Chapter 5.61
PUBLIC ENTERTAINMENT GENERALLY
Sections:
5.61.020 Entertainment permit required.
5.61.050 Application contents.
5.61.070 Duration of permit/renewal.
5.61.080 Transfer of permit prohibited.
5.61.090 Investigation and action on application.
5.61.120 Appeal from denial of permit.
5.61.130 Suspension and revocation of permit.
5.61.140 Notice and hearing for suspension and revocation.
5.61.150 Emergency suspension of permit.
5.61.160 Rules and regulations.
5.61.010 Definitions.
For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases hereafter set forth shall have the meanings given them in this section.
(a) “Entertainment” means:
(1) Any act, play, review, pantomime, scene, dance, or song and dance act, poetry recitation, fashion or style show conducted or participated in by any professional entertainer or non-professional person in or upon any premises to which the public is admitted; or
(2) Any form of live music, live vocal, karaoke machine or instrumental sound, performed by one or more persons or disk jockey, and whether or not such person or persons are compensated for such music, and whether or not occurring in a main room or a private booth; or
(3) A machine, or electronic device, providing musical accompaniment and lyrics to songs whereby individuals sing along to the music with the help of a microphone attached to the machine which amplifies the singer’s voice, or lyrics are generated by the machine to the singer on an electronic monitor.
(b) “Place of entertainment” means a place whether public or private, open to members of the public, with or without charge, in which entertainment is offered or performed.
(c) “Chief of Police” and/or “City Manager” includes the grant of authority to their respective designee to exercise the discretion provided in this chapter. (Ord. 1748 § 2, 2-15-00).
5.61.020 Entertainment permit required.
No person shall conduct or allow the conduct of any act of entertainment in any place of entertainment as the owner or operator of such place, without first obtaining a permit, in the manner set forth in this chapter. (Ord. 1748 § 2, 2-15-00).
5.61.030 Permit exceptions.
The provisions of this chapter shall not apply to entertainment conducted in connection with a regularly established theme park, recreation park, circus, fair ground or entertainment conducted upon City, Redevelopment Agency, Housing Authority or Stadium Authority owned or operated property. (Ord. 1748 § 2, 2-15-00; Ord. 1883 § 1, 4-19-11).
5.61.040 Permit fees.
The applicant for an entertainment permit shall submit with the application a fee as established from time to time by resolution of the City Council. This fee is in addition to any business tax required pursuant to Chapter 3.40 SCCC. (Ord. 1748 § 2, 2-15-00).
5.61.050 Application contents.
(a) Except as otherwise provided, an application for a permit pursuant to the provisions of this chapter shall specify:
(1) The type of ownership of the business, i.e., whether individual, partnership, corporation, association, a closely held corporation, or any other type of business organization. If the applicant is a closely held corporation, the nature of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the state and date of incorporation and the names and residential addresses of each of its current officers and directors, and the name and address of the agent for service of process;
(2) The name under which the business is to be conducted;
(3) The telephone number and complete address of the business and/or any post office box or other location where business correspondence is received;
(4) The name, address, telephone and pager number of the manager of the business;
(5) The exact nature of the proposed business for which the permit is requested;
(6) A statement in detail of the kind of entertainment which is to be conducted on the premises;
(7) The hours of operation;
(8) A description of security measures available if guests become unruly;
(9) A dated statement signed by the applicant certifying under penalty of perjury that the information provided by the applicant is true and correct; and
(10) The following personal information concerning the applicant, if an individual; and concerning each officer and each director, if the applicant is a closely held corporation; and concerning each partner, including limited partners, having an ownership interest in the business of more than ten percent, if the applicant is a partnership; and concerning the manager or other person in charge of the operation of the business:
(A) Name, complete current residential address and residential telephone numbers;
(B) If the person has resided at the current residential address for less than three years, the previous addresses immediately prior to the present address of the applicant for the last three years;
(C) Birth date, height, weight, color of hair and eyes, and gender;
(D) Photograph in a form acceptable to the Chief of Police;
(E) The business history experience, including but not limited to, whether or not the person in previously operating in this or another city, county or state under a permit or license has had a permit or license denied, revoked or suspended and the reasons therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation;
(F) Except for misdemeanor traffic violations or infractions, all criminal convictions and the jurisdiction in which the conviction occurred, and the circumstances thereof;
(G) One set of fingerprints in a form acceptable to the Chief of Police.
(b) An application shall not be deemed complete until all the information required in subsection (a) of this section has been provided to the Chief of Police and required fees and any applicable business tax required pursuant to Chapter 3.40 SCCC has been paid. (Ord. 1748 § 2, 2-15-00).
5.61.060 Notice of change.
Whenever any change occurs relating to the written information required by SCCC 5.61.050, the applicant or permittee shall give written notification of such change to the Police Department within twenty (20) calendar days after such change occurs. Notices affecting legal rights of the applicant or permittee will be sent pursuant to the information submitted to the City. Consequently it is imperative the City be given current, accurate information by the applicant or permittee. (Ord. 1748 § 2, 2-15-00).
5.61.070 Duration of permit/renewal.
(a) The permit shall expire one year after the date of issuance; provided, however, such permits may be renewed for additional periods of one year. After the date of expiration, any permit activities conducted with an expired permit shall be in violation of the provisions of this chapter.
(b) No permit may be renewed unless:
(1) An application for renewal of the permit, together with the permit fee, is filed within thirty (30) calendar days prior to the expiration date of the current permit; and
(2) The permittee meets all of the requirements of this chapter. (Ord. 1748 § 2, 2-15-00).
5.61.080 Transfer of permit prohibited.
Permits issued under the provisions of this chapter shall not be sold, assigned or transferred. Any violation of this section shall be grounds for the revocation of such permit, and the assignee of such permit shall have no right to conduct any entertainment pursuant to any such assigned permit. (Ord. 1748 § 2, 2-15-00).
5.61.090 Investigation and action on application.
(a) Upon receipt of a completed application and payment of the permit fees, the Chief of Police, shall immediately stamp the application as received and promptly investigate the information contained in the application, according to the terms of this chapter, to determine whether the applicant shall be issued an entertainment permit.
(b) Within thirty (30) calendar days of receipt of the completed application, the Chief of Police shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:
(1) The Chief of Police shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.
(2) If the application is granted, the Chief of Police shall attach to the application an entertainment permit.
(3) If the applicant is denied pursuant to SCCC 5.61.110, or another section of this chapter, the Chief of Police shall attach to the application a statement of the reasons for denial.
(4) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application. (Ord. 1748 § 2, 2-15-00).
5.61.100 Approval of permit.
After investigation, the Chief of Police shall approve the application for the entertainment permit, or renewal of such permit, if it is found:
(a) A completed written application has been filed; and
(b) The required fees have been paid; and
(c) As a result of the investigation, the applicant has met all the applicable provisions of this chapter, and the entertainment rules and regulations established by resolution; and
(d) That the operation by the applicant will be conducted in a building, structure and location which complies with and meets all of the health, zoning, fire, building and safety requirements and standards of the laws of the State of California, ordinances, and resolutions of the City of Santa Clara applicable to such business operations. (Ord. 1748 § 2, 2-15-00).
5.61.110 Denial of permit.
An application for a permit may be denied by the Chief of Police, upon any of the following grounds:
(a) Conviction of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business, profession or trade for which the permit was issued;
(b) Conviction of a felony within the previous five years;
(c) Conviction for commission of acts involving dishonesty, fraud, or deceit with the intent to substantially benefit the applicant or another, or substantially injure another;
(d) Commission of acts which would constitute a felony, or which would constitute a crime, if the crime is substantially related to the qualifications, functions, or duties of the business, profession or trade for which the permit was issued;
(e) Knowingly making a false statement of fact or omitting a fact required to be revealed in an application for the permit, or in any amendment or report or other information required to be made;
(f) The premises in which the permitted activity will occur or the proposed use for which the permit is sought is in violation of any building, zoning, health, safety, fire, police or other provision of this Code or of County, State or Federal law which substantially affects the public health, welfare and safety;
(g) The applicant, or permittee has owned or leased premises that have been the subject of an administrative, civil or criminal nuisance abatement action or administrative determination finding the premises to be a nuisance within the past five years;
(h) Employing or otherwise contracting for the services of a manager whose ownership/management application or permit has been denied or revoked either by the City or another public jurisdiction within the past five years;
(i) A prior permit application has been denied or suspended by the City, or any State, County or local agency, on one or more of the above grounds, within one year prior to the date of the current application, unless the applicant has shown a material change in circumstances since the date of revocation/suspension;
(j) A permit issued by the City, or any State, County or local agency, has been revoked or suspended within the previous five years prior to the date of the current application;
(k) Violation of the terms and conditions of the permit, or other requirements of this chapter, or the entertainment rules and regulations established by City Council resolution. (Ord. 1748 § 2, 2-15-00).
5.61.120 Appeal from denial of permit.
The decision of the Chief of Police to deny the application for an entertainment permit may be appealed in accordance with the procedures set forth in Chapter 2.115 SCCC. (Ord. 1748 § 2, 2-15-00; Ord. 2007 § 12, 11-19-19).
5.61.130 Suspension and revocation of permit.
The Chief of Police shall have the power to suspend or revoke an entertainment permit issued under this chapter, on any of the grounds stated in this chapter, or on any of the following grounds:
(a) The violation by the permittee of any of the terms, conditions or requirements of the entertainment permit, any other terms of this chapter, or the entertainment rules and regulations established by resolution.
(b) Any act or omission of the permit holder which, if it existed at the time the application for an entertainment permit was filed, would have warranted the denial of the application.
(c) That the building, structure, equipment or location of the proposed place of entertainment does not comply with, or fails to meet, all of the health, zoning, fire and safety requirements, or standards of all the laws of the State of California, or ordinances and resolutions of the City of Santa Clara applicable to such business operation.
(d) That the owners, operators or managers of the proposed place of entertainment have not taken reasonable crime prevention measures, or been able to control crime and criminal conduct associated with the business, whether on the premises or immediately outside the premises. (Ord. 1748 § 2, 2-15-00; Ord. 2007 § 13, 11-19-19).
5.61.140 Notice and hearing for suspension and revocation.
The decision of the Chief of Police to revoke or suspend an entertainment permit may be appealed in accordance with the procedures set forth in Chapter 2.115 SCCC. (Ord. 1748 § 2, 2-15-00; Ord. 2007 § 14, 11-19-19).
5.61.150 Emergency suspension of permit.
(a) The Chief of Police may issue an order suspending an entertainment permit for a period not exceeding ten calendar days without having conducted a hearing therefor, if the Chief determines that the continued use of the permit will cause immediate hazard to public safety, health or welfare.
(b) The notice issued by the Chief of Police under this section shall contain a statement of the City’s intent to seek a permanent revocation or longer suspension, as applicable. The notice shall further state a hearing date, time and place, to be completed within ten days of the effective date of the notice, before a Hearing Officer designated by the City Manager, at which the owner may appeal the decision of the Chief of Police. Notwithstanding the foregoing, the hearing shall be conducted in accordance with SCCC 2.115.070 through 2.115.100. (Ord. 1748 § 2, 2-15-00; Ord. 2007 § 15, 11-19-19).
5.61.160 Rules and regulations.
The permit holder must comply with all the rules and regulations for an entertainment permit as established by resolution of the City Council. Failure to comply with the rules and regulations may subject the permittee to penalties pursuant to Chapter 5.100 SCCC. (Ord. 1748 § 2, 2-15-00).
5.61.170 Inspection.
The investigating and enforcing officials of the City of Santa Clara, including the Chief of Police, building and land use officials, shall have the right to enter the premises from time to time, during regular business hours, for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to enforce compliance with applicable regulations, laws, conditions of approval of the permit and/or land use, and provisions of this chapter. (Ord. 1748 § 2, 2-15-00).
5.61.180 Display of permit.
Every person holding a permit issued under this chapter shall keep the permit posted in a conspicuous place upon the premises in open and clear view. (Ord. 1748 § 2, 2-15-00).