Artesia Municipal Code Art. 6 Entertainment Permits

No proprietor of any restaurant, hotel, cafe, coffee house, cabaret, club, barroom, beer hall, beer garden, public dance hall or any employee thereof, or any other person shall conduct or permit, or assist in conducting or permitting any live entertainment, unless a permit or temporary permit has been granted therefor in accordance with the provisions of this article.

(Ord. 10-759, § 8)

The following terms and phrases, as used in this article, shall have the following meaning:

"Live entertainment"

shall mean any act, play, review, pantomime, scene, song, dance act, song and dance act, exhibition, dancing for compensation, or poetry recitation. Live entertainment shall not include:

(1)

Entertainment in an adult-oriented business (see Article 3 of this chapter);

(2)

Instrumental or mechanical music only;

(3)

Public dances for which a permit has been issued;

(4)

Teen-age dances for which a permit has been issued; and

(5)

Theaters.

"Long-term entertainment permit"

shall mean a permit for entertainment issued by the City for the periodic conduct of entertainment at a specific location for more than 90 days but not to exceed five years.

"Temporary entertainment permit"

shall mean a permit for entertainment issued by the City for the periodic conduct of entertainment at a specific location that does not exceed 90 days and does not involve more than seven days of entertainment activities during that 90 day period.

(Ord. 10-759, § 8)

(a) Application. A written application for an entertainment permit shall be filed with the City Manager or designee containing all of the following information:

(1) Name of applicant (including the names and addresses of all principals, partners or officers);

(2) Proposed location of activity or event;

(3) Nature of activity or event;

(4) Duration of activity or event, including commencement and termination dates;

(5) Description of any equipment to be used;

(6) A plot plan showing locations of equipment, displays and activity or event areas; and

(7) Such other information as the City Manager or designee deems appropriate.

(b) Application Fee. An application fee in the amount set by resolution of the City Council shall be submitted with the application. If no application fee is set by resolution, the application fee shall be $190 for a temporary use permit and $750 for a long-term entertainment permit. The City Manager or designee shall exempt an applicant from payment of such fee if the applicant meets one of the following requirements:

(1) The applicant, other than a bank or insurance company, is exempt from the payment for business license taxes under other provisions of this Code; or

(2) The applicant is an organization which has had its principal office, place of worship, or headquarters located within the City for a period of not less than one year and is organized and operated for charitable, religious or civic purposes.

(c) Time for Filing Application. An application for a temporary entertainment permit shall be filed at least 15 days prior to the requested commencement date of the event or activity. An application for a longterm entertainment permit shall be filed at least four months prior to the requested commencement date of the event or activity.

(d) Processing of Long-Term Entertainment Applications. The procedures specified in Section 3-2.103 relating to investigation of the application and the applicant by various departments of the City shall apply to the processing of applications for long-term entertainment permits.

(e) Processing of Temporary Entertainment Applications. The procedures specified in Section 3-2.103 relating to investigation of the application and the applicant by various departments of the City shall not apply to the processing of applications for long-term entertainment permits. However, the City Manager or designee is permitted to conduct an investigation of the application and the applicant, including any of the items specified in Section 3-2.103, to the extent permitted to complete the investigation within 15 days after submission of the application.

(Ord. 10-759, § 8)

(a) Approving Body. The City Manager or designee is hereby designated to approve, approve with conditions, or deny applications for a temporary entertainment permit. The City Council is hereby designated to approve, approve with conditions, or deny applications for a long-term entertainment permit.

(b) Notice of Hearing. Upon receipt of an application for a temporary entertainment permit, the City Manager or designee shall set the matter for public hearing before him or herself. Notice of the time and place of the hearing shall be sent to the applicant and to owners of property immediately adjacent to the property on which the temporary use is to be located at least five calendar days prior to the hearing. Upon receipt of an application for a long-term entertainment permit, the City Manager or designee shall set the matter for public hearing before the City Council. Notice of the time and place of the hearing shall be sent to the applicant and to owners of property immediately adjacent to the property on which the temporary use is to be located at least 10 calendar days prior to the hearing.

(c) Criteria. The City Manager or designee or the City Council, whichever entity is authorized to act on the application, shall not approve the application for the temporary entertainment permit or long-term entertainment permit unless the approving body finds that the proposed entertainment satisfies each of the following criteria:

(1) The use will be compatible with adjacent uses and will not adversely affect the surrounding area by means of noise or other problems;

(2) Any increase in traffic and parking resulting from the use will not adversely affect the surrounding area or City at large;

(3) The proposed use conforms with all applicable policies and ordinances of the City of Artesia, including the occupancy limits for the building in which the use will be conducted;

(4) The proximity of the surrounding residential areas, schools, churches, parks, and public buildings;

(5) The increased policing, if any, necessitated by the activity for which the permit is requested; and

(6) Any other factor created by the type of entertainment proposed to be supplied by such permit which factor would interfere with or endanger the public health, safety, morals, or welfare.

(d) Conditions. In granting any such permit, the approving body, in the application of the standards set forth above, and in order to protect the public peace, health, safety, morals, and welfare, may impose any reasonable and non-content based conditions or regulations pertaining to the conduct of such entertainment. In addition, the approving body may impose additional limitations to those set forth in this section in order to protect the public health, safety, morals, and welfare and, in that regard, but not limited thereby, may further limit the hours of operation and the age of persons who may attend such place of entertainment and may require any necessary adult or police supervision, including the presence of a uniformed officer or officers.

(e) Notice of Decision. The City Manager or designee, in the case of an application for a temporary entertainment permit, and the City Clerk, in the case of an application for a long-term entertainment permit, shall give written notice to the applicant of the approval or denial of the entertainment permit. In the case of a temporary entertainment permit, the applicant or any interested party may appeal the decision by filing an appeal in accordance with the procedures specified in Section 3-2.607. In the case of a long-term entertainment permit, no later than five City business days after the City Council's decision, notice of the decision and a copy of the resolution shall be mailed by first-class mail, postage prepaid, to the appellant. Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure Section 1094.6."

(f) Judicial Review. The appellant may seek judicial review of the City Council's decision in accordance with California Code of Civil Procedure Section 1094.5 et seq., or as otherwise permitted by law.

(Ord. 10-759, § 8)

(a) Hours. No entertainment shall be conducted between the hours of 2:00 a.m. and 6:00 a.m. unless authorized by the permit to do so.

(b) Minors. A person under the age of 18 years shall not enter, be, or remain on or in any premises where such entertainment is being conducted, except when such person is accompanied by a spouse of legal age or his or her parent or guardian, or except where authorized by the permit. A permittee shall not permit or allow any such minor to enter or be in or on any premises contrary to the provisions of this section.

(c) Fire Exits. No entertainment shall be permitted in any establishment requiring a permit which establishment does not provide unlocked exit doors and other emergency exit requirements imposed by the Fire Marshall or the City's Planning Department.

(Ord. 10-759, § 8)

If the City Manager or designee determines that there is sufficient evidence to find that an entertainment permit may be conducted in violation of this article, or the terms and conditions of such permit, the City Manager or designee shall provide notice and an opportunity for a hearing to the permit holder that the permit may be suspended or revoked. The body to consider a suspension shall be the approving body for the applicable permit. Following a hearing before the approving body, if the approving body determines, after reviewing and considering the information presented during the hearing, that sufficient evidence exists that a violation of this article or of the terms of the permit has occurred, the approving body may suspend or revoke the permit or impose additional conditions to ensure compliance. In the case of a temporary entertainment permit, the permittee may appeal the decision by filing an appeal in accordance with the procedures specified in Section 3-2.607.

(Ord. 10-759, § 8)

(a) Filing. Within five days after the receipt of written notice from the City Manager or designee that a temporary entertainment permit has been granted, denied, revoked or suspended, the applicant or any person dissatisfied with the action of the City Manager or designee may appeal the decision to the City Council by filing an appeal within such time period with the City Clerk.

(b) Fees. Any person filing an appeal with the City Clerk shall deposit an amount equal to 1/2 the cost of the temporary entertainment permit application fee to cover the costs of the appeal.

(c) City Council Action. Upon receiving a notice of appeal, the City Council may:

(1) Affirm the action of the City Manager or designee.

(2) Refer the matter back to the City Manager, with or without instructions for further proceedings; or

(3) Set the matter for a hearing before itself. At such hearing, the City Council shall hear and decide the case de novo.

(d) Criteria. If the City Council sets the matter for hearing before itself, the City Council shall render a decision based on the criteria for issuance of the entertainment permit specified in Section 3-2.604. The decision of the City Council shall be final.

(e) Notice of Decision. No later than three City business days after the City Council's decision on appeal, notice of the decision and a copy of the resolution shall be mailed by first-class mail, postage prepaid, to the appellant. Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure Section 1094.6."

(f) Judicial Review. The appellant may seek judicial review of the City Council's decision in accordance with California Code of Civil Procedure Section 1094.5 et seq., or as otherwise permitted by law.

(Ord. 10-759, § 8)

(a) The City Council has intended by this section to provide regulations pertaining to the place and personnel involved in providing entertainment in certain public places consisting of restaurants, hotels, cafés, coffee houses, cabarets, clubs, barrooms, beer halls, beer gardens and public dance halls. It is not the intention of the City Council to prohibit any such entertainment where, under reasonable conditions, the public peace, health, safety, morals, and welfare can be protected or where, under the application of the standards set forth in Section 3-2.106 of this chapter and in Section 3-2.604(c) of this article, the public peace, health, safety, morals, and welfare will be protected.

(b) The conduct of an entertainment business without an entertainment business license or permit, or the conduct of any entertainment business in violation of the terms and provisions of such license or permit, or performing or engaging in the act of entertaining without a permit therefor or in violation of any of the provisions or terms of such permit, or the conduct of any of such acts after the suspension or revocation of a license or permit is hereby prohibited and shall be a violation of the provisions of this chapter and shall be punishable as set forth in Chapter 2 of Title 1 of this Code. The City Council hereby declares that the conduct of an entertainment business, or the engaging in or performing of entertainment without a license or a permit therefor, or in violation of the terms and provisions of any such license or permit, or after the suspension or revocation of any such license or permit shall be a public nuisance and, in addition to the enforcement provisions of this Code, shall be abated as a public nuisance as provided by law.

(Ord. 10-759, § 8)