Chapter 6.20
ENTERTAINMENT
Sections:
6.20.010 Definitions.
6.20.020 Permit – When required.
6.20.030 Application.
6.20.040 Fee.
6.20.050 Investigation.
6.20.060 Issuance.
6.20.070 Denial – Appeal.
6.20.080 Conditions imposed by city manager.
6.20.090 Duration and renewal.
6.20.100 Nontransferable.
6.20.110 Posting of permit.
6.20.120 Revocation.
6.20.130 Administration.
6.20.140 Location and type of entertainment.
6.20.010 Definitions.
As used in this chapter:
Entertainment means every form of live or film entertainment, music, band or orchestra, act, play, burlesque show, review, pantomime, scene, song or dance, or performance participated in by a person for the purpose of gaining or holding the attention or interest of, or diverting or amusing a guest or patron. (1991 code § 6-21.1)
6.20.020 Permit – When required.
A. No person may provide entertainment in any place where food or beverages are served which is open to the public unless the person first obtains a permit to do so from the city manager.
B. A permit is not required for the following:
1. A radio or music recording machine or jukebox, or television set;
2. Entertainment provided for members at a private club where admission is not open to the public;
3. Entertainment conducted or sponsored by a bona fide, nonprofit club or association organized for charitable, religious, dramatic, or literary purposes and having an established membership which holds a meeting other than entertainment at regular intervals, so long as the proceeds from the entertainment are used solely for the purpose of the club or association;
4. Entertainment conducted or sponsored by a public agency;
5. Motion picture theater. (1991 code § 6-21.2)
6.20.030 Application.
An applicant for an entertainment permit shall file a written application with the city manager for a permit to conduct entertainment. The application shall specify:
A. The name and permanent address of the applicant and each person having an interest in the ownership, management and use provision of the business;
B. A description of the entertainment;
C. The date, hours and location where the entertainment is proposed;
D. The name of all persons having the management or supervision of applicant’s business;
E. Applicant’s residence for the preceding five years;
F. A statement of the nature and character of applicant’s business to be carried on in conjunction with the entertainment;
G. Such other information as the city manager considers necessary. (1991 code § 6-21.3)
6.20.040 Fee.
The fee for filing an original application is set by city council resolution. If application is not received within 30 days after opening of business or by January 31st of each year, a 20% penalty per month will be levied with a maximum of 100%. (1991 code § 6-21.4)
6.20.050 Investigation.
Upon receipt of an application for a permit, the city manager shall have the chief of police investigate and determine the character of the real party in interest, the nature of the entertainment and whether or not the place where it is proposed is a proper one. (1991 code § 6-21.5)
6.20.060 Issuance.
A. The city manager shall grant the permit if he or she finds that all of the following conditions exist:
1. The application is completed and filed as required;
2. The operation of the applicant will be carried on in a building which complies with all applicable health, zoning, parking, fire, and building and safety requirements;
3. The applicant, his or her employees and each person connected with or associated with the applicant as a partner, director, officer, stockholder, or manager has not been convicted of, within the previous five years (including pleading nolo contendere), an offense involving any of the following:
a. A crime requiring registration under Penal Code section 290;
b. A violation of Penal Code sections 311.2 and 311.4 through 311.7;
c. Violation of Penal Code sections 313.1 through 313.5;
d. Violation of Penal Code section 647, paragraph a, b, or d;
e. Violation of Penal Code sections 315, 316, or 318;
f. A crime involving the use of force or violence on another; or
g. The maintenance of a nuisance in connection with the same or similar business operation;
4. The applicant has not knowingly made false statements on an application for a permit;
5. The applicant has not permitted the presentation of a lewd exhibition, performance, or motion picture within prior business operations;
6. The applicant has not had a similar permit previously revoked for good cause within the last year, unless the applicant shows a material change in circumstances since the date of revocation.
B. Within 30 days after the application is filed, the city manager shall either issue the permit or notify the applicant in writing of his or her decision not to issue the permit. However, the city manager may extend for an additional period of 30 days the time within which he or she is required to act, if for any reason he or she is unable to act within the initial 30-day period.
C. The city manager’s decision is final 15 days from the date the city manager mails notice of his or her decision. (Amended during 2005 recodification; 1991 code § 6-21.6)
6.20.070 Denial – Appeal.
A. A person aggrieved by the decision of the city manager may appeal the decision by filing with the city council a written request for review within 10 days from the date the city manager gives notice of his or her decision.
B. The city manager shall fix a time and place for the hearing of the appeal and shall have written notice of the hearing given to the applicant by certified mail, postage prepaid. The city council shall make its decision within 30 days after it closes the hearing. The decision of the city council is final. (Amended during 2005 recodification; 1991 code § 6-21.7)
6.20.080 Conditions imposed by city manager.
The city manager may impose such conditions on the permit as in his or her opinion are necessary for the protection of the public peace, health, safety and the general welfare, including such additional police protection as may be required to be provided and paid for by the permittee for the purpose of enforcing this section. (1991 code § 6-21.8)
6.20.090 Duration and renewal.
A permit is valid during the calendar year issued. A person holding a permit and who desires a renewal for the following calendar year shall, not later than 30 days before the expiration of the calendar year for which a permit is issued, file an application for renewal of the permit. The application shall be upon a form prescribed by the city manager. The city manager may deny the application for renewal upon the same ground for which he or she may deny an original application. The city manager shall make his or her decision before the beginning of the calendar year for which the renewal permit is sought. (1991 code § 6-21.9)
6.20.100 Nontransferable.
A permit issued hereunder is not transferable. (1991 code § 6-21.10)
6.20.110 Posting of permit.
The holder of a permit shall post a copy of this chapter and the permit in a conspicuous place on the premises where the entertainment is being conducted at all times during the period entertainment is conducted. (1991 code § 6-21.11)
6.20.120 Revocation.
A. If, during the time a person holds a permit, the city manager finds that grounds exist for which an original application could be denied, the city manager shall revoke the permit. In revoking the permit, the city manager shall give the applicant 10 days’ notice in advance of the effective date of the revocation by mailing notice of revocation by first class mail, postage prepaid, to the applicant at his or her address as shown on the application.
B. A person aggrieved by the action of the city manager in revoking an entertainment permit may appeal the action to the city council. The appeal shall be filed within 10 days of the effective date of revocation. The procedure for appeal is the same as the procedure in appealing a denial of a permit set forth in PHMC § 6.20.070. During the appeal, the permit is suspended and no person may permit or conduct entertainment. (1991 code § 6-21.12)
6.20.130 Administration.
A. The permittee shall admit any member of the police department free of charge for the purpose of ensuring conformity with the permit and rules, regulations and conditions applicable to it. A police officer may require an entertainer to identify himself or herself by his or her name, age and address.
B. At the request of the city manager, the permittee shall furnish the city manager the following information concerning each entertainer employed: name, age, address, a recent photograph, a personal description and such other reasonable information as to the identity or character of the person or persons as the city manager considers necessary. (1991 code § 6-21.13)
6.20.140 Location and type of entertainment.
The permittee shall conduct or permit entertainment activity only at the location specified in the permit and shall conduct or permit only the type of entertainment specified in the permit. (1991 code § 6-21.14)