Coachella Municipal Code Ch. 5.24 Entertainment Establishments Where Alcohol Is Served

The city council finds and declares that business establishments which offer alcoholic beverages and entertainment affect the quality of life and the moral character of the community and produce detrimental impacts on the patrons and employees of such establishments and on the neighborhoods surrounding them. Such detrimental impacts include activities which endanger the physical safety of patrons, employees and neighbors, encourage disorderly conduct, generate excessive noise and traffic especially during opening and closing hours of operation. The licensing and regulation of such entertainment establishments by this chapter is intended to protect and promote the public aesthetics, health, morals, peace and safety and to defray the cost thereof.

(Prior code § 4-30)

Words not defined herein shall be given their common and ordinary meanings. The word "shall" is mandatory and the word "may" is permissive. For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein:

"City" means the city of Coachella and its territorial limits.

"Community organization" means any organization based in the city which does not operate for profit and which dedicates itself to the betterment of the residents of the city.

"Entertainment" means any artistic, athletic, dramatic, musical or theatrical activity, performance or presentation by any person and/or any animal designed to attract, amuse or entertain any person.

"Entertainment establishment" means any establishment within the city where alcoholic beverages are offered for consumption together with dancing by its patrons or entertainment for its patrons, whether separately or simultaneously, for profit or otherwise.

"Entity" means any corporation, joint venture, partnership, trust or any other business form as opposed to a natural person.

"Permittee" means any person to whom a permit to operate an entertainment establishment has been issued.

"Person" means any natural person.

"Strolling musician" means any person who plays a musical instrument or sings songs for hire by any patron or customer of a business establishment but who has no contract to perform and is not paid any consideration by the business establishment at which such musician performs.

(Prior code § 4-31)

A. No person or entity shall allow, establish, conduct, maintain or operate any entertainment establishment within the city without an entertainment permit pursuant to this chapter except a community organization as specified in subsection D in this section.

B. An entertainment permit shall only be issued to a person and shall not be transferable by the person to whom it is issued. Any such transfer shall automatically void the permit.

C. Any violation of this section by any person or entity shall constitute a misdemeanor.

D. The city manager may grant a limited permit to a community organization to conduct events wherein liquor is furnished together with entertainment and/or dancing, provided that a community organization shall not receive such a limited permit for more than two consecutive days nor more than six days within any calendar year. The city manager may condition the limited permit pursuant to Section 5.24.080.

E. No strolling musician as defined in Section 5.24.020 shall be required to obtain an entertainment permit for his or her performances within the city.

(Prior code § 4-32)

A. Any person seeking a permit to operate an entertainment establishment within the city shall prepare and submit a written application therefor to the city manager. Such application shall be submitted on the form prepared by the city manager pursuant to this chapter which shall request all of the following information:

1. The applicant's current name and any former name used within the prior ten (10) years;

2. The applicant's date of birth, place of birth, driver's license number and social security number;

3. The applicant's residential and business addresses for the prior ten (10) years;

4. The applicant's experience in the management or operation of any business including the identity and location of any entertainment establishment managed, operated or owned;

5. The location of the premises for which the applicant seeks a permit to conduct an entertainment establishment and the identity of the owner of such premises;

6. The type and number of the applicant's liquor license or the type of liquor license sought by the applicant and a copy of the application therefore;

7. The applicant's complete criminal history, if any, including the violation of any licensing statutes or ordinances for any business previously conducted by the applicant;

8. The applicant's photograph taken within ten (10) days of the application and the applicant's fingerprints;

9. A statement from applicant's physician verifying that applicant is free of any infectious, contagious or communicable disease and that the applicant is not abusing alcohol or any drug;

10. Any other information reasonably necessary to accomplish the purposes of this chapter and to evaluate the qualifications, credibility and moral character of the applicant;

11. The same information for any and all persons who will, or actually do, manage the entertainment establishment in the case that the applicant will, or does, not actually manage the entertainment establishment on a continuous basis. This section requires a permittee to submit such information to the city manager for each manager subsequent to the issuance of any permit as stated in this chapter;

12. The applicant shall show proof of completion of a course approved by the alcohol beverage control board on the laws and procedures pertaining to service of liquor.

B. The applicant shall verify the accuracy, completeness and truthfulness of the information submitted on the application under penalty of perjury.

C. The applicant shall deposit the sum of two hundred fifty dollars ($250.00) toward the investigation and processing of the application. The applicant shall reimburse the city for the actual costs of processing the application and conducting the investigation. The applicant shall pay such costs as a condition of submitting the application for an entertainment permit and no permit granted by the city council shall become valid unless and until such costs are paid by the permittee.

(Prior code § 4-33)

A. The city manager, or the city manager's designee, shall conduct an investigation of the applicant and submit a report thereon to the city council within sixty (60) days of the submission of an application for an entertainment permit unless the investigation cannot be completed within such period in which case the city manager shall notify the city council of the anticipated time for the completion of the investigation and the submission of the report. The report shall evaluate the following factors:

1. The accuracy, completeness and truthfulness of the information contained in the application;

2. The adequacy of the location and the building for the proposed entertainment establishment;

3. The applicant's history, if any, of violations of criminal or regulatory violations;

4. The applicant's prior business experience as it relates to the management or operation of any entertainment establishment, cabaret, nightclub or similar business;

5. The applicant's compliance with other applicable laws, ordinances and regulations; and

6. Recommend the imposition of reasonable conditions on the permit in furtherance of the purposes, regulations and requirements of this chapter.

B. Prior to submitting the report to the city council, the city manager shall determine the city's total actual costs to conduct the investigation and request applicant to pay any unpaid amount to the city. Likewise, the city shall refund any excess of applicant's deposit or other funds.

(Prior code § 4-34)

A. At the next regular meeting of the city council following submission of the city manager's report on an application for an entertainment permit, the city council shall convene a public hearing on the permit application. Any public hearing conducted under this code may be continued from time to time.

B. At any public hearing pursuant to this chapter, the city council shall hear the applicant, permittee, or any interested person. The mayor may preclude the introduction of any irrelevant evidence and may restrict any person's oral presentation to ten (10) minutes. However, the city council shall receive any person's written statement.

C. In the event that a member of the city council has obtained evidence outside of the hearing, such member shall recite such information into the record. Thereafter, the applicant or any interested person may rebut such information and shall be entitled to a continuance for that purpose. However, no person may examine a member of the city council.

D. Any action to grant an entertainment permit shall require a majority vote of the city council. In the absence of such a majority vote, an application for an entertainment permit shall be denied automatically. Any such vote shall be taken by a roll call of the members of the city council.

E. Notice of a public hearing on an application for an entertainment permit shall be given in the following ways:

1. Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to the applicant(s) or a duly authorized agent.

2. Notice of the hearing shall be mailed and delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the last equalized assessment roll within three hundred (300) feet of the proposed location of the entertainment establishment for which an entertainment permit is sought. In lieu of utilizing the assessment roll, the planning director may utilize records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice will be mailed or delivered pursuant to this paragraph is greater than one thousand (1,000), the planning director may provide notice by placing a display advertisement of at least one eighth page in at least one newspaper of general circulation within the city at least ten (10) days prior to the hearing. The cost of providing such notice shall be included in the costs reimbursable to the city by the applicant.

(Prior code § 4-35)

A. The city council may grant, conditionally grant or deny an entertainment permit to any person to conduct an entertainment establishment within the city. The city council shall deny an entertainment permit to any person if it makes any of the following findings:

1. Any of the information in the application is not accurate, complete and truthful.

2. The applicant has violated, or the proposed entertainment establishment would violate, any law, ordinance or regulation related to the applicant's fitness to manage or operate an entertainment establishment.

3. The applicant does not possess the requisite moral character to comply with the requirements of this chapter, or any reasonable conditions imposed on the permit, or other applicable laws, ordinances or regulations.

4. The applicant does not possess the requisite moral character to manage and operate an entertainment establishment within the city in accordance with the requirements of this chapter.

5. The applicant does not have sufficient financial resources, or experience, or experienced employees to manage or operate an entertainment establishment within the city in accordance with the requirements of this chapter.

B. The city council shall retain jurisdiction to review the permit's compliance with this chapter, and the conditions of the entertainment permit including but not limited to the right to add, delete or modify any condition of the entertainment permit based upon the circumstances in existence at the time of such proposed review. Each entertainment permit granted pursuant to this chapter is automatically conditioned by the review provisions of this section. No action shall be taken under this section unless the city council finds that such action is necessary to protect the public aesthetics, morals, health, peace, safety or welfare, or that such action is necessary to permit reasonable operation under the entertainment permit previously granted.

C. The city council or the city manager may institute a review hearing of any entertainment permit provided that a written statement containing the factual basis of the proposed modification has been prepared and delivered to the permittee together with notice of the time, date, and place of the review hearing at least twenty (20) days prior to the review hearing. The provisions of Section 5.24.060 shall apply except that any action to add, delete or modify any condition of an entertainment permit shall require a majority vote of the city council.

(Prior code § 4-36)

A. If the city council elects to grant an entertainment permit, it may impose any condition on the permit that reasonably furthers the purposes, regulations and requirements of this chapter or other applicable laws, ordinances and regulations including but not limited to the following:

1. The days and hours during which the entertainment establishment may operate;

2. The total number of persons including employees and entertainers who are allowed in the entertainment establishment during its operation;

3. The necessary traffic control measures including the number of parking spaces required for the entertainment establishment;

4. The necessary noise control measures required in the entertainment establishment;

5. The measures for the security or safety of the patrons, employees, neighbors and general public of the entertainment establishment including the number of security personnel which may be altered by the chief of police; and

6. The placement and utilization of hand-held metal detectors at each entrance to the entertainment establishment for the purpose of ascertaining and removal of weapons from each and every person entering the entertainment establishment to the satisfaction of the chief of police. Any existing permittee shall have until April 30, 1992 in which to comply with this requirement.

B. An entertainment permit shall be valid for an initial period of one year which shall automatically expire unless the permittee shall apply for a renewal pursuant to the procedures for an original permit. Upon an application for renewal, the city council may grant, conditionally grant or deny the renewal of the entertainment permit pursuant to this chapter. The city council may renew an entertainment permit for a period up to three years which shall automatically expire unless the permittee shall apply for a renewal pursuant to the procedures for an original permit.

C. Each and every entertainment permit issued by the city council shall be, and is, conditioned by the requirement to implement and maintain a system by which the permittee separately identifies each and every adult in the entertainment establishment so as to distinguish each adult from any and all minors within the entertainment establishment. At a minimum, such system of adult identification shall require the permittee to place a bracelet and a stamp with fluorescent ink on either hand of each adult in the entertainment establishment. In addition, the chief of police is hereby authorized to require other methods and procedures to be implemented and maintained by any permittee to assure compliance with the requirement that each adult remain separately identified from any minor in the entertainment establishment. Any existing permittee shall have until March 28, 1992 in which to comply with this requirement.

(Prior code § 4-37)

A. The following activities at or related to an entertainment establishment are unlawful and punishable as misdemeanors:

1. No person shall admit, allow to remain or harbor, in an entertainment establishment, any intoxicated person, any disorderly person as defined in Penal Code section 415, any person who interferes with the conduct, operation or use of an entertainment establishment or any person who violates any condition of any permit or any provision of this chapter.

2. No person shall falsely represent the age of the person or the age of any other person for the purpose of gaining entry to, or to remain, in an entertainment establishment nor for the purpose of gaining employment in an entertainment establishment.

3. No person shall compensate any employee of an entertainment establishment at a rate determined by a percentage of moneys received or sales made nor shall any person license any employee of an entertainment establishment to be so compensated.

4. No customer, guest or patron of an entertainment establishment shall enter an entertainment establishment with any container containing any alcoholic beverage nor shall any employee of an entertainment establishment knowingly permit any person to enter or remain in the entertainment establishment with any such container.

5. No employee or concessionaire of a permittee shall dance or drink, while on duty for the permittee, with any customer, guest or patron of any entertainment establishment.

6. No employee of an entertainment establishment may leave the entertainment establishment during any period of employment with any customer, guest or patron of the entertainment establishment.

7. The failure of any permittee to implement and maintain a system to separately identify all adults from all minors in the entertainment establishment as required by Section 5.24.080.

B. The following activities at or related to an entertainment establishment are provided and shall constitute the basis for suspension or revocation of an entertainment permit:

1. No person shall admit or allow to remain any entertainment at an entertainment establishment except for that hired by the person to whom a permit for such entertainment establishment has been issued.

2. No person shall allow, conduct, maintain or operate any entertainment establishment in violation of any city ordinance or any entertainment permit.

3. No entertainment establishments shall be open to the public between the hours of two a.m. and six a.m.

4. No dancing or entertainment shall be permitted prior to eight p.m. nor after one-thirty a.m.

5. No permittee shall fail to implement and maintain a system to separately identify all adults from all minors in the entertainment establishment as required by Section 5.24.080.

(Prior code § 4-38)

A. In the event that a permittee appears to have violated or failed to comply with any provision of this chapter or any condition of the entertainment permit, the city manager shall request a hearing before the city council to suspend or revoke the permittee's entertainment permit. The city manager shall submit a written report to the city council and the permittee containing information and proposed findings to support suspension or revocation of the permit.

B. The hearing shall be held within thirty (30) days after the date of filing the city manager's report. The city manager shall notify the permittee of the date and time of the hearing, at least fifteen (15) days prior to the hearing. At the hearing, the permittee may appear and produce any evidence on the subject. Likewise, any interested party may appear and introduce evidence on the subject.

C. If the city council finds that the permittee has violated, or failed to comply with, any provision of this chapter or any condition of the entertainment permit, the city council may suspend or revoke the entertainment permit. Within thirty (30) days following the conclusion of the hearing, the city council shall render its decision on the proposed suspension or revocation. The decision shall contain findings supporting its action on the entertainment permit.

D. The provisions of Section 5.24.060 of this chapter shall apply to suspension and revocation hearings except as otherwise provided in this chapter.

(Prior code § 4-39)