Carpinteria Municipal Code Ch. 5.40 Live Entertainment

Footnotes:

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Prior history: Prior code §§ 6600, 6603 as amended by Ord. 548.

A. "Entertainment" means:

1. Any live performance including but not limited to any act, play, review, pantomime, scene, dance act, song and dance act, or instrumental or other musical performance; or

2. Any form of dancing by employees of the establishment.

B. "Place of entertainment" means a premises, indoor or outdoor, open to the public, with or without charge, which does not have permanently fixed seats so arranged that a body of spectators can have an unobstructed view of the stage or area where the entertainment is performed, and in which the entertainment is ancillary to the serving of food and/or other refreshment and/or merchandise.

(Ord. 579 § 2 (part), 2002)

(Ord. No. 781, § 2, 6-10-2024)

The provisions of this chapter shall not apply to entertainment conducted or sponsored by a non-profit or private club, organization or association to which members of the general public are not invited, nor to special events that are regulated pursuant to Chapter 10.68, or activities regulated by Chapter 14.71.

(Ord. 579 § 2 (part), 2002)

It is unlawful for any person conducting, operating, owning or in control of any place of entertainment open to the public within the city to allow any entertainment upon the premises, or in or upon any adjoining room or premises under his or her control, unless there has been granted to such person a valid yearly entertainment license therefore, pursuant to the provisions of this chapter.

(Ord. 579 § 2 (part), 2002)

Application for an entertainment license shall be filed with the community development director on forms furnished by the director. At the time the application is approved, the applicant shall pay an annual fee as set by resolution. Notwithstanding the provisions contained in this chapter, the applicant shall, unless exempt there from, procure any and all other licenses and approvals required by this code.

(Ord. 579 § 2 (part), 2002)

No application shall be approved without the investigation and report of the sheriff's department and the Carpinteria-Summerland fire protection district. The above-named officials shall include in their reports all manner of information and required conditions deemed reasonably necessary to protect the public health, safety and welfare. The community development director shall make an investigation of the matters contained in the completed application form and the report of the sheriff's and fire departments, and issue the license, pursuant to this chapter should the community development director determine that issuance of such license is consistent with the provisions of this chapter and protects the public health, safety and welfare. In addition, no license shall be issued to an applicant who:

A. Is under the age of twenty-one years;

B. Has been found guilty by final judgment of a court of competent jurisdiction of a violation of the law involving any one of the following: a felony, a sex offense, soliciting for prostitution, and/or a narcotics offense.

(Ord. 579 § 2 (part), 2002)

All licenses shall be on forms furnished by the community development director and shall be issued for one year.

(Ord. 579 § 2 (part), 2002)

All licenses issued under this chapter will be issued to individuals only and no license may be assigned, transferred or loaned to any other person, entity or establishment.

(Ord. 579 § 2 (part), 2002)

The following minimum requirements shall apply for the operation of all places of live entertainment:

A. Lighting. Every establishment shall be lighted throughout to an intensity of not less than three foot candle power during all hours of operation except while the entertainment is conducted, provided however, that the immediate area on and around any performer shall be lighted by not less than one-half foot candle power at all times. Such light intensity shall be measured at no more than thirty inches from the floor.

B. Hours. No entertainment shall be permitted between the hours of one a.m. and nine a.m., except with the written consent of the community development director.

C. Intoxicated Persons. Licensee shall not permit any person in an intoxicated condition to enter or remain on the premises.

D. Telephones. The licensee shall provide at least one pay telephone or courtesy telephone in the building for use by patrons, and shall have at least one private telephone for use by the operators of the establishment.

E. Noise. The licensee shall not permit the noise level of the attendees or entertainment to reach a level that is offensive or disturbing to the surrounding neighborhood, residences, motels, hotels or other uses that may be in the area.

F. Manager. Every establishment shall have a manager on the premises at all times when entertainment is conducted.

G. Entrance and Exit. All entrances and exits shall be well illuminated, clearly marked and kept free of all obstructions at all times.

H. Inspection by Sheriff's or Fire Departments. The property owner and licensee shall permit any member of the sheriff's department or fire district, acting in his or her official capacity, to inspect the establishment during hours of operation.

I. Additional Requirements. Licensee shall comply with such other conditions, rules and regulations as the city or community development director may establish in addition to all other applicable provisions of this chapter.

(Ord. 579 § 2 (part), 2002)

Any officer of the sheriff's department shall have the power to terminate any live entertainment for disturbance of the peace, disorderly conduct, or for violation of any law or ordinance.

(Ord. 579 § 2 (part), 2002)

The community development director shall have the exclusive authority to issue licenses under this chapter and may refuse to issue such license, or may cancel, suspend or revoke any such license after such license has been issued, if he or she learns that the same was procured by fraud or false representation of facts or that the applicant or licensee failed to comply with the provisions and requirements of this chapter, or for any other reason which the community development director finds detrimental to the public health, safety or welfare.

(Ord. 579 § 2 (part), 2002)

If a license is revoked or denied, the applicant or licensee may apply to the city council by filing a notice of appeal with the city clerk within ten days of the community development director's decision to deny or revoke said application or license. The city council shall hear the appeal at its next available meeting. The applicant or licensee shall be allowed to present both oral and written testimony that is relevant to the appeal. The city council's decision on the appeal shall be final.

(Ord. 579 § 2 (part), 2002)