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A fee, which shall be established by resolution of the City Council, shall be paid upon filing of an application for a new or renewed entertainment permit for the purpose of defraying the expense incidental to the processing of the application.
(`78 Code, § 5.06.050.) (Ord. 2420 § 2, 1999.)
The Chief of Police shall issue or renew a permit for a period not to exceed 12 months based upon his or her investigation, only if the Chief of Police finds and determines that:
(A) The operation, as proposed by the applicant, if permitted, would comply with ail applicable federal, state and local laws, rules and regulations, including, but not limited to, the city’s building, fire, zoning and health requirements;
(B) The applicant, each person who has a financial interest in the business or the entertainment venue or restaurant where the entertainment will be conducted and each person who will be directly engaged in the management or operation of the business or the entertainment venue or restaurant where the entertainment will be conducted:
(1) Has not been convicted in a court of competent jurisdiction within the past five years of any of the following: fraudulent business practices, selling or trafficking in stolen goods, illegal drug activity, illegal gambling, prostitution, assault, battery, rape or other criminal sexual assault or lewd conduct. If the entertainment venue or restaurant where the entertainment will be conducted will be patronized by minors, the above listed persons shall also not have been convicted in a court of competent jurisdiction within the past five years of any of the following: child abuse, sexual misconduct with a minor or the illegal serving, providing or selling of alcoholic beverages to underage persons; and
(2) Is not required to register under Penal Code § 290 or Health & Safety Code § 11590; and
(3) The applicant has not knowingly made any false, misleading or fraudulent statement of fact in the permit application process or on any document required by the city in conjunction with the application; and
(C) The applicant, each individual having a financial interest in the business or the entertainment venue or restaurant where the entertainment will be conducted and any person who will be directly engaged in the management or operation of the business or the entertainment venue or restaurant where the entertainment will be conducted has not or is not operating the same or similar businesses, entertainment venues or restaurants with an entertainment permit which have had 12 or more citations issued to, or arrests made of, any of its employees, patrons or performers in any 12 month period for any of the following activities: disturbance of the peace, public drunkenness, drinking in public, public urination, selling or trafficking in stolen goods, theft, acts of vandalism, littering, graffiti, illegal drug activity, illegal gambling, prostitution, assault, battery, rape or other criminal sexual assault, lewd conduct, curfew violations, child abuse, sexual misconduct with a minor or the illegal serving, providing or selling of alcoholic beverages to underage persons.
(`78 Code, § 5.06.060.) (Ord. 2420 § 2, 1999.)
The Chief of Police shall impose the following conditions, prior to approval of an application, to ensure compliance with the provisions of this chapter and to protect the public health, safety and welfare:
(A) Interior illuminations. All entertainment venues or restaurants where entertainment is provided shall maintain an interior illumination for exit areas which meets the requirements of the Uniform Building Code and § 15.04.020 of this code. Currently, such requirement is not less than one foot candle at floor level. Further, a minimum of one foot candle at floor level shall apply to all interior areas of the entertainment venue or restaurant, including areas where entertainment is permitted.
(B) Disorderly conduct. No person in charge or assisting in the conduct of an entertainment venue or restaurant where entertainment is permitted shall permit any intoxicated, boisterous or disorderly person to enter; be in or remain in or around such entertainment venue or restaurant, including the parking or other areas within the reasonable control of the entertainment venue or restaurant, for any reason, including, but not limited to, assisting in the operation of the entertainment venue or restaurant, assisting or participating in the entertainment activity, or viewing the entertainment activity. No person in an intoxicated condition shall enter or remain in any entertainment venue or restaurant where entertainment is permitted, or conduct himself or herself in a boisterous or disorderly manner in an entertainment venue or restaurant where entertainment is permitted.
(C) Prohibitions on mosh pits, crowd surfing and stage diving. No person in charge or assisting in the conduct of an entertainment venue or restaurant where entertainment is permitted shall permit or allow any dance activities characterized by violent physical contact between and among patrons or performers, or activities where patrons or performers are suspended above the shoulders of a person for the purpose of maneuvering such patrons or performers from one person to another, or activities characterized by having patrons or performers diving or leaping into a crowd of persons. Such prohibited activities shall include, but shall not be limited to, activities which are commonly known as mosh or slam-dancing, crowd or body surfing or stage diving. Patrons or performers engaging in such prohibited activities shall be deemed to engage in disorderly conduct subject to the provisions of division (B) of this section.
(D) Nontransferability of license. Each permit issued is nontransferable, separate and distinct. No person shall exercise the privileges granted under this chapter except the person, firm, corporation, association or persons to whom the permit was issued, and the permit shall be used only at the specific place for which it was issued.
(E) Permit posting and availability. Each permit shall be posted in a conspicuous and publicly accessible place in or upon the premises for which it was issued and shall be shown to any city official upon demand.
(F) Financial interests and management. The permittee shall make available to the city, upon written request to do so, a list of the current names and addresses of all persons who are directly engaged in the management or operation of the entertainment venue or restaurant, all persons having a financial interest in the entertainment venue or restaurant and all employees or agents of the entertainment venue or restaurant. Once a permit is issued, the permittee shall, at the permittee's sole expense, cause each person thereafter acquiring a financial interest in the entertainment venue or restaurant and each person who becomes directly engaged in the management and operation of the entertainment venue or restaurant to be fingerprinted by the Police Department as required in § 5.06.040.
(`78 Code, § 5.06.070.) (Ord. 2870, § 2, 2006; Ord. 2420 § 2, 1999.)
(A) Denial. If the Chief of Police finds any facts prohibiting issuance or renewal of the permit as set forth in § 5.06.060, the Chief of Police shall not approve the permit application.
(B) Appeal. Any person aggrieved by a decision of the Chief of Police with reference to the issuance or denial of a permit may appeal the matter pursuant to § 5.06.100 below.
(`78 Code, § 5.06.080.) (Ord. 2883 § 4, 2007; Ord. 2420 § 2, 1999.)
(A) Whenever the Chief of Police finds that the permit is being exercised contrary to the applicable conditions of approval or contrary to the requirements of this chapter, the Chief of Police may seek to suspend or revoke the permit.
(B) After an investigation, the Chief of Police may suspend or revoke an existing permit, or modify the conditions attached to an existing permit, if he or she finds that:
(1) The operation or business has been cited and has had an applicable alcohol beverage license revoked by the California Department of Alcoholic Beverage Control for acts in violation of an alcohol license;
(2) An act has occurred with respect to the operation which, under the provisions of § 5.06.060, would be sufficient for denial of an application for a permit; or
(3) An act has occurred with respect to the operation which, under the provisions of § 5.06.070, would constitute a violation of the conditions of the permit.
(`78 Code, § 5.06.100.) (Ord. 2883 § 4, 2007; Ord. 2420 § 2, 1999.)
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