Chapter 5.24


5.24.005    Findings.

5.24.010    Entertainment defined.

5.24.020    Entertainment permit required.

5.24.025    Theater defined.

5.24.030    Permit classifications.

5.24.040    Permit issuance.

5.24.045    Appeals.

5.24.050    Duration of permits.

5.24.060    Revocation or nonrenewal.

5.24.065    Violation of permit conditions.

5.24.070    Fees.

5.24.080    Application forms.

5.24.090    Violations.

5.24.005 Findings.

The city council finds as follows:

A. Entertainment often produces noise which is obtrusive to persons not patronizing the business or activity which produces the noise.

B. The availability of entertainment is often a significant factor in attracting patrons who infringe upon the peace and quiet and nightly sleep of nonpatrons, and is exacerbated by any of the following:

1. The entertainment is offered in conjunction with the distribution of alcohol.

2. The entertainment is offered by businesses which are open after nine p.m. and do not, like theaters, have fixed beginning and ending times at which most of the patrons enter and exit.

3. The entertainment is offered in an area where there is a concentration of similar businesses, thereby resulting in the area becoming an after-hours draw and the patrons of those businesses frequently entering and exiting the other establishments.

4. The entertainment is offered in locations where many of the patrons, when leaving, pass through or near areas where people reside.

C. To protect the peace and quiet of nonpatrons and their nightly ability to sleep it is necessary to have a licensing system and to thereby limit and condition the establishments offering such entertainment.

D. Policing and monitoring entertainment licenses entails considerable expense to the city, such that it is appropriate to collect a portion of such expenses from the entities providing the entertainment. (Ord. 1020 § 1 (part), 2018: Ord. 699 (part), 1990)

5.24.010 Entertainment defined.

“Entertainment,” as used in this chapter, means and includes:

A. A performance by live entertainers for the purpose of entertaining the patrons of a business; or

B. Playing recorded music, whether with or without video, for the specific purpose of entertaining the patrons, invitees or visitors of a business, commercial establishment or meeting facility.

“Entertainment,” as used in this chapter, does not include a speech, pantomime or enactment (whether live or recorded), the primary purpose of which is to convey ideas of a political or religious nature, or to explain or critique the activities of public figures or of governmental or other institutions. It does not include mere background (“Muzak”) music played at moderate levels. (Ord. 1020 § 1 (part), 2018: Ord. 745 § 2, 1992; Ord. 699 (part), 1990)

5.24.020 Entertainment permit required.

No owner, manager or operator of any business or establishment (except theaters, as defined in Section 5.24.025) may arrange for or allow entertainment to be conducted on the premises of any such business or establishment without obtaining an entertainment permit as provided in this chapter. No person shall arrange for or promote entertainment on any publicly owned park, street or facility without first obtaining an entertainment permit as provided in this chapter. However, entertainment which is entirely enclosed within a structure and which cannot, at any time, be audible outside of that structure, need not have any entertainment permit. (Ord. 1020 § 1 (part), 2018: Ord. 699 (part), 1990)

5.24.025 Theater defined.

“Theater,” for purposes of this chapter, means an establishment:

A. Whose primary activity is showing movies or staging theatrical productions which have fixed beginning and ending times; and

B. Primarily offer food or drinks only to those attending the movie of theatrical event. (Ord. 1020 § 1 (part), 2018: Ord. 699 (part), 1990)

5.24.030 Permit classifications.

Entertainment permits shall be classified as follows:

A. A single-event entertainment permit may be issued for activities that will all occur within a single seven-day period.

B. A minor entertainment permit is for a business which offers entertainment incidental to the primary business, does not qualify for a single-event permit, and which has no dance floor or elevated state and which never has a cover charge.

C. A regular entertainment permit is for businesses which offer entertainment, but which do not qualify for a single-event entertainment permit or a minor entertainment permit. (Ord. 1020 § 1 (part), 2018: Ord. 699 (part), 1990)

5.24.040 Permit issuance.

A. The city council shall issue new regular entertainment permits.

B. The city manager or department head designee may issue recurring regular entertainment permits, single-event entertainment permits and minor entertainment permits. The city manager, in the exercise of his or her discretion, may refer any single-event entertainment permit application, recurring regular entertainment permit, or minor entertainment permit application to the city council for its consideration.

C. Entertainment permits may be issued as herein provided for upon the city council’s or city manager’s finding that:

1. No significant number of nonpatrons will be disturbed by the entertainment, which is the subject of the permit application or, by the goings and comings of the people patronizing the entertainment events, which are the subject of the permit application;

2. The establishment at which the entertainment is to be provided or the entity which is applying for the entertainment permit is currently in compliance with all applicable state and local building, zoning, fire, and other regulations pertaining to public health and safety as well as any other statutes, ordinances, regulations, or permits that pertain to the establishment or the property on which the establishment is situated.

D. When necessary to assure that the entertainment which is the subject of the permit application will not result in disturbance to nonpatrons, the city council or city manager may condition the permit to assure nondisturbance by imposing permit-specific conditions relating to, but not limited to, days of operation, hours of operation, best practices to minimize public safety issues, noise level limitations, noise reduction and other, similar measures. (Ord. 1020 § 1 (part), 2018: Ord. 855 § 1, 2003; Ord. 835 § 2, 2002)

5.24.045 Appeals.

A permit applicant whose application for a single event entertainment permit, recurring regular entertainment permits or minor entertainment permit is denied by the city manager, or who is dissatisfied with the conditions imposed upon the permit issued by the city manager, may appeal to the city council in accordance with Chapter 2.52 of this code. The city council’s decision with regard to the issuance and conditions of new regular entertainment permits and the city council’s decision on appeal or city manager referral with regard to single-event or minor entertainment permits shall be final. (Ord. 1020 § 1 (part), 2018: Ord. 835 § 2, 2002)

5.24.050 Duration of permits.

The operative period of time for a single-event entertainment permit shall be set forth in the permit itself. All other permits shall expire no later than one year from the date of issuance. The issuance of a permit for one year does not establish a vested right to a renewal of the permit. If, during any permit period, the nature of the business activity or the circumstances surrounding the event to which the permit pertains change from the way it was initially permitted, the city in its sole discretion may require any permit holder to immediately apply for a new permit. (Ord. 1020 § 1 (part), 2018: Ord. 699 (part), 1990)

5.24.060 Revocation or nonrenewal.

A permit may be revoked by the city council, with at least five days’ written notice to the permit holder (who shall have an opportunity to be heard) for failure to comply with permit conditions or for having supplied false information in obtaining the permit. The city manager, or department head designee, may suspend or impose new conditions with at least five days’ written notice to the permit holder for failure to comply with permit conditions. (Ord. 1020 § 1 (part), 2018: Ord. 777 § 1, 1995; Ord. 699 (part), 1990)

5.24.065 Violation of permit conditions.

Whenever a permit is suspended due to a violation of this chapter or of permit conditions, the city manager shall so report such suspension to the city council. (Ord. 1020 § 1 (part), 2018: Ord. 777 § 2, 1995)

5.24.070 Fees.

The city council may establish fees for applications for any of the permits described in Section 5.24.030 of this chapter. It may also prescribe fees for the issuance of the permit itself. Any schedule or formula of permit fees may be based on reasonable estimations of the cost to the city of monitoring or enforcing permit compliance. (Ord. 1020 § 1 (part), 2018: Ord. 699 (part), 1990)

5.24.080 Application forms.

The city manager may develop application forms pertinent to this chapter. Applicants may be required to submit any nonprivileged information reasonably related to the concerns expressed in Section 5.24.005. (Ord. 1020 § 1 (part), 2018: Ord. 699 (part), 1990)

5.24.090 Violations.

The operation of any business or entertainment activity contrary to the provisions of this chapter shall constitute a nuisance subject to abatement as provided in Title 4 of this code. Operating a business contrary to the business’s entertainment permit and associated conditions, or violations of this chapter are also criminal acts subject to penalties provided in Section 1.01.090 and Title 4 of this code. (Ord. 1020 § 1 (part), 2018: Ord. 955 § 2, 2011; Ord. 699 (part), 1990)