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.
"ABC license"
shall mean a license issued by the California Department
of Alcoholic Beverage Control authorizing the sale of alcoholic beverages.
"After-hours"
shall mean operation of an establishment with entertainment
after twelve p.m.
"Ambient or incidental recorded music"
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.
"City"
shall mean the city of Pico Rivera.
"City manager"
shall mean the city manager of the city of Pico Rivera.
"Disorderly conduct"
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.
"Entertainment"
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.
"Entertainment permit"
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.
"Event"
shall mean any activity requiring a permit under the provisions
of this chapter.
"Hearing officer"
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.
"Permittee"
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.
"Premises"
shall mean the location of an entertainment establishment.
"Responsible person"
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.
"Sheriff's department"
shall mean the Los Angeles County sheriff's department or
applicable law enforcement agency.
"Special event"
shall mean entertainment conducted on private property where
all of the following circumstances exist:
1.
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;
2.
The person sponsoring or offering the entertainment is not in
the business of regularly offering entertainment to the public;
3.
Entertainment will only be offered for a limited period of time,
not to exceed five calendar days;
4.
The entertainment is not a recurring or regularly scheduled
event or celebration.
(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)
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)
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)
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)