Chapter 5.44
ENTERTAINMENT*

*    For power to license, see Gov. Code § 37101.

Sections:

5.44.010    Definitions.

5.44.020    Entertainment – Permit required.

5.44.030    Accessories.

5.44.040    Written applications required.

5.44.050    Application contents.

5.44.060    Notice of change.

5.44.070    Investigation.

5.44.080    Inspection.

5.44.090    Approval of permit.

5.44.100    Permit conditions.

5.44.110    Notice of decision.

5.44.120    Duration.

5.44.130    Display of permit.

5.44.140    Assigning of permit prohibited.

5.44.150    Posting of rules and regulations.

5.44.160    Rules and regulations.

5.44.170    Suspension.

5.44.180    Revocation.

5.44.190    Nonprofit organizations.

5.44.200    City property.

5.44.210    Appeal.

5.44.220    Penalties.

5.44.230    Public nuisance abatement.

5.44.010 DEFINITIONS.

For the purpose of this chapter, 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:

(1)    “Appellant” means a person who perfects an appeal pursuant to this chapter;

(2)    “Applicant” means a person, firm, or corporation who, or which files an application for a new or renewal permit as provided herein;

(3)    “Chief of police” is the chief of police of the city of Santa Cruz, or his assistant or acting chief of police;

(4)    “Day” means calendar day;

(5)    “Entertainment” means:

(a)    Any act, play, review, pantomime, scene, dance, or song and dance act, performed by one or more persons, whether or not such person or persons are compensated for such performances, or

(b)    Any form of live music, bands, live vocal or instrumental sound, performed by one or more persons, whether or not such person or persons are compensated for such music, or

(c)    Any form of dancing upon the premises by patrons thereof, or

(d)    Any fashion or style show, except when the same is conducted by a person as a part of a commercial business which primarily involves the sale or manufacture of clothing or wearing apparel;

(6)    “Lewd conduct” means but is not limited to any violation of Sections 288, 288(a), 311.6, 314, 647(a) or 647(b) of the Penal Code, or any violation of similar statutes in other jurisdictions;

(7)    “Nonprofit corporation” means any religious, governmental or nonprofit organization which operates without private profit for a charitable, educational, fraternal or religious purpose or which has been declared exempt from franchise tax by the California State Franchise Tax Board;

(8)    “Notice” means written notice, given by personal service upon the addressee, or, given by United States mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of United States Postal Service;

(9)    “Performer” means any person who performs any entertainment;

(10)    “Permittee” means any person, firm, or corporation who, or which shall be granted a permit as provided herein, and his or its agents and representatives;

(11)    “Person” means natural person, firm, corporation, or association.

(Ord. 72-34 § 1 (part), 1972).

5.44.020 ENTERTAINMENT – PERMIT REQUIRED.

It is unlawful for any person conducting, operating, owning, or in control of any premises open to the public, or private club within the city of Santa Cruz to allow any entertainment including dancing, upon the premises, or in or upon any adjoining room or premises, unless such person holds a valid permit therefor, pursuant to the provisions of this chapter.

(Ord. 72-34 § 1 (part), 1972).

5.44.030 ACCESSORIES.

It is unlawful for any person:

(1)    To perform any entertainment on premises which do not have the required entertainment permit when said person has knowledge of the lack of such permit; or

(2)    To assist, permit or counsel any person to violate any provisions of this chapter.

(Ord. 72-34 § 1 (part), 1972).

5.44.040 WRITTEN APPLICATIONS REQUIRED.

An application for an entertainment permit or renewal of such permit shall be filed with the finance director, shall be in writing on forms provided by the city, shall be in duplicate, and shall be accompanied by the appropriate fee. The application and renewal fees for an entertainment permit shall be set by resolution of the city council. Fees are established to cover part of the cost of the investigation and processing of applications and are not refundable. Applications shall be verified as provided by the California Code of Civil Procedure for the verification of pleadings.

(Ord. 72-34 § 1 (part), 1972).

5.44.050 APPLICATION CONTENTS.

Each application shall contain:

(1)    A complete identification of the applicant;

(2)    Names, citizenship, residence and business addresses of any copartners, including limited partners; or, if the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation together with the date and place of incorporation, the names and residence addresses of each of the officers, directors, and each stockholder owning more than ten percent of the stock of the corporation. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply;

(3)    The names, residence and business addresses of the managers and persons to be in charge;

(4)    The name, residence and business address and written consent of the owner of the premises, who shall indicate his consent to entertainment being conducted upon the premises by signing the application in the space provided;

(5)    The address and the particular room or rooms for which the permit is required, the square foot area thereof to be used for dancing or entertainment, and the seating capacity for service of meals and beverages;

(6)    The exact nature of the proposed business for which the permit is requested, and the name under which it is to be operated;

(7)    Whether or not any person referred to in subsections (1), (2), (3) or (4) of this section, has had a permit for the same or any similar business suspended or revoked anywhere, and, if so, the circumstances of such suspension or revocation. The suspension or cancellation of a liquor license shall be considered as being included within the purpose of this paragraph;

(8)    Whether or not any person mentioned in subsections (1), (2), (3) or (4) of this section has ever been arrested for other than a Vehicle Code violation, and if so, the details of the arrest, the nature of the charge, and its disposition;

(9)    A statement in detail of the kind of entertainment which is to be conducted on the premises;

(10)    The hours of operation;

(11)    Such other related information as the chief of police may require.

(Ord. 72-34 § 1 (part), 1972).

5.44.060 NOTICE OF CHANGE.

Whenever any change occurs relating to the written information required by Section 5.44.050, the applicant or permittee shall give notification of such change to the police department within twenty days after such change or at any hearing conducted under this chapter if such hearing is conducted before the above notification has been given.

(Ord. 72-34 § 1 (part), 1972).

5.44.070 INVESTIGATION.

The police department shall conduct an appropriate investigation to determine whether the permit should be issued in accordance with the provisions of this chapter as hereinafter set forth. The chief of police may request the assistance of any city department for the purpose of such investigation and he shall consider any relevant factual material relating to such application. The city of Santa Cruz may cause the fingerprints to be taken of any person referred to in subsections (1), (2), (3) or (4) of Section 5.44.050 of this chapter.

(Ord. 72-34 § 1 (part), 1972).

5.44.080 INSPECTION.

The police department shall inspect any and all establishments licensed pursuant to this chapter. As an express condition to every permit, police officers and any official city inspectors shall be allowed by every permittee to enter free of charge for the purpose of inspecting any establishment licensed under this chapter.

(Ord. 72-34 § 1 (part), 1972).

5.44.090 APPROVAL OF PERMIT.

After an investigation, the chief of police shall approve the application for the entertainment permit or renewal of such permit if he finds:

(1)    A completed written application form therefor has been filed; and

(2)    The required fee therefor has been paid to the city finance director; and

(3)    As a result of his investigation all applicable provisions of this chapter, with regard to such permit application, have been met; and

(4)    That the operation by the applicant will be carried on in a building, structure and location which complies with and meets all of the health, zoning, fire, building and safety requirements and standards of the laws of the state of California and ordinances of the city of Santa Cruz applicable to such business operation; and

(5)    That the applicant, his employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder or manager has not been convicted in a court of competent jurisdiction by final judgment, within the last ten years, of:

(a)    An offense involving the presentation, exhibition, or performance of an obscene production, motion picture or play, or

(b)    An offense involving lewd conduct, or

(c)    A felony offense involving the use of force and violence upon the person of another;

(6)    That the applicant, his employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder or manager has not knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with any city agency; and

(7)    That the applicant has not had a similar type permit previously revoked for good cause within the past year unless the applicant has shown a material change in circumstances since the date of revocation.

(Ord. 72-34 § 1 (part), 1972).

5.44.100 PERMIT CONDITIONS.

Upon approval of the application for entertainment permit or renewal of such permit, the chief of police shall issue such permit upon such special terms and conditions and restrictions not in conflict with any paramount law, as may be necessary to protect the public peace, health, safety or general welfare of the city or its inhabitants.

(Ord. 72-34 § 1 (part), 1972).

5.44.110 NOTICE OF DECISION.

Notice of decision of the chief of police with reference to a permit application under this chapter shall be made to the applicant or to any other person requesting such notice within thirty days after receipt of application for a permit or renewal of such permit.

(Ord. 72-34 § 1 (part), 1972).

5.44.120 DURATION.

The permit shall expire one year after the date of issuance; provided, however, such permits may be renewed for additional periods of one year upon the approval of the chief of police.

(Ord. 72-34 § 1 (part), 1972).

5.44.130 DISPLAY OF PERMIT.

Every person holding a permit issued under this chapter shall keep the same posted in a conspicuous place upon the licensed premises in open and clear view.

(Ord. 72-34 § 1 (part), 1972).

5.44.140 ASSIGNING OF PERMIT PROHIBITED.

The assignment or attempt to assign any permit issued hereunder is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void.

(Ord. 72-34 § 1 (part), 1972).

5.44.150 POSTING OF RULES AND REGULATIONS.

Every person holding a permit issued under this chapter shall keep such general rules and regulations as may be adopted by resolution of the city council, posted immediately adjacent to the permit in a conspicuous place upon the licensed premises in open and clear view of customers.

(Ord. 72-34 § 1 (part), 1972).

5.44.160 RULES AND REGULATIONS.

It is unlawful for any person to violate any of the following rules and regulations:

(1)    For any person employed in any establishment for which a permit is required under this chapter to solicit drinks of alcoholic beverages from any customer while so employed;

(2)    To conduct, show, stage, perform, produce, or permit any entertainment between the hours of two a.m. and ten a.m. in any establishment for which a permit is required under this chapter except by specific prior written authorization from the chief of police and under the conditions therein set forth;

(3)    To conduct or permit any dancing between the hours of two a.m. and ten a.m. on any day;

(4)    To permit persons to enter or remain in any establishment for which a permit is required under this chapter in excess of the room capacity set by the fire marshal.

(Ord. 72-34 § 1 (part), 1972).

5.44.170 SUSPENSION.

The chief of police shall suspend any permit issued hereunder, if he finds:

(1)    That the operation, as conducted by the applicant, does not comply with all the health, zoning, fire, building and safety requirements and standards of the laws of California and ordinances of the city of Santa Cruz applicable to such business operation;

(2)    That the applicant, his employee, agent or any person connected or associated with applicant as partner, director, officer, stockholder or manager has been convicted in a court of competent jurisdiction, by final judgment, within the last ten years, of:

(a)    An offense involving the presentation, exhibition, or performance of an obscene production, motion picture, or play, or

(b)    An offense involving lewd conduct, or

(c)    A felony offense involving the use of force and violence upon the person of another;

(3)    That the applicant has violated any provisions of this chapter or is in violation of any general or special condition of the permit;

(4)    That the applicant, his employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, or manager has knowingly made false, misleading or fraudulent statement of a material fact in the application for permit, or in a report or record required to be filed with any city agency;

(5)    That the applicant has had a similar type permit previously revoked for good cause and has not shown a material change in circumstances since the date of revocation.

The chief of police, in the case of such suspension, shall serve the permittee with a written order of suspension, which shall state the reasons for the suspension. The order shall be effective immediately if personally served, or forty-eight hours after the same has been deposited in the course of transmission with the United States Postal Service.

Immediately upon such an order becoming effective, the permittee shall cease all operations under such permit.

(Ord. 72-34 § 1 (part), 1972).

5.44.180 REVOCATION.

The suspension shall become a revocation ten days after the order of suspension becomes effective unless the permittee files an appeal of the order of suspension.

Where an appeal is filed, the order shall be stayed pending a determination thereon by the city council. The suspension shall become a revocation if the suspension of the chief of police is upheld.

(Ord. 72-34 § 1 (part), 1972).

5.44.190 NONPROFIT ORGANIZATIONS.

An entertainment permit as provided for in Section 5.44.020 shall be required of all bona fide nonprofit organizations which own premises upon which entertainment, including dancing, takes place; provided, however, that the permit application fees and permit renewal fees as provided for in Section 5.44.040 shall not be required of any such bona fide nonprofit organizations.

(Ord. 88-64 § 1, 1988: Ord. 72-34 § 1 (part), 1972).

5.44.200 CITY PROPERTY.

An entertainment permit shall not be required of any person in connection with the use of city property, unless such property is leased for a period which exceeds five consecutive days.

(Ord. 72-34 § 1 (part), 1972).

5.44.210 APPEAL.

Any person aggrieved by the decision of the chief of police with reference to the approval or denial of an application for a permit or renewal of such permit or suspension of a permit may appeal such decision according to Chapter 1.16 of this code.

(Ord. 72-34 § 1 (part), 1972).

5.44.220 PENALTIES.

Any person violating any of the provisions of this chapter is subject to the penalties provided in Chapter 1.08 of this code.

(Ord. 76-2 § 4, 1976: Ord. 72-34 § 1 (part), 1972).

5.44.230 PUBLIC NUISANCE ABATEMENT.

Any business establishment providing entertainment maintained contrary to the provisions of this chapter or without a valid permit shall be, and the same is declared to be unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of any criminal action taken under this title, commence an action or proceeding for abatement, removal or enjoinment thereof in the manner provided by law and shall apply to such court as may have jurisdiction to grant such relief to abate or remove such establishments and restrain and enjoin any person from operating, conducting or maintaining such an establishment where entertainment is provided contrary to the provisions of this chapter.

(Ord. 72-34 § 1 (part), 1972).