Alhambra Municipal Code Ch. 5.40 Shows and Entertainment

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALCOHOLIC BEVERAGE. Includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of 1% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

CLASS 1 SHOW LICENSE. A permit from the city issued by the Director of Finance.

('86 Code, § 5.40.010) (Ord. 2625, passed - - ; Am. Ord. 3677, passed - - )

No entertainment may be conducted in establish-ments where a class 1 show license is required where an entertainer solicits or accepts drinks of alcoholic beverages from customers.

('86 Code, § 5.40.020) (Ord. 2625, passed - - ) Penalty, see § 5.40.204

No entertainment or music of any sort may be conducted where a class 1 show license is required, between the hours of 2 a.m. and 6 a.m.

('86 Code, § 5.40.030) (Ord. 2625, passed - - ) Penalty, see § 5.40.204

No establishment requiring a class 1 show license may allow the premises to be used for the purpose of conducting a private club between the hours of 2 a.m. and 6 a.m.

('86 Code, § 5.40.040) (Ord. 2625, passed - - ) Penalty, see § 5.40.204

Entertainment where a class 1 show license is required shall be conducted upon a stage or platform raised at least 18 inches above the floor, except where the only entertainment is a piano or organ, and unless otherwise authorized by the City Council.

('86 Code, § 5.40.050) (Ord. 2625, passed - - ) Penalty, see § 5.40.204

No entertainer may dance, unnecessarily converse or associate with any patron during any entertainment period, and not at all except in a formal manner and when conventionally clothed, except as provided by the following section.

('86 Code, § 5.40.060) (Ord. 2625, passed - - ) Penalty, see § 5.40.204

Notwithstanding the provisions of the preceding section, a regularly scheduled audience participation type of entertainment may be presented during the time stated and in the manner described in an adver-tisement posted at the premises and appearing in a regularly printed program; provided, that a copy of the advertisement shall be received by the Chief of Police 24 hours prior to the conducting of the audience participation entertainment.

('86 Code, § 5.40.070) (Ord. 2625, passed - - )

No entertainment may be conducted in an estab-lishment where a class 1 show license is required in which gambling in any form is permitted or tolerated, or in which there is kept any machine designed or commonly used for the purpose of gaming in any form, or readily adaptable to such use.

('86 Code, § 5.40.080) (Ord. 2625, passed - - ) Penalty, see § 5.40.204

No entertainment may be conducted in any estab-lishment where a class 1 show license is required at which solicitation of trade is made at or near the entrance thereto, either by personal solicitation or otherwise by means of any device whereby the voice of the person so soliciting can be heard at or near such entrance.

('86 Code, § 5.40.090) (Ord. 2625, passed - - ) Penalty, see § 5.40.204

No entertainment may be conducted where a class 1 show license is required in which any person, either entertainer, employee, patron or guest, partici-pating directly or indirectly, sings or speaks any obscene or indecent words, or performs any lewd or indecent acts.

('86 Code, § 5.40.100) (Ord. 2625, passed - - ) Penalty, see § 5.40.204

No minors as performers or entertainers shall be permitted in establishments holding class 1 show licenses.

('86 Code, § 5.40.110) (Ord. 2625, passed - - ) Penalty, see § 5.40.204

No entertainment shall be permitted in any establishment where a class 1 show license is required which does not provide unlocked doors with free and easy ingress and egress while patrons are in the establishment.

('86 Code, § 5.40.120) (Ord. 2625, passed - - ) Penalty, see § 5.40.204

The City Council may adopt such rules and regulations relating to the conduct of shows for which a class 1 show license is required as may be proper or necessary for the maintenance of public order, the promotion of public morals, assuring agreement with the public welfare and the orderly conduct of such places, or the better enforcement of the provisions of this chapter relating to such places.

('86 Code, § 5.40.130) (Ord. 2625, passed - - ) Penalty, see § 5.40.204

It shall be unlawful for any person to conduct or permit to be conducted, shown, staged, performed, exhibited or produced in any restaurant, hotel, cafe, cabaret, club, barroom, beer hall, beer garden or any place where any alcoholic beverage is sold or offered for sale to patrons of such place for consumption on the premises, any floor show, act, play, burlesque show, fashion show, revue, pantomime, scene, song, the playing of any musical instrument, or dance act, or song and dance act participated in by one or more persons, without first securing a class 1 show license from the Director of Finance to do so and paying the application and license fees therefor as required by the provisions of this chapter.

('86 Code, § 5.40.140) (Ord. 3109, passed - - ; Am. Ord. 3677, passed - - ) Penalty, see § 5.40.204

A class 1 show license is not required of any bona fide charitable, religious, benevolent or educa-tional or veteran's organization; provided such organization qualifies under and complies with the provisions of § 5.04.050 of this title.

('86 Code, § 5.40.150) (Ord. 2625, passed - - ; Am. Ord. 3677, passed - - )

Except as expressly waived in § 5.40.220 of this chapter, all applications for a class 1 show license shall be accompanied by a nonrefundable fee in an amount established by City Council resolution to partially defray the expense to the city of conducting the investigation required by this chapter.

('86 Code, § 5.40.160) (Ord. 3109, passed - - ; Am. Ord. 3677, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord, 4588, passed 7-11-11)

Each application for a class 1 show license shall be made to the Director of Finance upon forms prescribed by him or her and shall contain the following information:

(A) The location for which the license is required.

(B) The name, form of legal organization and proposed business address of the applicant. If the applicant is a corporation, the application shall show the name and residence address of each of the officers, directors, stockholders and persons having any financial interest in the applicant. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners.

(C) Whether or not the applicant or any officer or director, or member of applicant, as the case may be, has ever been arrested or has ever been convicted in any court for any crime.

(D) The names and addresses of the persons who have authority or control over the place for which the license is requested and a brief statement of the nature and extent of such authority or control.

(E) A statement in detail of the kind of act, play or performance which will be conducted on the premises.

(F) The hours of operation.

(G) Such information as to management, authority and control as the Chief of Police may require in order to enforce the provisions of this chapter relating to such place, including three sets of fingerprints of the applicants and any others that the Chief of Police may require.

(H) Such other information as either the Director of Finance or the Chief of Police may require.

(I) The address to which notice, when required, is to be sent or mailed.

('86 Code, § 5.40.170) (Ord. 3109, passed - - ; Am. Ord. 3677, passed - - )

Each application for a class 1 show license shall be verified by the applicant. If the applicant is a corporation, such verification shall be by a duly authorized officer thereof. If the applicant is an association or partnership, such verification shall be by each member thereof. If the applicant is a club, such verification shall be made by the person having charge of such club.

('86 Code, § 5.40.180) (Ord. 3109, passed - - )

(A) Duty to make. The Chief of Police shall make an investigation of each original application for a class 1 show license.

(B) Cooperation. If during the course of such investigation, the Chief of Police desires additional information to assist him or her in determining whether or not to issue such license, he or she is authorized to require the applicant to furnish such additional information, including, but not being limited to, additional information reasonably necessary to ascertain the identity and interest of the applicant and of persons other than the applicant who may be associated with him or her as principals or partners or who may be in partial or total control of the establishment to be operated under the license, and also additional evidence as to the character, prior conduct and general fitness of the applicant and of persons other than the applicant who may be associated with him or her as principals or partners or who may be in partial or total control of the place to be operated under the license.

('86 Code, § 5.40.190) (Ord. 3109, passed - - )

If, after his investigation, the Chief of Police finds that the conduct of a show regulated by this chapter or the proposed location of such will not comport with the public welfare or that it will tend to create a nuisance that the character or reputation of the applicant, its officers, managers or employees as to decency or maintenance of order is bad, the Director of Finance shall deny such application; otherwise, he or she shall grant such class 1 show license.

('86 Code, § 5.40.200) (Ord. 3109, passed - - ; Am. Ord. 3677, passed - - )

The annual license fee for a class 1 show license shall be in an amount established by City Council resolution.

('86 Code, § 5.40.202) (Ord. 3677, passed - - ; Am. Ord. 3962, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)

Whenever any license fee required by this chapter is not paid prior to the delinquency date specified in § 5.04.190 of this title, a penalty shall be due and is hereby imposed in the manner, as of the time and in the amount specified in § 5.04.191 of this title.

('86 Code, § 5.40.204) (Ord. 3677, passed - - )

A new class 1 show license shall not be issued to any applicant within six months from the date of revocation of any class 1 show license previously issued to him or her or to any person with whom he or she was associated or connected in the conduct of such business.

('86 Code, § 5.40.210) (Ord. 2625, passed - - )

(A) Each license and each renewal license issued pursuant to this chapter shall expire on December 31 next following the date of its issuance.

(B) Each such license may be renewed by making application for renewal and paying the license fee within the time specified for the renewal of business licenses in Chapter 5.04 of this title.

(C) Each application for a renewal of a class 1 show license shall be considered as a new application, except that no application fee as required in § 5.40.160 of this chapter shall be charged where there has been no revocation of such license or change of ownership or in personnel of a corporation or partnership applicant, and each such application may be denied upon any ground which would have justified a denial of the original license.

(D) Licenses issued pursuant to this chapter shall not be assigned or transferred, nor shall they be used by any person other than the person to whom they were issued.

('86 Code, § 5.40.220) (Ord. 2625, passed - - ; Am. Ord. 3677, passed - - )

The Chief of Police shall, upon request, furnish to every applicant for a class 1 show license a copy of all rules and regulations relating to places requiring such license.

('86 Code, § 5.40.230) (Ord. 3109, passed - - )

In addition to the grounds set forth in other sections of this chapter, a class 1 show license may be suspended or revoked if the licensee or any other person associated with him or her as principal or partner, or in a position or capacity involving partial or total control over the conduct of the place for which such license was issued, has been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition or performance of any lewd, indecent or obscene show of any kind.

('86 Code, § 5.40.240) (Ord. 2625, passed - - )

If any person to whom a class 1 show license has been issued is thereafter convicted of a violation of any law or ordinance relating to the giving, showing, staging, exhibiting, producing or participating in any lewd, immoral or indecent show, his or her permit may be forthwith and summarily revoked, without the hearing otherwise provided for in § 5.82.040 of this title.

('86 Code, § 5.40.250) (Ord. 2625, passed - - ; Am. Ord. 3677, passed - - )

It shall be the duty of the Director of Finance to enforce each and all of the provisions of this chapter, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the Director of Finance or the City Council.

('86 Code, § 5.40.260) (Ord. 3109, passed - - ; Am. Ord. 3677, passed - - )