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A. Definitions: For purposes of this section, the terms listed below shall have the following meanings:
BUSINESS TRIANGLE: That area of the city of Beverly Hills bounded by the centerline of Wilshire Boulevard to the south, the centerline of Santa Monica Boulevard (south roadway) to the north and west, and the centerline of the alley between Cañon Drive and Crescent Drive to the east.
LIVE ENTERTAINMENT: Any entertainment, other than live musical accompaniment to dining, provided by live performers, including patrons, at any establishment.
LIVE MUSICAL ACCOMPANIMENT TO DINING: A musical performance in a restaurant by no more than two (2) performers, including patrons, that does not include any dancing, singing, or spoken words. For purposes of these regulations a disc jockey is considered a performer, as is any other person whose performance is comprised of selecting or manipulating prerecorded selections of music.
NIGHTCLUB TYPE ACTIVITY: Any bar, nightclub, discotheque, cocktail lounge, restaurant or other establishment which includes beverage service, whether alcoholic or nonalcoholic, and dancing by patrons or others and/or other live entertainment, whether such activities are the principal business use or incidental to a principal use, as the term "use" is defined in section 10-3-100 of this chapter.
RESTAURANT: Any establishment, including an establishment located inside a hotel or other use, that has as its primary activity the preparation and provision or service of food and beverages to its customers and that charges its customers, either directly or indirectly, for such commodities and service.
B. Live Musical Accompaniment To Dining; Regulations And Restrictions: Except as expressly provided for in subsections D and E of this section, live musical accompaniment to dining is the only form of live entertainment permitted in any area of the city outside the business triangle, subject to the following standards and restrictions:
1. Food Service Available: The live musical accompaniment to dining is permissible only during those times when food and beverage service is available to restaurant patrons;
2. Day And Time:
a. On Mondays through Thursdays, no live musical accompaniment to dining is permitted before seven o'clock (7:00) A.M. or after ten o'clock (10:00) P.M.;
b. On Sundays and holidays, no live musical accompaniment to dining is permitted before nine o'clock (9:00) A.M. or after ten o'clock (10:00) P.M.;
c. On Friday mornings no live musical accompaniment to dining is permitted before seven o'clock (7:00) A.M.;
d. On Saturday mornings, no live musical accompaniment to dining is permitted before nine o'clock (9:00) A.M.;
e. On Friday and Saturday evenings, live musical accompaniment to dining is permitted until one hour after the last patron is permitted to be received by the restaurant, but in no case later than twelve o'clock (12:00) midnight.
3. Separation From Dining Area: Live musical accompaniment to dining may not be offered in a bar area, lounge or other area of the restaurant if that area is separated entirely from any other area of the restaurant by any floor to ceiling wall or is separated from any other area of the restaurant by any floor to ceiling wall and a door or divide that is capable of being closed;
4. Staging: Areas where musicians perform may not be located on any raised platform, stage or other mechanism designed to enhance the visibility of the musicians to restaurant patrons and may not have any special lighting other than ambient restaurant lighting and lighting specifically focused upon and designed to illuminate any sheet music the musicians might use;
5. Number Of Performers: Any live musical accompaniment to dining permitted by this section is limited to a maximum of two (2) persons performing on the premises of the restaurant at any given time;
6. Types Of Performance: Any live musical accompaniment to dining shall not include any dancing, singing or spoken word performances, by the performers, the patrons or any other persons;
7. Noise Level: All live musical accompaniment to dining shall take place inside the structure where the restaurant business is located and shall not occur in any outdoor area, including, without limitation, any outdoor area where outdoor dining is permitted. No speakers or other sound transmission equipment are permitted in any area outside the restaurant that permits live musical accompaniment to dining. The premises within which any restaurant that permits live musical accompaniment to dining is located shall contain sufficient sound absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property, public rights of way or within any separate units within the same building where the restaurant is located. There shall be no open doors or windows permitted at any restaurant that permits live musical accompaniment to dining. All live musical accompaniment to dining shall be performed at sound levels within the restaurant that permit persons within the restaurant to converse without straining to speak or be heard;
8. Charges Or Fees: No cover charge, admission fee, surcharge, or any other fee exacted as a condition of entering or exiting the restaurant, or in connection with the provision of any permissible form of entertainment, may be imposed in restaurants where there is live musical accompaniment to dining.
C. Prerecorded Music; Regulations And Restrictions: Notwithstanding any other provision of this code, prerecorded music may be played inside an establishment outside the business triangle during any hours the establishment is lawfully operating, provided the volume levels conform to the noise level standards set forth in subsection B7 of this section.
D. Live Entertainment; Regulations And Restrictions: Excluding nonconforming nightclub type activities regulated pursuant to subsection E of this section, any form of live entertainment, including, without limitation, nightclub type activities, other than live musical accompaniment to dining regulated pursuant to subsections A and B of this section, is expressly prohibited outside the business triangle, except inside hotels operating pursuant to a conditional use permit issued pursuant to article 38 of this chapter that expressly authorizes and regulates such activity, or inside any fixed seat theater that does not permit food or drink consumption in the seating area and that has no tables in the seating area. "Nonconforming nightclub type activities", as defined in subsection E of this section, may continue to operate outside the business triangle subject to the provisions set forth in that subsection.
Notwithstanding the provisions of this subsection, hotels located in any R-4 zone shall not contain any live entertainment, including, without limitation, any nightclub type activities. Restaurants and private dining rooms located in hotels in the R-4 zone and operating in conformity with section 10-3-1207 of this chapter may provide live musical accompaniment to dining, subject to all of the regulations and restrictions set forth in subsection B of this section.
Notwithstanding the provisions of this subsection, nightclub type activities may be conditionally permitted in the C-5 zone pursuant to a conditional use permit issued pursuant to article 38 of this chapter.
E. Nonconforming Nightclub Type Activities; Regulations And Restrictions: Notwithstanding any other provision of this section, nightclub type activities outside the business triangle lawfully in existence on July 1, 1979, that also were lawfully in existence on November 1, 1998, shall be permitted to operate or continue as a nonconforming nightclub type activity subject to the following provisions:
1. A nonconforming nightclub type activity which constitutes the principal use of the premises or which is a use or activity incidental to a restaurant as the principal use is hereby declared to be a nonconforming use, subject to all the privileges, rights restrictions, and obligations associated therewith.
2. A nonconforming nightclub type activity, other than one described in subsection E1 of this section, may be expanded, modified, or relocated within a building containing the existing conforming principal use to which the nightclub type use has been incidental provided there is first obtained the approval, or conditional approval, of the council.
F. Violations And Administrative Remedies: In addition to any and all other remedies permitted by law, any establishment outside the business triangle otherwise authorized to have live musical accompaniment to dining under this section shall be prohibited from allowing any live musical accompaniment to dining or playing any prerecorded music if three (3) or more violations of subsection B or C of this section occur at such establishment within any twelve (12) month period. If three (3) or more such violations occur, the city shall provide notice to the owner or operator of the establishment, as shown on the business license of the establishment, that live and prerecorded music shall thereafter be prohibited at the establishment. Within ten (10) days of such notice, the owner or operator may file a written request with the city clerk for a noticed hearing before a hearing officer designated by the city manager. The sole purpose of such hearing shall be to determine whether three (3) or more violations of subsection B or C of this section have occurred at the establishment within a twelve (12) month period. If the hearing officer determines that three (3) or more such violations have occurred at the establishment, then the hearing officer shall provide a written notice of the decision to the owner or operator. The notice shall also inform the owner or operator that no further live or prerecorded music shall be permitted at the establishment. The prohibition against playing music shall continue as long as the establishment operates under the same name or is owned or operated by any of the same persons or entities, either directly or indirectly. Any decision of a hearing officer under this subsection shall be appealable to the city council pursuant to title 1, chapter 4, article 1 of this code. However, notwithstanding section 1-4-104 of this code, the decision of the hearing officer shall not be stayed pending a final decision by the city council. (1962 Code § 10-704; amd. Ord. 73-O-1464, eff. 4-5-1973; Ord. 79-O-1744, eff. 9-27-1979; Ord. 94-O-2193, eff. 3-4-1994; Ord. 98-O-2295, eff. 5-1-1998; Ord. 98-O-2318, eff. 1-1-1999)