This article shall apply to the issuance, renewal, suspension, modification or revocation of any permit required by Section 11.01.030.
(Ord. 2477 § 2, 2016)
(a)
Applications for permits, including permits for special events, shall
be written by the applicant under penalty of perjury and filed with
the police chief on forms prescribed by the police chief, and shall
contain the following:
(1)
The name and permanent address of the applicant, the name and permanent
address of any person, business or other entity having at least a
ten percent ownership interest in the entertainment establishment,
and the name and permanent address of the landlord(s), if any, of
the business or premises where the entertainment is to be located;
(2)
A description of the proposed entertainment, including the maximum
number of persons who are expected to be present within the entertainment
establishment at any one time;
(3)
The proposed opening date and hours of operation of the entertainment
establishment;
(4)
For special or limited duration events, the date or dates, hours
and location of the proposed entertainment;
(5)
The proposed security arrangements for the safety and control of
patrons;
(6)
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;
(7)
Whether or not the applicant or any other responsible person(s) have
been convicted of a misdemeanor or felony offense within the past
five years, the nature of such offense(s), and the sentence(s) imposed;
(8)
Written consent for the proposed entertainment on the premises from
the owner of the property on which the entertainment is to be conducted,
and, if different, the owner(s) of the business or other entity operating
the entertainment establishment; and
(9)
Such other information as the police chief deems necessary for the
proper processing and review of the application.
(b)
The applicant and all responsible persons for a standard entertainment
permit shall submit to fingerprinting by the police chief. All applicable
LiveScan fees shall be paid for by the applicant and all responsible
persons.
(c)
An application is complete when all the requirements of subsections (a) and (b) of this section have been satisfied, including the return of all LiveScan results, if required, from the Department of Justice. Within three business days of receipt of a complete application, the police chief shall provide to the applicant a notice of application for entertainment permit. The applicant shall post the notice on the exterior of the premises for which the permit is sought within twenty-four hours after receiving the notice and for no less than fourteen consecutive days, or in the case of an application for a special event permit, for a period of no less than forty-eight hours in a location that allows interested members of the public to read the notice.
(d)
The police chief shall either approve, conditionally approve, or
deny an entertainment permit application as follows:
(1)
For a standard entertainment permit, the police chief shall approve,
conditionally approve, or deny the permit within thirty calendar days
of receipt of the complete application. The police chief may extend
the time for consideration of the application for up to an additional
twenty-one calendar days with the written consent of the applicant.
The failure of the police chief to timely act shall constitute approval
of the permit.
(2)
For a special event permit, the police chief shall approve, conditionally
approve, or deny the permit within ten calendar days of receipt of
the completed application. The police chief may extend the time for
consideration of the application for up to an additional three working
days with the written consent of the applicant. The failure of the
police chief to timely act shall constitute approval of the permit.
(Ord. 2477 § 2, 2016)
(a)
An applicant for a permit may request, and the police chief may approve,
extended operating hours that will be applicable to the permitted
entertainment establishment. The extended operating hours approved
by the police chief, and any conditions relating thereto, shall be
specifically stated in the permit.
(b)
Any entertainment establishment, exempt from the permit requirement under Section 11.01.040, may apply for an entertainment permit under the procedures provided in Section 11.03.020 for the sole purpose of obtaining extended operating hours. The extended operating hours approved by the police chief, and any conditions relating thereto, shall be specifically stated in the permit.
(Ord. 2477 § 2, 2016)
(a)
The following entertainment permit program fees shall be imposed
in amounts established by resolution of the city council:
(1)
New Permit Fee. Every application for a new entertainment permit
must be accompanied by a nonrefundable application fee.
(2)
Renewal Permit Fee. Every application to renew an entertainment permit
must be accompanied by a nonrefundable application fee.
(3)
Special Event Permit Fees. Every application for an entertainment
permit for a special event must be accompanied by a nonrefundable
application fee.
(4)
Inspection Fees.
(A)
Initial Inspection. Initial inspection of the location where the
entertainment is to be conducted shall be done at no charge to the
applicant or permittee.
(B)
Re-Inspection. There is a nonrefundable fee for every inspection
after the initial inspection.
(C)
If an applicant or permittee agrees with the police chief upon a
day and time for an inspection and the applicant or permittee fails
by act or omission to provide access onto the premises, the failure
to provide access to the premises constitutes an inspection for the
sole purpose of calculating inspection fees pursuant to this section.
(5)
Modification Fee. Each permittee may submit up to six modification
requests to the police chief during the two-year permit term. Every
additional request within the two-year permit term must be accompanied
by a nonrefundable modification fee. For the purposes of this subsection
only, a request by a permittee to update the responsible persons listed
on the permit does not constitute a request to modify the permit.
(b)
The fees established in this section are in addition to the city's
business license tax and any other license or permit fee imposed upon
the applicant or permittee by this code or any other law, ordinance
or regulation.
(Ord. 2477 § 2, 2016)
(a)
The police chief shall conduct a thorough investigation of the application.
The police chief shall obtain recommendations and reports from the
fire marshal and such other city departments as he or she deems necessary,
concerning the application.
(b)
The police chief shall approve the issuance of the entertainment
permit if he or she finds:
(1)
That issuance of the permit and conduct of the entertainment at the
proposed location, as may be conditioned, is consistent with federal,
state and local laws, rules, regulations and any existing special
permit(s); and
(2)
That issuance of the permit at the proposed location, as may be conditioned,
will not constitute an undue burden on the neighborhood because of
its proximity to residences, inadequate parking or other neighborhood
circumstances and will not interfere with the reasonable use and enjoyment
of the neighborhood by its residents; and
(3)
Neither the applicant or any responsible person or principal of the
applicant has, within the past five years, been convicted of a felony
or other crime of moral turpitude that is substantially related to
the qualifications, functions or duties of a proprietor of the premises
upon which the entertainment activities are conducted; and
(4)
Neither the applicant or any responsible person or principal of the
applicant has a history of committing, permitting or failing to prevent
significant violations of the city code, or any license or permit,
in connection with an entertainment establishment for which he or
she was a responsible person; and
(5)
It does not appear, based upon the information before the police
chief, that the applicant has provided false or misleading material
information in the application; and
(6)
That the application is complete; and
(c)
Where the police chief does not approve a permit, the police chief
shall inform the applicant of the reason(s) for the denial in writing.
(d)
In issuing the permit, the police chief may impose conditions relating
to the operation of the entertainment establishment. Conditions may
relate to:
(1)
The days, hours and location of operation;
(2)
Restrictions designed to prevent minors from obtaining alcohol, such
as separate entrances, exits, and restroom facilities on the premises;
(3)
The number and age of persons allowed on premises;
(4)
Whether licensed security guards are required, and if so, the minimum
number required;
(5)
Specific measures the permittee must undertake to control the conduct
of patrons so as to prevent or minimize disorderly conduct within
the establishment and surrounding neighborhood, including conditions
relating to the entry or formation of lines by patrons;
(6)
Specific measures the permittee must undertake to remove trash attributable
to the establishment or its patrons in and around the establishment,
the surrounding neighborhood and the public right-of-way; or
(7)
Other matters necessary for public health, safety and welfare.
(e)
Conditions shall be based on specific facts reasonably related to
insuring the public health, safety and welfare, including, but not
limited to, the protection of minors from alcohol and other criminal
activity, the conservation of limited city public safety resources
and the prevention of public nuisance activity that detracts from
the peace and quiet of residential neighborhoods.
(f)
Conditions shall be listed on, or attached to, the permit.
(g)
The police chief shall give the permittee an opportunity to review
any proposed conditions and the police chief will consider the input
of the permittee prior to imposing those conditions.
(h)
Conditions may not be imposed that conflict with any local, state
or federal law, or that conflict with the permittee's ABC license.
Nothing in this subsection is intended to prevent the police chief
from imposing any condition related to the age of patrons inside an
ABC establishment if the ABC license does not address that issue.
The intent of this subsection is to allow the sale and service of
food to minors in a bona fide public eating place (ABC license types
41, 47 and various club licensed premises) with reasonable conditions
placed on the permit to protect the minors from alcohol and other
criminal activity.
(i)
No condition may be imposed pursuant to this chapter that suppresses
or regulates speech or expression in any manner contrary to law.
(Ord. 2477 § 2, 2016)
The permit issued pursuant to this chapter shall at all times
be posted in a conspicuous place in the entertainment establishment
for which it was issued and shall be immediately produced upon the
request of any police or code enforcement officer of the city.
(Ord. 2477 § 2, 2016)
(b)
A special event permit issued pursuant to this chapter is valid for
the term stated in the permit, but in no event for a period greater
than one year from the date it was issued.
(Ord. 2477 § 2, 2016)
Permits issued pursuant to this chapter shall not be sold, transferred,
or assigned to any other person, entertainment establishment or location.
Any such sale, transfer or assignment shall be deemed a voluntary
surrender of the permit, and the permit shall thereafter be null and
void.
(Ord. 2477 § 2, 2016)
If an application for an entertainment permit is denied by the police chief for failure to satisfy the eligibility requirements stated in Section 11.03.050(b)(2), no application for a permit to conduct any entertainment activity at the same location shall be considered by the police chief for a period of one year from the date of denial. If an application for a special event permit is denied by the police chief for failure to satisfy the eligibility requirements stated in Section 11.03.050(b)(2), no application for a special event at the same location shall be considered by the police chief for a period of six months from the date of denial. In addition, if denial of a permit is for failure to satisfy an eligibility requirement stated in Section 11.03.050(b)(4) or (b)(5), the police chief shall not consider any application from the same applicant for a period of one year.
(Ord. 2477 § 2, 2016)
(a)
After notice and an opportunity for a hearing to the permittee as
provided in this section, the police chief may suspend, modify or
revoke any permit issued pursuant to the provisions of this chapter
for any of the following reasons:
(1)
The entertainment has been conducted in a manner contrary to the findings for the issuance of a permit set forth in Section 11.03.050(b);
(2)
The permittee has failed to comply with one or more conditions of
the permit;
(3)
The entertainment has created noise levels that violate the municipal
code;
(4)
The permittee or his or her employees, agents, or representatives
have violated or are violating federal, state or local laws, rules
or regulations in connection with the entertainment;
(5)
The entertainment has been conducted in an illegal or disorderly
manner or has been conducted in such a manner as to constitute an
unreasonable burden on the use and enjoyment of neighboring properties;
(6)
The applicant made a false statement of material fact or omitted
a material fact in the application;
(7)
The entertainment has created or is creating a nuisance;
(8)
The permittee or any other responsible person has violated any provision
of this chapter; or
(9)
A modification of the permit has been requested by the permittee
and the police chief finds the modification is consistent with the
provisions of this code and will not constitute a nuisance or an unreasonable
burden upon city resources or the surrounding neighborhood.
(b)
In the event the police chief proposes to suspend, modify or revoke
a permit, written notice of the proposed suspension, modification
or revocation shall be personally delivered or sent by certified mail
to the permittee at least fourteen calendar days prior to the date
of the proposed suspension, modification or revocation. The notice
shall contain:
(1)
A brief statement of the specific grounds for such suspension, modification
or revocation;
(2)
A statement that the permittee may appeal the proposed suspension,
modification or revocation by submitting a written request for an
appeal to the city manager, within ten calendar days of the date of
service of the notice;
(3)
A statement that the failure to timely request an appeal of the proposed
suspension, modification or revocation will constitute a waiver of
the right to an administrative appeal hearing, and the proposed suspension,
modification or revocation will be final.
(c)
The appeal hearing shall be conducted by the city manager in accordance with Section 11.03.130. The permittee may have the assistance of counsel and shall have the right to present evidence.
(1)
Failure to properly file a written appeal of the notice of suspension,
modification or revocation within ten calendar days of the date of
service of the notice will constitute a waiver of the right to an
appeal hearing, and the suspension, modification or revocation will
be final. Failure to properly and timely appeal the notice of suspension,
modification or revocation shall also constitute a failure to exhaust
administrative remedies and bar judicial action pertaining to the
final decision.
(2)
If the permittee or counsel for the permittee files a proper appeal
and then fails to appear at the hearing, the appeal is abandoned,
and the decision of the city manager is final and may not be further
appealed. Failure to appear at the hearing constitutes a waiver of
all right to an appeal hearing and shall also constitute a failure
to exhaust administrative remedies and bar any judicial action pertaining
to the city manager's decision.
(Ord. 2477 § 2, 2016)
(a)
A permittee may apply for an entertainment permit renewal by submitting to the police chief at least fourteen calendar days before the expiration of the permit, a renewal application and a non-refundable renewal fee in an amount set by resolution of the city council. Failure to timely submit a renewal application prior to expiration of the permit shall result in permit expiration, and an application for a new permit shall be required pursuant to Section 11.03.020.
(b)
If a timely and complete application for renewal is filed, the permit's
expiration shall be stayed until a decision on the renewal application
is issued.
(c)
The police chief shall either approve or deny the renewal of a permit
within thirty calendar days of receipt of the complete application.
The police chief may extend the time for consideration of the application
for up to an additional twenty-one calendar days with the written
consent of the applicant. The failure of the police chief to timely
act shall constitute approval of the renewal of the permit.
(d)
The police chief shall approve the renewal of a permit if he or she finds that the circumstances existing during the term of the permit and during the review period of the application for renewal are consistent with all of the findings required for approval of a new permit specified in Section 11.03.050, and that no permittee or responsible person of the entertainment establishment has committed, permitted, or failed to prevent violations of the municipal code, or any license or permit condition, during the preceding two years. Notwithstanding an approval for a permit renewal, the police chief may add, delete or modify the permit conditions using the criteria set forth in Section 11.03.050(d).
(e)
A permit renewed pursuant to this section may be extended for up
to two additional years.
(Ord. 2477 § 2, 2016)
Except as provided in Section 11.03.100(c)(1) and (c)(2), any applicant or permittee aggrieved by a decision of the police chief in denying, suspending, modifying or revoking a permit, or imposing conditions on the issuance of a permit or permit renewal, may appeal the decision to the city manager in accordance with the procedures set forth in Section 11.03.130.
(Ord. 2477 § 2, 2016)
(a)
Appeal to city manager or designee.
(1)
Any applicant or permittee who desires to appeal a decision of the police chief as specified in Section 11.03.120, may appeal the decision by submitting a written appeal to the city manager within ten calendar days from the date of service of the notice of denial, suspension, modification, revocation, or conditioned approval or renewal. The written appeal shall contain:
(A)
A brief statement in ordinary and concise language of the specific
decision or condition protested, together with any material facts
claimed to support the contentions of the appellant;
(B)
A brief statement in ordinary and concise language of the relief
sought, and the reasons why it is claimed the protested action should
be reversed or otherwise set aside;
(C)
The signatures of all parties named as appellants and their official
mailing addresses; and
(D)
The verification (by declaration under penalty of perjury) of at
least one appellant as to the truth of the matters stated in the appeal.
(2)
Upon receipt of a timely filed appeal, the city manager may hire
or appoint a hearing officer or may serve as the hearing officer.
(3)
Upon receipt of any appeal filed pursuant to this section, the hearing
officer shall calendar it for hearing within fifteen calendar days.
However, if the appeal pertains to a special event permit, the appeal
shall be calendared for hearing within seven calendar days.
(4)
Written notice of the time and place of the hearing shall be given
at least seven calendar days prior to the date of the hearing to each
named appellant either by causing a copy of such notice to be delivered
to the appellant personally or by mailing a copy thereof, postage
prepaid, addressed to the appellant at the address(es) shown on the
appeal. However, if the appeal pertains to a special event permit,
notice of the hearing shall be given at least three calendar days
prior to the date of the hearing.
(5)
Failure of any person to timely file an appeal in accordance with
the provisions of this section shall constitute an irrevocable waiver
of the right to an administrative hearing and a final adjudication
of the notice and decision, or any portion thereof.
(6)
Only those matters or issues specifically raised by the appellant
in the appeal notice shall be considered in the hearing of the appeal.
(7)
In the case of a suspension, modification, or revocation of a permit
or permit renewal, the permittee may continue to conduct entertainment
during the pendency of any appeal.
(b)
Hearings—Generally.
(1)
At the time set for hearing, the hearing officer shall proceed to
hear the testimony of the police chief, the appellant, and other competent
persons, including members of the public, respecting those matters
or issues specifically raised by the appellant in the notice of appeal.
(2)
The proceedings at the hearing shall be electronically recorded.
Either party may provide a certified shorthand reporter to maintain
a record of the proceedings at the party's own expense.
(3)
The hearing officer may, upon request of the appellant or upon request
of the city, grant continuances from time to time for good cause shown,
or upon his or her own motion.
(4)
In any proceedings under this chapter, the hearing officer has the
power to administer oaths and affirmations and to certify to official
acts.
(c)
Conduct of hearing.
(1)
Hearings need not be conducted according to the technical rules relating
to evidence and witnesses.
(2)
Oral evidence shall be taken only upon oath or affirmation.
(3)
Any relevant evidence shall be admitted if it is the sort of evidence
on which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common law
or statutory rule which might make improper the admission of the evidence
over objection in civil actions.
(4)
The hearing officer has discretion to exclude evidence if its probative
value is substantially outweighed by the probability that its admission
will necessitate undue consumption of time.
(5)
Hearsay evidence may be used for the purpose of supplementing or
explaining other evidence but over timely objection shall not be sufficient
in itself to support a finding unless it would be admissible over
objection in civil actions. An objection is timely if made before
submission of the case or on reconsideration.
(6)
Each party shall have these rights, among others:
(A)
To call and examine witnesses on any matter relevant to the issues
of the hearing;
(B)
To introduce documentary and physical evidence;
(C)
To cross-examine opposing witnesses on any matter relevant to the
issues of the hearing;
(D)
To impeach any witness regardless of which party first called the
witness to testify;
(E)
To rebut the evidence presented against the party; and
(F)
To represent him, her, or itself or to be represented by anyone of
his, her, or its choice who is lawfully permitted to do so.
(7)
In reaching a decision, official notice may be taken, either before
or after submission of the case for decision, of any fact that may
be judicially noticed by the courts of this state or that may appear
in any of the official records of the city or any of its departments.
(d)
Form and contents of decision—Finality of decision.
(1)
If it is shown, by a preponderance of the evidence, that one or more
bases exist to deny, suspend, modify, or revoke the permit, the hearing
officer shall affirm the police chief's decision to deny, suspend,
modify, revoke or condition the permit. Following the hearing and
after reviewing the testimony and evidence presented at the hearing,
the city manager shall issue a decision, or if the city manager appointed
a hearing officer, the hearing officer shall issue a recommendation
to the city manager, regarding the propriety of the police chief's
determination. The decision or recommendation shall be in writing
and shall contain findings of fact and a determination of the issues
presented. The city manager shall accept, amend and accept, or reject
a hearing officer's recommendation.
(2)
The city manager's determination of the appeal shall be final.
(3)
The final decision shall inform the appellant that the decision is
a final decision and that the time for judicial review is governed
by California Code of Civil Procedure Section 1094.6. Copies of the
decision shall be delivered to the appellant personally or sent by
certified mail to the address shown on the appeal within ten business
days following the conclusion of the hearing.
(4)
The decision shall be final when signed by the city manager and served
as provided in this section.
(Ord. 2477 § 2, 2016)
