Azusa Municipal Code Div. 5 Cafe Entertainment

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Cafe entertainment means any entertainment presented at any public place where food or beverages are sold, offered for sale or given away or any such place where entertainment is provided or in any manner furnished, allowed or permitted to be carried on. However, the term "entertainment" does not include scheduled radio or television programs or prerecorded music.

(Code 1971, § 8.24.020)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sections 18-161 through 18-165 are adopted pursuant to Penal Code §§ 318.5 and 318.6. All words used in sections 18-161 through 18-165 which also are used in such Penal Code provisions are used in the same sense and mean the same as the same respective words used in Penal Code §§ 318.5 and 318.6.

(Code 1971, § 8.24.010)

Under this division, every person is guilty of a misdemeanor who:

(1) Exposes such person's private parts or buttocks or employs any device or covering which is intended to simulate the private parts, buttocks or pubic hair while participating in any live act, demonstration or exhibition in any public place, place open to the public or place open to public view while serving food or drink to any customer without first securing an adult entertainer license pursuant to this title.

(2) Permits, procures or assists any person to be so exposed or to employ any such device without that person having secured an adult entertainer license pursuant to this title.

(Code 1971, § 8.24.030; Ord. No. 04-04, § 3, 3-1-04)

Editor's note— Ord. No. 04-04, § 3, adopted March 1, 2004, repealed § 18-164, which pertained to exposure of female breast. See also the Code Comparative Table.

This division does not apply to the following:

(1) A theater, concert hall or similar establishment which is primarily devoted to theatrical performances.

(2) Any act authorized or prohibited by any state statute.

(Code 1971, § 8.24.050)

No person shall operate, be in control of or have the management of any place or activity for which a permit is required under this division which is operated or conducted or permitted to be operated or conducted contrary to any regulations adopted by the chief of police and approved by the city council, as may be reasonably necessary to protect the public peace, health, safety, morals and general welfare of the citizens of the city.

(Code 1971, § 8.24.070)

No person shall conduct or operate any place having cafe entertainment unless such person in charge of operating or having control of such place where cafe entertainment is permitted or allowed has received a permit from the chief of police authorizing the conduct or operation of such place of cafe entertainment. This permit shall not be required of any person for the purpose of showing motion pictures in a theater.

(Code 1971, § 8.24.060)

Before any permit is issued pursuant to this division, an application for such permit shall be filed with the chief of police, signed and verified by the applicant and accompanied by the fee required and shall set forth the following:

(1) The name and address of the applicant.

(2) The name and address of the person by whom employed, if any.

(3) The nature of the business for which a permit is requested.

(4) The place where such business is to be conducted.

(5) A brief description of the nature and proposed activities of such business.

(6) A personal description of the applicant.

(7) Evidence of the identity of the applicant of such character as the chief of police may require.

(8) Fingerprints and thumbprints of the applicant.

(Code 1971, § 8.24.080)

The chief of police within a reasonable time after the filing of an application for a permit required in this division shall conduct such investigation as may be necessary concerning the application and the business proposed to be conducted to determine whether the applicant is of good moral character and proposes to engage in an enterprise in a manner which shall not be detrimental to the public peace, health, safety, morals or welfare of the city or its inhabitants, whether because of the character of the applicant, the nature of the business or the manner in which the business is proposed to be conducted. If after such investigation the chief of police determines that the applicant is of good moral character and proposes to engage in any enterprise which will not be detrimental to the public peace, health, safety, morals or welfare of the city or its inhabitants, either because of the character of the applicant, the nature of the business or the manner in which the business is proposed to be conducted, the chief of police shall issue such permit upon such terms and conditions and restrictions regulating the operation and conduct of such business approved by the city council not in conflict with any paramount law as such terms and conditions may be necessary or expedient to protect the public peace, health, safety, morals or welfare of the city or its inhabitants.

(Code 1971, § 8.24.090)

If the chief of police denies a cafe entertainment permit or the applicant determines that the terms and conditions attached to the permit are objectionable to the applicant, the applicant may appeal to the city council by filing with the city council a written notice of appeal within ten days from the date of such denial or imposition of terms and conditions to the permit. If such an appeal is filed, the city council, within a reasonable time, shall review the matter and, after conducting such hearing thereon as the council may require, may grant or refuse such permit if it determines that the proposed enterprise would be detrimental to the peace, health, safety, morals or welfare of the city or its inhabitants, either because of the moral character of the applicant, the nature of the business or the manner in which the proposed business is to be operated. The council may further confirm, modify or delete such terms or conditions imposed by the chief of police as it deems appropriate. The action of the city council shall be final and conclusive.

(Code 1971, § 8.24.100)

Permits issued under this division shall be classed as either temporary or regular. A temporary permit shall allow cafe entertainment to be conducted for a period of time not to exceed 12 consecutive hours. A regular permit shall allow cafe entertainment to be conducted regularly or from time to time.

(Code 1971, § 8.24.110)

The fee for issuing a temporary permit under this division shall be $125.00 for each issuance. The fee for issuing a regular permit under this division shall be $175.00 for the initial issuance and $150.00 for each renewal thereof. The entire amount of the applicable fee due shall be submitted along with the application therefor. No fee shall be required of any applicant who holds a valid permit for a public dance issued pursuant to article VI of this chapter so long as the permit to be issued under this division is for the same premises and for a time period less than or equal to that covered by such public dance permit. The city council may waive or refund fees for any permit issued under this division to any bona fide nonprofit, religious or charitable organization.

(Code 1971, § 8.24.120)

Any regular permit issued pursuant to this division shall be of the same duration as the business license issued to such person or business pursuant to section 18-1. Any regular permit may be renewed upon the filing of an application for renewal with the chief of police. Such application for renewal shall be in the same form as an application for an initial issuance of such permit and shall be issued or denied in a like manner.

(Code 1971, § 8.24.130)

(a) When any permit is issued pursuant to this division, such permit may be revoked at any time thereafter by the chief of police if he is satisfied that the conduct of such business does or will endanger in any manner the public welfare or the peace, health or safety of the city or its inhabitants or that the business has been conducted in an illegal or disorderly manner or in violation of any of the terms and conditions attached to such permit or when the proprietor or person in charge of such business violates or permits any infraction of any state or city law.

(b) Such revocation shall be effected by delivering a notice of revocation with the reasons therefor to the applicant in person or by mailing the notice to the address of the applicant as set forth in his application. Such revocation shall be effective within five days following the date of delivery or the date of mailing, unless within such period of time the applicant files with the chief of police and the city clerk a demand for a hearing.

(c) If such a demand for hearing is filed, the city council shall set for hearing the revocation of such permit and at the conclusion of such hearing may uphold such revocation or may reinstate the permit as it was originally issued or subject to such additional terms and conditions as the council may wish to impose.

(d) If such revocation is upheld by the city council, the revocation of such permit shall be effective on the date of the action by the city council.

(Code 1971, § 8.24.140)