A. The city manager shall conduct a thorough investigation of the application. The city manager shall obtain recommendations and reports from the chief of police, and such other city departments as he or she deems necessary, concerning the application.
B. The city manager shall approve the issuance of the entertainment permit if he or she finds:
1. That issuance of the permit and conduct of the entertainment at the proposed location, as conditioned, is consistent with federal, state and local laws, rules, regulations and any existing special permit(s); and
2. That issuance of the permit at the proposed location, as conditioned, will not constitute an undue burden on the neighborhood because of its proximity to residences, inadequate parking or other neighborhood circumstances and will not interfere with the reasonable use and enjoyment of the neighborhood by its residents; and
3. Neither the applicant or any responsible person or principal of the applicant has, within the past five years, been convicted of a felony or other crime of moral turpitude that is substantially related to the qualifications, functions or duties of a proprietor of premises upon which the entertainment activities are conducted; and
4. Neither the applicant or any responsible person or principal of the applicant has a history of committing, permitting or failing to prevent significant violations of the city code, or any license or permit, in connection with an entertainment establishment for which he or she was a responsible person; and
5. It does not appear, based upon the information before the city manager, that the applicant has provided false or misleading material information in the application; and
6. That the application is complete; and
7. The applicant does not owe the city of Sacramento a fee authorized by Section 5.108.180 or an administrative penalty for violation of a provision of this chapter or a condition of an entertainment permit issued pursuant to this chapter.
C. Where the city manager does not approve a permit, the city manager shall inform the applicant of the reason(s) for the denial in writing.
D. In issuing the permit, the city manager may impose conditions relating to the operation of the entertainment establishment.
1. Conditions may relate to:
a. The days, hours and location of operation;
b. Restrictions designed to prevent minors from obtaining alcohol, such as separate entrances, exits, and restroom facilities on the premises;
c. The number and age of persons allowed on premises;
d. Whether licensed security guards are required, and if so, how many;
e. Specific measures the permittee must undertake to control the conduct of patrons so as to prevent or minimize disorderly conduct within the establishment;
f. Specific measures the permittee must undertake to remove trash attributable to the establishment or its patrons in and around the establishment, the surrounding neighborhood and the public right-of-way;
g. Specific measures the permittee must undertake to prevent the entertainment and its patrons from disturbing the peace and quiet of the surrounding neighborhood;
h. Specific measures the permittee must undertake to prevent its patrons from engaging in disorderly conduct in the surrounding neighborhood;
i. Whether the chief of police must receive advance notice of the date of a particular event if that event is not held as part of the regularly scheduled events of the business; or
j. Other matters related to public health, safety and welfare.
2. Conditions shall be based on specific and articulable facts reasonably related to insuring the public health, safety and welfare, including, but not limited to, the protection of minors from alcohol and other criminal activity, the conservation of limited city public safety resources and the prevention of public nuisance activity that detracts from the peace and quiet of residential neighborhoods.
3. Conditions shall be listed on, or attached to, the permit.
4. The city manager shall give the permittee an opportunity to review any proposed conditions and the city manager will consider the input of the permittee prior to imposing those conditions.
5. Conditions may not be imposed that conflict with any local, state or federal law, or that conflict with the permittee's ABC license. Nothing in this subsection is intended to prevent the city manager from imposing any condition related to the age of patrons inside an ABC establishment if the ABC license does not address that issue. The intent of this subsection is to allow the sale and service of food to minors in a bona fide public eating place (ABC license types 41, 47 and various club licensed premises) with reasonable conditions placed on the permit to prevent curfew violations and protect the minors from alcohol and other criminal activity.
6. If the applicant has been issued a special permit prior to the effective date of the ordinance codified in this chapter, conditions placed upon that special permit shall be conditions of the entertainment permit issued under authority of this chapter. However, nothing in this subsection shall be construed to limit the authority of the city manager to place additional conditions upon the permit that are not in conflict with the existing special permit conditions or to require compliance with the existing special permit conditions prior to issuance of the entertainment permit.
7. The city manager may require the applicant to demonstrate compliance with applicable existing specials permit prior to issuance of the permit or may issue the permit conditioned upon the applicant obtaining any other additional necessary special permit or other city, county or state approval.
8. No condition may be imposed pursuant to this chapter that suppresses or regulates expression in any manner contrary to law.
9. Imposition of any particular condition is appealable through the procedures set forth in Section 5.108.260. (Ord. 2014-0026 § 5; Ord. 2003-056 § 1)