Chapter 5.56


5.56.010    Definitions.

5.56.020    Permit – Required.

5.56.030    Permit – Application – Filing.

5.56.040    Permit – Application – Fee.

5.56.050    Permit – Granting.

5.56.060    Permit – Exemptions.

5.56.070    Interior illumination.

5.56.080    Disorderly conduct.

5.56.090    Entertainment restrictions.

5.56.100    Permit – Revocation.

5.56.110    Violations – Penalty.

5.56.010 Definitions.

For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section:

“Entertainment” means any presentation or activity of any nature which is designed or intended to divert, amuse, or attract the attention of persons observing such presentation or activity, including, but not limited to, any type of presentation in which live models appear before an audience of any number of persons.

“Restaurant” means any place where food or other refreshments are served and which is open to the public, including, but not limited to, coffee shops, bars, cafes, nightclubs, beer parlors, discotheque clubs and coffee houses. [Ord. 1001 § 14, 1995. Code 1987 § 5.34.010].

5.56.020 Permit – Required.

No person shall provide or permit any type of entertainment in a restaurant, unless such person has first obtained a permit to do so from the City as provided in this chapter. [Ord. 1001 § 14, 1995. Code 1987 § 5.34.020].

5.56.030 Permit – Application – Filing.

A. Applicants for entertainment permits shall file a written, signed, and acknowledged application with the City showing:

1. The name and permanent address of applicant;

2. A detailed description of the entertainment, including type of entertainment, number of persons engaged in the entertainment, purpose of the entertainment, and any further information about the entertainment as the City may deem necessary;

3. The date, hours and location where said entertainment is proposed, and the admission fee, if any, to be charged;

4. The name or names of the person or persons having the management or supervision of applicant’s business;

5. The length of residence of the applicant within the City;

6. A statement of the nature and character of applicant’s business, if any, to be carried on in conjunction with such entertainment;

7. Whether or not the person or persons having the management or supervision of applicant’s business have been convicted of a crime, the nature of such offense, and the sentence received therefor;

8. Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant’s business as the Council may deem necessary.

B. Applicants for entertainment permits may include, but are not limited to:

1. Owner of the establishment providing or sponsoring the entertainment;

2. The entertainers themselves. [Ord. 1001 § 14, 1995. Code 1987 § 5.34.030].

5.56.040 Permit – Application – Fee.

A fee as set by resolution of the City Council shall be paid upon filing of each application for a permit for the purpose of defraying the expense incidental to the processing of said application. [Ord. 1001 § 14, 1995. Code 1987 § 5.34.040].

5.56.050 Permit – Granting.

After the filing of said applications, the City shall refer the matter to the Chief Law Enforcement Officer for investigation and report thereon. If satisfied as to the good character of the applicants and that said entertainment, as proposed, will not be detrimental to the public welfare, the City shall grant a permit. If the Chief Law Enforcement Officer has recommended that one or more police officers should be in attendance at all functions for which said permit is granted, then the permit shall be valid only upon provision by applicant at his sole cost of said officers at said function or functions.

The permit shall be granted to each applicant for the specific occasion requested, or if the request is for a continuous permit, said permit shall be issued for not longer than one year. [Ord. 1001 § 14, 1995. Code 1987 § 5.34.050].

5.56.060 Permit – Exemptions.

The provisions of LEMC 5.56.020 shall not require a permit for the following:

A. For the use of a radio or music recording machine in any establishment;

B. For any entertainment provided for members and their guests at a private club where admission is not open to the public;

C. For entertainment conducted in connection with a regularly established recreation park, circus or fairground;

D. For entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent, charitable, dramatic or literary purposes having any established membership and which holds meetings other than such entertainment at regular intervals, when proceeds, if any, arising from such entertainment are used for the purposes of such club, society or association;

E. For entertainment conducted in connection with any dance, where a valid dance permit is in full force and effect under LEMC 5.16.060(47). [Ord. 1001 § 14, 1995. Code 1987 § 5.34.060].

5.56.070 Interior illumination.

All restaurants, or structures wherein a restaurant is maintained and entertainment is provided shall maintain an interior illumination of not less than one foot-candle at floor level for exit areas as prescribed by the Uniform Building Code. Further, the minimum of one foot-candle at floor level shall apply to all interior areas wherein the restaurant is conducted and entertainment is performed. [Ord. 1001 § 14, 1995. Code 1987 § 5.34.070].

5.56.080 Disorderly conduct.

No person in charge or assisting in the conduct of any restaurant where entertainment is permitted shall permit any intoxicated, boisterous or disorderly person to enter, be or remain in, or to assist in any restaurant; and no person in an intoxicated condition shall enter or remain in any restaurant where entertainment is permitted or conduct himself in a boisterous or disorderly manner in a restaurant where entertainment is permitted. [Ord. 1001 § 14, 1995. Code 1987 § 5.34.080].

5.56.090 Entertainment restrictions.

No person shall display or exhibit moving pictures, stereopticon, or any otherwise projected picture or pictures of lewd, obscene, or immoral character, or suggestive or indicative of, or depicting or portraying vice or crime, or vicious, criminal or immoral scenes, events, actions or practices in any restaurant where entertainment is permitted. [Ord. 1001 § 14, 1995. Code 1987 § 5.34.090].

5.56.100 Permit – Revocation.

If a permit holder is cited by and has sanctions imposed by the Alcoholic Beverage Control Board for activities described in this chapter, the permit of said person shall be automatically revoked and become immediately null and void. [Ord. 1001 § 14, 1995. Code 1987 § 5.34.100].

5.56.110 Violations – Penalty.

In addition to the penalties provided in this code, the entertainment permit previously issued shall be void and shall be revoked by the City. [Ord. 1001 § 14, 1995. Code 1987 § 5.34.110].