For the purposes of this chapter, the words set out in this
section shall have the following meanings:
"Entertainment"
means any act, play, review, pantomime, scene, song, dance,
act, song and dance act, or poetry recitation, conducted or participated
in by any professional entertainer in or upon any premises to which
the public is admitted.
"Entertainment"
also includes a fashion or style show, except when conducted
by a bona fide nonprofit club organization as a part of the social
activities of such club or organization, and when conducted solely
as a fund raising activity for charitable purposes.
"Entertainment"
a.
b.
c.
does not include:
Mechanical music alone;
Instrumental music alone, except between the hours of two a.m. and six-thirty a.m. when the provisions of Section 5.20.100 shall apply; or
Dancing participated in only by customers; however, this paragraph
does not exempt exhibition dancing by a person receiving compensation
for such exhibition dancing.
"Entertainment" also includes the act of any person, while visible
to any customer, exposing any portion of specified anatomical areas
which are defined as follows:
means any act, play, review, pantomime, scene, song, dance
act, song and dance act, or poetry recitation, conducted or participated
in by any nonprofessional person or persons in or upon any premises
to which the public is admitted.
means a person or persons who engage for livelihood or gain
in the presentation of entertainment.
means a day on which the administrative office of the city
is open to the public for conduct of business.
(Prior code §§ 21.280.1, 21.280.2,
21.280.3; Ord. 93, 1983; Ord. 257 § 2, 1996)
The procedure to follow, except as otherwise provided in this chapter, in obtaining a permit that is set forth in the Uniform Permit Procedure, Chapter 5.08.
(Prior code § 21.280.9)
A Class I entertainment permit shall be issued for entertainment
by a professional entertainer as defined in this code. The annual
fee for a Class I entertainment permit shall be eighty dollars for
the first year, and forty dollars for each annual renewal.
(Ord. 179, 1990)
B.
Where
the fees for a Class II entertainment permit have been paid by an
applicant, no additional fee is required of the same applicant for
a Class I or Class III entertainment permit for the same location
covered by the Class II entertainment permit.
(Ord. 179, 1990)
A Class III entertainment permit shall be issued for "informal
entertainment" as defined in this code. the annual permit fee shall
be eighty dollars for the first year and forty dollars for each annual
renewal.
(Ord. 179, 1990)
The annual permit fee for any person conducting or participating
in entertainment as defined in Section 5.20.010(A)(4) shall be thirty
dollars. All permit fees shall be payable in advance and said fee
shall be reduced by the sum of two dollars and fifty cents for each
month subsequent to the month of April that the original application
is made. The fee for each annual renewal shall be thirty dollars.
(Ord. 93, 1983)
The annual permit fee for a manager of an entertainment establishment
shall be thirty dollars. All permit fees shall be payable in advance
and the fee shall be reduced by the sum of two dollars and fifty cents
for each month subsequent to the month of April that the original
application is made. The fee for each annual renewal shall be thirty
dollars.
(Ord. 93, 1983)
No fee is required for a permit for:
A.
No entertainment
at which no alcoholic beverage is sold or consumed where such entertainment
is conducted by a bona fide charitable, religious, benevolent, patriotic,
or educational organization, or by the United Service Organization.
Any determination as to the exempt status of any applicant shall be
made by the sheriff.
(Prior code § 21.280.8)
In any case where an applicant knowingly or deliberately makes
and material false statement on an application for a permit, such
application shall be denied.
(Prior code § 21.281.9)
Whenever, after a hearing, notice of which must be given ten
days prior thereto, it is determined that noise from any establishment
permitted under this chapter interferes with the right of persons
dwelling in the vicinity of such establishment to the peaceful and
quiet use and enjoyment of their property, the council may require
that the premises be soundproofed in a manner that in the judgment
of the council will be effective to eliminate the noise or reduce
it to a reasonable level. In taking any action under this section,
the council must balance all of the interests of the respective parties,
as well as the hardship of the interests of the respective parties,
as well as the hardship which result from any order. If the council
finds that the noise complained of is of a minimum or inconsequential
degree, no action shall be taken under this section. If a permittee
fails, within a reasonable time and after having been ordered to do
so pursuant to this section, to take such steps as were ordered to
abate any noise, his permit shall be suspended after a second hearing,
ten days' notice of which may be given, until such time as he complies
with the order.
(Prior code § 21.282.3)
No entertainment other than mechanical music of any sort may
be conducted in an establishment permitted pursuant to this chapter
between the hours of two a.m. and six-thirty a.m.
(Prior code § 21.282.4)
No establishment permitted pursuant to this chapter may allow
the premises to be used for the purpose of conducting a private club
between the hours of two a.m. and six-thirty a.m.
(Prior code § 21-.282.5)
No person under eighteen years of age shall enter, be or remain
in or on any premises on or in which any topless entertainment, as
defined in Section 5.20.010(A)(4) is presented. A permittee shall
not permit such a person to enter, be or remain in or on any such
premises.
(Prior code § 21.282.6; Ord. 248 § 2, 1996; Ord. 250 § 2, 1996)
It is unlawful for any person who is intoxicated or under the
influence of any drug to appear in or be in any establishment permitted
pursuant to this chapter. A person who conducts or assists in conducting
any such establishment shall not permit any intoxicated person or
persons who is under the influence of any drug to appear, be, or remain
at such place.
(Prior code § 21.282.7)
No entertainment shall be permitted in any establishment where
a permit is required which does not provide unlocked doors with free
and easy egress while patrons are in the establishment.
(Prior code § 21.282.8)
There shall be no entertainment of any kind where an entertainment
permit is required which is visible at any time from the street, sidewalk
or highway.
(Prior code § 21.282.9)
No entertainment may be conducted in establishments where a
permit is required where employees solicit or accept drinks of alcoholic
beverages from customers.
(Prior code § 21.283.1)
No entertainment may be conducted in any establishment where
a permit is required in which gambling in any form is permitted or
tolerated, or in which there is kept any machine or machines or other
device designed or commonly used for the purpose of gambling in any
form.
(Prior code § 21.283.2)
No entertainment may be conducted in any establishment where
a permit is required at which solicitation of trade is made at or
near the entrance, either by personal solicitation or otherwise, by
means of any device whereby the voice of the person soliciting can
be heard at or near such entrance.
(Prior code § 21.283.3)
Every establishment permitted pursuant to this chapter shall
be lighted throughout to an intensity of not less than three foot-candles
during all hours, of operation except while the floor show is in progress.
(Prior code § 21.283.5)
Every person operating an establishment permitted pursuant to
this chapter, who owns, operates, or controls any parking lot adjacent
to such establishment and used in connection therewith, shall adequately
and uniformly light such parking lot to an intensity of not less than
two foot-candles.
(Prior code § 21.283.6)
At every establishment permitted pursuant to this chapter having
a capacity of not less than two hundred persons, not less than one
employee for the first two hundred persons, and one additional employee
for each additional one hundred persons who could be accommodated,
whether actually present or not, shall be constantly in attendance
during the entire time that any entertainment is in progress, and
shall devote their entire time and attention to the keeping of order,
the checking of the admission of minors, and seeing to it that all
provisions of this chapter are complied with. The sheriff may require
such additional employees or guards on an individual basis as the
sheriff deems in the public interest.
(Prior code § 21.283.7)
No professional entertainer or employee may dance, unnecessarily
converse, or physically associate with any customer during any entertainment
period, however, that a regularly scheduled audience participation
type of entertainment may be presented during the time stated and
in the manner described in an advertisement posted at the premises
and appearing in a regularly printed program; provided further, that
a copy of said advertisement shall be received by the sheriff twenty-four
hours prior to the conducting of said audience participation entertainment.
This section shall not apply to establishments having a Class III
entertainment permit.
(Prior code § 21.283.8; Ord. 105 § 1, 1984)
The deputy sheriffs of the county, in addition to their several
other duties, shall inspect any and all establishments permitted pursuant
to this chapter.
(Prior code § 21.283.9)
The sheriff and/or his deputies shall be permitted by every
permittee to enter free of charge any establishment permitted pursuant
to this chapter for the purpose of inspection.
(Prior code § 21.284.1)
The provisions of Sections 5.20.260 through 5.20.380, inclusive, shall apply only to those establishments required to have a Class II entertainment permit.
(Prior code § 21.284.2)
In addition to the grounds for the suspension or revocation
of a permit set forth elsewhere in this chapter, the provisions of
Section 24200 of the Business and Professions Code of the state are
hereby made applicable to permits under this chapter.
(Prior code § 21.284.3)
No sign or signs which in whole or in part advertise any topless
entertainment, and exceed in area seven hundred twenty square inches,
shall be maintained, erected, used, or placed upon, on, or adjacent
to the outside of any building and in connection with any premises
therein permitted pursuant to this chapter.
(Prior code § 21.284.4)
Every establishment permitted pursuant to Section 5.20.010(A)(4)
of this chapter shall place at or near the entrance to the permitted
establishment a sign of not more than two hundred twenty-five square
inches and not less than one hundred forty-four square inches upon
which is written: "WARNING. This establishment offers 'topless' entertainment.
If you would be offended, do not enter." Such sign shall be illuminated
to an intensity of not less than ten foot-candles, and shall be clearly
visible to any person entering the permitted establishment before
such person enters the area where entertainment is conducted.
(Prior code § 21.284.7)
No person shall enter, be, or remain in any establishment permitted
pursuant to this chapter or required to be permitted pursuant to this
chapter, except when attired in such a manner that the pubic area,
private parts and the crease of the buttocks are completely covered
and are not visible to the human eye.
(Prior code § 21.284.8)
All establishments permitted, or required to be permitted, under this chapter shall have a manager on the premises at all times when entertainment is being conducted. Such manager shall be permitted with the city and approved by the sheriff as provided in Section 5.20.332.
(Prior code § 21.284.9; Ord. 93, 1983)
No person shall be employed as a manager of an entertainment
establishment as required in Section 520.330 unless and until such
person has appeared in person at the city and completed the permit
application form provided by the sheriff. Any person applying for
a permit under this section shall specify:
A.
Name
and residence address;
B.
Social
security number and driver's permit number, if any;
C.
Whether
such person has ever been convicted of any crime except misdemeanor
traffic violations. If any person mentioned in this subsection has
been so convicted, a statement must be made giving the name of the
person so convicted, the date of the conviction, the specific charge
under which the conviction was obtained, and the sentence imposed
as a result of such conviction.
(Ord. 93, 1983)
Any person applying for a permit under Section 5.20.332 shall, in addition to the information required thereby, provide the sheriff with a recent photograph, which photograph may be taken by the sheriff and forwarded to the Federal Bureau of Investigation, Identification Division, for search.
(Ord. 93, 1983)
No person shall employ any person as a manager of an entertainment establishment until such person has applied for and received a permit as provided in Sections 5.20.332 and 5.20.334, and until written notification has been received from the city that such manager applicant has been duly permitted. The city's notices of permit shall be maintained by the employer at the place of business and shall be available for inspection at all times.
(Ord. 93, 1983)
No person shall conduct or participate in any entertainment
as defined in Section 5.20.010(A)(4) unless and until such person
has appeared in person at the city and completed the permit form provided
by the sheriff. Any person applying for a permit under this section
shall specify:
A.
Name
and residence address;
B.
Social
security number and driver's permit number, if any:
C.
Whether
such person has ever been convicted of any crime except misdemeanor
traffic violations. If any person mentioned in this subsection has
been so convicted, a statement must be made giving the name of the
person so convicted, the place and court in which the conviction was
obtained, and the sentence imposed as a result of such conviction.
(Ord. 93, 1983)
Any person applying for a permit under Section 5.20.340 shall, in addition to the information required thereby, provide the sheriff with a recent photograph, which photograph may be taken by the sheriff and forwarded to the Federal Bureau of Investigation, Identification Division for search.
(Ord. 93, 1983)
No person shall employ any person to participate in or conduct any entertainment defined in Section 5.20.010(A)(4) unless and until such person has applied for or received a permit as provided in Sections 5.20.340 and 5.20.350, and until written notification has been received from the sheriff that such person has been duly permitted. The sheriff's notices of licensing shall be maintained by the employer at the place of business, and shall be available for inspection at all times.
(Ord. 93, 1983)
Upon receipt of an application for an entertainment, manager's
or entertainer's permit, the clerk shall determine whether the application
is complete. If the clerk finds the application to be incomplete,
she/he shall, within three working days, send a notice of deficiency
to the applicant specifying the reasons why the application is incomplete.
The clerk, within seven working days after receipt of a complete application,
shall take one of the following actions:
A.
Cause
such permit to be issued; or
B.
Send
applicant a notice of denial of the permit stating the reasons therefor;
or
C.
Issue
a temporary permit good for fourteen working days.
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In any event, the clerk shall, within twenty-one working days
after a complete application is received, cause the permit to be issued
or send applicant a notice of denial.
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The temporary permit shall be valid for fourteen working days.
During the term of that temporary permit, applicant shall be treated
as though he/she had been issued a regular permit pursuant to this
chapter.
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If the permit is denied, the applicant shall have the right, but not the obligation, to appeal that decision pursuant to Chapter 5.08 of the Lemon Grove Municipal Code. If the applicant chooses not to appeal such a denial, the city shall not, in any court action regarding such denial, assert that applicant has failed to exhaust his or her administrative remedies.
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(Ord. 252 § 2, 1996; Ord. 254 § 2, 1996; Ord. 257 § 3, 1996)
Any permit issued pursuant to Sections 5.20.332/5.20.334 and
5.20.340/5.20.350 is not transferable from person to person or place
to place of employment, and it shall be unlawful for any person to
knowingly be in possession of a permit not duly issued to him or her
and to use said permit as identification as an entertainer or manager.
Every person, while conducting or participating in entertainment as
defined in Section 5.20.010(A)(4) or serving as a manager of an entertainment
establishment is required to carry their permit upon their person
or within their immediate possession and shall produce it for inspection
by any law enforcement agency upon request.
(Ord. 93, 1983)
All permits issued pursuant to Sections 5.20.332/5.20.334 and
5.20.340/5.20.350 shall be in the form of an identification card on
which shall be set forth the name of the person to whom the permit
is issued, date of issuance, place of employment, physical description
and date of birth. Affixed to the permit shall be a recent photograph
of the permittee and the permittee's thumb print.
(Ord. 93, 1983)
The procedure to follow, except as otherwise provided in this chapter in obtaining registration is that set forth in the Uniform Permit Procedure, Chapter 5.08. In addition to the reasons stated in the uniform permit procedure, the issuing officer may deny a registration when:
A.
The
applicant has been convicted of a crime involving lewd, lascivious
or obscene conduct; including, but not limited to, Sections 311.6,
314, 315, 316, 318 or Subdivisions (a), (b) or (d) of Section 647
of the Penal Code;
B.
The
applicant has been convicted of a crime which required the applicant
to register under the provisions of Section 290 of the Penal Code.
(Prior code § 21.285.4)
No person or persons permitted pursuant to this chapter or required
to be permitted under this chapter shall show, project or permit to
be shown or projected in any establishment permitted pursuant to this
chapter or required to so permitted, any motion picture, still picture,
or slide, the main subject of which is the depiction of the human
body, or any portion thereof, whether clothed or unclothed, unless
and until the permit or such establishment is specifically endorsed
by the sheriff to permit such showing.
(Prior code § 21.285.5)
In any case where a permittee is required to have both a Class II entertainment permit and Class I or Class III entertainment permit, the sheriff may waive the requirements of Section 5.20.300. Any such waiver must be endorsed upon the permit affected thereby.
(Prior code § 21.285.6)
In or on any business premise, where persons appear in a state
of nudity, no performer, dancer or entertainer shall intentionally
have, no owner, operator, licensee or manager of such premises shall
intentionally permit, physical contact between customers and persons
performing for compensation irrespective of their state of dress.
A distance of six feet shall be always maintained between any customer
and dancer or entertainer performing for compensation.
For purposes of this section, a "state of nudity" is a state
in which any of the following body parts is displayed less than completely
and opaquely covered:
A.
Human
genitals or pubic region; or
B.
A buttock;
or
C.
A female
breast below a point immediately above the top of the areola.
(Ord. 259 § 2, 1996)
