Chapter 5.06
CABARET REGULATIONS
Sections:
5.06.040 Administration and enforcement.
5.06.070 Regulatory requirements.
5.06.090 Application of Chapter 5.01 FMC.
5.06.030 Definitions.
For the purpose of this chapter, certain words shall have meaning specified in this section. Words used in the singular include the plural, and words used in the plural include the singular. Words used in the masculine gender include the feminine and words used in the feminine gender include the masculine.
A. “Cabaret” means that portion of a commercial firm or a private club that is licensed to sell alcoholic beverages for consumption on the premises at which live entertainment or dancing is provided or allowed.
B. “Licensee” means the holder of any license issued in accordance with the provisions of this chapter.
C. “Person” means any individual, partnership, company, society, association or other group or organization, whether acting by themselves or through a servant, agent or employee. (Ord. 1217 § 24, 1996).
5.06.040 Administration and enforcement.
The license officer shall have responsibility for the administration of this chapter. The license officer or other designated agent, in the discharge of the duties and authorities vested by this chapter, is authorized to inspect all relevant reports, books, records and premises of any licensee; provided, however, that administrative inspections shall occur only during reasonable business hours of the licensee, and shall be limited to inspection for compliance with the regulatory ordinances of the city. Consent for such inspection is granted by the licensee when application for a special license is made to the city.
Nothing in this chapter prohibits any law enforcement agency from enforcing any criminal laws of the city. (Ord. 1255 § 10, 1996; Ord. 1217 § 25, 1996).
5.06.050 License required.
It is unlawful for any person to operate a cabaret without having a valid city license to do so. The license shall be known as a cabaret license. (Ord. 1217 § 26, 1996).
5.06.060 Application and fee.
At the time of submitting the license application form and background information the applicant shall pay the fee designated in FMC 5.01.110(B). (Ord. 1255 § 11, 1996; Ord. 1217 § 27, 1996).
5.06.070 Regulatory requirements.
A. No person may be granted a cabaret license if he or she has, within five years of the date of application, been convicted of a felony involving fraud or prostitution, or a felony violation of any federal or state law or city ordinance concerning the manufacture, possession, or sale of liquor, or controlled substances.
B. No licensee shall harbor, admit, receive or permit to be present or to remain in or about any cabaret any person who is soliciting for purposes of prostitution, any intoxicated person, any person who is under the influence of drugs, any person who is attempting to or engaging in unlawful drug transactions, or any person who is placing patrons or employees of the cabaret in reasonable fear for their safety.
C. No licensee shall knowingly permit or allow any person under the age of 21 years to be present in or upon the premises of a cabaret. (Ord. 1917 § 8, 2015; Ord. 1217 § 28, 1996).
5.06.080 Penalty.
Violation of FMC 5.06.050 or any failure to display the cabaret license pursuant to FMC 5.01.020 or operating a cabaret without a valid cabaret license, or during a period of license suspension, is a misdemeanor. Upon the conviction of a first offense there shall be a minimum fine imposed of $500.00 plus costs of enforcement and prosecution. A second offense for violating any provision of this chapter within 12 months of a first conviction shall be charged as a gross misdemeanor, and there shall be a minimum fine imposed of $1,000 plus costs of enforcement and prosecution. The maximum penalty to be imposed upon a second conviction within a 12-month period is a $1,000 fine and/or 364 days in jail. (Ord. 1803 § 1, 2012; Ord. 1777 § 1 (Exh. A), 2012; Ord. 1217 § 29, 1996).
5.06.090 Application of Chapter 5.01 FMC.
In addition to the foregoing provisions of this chapter, the applicant and/or the licensee shall be subject to the requirements and criteria set forth in Chapter 5.01 FMC. (Ord. 1217 § 30, 1996).