Burbank Municipal Code Div. 3 Entertainment Establishments

No person shall open, conduct or operate a public dance, or participate in or allow public dancing, in any place where alcoholic beverages are sold, served, given or furnished, unless all the following conditions and requirements are complied with and exist:

A. Dance Floor: There is a separate dance floor having a minimum unobstructed area of two hundred (200) square feet;

B. Building Zoning: The building in which such dance or dances will be held is on property zoned for commercial or industrial use under the provisions of this code; and

C. License and Permit: A valid license and permit have been issued as hereinafter provided authorizing such dancing and no such permit has been previously refused for the same location within the past twelve (12) months. [Formerly numbered Section 5-38; renumbered by Ord. No. 3058, eff. 2/21/87; 2395.]

No person shall conduct or allow the conduct of any act of entertainment in any place of entertainment, as the owner or operator of such place, without first obtaining a valid license and permit therefor, as hereinafter provided. [Formerly numbered Section 5-39; renumbered by Ord. No. 3058, eff. 2/21/87; 2250.]

A. Municipal Golf Course: The Starlight Room and adjacent foyer and atrium at the DeBell Municipal Golf Course shall be exempt from subsection 3-3-506B of this article and the permit requirements of subsection 3-3-506C and section 3-3-507 of this article; in addition, the restaurant and premises, located at 1250 Harvard Road, shall be exempt from the provisions of subsection 3-3-506B of this article.

B. Nonprofit Organizations: Nonprofit organizations exempt by virtue of Section 3-6-412 of this Code from the payment of license fees may in their claim for exemption request to be exempt from obtaining the entertainment permit required by Section 3-3-507 of this article. The Community Development Director may, in their discretion, exempt any such organization from obtaining such permit. [Formerly numbered Section 5-40; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/28/12; 2562, 2395.]

Applications for the permits required by subsection 3-3-506C and section 3-3-507 of this article shall be filed with the Community Development Director on forms to be provided by the City and shall be accompanied by an application fee in the amount set forth in the Burbank Fee Resolution for each permit requested. A single application may be made for both permits. The application shall be under oath and in duplicate and shall contain in addition to the information required by Section 3-6-202 of this code:

A. Identity of Applicant: A complete identification of the applicant and all persons to be directly or indirectly interested in the permit, if granted;

B. Identity of Owners: Names, citizenship, residence and business addresses of any co-partners, including limited partners; or, if a corporation, the names, citizenship, residence and business addresses of the president, secretary, treasurer, and any persons holding twenty-five (25) percent or more of its shares of stock outstanding or ownership of the beneficial interest therein;

C. Identity of Holders of Beneficial Interest: Names, citizenship, residence and business addresses of any persons having a beneficial interest in or lien upon the applicant’s shares of stock, or the assets or receipts of the proposed business;

D. Identity of Manager: The name, residence and business address of the manager or person to be in charge;

E. Identity and Consent of Landlord: The name, residence, business address and written consent of the owner of the premises, who shall indicate their consent by signing the application in the space provided.

F. Location and Size of Rooms: The address and the particular room or rooms for which the permit is required, the square foot area thereof to be used for dancing and/or entertainment;

G. Type of Business and Name: The exact nature of the proposed business for which the permit is requested and the name under which it is to be operated;

H. Related Business; Revocation of Permit: Whether or not the applicant, or anyone having a beneficial interest in the business, directly or indirectly, has had a permit for the same or any similar business suspended or revoked anywhere, and, if so, the circumstances of such suspension or revocation; the suspension or cancellation of a liquor license shall be considered as included within the purpose of this paragraph;

I. Criminal Record: 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; a misdemeanor traffic offense shall not be considered a crime for purposes of this paragraph;

J. Type of Entertainment: A statement in detail of the kind of act, play, show, or other act or acts which are to be conducted on the premises;

K. Hours of Business: The hours of operation; and

L. Additional Information: Such other information as the Community Development Director may require. [Formerly numbered Section 5-41; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2395.]

A. Officials: The Superintendent of the Community Development Department shall refer all applications for said permit or permits to the Chief of Police, Fire Chief, Building Official, and Health Officer to ascertain what effect, if any, the issuance of such permit will have on the public peace, health, safety and general welfare of the City and its inhabitants.

B. Character and Reputation: The Chief of Police shall investigate and ascertain whether or not the applicant and all persons directly or indirectly interested in the permit or proposed business as owner, partners, officers, stockholders, disclosed or undisclosed beneficiaries of the assets or receipts thereof, the manager or other person to be in charge of the premises, is a person of good character and reputation and suitable for the issuance of such permit or permits, and if the premises are suitable and proper for such use. They shall also ascertain whether or not the applicant or any of said persons, having an interest in the business directly or indirectly at the time, have had a license or permit for a similar business or a liquor license suspended, cancelled or revoked. If the Chief of Police finds that the issuance of the permit will not comport with the public peace and welfare; or that it will tend to create a public nuisance; or that the character or reputation of the applicant, its officers, manager or person having a substantial beneficial interest in said business, as to decency or maintenance of order is bad, or that they had a license or permit for a similar business or liquor license suspended, cancelled or revoked; they shall recommend that the application be denied.

C. Suitability of Premises:

1. The Fire Chief, Building Official, and Health Officer within the scope, jurisdiction and duties of their particular departments, shall ascertain whether or not the premises to be used are suitable, proper and adequate, and comply with the law for the issuance of the permit or permits.

2. The Building Official and the Fire Chief shall jointly investigate and report as to compliance with building and fire regulations, and dance floor area regulations.

3. The said investigating officers may include in their respective reports any information they may have regarding the character and reputation of the applicant, manager or other person to be in charge of the premises, or the person owning the business.

4. If any of the said investigating officers should find after investigation on their part as herein provided, that the premises do not comply with law or such use of the premises would result in a violation of law, they shall recommend that the application be denied.

D. Reports and Recommendations: The said investigating officers shall file with the Community Development Director their reports in writing, stating the extent of their investigation, sources of information, particulars of objections and their recommendations. [Formerly numbered Section 5-42; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2395.]

A. Time Within Which to Act: Within fifteen (15) days after receiving an application for such permit, the Community Development Director shall, in their discretion, grant or refuse to grant the permit.

B. Grounds for Refusal: In addition to grounds for refusal set forth in Section 3-6-603 of this Code, no permit shall be granted:

1. In violation of any provision of this code; or

2. If it is found that the applicant or other person who will be directly engaged in the management and operation of the place of entertainment, other than one who participates in an act of entertainment, has been convicted in a court of competent jurisdiction, by final judgment, of:

a. An offense involving the presentation exhibition or performance of an obscene production, motion picture, play or act; or

b. An offense involving lewd conduct; or

c. An offense involving the use of force and violence upon the person of another; or

d. An offense involving misconduct with children; or

3. If it is found that the applicant has knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the City in conjunction therewith.

C. Conditional Issuance: Permits may be granted conditionally in order to ensure compliance with the provisions of this division. [Formerly numbered Section 5-44; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2395, 2250.]

The Community Development Department shall issue the permit if granted. The permit shall be limited to the uses requested in the application and to such other restrictions, terms and conditions as the Community Development Director may prescribe. [Formerly numbered Section 5-45; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2395, 2194.]

A. Dancing: Every person engaged in operating a public dance where alcoholic beverages are sold, served, given or furnished as described in Section 3-3-506 of this article shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution.

B. Entertainment: Every person engaging in providing entertainment as described in Section 3-3-507 of this article shall pay an annual license fee or a daily license fee, as appropriate, in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 5-46; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03; 2395.]

It shall be unlawful for any person entering, attending or remaining on any premises where a public dance is conducted pursuant to a permit issued under Section 3-3-512 of this article to have in their possession any alcoholic beverage in a bottle, flask or other container, which was not sold, served, given or furnished to them by the permittee, nor shall they give or sell such alcoholic beverage while on such premises, nor shall any person receive such alcoholic beverage from them while on such premises. [Formerly numbered Section 5-48; renumbered by Ord. No. 3058, eff. 2/21/87; 2395.]

All entertainment mentioned in Section 3-3-507 of this article shall in any of the establishments therein mentioned, be conducted upon a stage or platform raised at least eighteen (18) inches above the floor, unless otherwise authorized by the Community Development Director. In establishments having a dance floor where dancing is duly authorized under the provisions of this code, such entertainment may be conducted upon the dance floor. No entertainer or employee shall 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; provided, however, that a regularly scheduled audience participation type of entertainment may be presented during the time stated and in the manner described in an advertisement posted at the premises and appearing in a regularly printed program, provided a copy of said advertisement shall be received by the Chief of Police twenty-four (24) hours prior to the conducting of said audience participation entertainment. It shall be unlawful for any person to violate or fail to comply with any provision of this section. [Formerly numbered Section 5-49; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2395.]

[Deleted by Ord. No. 22-3,967, eff. 4/1/22; formerly numbered Section 5-50; renumbered by Ord. No. 3058, eff. 2/21/87; 2395.]

No person shall permit any entertainment to be conducted in any establishment required to be licensed under Section 3-3-507 of this article which does not provide unlocked doors with free and easy ingress and egress while patrons are in the establishment. [Formerly numbered Section 5-51; renumbered by Ord. No. 3058, eff. 2/21/87.]

No person shall permit any entertainment to be conducted in any establishment required to be licensed under Section 3-3-507 of this article which is visible from the street. [Formerly numbered Section 5-52; renumbered by Ord. No. 3058, eff. 2/21/87.]

It shall be unlawful for any person employed in any establishment required to be licensed under Section 3-3-507 of this article to solicit or accept drinks of alcoholic beverages from any customer while so employed. [Formerly numbered Section 5-53; renumbered by Ord. No. 3058, eff. 2/21/87.]

It shall be unlawful for any person to conduct, show, stage, perform or produce any entertainment between the hours of two o’clock (2:00) A.M. and six o’clock (6:00) A.M. in any establishment required to be licensed under Section 3-3-507 of this article except by special written authorization of the Chief of Police and under the conditions therein set forth. [Formerly numbered Section 5-54; renumbered by Ord. No. 3058, eff. 2/21/87; 2395.]

No person shall use any establishment required to be licensed under Section 3-3-507 of this article for the purpose of conducting a private club between the hours of two o’clock (2:00) A.M. and six o’clock (6:00) A.M. [Formerly numbered Section 5-55; renumbered by Ord. No. 3058, eff. 2/21/87.]

Every person holding a permit issued under Section 3-3-512 of this article shall keep the same posted in a conspicuous place in open and clear view. [Formerly numbered Section 5-56; renumbered by Ord. No. 3058, eff. 2/21/87.]

Every person holding a permit to operate a public dance issued under Section 3-3-512 of this article shall keep the following rules and regulations, and such supplemental rules and regulations as may be recommended by the City Manager and adopted by resolution of the Council, posted immediately adjacent to the permit in a conspicuous place in open and clear view:

A. Dancing is prohibited after two o’clock (2:00) A.M. on Sunday and between two o’clock (2:00) A.M. and eleven o’clock (11:00) A.M. on any other day;

B. The room, hall or other place where dining and dancing are permitted shall be kept well and adequately lighted with uniform intensity at all times and with minimum light of three (3) foot candles, thirty (30) inches from the floor, and all places where dancing is permitted shall be open and in clear view;

C. No vulgar, obscene, suggestive, marathon or endurance dancing shall be permitted;

D. No person shall pay or receive any fee or remuneration to be a dancing partner. This provision shall not apply to professional paid entertainers when performing as such;

E. No person under the influence of alcoholic beverages shall be admitted or permitted to remain in or upon the premises;

F. Boisterous or disorderly conduct or the use of profanity is prohibited;

G. Smoking on the floor area used for dancing is prohibited;

H. Dancing shall be limited to bona fide patrons; and

I. No permittee shall serve, or permit to be served, any drinks other than individual drinks, or serve, or permit to be served, cracked ice in glasses or otherwise, or serve, or permit to be served, what is commonly termed “setups”. [Formerly numbered Section 5-57; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,968, eff. 4/1/22; 2395.]

It shall be unlawful for any person holding a permit issued under Section 3-3-512 of this article to violate or fail to comply with any of the foregoing rules and regulations, and every such violation shall constitute a misdemeanor. [Formerly numbered Section 5-58; renumbered by Ord. No. 3058, eff. 2/21/87.]

Any permit issued under Section 3-3-512 of this article shall be summarily and temporarily suspended by the Chief of Police upon information and belief, or knowledge, that the holder of such permit has violated or failed to comply with any of the rules and regulations set forth in Section 3-3-523 of this article, or has failed to enforce said rules and regulations. Such suspension shall be accomplished by posting a notice thereof on the premises over the place where the permit is posted and as required by Title 2, Chapter 1, Article 15 of this code. [Formerly numbered Section 5-59; renumbered by Ord. No. 3058, eff. 2/21/87; 3048, 2395.]