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3.08.150   Operational restriction procedures.
   In the event that the Permittee fails to comply with the baseline operational requirements and/or conditions of approval of the Entertainment Permit, the Chief of Police, in consultation with other city departments, may elect to take the following steps to minimize impacts to health, safety and welfare, and gain compliance with all applicable laws, regulations, ordinances and stated conditions. Decisions by the Chief of Police to exercise the below operational restrictions shall not be appealable:
   A.   Step 1 - Remedy Meeting. Should the Chief of Police, in consultation with other City departments, determine that Permittee has violated the terms of the Entertainment Permit, including Permittee’s obligation to comply with all federal, state and local laws and regulations, they may require the Permittee to attend a meeting with the Chief of Police and any other applicable departments to discuss the violations and specify actions that will be undertaken by the Permittee to address the violations. Failure by the Permittee to attend this meeting shall not restrict the City from imposing additional operational restrictions on the business.
   B.   Step 2 - Restrictions. In the event that Step 1 - Remedy Meeting does not result in compliance with the terms of the Entertainment Permit within 30 days, or within a timeframe otherwise specified by the city, Permittee will be notified in writing that the business must comply with any or all of the following Step 2 - Restrictions for a period of 30 days, or for a period otherwise specified by the city.
   1.   No Entertainment of any kind shall be permitted after midnight, or 1:00 a.m., at the discretion of the City;
   2.   No outdoor queuing shall be permitted after 11:00 p.m. or midnight, at the discretion of the City;
   3.   Provision of additional security personnel at hours determined necessary by the Chief of Police and/or implementation of additional security measures, including but not limited to, security check procedures for incoming patrons;
   4.   Any additional measures determined necessary by the city may be imposed to protect public health and safety.
   C.   Step 3 - Restrictions. In the event that Step 2 - Restrictions do not result in compliance with the terms of the Entertainment Permit within 30 days, or within the timeframe otherwise specified by the City, Permittee will be notified in writing that the business must comply with any or all of the following Step 3 - Restrictions for a period of 30 days, or for a period otherwise specified by the City.
   1.   No Entertainment of any kind shall be permitted after 10:00 p.m.;
   2.   No outdoor queuing shall be permitted after 10:00 p.m.;
   3.   Provision of additional security personnel at hours determined necessary by the Chief of Police and/or implementation of additional security measures, including but not limited to, security check procedures for incoming patrons;
   4.   Any additional measures determined necessary by the City may be imposed to protect public health and safety. (Ord. 3270, § 5, 2019)