Chapter 6.16 — ENTERTAINMENT BUSINESSES

Prior ordinance history: Ords. 1125, 1225, 1386.

This chapter is intended to regulate businesses that offer entertainment in order to protect the health, safety, and general welfare of the city. Over the years, the city has had a variety of businesses that offered entertainment at different locations in the city, and each location had a number of issues involving security, patron safety, and interaction with nearby businesses, homes, and public activity. The provisions of this chapter have neither the purpose nor effect of imposing limitation or restriction on the content of any entertainment activity. (Ord. 1767 § 2, (2005))

The following definitions apply to this chapter:

"ABC" means the State Department of Alcoholic Beverage Control.

"Amusement arcade" means any business or establishment which has five or more amusement devices on its premises for the purpose of being played, operated or used by the patrons of the arcade on a prepaid basis or for money or tokens deposited in the amusement machine played, operated, or used. "Amusement arcade" also means any premises where 25% or more of the public floor area is devoted to amusement devices, whether or not amusement devices constitute a primary use or an accessory use of the premises.

"Amusement device" means any device, game, or contrivance, including, but not limited to pinball machines, video games, computer games, and electronic games, for which a charge or payment is received for the privilege of playing, using, or operating the same and which, as the result of such use, operation, or playing does not entitle the person using, operating, or playing such device, game, or contrivance to receive the same return in market value in the form of tangible merchandise each time such device, game, or contrivance is used, operated, or played.

"Chief of police" means the chief of police of the city or the chief's authorized representative.

"Entertainment" means any show, play, skit, musical revue, karaoke, dance production, concert, opera, or the production or provision of sights or sounds or visual or auditory sensations, which are designed to or may divert, entertain, or otherwise appeal to members of the public who are admitted to a place of entertainment, and which is produced by any means, including radio, phonograph, tape recorder, piano, orchestra or band, or any other musical instrument, television, slide or movie projector, spotlights, or interruptible or flashing light devices.

"Entertainment business" means any amusement arcade or any place of business wherein entertainment is offered or given to the public, whether or not a fee is charged for admission thereto, except businesses where only incidental entertainment is offered or given and theaters.

"Incidental entertainment" means the use of radio, television, or music recording devices or juke boxes in any establishment when used for background only. In addition, this term includes non- amplified live performance by a performer (or performers). This term does not include the use of the devices mentioned above by a disc jockey, or in conjunction with karaoke, or in connection with dancing by patrons.

"Primary entertainment" means entertainment provided at an entertainment business where the predominant reason for patronage is to observe or participate in the entertainment offered at the business, and admission to the establishment is charged either separately, or as part of a cover charge, or minimum food or beverage purchase requirement.

"Security guard" means a uniformed person licensed under the California Department of Consumer Affairs licensing and training requirements.

"Secondary entertainment" means entertainment provided at an entertainment business where the observation or participation in the entertainment offered is not the predominant reason for patronage, and no admission to the establishment is charged either separately, or in the form of a cover charge, or minimum food or beverage purchase requirement.

"Theater" means an establishment that is primarily devoted to film or theatrical performances and means a building, playhouse, room, hall or other place having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage upon which theatrical, movies, or live performances are presented, and where such performances are not incidental to promoting the sale of food, drink or other merchandise; and for which a city business license for a theater is in full force and effect. (Ord. 1767 § 2, (2005))

(a) It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of an entertainment business unless the person first obtains and continues to maintain in full force and effect a permit from the city as required by this chapter.

(b) It is unlawful for any person who owns, leases, or is in otherwise lawful possession of
property to permit or allow another person to arrange for and provide entertainment on such
property, unless the owner, lessee, or person in lawful possession of the property first
obtains and continues to maintain in full force and effect a single event entertainment
permit as herein required. This provision shall apply to premises that are used on an
occasional basis for entertainment events conducted either:

(1) By persons who are not the property owners and who have not conducted such an
event at the property in the previous six months; or

(2) By the property owners and who have not conducted such an event at the property in
the previous six months.
(Ord. 1767 § 2, 2005)

Notwithstanding any other provision of this chapter, the provisions of this chapter shall not apply to entertainment that is:

(a) Entertainment sponsored by the city, the county of San Mateo, the various public boards of
education, or by any other political subdivision of the state; or

(b) Entertainment sponsored by any nonprofit public benefit organization, whose primary
objective is the sponsoring and control of youth activities and child welfare. If the event is
a dance, the following requirements must be met:

(1) No person 18 years of age or older may be admitted as a guest, unless such person is
a bona fide student at, or member of, the sponsoring agency or organization;

(2) No alcoholic beverages are served, consumed, or permitted on the premises;

(3) Chaperones from the sponsoring agency are present on the premises at the rate of two
adults, who are at least 25 years of age or older, for every 100 guests, and

(4) The event must finish by 12:00 a.m. and the premises and the adjoining parking lots
must be promptly vacated by all the guests; or

(c) Entertainment lawfully conducted under permit at any city park, building, or recreational
facility; or

(d) Entertainment lawfully conducted entirely upon property owned or controlled by a
governmental entity; or

(e) Incidental entertainment only; or

(f) Entertainment provided for members and their guests at a private club having an
established membership when admission is not open to the public. For purposes of this
section, private club means corporations or associations operated solely for objects of
national, social, fraternal, patriotic, political, or athletic nature, in which membership is by
application and regular dues are charged, and the advantages of which club belong to
members, and the operation of which is not primarily for monetary gain; or

(g) Entertainment provided for invited guests at a private event such as a wedding reception,
banquet, or celebration, where there is no admission charge and the general public is neither
invited nor admitted; or

(h) Street performers, such as musicians, singers, or mimes; or

(i) Entertainment conducted or sponsored by any religious organization, bona fide club, organization, society, or association that is exempt from taxation pursuant to Internal Revenue Code Section 501(c)(3), when all proceeds, if any, arising from such entertainment are used exclusively for the benevolent purposes of such religious organization, club, society, or association; or

(j) Performances by the students at educational institutions as defined by the Education Code
where such performances are part of an educational or instructional curriculum or program;

(k) Theaters; or

(l) Dance lessons, theatrical and performing arts lessons, and student recitals; or

(m) Book readings, book signings, poetry recitations, and any other similar entertainment
consisting of the spoken word, including plays; or

(n) The normal and customary fitness services provided by an athletic club or fitness center; or

(o) Entertainment provided as at a conference or convention as part of the convention's or
conference's overall program and to which the general public is neither invited nor
admitted; or

(p) An adult oriented business that is offering entertainment solely in conformance with a current city adult oriented business permit;

(q) A remote broadcast by a television or radio station that consists of the spoken word; if
music is a part of the broadcast, the music shall either be non-amplified at the remote
location or shall last no longer than a total of five minutes during any 15 minute period.
(Ord. 1767 § 2, (2005))

(a) Any person who proposes to maintain, operate or conduct an entertainment business in the city shall file an application with the chief of police upon a form provided by the city and shall pay a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable.

(b) All applications shall include the following information:

(1) If the applicant is an individual, the individual shall state his or her legal name,
including any aliases, address, and submit satisfactory written proof that he or she is
at least 18 years of age.

(2) If the applicant is a partnership, the partners shall state the partnership's complete
name, address, and the names of all partners, whether the partnership is general or
limited.

(3) If the applicant is a corporation, the corporation shall provide its complete name, the
date of its incorporation, evidence that the corporation is in good standing under the
laws of California, the names and capacity of all officers and directors, the name of
the registered corporate agent and the address of the officer for service of process.

(c) If the applicant is an individual, he or she shall sign the application. If the applicant is other
than an individual, an authorized officer of the business entity or an individual with a 10%
or greater interest in the business entity shall sign the application.

(d) If the applicant intends to operate the entertainment business under a name other than that
of the applicant, the applicant shall provide the fictitious name of the entertainment
business.

(e) The application shall contain a description of the type of entertainment business for which
the permit is requested and the proposed address where the entertainment business will
operate, plus the names and addresses of the owners and lessors of the entertainment
business site.

(f) The application shall include the address to which notice of action on the application is to
be mailed; this address will also be used for contact and notices during the life of the permit
unless the permittee provides written notice to the police department that the address has
been changed.

(g) The application shall include a sketch or diagram showing the interior configuration of the
premises, including a statement of the total floor area occupied by the entertainment
business. The sketch or diagram need not be professionally prepared, but must be drawn to
a designated scale or drawn with marked dimensions of the interior of the premises to an
accuracy of plus or minus one foot.

(h) The application shall include a description of the lighting to be provided inside the entertainment business; a sketch or site plan depicting the lighting and security measures to be provided at all entrances and exits to the business; and a sketch of the site plan of any private parking areas that will serve the entertainment business and the lighting and security measures to be provided at those areas.

(i) A brief description of the entertainment to be offered and the hours during which the entertainment may be offered.

(j) The application shall describe the type of security and crowd management to be provided for the entertainment business. This description shall specifically describe procedures for admitting and re-admitting patrons, checking identification, enforcing dress codes, and removal of unruly patrons from the premises.

(Ord. 1767 § 2, (2005))

(a) Upon receipt of a completed application and payment of the application and permit fees, the chief of police shall promptly investigate the information contained in the application to determine whether the applicant shall be issued an entertainment permit.

(b) The applicant is responsible for making an appointment with the chief of police to discuss
the security program for the entertainment business, and no application shall be approved
until such a meeting has been held.

(b ) Within 15 business days of receipt of the completed application, the chief of police shall
complete the investigation, grant or deny the application in accordance with the provisions
of this section, and so notify the applicant as follows:

(1) The chief of police shall write or stamp "Granted" or "Denied" on the application and
date and sign such notation.

(2) If the application is denied, the chief of police shall attach to the application a
statement of the reasons for denial.

(3) If the application is granted, the chief of police shall attach to the application an
entertainment permit together with the standard conditions of operation and any
special conditions developed in consultation with the applicant to address specific site
concerns.

(4) The decision of the chief of police shall be placed in the United States mail, first class
postage prepaid, addressed to the applicant at the address stated in the application.

(c) The chief of police shall grant the application and issue the entertainment permit upon
findings that the applicant has met all of the development and performance standards and
requirements of this chapter and the application is not subject to denial pursuant to Section
6.16.070 of this chapter.

(d) If the chief of police neither grants nor denies the application within 15 business days after
it is stamped as received, the applicant may begin operating the entertainment business for
which the permit was sought, subject to strict compliance with the development and
performance standards and requirements of this chapter. If the applicant begins operating
the entertainment business because the chief of police has not granted or denied the application within 15 business days, the chief of police may issue the permit after the 15
day period has elapsed, and the permit shall be subject to suspension or revocation under
the provisions of Section 6.16.120.
(Ord. 1767 § 2, (2005))

The chief of police shall deny the application for any of the following reasons:

(a) The building, structure, equipment, or location to used by the entertainment business does not comply with the requirements and standards of the health, zoning, fire and safety laws of the city, county of San Mateo, and the state, or with the development and performance standards and requirements of this chapter. However, approval of the permit by the chief of police shall not be deemed to be a waiver by the city, the county, or the state of any such laws or a determination that the building, structure, equipment, or location complies with such laws.

(b) The applicant, or an employee, agent, partner, director, officer, shareholder, or manager of the applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for an entertainment permit or the application process.

(c) An applicant is under 18 years of age.

(d) The required application fee has not been paid.

(e) Within the last five years immediately preceding the date of the filling of the application, the applicant, or an employee, agent, partner, director, officer, shareholder, or manager of the applicant has either had an entertainment permit issued by the city or any other jurisdiction revoked, or has engaged in conduct that would provide grounds for revocation of such a permit under Section 6.16.120 of this chapter.

(f) The applicant has failed to provide a complete application. If an application is denied on this basis, the chief of police shall state the information that is needed to make the application complete.

(g) The applicant has failed to make an appointment to meet with the chief of police within five business days of filing the application. (Ord. 1767 § 2, (2005))

(a) A permittee shall not operate an entertainment business under the authority of an entertainment permit at any place other than the address of the entertainment business stated in the application for the permit.

(b) A permittee shall not transfer ownership or control of an entertainment business or transfer an entertainment permit to another person.

(c) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked. (Ord. 1767 § 2, (2005))

(a) Every person who owns, leases, or is otherwise in lawful possession of property and who proposes to permit or allow another person to arrange for and provide entertainment on such property in the city shall file an application for an entertainment permit under the provisions of Section 6.16.050 (unless such person has already obtained an entertainment permit) and in addition, shall file an application with the chief of police for a single event entertainment permit. The applicant for a single event entertainment permit shall pay a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable.

(b) The single event entertainment permit application shall include the following information:

(1) If the person who will arrange and provide entertainment is an individual, the
applicant shall state their legal name, including any aliases, address, and submit
satisfactory written proof that he or she is at least 18 years of age.

(2) If the person who will arrange and provide entertainment is a partnership, the
applicant shall state the partnership's complete name, address, the names of all
partners, whether the partnership is general or limited, and attach a copy of the
partnership agreement, if any.

(3) If the person who will arrange and provide entertainment is a corporation, the
applicant shall provide its complete name, the date of its incorporation, evidence that
the corporation is in good standing under the laws of California, the names and
capacity of all officers and directors, the name of the registered corporate agent and
the address of the registered office for service of process.

(4) The application shall contain a description of the type of entertainment for which the
permit is requested, the proposed address where the entertainment will be provided,
including the names and addresses of the owners and lessors of the property, and the
date and the hours during which the entertainment will be conducted.

(5) The application shall include a description of the lighting to be provided inside the
entertainment venue; a sketch or site plan depicting the lighting and security measures
to be provided at all entrances and exits to the venue; and a sketch of the site plan of
any private parking areas that will serve the entertainment venue and the lighting and
security measures to be provided at those areas.

(6) The application shall describe the type of security and crowd management to be
provided for the entertainment venue. This description shall specifically describe
procedures for admitting and re-admitting patrons, checking identification, enforcing
dress codes, and removal of unruly patrons from the premises.

(7) The application shall include the address to which notice of action on the application
is to be mailed; this address will also be used for contact and notices during the life of
the permit unless the permittee provides written notice to the police department that
the address has been changed.

(8) The application shall disclose whether the person who will arrange and provide
entertainment has in the past been issued an entertainment permit by the city, or by
any other jurisdiction, and if so, shall disclose the issuing agency, the dates during
which the permit was valid. In addition, the applicant shall disclose whether the
person who will arrange and provide entertainment has ever had an entertainment permit, or similar authorization revoked or voluntarily surrendered because of the
violation of permit conditions.

(c) The applicant is responsible for scheduling a meeting with the chief of police within five
business days of filing the application to discuss security arrangements. No permit shall be
issued unless such a meeting has occurred.

(d) The entertainment authorized by a single event entertainment permit shall be limited to the
type and location of entertainment specified in the permit application. The permittee shall
not permit or allow entertainment not described in the permit application to be provided.
(Ord. 1767 § 2, (2005))

(a) Upon receipt of a completed application and payment of the application and permit fees, the chief of police shall promptly investigate the information contained in the application to determine whether the applicant shall be issued a single event entertainment permit.

(b) Within 15 business days of receipt of the completed application, the chief of police shall
complete the investigation, grant or deny the application in accordance with the provisions
of this section, and so notify the applicant as follows:

(1) The chief of police shall write or stamp "Granted" or "Denied" on the application and
date and sign such notation.

(2) If the application is denied, the chief of police shall attach to the application a
statement of the reasons for denial.

(3) If the application is granted, the chief of police shall attach to the application an
entertainment permit together with the standard conditions of operation and any
special conditions developed in consultation with the applicant to address specific site
concerns.

(4) If the application is granted or denied, the decision and the permit, if any, shall be
placed in the Unites States mail, first class postage prepaid, addressed to the applicant
at the address stated in the application.

(c) The chief of police shall grant the application and issue the single event entertainment
permit upon findings that the applicant has obtained an entertainment permit and met all of
the development and performance standards and requirements of this chapter, unless the
application is denied for one or more of the reasons set forth in Section 6.16.110 of this
chapter. The permittee shall post the permit conspicuously in the entertainment business
premises on the date of the single event.

(d) If the chief of police grants the application or if the chief of police neither grants nor denies
the application within 15 business days after it is stamped as received, the applicant may
conduct the single event for which the permit was sought, subject to strict compliance with
the development and performance standards and requirements of this chapter.
(Ord. 1767 § 2, (2005))

The chief of police shall deny the application for any of the following reasons:

(a) The applicant has not obtained an entertainment permit.

(b) The building, structure, equipment, or location proposed for the single event does not
comply with the requirements and standards of the health, zoning, fire and safety laws of
the city, the county of San Mateo, and the state, or with the development and performance
standards and requirements of this chapter.

(c) The applicant, or the person arranging and providing the entertainment, or an employee,
agent, partner, director, officer, shareholder, or manager of the applicant or the person
arranging and providing the entertainment have knowingly made any false, misleading or
fraudulent statement of material fact in the application for a single event entertainment
permit.

(d) An applicant, or the person arranging and providing the entertainment, is under 18 years of
age.

(e) The required application fee has not been paid.

(f) Within the last five years immediately preceding the date of the filing of the application,
the applicant, or the person arranging and providing the entertainment, or an employee,
agent, partner, director, officer, shareholder, or manager of the applicant or the person
arranging and providing the entertainment have either had an entertainment permit issued
by the city or any other jurisdiction revoked, or have engaged in conduct that would provide
grounds for revocation of such a permit under Section 6.16.120.

(g) The applicant has failed to provide a complete application. If an application is denied on
this basis, the chief of police shall state the information that is needed to make the
application complete.
(Ord. 1767 § 2, (2005))

(a) Upon initial issuance of an entertainment business permit, the permit shall be subject to review by the chief of police after six months from date of issuance.

(b) Each entertainment permit shall be subject to annual review in June or July by the chief of police.

(c) During a review, the chief of police may request a permittee to meet with the chief to discuss any problems or concerns. A permittee shall attend such a meeting as directed, and failure to attend shall be grounds for suspension or revocation of the permit. (Ord. 1767 § 2, (2005))

entertainment permits.

An entertainment permit or a single event entertainment permit may be suspended or revoked in accordance with the procedures and standards of this section.

(a) On determining that grounds for permit revocation may exist and that a suspension or revocation should be considered at that time, the chief of police shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support of the consideration. The notice shall be mailed, postage prepaid, addressed to the address of the permittee as last provided by the permittee in connection with the entertainment permit, or shall be delivered to the permittee personally, at least 10 days prior to the hearing date. Hearings shall be conducted in accordance with following procedures, as may be supplemented by procedures established by the chief of police:

(1) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The chief of police's decision may be appealed in accordance with Section 6.16.140.

(b) A permittee may be subject to suspension or revocation of its permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an entertainment business:

(1) The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city.

(2) The permittee, employee, agent, partner, director, stockholder, or manager of an entertainment business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the entertainment business, or in the case of a single event entertainment permit, the permittee, employee, agent, partner, director, stockholder, or manager has knowingly allowed or permitted and has failed to make a reasonable effort to prevent the occurrence of any of the following at the single entertainment event:

(A) Any conduct prohibited by this chapter; or

(B) Any violation of any condition of the entertainment permit.

(3) Failure to abide by a disciplinary action previously imposed by an appropriate city
official.

(4) Failure to comply with all applicable state and local law in the operation of the
entertainment business.

(c) After holding the hearing in accordance with the provisions of this section, if the chief of
police finds and determines that there are grounds for disciplinary action, based upon the
severity of the violations, the chief of police shall impose one of the following:

(1) A warning;

(2) Imposition of conditions to correct the violations that occurred;

(3) Suspension of the permit for a specified period not to exceed six months, which may
include imposition of additional conditions upon re-opening to correct the violations
that occurred; or

(4) Revocation of the permit.
(Ord. 1767 § 2, (2005); Ord. 1793 § 4, (2006))

The chief of police may suspend an entertainment permit pending a hearing on the suspension or revocation of the permit if the chief of police finds that there is an impending and significant threat to the public health or safety arising out of the use of the entertainment permit. No emergency suspension shall remain in effect for more than 15 days, unless the permittee agrees to a longer term. (Ord. 1767 § 2, (2005))

An applicant who wishes to appeal the decision of the chief of police regarding an application or an action to suspend or revoke a permit may do so under the following hearing procedures:

(a) An appeal of the chief of police's decision on a permit application or from the chief of
police's decision after a permit revocation or suspension hearing, may be made by filing a
written request for appeal with the city clerk within 10 days of the date the decision was
mailed. If no appeal is filed within this time period, then the decision of the chief of police
shall become final, and the applicant shall be deemed to have waived all rights to appeal or
other review. All requests for appeal shall include a statement of the basis for the appeal
and the errors claimed to have occurred.

(b) The city manager or the manager's designee shall schedule a hearing on the appeal for not
less than 10 days nor more than 20 days from the date of mailing notice to the applicant of
the time and place of the appeal hearing. The notice of hearing shall be sent by first class
mail to the applicant within five days of filing a timely notice of appeal.

(c) The city manager or the manager's designee shall review the written record and allow
testimony to be given. The city manager or designee shall also allow oral argument. After
all verbal testimony has been reviewed, the city manager or designee shall render a written
decision within 10 working days from the date the matter is submitted for decision. The
action of the city manager or designee shall be final and conclusive, subject only to
applicable court review.

(d) If the chief of police's decision is affirmed on appeal, the applicant or permittee may seek
prompt judicial review of such administrative action pursuant to the Code of Civil
Procedure Section 1094.5 or 1094.8 (if that section is applicable). The city shall make all
reasonable efforts to expedite judicial review, if sought by the permittee.
(Ord. 1767 § 2, (2005))

The following performance standards shall apply to all entertainment businesses except amusement arcades, and shall be deemed conditions of all entertainment permits. Failure to comply with each such requirement, unless expressly provided otherwise in the specific entertainment permit, shall be grounds for suspension or revocation of a permit issued pursuant to this chapter:

(a) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed, and provided in accordance with the fire and building regulations and standards
of the city. A manager shall be on the premises at all times during which entertainment is
being offered.

(b) The premises within which the entertainment business is located shall provide sufficient
sound-absorbing insulation so that noise generated inside the premises shall not be audible
anywhere on any adjacent property or public right-of-way or within any other building or
other separate unit within the same building and comply with all applicable city noise
regulations. The establishment shall measure the current 24 hour ambient noise levels
(L10) at the exterior of the property along the public right-of-way using a methodology
approved by the director of community development before opening for business. Upon
request by the city, the establishment shall conduct noise measurements to determine
whether the noise from the establishment is exceeding the five dBA standard for increases
in noise from the baseline as provided in the Burlingame General Plan, and shall report the
measurements to the city, and the establishment shall ensure that the five dBA standard is
not exceeded.

(c) No entertainment shall be permitted between the hours of 1:30 a.m. and 9:00 a.m.

(d) The business premises offering entertainment shall be suitably lighted with minimum
lighting of six-candle power at floor level, except during performances on stages. This light
intensity shall be measured at no more than 30 inches from the floor.

(e) All patrons shall be out of the building by 2:00 a.m. Specific times for last call for any
alcohol service may be determined by the chief of police based on the number of
entertainment businesses within 1,000 feet, with the objective of staggering the closing
times to reduce potential traffic problems and conflicts and make police patrol and security
more efficient.

(f) Security personnel shall be visible at the primary entrance beginning no later than 30
minutes before closing of the entertainment business and shall remain until patrons are
dispersed. Security shall not permit crowds or patrons to loiter in the front of or in the
immediate vicinity of the entertainment business after closing. If a cover charge is charged
to enter the establishment, the establishment shall ensure that patrons in line to enter do not
obstruct either the public sidewalk or the public street.

(g) The permittee shall remove all litter from the front of the entertainment site and public
sidewalks adjacent to and within 50 feet of the front of the entertainment site immediately
upon every closing.

(h) Private Rooms. No entertainment shall be offered, permitted, or allowed to take place
within a private room the interior of which is not fully visible by a person standing in at
least one place within 10 feet of the primary entrance to the premises in which the
entertainment is offered, unless all of the following conditions are met:

(1) Visibility into the private room is provided through the installation in the wall
separating the room from a corridor accessible to patrons or the main room of the
premises of a 12 square foot window measuring four feet in width by three feet in
height, the lower edge of which shall be installed at a point four feet above the floor.

(2) The window required by subsection (h)(1) above shall remain completely clear and
unobstructed at all times.

(3) The dimensions of the windows required by subsection (h)(1) above are the minimum
required, but may be larger.

(4) The private room shall be lit to at least the illumination that allows a person on the
outside of the room to observe the activity of those in the room at all times the room
is occupied.

(5) Doors providing access to private rooms shall not be equipped with locks of any kind.

(6) No private room shall be configured so that the installation of the windows required
by subsection (h)(l) above will not provide substantially complete visibility into the
private room to a person standing outside the room.

(i) Security.

(1) For occupancy levels below 100 persons, the permittee shall provide at least two persons to monitor occupancy and admittance and exterior, interior and parking areas associated with the use at all times that any entertainment is being offered. At least one person will be a front door person responsible for monitoring occupancy and admittance and maintaining a count of persons admitted. At least one other person will monitor exterior areas and will float throughout the interior area to provide a safe environment. When occupancy exceeds 100 persons, the permittee shall provide security guards to adequately control the environment at a ratio of at least one guard per additional 50 people (or any fraction thereof). The permittee is responsible for providing a safe environment. These security requirements are minimum mandatory requirements. The permittee shall provide security based on all the circumstances surrounding the entertainment provided and patrons expected.

(2) Permittee shall designate a front door security presence when open for entertainment. Front door security shall check identification to verify age requirements. Permittee shall educate these persons in admission policy and maximum occupancy limit. Further, permittee shall provide these persons with a means to monitor occupancy, screen for weapons, bottles, drugs, and intoxication, and direct security to prohibit further entry when maximum occupancy is reached. When maximum occupancy exists, permittee shall advise the remaining people in line that the establishment has reached its maximum number of occupants and that there will not be any further admittance.

(3) Permittee is responsible for maintaining an outdoor security presence when a crowd is waiting to gain access to the building. Permittee shall post at least one dedicated security guard, in addition one security guard or management employee checking identifications at the door, who will be responsible for providing an organized method of maintaining a line that will not block public sidewalks, driveways, or surrounding business doorways. Permittee shall have the designated outside line security maintain an orderly single file line. Stanchions, ending just prior to the neighboring business, may be used to control the line with the approval of the chief of police. Once the line reaches maximum occupancy, the designated security shall advise all remaining patrons that the line is full. He or she must advise remaining patrons that they are to exit the area in an orderly fashion.

(4) Security personnel shall be readily identifiable to customers and law enforcement as either private security or management personnel through use of distinctive clothing or uniforms and identification. Security guards shall wear distinctive uniforms and be readily identifiable as private security personnel to customers and law enforcement.

(j) Any violations of the law or threatened violations shall be immediately reported to the police department and full cooperation shall be given by employees and management of the business.

(k) No variance from the permitted entertainment shall occur without obtaining an amendment to the permit.

(l) No part of the business shall be subleased without notification to the police department.

(m) Any fight, ejection of customer, thefts from customers, or any other criminal act occurring at the establishment shall be reported to the police department as soon as any establishment employee or security guard is aware of such an incident.

(n) Any request by anyone in the establishment for an employee to contact the police department shall be honored immediately, without question.

(o) Labor Code Section 6404.5 regulating smoking shall be enforced at all times.

(p) Advertising for the entertainment shall conform to the requirements of this code.

(q) No patrons will be admitted to the establishment after 1:00 a.m.

(r) For establishments located in either the Burlingame Avenue or the Broadway Commercial
District as defined in Title 25 of this code, beverages will only be served in plasticware
after 10 p.m. on Thursday, Friday, and Saturday nights and New Year's Eve, the
Wednesday night before Thanksgiving Day, Saint Patrick's Day, Halloween, and the Fourth
of July. In addition, the establishment shall be responsible for applying this condition to
other times and events during the year such as grand opening celebrations, anniversaries,
and other nights or days in which the establishment has attracted extraordinarily large
numbers of or unusually rowdy persons or other special considerations indicate that
application of this condition makes good business and practice sense. The exceptions to
this are closed, private parties and beverages served in stemware.

(s) Permittee shall ensure that all business employees fully cooperate with the police
department when asked to provide witness statements, contact information, and requests to
return telephone calls as soon as possible.

(t) Permittee shall not permit any person in an intoxicated condition to enter or remain in the
establishment.

(u) The permittee shall meet with the chief of police to discuss the conduct of the establishment
upon reasonable request.
(Ord. 1767 § 2, (2005); Ord. 1806 § 3, (2007))

beverages are served.

The following additional requirements shall apply to any entertainment business where alcoholic
beverages are served anywhere on site, and failure to comply with every such requirement shall
be grounds for revocation or suspension of a permit issued pursuant to this chapter:

(a) All alcohol beverage laws shall be strictly enforced. The permittee shall comply with all
conditions and restrictions imposed upon the Department of Alcoholic Beverage Control
(ABC) license and all applicable ABC regulations.

(b) No minors are to be allowed on the premises during hours when there is no food service,
unless they are there on lawful business, and no minors shall be allowed in the business
after 10:00 p.m. when entertainment is being offered. If an ABC Type 47 on-sale general
eating place permit has been issued to the permittee, persons under the age of 21 years shall
not be allowed in areas where meals are not served.

(c) A sign indicating there is an age restriction of 21 years and older shall be posted at all
entrances to bar areas. This sign shall be readily visible to patrons.

(d) The permittee shall participate with ABC programs for refresher bartender and waitress
training on no less than an annual basis.
(Ord. 1767 § 2, (2005))

The following requirements shall apply to entertainment businesses providing amusement arcade entertainment; and shall be deemed conditions of the entertainment permit, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to this chapter.

(a) All amusement devices within the premises shall be visible to and supervised by an
identifiable adult attendant who shall be present at all times when any amusement device is
being operated. Such attendant shall be provided with a jacket, vest, or other clothing that
clearly identifies such person as an employee of the arcade.

(b) The supervision of the patrons on the premises shall be adequate to insure that there is no
conduct that unreasonably interferes with the use of surrounding properties.

(c) No one under 18 years of age shall be allowed to play the amusement devices between the
hours of 7:00 a.m. and 3:00 p.m. during the academic year of any public school district
with a school in the city; holidays, Saturdays, and Sundays are excluded. No one under 18
years of age may loiter inside or outside the premises or play amusement devices between
10:00 p.m. and 6:00 a.m.

(d) Each arcade maintaining 16 amusement devices or more shall provide a minimum of one
uniformed private security person in addition to the adult attendant from 3:00 p.m. until
after closing time during weekdays and at all times during the hours of operation on
weekends and holidays. The identity of the security person or persons shall be provided to
the chief of police on forms provided by the police department. If there are an unusual
amount of police service calls to an amusement arcade with 16 or more amusement devices,
the chief of police may require that the security person required by this subsection be
replaced by a security guard.

(e) Outside security lighting shall be provided under the direction of and subject to the
approval of the police department.

(f) Public restroom facilities shall be provided.

(g) A minimum of 10 foot-candle illumination generally distributed must be contained in all parts of the premises at all times when the arcade is open and when the public is permitted
to enter or remain therein.

(h) No amusement device shall be situated in such a way that its use will violate any applicable fire regulation or hinder the reasonable egress from and ingress to the premises of the public. A fully dimensioned floor plan indicating the location of each machine and the aisle width for ingress shall be clearly labeled.

(i) The business entrance shall be unlocked during all times that the premises is open for use
of arcade games.

(j) Video surveillance cameras shall be installed in the arcade areas to continually record
patron activities to tape or disk during the establishment's hours of operation. Recorded
tapes and disks shall be maintained for a period of at least 96 hours after recording. The
recorded tapes and disks shall be made available to police personnel upon written request.

(k) No alcoholic beverages are allowed in areas operated as amusement arcades.

(l) If a token change machine or coin change machine is installed, it shall be protected by an
alarm system.

(m) The applicant shall restrict access into and out of the facility through the front door(s) only.
The rear door shall be equipped with an audible alarm that will sound whenever the door is
opened. The door shall be sign posted to indicate the alarm condition.

(n) Any pay telephone installed inside the premises or any pay telephone immediately adjacent
to the front of the business shall be restricted from receiving incoming calls.

(o) No gambling shall be permitted in areas operated as amusement arcades.

(p) The permittee shall maintain and keep its amusement devices in good working order and
condition.
(Ord. 1767 § 2, (2005))

Every entertainment business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such entertainment business in a conspicuous place so that the permit may be readily seen by all persons entering the entertainment business. (Ord. 1767 § 2, (2005))

An applicant or permittee shall permit representatives of the police department, health department, fire department, community development department, or other city departments to inspect the premises of an entertainment business for the purpose of insuring compliance with the law and the development and performance standards applicable to entertainment businesses, at any time it is occupied or opened for business. A person who operates an entertainment business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business. (Ord. 1767 § 2, (2005); Ord. 1806 § 4, (2007))

The provisions of this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other provisions of this code or county or state laws applicable to the entertainment activity or the business within which the activity is conducted. (Ord. 1767 § 2, (2005))

If ambiguity arises concerning the content or application of this chapter, it shall be the duty of the chief of police to establish all pertinent facts and to interpret its provisions. (Ord. 1767 § 2, (2005))

Any entertainment business operated, conducted, or maintained in violation of the requirements of this chapter is declared to be a public nuisance, and in addition to any other remedy provided by this law may be abated through the initiation of a civil enforcement action brought by the city attorney. (Ord. 1767 § 2, (2005))

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. (Ord. 1767 § 2, (2005))