Whenever used in this chapter, the following words, terms and phrases shall have the meanings as indicated below.
A. “Amateur”, shall mean any person who has never been an entertainer for compensation.
B. “Ambient music”, shall mean low-volume, background music, whether amplified or not amplified, not audible to a reasonably hearing person at (25) twenty-five feet from any portion of the exterior of the building (including outdoor patios/dining areas), and which is intended to provide ambience and not to entertain.
C. “Audience” shall mean one or more persons, present as listeners or viewers, but not as entertainers, during any entertainment.
D. “Audition”, shall mean any test of the quality of entertainment not in the presence of a public audience and without compensation.
E. “Entertainer”, shall mean any person whose actions or presence provides entertainment, but does not mean a vocalist or a café musician, as defined in Section 37101.5 of the Government Code of California, while occupied exclusively in singing or performing music.
F. “Entertainment”, shall mean any of the following: 1) dancing (by customers or by performers), 2) live musical performances (instrumental or vocal) when carried on by three or more persons, 3) music provided by a disc jockey, whether indoors or outdoors other than Ambient Music, or karaoke 4) any professional comedian or comic who tells jokes, acts out comical situations, or engages in repartee, or 5) any other similar entertainment activity involving amplified or reproduced music.
G. “Entertainment (minor acoustical)”, shall mean two (2) or less café musicians, as defined in California Government Code Section 37101.5, playing acoustical instruments without the use of amplification systems. Such performers may be strolling or stationary within the establishment.
H. “Entertainment (outdoor)”, shall mean any “entertainment”, as defined in this chapter, which occurs outside of a fully enclosed building.
I. “Nightclub”, shall mean any bar, cocktail lounge, karaoke bar or similar establishment with Entertainment and alcoholic beverage sales operating under a Type 42 or Type 48 Department of Alcoholic Beverage Control license (On-sale General-Public Premises) or similar license. (Ord. 3270, § 5, 2019)