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If the Chief of Police, in consultation with other City Departments, and following investigation of the applicant, finds that the Permittee does not fulfill the requirements set forth in this chapter, the Chief of Police shall deny the application and notify the Permittee in writing of such denial. (Ord. 3270, § 5, 2019)
Any Permittee who is denied a Permit by the Chief of Police may appeal such denial to the Hearing Officer, pursuant to the provisions of this chapter.
A. The Permittee shall file a written appeal with the City Clerk within (10) ten business days of the date of mailing of the notice of denial, suspension or revocation.
B. The Hearing Officer shall schedule a hearing to be held within (10) ten business days after the filing of the appeal.
C. Notice of the date, time and place of the hearing shall be mailed to the applicant at least (10) ten days prior thereto.
D. The Hearing Officer, in his/her sole discretion, may grant or deny a continuance, may dissolve stays of pending orders of denial, suspension or revocation.
E. The Hearing Officer, shall determine, after consideration of all evidence presented, whether a Permit should be issued, reinstated, suspended or revoked. The decision of the Hearing Officer shall be final. (Ord. 3270, § 5, 2019)
The following rules of evidence shall apply:
A. Oral evidence shall be taken only under oath or affirmation. The Hearing Officer shall have authority to administer oaths, and to receive and rule on admissibility of evidence.
B. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-examine opposing witnesses who have testified under direct examination. The Hearing Officer may call and examine any witness.
C. Technical rules relating to evidence and witnesses shall not apply to hearings provided for herein. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory law which might make admission of such evidence improper over objection in civil actions. Hearsay testimony may be used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent that they now, or hereafter, are permitted in civil actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded. (Ord. 3270, § 5, 2019)
Entertainment Permits are valid for a period of one year and may be renewed upon approval of a renewal application. The renewal fee for an Entertainment Permit shall be set by resolution of the City Council. The Permittee shall submit an application for Permit renewal which shall provide any updated information as required under this chapter for the original application. Renewal of the Permit shall be based on the same criteria as the original Entertainment Permit. (Ord. 3270, § 5, 2019)
In the event of any amendments to this chapter, existing Entertainment Permits approved prior to any amendments to this chapter, shall be valid until the expiration date of the existing Entertainment Permit. At such time the establishment must comply with all aspects of this chapter in order to be issued an Entertainment Permit. (Ord. 3270, § 5, 2019)
No Entertainment Permit may be sold, transferred or assigned by a Permittee, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such Permit and such Permit shall thereafter be null and void. (Ord. 3270, § 5, 2019)
The following baseline operational requirements shall be applicable to all businesses with an Entertainment Permit. The Chief of Police, in consultation with other departments, may require additional conditions of approval on an Entertainment Permit based on the specific location and operational characteristics of the business. These requirements do not modify or limit in any way the authority of the Chief of Police to enforce Penal Code Section 415 (disturbing the peace) against any person, or of the Chief of Police or the Fire Marshal to immediately take action in the event of an imminent threat to public health or safety.
A. Compliance with laws. All individuals and/or business entities who obtain an Entertainment Permit shall comply with all applicable laws, regulations, ordinances and stated conditions.
B. Time restrictions. Entertainment may not take place between the hours of 2:00 a.m. and 8:00 a.m. The time restrictions may be further limited by an applicable conditional use permit or Entertainment Permit.
C. Type, manner and hours of operation. The type, manner, frequency, dates and times during which Entertainment is provided shall be limited to what is expressly indicated on the Entertainment Permit. Any substantial changes to the type, manner, frequency, dates or times of Entertainment shall require the Permittee to submit an application for an amendment to the Entertainment Permit, which shall be processed in the same manner as a new Entertainment Permit, prior to making any changes to the business operation.
D. No Adult Entertainment, as defined by Fullerton Municipal Code Section 7.95, shall be conducted on the permitted premises. Permittees shall not allow, permit, procure, or encourage, anyone to expose male or female genitals, cleft of the buttocks, the areola or any portion of the female breast below the areola, while at or inside the business.
E. Outdoor Entertainment. Any Entertainment (Outdoor), excluding Ambient Music is prohibited except within the boundaries of the Downtown Commercial Noise Zone as defined in Chapter 15.90.
F. Permit posted on site. Permittees shall place or post an approved Entertainment Permit including conditions of approval on the premises in a place easily accessible by city staff.
G. Promoters. Neither the business, nor anyone on its behalf, shall share any profits, or pay any percentage or commission to a promoter or otherwise receive compensation for use of the facilities.
H. Advertising. Permittee shall not distribute, post or attach, and shall be responsible for ensuring that no agents on its behalf, distribute, post or attach, advertising matter on public property, public right-of-way, or on any vehicle on public property.
I. Noise. Permittee shall ensure that noise emanating from the business shall not be unreasonably loud or disturbing and shall comply with the noise standards contained in Chapter 15.90.
J. Occupancy. Building occupancy loads shall be posted at all times. Permittee shall be responsible to keep count of the number of occupants present at any given time and provide that information to City staff upon request.
K. Security Plan. Permittee shall be responsible for adhering to the Security Plan reviewed and approved by the Chief of Police, or their designee. Modifications to the approved Security Plan shall be reviewed and approved by the Police Department prior to making any changes to security operations. It is the responsibility of the business establishment to update the security plan on file with the city when/if there are any changes in the operational characteristics of the establishment which may alter the contents of the security plan. Changes in business name and/or ownership shall require an updated security plan to be provided to the city.
L. Loitering. Permittee shall take steps to prevent patrons from loitering in the immediate area, littering or making excessive noise outside of the establishment and at closing time.
M. Doors and windows. All exterior doors and windows must be closed during the hours of Entertainment, except to allow ingress or egress of patrons, or in the case of emergencies. Exceptions to this requirement may be considered as part of a conditional use permit based on the business location, building design, and business operations. (Ord. 3270, § 5, 2019)
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