"Bona fide nonprofit organization"
shall mean any fraternal, charitable, religious, benevolent, or other nonprofit organization having a regular, established membership which is exempt from taxation under the Internal Revenue laws of the United States as a fraternal, charitable, religious, benevolent, or nonprofit organization.
"Cultural performance venue"
shall mean any place or location which: provides live music every day the place or location is open as an underage dance; is available for rental for other cultural activities by others than the owner or operator of the place or location at least four days of each calendar week for at least 50 weeks each calendar year and is actually rented at least 50 days a calendar year for such cultural activities conducted by others than the owner or operator of the place or location; includes lighting, stage, seating, and other fixtures allowing cultural performances; and has as its primary purpose the presentation to patrons of live performances of cultural activities and not the dancing of patrons. A cultural performance venue includes the business premises in which an underage dance is conducted, operated, or maintained including but not limited to hallways, bathrooms, and other areas readily open and accessible to the patrons of the underage dance such as parking lots and other adjoining areas.
"Permittee"
means a person to whom a permit to operate a teen nightclub or a cultural performance venue has been issued.
"Teen nightclub"
means any place, location, or premises which is not a cultural performance venue at which an underage dance is conducted, operated, or maintained, including but not limited to hallways, bathrooms, and other areas readily open and accessible to the patrons of the underage dance, such as parking lots and other adjoining areas.
"Teen Nightclub Law"
means AMC Chapter 10.55.
"Underage dance"
means an activity or entity which is open to the general public, provides music, has a dance floor or area set aside where patrons can dance, permits the entry of persons 20 years old or younger, and requires a monetary payment or other form of contribution from any of the persons admitted.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-10-1996; AO No. 2003-55, § 1, 4-8-2003)
A. 
Beginning 120 days after October 1, 1996, a teen nightclub or cultural performance venue may not be operated, conducted, or maintained within the Municipality of Anchorage unless the person who is conducting or operating such establishment as first obtained a permit from the municipal clerk in accordance with the requirements of the Teen Nightclub Law.
B. 
Exceptions. Notwithstanding any other provision of law, a person shall not be required to obtain a permit for a teen nightclub or a cultural performance venue for any of the following activities or entities:
1. 
Underage dances limited to the entry of fewer than 50 persons in a period of 12 consecutive hours;
2. 
Underage dances sponsored by accredited educational institutions and held under the direct supervision of school authorities; or
3. 
Underage dances sponsored by bona fide nonprofit organizations, which limit admissions to members and guests and which use revenue accruing from admissions exclusively for the benevolent purposes of said organization.
4. 
Underage dances, or cultural performance venues, sponsored and supervised by the municipality.
C. 
Notwithstanding any other provision of law, on October 1, 1996 the provisions of the Teen Nightclub Law unrelated to whether a teen nightclub or a cultural performance venue has a permit apply to a teen nightclub and a cultural performance venue and to the owners, operators, managers, and employees of a teen nightclub or a cultural performance venue which does not fit within an exception described in subsection B of this section. Such provisions applying whether or not a teen nightclub or a cultural performance venue has a permit specifically include the requirements for security personnel under Section 10.55.045; restriction on admission of persons under 16 years of age, identification requirements, and rights of parents and legal guardians to prohibit patronage by person under 18 years of age under Section 10.55.050; hours of operation under Section 10.55.055; access for police officers under Section 10.55.060; alcohol and tobacco under Section 10.55.070; duty to report intoxicated persons under Section 10.55.075; maintenance of regulated business activity in violation declared a nuisance and abatement under Section 10.55.085; authority of municipal clerk to adopt regulations, procedures, and forms under Section 10.55.090; administrative procedure and review under Section 10.55.095; penalties and prosecution under Section 10.55.100; and fine schedule under Section 14.60.030.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996; AO No. 2003-55, § 2, 4-8-2003)
A. 
Applications submitted for permits shall set forth the following information on the forms obtained from the municipal clerk:
1. 
The name, address, telephone number, birth date, and principal occupation of the applicant and any other person who will be directly engaged or employed in the management or operation of the business or the proposed business;
2. 
The name, address, and telephone number of the business or proposed business;
3. 
The name and address of the owner of the premises upon which the teen nightclub or cultural performance venue is, or will be, located;
4. 
A statement describing the measures which will be used to provide adequate traffic control, parking, distance from residential buildings, and crowd protection, both within and without the premises;
5. 
Proof of insurance for the premises and the business, in compliance with AMC Section 10.55.065;
6. 
A statement from the applicant that the premises are in compliance with the Anchorage Municipal Code and a statement that the applicant will, in the conduct and operation of the teen nightclub or cultural performance venue comply with all laws, including, but not limited to, the noise control regulations;
7. 
If the applicant has ever had any license or permit revoked or suspended, the reasons therefore, and the business activity or occupation of the applicant subsequent to the suspension or revocation;
8. 
The applicant's business license number, and the expiration date of such business license;
9. 
Such other relevant information as the municipal clerk may require;
10. 
An oath or affirmation that the information provided on the application is true; and
11. 
A statement whether the applicant seeks a permit for teen nightclub or a cultural performance venue, and any evidence to show that the applicant can qualify for a permit as a cultural performance venue under AMC Section 10.55.005B.
B. 
If the business or proposed business is the undertaking of a partnership or corporation, the application shall provide the following information, as well as the information required in subsection A:
1. 
If a partnership, the application shall set forth the names, birth dates, addresses, telephone numbers, and principal occupations, along with all other information required of any individual applicant, or each partner, whether general, limited, or silent, and the respective ownership shares owned or controlled by each.
2. 
If a corporation, the application shall set forth the corporate name, copies of the articles of incorporation and the corporate by-laws, and the corporate address, telephone numbers, and the principal line of business. The corporate application shall also include information required of any individual applicant for all corporate officers and directors, together with such information for any shareholders owning more than five percent of the corporation's outstanding shares and the number of shares held by each shareholder.
C. 
Applications for a permit must be submitted at least 90 days before any scheduled opening or operation of the teen nightclub or cultural performance venue.
D. 
The municipal assembly shall review annually the decisions of the municipal clerk to issue, renew, and deny teen nightclub permits and permits for cultural performance venues.
E. 
The burden of proof shall be on the applicant as to the question whether the applicant qualifies for a permit as a cultural performance venue.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996)
Every person engaged in, conducting, or operating a teen nightclub or cultural performance venue shall:
A. 
For a teen nightclub permit or a cultural performance venue permit, file an application with the municipal clerk and pay a nonrefundable fee of $200.00.
B. 
For renewal of a teen nightclub permit or a cultural performance venue permit file an application with the municipal clerk and pay a non-refundable fee of $100.00.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996)
A. 
Upon receipt of an application for a teen nightclub permit or cultural performance venue permit and receipt of the required fee, the municipal clerk shall promptly provide a copy of the application to the chief of police and to the community council representing the neighborhood in which the teen nightclub or cultural performance venue is proposed to be located. The chief of police shall conduct an investigation of the applicant and prepare a recommendation for the municipal clerk regarding the application including, but not limited to, the adequacy of proposed crowd control. The municipal clerk may hold a hearing before granting or denying a permit. Hearings under this chapter may, at the option of the municipal clerk, be conducted by an administrative hearing officer designated by the municipal clerk. If the municipal clerk refers such matter to an administrative hearing officer, the administrative hearing officer shall conduct the hearing and prepare findings and conclusions. These findings and conclusions shall be forwarded to the municipal clerk for adoption, rejection, or modification and issuance of a final order or decision by the municipal clerk. Any hearing conducted pursuant to this subsection shall be conducted in accordance with AMC Chapter 3.60. The municipal clerk may designate the municipal administrative hearings officer referenced in Title 14 of the Anchorage Municipal Code to conduct a hearing held pursuant to this subsection. The municipal clerk shall issue the permit within 90 days of the date the application was received if no cause for denial exists.
B. 
The municipal clerk shall deny an application for a teen nightclub or cultural performance venue permit after determining that:
1. 
The applicant or any of the applicant's officers, directors, partners, operators, employees, or any other person involved in the operation of the teen nightclub or cultural performance venue has been convicted within the last ten years of:
a. 
Any felony assault, battery, or other offense against the person;
b. 
Any offense involving prostitution or controlled substances:
c. 
Any offense involving tobacco;
d. 
Any offense involving providing liquor to a person under the legal serving age, providing liquor to any visibly intoxicated person, or allowing alcohol on premises where alcohol is prohibited; or
e. 
Any offenses against children, including but not limited to any sexual offenses, endangering the welfare of a minor under AS 11.51.100, or contributing to the delinquency of a minor under AS 11.51.130;
2. 
The location for which the application has been filed has a history of persistent problems, either in the premises proposed to be licensed or involving patrons of the establishment in the immediate vicinity of such premises. "Persistent problems" shall include but are not limited to: obtrusive or excessive noise, music, or sound vibrations; public intoxication; fights; harassment; altercations; unlawful drug sales; litter; trespassing on private property; curfew violations; or use of tobacco by persons under the legal age. Histories of persistent problems from premises currently or previously operated by the applicant may be considered when reasonable inference can be made that similar activities will occur as to the premises proposed to be licensed. The applicant may overcome the history by showing that the problems are not serious or persistent, or by demonstrating an ability and willingness to control adequately the premises and patrons' behavior in the immediate vicinity of the premises;
3. 
The applicant has not committed any act which, if committed by a permittee, would be grounds for the suspension or revocation of a teen nightclub permit or cultural performance venue permit;
4. 
The applicant has previously been denied a permit under the provisions of the Teen Nightclub Law, provided, however, that any applicant denied a permit may reapply if the basis for such denial no longer exists;
5. 
The applicant or any person who will be directly engaged in the management or operation of the business, or any person who owns a five percent or more interest in the business, has previously owned or operated a teen nightclub or a cultural performance venue and the permit for such business has been revoked;
6. 
The operation as proposed by the applicant would not comply with all applicable requirements of the Anchorage Municipal Code, including but not limited to building, health, planning, zoning, and fire codes of the municipality and those restrictions on location set out in AMC Section 10.55.055B;
7. 
The applicant does not have a current business license;
8. 
The applicant has not filed or paid taxes imposed by the municipality;
9. 
The operation puts the health, safety, and welfare of persons under 20 years of age at risk; or
10. 
Any statement in the application is found to be false or any required information is withheld.
C. 
Denial of an application for a teen nightclub or cultural performance venue permit may be appealed by following the procedures under section 10.10.045.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996; AO No. 2003-55, § 4, 4-8-2003)
Any teen nightclub permit or cultural performance venue permit issued under the provisions of the Teen Nightclub Law shall be valid for only a single permittee and a single location. Permits shall not be transferable to other locations or to other persons under any circumstances.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996)
Teen nightclub permits and cultural performance venue permits shall expire one year after the issuance of the permit.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996)
All permittees shall ensure that an adequate number of qualified security personnel are employed and in attendance upon teen nightclub premises and cultural performance venue premises to maintain order and ensure compliance with the laws of the state and ordinances of the municipality. For purposes of this section, there is no "adequate number of qualified security personnel" unless there is at least one security person for each 45 persons actually on the business premises of a teen nightclub or cultural performance venue as defined in AMC Section 10.55.005. No person serving food or drinks or managing a teen nightclub or cultural performance venue can be counted as a "security person" for purposes of this section. The minimum age for such security personnel shall be 21 years of age.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996; AO No. 2003-55, § 5, 4-8-2003)
A. 
No person conducting or operating a teen nightclub shall allow, either by act or omission, any person under the age of 16 years to enter or remain on the premises. No person having charge or control of any teen nightclub shall allow any person under the age of 18 years to enter or remain on the premises after receiving a written notice signed by the parent or legal guardian of such teenager which requests that said teenager be prevented from entering the premises.
B. 
No person conducting or operating a teen nightclub shall allow, either by act or omission, any person 20 years or older to enter or remain upon the premises, except: a parent or guardian accompanying a person under the age of 18 years; bona fide employees or compensated independent contractors of the permittee or security personnel as required under Section 10.55.045; and governmental employees in the performance of their duties.
C. 
Teen nightclub operators shall ascertain the correct legal age of all persons seeking admission. Any person who does not meet the age requirements of this section shall be excluded from admission. The teen nightclub operator shall require proof of age from each patron before allowing the patron to enter the teen nightclub. Such proof of age shall be established by identification issued by the patron's school or a governmental agency such as the state division of motor vehicles. Such proof of age must contain, at a minimum, the patron's name, the patron's date of birth, and a picture of the patron taken within the preceding two years.
D. 
Signs announcing the ages of patrons allowed in the teen nightclub or the cultural performance venue shall be posted in conspicuous places inside and outside the teen nightclub or cultural performance venue.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996; AO No. 2003-55, § 3, 4-8-2003)
A. 
No teen nightclub or cultural performance venue shall be conducted or operated during curfew hours as defined in AMC Section 8.75.060 unless each patron remaining or attempting to enter the premises of the teen nightclub or cultural performance venue is 17 years of age or older or, if under 17 years of age, has the consent of his or her parent or guardian.
B. 
No permit for a teen nightclub or cultural performance venue shall be granted for any location within 150 feet of a residential dwelling, unless such teen nightclub or cultural performance venue was an existing use at the same location on October 1, 1996. Any application for a permit or renewal of a permit shall contain a certification from the department of community planning and development that the foregoing requirements are met. A teen nightclub or cultural performance venue permit shall be issued only if the municipal clerk finds the teen nightclub or cultural performance venue operation at the proposed location:
1. 
Will be compatible with existing and planned land uses in the surrounding neighborhood and the intent of its zoning district use; and
2. 
Will not have a permanent negative impact on the items listed in this subsection substantially greater than that anticipated from permitted development:
a. 
Pedestrian and vehicular traffic circulation, parking and safety;
b. 
The demand for and availability of public services and facilities;
c. 
Noise, air, water or other forms of environmental pollution;
d. 
Public safety and security;
3. 
The municipal clerk may request comments and information from other municipal departments to form a basis for his or her decision to issue or not issue the permit.
C. 
A copy of the permit required pursuant to this chapter must be posted in a conspicuous place inside the teen nightclub or cultural performance venue. The place the copy of the permit is posed must be visible to any patron of the establishment.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996; AO No. 2001-74(S), § 2, 4-17-2001)
Upon presentation of official identification, any representative of the Anchorage Police Department may enter and inspect the public area of business premises of any teen nightclub or cultural performance venue to ensure compliance with the law. Any such inspection shall be authorized to occur only during the normal business hours of the teen nightclub or cultural performance venue.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996)
A. 
Before obtaining a teen nightclub permit or cultural performance venue, the permittee shall secure and maintain during the full term of the permit, general comprehensive liability insurance issued by one or more companies authorized to do business in the state. The insurance shall be subject to the reasonable approval of the risk manager of the municipality as for form and amount.
B. 
The limits of the insurance shall be subject to any statutory changes as to the maximum limits of liability on municipalities of the state during the term of the permit.
C. 
The permittee shall deliver to the municipal clerk a copy of all policies required under this provision and all endorsements thereto or other evidence to the reasonable satisfaction of the municipal clerk that the permittee has secured or renewed and is maintaining insurance as required by this section.
D. 
The "ACCORD" form of certification of insurance shall not be acceptable as satisfactory evidence of insurance under this section unless the following changes are made on such form:
1. 
Any wording on the form stating "This certificate is issued as a matter of information only and confers no rights upon the certificate holder," or to such effect, shall be deleted in its entirety.
2. 
Any wording on the form stating: "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail 30 day written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation of any kind upon the company," or to such effect, shall be changed to read: "Should any of the above described policies be canceled, reduced as to coverage, or otherwise changed before the expiration date thereof, the issuing company shall provide written notice of such action to the Municipal Clerk."
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996)
No teen nightclub or cultural performance venue may allow the sale of tobacco or the use of tobacco by anyone under legal age to use tobacco. No teen nightclub may allow the sale, consumption, or possession of beer, wine, or any other alcoholic beverages on the premises. No person shall be admitted to a teen nightclub or cultural performance venue who is under the influence of intoxicants.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996)
The management of any teen nightclub or cultural performance venue shall contact the Anchorage Police Department and file a report if any person under the age of 21 years of age is found or discovered on the premises of any teen nightclub or cultural performance venue showing evidence or symptoms of being intoxicated as a result of ingesting alcohol or any controlled substances. Notices shall be prominently posted on or near all public telephones on the premises of all teen nightclubs or cultural performance venues. Such notices shall state the Anchorage Police Department's telephone number and ask all patrons to contact the Anchorage Police Department if management neglects, fails, or refuses to report any intoxicated patrons. The notice shall be a form prepared by the Anchorage Police Department.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996)
A. 
The municipal clerk may suspend or revoke any teen nightclub or cultural performance permit upon a finding that any one or more of the following conditions exists:
1. 
The permit was procured by fraud or false representation or omission of material fact in the application;
2. 
The permittee, or any officer, director, employee, agent, partner, or shareholder thereof, knowingly has made any false statement or given any false information in connection with a permit application or renewal of a permit;
3. 
The permittee, or any officer, director, employee, agent, partner, or shareholder thereof, has knowingly allowed or permitted:
a. 
A crime involving prostitution, lewd conduct, or assault on a juvenile to occur in or upon the premises;
b. 
Any act of or solicitation for sexual intercourse, sodomy, or oral copulation to be committed in or upon the premises;
c. 
The unlawful smoking of tobacco, the unlawful possession of any weapon, or the unlawful possession, consumption, or sale of alcohol and/or controlled substance in or upon the premises; or
d. 
Any person to remain on the premises:
i. 
Who appears to be under the influence of, or affected by the use of alcohol or any controlled substance; or
ii. 
Whose conduct poses a physical danger to the safety of other patrons;
4. 
The permittee, or any officer, director, employee, agent, partner, or shareholder thereof, has violated any of the provisions of the Teen Nightclub Law or committed any act which is grounds for denial of a permit issued pursuant to the Teen Nightclub Law;
5. 
The building, structure, equipment, location, or business premises does not comply with the requirements, or fails to meet the standards, of applicable health, zoning, building, or fire and safety laws of the state of the municipality;
6. 
The permittee has failed to maintain a current business license;
7. 
The permittee, or any officer, director, employee, agent, partner, or shareholder thereof, has allowed, either by act or omission, a teen nightclub or cultural performance venue to be operated outside the curfew hours established in AMC Section 8.75.060 while persons subject to AMC Section 8.75.060 are patrons; or
8. 
Any of the reasons set forth in AMC Section 10.10.035.
B. 
The municipal clerk, in revoking or suspending any permit, shall follow the procedure set forth in AMC Section 10.10.040. In deciding whether to revoke or suspend a permit, the clerk may consider remedial measures taken by the permittee. A permittee may appeal a revocation or suspension under the procedures set forth under AMC Section 10.10.045.
C. 
If a teen nightclub or cultural performance venue is being operated in violation of this section or without the required permit, the municipal clerk or any police officer may issue a cease and desist order provided that the person receiving the notice is given notice that he or she may request a hearing. Except in the event of an immediate suspension or restriction under AMC Section 10.10.040B, a cease and desist order shall direct that the facility cease to operate as a teen nightclub or cultural performance venue within seven days unless a request for hearing on the cease and desist order is received by the clerk prior to the expiration of the period of seven days. If a timely request for hearing on the cease and desist order is received, the municipal clerk shall conduct a hearing in accordance with AMC Chapter 3.60. Hearings before the municipal clerk may, at the option of the municipal clerk, be conducted by an administrative hearing officer designated by the municipal clerk. If the municipal clerk refers such matter to an administrative hearing officer, the administrative hearing officer shall conduct the hearing and prepare findings and conclusions. These findings and conclusions shall be forwarded to the municipal clerk for adoption, rejection, or modification and issuance of a final order or decision by the municipal clerk. The municipal clerk may designate the administrative hearings officer referenced in Title 14 of the Anchorage Municipal Code to hold a hearing referenced in this subsection.
D. 
The filing of a request for hearing shall stay the effective date of the action by the clerk until the clerk or his or her designee under AMC Chapter 3.60 issues a final order or decision, except that the effective date of a suspension or restriction under AMC Section 10.10.040B shall not be stayed.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996; AO No. 2001-74(S), § 2, 4-17-2001)
Any teen nightclub or cultural performance venue operated in violation of the provisions of the Teen Nightclub Law is hereby declared a public nuisance. The municipal attorney is authorized to bring any action or suit to abate the public nuisance by seeking injunctive or other appropriate relief to cease all unlawful activities or close the unlawful operation.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996)
Review of the grant, denial, renewal, non-renewal, suspension, or revocation of a license shall be in accordance with AMC Sections 10.10.035 through 10.10.045 and AMC Chapter 3.60. An appeal to superior court under this subsection shall not result in a stay of the decision or order appealed unless a court of competent jurisdiction orders such a stay.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996)
Any person, partnership, or corporation which is found to have violated this chapter shall be fined a definite sum not exceeding $300.00, unless a person is convicted under AMC Section 10.55.105. Violations of this section may be heard either by the district court or by the administrative hearing officer pursuant to Title 14 of the Anchorage Municipal Code.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996)
If any provisions of this chapter is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other provisions of this chapter.
(AO No. 96-51(S-1), § 1, 8-1-1996; AO No. 96-126(S), § 1, 10-1-1996)