This article shall be known as the "Entertainment Permit Regulations" of the City.
(§ 1, Ord. 1611, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
The purposes of this article are to set forth rules and regulations governing entertainment at certain premises within the City, to require permits therefor, and to provide punishment for the violation of the provisions of this article.
(§ 1.1, Ord. 1611, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
shall mean a person who, or a firm or corporation which, files an application for a new or renewal permit as provided in this article.
shall mean a live show, performance, play, revue, pantomime, style show, scene, dance act, or song and dance act participated in by one or more persons.
shall mean any person who, or any firm or corporation which, shall be granted a permit as provided in this article and the agents and representatives of such person, firm, or corporation.
(§ 2, Ord. 1611, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
(a)
Required. It shall be unlawful for any person conducting, operating, or in control of any public premises or private club within the City to allow any entertainment, excluding dancing, which is regulated by the provisions of Article 12 of this chapter, upon the premises or in or upon any adjoining room or premises unless there has been granted to such person a valid permit therefor pursuant to the provisions of this article. Dancing by performers as part of the entertainment shall be distinguished from dancing by patrons or guests.
(b)
Exceptions. No permit shall be required of any nonprofit organization, including, but not limited to, bona fide charitable, religious, benevolent, and educational organizations, nor in connection with the use of any property owned by the City.
(§§ 3 and 11, Ord. 1611, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
Applications for entertainment permits shall be in writing on forms provided by the City and shall be filed with the Director of Finance. Such applications shall be under oath, in duplicate, and shall contain the following information:
(a)
A complete identification of the applicant;
(b)
The names, citizenship, and residence and business addresses of any copartners, including limited partners;
(c)
If a corporation or association, the names, citizenship, and residence and business addresses of all the corporate officers;
(d)
The name and residence and business address of the owner, manager, or person to be in charge;
(e)
The name, residence and business address, and written consent of the owner of the premises who shall indicate his or her consent by signing the application in the space provided;
(f)
The address, the particular room or rooms for which the permit is required, the square foot area to be used for entertainment, and the seating capacity for the service of meals;
(g)
The exact nature of the proposed business for which the permit is requested and the name under which it is to be operated;
(h)
Whether or not the applicant or any person set forth in subsections (d) and (e) of this section has had a permit for the same or any similar business suspended or revoked anywhere and, if so, the circumstances of such suspension or revocation; the suspension or cancellation of a liquor license shall be considered as included within the purpose of this subsection;
(i)
Whether or not the applicant or any officer, director, or member of the firm or corporation applying for the permit, as the case may be, has ever been convicted in any court for any crime set forth in subsection (b) of Section 9-2.1307 of this article and upon which the Police Chief is required to investigate and report;
(j)
A statement in detail of the kind of entertainment which is to be conducted on the premises;
(k)
The hours of operation; and
(l)
If the applicant requests a combined dance and entertainment permit, the applicant, in addition to the information required by this section, shall provide all of the information required of an applicant for a dance permit as set forth in Article 12 of this chapter.
(§ 4, Ord. 1611, as amended by § 2 (a) and (b), Ord. 308-NS, eff. May 5, 1982, § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999, and § 13, Ord. 2019-978, eff. September 5, 2019)
Applications for entertainment permits shall be accompanied by an application fee in the amount of $300 for an original permit or $100 for a renewal permit. Applications for a combined dance and entertainment permit shall be accompanied by a fee in the amount of $600 for an original permit or $350 for a renewal permit.
(§ 4, Ord. 1611, as amended by § 2 (c), Ord. 308-NS, eff. May 5, 1982, § 6, Ord. 344-NS, eff. December 21, 1983, § 3, Ord. 607-NS, eff. November 30, 1998, and § 13, Ord. 2019-978, eff. September 5, 2019)
(a)
Authority: Purpose. The Director of Finance shall cause investigations to be made by the Police Chief, Fire Chief, and Building Official to ascertain what effect, if any, the issuance of entertainment permits will have on the public peace, health, safety, and general welfare of the City and its inhabitants.
(b)
Duty of Police Chief. The Police Chief shall ascertain whether or not the applicant or other persons interested in the permit have been convicted of a felony or any crime involving theft, embezzlement, or moral turpitude or have had a license or permit for a similar business or a liquor license suspended, canceled, or revoked.
(c)
Duty of Building Official and Fire Chief. The Fire Chief and the Building Official, within the jurisdiction and duties of their particular departments, shall ascertain whether or not the premises to be used are suitable, proper, adequate, and comply with applicable laws for the issuance of the permit.
(d)
Reports. The Police Chief shall make a report to the Director of Finance of his or her findings, together with his or her recommendations, if any. The Fire Chief and Building Official shall each investigate and report to the Director of Finance as to compliance with building and fire regulations, floor area regulations, and regulations pertaining to the dining area and dining area seating capacity. Such investigating officers shall include in their respective reports any information they may have regarding the character and reputation of the applicant, manager, other person to be in charge of the premises, and/or the person owning the business.
If any of the investigating officers shall find, after the investigation as provided in this section, that the premises do not comply with applicable laws or such use of the premises would result in a violation of any law, he or she shall recommend that the application be denied. For the purpose of permitting the applicant to correct matters objected to under this subsection, except improper fire or land use zones, on the request of the applicant and his or her assurance that the matters objected to will be corrected, the Director of Finance may grant an extension of time for such purpose not to exceed 60 days.
The Director of Finance shall assemble the reports from the other departments, which reports may include recommendations from such departments as to whether or not the permit should be granted or denied, and the Director of Finance shall forward all of the reports to the Council for its determination and action upon the permit.
(§ 5, Ord. 1611, as amended by § 2 (d), (e), and (f), Ord. 308-NS, eff. May 5, 1982, § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999, and § 13, Ord. 2019-978, eff. September 5, 2019)
(a)
Council review and determination. Within 60 days after receiving an application for an entertainment permit, the Revenue Collections Department shall forward the application and the recommendations to the Council for consideration at its next regular meeting following the submittal. At such meeting the Council shall review such application and recommendations and shall either grant the permit or set the matter for a hearing.
(b)
Hearings: Notices. The Council shall fix the time and place of the hearing and shall notify the applicant thereof by personal service or certified mail. The notice shall be substantially in the following form but may include other information:
"You are hereby notified that a hearing will be held at ________, on the _____day of _________ 19___, at the hour of ______, at which time you may show cause why the permit for which your application was filed should be granted."
(c)
Hearings: Procedure. At the time and place fixed in such notice or at any time to which the matter may be continued, the Council shall hear the applicant and his or her witnesses and receive any documentary evidence offered in support of the granting of the permit.
(d)
Hearings: Council action. If, after such hearing, the Council shall be satisfied that proper notice has been given, the Council shall grant the permit, unless it shall find that the granting of such permit would be inimical to the public health, safety, morals, or general welfare.
(e)
Hearings: Automatic extensions. If the permittee who holds an existing permit files his or her application for the renewal thereof and furnishes all of the required information not less than 30 days before the expiration date, and no action is taken by the Council by such expiration date, and if the Director of Finance has not granted an extension, then the permit shall be renewed automatically for a period of 60 days after the expiration date, and the Council shall consider and act upon such application before such 60 day period expires.
Should the council fail to act on any renewal application prior to the expiration of said 60 day extension, then such renewal application shall be deemed approved, and the Director of Finance shall issue a renewal permit to the permittee.
(§§ 5.1 and 5.2, Ord. 1611, as amended by § 2 (g) and (h), Ord. 308-NS, eff. May 5, 1982, § 4, Ord. 607-NS, eff. November 30, 1998, § 2 (14), Ord. 624-NS, eff. Dec. 15, 1999, § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999, and § 13, Ord. 2019-978, eff. September 5, 2019)
If the permit is granted, the Director of Finance shall issue the permit. The Director of Finance, in issuing such permits, shall strictly limit such permits to such terms as the Council may specify.
(§ 6, Ord. 1611, as amended by § 2 (i), Ord. 308-NS, eff. May 5, 1982, § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999, and § 13, Ord. 2019-978, eff. September 5, 2019)
It shall be unlawful for any permittee to assign or attempt to assign any permit issued pursuant to the provisions of this article or to use such permit or to permit its use in connection with the operation of any other premises.
(§ 8, Ord. 1611, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
Entertainment permits shall expire at the end of six months following the date of issuance; provided, however, such permits may be renewed for successive one year periods upon an application therefor and the granting of the permit by the Council.
(§ 6, Ord. 1611, as amended by § 2 (j), Ord. 308-NS, eff. May 5, 1982, § 5, Ord. 607-NS, eff. November 30, 1998, and § 13, Ord. 2019-978, eff. September 5, 2019)
(a)
Suspension by Police Chief. Any permit issued pursuant to the provisions of this article shall be summarily and temporarily suspended by the Police Chief in the event the permittee has violated any of the rules and regulations set forth in this article or has violated or permitted the infraction of any law of the State or the City. Such suspension shall be accomplished by posting a notice thereof on the premises over the place where the permit is required to be posted. Within 24 hours thereafter, a copy of such notice, together with the reasons for the suspension, shall be transmitted to the Council.
(b)
Hearings: Notices. At its next regular meeting, the Council shall hear the matter, giving at least three days' notice of such hearing to the permittee. The hearing may be continued from time to time at the discretion of the Council.
(c)
Council action. Upon the conclusion of the hearing, the Council may continue the suspension, revoke the permit, or terminate the suspension and reinstate the permit. The decision of the Council shall be final and conclusive. The Council shall revoke the permit of any person convicted of violating any provision of this article and shall not grant another permit to such person or for the same premises for a period of six months after such revocation.
(§ 10, Ord. 1611, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
Upon the revocation or suspension of an entertainment permit by the Council, such permit shall be surrendered to the Police Chief for cancellation, and a new permit shall be issued thereafter only in accordance with the provisions of this article.
(§ 10, Ord. 1611, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
It shall be unlawful for any person to conduct, show, stage, perform, or produce any entertainment between the hours of 2:00 a.m. and 6:00 a.m. in any establishment for which a permit is required by the provisions of this article except by the special written authorization of the Police Chief under the conditions therein set forth.
(§ 9, Ord. 1611, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
No person shall use any establishment for which a permit is required by the provisions of this article for the purpose of conducting a private club between the hours of 2:00 a.m. and 6:00 a.m.
(§ 9.1, Ord. 1611, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
It shall be unlawful for any person employed in any establishment for which a permit is required by the provisions of this article to solicit or accept drinks of alcoholic beverages from any customer while so employed.
(§ 9.2, Ord. 1611, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
It shall be unlawful for any person to violate any of the following rules and regulations:
(a)
The room, hall, or other place where dining and dancing are permitted shall be kept well and adequately lighted with uniform intensity at all times with a minimum light of three footcandles measured at a height of thirty (30″) inches from the floor, and all places where dancing is permitted shall be open and in clear view.
(b)
No person shall pay or receive any fee or remuneration to be a dancing partner. This provision shall not apply to professional paid entertainers when performing as such.
(c)
Smoking on the floor area used for dancing shall be prohibited.
(§ 9.4, Ord. 1611, as amended by § 2 (15), Ord. 624-NS, eff. Dec. 15, 1999, and § 13, Ord. 2019-978, eff. September 5, 2019)
Every permittee shall keep the rules and regulations set forth in Section 9-2.1318 of this article and such supplemental rules and regulations as may be recommended by the Council and adopted by resolution of the Council posted immediately adjacent to the permit in a conspicuous place upon the licensed premises in open and clear view.
(§ 9.3, Ord. 1611, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
The provisions of this article shall not repeal or supersede the provisions of Article 12 of this chapter regulating dances.
(§ 14, Ord. 1611, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)