CHAPTER 4.
CABARETS AND DANCES*

*    Editor’s Note: Former Chapter 4, “Cabarets and Dances,” was amended in its entirety by Ord. 99-002. Ordinances or parts of ordinances formerly codified in this chapter include Ords. 388, 397, 456, 463, 76-09, 89-006 and 96-004.

Sections:

5-4.01    Purpose and Intent

5-4.02    Definitions

5-4.03    Cabaret or Dance Hall License Required

5-4.04    Application for a License

5-4.05    License Application Fee

5-4.06    License Application, Acceptance, Referral, Investigation and Report

5-4.07    License Issuance

5-4.08    Suspension and Revocation of Licenses

5-4.09    Procedures for the Suspension and Revocation of Licenses

5-4.10    Expiration Date of Licenses

5-4.11    Renewal Procedures and Fees for Licenses

5-4.12    Licenses Non-Assignable

5-4.13    Commencement of Operations

5-4.14    Obligation to Inform of Certain Changes concerning Licensees

5-4.15    Record and Video Systems

5-4.16    Permits for Single Cabaret or Dance Events

5-4.17    Operating Regulations

5-4.18    Licensee Responsible for Violations

5-4.19    Violation of State and City Laws

5-4.20    Patron Safety and Security

5-4.21    Posting Operating Regulations

5-4.22    Inspection for Enforcement

5-4.23    Injunctive Relief

5-4.24    Violations: Penalties

5-4.25    (Reserved)

5-4.01 Purpose and Intent.

The operation of ongoing cabarets and dance halls, as well as one-time cabaret and dance events, have the demonstrated potential for generating noise, crowd and traffic problems, interference with neighbors’ enjoyment and use of their property, disorderly conduct, vandalism and other criminal activity. Such uses thus require close coordination with the planning and land use process. Therefore, the City Council determines that the public health, safety and welfare requires the establishment of regulations for the operation of ongoing cabarets and dance halls, as well as for one-time cabaret and public dancing events. The City Council finds it necessary to regulate:

(a)    The persons who will own and/or operate cabarets and dance halls, as well as conduct occasional cabaret or public dance events;

(b)    The location and operation of cabarets and public dances in the City, including noise, hours of operation and patron security and safety; and

(c)    The issuance of permits and licenses, including limitations on transfer and assignment, regarding cabarets and public dances.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.02 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)    “Applicant” shall mean a living person, corporation or partnership who applies for a license to establish, operate, manage or maintain a cabaret or dance hall.

(b)    “Application” shall mean the form submitted by the owner or operator that when completed by the applicant contains information requested by the City of Emeryville upon which the City Council may base their approval or denial of such application.

(c)    “Cabaret” shall mean any event or place where live entertainment is provided by or for any patron or guest, including but not limited to: singing, playing music, dancing, acting, holding a fashion show, performing pantomime, performing comedy or other act or performance and to which admission:

(1)    may be gained by the public generally with or without the payment of a fee or cover charge or the purchase or presentation of a ticket or token; or

(2)    may be gained by a person without invitation or by anyone who cannot be identified at the time of the issuance of the invitation by the sender.

(d)    “Day” shall mean a working day during which the City’s administrative departments are open and available to the general public.

(e)    “Dance hall” shall mean any room, place, building, space or location where a public dance is conducted.

(f)    “Employee” shall mean any person employed by a licensee, with or without compensation, in a cabaret or dance hall.

(g)    “License” shall mean a license granted by the Emeryville City Council to an applicant to operate a cabaret or dance hall in the City of Emeryville.

(h)    “Licensee” shall mean any person who holds a current, valid license, issued by the City of Emeryville to operate an on-going cabaret or dance hall.

(i)    “Owner” shall mean any person, persons, corporation or partnership, or any combination of these, that has any interest, legal or equitable, in any cabaret or dance hall or any cabaret or dance hall license, excepting a bona fide lending institution licensed by the State of California or the federal government.

(j)    “Permit” shall mean a permit granted by the Emeryville City Council to an applicant to hold a specific, one-time cabaret or public dance event in the City of Emeryville.

(k)    “Person” shall mean and include individual, firm, association, partnership, joint venture or corporation (whether for-profit or nonprofit).

(1)    “Premises” shall mean any structure or portion of a structure to be licensed or permitted, or for which a license or permit has been granted in accordance with the provisions of this section, which contains a cabaret or dance hall.

(m)    “Public dance” shall mean any event where guests, patrons or persons attending the event are permitted to dance, not including a licensed cabaret, and to which admission:

(1)    may be gained by the public generally with or without the payment of a fee or cover charge or the purchase or presentation of a ticket or token; or

(2)    may be gained by a person without invitation or by anyone who cannot be identified at the time of issuance of the invitation by the sender.

(n)    “Tax and License Department” shall mean the Finance Department for the City of Emeryville.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.03 Cabaret or Dance Hall License Required.

No person shall establish, maintain, manage or operate any cabaret or dance hall or permit or allow any cabaret or dance hall to be established, maintained, managed or operated within any building or structure, or any portion of a building or structure, owned, occupied or controlled by him/her unless such cabaret or dance hall is maintained and operated pursuant to a valid, unexpired, unsuspended and unrevoked cabaret or dance hall license or permit issued pursuant to the provisions of this chapter. The holder of any such license or permit or his/her designated representative, which representative must have been disclosed in writing to the Chief of Police, shall be required to exercise personal control and direction over the operation of the cabaret or dance hall and shall be available at reasonable times, during regular operating hours, to the Chief of Police or designated representative.

The requirement for a cabaret or dance hall license is in addition to any other license or permit required by the City of Emeryville Municipal Code, including but not limited to a Business Tax Certificate pursuant to Chapter 1 of Title 3 or any use permit or variance pursuant to Chapter 4 of Title 9.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.04 Application for a License.

Two copies of an application for a cabaret or dance hall license, as required by this chapter, shall be completed by the applicant and filed with the Police Department upon such form as may be furnished by that department. The Police Department shall forward one copy of the application to the Director of the Finance Department. The application shall set forth and include the following:

(a)    The location of the cabaret or dance hall for which the license is required, including a specific description of the place, building, structure or portion of the building, structure or place, where the cabaret or dance hall is to be situated. If the entire building, structure or place is proposed to be used as a cabaret or dance hall, the application shall so state and shall request a license for the entire building, structure or place. If only a portion of the building, structure or place is proposed to be used as a cabaret or dance hall, the applicant shall so state, shall describe such portion and shall request a license for only such portion. No license shall be deemed issued for any portion of any building, structure or place which the application fails to state is to be used for cabaret or dance hall purposes or for which the application fails to specifically request a license;

(b)    A valid conditional use permit issued by the Planning Commission of the City of Emeryville for the location to be used as a cabaret or dance hall which shall address the following issues.

(1)    nature of the use,

(2)    noise,

(3)    days and hours of operation,

(4)    security measures,

(5)    lighting,

(6)    minors,

(7)    alcohol use and sale,

(8)    parking,

(9)    building and floor plans for the premises, and

(10)    any other issues deemed necessary by the Planning Commission;

(c)    The true and complete name and address of each owner or owners of the building, structure or place within which the cabaret or dance hall is proposed to be maintained;

(d)    The true and complete name and address of the person or persons to whom it is requested that a cabaret or dance hall license be issued as follows:

(1)    If the proposed licensee is an individual, the application shall set forth the name, residence and business address of the individual,

(2)    If the proposed licensee is a corporation, the application shall set forth the complete name of the corporation and the state within which it is incorporated, together with its home address and also its local address, as well as the names and addresses of the board of directors, the names and addresses of all of the corporate officers, and the name and addresses of each shareholder for a non-publicly traded corporation,

(3)    If the proposed licensee is a partnership, the application shall set forth the full names of all partners and the firm name under which the partnership operates, together with the addresses of all partners;

(e)    A set of clearly identifiable fingerprints and photographs of each person to whom a license is to be granted; or in the case of a partnership, fingerprints and photograph of the managing partner; or in the case of a corporation, fingerprints and photograph of the president or chief executive officer. The fingerprints and photographs shall be in the form and manner and by an agency approved by the Chief of Police. Each person shall have paid to the Police Department the current fee set by the City of Emeryville’s Master Fee Schedule for receiving and processing fingerprints so taken;

(f)    A statement as to whether or not any of the persons required to be named in the application have at any time been convicted of any crime or crimes and if so, the nature of the crime for which they were convicted, the date and jurisdiction of the conviction;

(g)    A statement describing any previous permit or license obtained by the applicant for the sale of alcohol or any entertainment or dancing activities with a statement as to whether any permit or license previously granted to the applicant has been denied, revoked or suspended, and also, the type of permit or license which was denied, suspended or revoked, the time of denial, revocation or suspension, the jurisdiction denying, suspending or revoking the permit or license and the reasons for such action;

(h)    A statement that the applicant understands and agrees that the cabaret or dance hall established or maintained under any license issued pursuant to the application filed shall be established, operated, managed and maintained in full conformity with all the laws of the State of California and the applicable laws and regulations of the City of Emeryville, and that any violation of any such laws in or in connection with the cabaret or dance hall shall render any license subject to immediate suspension or revocation;

(i)    A full and complete financial statement of the applicant (the individual, partnership or corporation);

(j)    A statement that the applicant understands and agrees that City representatives, including the Chief of Police or designee, shall have access to the proposed cabaret and dance hall premises and to the business records of the applicant for the purpose of investigating compliance with the provisions of this chapter and all other applicable state and federal laws and regulations, and the applicant consents to any such search and consequential seizure;

(k)    A statement that the applicant understands and consents for itself and any individuals named in the application and thereby authorizes the Emeryville Police Department to conduct background investigations and obtain criminal history information for each individual named in the application and further to include in any report to the City Manager and City Council any information, including but not limited to any criminal convictions, that the Chief of Police considers relevant and necessary concerning any person named in the application;

(l)    A detailed description of the proposed activities to be conducted including whether an admission fee or cover charge will be charged or whether tickets will be issued and the identity of all on-site managers;

(m)    A description of security measures the applicant has or will take or cause to be taken, including security personnel staffing, training and provision of security in and around off-street parking areas and whether security personnel will be armed;

(n)    A statement regarding the days and hours of operation to which the licensee will adhere;

(o)    The building and floor plan of the premises, which shall have no hidden rooms or screens and which once the license is issued shall not be modified without the prior written approval of the City;

(p)    A statement regarding whether alcohol will be served and whether the applicant has or will be applying for a license from the Department of Alcoholic Beverage Control;

(q)    Such other information that the applicant or the City may consider pertinent; and

(r)    The contents of the application shall be certified under penalty of perjury as follows:

(1)    By the proposed licensee if an individual,

(2)    By a general partner if the proposed licensee is a partnership, or

(3)    By the president of the corporation if the proposed licensee is a corporation.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.05 License Application Fee.

A nonrefundable application fee, the amount of which is set in the City of Emeryville’s Master Fee Schedule, shall accompany the application and shall be retained by the City for the cost of investigating and processing of the application whether or not the application is approved. The application fee shall be paid to the Tax and License Department before the application is submitted to the Police Department.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.06 License Application, Acceptance, Referral, Investigation and Report.

(a)    Upon receipt of an application for a cabaret or dance hall license, the Police Department shall examine it, and if it is determined that it fails to comply with the requirements of this chapter or does not contain all the information required by this chapter, the application shall be returned to the applicant for proper completion of the application, together with a statement indicating the deficiencies. If the application does comply, the Police Department shall refer copies to other City offices as needed, including the Planning Department regarding any issues that may have arisen since the Conditional Use Permit was issued.

(b)    The City Manager shall be responsible for the gathering of all reports and pertinent information from other City departments and completing a final report to the City Council for their acceptance or denial of the application.

(c)    The Chief of Police shall investigate or cause to be investigated, the contents of the application. The Chief of Police, or a representative of the Chief of Police, is hereby authorized to conduct background investigations and obtain criminal history information for each person required to be named in the application for determining whether any such person should be disqualified for any of the following reasons:

(1)    Applicant has been convicted of any crime punishable as a felony or any misdemeanor involving dishonesty or moral turpitude or has entered a plea of nolo contendere to any lesser or included offense, including but not limited to crimes involving battery, assault, robbery, burglary, gambling, larceny, fraud, sale or possession for sale of a controlled substance, prostitution, pimping, pandering, or lewd conduct.

(2)    Applicant has associated with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.

The Chief of Police, within sixty (60) days of receipt of a complete application shall submit a written report to the City Manager containing a recommendation as to whether the requested license should be granted, and shall give reasons for the recommendation.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.07 License Issuance.

(a)    Within thirty (30) days of receipt of the completed final report from the City Manager, the City Council shall conduct a public hearing to consider the issuance of a license and may, by majority vote, direct the Police Department to issue a license to the applicant. The license may be approved subject to such conditions, limitations and restrictions as may be deemed reasonably necessary. Each license approved by the City Council shall be subject to the licensee’s compliance with all applicable provisions of this chapter as well as such conditions, limitations and restrictions as the City Council may require.

(b)    No license shall be approved if it appears that any one (1) of the following facts exists:

(1)    The applicant for the license has not obtained an approval of a conditional use permit for the cabaret or dance hall as required by Title 9 of the Emeryville Municipal Code; or

(2)    The operation of a cabaret or dance hall at the proposed location will aggravate the crime problems in the area, or otherwise be detrimental to crime prevention or be detrimental to the public peace, health, welfare or safety in the area; or

(3)    The report of the Chief of Police, Fire Chief, Building Inspector or Planning Commission indicates that the license would result in a violation of the laws or regulations such officials administer; or

(4)    That the applicant, its owners, officers or employees are unfit to operate a cabaret or dance hall business. In making such determination, the Council may consider:

a.    The commission of any acts by the applicant, its owners, officers, or employees involving dishonesty, fraud or deceit with the intent to benefit substantially oneself or another, or substantially injure another,

(b)    The license and permit history of the applicant, its owners, officers and employees, and whether such person in previously operating in this or another state under a license or permit has had such license or permit revoked, denied or suspended, the reasons for such action, and the resulting actions of such persons,

c.    If the applicant does not have, in the judgment of the City Council, the financial capability or business experience to operate a cabaret or dance hall in a manner that would protect its patrons and the citizens of the community; or

(5)    That the applicant has failed to comply with any of the provisions of the Emeryville Municipal Code or other applicable laws applicable to the premises, equipment or operation of the business for which a permit is requested; or

(6)    That the applicant has knowingly made false statements in the application.

(c)    Upon the approval or conditional approval of a license by the City Council, the license shall be issued to the applicant pursuant to such conditions, limitations and restrictions required by the City Council. In the case of a partnership, a license shall be issued in the name of all the partners.

(d)    In the event an application is denied, the Police Department shall notify the applicant within ten (10) days of such denial and the reasons for the denial.

(e)    Under no circumstances shall any conditions attached to any license be construed to convert such license into any kind of transferable, conditional use permit.

(f)    Every licensee under this chapter shall pay a business tax as set forth in Chapter 1 of Title 3 of the Emeryville Municipal Code.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.08 Suspension and Revocation of License.

All licenses authorized and issued under the provisions of this chapter shall be subject to suspension or revocation by majority vote of the City Council under any of the following conditions:

(a)    The licensee, or any employee or agent of such licensee has knowingly failed to comply with any of the provisions of this chapter; or

(b)    The licensee, or any employee or agent of such licensee, has knowingly breached any term or condition upon which the cabaret or dance hall license was issued; or

(c)    Facts exist which would justify denial of an application for such license pursuant to this chapter; or

(d)    The cabaret or dance hall is conducted in such a manner as to constitute a nuisance, or to disturb the peace of persons in the vicinity or to be deleterious to the public peace, morals, health, safety or welfare; or

(e)    The conditional use permit approved for the cabaret or dance hall has been suspended or revoked; or

(f)    The licensee has failed or refuses to pay such fees or taxes imposed under the Emeryville Municipal Code when due and payable.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.09 Procedures for the Suspension and Revocation of Licenses.

Existing cabaret or dance hall licenses may be suspended or revoked pursuant to the following procedures:

(a)    The City Council may, by majority vote, suspend or revoke any cabaret or dance hall license after a hearing of which at least ten (10) days’ notice shall be given to the licensee of the time, place and purpose. Such notice may take the format of an order to show cause, addressed to the licensee, requiring such licensee to show cause before the City Council at a time, date and place stated, why the license should not be suspended or revoked. The order to show cause shall set forth the reasons or grounds upon which such suspension or revocation is proposed.

(b)    Should the City Council exercise the authority granted to them under the authority of subsection (a) and suspend or revoke the license of any cabaret or dance hall, the City Manager shall notify the license in writing as to the action taken. Suspension or revocation of a license by the City Council shall be effective immediately after notice given by the City Manager of the Council’s decision.

(c)    At any hearing under this section, the licensee may appear, either in person or by counsel, or both in person and by counsel and may produce and submit any relevant evidence such licensee may desire, oral or documentary.

(d)    No licensee or other persons in charge or control of any cabaret or dance hall operating under any license held or issued pursuant to the provisions of this chapter shall operate or manage, conduct or carry on any business or activity permitted by this chapter during any time that such license issued by the City of Emeryville has been or is suspended or revoked.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.10 Expiration Date of Licenses.

All cabaret or dance hall licenses issued pursuant to this chapter shall automatically expire on midnight of the 31st of December of the year in which such license was issued or renewed.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.11 Renewal Procedures and Fees for Licenses.

A valid license issued pursuant to the provisions of this chapter or its predecessor, which has not been surrendered, suspended or revoked, may be renewed for respective periods of not longer than one (1) year upon the following terms and conditions:

(a)    An application for renewal of any such license shall be filed sixty (60) days prior to the expiration of the existing license with the Police Department on forms provided by that Department.

(b)    Applications for renewal shall indicate whether any information required by Section 5-4.04 herein has changed, and shall be accepted, referred, investigated, reported, issued and dated as provided in Sections 5-4.06 and 5-4.07 of this chapter. If the completed application for renewal is submitted in a timely manner as required under subsection (a) above, then pending the completion of such investigations and reports, the existing cabaret or dance hall license shall not expire pursuant to Section 5-4.10 of this chapter.

(c)    If such application for renewal is not filed, or the application fee is not paid within the time specified by subsection (a) above, the license shall be deemed surrendered at the expiration date of such license.

(d)    Renewal fees for licenses shall be the same as those fees charged for new licenses.

(e)    Any current cabaret or dance hall licensee who desires to physically relocate their cabaret or dance hall must file an application for renewal pursuant to Sections 5-4.04 through 5-4.07 of this chapter and obtain a conditional use permit for such new location as required by Title 9 of the Emeryville Municipal Code.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.12 Licenses Non –Assignable.

(a)    Except as otherwise provided for in this chapter, no cabaret or dance hall license may be sold, transferred or assigned by the licensee, or by operation of law, to any person, persons or legal entity without the prior approval of the City Council, which approval shall be conditioned upon the proposed transferee’s compliance with the provisions of this chapter. Any sale, transfer or assignment, or attempted sale, transfer or assignment without such prior approval shall be deemed a voluntary surrender of such license, which license shall immediately be deemed terminated and void.

(b)    A license issued to an individual shall terminate on December 31 of the calendar year in which the individual dies, except that the personal representative of the estate of that individual may apply for renewal of the license for one (1) year providing the representative has complied with all provisions of this chapter.

(c)    If the licensee is a partnership and one (1) or more of the partners dies, the surviving partners, or partner, may, with prior approval of the City Council, acquire, by purchase or otherwise, the interest of the deceased partner, or partners, without affecting a surrender or termination of the license. In such case, the licensee shall thereafter be deemed to be the surviving partner upon notice to the City of Emeryville of such purchase or transfer.

(d)    Any change in the board of directors of a corporation which holds a license or in the managing partners of a partnership that holds a license shall require the prior approval of the City Council, which may condition such approval on any appropriate basis.

(e)    Any change of legal status of a licensee (such as a change from individual to corporate status) not otherwise provided in this section, shall require the prior approval of the City Council, which may condition such approval on any appropriate basis.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.13 Commencement of Operations.

(a)    An applicant who has received approval for a cabaret or dance hall license and paid all appropriate fees, as provided for in this chapter, must commence operation of the cabaret or dance hall within ninety (90) days following issuance of the license.

(b)    A license becomes void upon a ninety (90) day absence or suspension of operations allowed by it, regardless of the reasons for the absence or suspension of operations; except that the City Council may, during the ninety (90) days, extend the time for an additional sixty (60) days, for good cause shown.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.14 Obligation to Inform of Certain Changes Concerning Licensees.

(a)    The licensee shall notify the Police Department in writing within fourteen (14) days of any change in the information required in an application for license issuance or renewal as provided in Section 5-4.04, except that no such change need be reported if such change occurs within thirty (30) days immediately preceding the expiration of such license. At the discretion of the City, a new or amended application for a license may be required.

(b)    The Chief of Police shall promptly inform the relevant City department of any notification received pursuant to the provisions of subsection (a) above.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.15 Record and Video Systems.

The licensee shall keep and maintain all cabaret and dance hall books, documents, records and accounts (whether in printed form or as electronic media) in accordance with recognized business accounting principles. Any and all video tape recordings made for security in the cabaret or dance hall shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of seven (7) days, unless longer or shorter periods of time are ordered by the Chief of Police or designee. All tapes must be made available to any law enforcement agency for duplication upon demand.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.16 Permits for Single Cabaret or Public Dance Events.

(a)    A single cabaret or public dance event may be conducted in the City of Emeryville upon the issuance of a permit by the Chief of Police.

(b)    An applicant shall file an application with the Chief of Police at least two weeks prior to the proposed event with the application fee set forth in the City’s Master Fee Schedule. The application shall include:

(1)    The location of the cabaret or public dance event,

(2)    The true and complete name and address of the person or persons to whom it is requested that a cabaret or dance hall permit be issued, as follows:

a.    If the proposed permit is an individual, the application shall set forth the name, residence and business address of the applicant,

(b)    If the proposed licensee is a corporation, the application shall set forth the complete name of the corporation and the state within which it is incorporated, together with its home address and also its local address, as well as the names and addresses of the board of directors, the names and addresses of all of the corporate officers, and the names and addresses of each shareholder, and c.    If the proposed licensee is a partnership, the application shall set forth the full names of all partners and the firm name under which the partnership operates, together with the addresses of all partners;

(3)    The true and complete name and address of each owner or owners of the building, place or structure within which the cabaret or public dance is proposed to be conducted;

(4)    A description of the event including date and times of the event, number of people expected to attend, and whether alcohol will be served and if so whether the appropriate approval has been received by the State Department of Alcoholic Beverage Control.

(5)    A description of the security measures that will be taken, both at the event and in and around off-street parking areas, and

(6)    Any further information the Chief of police deems necessary in reviewing the application.

(b)    Any such permit for a single cabaret or public dance event shall only be approved if the event will occur in a zoning district that permits such an activity under a conditional use permit pursuant to the Zoning Ordinance set forth in Title 9 of the Emeryville Municipal Code.

(c)    In granting or denying such permit, the Chief of Police shall give consideration to the public health, safety and welfare, particularly for those persons living in the surrounding area.

(d)    Only one permit for a single cabaret or public dance event will be issued for a particular applicant or for a particular location within a three (3) month period.

(e)    Permits issued under this section are nontransferable and nonassignable.

(f)    If both cabaret and dance activities are intended, only one permit under this section will be required depending on the primary activity to be conducted.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.17 Operating Regulations.

It shall be unlawful for any person operating a cabaret or conducting a dance, or any agent, employee, or representative or such person, to permit any breach of the peace therein or any disturbance of public order or decorum by any tumultuous, riotous or disorderly conduct or otherwise, or to violate or permit the violation of any of the following regulations:

(a)    The area in which any dancing is being done shall be kept well lighted.

(b)    No immoral, obscene or illegal conduct shall be permitted.

(c)    No person under the age of eighteen (18) years shall be admitted unless accompanied by his parent, guardian or other person having the care and custody of such person.

(d)    All persons shall be fully clothed.

(e)    No person under the influence of intoxicating liquor shall be admitted.

(f)    No return check shall be issued.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.18 Licensee/Permittee Responsible for Violations.

The licensee of any cabaret or dance hall or permittee for any cabaret or public dance event shall be responsible for all violations of the laws of the State of California, or of the ordinances, regulations and conditions of the City of Emeryville, which occur within the cabaret or dance hall, whether or not the violations occur within the licensee’s/permittee’s presence or with the licensee’s/permittee’s knowledge. The licensee/permittee agrees that allowing more patrons on the premises than that authorized by the Emeryville Fire Marshall constitutes a violation of the license and may be enforced by the Police Department.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.19 Violation of State and City Laws.

No licensee or its agents or employees nor permittee or its agents or employees shall engage in or permit any other person on such premises to engage in any act in violation of the laws of the State of California or of the ordinances, regulations and conditions of the City of Emeryville.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.20 Patron Safety and Security.

The licensee/permittee shall be responsible for the security and safety of patrons in the cabaret and dance hall and in and around off-street parking areas. Security guards shall be in distinctive uniform attire that shall not resemble the uniforms worn by the Emeryville Police Department.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.21 Posting Operating Regulations.

A set of operating regulations in a form approved by the Chief of Police and containing the provisions of Sections 5-4.18 through 5-4.23 of this chapter, as well as any relevant operating conditions imposed by the City Council or the Planning Commission, shall be prominently posted by licensee/permittee in at least one (1) conspicuous location within every cabaret or dance hall, as determined by the Chief of Police.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.22 Inspection for Enforcement.

All premises operating pursuant to the terms of this chapter may be inspected for violations of this chapter at any time during normal operating hours by the Chief of Police of the City of Emeryville or duly authorized representative. Any evidence of any violation of the terms of this chapter may be seized without warrant provided that such evidence shall be specifically identified and a receipt shall be given to the owner of such evidence and to the licensee of such premises or his agent.

At all times, a designated manager or person in charge shall be on the premises and available to the Police Department. A failure to have a designated manager may result in mediate closure by the Police Department.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.23 Injunctive Relief.

In addition to the legal remedies provided for in this Code, the operation of any cabaret of dance hall in violation of the provisions of this chapter or other applicable laws and regulations shall be deemed a public nuisance and the City of Emeryville may bring an action in any court of competent jurisdiction to enjoin such nuisance.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.24 Violations: Penalties.

Any person violating any provision of this chapter or knowingly or intentionally misrepresenting to any officer or employee of the City any material fact in procuring the license or permit shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(Sec. 2 (part), Ord. 99-002, eff. Apr. 18, 1999)

5-4.25. Reserved.*

*    Editor’s Note: Former Section 5-4.25, adopted by Ord. 99-02, expired on December 31, 1999. The text of the section read as follows:

5-4.25 Existing Licenses Continued.

Every cabaret or dance hall license issued by the City Council and in effect on April 15, 1999 shall remain valid but shall be subject to all provisions of this chapter. This Section 5-4.25 shall automatically expire on December 31, 1999.