Campbell Municipal Code Ch. 5.24 Live Entertainment

Footnotes:

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Note— For regulations governing nude and seminude entertainment, see Section 5.36.030 of this title.

(a) Live entertainment in bars, taverns, cocktail lounges, restaurants, recreational parks, theaters, cafes, cabarets, banquet facilities, rental halls or other public places not employing nude or seminude persons therefor may be permitted by the chief of police upon written application pursuant to the provisions of Section 5.24.030. The City Council shall by resolution establish the regulatory fee to be paid upon application for this permit.

The permit shall be non-transferable.

(b) For the purpose of this section, live entertainment is defined as entertainment provided by bands, instrumentalists, disk jockeys, dancers, raconteurs, pantomimists, prestidigitators, magicians, vaudevillians, acrobats, actors and theatrical performers, pageants, or contests involving audience participation, including acts in which animals, exotic or otherwise, are used. The use of animals, exotic or otherwise, shall be subject to the provisions of Title 7 of this code.

(c) The following uses are specifically exempted from this section:

(1) Shows and entertainments, theatrical, musical and vocal presentations, and other live performances conducted by schools, colleges, churches, lodges and private clubs themselves on their own premises, and those conducted and sponsored by civic groups in supervised municipal parks;

(2) Live entertainment conducted in a pedestrian-oriented activity in the CB-MU (Central Business Mixed-Use) zoning district, provided that such entertainment satisfies the requirements stated in Section 21.11.060.E (Standards for live entertainment in the Central Business Mixed-Use zoning district).

(3) Live entertainment conducted in conjunction with an approved temporary use permit in compliance with Chapter 21.45 (Temporary use permits).

(4) Live entertainment approved through a zoning clearance for Special Events on sites subject to a master use permit authorized by Section 21.14.030.C (Master use permit).

(Prior code § 6300(c); Ord. 1903 § 1(part), 1994; Ord. 2038 § 1(part), 2003; Ord. No. 2132, § 11, 8-30-2010, eff. 7-1-2011; Ord. No. 2266, § 5, 9-1-2020; Ord. No. 2270, § 20, 3-16-2021; Ord. No. 2306, § 9, 4-16-2024)

No dancing or live entertainment shall be permitted between the hours of two a.m. and six a.m. in bars, taverns, cocktail lounges, restaurants, recreational parks, theaters, cafes, cabarets, banquet facilities, rental halls or other public places.

(Ord. 2038 § 1(part), 2003: Ord. 1903 § 1(part), 1994: Ord. 1000 § 1, 1975: Ord. 949, 1974).

(a) Contents. 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 they are at least eighteen years of age;

(2) If the applicant is a partnership, the partners 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 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 registered office for service of process;

(4) If the applicant is an individual, they shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business entity shall sign the application;

(5) If the applicant intends to operate under a name other than that of the applicant, the applicant shall file the fictitious name and show proof of registration of the fictitious name;

(6) A description of the type of live entertainment for which the permit is requested and the proposed address where the live entertainment will be offered, plus the names and addresses of the owners and lessors of the site of the live entertainment;

(7) The address to which notice of action on the application is to be mailed.

(b) Submission of the Application. The application shall be submitted to the chief of police or designee for review. If the police chief or their designee determines that the applicant has completed the application improperly, or otherwise deems the application to be incomplete, the police chief shall, within ten days of receipt of the original application, notify the applicant of such fact and, on request of the applicant, grant the applicant ten days or less to submit a complete application. In addition, the applicant may request an extension, not to exceed ten days, of the time for the police chief or their designee to determine the completeness of the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(c) Investigation by Chief of Police. Upon receipt of a completed application and payment of all application and permit fees, the police chief or their designee shall immediately stamp the application as received and promptly investigate the information contained in the application. Within thirty days from the receipt of a completed application, the chief of police or their designee shall complete a report summarizing the results of the investigation.

(d) Action by the Chief of Police. The chief of police shall grant the application unless it makes one or more of the following findings:

(1) An applicant is under eighteen years of age;

(2) The required application fee has not been paid;

(3) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application;

(4) The proposed use would constitute a violation of a provision of this code, or other applicable law;

(5) An applicant has been convicted of a felony or crime of moral turpitude;

(6) The proposed operation would result in a public nuisance as defined in this code, or Section 370 of the California Penal Code.

(e) Conditions of Approval. If the chief of police grants the application, it may place such conditions on the exercise of the permit as the chief of police determines to be reasonably necessary to ensure that the operation will conform to the requirements of this code and all other applicable laws.

(f) Written Findings. The chief of police shall prepare written findings in support of its decision.

(g) Decision. The chief of police, or their designee, shall notify the applicant by mail within five days of its decision.

(h) Referral to the City Council. If the chief of police finds that granting the application may have a substantial effect on the surrounding area or is of sufficient size to warrant the consideration of the city council, the chief of police may refer the application to the city council for a decision.

(Ord. 2038 § 1(part), 2003; Ord. No. 2306, § 10, 4-16-2024)

Any person whose application is disapproved by the chief of police shall have the right to appeal from such disapproval to the city council. Such appeal shall be taken by filing with the city council a notice of such appeal no later than ten days after the mailing of the notice of disapproval by the chief of police. Said appeal shall be heard by the city council within fifteen days from and after the filing of the notice of appeal. After the council has heard the appeal it may either overrule or affirm the action taken by the chief of police. If it overrules the chief of police, he shall thereupon issue the permit to the applicant.

(Ord. No. 2306, § 11, 4-16-2024)

Any permit granted pursuant to this chapter may be revoked upon finding of a violation of the provisions of this chapter or any condition placed on the granting of the permit, in accordance with the provisions of Sections 5.01.140 through 5.01.155 of this code.

(Ord. 2038 § 1(part), 2003).

(a) No one may conduct any form of live entertainment that requires a permit under this chapter unless they have obtained all required permits.

(b) It is unlawful to operate any establishment that requires a permit under this chapter in a manner that is inconsistent with the conditions placed on the granting of the permit.

(Ord. 2038 § 1(part), 2003).