Big Bear Lake Municipal Code Ch. 5.32 Entertainment When Food or Refreshments Are Served

A. No person shall provide or permit any type of entertainment in a coffee shop, restaurant or place where food or other refreshments are served and which is open to the public, unless such person shall first obtain a license so to do from the city council as hereinafter provided.

B. A restaurant or place where food or other refreshments are served includes any place or premises where alcoholic beverages only are served.

C. Entertainment includes any presentation or activity of any nature which is designed or intended to divert, amuse or attract the attention of persons observing such presentation in which live models appear before an audience of any number of persons.

D. Entertainment also includes the act of any waitress or other female employee, while visible to any customer, exposing any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than the main portion of the breast are below such straight line, or wearing any type of clothing so that such may be observed.

E. Female entertainers shall not be permitted to mingle with the customers present on the premises and such entertainers shall be restricted to performing in a specific portion of the premises separated from that portion occupied by customers. Any stage, platform or other area utilized for any performance by any entertainer in an establishment licensed under this section shall contain not less than forty square feet of area and shall be illuminated by at least one unfiltered white lamp of one hundred watts or more. No part of any such stage, platform or performing area shall be, and no entertainer shall perform, closer than six feet to any area occupied by any customer or devoted to customer use.

F. The area adjacent to such premises, including any parking area, shall be lighted by lamps of at least one hundred watts placed equidistant at a height of not less than fifteen feet. There shall be at least one lamp for each one thousand square feet of such area.

G. No person shall enter, be or remain in any establishment licensed pursuant to this chapter or required to be licensed pursuant to this chapter except when attired in such a manner that the pubic area, private parts, the buttocks and the crease of the buttocks are completely covered.

H. No female person shall enter, be or remain in any establishment licensed pursuant to this chapter or required to be licensed pursuant to this chapter except when attired so as to prevent exposure of the portions of either breast as described in subsection D of this section, and further, no female person shall perform any act described in subsection D of this section.

I. No person shall act as a waiter or waitress or otherwise handle food or drink unless such person is fully clothed in such a manner as to comply with subsections G and H of this section.

J. Clothing or covering which will constitute compliance with subsections G, H and I shall be no less than three inches in width at its narrowest point, shall be composed of a substantial opaque material and shall be clearly discernible by observation.

(Ord. 82-72 § 1(part), 1982)

A license fee shall be charged and shall be paid yearly in advance. The amount of the license fee shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing.

(Ord. 2002-329 § 1(j), 2002: Ord. 82-72 § 1(part), 1982; Ord. 82-71 §§ 1, 2, 1982)

Applicants for entertainment licenses shall file a written, signed and acknowledged application with the clerk of the city council showing:

A. The name and permanent address of the application;

B. A detailed description of the entertainment, including the type of entertainment, number of persons engaged in the entertainment, purpose of the entertainment, and any further information about the entertainment as the city council may deem necessary;

C. The date, hours and location where the entertainment is proposed, and the admission fee, if any, to be charged;

D. The name or names of the person or persons having the management or supervision of applicant's business;

E. The length of residence of applicant within the city;

F. A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment;

G. Whether or not the owner, manager, supervisor or other person or persons having the management or supervision of applicant's business have been convicted of a crime, the nature of such offense, and the sentence received therefore;

H. Such other reasonable information as to the identity or character of the owner, manager, supervisor or other person or persons having the management or supervision of applicant's business as the city council may deem necessary.

(Ord. 82-72 § 1(part), 1982)

A. After the making and filing of the application, the clerk of the city council shall refer the application to the planning department, building and safety department and to the sheriff for investigation concerning the applicant's business, and character of applicant. The planning department, building and safety department and the sheriff shall make reports of their findings, together with a recommendation as to whether or not the applicant shall be granted a license, to the city council within ten days after the application was referred to them.

B. The license shall be granted for the specific occasion requested, or if the request is for a continuous license, the license shall be issued for not longer than one year.

C. Any applicant for an entertainment license under this chapter may be issued a temporary permit for a period of six months commencing July 1, 1967. During such period the application of the applicant shall be investigated by the planning department and building and safety department. Where any violation of city ordinances or pertinent state laws is determined, such violation shall be corrected within the six-month period. In the event corrections are not made within the period, the temporary permit shall terminate.

D. Any change in personnel having management or supervision of applicant's business shall be reported to the sheriff within ten days after such change. A violation of this provision shall be grounds for suspension or revocation of such license.

(Ord. 82-72 § 1(part), 1982)

No entertainer shall perform within premises licensed hereunder unless a permit has previously been issued to such entertainer by the sheriff. The permit shall be in a form designated by the sheriff and shall include a photograph of the permittee. Application for such permit shall be made to the sheriff on a form prepared by the sheriff. The application shall be accompanied by payment of a permit fee of five dollars.

(Ord. 82-72 § 1(part), 1982)

Provisions of this chapter shall not be deemed to require a license for the following:

A. The use of a radio or music recording machine, or jukebox in any establishment;

B. Any entertainment provided for members and their guests at a private club where admission is not open to the public;

C. Entertainment conducted in connection with a regularly established recreation park, circus or fairground;

D. Entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent, charitable, dramatic or literary purposes having an established membership and which holds meetings other than with entertainment at regular intervals, when proceeds, if any, arising from such entertainment are used for the purposes of such club, society or association. A different fee than that set forth in this section may be established, from time to time, by resolution of the city council, after the city council conducts a public hearing;

E. Entertainment conducted in connection with any dance as defined or regulated by Chapter 5.24 of this code;

F. Theater, concert hall or similar establishment which is primarily devoted to theatrical performances.

(Ord. 2002-326 § 1(part), 2002; Ord. 82-72 § 1(part), 1982)

The city council shall, upon receiving an application and reports of the planning department, building and safety department and the sheriff, either approve or disapprove the issuance of such license.

(Ord. 82-72 § 1(part), 1982)

Every licensee shall display the license issued by the city in a conspicuous place in his business premises.

(Ord. 82-72 § 1(part), 1982)

Each license issued hereunder shall be issued to a specific person and shall in no event be transferable from one person to another.

(Ord. 82-72 § 1(part), 1982)

The council may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any licensee and may temporarily suspend for a period not exceeding one year, or revoke the permit of any licensee who commits any one or more of the acts or omissions constituting grounds for disciplinary action under this chapter.

(Ord. 82-72 § 1(part), 1982)

It shall be a ground for denial, revocation or other disciplinary action of any applicant, licensee, his agent or employee or any person connected or associated with the applicant or licensee as partner, director, officer, stockholder, general manager or person who is exercising managerial authority of or on behalf of the licensee has:

A. Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed with the council; or

B. Violated any provision of this chapter or of any statute relating to his permitted activity; or

C. Been convicted of a felony or any crime involving moral turpitude; or

D. A bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity; or

E. Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting a permitted business; or

F. Violated any rule or regulation adopted by the council relating to the licensee's business; or

G. Conducted the permitted business in a manner contrary to the peace, health, safety and general welfare of the public; or

H. Failed to comply with zoning and building and safety regulations of the city, the health department, and local fire chief or deputy state fire marshal.

(Ord. 82-72 § 1 (part), 1982)

If any person holding a license under this chapter is convicted in any court of the violation of any law regulating any activity at the licensee's business premises, the council may revoke the license forthwith without any further action thereon other than giving notice of revocation to the licensee.

(Ord. 82-72 § 1(part), 1982)

An applicant or licensee may, within ten days after service upon him of a written notice of denial of a license or suspension or revocation of his license, file a request for a hearing with the council. The request for hearing shall be in writing and signed by or on behalf of the applicant or licensee. It need not be verified or follow any particular form. Failure to file such a request for a hearing shall constitute a waiver of the licensee's right to a hearing.

(Ord. 82-72 § 1 (part), 1982)

A. Continuing Business. Pending the final determination of a proceeding for revocation or suspension of a license, a license may continue to engage in the business for the period of his license or until the council makes such final determination.

B. Renewal—Application. A licensee may file an application for renewal of a license pursuant to Section 5.32.030 accompanied by the required fee during the tendency of a proceeding to suspend or revoke his license. Such filing shall continue such license in full force and effect until the entry of the final order by the council terminating proceedings. Failure of the council to revoke, suspend, limit or condition the license shall have the effect of granting the license. The application for renewal shall become apart of the pending proceeding and be subject to all evidence which has been or is thereafter presented. No further notice to the applicant is required and the council or hearing examiner is authorized to consider and make findings upon such application in accordance with this chapter.

(Ord. 82-72 § 1(part), 1982)

It is unlawful for any person or persons to sign a fictitious name or fictitious address in connection therewith.

(Ord. 82-72 § 1(part), 1982)

Any person violating any provision of this chapter shall be guilty of a misdemeanor and subject to a fine of not more than five hundred dollars or imprisonment in the city jail for not more than six months, or both such fine and imprisonment.

(Ord. 82-72 § 1(part), 1982)