Chapter 5.45
ENTERTAINMENT PERMITS
Sections:
5.45.020 Entertainment permit required; compliance with other laws.
5.45.030 Exemption from the permit requirement.
5.45.050 Disturbing the peace; disorderly conduct.
5.45.060 Orderly dispersal required.
5.45.070 Chief of Police authority; immediate threat to public safety.
5.45.080 Application for permit.
5.45.090 Extended operating hours.
5.45.100 Investigation of application and issuance of permit.
5.45.110 Conditions imposed by Chief of Police.
5.45.120 Police attendance at a special event.
5.45.150 Permits not transferable.
5.45.160 Suspension or revocation of permit.
5.45.190 Permits issued prior to the effective date of this section.
5.45.010 Definitions.
For purposes of this article, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended.
Admission charge. Any charge for the right or privilege to enter any place of entertainment including a minimum service charge, an event charge, a cover charge, a charge for the use of seats and tables, or any other similar charge. It also includes the purchase or presentation of a ticket or token directly or indirectly required as a condition for entrance. It does not include tips, gratuities, voluntary donations, or suggested donations for employees or for any person providing entertainment.
Chief of Police. Includes the Chief of Police of the City of Concord and his or her designee.
City Manager. Includes the City Manager of the City of Concord and his or her designee.
Dance or dancing. Means movement of the human body, accompanied by music or rhythm.
Disorderly conduct. Any of the following: consumption of alcoholic beverages on public property, public drunkenness, littering, fighting, and such other conduct that constitutes a public nuisance or a violation of law.
Entertainment or entertainment establishment. Any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen, or participate or that is conducted for the purposes of holding the attention of, gaining the attention of or diverting or amusing guests or patrons, including, but not limited to:
(1) Presentations by single or multiple performers, such as musical song or dance acts, and concerts;
(2) Dancing to live or recorded music;
(3) The presentation of recorded music played on equipment which is operated by an agent or contractor of the establishment, commonly known as a “DJ” or “disc jockey.”
Permittee. A person, persons, or business entity that has been issued a permit as provided in this article.
Reasonable efforts. Maintaining an adequate number of licensed security personnel, adopting and posting operating policies that are consistent with the requirements of this code and the permit, adhering to those operating policies, training employees to carry out the establishment operating policies, notifying the police of apparent criminal activity, and taking all additional measures, consistent with sound business judgment, necessary to accomplish the required result.
Responsible person. The permittee, owner, proprietor, promoter, manager, assistant manager or other person exercising control over the operation of an entertainment establishment, whether or not that person is a named permittee.
Theater. Any commercial establishment where regular sporting events, concerts, motion picture screenings or theatrical performances are given, usually on a stage, and usually with ascending row seating or some arrangement of permanent seating.
(Code 1965, § 4181; Code 2002, § 6-191. Ord. No. 868; Ord. No. 84-29; Ord. No. 07-8)
Cross references: Definitions generally, § 1.05.100.
5.45.020 Entertainment permit required; compliance with other laws.
(a) Unless exempt pursuant to section 5.45.030, it is unlawful for any person to provide or permit any entertainment that is open to the public without an entertainment permit issued pursuant to this article.
(b) Permits granted hereunder shall not exempt the need for, or excuse any noncompliance with, the zoning ordinance, building code, fire code or any other or additional permit requirement or standard made applicable to the entertainment or entertainment establishment under any other provision of this Code or state or federal law.
(Code 1965, § 4182; Code 2002, § 6-192. Ord. No. 868; Ord. No. 07-8)
5.45.030 Exemption from the permit requirement.
The following types of entertainment and events are exempt from the permit required by this article. This exemption does not relieve any entertainment establishment from complying with all other applicable laws.
(1) Entertainment conducted or sponsored by a public agency;
(2) Entertainment sponsored by any nonprofit public benefit organization, such as Girl Scouts, Boy Scouts, Little League or Boys and Girls Club, whose primary objective is the sponsoring and control of youth activities and child welfare. If the event is a dance, the following requirements must be met:
(a) No person eighteen (18) years of age or older may be admitted as a guest, unless such person is a bona fide student at, or member of, the sponsoring agency or organization;
(b) No alcoholic beverages may be served, consumed or permitted on the premises;
(c) Chaperones from the sponsoring agency are present on the premises at the rate of two adults, who are at least twenty-five (25) years of age or older, for every one hundred (100) guests; and
(d) The event must finish by 12:00 a.m., and the premises and the adjoining parking lots must be promptly vacated by all the guests.
(3) Entertainment lawfully conducted at any city park, building or recreational facility;
(4) Entertainment lawfully conducted entirely upon property owned or controlled by a public entity;
(5) Entertainment lawfully conducted or sponsored by a public agency;
(6) Entertainment limited to the use of a radio, music recording machine, juke box, television, video games, video programs, or recorded music by an establishment that does not permit dancing;
(7) Entertainment provided for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge;
(8) Parades;
(9) 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 benevolent purposes of such club, society or association;
(10) Performances by the students at educational institutions as defined by the Education Code where such performances are part of an educational or instructional curriculum or program;
(11) Entertainment lawfully conducted or sponsored by a public or private school;
(12) Theater;
(13) Dance lessons, theatrical and performing arts lessons and student recitals;
(14) The normal and customary fitness services provided by an athletic club or fitness center.
(Code 1965, § 4183; Code 2002, § 6-193. Ord. No. 868; Ord. No. 07-8; Ord. No. 84-29; Ord. No. 1140)
5.45.040 Hours of operation.
(a) Except as otherwise provided, all entertainment establishments shall be closed and all patrons shall vacate the premises or establishment by 2:00 a.m., unless extended hours are approved pursuant to section 5.45.090. It is unlawful for any responsible person to fail to abide by the hours of closure.
(b) A responsible person must be present in the entertainment establishment during all hours that the entertainment establishment is open and offering entertainment.
(Code 1965, § 4184; Code 2002, § 6-194. Ord. No. 868; Ord. No. 07-8)
5.45.050 Disturbing the peace; disorderly conduct.
(a) Each responsible person shall make reasonable efforts to prevent the admittance of any person whose conduct is described in Penal Code Section 415 or 647. Each responsible person shall make reasonable efforts to remove any persons exhibiting such conduct from the establishment or premises.
(b) Each responsible person shall make reasonable efforts to prevent the admittance of any obviously intoxicated person. For purposes of this section, a person is “obviously intoxicated” when he or she exhibits readily apparent outward manifestations of drug or alcohol intoxication, including but not limited to, inability to walk or stand in a normal manner, bloodshot or glassy eyes, flushed face, incoherent or slurred speech, odor of an alcoholic beverage on one’s breath, belligerence or other loud or boisterous conduct, or extreme agitation or nervousness or mental confusion.
(c) Each responsible person shall make reasonable efforts to control the conduct of patrons so as to prevent or minimize disorderly or unlawful conduct within the establishment, at the premises or on any parking lot or similar facility used by the establishment.
(Code 1965, § 4185; Code 2002, § 6-195. Ord. No. 868; Ord. No. 07-8)
5.45.060 Orderly dispersal required.
Each responsible person shall use reasonable efforts to cause the orderly dispersal of individuals from the vicinity of the establishment at closing time, and shall not allow them to congregate at the premises or on any parking lot or similar facility used by the establishment.
(Code 1965, § 4186; Code 2002, § 6-196. Ord. No. 868; Ord. No. 07-8)
5.45.070 Chief of Police authority; immediate threat to public safety.
(a) The Chief of Police may require a permittee or responsible person to close down operations and disperse all patrons for the remainder of its daily operation whenever conduct by disorderly patrons reaches a magnitude that presents an immediate threat to the public safety or well-being of the patrons and general public in the vicinity. The decision of the Chief of Police shall be final.
(b) It is unlawful for any person to fail to comply with any directive issued by the Chief of Police under authority of subsection (a).
(Code 1965, § 4187; Code 2002, § 6-197. Ord. No. 868; Ord. No. 07-8)
5.45.080 Application for permit.
(a) All applications for permits shall be filed with the Chief of Police on such forms as he or she may prescribe, and shall contain the following:
(1) The name and permanent address of the applicant and all other persons having a financial interest in the operation of the entertainment, business or premises where the entertainment is to be located;
(2) A description of the proposed entertainment, including the maximum number of persons who are expected to be present within the entertainment establishment at any one time;
(3) The proposed opening date and hours of operation of the entertainment establishment;
(4) For special or limited duration events, the date or dates, hours and location of the proposed entertainment;
(5) The proposed security arrangements for the control of patrons;
(6) The name or names of the person or persons having management or supervision authority over the proposed entertainment, or any business or premises wherein the entertainment is proposed to be located;
(7) Whether or not the applicant or any other responsible person(s) have been convicted of a misdemeanor or felony offense within the past five years, the nature of such offense(s), and the sentence(s) received therefore;
(8) Written consent for the proposed entertainment on the premises from the owner of the property on which the entertainment is to be conducted; and
(9) Such other information as the Chief of Police shall deem necessary for the proper processing and review of the application;
(b) The applicant and all responsible persons shall submit to fingerprinting by the Chief of Police;
(c) Every application for a permit shall be accompanied by a nonrefundable application fee as established by Resolution of Fees and Charges for Various Municipal Services. This application fee shall be in addition to any other license or permit fee imposed by this code upon the applicant.
(Code 1965, § 4188; Code 2002, § 6-198. Ord. No. 868; Ord. No. 07-8; Ord. No. 84-29)
5.45.090 Extended operating hours.
(a) An applicant for a permit may request, and the Chief of Police may approve, extended operating hours that will be applicable to the permitted entertainment establishment. The extended operating hours approved by the Chief of Police, and any conditions relating thereto, shall be specifically stated in the permit.
(b) Any entertainment establishment, exempt from the permit requirement pursuant to section 5.45.030, may apply for a permit under the procedures provided in this article, for the sole purpose of obtaining extended operating hours. The extended operating hours approved by the Chief of Police, and any conditions relating thereto, shall be specifically stated in the permit.
(Code 1965, § 4189; Code 2002, § 6-199. Ord. No. 868; Ord. No. 84-29; Ord. No. 07-8)
5.45.100 Investigation of application and issuance of permit.
(a) The Chief of Police shall conduct a thorough investigation of the application.
(b) The Chief of Police shall approve the issuance of the entertainment permit if he or she finds:
(1) The use of the property is allowed by the Development Code and the applicant has received approval for any applicable Planning permit required by the Development Code and the Planning Division has verified that the applicant is in compliance with the condition of approval.
(2) That issuance of the permit and conduct of the entertainment at the proposed location, as conditioned, is consistent with federal, state and local laws, rules, and regulations.
(3) Neither the applicant or any responsible person or principal of the applicant has, within the past five years, been convicted of a felony or other crime of moral turpitude that is substantially related to the qualifications, functions or duties of a proprietor of premises upon which the entertainment activities are conducted; and
(4) Neither the applicant or any responsible person or principal of the applicant has a history of committing, permitting or failing to prevent significant violations of the city code, or any license or permit, in connection with an entertainment establishment for which he or she was a responsible person; and
(5) It does not appear, based upon the information before the Chief of Police, that the applicant has provided false or misleading material information in the application.
(c) Where the Chief of Police does not approve a permit, the Chief of Police shall inform the applicant of the reason(s) for the denial in writing.
(Code 1965, § 4190; Code 2002, § 6-200. Ord. No. 868; Ord. No. 07-8; Ord. No. 12-4)
5.45.110 Conditions imposed by Chief of Police.
The Chief of Police may impose reasonable conditions on the permit that are necessary for the protection of the public peace, health, safety and the general welfare, including but not limited to such additional police protection as may be required to be provided and paid for by the permittee for the purpose of enforcing this section.
(Code 1965, § 4191; Code 2002, § 6-201. Ord. No. 868; Ord. No. 07-8)
5.45.120 Police attendance at a special event.
In any instance in which the Chief of Police determines that a special event or occurrence at an entertainment establishment requires police officer attendance, as defined in section 2.50.150, the permittee shall comply with the provisions set forth in section 2.50.150 and shall enter into a written agreement with the City of Concord to pay for such police services.
(Code 1965, § 4192; Code 2002, § 6-202. Ord. No. 868; Ord. No. 07-8)
5.45.130 Display of permits.
The permit issued pursuant to this article shall at all times be displayed in a conspicuous place in the entertainment establishment for which it was issued and shall be immediately produced upon the request of any police officer.
(Code 1965, § 4193; Code 2002, § 6-203. Ord. No. 868; Ord. No. 07-8)
5.45.140 Duration of permit.
A permit issued pursuant to this article shall be valid for one year from the date it was issued subject to any conditions or restrictions existing at the time it was issued.
(Code 1965, § 4194; Code 2002, § 6-204. Ord. No. 868; Ord. No. 84-29; Ord. No. 07-8)
5.45.150 Permits not transferable.
Permits issued pursuant to this article are not transferable to another person or location.
(Code 1965, § 4195; Code 2002, § 6-205. Ord. No. 868; Ord. No. 84-29; Ord. No. 07-8)
5.45.160 Suspension or revocation of permit.
(a) After notice and an opportunity for a hearing, the Chief of Police may suspend, modify or revoke any permit issued pursuant to the provisions of this article for any of the following reasons:
(1) The entertainment has been conducted in a manner contrary to the findings for the issuance of a permit set forth in section 5.45.100;
(2) The permittee has failed to comply with one or more conditions of the permit;
(3) The permittee or his/her employees, agents, or representatives have violated or are violating federal, state or local laws, rules or regulations in connection with the entertainment;
(4) The permit holder is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the place of entertainment is located which offense is classified by the State as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, drug offenses, violence, or unlawful possession of a weapon including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 166.4, 187, 203, 207, 243(d), 243 (e)(1), 243.4, 244, 245, 246.3, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 273.5, 273.6, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, 417, 647, 653k, 12020(a), 12025, 12031, and Health & Safety Code Sections 11350, 11351, 11358, 11359, 11370.1, 11378 and 11379.
(5) If, on two or more occasions within a twelve (12) month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection (4) of this section as a result of such person’s activity on the premises or property on which the place of entertainment is located, and the person or persons were employees, contractors or agents of the place of entertainment at the time the offenses were committed;
(6) The entertainment has been conducted in an illegal or disorderly manner or has been conducted in such a manner as to constitute an unreasonable burden on the reasonable use and enjoyment of neighboring properties or the establishment has been operated in an illegal or disorderly manner;
(7) The applicant gave materially false, fraudulent or misleading information or has knowingly omitted a material fact in the application;
(8) The entertainment has created or is creating a nuisance;
(9) Music or noise from the establishment for which the permit was issued interferes with the peace and quiet of the neighborhood; or
(10) The permittee or any other responsible person has violated any provision of this article.
(b) In the event the Chief of Police proposes to suspend or revoke a permit, written notice of the proposed suspension or revocation shall be personally delivered or sent by certified mail to the permittee at least fourteen (14) calendar days prior to the date of the proposed suspension or revocation. The notice shall contain:
(1) A brief statement on the specific grounds for such suspension or revocation;
(2) A statement that the permittee may request a hearing on the proposed suspension or revocation by submitting a request for hearing, in writing to the Chief of Police, within ten (10) calendar days of the date of service of the notice;
(3) A statement that the failure to request a hearing on the proposed suspension or revocation will constitute a waiver of all right to a hearing, and the suspension or revocation will be final.
(c) The hearing shall be conducted by the Chief of Police. The hearings are informal, and formal rules of evidence, discovery and hearing procedures do not apply.
(1) Failure to properly file a written request for hearing on the proposed suspension or revocation within ten (10) calendar days of the date of service of the notice will constitute a waiver of all rights to a hearing, and the suspension or revocation will be final. Failure to properly and timely request a hearing on the proposed suspension or revocation shall also constitute a failure to exhaust administrative remedies.
(2) If the permittee files a timely request for a hearing and then fails to appear at the hearing, the appeal is abandoned, and the decision of the Chief of Police is final. Failure to appear at the hearing constitutes a waiver of all rights to an appeal hearing and shall also constitute a failure to exhaust administrative remedies.
(d) Written notice of the decision of the Chief of Police shall be given to the permittee within ten (10) working days following the hearing by personal delivery thereof or deposit of such notice in the U.S. Mail, postage prepaid.
(Code 2002, § 6-206. Ord. No. 07-8)
5.45.170 Renewal of permits.
(a) A permittee may apply for permit renewal by submitting to the Chief of Police before the expiration of any permit, a renewal application and a non-refundable renewal fee in an amount set by Resolution of Fees and Charges for Various Municipal Services.
(b) If a timely and complete application for renewal is filed, the permit’s expiration shall be stayed until a decision on the renewal application is issued.
(c) The Chief of Police shall either approve or deny the renewal of a permit within forty-five (45) working days of receipt of the complete application. The Chief of Police may extend the time for consideration of the application for up to an additional fifteen (15) working days with the written consent of the applicant.
(d) The Chief of Police shall approve the renewal of a permit if he or she finds that no circumstances existed during the term of the permit, existed at the time of submission of an application for renewal, or existed at any time during the review of the application for renewal that is inconsistent with any finding required for approval of a new permit for the applicant or location as specified in section 5.45.100 or would justify the suspension or revocation of the permit as specified in section 5.45.160. Notwithstanding the above, the Chief of Police may add, delete or modify the permit conditions as a condition of permit renewal, using the criteria set forth in section 5.45.110.
(Code 2002, § 6-207. Ord. No. 07-8)
5.45.180 Appeals.
(a) Any person aggrieved by the decision of the Chief of Police with reference to sections 5.45.090, 5.45.100, 5.45.110, 5.45.160, and 5.45.170 shall have the right of appeal to the City Manager. Such appeal shall be in writing on a form prescribed by the City Manager and shall be filed with the City Manager’s Office within ten calendar days of the action being appealed.
(b) Any person aggrieved or dissatisfied with the decision of the City Manager may appeal to the City Council pursuant to section 2.05.040 of this Code.
(Code 2002, § 6-208. Ord. No. 07-8)
5.45.190 Permits issued prior to the effective date of this section.
Unless an earlier expiration date is specified in the terms of the permit itself, an entertainment permit issued on or before the effective date of this section shall be valid for one year from the effective date of this section and shall terminate thereafter. Notwithstanding any other provision of this chapter, all entertainment permits issued on or before the effective date of this section shall be subject to suspension or revocation pursuant to section 5.45.160.
(Code 2002, § 6-209. Ord. No. 07-8)
5.45.200 Enforcement.
Pursuant to the city’s prosecutorial discretion, the city may enforce violations of the provisions of this article as criminal, civil and/or administrative actions. Any entertainment establishment operated, conducted, or maintained contrary to the provisions of this article shall be unlawful and a public nuisance, and the City Attorney may, in the exercise of discretion, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in any manner provided by law.
(Code 2002, § 6-210. Ord. No. 07-8)
5.45.210 Severability.
If any provision or clause of this article or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision of application, and to this end the provisions of this article are declared to be severable.
(Code 2002, § 6-211. Ord. No. 07-8)