(A) Live entertainment shall be defined as one or more musicians, singers, theatrical performers, karaoke or disc jockeys, with or without musical instruments and with or without sound amplification devices or speakers. Live entertainment shall not include performance dancers, as performance dancing is prohibited by § 111.028(E)(2) of this subchapter.
(B) In addition to the requirements for issuance of a liquor license which are established in this subchapter, any applicant seeking to offer live entertainment on any licensed premises shall first seek the permission of the Commissioner, whether such live entertainment is to be offered on an ongoing basis or for a single occasion. All such applications shall be made in writing, at least 30 days prior to the initial license year in which such live entertainment is to be offered, if it is to be ongoing, or at least 30 days prior to a special live entertainment event, if it is to be for a single date or series of dates. Any application for live entertainment shall describe the nature of the live entertainment and the actions to be taken by the applicant to assure that offering such live entertainment will not be detrimental to the surrounding area and to the public safety and welfare. In considering any request to offer live entertainment, the Commissioner shall consider the following criteria:
(1) The experience of the applicant, in the city or elsewhere, with offering entertainment of the type proposed;
(2) The adequacy of parking;
(3) The likelihood that the premises can be operated in conformance with the requirements of the applied-for license classification if the applicant is permitted to offer live entertainment on such premises;
(4) The nature of the neighborhood in which the licensed premises is to be located and the appropriateness of offering live entertainment on such premises given the potential impact on the surrounding area;
(5) Input from the city's staff members and city's Police Department, and from the local fire protection districts, as to the likely impact on the community if live entertainment is offered on such premises;
(6) Any other factors that may be relevant to the granting of permission for live entertainment.
(C) Any permission for any live entertainment shall be expressly granted or denied by the Commissioner in writing. In granting permission for any licensee to offer live entertainment, the Commissioner may impose such reasonable terms and conditions in conjunction therewith, as he may deem necessary, including the condition that if permission is granted to a licensee to offer live entertainment on a periodic basis, such licensee shall be required to notify the city's Police Department in writing, not less than seven days prior to the specific date on which entertainment is to be offered, of the date and time and of the specific nature of the entertainment.
(D) Permission for ongoing live entertainment shall be granted only for the term of the license and only to the licensee that applied for such permission. Any licensee that is granted permission for ongoing live entertainment shall reapply for such permission annually at the time of license renewal and, upon any change in personnel requiring a new license, as provided in § 111.015 (A), the new licensee shall reapply for permission for ongoing entertainment. Specific permission shall also be required for any special entertainment which was not described in the initial or annual application.
(E) Permission to provide live entertainment may be rescinded by the Commissioner at any time, in his discretion, if it is determined that the licensee has exercised inadequate crowd control or inadequate control over any adverse impact of its operation on surrounding properties, or has otherwise permitted violations of state law or local ordinances on the licensed premises.