A. It shall be unlawful for any person to provide hereafter any place of business where “entertainment” as defined herein is permitted or allowed to be conducted without first obtaining an Entertainment Permit (“EP”) as provided in the manner and means set forth in this Chapter.
B. Any applicant for an EP shall file an application with the Police Department stating in detail the nature, duration and frequency of the proposed entertainment. If such entertainment is patently of a nature protected by the First Amendment, then such EP shall be issued summarily, in accordance with Chapter 5.64, unless the Chief of Police finds that the proposal will cause a secondary effect upon the public peace, welfare, safety and morals that such EP should be denied in the public interest. If the proposed EP does not involve First Amendment rights, then the decision to approve or deny shall be based on the welfare of the community and the police problems involved. Action by the Chief of Police to approve or deny shall be taken within ten (10) days after the application is deemed complete and all information requested has been supplied.
C. If the EP is approved, it shall contain such conditions as will mitigate any secondary impacts found; if the EP is denied, the reasons for denial shall be provided, together with alternate locations where such EP might be approved.
D. Any applicant dissatisfied with the approval or disapproval of an EP by the Chief of Police may within ten (10) days thereafter appeal to the City Council, which shall hold a public hearing thereon at its next regular meeting complying with agenda requirements. The decision of the City Council shall be final.
[Ord. No. 258, Section 2, adopted 11/10/92; Ord. 462, Section 3, 5/9/07.]