Chapter 9.13
LIVE ENTERTAINMENT LICENSING AND REGULATIONS
Sections:
9.13.010 Purpose and intent.
9.13.020 Definitions.
9.13.030 Entertainment license – Required.
9.13.040 Entertainment license – Tax – Exemptions.
9.13.050 Application and deposit for license.
9.13.060 Application form.
9.13.070 Verification of application.
9.13.080 Investigation by chief of police.
9.13.090 Allowance or denial of application and appeal.
9.13.100 License not transferable.
9.13.110 Mandatory denial.
9.13.120 Suspension or revocation.
9.13.130 Convictions.
9.13.140 Noise abatement.
9.13.150 Miscellaneous rules.
9.13.160 Motion pictures prohibited.
9.13.170 Going business – Extension of time.
9.13.180 Public exposure prohibited where alcoholic beverages consumed.
9.13.190 Simulated public exposure prohibited where alcoholic beverages consumed.
9.13.200 Procuring public exposure unlawful where alcoholic beverages consumed.
9.13.210 Procuring simulated public exposure unlawful where alcoholic beverages consumed.
9.13.220 Entertainer – Public exposure prohibited.
9.13.230 Entertainer – Procuring public exposure unlawful.
9.13.240 Entertainer – Simulated public exposure prohibited.
9.13.250 Entertainer – Procuring simulated public exposure unlawful.
9.13.260 Public exposure prohibited.
9.13.270 Simulated public exposure prohibited.
9.13.280 Procuring simulated public exposure unlawful.
9.13.290 Procuring public exposure unlawful.
9.13.010 Purpose and intent.
It is the intent of the city council to establish licensing and regulatory requirements for the conduct of live entertainment or cabaret shows featuring persons dancing, posing or modeling in any place of entertainment or establishment serving food, beverages, or food and beverages in the city of Chula Vista. The council intends to establish requirements for licensing, and to establish a prohibition against any such entertainment performed wholly or partially in the nude by male or female entertainers in any establishment serving food, beverages, or food and beverages. (Ord. 1833 § 1, 1978).
9.13.020 Definitions.
A. “Entertainment” as used in this chapter is defined to mean any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation conducted or participated in by any professional entertainer, featuring dancing, posing or modeling, in or upon any premises to which the public is admitted, except when conducted by a bona fide nonprofit club or organization as a part of the social activities of such club or organization, and when conducted solely as a fundraising activity for charitable purposes.
B. The term “professional entertainer” as used herein means a person or persons who engage, for livelihood or gain, in the presentation of such entertainment.
C. “Entertainment” as used in this chapter does not include:
1. Mechanical music and singing alone;
2. Instrumental music and singing alone, except between the hours of 2:00 a.m. and 6:30 a.m.;
3. Dancing participated in only by customers; however, this subsection does not exempt exhibition dancing by a person receiving compensation for such exhibition dancing;
4. A fashion or style show. (Ord. 1833 § 1, 1978).
9.13.030 Entertainment license – Required.
No person shall conduct, permit or assist in the conducting or the permitting of any entertainment, as defined in this chapter, to be shown, staged, exhibited or produced in any premises to which the public is admitted, unless and until a live entertainment business license has been obtained. (Ord. 2537 § 1, 1992; Ord. 1833 § 1, 1978).
9.13.040 Entertainment license – Tax – Exemptions.
The annual tax for an entertainment license shall be the amount presently designated, or as may in the future be amended, in Section 9.13.040 of the master tax schedule in CVMC 5.07.030, in addition to any other license tax required by CVMC Title 5; provided, however, that no such license need be obtained where such entertainment is conducted by a bona fide charitable, civic, religious, benevolent, patriotic or educational organization or by the United Service Organization. Any determination as to the exempt status of any applicant shall be made by the chief of police. (Ord. 2537 § 1, 1992; Ord. 1833 § 1, 1978).
9.13.050 Application and deposit for license.
The applicant for any license or licenses in this chapter shall pay the required fee(s). If the license is issued, said fees shall be refundable. (Ord. 2547 § 5, 1993; Ord. 2537 § 1, 1992; Ord. 1833 § 1, 1978).
9.13.060 Application form.
Except as otherwise provided herein, an application for a license pursuant to the provisions of this chapter shall be in writing in duplicate and shall specify:
A. The address of the location for which the license is required, together with the business name of such location;
B. The name and proposed business address of the applicant. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, and the applicant shall also set forth the date and place of incorporation and the names and residence addresses of each of the officers, directors, and each stockholder owning more than 10 percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply;
C. Whether or not the applicant, or any officer or director or member of the applicant, as the case may be, has ever been convicted of any crime except misdemeanor traffic violations. In addition to the foregoing, any corporate applicant whose securities have been conditioned by the Commissioner of Corporations, pursuant to Section 25508 of the Government Code of California, will state whether or not any stockholder owning more than 10 percent of the stock of such corporation has ever been convicted of any crime except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as the result of said conviction;
D. The names and addresses of the persons who have authority or control over the place for which the license is requested, and a brief statement of the nature and extent of such authority or control;
E. The name and address of each of the owners of the premises upon which the licensed activity is to be conducted, if the applicant is leasing such premises from the owner;
F. Such information pertinent to the operation of the proposed activity, including information as to management, authority, control, financial agreements, and lease arrangements, as the chief of police may require of an applicant, in addition to the other requirements of this section. The foregoing examples are in explanation and not in limitation of the information which the chief of police may require;
G. The address to which notice, when required, is to be sent or mailed, and the name and address of a person authorized to accept service of process, if not otherwise set forth herein;
H. Whether the application is for a new license or for the renewal of an existing license. (Ord. 1833 § 1, 1978).
9.13.070 Verification of application.
Every application for a license under this chapter shall be verified as provided in the Code of Civil Procedure for the verification of pleadings. (Ord. 1833 § 1, 1978).
9.13.080 Investigation by chief of police.
Immediately upon receipt of any application for a license, the chief of police shall proceed to investigate the truth of the matters set forth in said application, the character of the applicant, the character of the persons who have direct management of the premises, the character of the premises proposed to be licensed, and the propriety of the use of such premises for the conduct of the business proposed to be licensed. (Ord. 1833 § 1, 1978).
9.13.090 Allowance or denial of application and appeal.
A. The chief of police shall issue, conditionally issue, or deny the license for which application is made. The chief of police shall have the power to deny any application if it shall appear that the applicant, or the person to have direct management of the premises, is not a suitable or proper person to carry on the business for which the license is sought, or if the premises proposed to be used in the conduct of the business to be licensed shall be deemed not to be a suitable or proper place therefor, or if the health, welfare or public morals of the community warrant such denial. The chief of police may issue the license upon such conditions as he determines would eliminate the situations which would otherwise result in denial of the license. Otherwise, the chief of police shall issue the license. The applicant may appeal from the denial of license, or from the issuance of a license upon conditions, in the manner provided for herein.
B. Any person aggrieved by the denial of a license or by the issuance of a license upon conditions may appeal to the city manager pursuant to Chapter 1.40 CVMC. Any interested person may appear and present evidence at the public hearing. If the appeal is from the denial of a license or from the issuance of a license upon conditions, the city manager or designee may deny the issuance of the license, issue the license, or issue the license subject to specified conditions, if it determines that by the imposition of such conditions reasonable objections of the chief of police would be eliminated. The action of the city manager or designee on such appeal shall be final. (Ord. 2718 § 1, 1998; Ord. 1833 § 1, 1978).
9.13.100 License not transferable.
No license issued pursuant to this chapter shall be assignable or transferable. In the event that any licensee under this chapter shall desire to transfer his business to another person, such person to whom such business shall be transferred shall make application to the chief of police for a new license, which application shall be investigated by the chief of police as hereinabove provided. No portion of the license fee paid by the prospective transferor of the license shall be refunded. (Ord. 1833 § 1, 1978).
9.13.110 Mandatory denial.
In any case where an applicant knowingly or deliberately makes any material false statement on an application for a license, such application shall be denied. (Ord. 1833 § 1, 1978).
9.13.120 Suspension or revocation.
In addition to the causes for denial of a license as set forth herein, any license issued under this chapter may be revoked or suspended at any time after a hearing, notice of which has been given to the licensee more than 10 days prior to said hearing, when the city manager or designee finds:
A. The conduct of the establishment is contrary to the public interest, or does not comport with the public welfare; or
B. The establishment has been operated in an illegal, improper or disorderly manner; or
C. Any person listed in the license application has violated, or permitted any violation, or has been convicted of a violation of law, in the course, conduct or operation of such business. A conviction in any court of competent jurisdiction shall be sufficient to justify a finding under this section, excepting convictions for misdemeanor traffic violations. (Ord. 2718 § 1, 1998; Ord. 1833 § 1, 1978).
9.13.130 Convictions.
Upon receipt of a certified copy of a judgment of conviction of a licensee under this chapter of any violation of any provision of this chapter, the chief of police may immediately suspend the license or licenses of such convicted licensee, remove such license or licenses from the premises, and deliver the suspended license or licenses to the city manager for safekeeping, pending a hearing pursuant to Chapter 1.40 CVMC. If a hearing is requested, the city manager or designee shall immediately thereafter set a date for a hearing no later than 10 days after the date of suspension. At said hearing it shall be determined whether the license or licenses should be suspended further, modified, conditioned or revoked. The city manager or designee shall notify the licensee in writing of the decision, which will then constitute the exhaustion of administrative remedy. (Ord. 2718 § 1, 1998; Ord. 1833 § 1, 1978).
9.13.140 Noise abatement.
Whenever after a hearing, notice of which must be given 10 days prior thereto, it shall be determined that noise from any establishment licensed under this chapter interferes with the right of persons dwelling in the vicinity of such establishment to the peaceful and quiet use and enjoyment of their property, the city manager may require that the premises be soundproofed in a manner that will eliminate the noise or reduce it to a reasonable level. In taking any action under this section, the city manager must balance all of the interests of the respective parties, as well as the hardship which will result from any order. If the city manager finds that the noise complained of is of a minimum or inconsequential degree, no action shall be taken under this section. If a licensee fails within a reasonable time, and after having been ordered, to abate any noise, his license shall be suspended after a second hearing, 10 days’ notice of which must be given, until such time as he complies with the order. The provisions of Chapter 1.40 CVMC shall be utilized for the appeal. (Ord. 2718 § 1, 1998; Ord. 1833 § 1, 1978).
9.13.150 Miscellaneous rules.
No professional entertainer or employee may dance, unnecessarily converse, or associate with any customer during any entertainment period, and not at all except in a formal manner; provided, however, that a regularly scheduled audience-participation type of entertainment may be presented during the time stated and in the manner described in an advertisement posted at the premises and appearing in a regularly printed program; provided further, that a copy of said advertisement shall be received by the chief of police 24 hours prior to the conducting of said audience-participation entertainment. (Ord. 1833 § 1, 1978).
9.13.160 Motion pictures prohibited.
No person or persons licensed pursuant to this chapter or required to be licensed under this chapter shall show, project or permit to be shown or projected, in any establishment licensed pursuant to this chapter or required to be so licensed, any motion picture, still picture, or slide, the main subject of which is the depiction of the human body, or any portion thereof, whether clothed or unclothed, unless and until the license of such establishment is specifically endorsed by the chief of police to permit such showing. (Ord. 1833 § 1, 1978).
9.13.170 Going business – Extension of time.
Any person who on the effective date of the ordinance codified in this chapter, or permitting of any entertainment as defined herein to be shown, staged, exhibited or produced in any premises to which the public is admitted may continue operation, but shall, within 30 days of said effective date, make application pursuant to the provisions of this chapter. (Ord. 1833 § 1, 1978).
9.13.180 Public exposure prohibited where alcoholic beverages consumed.
No person shall expose his or her genitals, pubic hair, buttocks, or any portion of the female breast at or below the areola thereof in an establishment which serves alcoholic beverages, or food and alcoholic beverages, for consumption on the premises of such establishment. (Ord. 2021 § 1, 1983; Ord. 1833 § 1, 1978).
9.13.190 Simulated public exposure prohibited where alcoholic beverages consumed.
No person shall, whether for compensation or not, wear, use or employ any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, or the buttocks in an establishment which serves alcoholic beverages, or food and alcoholic beverages, for consumption on the premises of such establishment. (Ord. 2021 § 1, 1983; Ord. 1833 § 1, 1978).
9.13.200 Procuring public exposure unlawful where alcoholic beverages consumed.
No person shall permit, procure, counsel or assist another person to expose his or her genitals, pubic hair, buttocks, or any portion of the female breast at or below the areola thereof, whether for compensation or not, in an establishment which serves alcoholic beverages, or food and alcoholic beverages, for consumption on the premises of such establishment. (Ord. 2021 § 1, 1983; Ord. 1833 § 1, 1978).
9.13.210 Procuring simulated public exposure unlawful where alcoholic beverages consumed.
No person shall permit, procure, counsel or assist another person to wear, use or employ any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair or the buttocks in an establishment which serves alcoholic beverages, or food and alcoholic beverages, for consumption on the premises of such establishment. (Ord. 2021 § 1, 1983; Ord. 1833 § 1, 1978).
9.13.220 Entertainer – Public exposure prohibited.
No person shall, while acting as an entertainer, whether for compensation or not, expose his or her genitals, pubic hair, the natal cleft or perineum, or any portion of the female breast at or below the areola thereof in an establishment which serves alcoholic beverages, or food and alcoholic beverages, for consumption on the premises of such establishment. (Ord. 2021 § 1, 1983; Ord. 1833 § 1, 1978).
9.13.230 Entertainer – Procuring public exposure unlawful.
No person shall permit, procure, counsel or assist another person, acting as an entertainer, whether for compensation or not, to expose his or her genitals, pubic hair, the natal cleft or perineum, or any portion of the female breast at or below the areola thereof in an establishment which serves alcoholic beverages, or food and alcoholic beverages, for consumption on the premises of such establishment. (Ord. 2021 § 1, 1983; Ord. 1833 § 1, 1978).
9.13.240 Entertainer – Simulated public exposure prohibited.
No person shall, while acting as an entertainer, whether for compensation or not, wear, use or employ any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, the natal cleft or perineum, or any portion of the female breast at or below the areola thereof in an establishment which serves alcoholic beverages, or food and alcoholic beverages, for consumption on the premises of such establishment. (Ord. 2021 § 1, 1983; Ord. 1833 § 1, 1978).
9.13.250 Entertainer – Procuring simulated public exposure unlawful.
No person shall permit, procure, counsel or assist another person, acting as an entertainer, whether for compensation or not, to wear, use or employ any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, or the natal cleft or perineum in an establishment which serves alcoholic beverages, or food and alcoholic beverages, for consumption on the premises of such establishment. (Ord. 2021 § 1, 1983; Ord. 1833 § 1, 1978).
9.13.260 Public exposure prohibited.
No person shall participate in any live act, demonstration or exhibition in an establishment which is in any public place, place open to the public, or place open to public view and expose his or her genitals, pubic hair, or the natal cleft or perineum, or any portion of the female breast at or below the areola thereof; provided, however, the provisions of this chapter shall not apply to a theatrical performance in a theater, concert hall or similar establishment which is primarily devoted to theatrical performances. (Ord. 1833 § 1, 1978).
9.13.270 Simulated public exposure prohibited.
No person shall participate in any live act, demonstration or exhibition in an establishment which is in any public place, place open to the public, or place open to public view, and wear, use or employ any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, or the natal cleft or perineum, or any portion of the female breast at or below the areola thereof. (Ord. 1833 § 1, 1978).
9.13.280 Procuring simulated public exposure unlawful.
No person shall permit, procure, counsel or assist another person in any live act, demonstration or exhibition, in an establishment which is in any public place, place open to the public, or place open to public view, to wear, use or employ any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, or the natal cleft or perineum, or any portion of the female breast at or below the areola thereof. (Ord. 1833 § 1, 1978).
9.13.290 Procuring public exposure unlawful.
No person shall permit, procure, counsel or assist another person in any live act, demonstration or exhibition in an establishment which is in any public place, place open to the public, or place open to public view to expose his or her genitals, pubic hair, or the natal cleft or perineum, or any portion of the female breast at or below the areola thereof. (Ord. 1833 § 1, 1978).