
B.
Any person who defaces, alters, or removes any notice or order posted as required in this chapter is guilty of a misdemeanor offense punishable in accordance with Chapter 1.20.010 of Title 1 of this code.
C.
Nothing in this chapter shall prevent the city attorney or city prosecutor from prosecuting a violation of this chapter as an infraction, at his or her discretion, as set forth in Chapter 1.20.010 of Title 1 of this code.
D.
Nothing
in this chapter shall prevent the city attorney or city prosecutor
from bringing a civil action, at his or her discretion, to seek the
abatement of any violation of this code or any nuisance activity at
an entertainment establishment.
F.
Each
person shall be guilty of a separate offense for each and every day,
or part thereof, during which a violation of this chapter, or of any
law or regulation referenced herein, is allowed, committed, continued,
maintained or permitted by such person, and shall be punishable accordingly.
G.
Public
Nuisance. In addition to the penalties provided by this chapter, any
condition or activity caused or permitted to exist in violation of
any provision, restriction, or requirement of this chapter or any
notice, order, or permit issued pursuant to this chapter, shall be
deemed a public nuisance and may be summarily abated by the city by
any and all means (civil, administrative, and/or equitable) as provided
by law or in equity.
(Ord. 1104 § 13, 2017)
Unless otherwise expressly provided, the remedies, procedures,
and penalties provided by this chapter are cumulative to each other
and to any others available under city, state, or federal law.
(Ord. 1104 § 13, 2017)
