Article II — Regulation of Entertainment

No person, firm, partnership, corporation or business entity shall operate, conduct or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and where any form of entertainment, as defined herein, is provided or furnished without first obtaining an annual permit to so do as hereinafter provided for in this article. Entertainment permits hereunder shall be in addition to any other permit, license or entitlement required by this code or state law.

Entertainment means every form of live entertainment, music, solo band or orchestra, act, play, burlesque show, fashion show, review, pantomime, scene, song or dance, act or song, and dance act, or any other act or performance participated in by one or more persons for the purpose of holding the attention of, gaining the attention and interest of, diverting or amusing guests or patrons or the use of a radio or other electronic playback device providing music for dancing by patrons or guests when operated by or under the control of an announcer or “disc jockey” who at anytime provides any form of vocal entertainment, including the announcing of song titles or artists names.

The provisions of this article shall not be deemed to require a permit for the following:

• A. For any entertainment provided for members or guests at a private club or party, including wedding receptions, where admission is not open to the public;

• B. For entertainment conducted in connection with a regularly established motion picture theater, recreation park, circus, or fairground;

• C. For 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 at regular intervals of not less than once per three (3) month period, when proceeds arising from such entertainment, if any, are used to further the purposes of such club, society or association.

Applicants for entertainment permits shall pay a processing fee as required by § 5.228.310, and shall file a written, signed and verified application with the City Manager, or his or her designee (hereinafter “City Manager”), showing:

• A. The name and permanent address of the applicant;

• B. The name, proposed and current, if any, and business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning ten percent (10%) of the stock of the corporation or more. If the applicant is a partnership, the applicant shall show the names and residence addresses of each of the members, including limited partners;

• C. A detailed description of the proposed entertainment, including type of entertainment, number of persons engaged in the entertainment, and any further information about the entertainment or entertainers, as the City Manager may deem necessary;

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

• E. The name or names of the person or persons responsible for the management or supervision of applicant's business and of any entertainment and residence address thereof;

• F. A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment, including whether or not alcohol will be served as part of such business;

• G. Whether or not the applicant or any person or persons responsible for the management or supervision of applicant's business have been, within the previous five (5) years, convicted of a felony, the nature of such offense, and the sentence received therefor including conditions of parole or probation, if any;

• H. Whether or not the applicant has ever had any permit or license issued in connection with the sale of alcohol or provision of entertainment revoked, including the date thereof and the name of the revoking agency;

• I. The specific names and locations, if any, where the applicant has provided entertainment within the previous five (5) years;

• J. Such other reasonable information as the City Manager, or designee, may deem necessary.

After a complete application for an entertainment permit has been filed, the City Manager shall cause an investigation to be made of such application, and after such investigation has been completed, shall cause the application to be set for hearing before him or her and shall notify the applicant of the date of such hearing. The investigation, public hearing and approval or denial of the application shall be completed within forty-five (45) days of the filing of a complete application. The time limit set forth herein may be extended upon written authorization of the applicant.

After the City Manager has set the application for hearing, notice of the hearing shall be given to all property owners within three hundred (300) feet of the proposed or actual location of applicant's business. For the purposes of this section, notice to property owners shall be sufficient if given to those property owners who appear as such on the most recent equalized assessment roll prepared by the County of Orange. All notices provided for in this section shall be in such form as prescribed by the City Manager.

At the time and place set for public hearing as to any application, and as may be continued, the City Manager shall hear and determine all the facts and evidence relevant to the applicant and supervisory employees, as well as the entertainment proposed, including the nature and location of the proposed entertainment.

At the conclusion of the hearing, the City Manager shall grant, conditionally grant, or deny the application, which decision shall be final unless appealed in accordance with the provisions of § 5.228.340, within ten (10) business days of the decision. Such decision shall be set forth in a statement of decision making necessary findings which shall be issued within the time specified in § 5.228.250. The City Manager or, on appeal the City Council, may deny said application if it is found and determined that any of the following exist:

• A. The conduct of the establishment or the granting of the application would be contrary to the public health, safety or welfare; or

• B. The premises or establishment is likely to be operated in an illegal, improper or disorderly manner; or

• C. The applicant or any other person associated with the applicant as principal or partner, or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has been convicted in a court of competent jurisdiction of any offense involving the presentation, exhibition or performance of any obscene show of any kind, or of a felony, or has had any approval, permit or license issued in connection with the sale of alcohol or the provision of entertainment revoked within the preceding five (5) years; or

• D. That granting the application would create a public nuisance; or

• E. That the normal operation of the premises would interfere with the peace and quiet of any surrounding residential neighborhood; or

• F. The applicant has made any false, misleading, or fraudulent statement of material fact in the required application.

After the public hearing as to any application, the City Manager, or the City Council on appeal, in granting any permit may also impose such reasonable conditions as to the use or extent of such permit as may be required to protect the public health, safety and welfare and to implement the intent and purpose of this article.

After notice and hearing, the City Manager may suspend or revoke any permit granted pursuant to this article if he or she finds and determines that any permittee, agent or employee thereof, or any person connected or associated with the permittee as partner, director, officer, general manager, or other person exercising managerial authority of, or on behalf of, the permittee or any entertainer acting under the authority of such permit has:

• A. Made any false, misleading or fraudulent statement of a material fact in the application for permit, or in any report or record required to be filed pursuant to this article; or

• B. Violated any provision of this article or any statute, ordinance, or condition relating to the permitted activity; or

• C. Been convicted of a felony; or

• D. Violated any rules, regulations or conditions imposed upon the permittee's business or permit; or

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

F. Demonstrated a lack of fitness to be trusted with the privileges granted by such a permit. The decision of the City Manager shall be set forth in a statement of decision which shall become final ten (10) business days thereafter unless appealed in accordance with the provisions of § 5.228.340.

The fee for an entertainment permit shall be in such amount as established by resolution of the City Council, payable annually on or before the anniversary of the original date of permit approval. Such permit fee shall be in addition to any business license fee as may be required by the business license law of the city. No permit issued hereunder shall be valid for more than one (1) year nor may the same be assigned or transferred.

All persons engaged in providing entertainment in the city prior to the effective date of this article shall have one year to obtain an entertainment permit as required hereby; provided, however, that such entertainment being conducted prior to the effective date of this article was properly and validly licensed or permitted pursuant to any then existing provision of the Brea City Code; and further provided that the enactment of this article shall not excuse any violation of any entertainment regulation heretofore part of the Brea City Code.

All persons conducting entertainment where dancing by patrons or customers is permitted, shall have in attendance at the premises for the purpose of supervising the dancing and the conduct of all patrons and customers, a duly licensed and uniformed security guard at all times such dancing is permitted or allowed. However, the provisions of this section shall apply only to those establishments or premises where a dance floor or area in excess of one hundred (100) square feet is available or designated for dancing by customers or patrons.

• A. Any person aggrieved by any decision of the City Manager pertaining to the issuance, denial, suspension or revocation of an entertainment permit may appeal such decision to the City Council within ten (10) business days following the date of such decision. Any such appeal shall be in writing, filed with the City Clerk, and shall contain the name and address of the appellant, the date of the decision in question, and facts supporting the appeal.

• B. The written appeal shall be accompanied by a non-refundable fee in an amount as set by resolution of the City Council. Upon receipt of the written appeal, the City Clerk shall set the matter for hearing at a regular meeting of the City Council, no later than thirty (30) days following the date the appeal was filed. Notice of the time and place of the hearing shall be mailed to the appellant, by certified mail, no later than ten (10) business days prior to the hearing date. Written notice shall also be given to surrounding property owners, as provided in § 5.228.260.

• C. At the hearing on the appeal, the appellant and the city may submit any and all evidence believed to be relevant. The City Council may require the presentation of additional evidence from the appellant and/or the city, and may continue the hearing from time to time in order to consider such additional evidence. Upon conclusion of the hearing, the City Council shall, by adoption of a resolution with findings, affirm, reverse or modify the decision of the City Manager, which decision shall be final.