Chapter 113 ENTERTAINMENT PERMITS

The provisions of this chapter shall not be deemed to require a permit for the following:

For the use of a radio or other electronic playback device in any establishment, except when utilized by an announcer, master of ceremonies or disc jockey who at any time provides or facilitates any form of vocal entertainment, including the announcing of song titles or artists' names in conjunction therewith;

For any entertainment conducted for or presented to members and their guests at a private club or wedding receptions, provided that admission is not open to the public;

For entertainment conducted in connection with a regularly established motion picture theater, recreation park, circus or fairground;

For entertainment conducted or presented solely on or at any premises or location which is owned or operated by, or leased by, to or from the United States, State of California, County of Riverside, the city, or any agency or subdivision thereof;

For the playing of background music by any electronic means or instrument in conjunction with the service and consumption of food;

For entertainment conducted or presented by a bona fide nonprofit club or organization as a part of the social activities of such club or organization, solely as a fundraising activity for charitable purposes.

§ 113.04 Exemption from charges and permit fee obligation.

However, entertainment events, uses and functions exempt from the provisions of this chapter shall remain subject to and regulated by any and all applicable provisions of this code and state law.

[Ord. 1510, 7-18-2007]

There shall be no charge or fee for investigation payable by an applicant for an entertainment permit in instances when regular dances or other entertainment events are proposed to be held by bona fide charitable, memorial, fraternal, or labor associations, student bodies of schools where such dances or events do not take place more often than once a month.

§ 113.05 Permit application.

[Ord. 1510, 7-18-2007]

Applicants for entertainment permits shall file a written, signed and verified application with the Chief of Police, under penalty of perjury, specifying:

The name and permanent residential address of the applicant;

The proposed and/or current business address, if any, of the applicant. If the applicant is a corporation or organized as another form of legally established entity (partnership, limited liability company, and the like), the corporate/entity name shall appear on the application exactly as set forth in its articles of incorporation or organizational document/instrument. Furthermore, the applicant shall delineate the name and residential address of each of its officers, directors, members, general partners, limited partners and the like, together with the name and residential address of each stockholder or other person owning 10% or more of the applicant's corporate stock or equity;

§ 113.06 Permit — Application — Investigation and administrative hearing, notification to City Council.

A detailed description of the proposed entertainment, including type of entertainment, number of persons ordinarily engaged in the entertainment, and any further information about the entertainment or entertainers as the Chief of Police may deem necessary and appropriate on a case-by-case basis;

(D)

The dates, hours and locations where the entertainment is proposed to be conducted or presented, including but not limited to entertainment at an entertainment site, and the admission fee, if any, to be charged;

(E)

The name or names and residential address(es) of any person or persons responsible for the management or supervision of the applicant's business, and of any entertainment;

(F)

A statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with such entertainment, including whether or not alcohol will be served as part of such business;

(G)

Whether or not the applicant or any person(s) responsible for the management or supervision of the applicant's business has/have been, within the five year period preceding the application date, convicted (whether by verdict or plea of guilty or nob contendere) of a felony, any crime constituting theft, or any crime for which conviction gives rise to an obligation to register as an offender pursuant to Cal. Penal Code § 290 or Health and Safety Code § 11590. Together with such information regarding any such conviction, an applicant shall provide information as to the nature of the criminal offense(s) in question and the disposition corresponding to any such offense(s), including but not limited to any sentence imposed or conditions of parole or probation, if any;

(H)

Whether or not the applicant has ever had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and the name of the revoking agency;

(I)

Such other reasonable information as the Chief of Police may deem necessary on a case-by-case basis.

[Ord. 1510, 7-18-2007]

After an application for an entertainment permit has been filed, the Chief of Police may cause an investigation to be made of such application. Thereafter, an administrative hearing shall be set and commenced before the Chief of Police within 45 days of the application's filing, and the city shall provide the applicant with written notice as to the date, time and location of the administrative hearing. This administrative hearing shall take place in an area open to the public. To obtain a renewal entertainment permit, applicants must submit an application to the Chief of Police no later than 45 days prior to the expiration of the current entertainment permit in order to facilitate the renewal process without interruption.

§ 113.07 Administrative hearing on permit — Notice requirements.

Within five days of his or her receipt of any application for an entertainment permit, the Chief of Police shall provide a copy of same to each City Council member via the City Manager's staff.

[Ord. 1510, 7-18-2007]

If the Chief of Police has set the consideration of issuance of an entertainment permit for administrative hearing, notice thereof shall be given to all property owners within 300 feet of the proposed entertainment site per the application; if no fixed entertainment site exists, notice shall be given to all property owners within 300 feet of the applicant's business address, if any, as reflected on the application.

For purposes of this section, notice to property owners shall be sufficient if given to those property owners who appear as such on the most recent equalized assessment roll prepared by the County of Riverside. Additionally, the Chief of Police shall cause a public notice to be posted at the location where the entertainment is to be provided.

§ 113.08 Administrative hearing on permit — Action by city.

All notices provided for in this section shall be in a form and manner prescribed by the Chief of Police. The applicant, via payment of permit application processing fees as described below, shall bear all costs and expenses in mailing, printing and posting such notice, and shall pay such costs to the city contemporaneously with the filing of an application. Failure to pay such costs by the applicant shall represent grounds for denial of the application.

[Ord. 1510, 7-18-2007]

At the time and place set for administrative hearing as to any application, and as may be adjourned or continued from time to time, the Chief of Police shall hear and determine all the facts and evidence relevant to the applicant and supervisory employees, as well as the entertainment proposed, including the nature and location of the proposed entertainment site, if any.

§ 113.09 Permit — Issuance or denial conditions.

[Ord. 1510, 7-18-2007]

The Chief of Police shall issue and deliver written notice to the applicant, and to each City Council member via the City Manager's staff, of his or her order/decision granting, conditionally granting, or denying an application for an entertainment permit. Any such order/decision denying issuance of an entertainment permit shall contain a concise summary of its basis. In addition, the Chief of Police shall direct city staff to post a copy of his or her order/decision at the premises of any entertainment site that is the subject of the application in question. The Chief of Police will use best efforts to effect such issuance and delivery, and to file his or her order/decision as a public record with the City Clerk within five days of the conclusion of the administrative hearing. The Chief of Police's order/decision shall be final unless appealed within ten working days of its issuance, in writing, to the Hearing Officer. Appeals may be made, and shall be governed by the procedures set forth in § 113.10.

The Chief of Police may deny such application if he or she finds and determines any of the following:

The conduct of the establishment or the granting of the application would be contrary to the public health, safety or welfare; or

The premises or establishment is likely to be operated in an illegal, improper or disorderly manner; or

The applicant, or any other person associated with him or her as principal or partner, or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has been convicted in a court of competent jurisdiction of any offense involving the presentation, exhibition or performance of any obscene show of any kind, or of a felony, or has had any approval, permit or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked within the preceding five years; or

That granting the application would create a public nuisance; or

That the normal operation of the premises at an entertainment site would interfere with the peace and quiet of any surrounding residential neighborhood; or

The applicant has made any false, misleading or fraudulent statement of material fact in the required application.

§ 113.10 Appeal procedure.

[Ord. 1510, 7-18-2007]

A permit applicant who has a legal or equitable interest in the Chief of Police's order/decision upon an application for an entertainment permit or a Chief of Police's order/decision suspending or revoking an entertainment permit, or any other person aggrieved by either type of order/decision, may appeal said order/decision. The appeal must be in writing and must be filed with the City Clerk no later than ten days from the date when an applicant receives notice of an adverse Chief of Police order/decision. Failure to make a timely appeal per this section represents an absolute waiver of any appellate rights with respect to the application in question, and the Chief of Police order/decision shall be deemed final and no longer subject to appeal.

Any written appeal as to the Chief of Police's order/decision shall be legible, filed with the City Clerk accompanied by a non-refundable fee in an amount set by resolution of the City Council to cover the administrative costs of the appeal, and state the grounds for such appeal and the specific factual and/or legal errors committed by the Chief of Police in issuing his or her order/decision. An appeal shall contain:

A specific identification of the entertainment site or explanation of the entertainment use to occur at multiple locations;

The names and addresses of all appellants;

A statement of appellant's legal or equitable interest, if any, in the Chief of Police's order/decision;

A statement, in ordinary and concise language, of the specific order or action protested and the grounds for appeal, together with all supporting material facts;

The date upon which the appeal was prepared and the signature of each appellant; and

A verification by at least one appellant, under penalty of perjury, as to the truth of the matters stated in the appeal.

§ 113.11 Permit — Additional conditions authorized.

The City Clerk shall then transmit a copy of the written appeal to the Police Department for presentation to the Hearing Officer in the context of a public hearing to be held within 30 days of the appeal's filing.

(D)

The City Clerk shall mail notice of the time and place of the public hearing on the appeal to the appellant and to the applicant if not identical to the appellant, postage prepaid, no later than ten days prior to the date set for hearing, and shall maintain said notice as a public record of the city. In addition, the City Clerk or his or her designee shall post a copy of the notice of hearing on appeal at the premises of any entertainment site that is the subject of the appeal in question. Said notice of hearing on appeal may also designate certain records of the appellant or applicant required to be produced at the time of the hearing.

(E)

The Police Department's presentation of an appeal to the Hearing Officer shall include: any records of the administrative hearing, copies of all papers submitted, review of any records of the appellant produced at the time of the hearing, copies of any Chief of Police decision/order issued, and a written report from the Chief of Police stating the factual and legal basis upon which any order/decision was reached.

(F)

The Police Department and the appellant may submit any and all evidence believed relevant to the Hearing Officer. The Hearing Officer may require the presentation of additional evidence from either the appellant or the Police Department, or from both. Further, the Hearing Officer may continue the hearing from time to time for the purpose of allowing the presentation of additional evidence. Upon completion of the hearing, the Hearing Officer may take any action with respect to its final order decision as evidence may require. In so doing, the Hearing Officer may approve, reverse or modify, in whole or in part, the order/decision of the Chief of Police as to the entertainment permit in question.

(G)

The City Clerk shall provide written notice of the Hearing Officer's final order decision to the appellant, and to the applicant if not identical to the appellant, within ten days of its issuance. The decision of the Hearing Officer shall be final and conclusive upon all matters in controversy.

(H)

The filing of an appeal as to a suspension or revocation of an entertainment permit shall stay its effectiveness pending a Hearing Officer final order decision as to that appeal. However, during the period of such a stay, the Police Department may impose such additional terms and conditions as to any activity pursuant to an entertainment permit as are deemed necessary to protect the public health, safety and welfare.

[Ord. 1510, 7-18-2007]

The Chief of Police, in granting any entertainment permit, may also impose such reasonable conditions with respect to the use and scope of such permit as may be determined necessary to protect the public health, safety and/or welfare, and to implement the intent and purpose of this chapter.

§ 113.12 Permit — Suspension or revocation, conditions.

[Ord. 1510, 7-18-2007]

Upon notice and administrative hearing, the Chief of Police may suspend or revoke any entertainment permit granted pursuant to this chapter if he or she finds and determines that any entertainment permittee, agent or employee thereof, or any person connected or associated with said permittee as a partner, director, officer, general manager, or other person who is exercising managerial authority of, or on behalf of, the permittee, or any entertainer acting under the authority of such permit:

Made any false, misleading or fraudulent statement of a material fact in the application for permit, or any report or record required to be filed pursuant to this chapter; or

Violated any provision of this chapter, or of any statute, ordinance or condition relating to the permitted activity; or

Is convicted of a felony; or

Violated any rules, regulations or conditions imposed upon the permittee's business or permit; or

Conducted a permitted business in a manner contrary to the peace, health, safety and general welfare of the public; or

Demonstrated a lack of fitness to be trusted with the privileges granted by such a permit.

§ 113.13 Permit — Fees and period of validity.

Any order/decision of the Chief of Police to suspend or revoke an entertainment permit shall be set forth in writing, inclusive of a clear and concise summary of the conduct and/or facts underlying the order/decision, and delivered to the holder of that permit within five days of issuance. Such an order/decision revoking or suspending an entertainment permit shall be final unless appealed to the Hearing Officer in accord with the provisions of § 113.10 of this chapter. Absent a timely appeal, an order/decision suspending or revoking an entertainment permit shall be effective on the eleventh day after its issuance.

[Ord. 1510, 7-18-2007]

The application fee for securing or renewing an entertainment permit, and the fee for filing an appeal as to the issuance, modification, suspension or revocation of an entertainment permit shall be specified, from time to time, by City Council resolution. Each entertainment permit issued or renewed shall be and remain valid through and including the June 30 subsequent to that permit's issuance or renewal, with a term not to exceed one year. An entertainment permit may be renewed annually in accord with § 113.06, within the discretion of the Chief of Police, and shall be effective on or before July 1 of each year after the original permit is approved. Permit renewal shall require an application equivalent to that filed in order to initially secure the original permit. Entertainment permit issuance or renewal fees shall be in addition to any business license fees as may be required by this code.

§ 113.14 Existing entertainment businesses.

[Ord. 1510, 7-18-2007]

All persons engaged in conducting and/or presenting entertainment in the city at the time of this chapter's adoption shall have until October 1, 2007 to file an application for an entertainment permit with the Chief of Police under this chapter. Any new entertainment permits issued pursuant to this section shall have a term that expires June 30, 2008.

§ 113.15 Dances — Security guard requirements.

[Ord. 1510, 7-18-2007]

Any person conducting or presenting entertainment for which an entertainment permit is required, where dancing by the public is allowed and the area where dancing is permitted exceeds 250 square feet, shall, for purposes of patrons' safety, have present during all hours when such dancing is permitted, one or more security employees who are readily identifiable as such by identification badge or nameplate, or one or more state-licensed and uniformed security guards.

The Chief of Police, shall determine whether and how many security employees and/or security guards shall be provided by the permittee.

Conditions pertaining to a permittee's provision of security employees and security guards shall be included in any entertainment permit issued by the city.

§ 113.16 Size of dance floor.

[Ord. 1510, 7-18-2007]

It is unlawful for any person to carry on, conduct, maintain, or assist in carrying on, conducting or maintaining any dance in connection with an entertainment use subject to this chapter's provisions, where alcoholic beverages are sold or served, unless the size of the floor space allocated to dancing is at least 200 square feet.

§ 113.17 Prohibited dancing.

[Ord. 1510, 7-18-2007]

It is unlawful for any person to dance in any entertainment establishment that does not then possess a valid unrevoked entertainment permit as required by this chapter, provided, however, that such person must be first ordered to refrain from dancing and be advised of the reason for such order by the owner, lessee, manager or other person in charge of such establishment or by any police officer.

§ 113.18 Offenses.

[Ord. 1510, 7-18-2007]

No persons conducting any entertainment subject to the provisions of this chapter shall:

Permit or allow any minor under the age of 18 years at or inside an entertainment site, while entertainment is taking place, unless accompanied by a parent or guardian;

Permit or allow any intoxicated, boisterous or disorderly persons to enter, occupy, remain in or dance at an entertainment site;

§ 113.20 Violation — Civil remedies available.

Shut or turn off or reduce the intensity of the lighting in the area used for dancing to such an extent as to provide less lighting or illumination than is customary for rooms or areas of like dimensions or to a degree to make it difficult or impossible to clearly see or identify individuals dancing on the floor provided for dancing;

(D)

Permit any person to dance or permit any music to be played or reproduced by any device between the hours of 2:00 a.m. and 9:00 a.m. of any day;

(E)

No dancing activity authorized by this chapter shall commence prior to 7:00 p.m. or continue beyond 2:00 a.m. of the following morning.

§ 113.19 Administrative citation.

[Ord. 1510, 7-18-2007]

In lieu of handling violations of this chapter as a criminal matter, the city may issue an administrative citation pursuant to Chapter 12 to any person responsible for committing, causing or maintaining a violation of the provisions of this chapter. Nothing in this section shall preclude the city from handling subsequent violations on separate days as a criminal matter.

[Ord. 1510, 7-18-2007]

A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process in any manner provided by law as to nuisance abatement.

§ 113.21 Permit — Nontransferable — Posting.

[Ord. 1510, 7-18-2007]

No entertainment permit shall be sold, transferred, or assigned by any permittee, or by operation of law, to any other person, group, partnership, corporation or any other entity. Any such sale, transfer or assignment or attempt to accomplish same shall be deemed a voluntary surrender of such permit, and such permit shall be thereafter null and void. A permit held by an individual in the name of a corporation or partnership is subject to the same rules of transferability as contained above. A license shall be valid only for the exact location and/or time(s) specified in the permit. Each entertainment permit shall be posted in a conspicuous place in or upon the premises of any entertainment site for which it is issued, and shall be presented to any city official or peace officer upon demand.

§ 113.22 Enforcement.

[Ord. 1510, 7-18-2007]

It shall be the duty of every owner, lessee, proprietor, manager or occupant of any establishment permitted under the provisions of this chapter to have present at all times, when entertainment and/or dancing is being conducted, a qualified person or persons whose duty it shall be to see that the provisions of this chapter are lawfully carried out.

§ 113.23 Sanitation.

[Ord. 1510, 7-18-2007]

No permit shall be granted under the provisions of this chapter with respect to an entertainment site unless the physical premises of said site comply with all applicable provisions of this chapter. The holder of an entertainment permit shall keep the hallways, stairways, rooms and/or passages, if any, leading into, through and/or in the immediate vicinity of an entertainment site in a clean and sanitary condition, adequately lighted and properly ventilated at all times.

§ 113.24 Inspection.

[Ord. 1510, 7-18-2007]

Any peace officer of the county or of the state, or any officer of the United States Government charged with the duty of enforcing the public laws of the United States Government, shall have access at all times to any entertainment site in use under the provisions of this chapter for the purpose of making any inspection.

§ 113.99 Penalty.

[Ord. 1510, 7-18-2007]

It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership or corporation violating any provision of this chapter, or failing to comply with any of its requirements, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $1,000 or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.