Chapter 5.12 — AMUSEMENTS

For the purpose of this chapter, the words and phrases defined in the following paragraphs shall be deemed and construed to have the meaning respectively subscribed to them, unless it is clear from the context that a different meaning is intended:

(1)

"Amusement" or "entertainment" means every form of live performance, exhibition, show or act, including, but not limited to, every playing of a musical instrument, singing, dancing, performing a pantomime or acting a role in a play, sketch, scene, reciting any prose or poetry, exhibiting or modeling any clothing, wearing apparel or costumes, done or performed by or participated in by one or more persons for the purpose of gaining or holding the attention and interest of guests, patrons or invitees, or for the purpose of

diverting or amusing guests, patrons or invitees assembled in or upon any business or commercial establishment or premises, and shall specifically include the appearance of any person, employee or otherwise, in the premises in any costume or state of dress or undress and in any conduct or activity, if the costume, dress, undress, conduct or activity is referred to, directly or indirectly, in any sign, poster, or other advertisement relating to the premises.

(2)

"Business" or "commercial establishment" means any place of business where goods, wares, merchandise or services are advertised, demonstrated, displayed or sold, or where amusements or entertainments are conducted or performed for a charge or admission fee.

(Ord. 465 §2(part), 1992; Ord. 176 §1, 1971; Ord. 117 §2(part), 1967: prior code §6300).

No person owning, operating, managing or conducting a business or commercial establishment shall provide or permit any amusement or entertainment in or upon any such business or commercial establishment where food or beverages are sold or served for consumption on the premises, except in strict accordance with a permit to do so, issued by the city administrator and in full force and effect. Every permit shall expire one year from the date of issuance.

(Ord. 177 §2(part), 1967: prior code §6301).

Any person seeking a permit to maintain, conduct or permit amusement or entertainment as required by this chapter shall make application therefor to the city administrator. The application shall be filed at least thirty days prior to the proposed date of first conducting, maintaining or permitting the amusement or entertainment. The application shall be verified and shall set forth the following:

(1)

The name and address of the applicant;

(2)

The name and address of the owner of the premises where the entertainment or amusement is to be conducted;

(3)

If the proposed permittee is a corporation, the names and addresses of the principal corporate officers and the state of incorporation;

(4)

A description of the type or nature of the business or commercial enterprise conducted at or upon the premises;

(5)

A statement of what foods and alcoholic beverages are sold or distributed on the premises;

(6)

The days and hours during which the public amusement or entertainment is to be conducted;

(7)

A statement as to whether the conduct or performance of the amusement or entertainment is to be restricted to a stage, platform or other fixed location upon the premises, together with an accompanying sketch of the premises clearly designating the entertainment or amusement area;

(8)

A statement of the type of entertainment or amusement proposed to be conducted and the number of performers or entertainers to be engaged in such activity;

(9)

A statement as to whether any entertainers or performers are to be employed by the applicant in any other capacity in or upon the premises, with full details and identifications;

(10)

A statement as to whether minors will be permitted upon the premises during the entertainment;

(11)

Such other data as the city administrator may reasonably require in the interests of public health, safety or welfare;

(12)

A statement certifying, on penalty of perjury, the correctness of the information given on the application and agreeing on behalf of the proposed permittee that there shall be full compliance of the permittee with all state and city laws in the conduct of the activities for which a permit may be granted.

(Ord. 465 §2(part), 1992; Ord. 117 §2(part), 1967: prior code §6302).

The application shall be accompanied by a nonreturnable application fee in the sum of ten dollars. In the event of issuance of a permit, there shall be paid an additional fee, as follows:

(1)

All other amusements in connection with a commercial enterprise $100.00

(2)

All other amusements, not in connec- tion with a commercial enterprise 10.00

The fee for issuance of an amusement permit shall not be subject to credit for any business license or other tax or fee paid to the city.

(Ord. 465 §2(part), 1992; Ord. 117 §2(part), 1967: prior code §6303).

No permit shall be issued by the city administrator except upon a reasonable finding and determination by the city administrator that the applicant and his employees having the management and supervision of applicant's business and the business itself will meet the standards set forth in Section 5.12.060. Each permit issued shall be subject to the requirements and conditions imposed by this chapter unless expressly waived by the city administrator or the city council. A permit issued hereunder shall be issued for a term of one year, unless the application seeks a shorter term.

(Ord. 138 §1, 1968: Ord. 117 §2(part), 1967: prior code §6304).

An entertainment license shall be granted or denied as provided in Section 5.06.030 of this code.

(Ord. 176 §2, 1971: Ord. 138 §2, 1968: Ord. 117 §2(part), 1967: prior code §6305).

No entertainment or amusement shall be provided or permitted in any business or commercial establishment unless all entrances and exits are clearly revealed and designated and remain unlocked for unrestricted ingress and egress while guests, patrons or invitees are in the establishment.

(Ord. 117 §2(part), 1967: prior code §6306).

Any permit fee imposed hereby shall constitute a debt owing to the city and shall be due and payable immediately upon the first occurrence of the amusement or entertainment. It shall be collectible forthwith, with penalties for late payment at the rate of five dollars per day (not to exceed two hundred fifty dollars) until paid.

(Ord. 117 §2(part), 1967: prior code §6307).

No entertainment other than mechanical music of any sort may be conducted in an establishment licensed pursuant to this chapter between the hours of two a.m. and six a.m., except by a special permit for one day only issued by the city administrator.

(Ord. 117 §2(part), 1967: prior code §§6308 and 4241 (part)).

Any person who desires to carry on or conduct an amusement or entertainment for one night only, during the hours prohibited by the foregoing section, may apply in writing to the sheriff for permission so to do. The sheriff may grant the permission to the applicant when, in his discretion, the conduct of the amusement or entertainment at such time shall not be detrimental to the public health, safety, morals or welfare. The sheriff shall either grant or deny the application within three days after the application has been presented to him. If he does not grant the same within such period, the application shall be deemed to have been denied.

(Prior code §4241 (1)).

Any person who desires to carry on or conduct any amusement or entertainment, during the hours prohibited by the foregoing sections and for a longer period than one night, shall file a written application therefor with the city clerk for presentation to the city council. The application shall contain a detailed statement of the type of amusement or entertainment which the applicant desires to carry on or conduct and a statement of the reasons which, in his opinion, warrant the granting of the same. The application shall be filed with the city clerk at least five days prior to the date upon which the applicant desires the granting of such permission and five days prior to the meeting of the city council next succeeding the filing of the application. Thereupon the city clerk shall refer the application to the sheriff for investigation and his recommendation thereon. The city council may grant permission to the applicant when, in its discretion, the nightly conduct of the amusement or entertainment will not be detrimental to the public health, safety, morals or welfare.

(Prior code §4241(2)).

No establishment licensed pursuant to this chapter may allow the premises to be used for the purpose of conducting a private club between the hours of two a.m. and six a.m.

(Ord. 117 §2(part), 1967: prior code §6309).

It is unlawful for any person who is intoxicated or under the influence of any drug to appear in or be in any establishment licensed pursuant to this chapter. A person who conducts or assists in conducting any such establishment shall not permit any intoxicated person or person who is under the influence of any drug to appear, be or remain at such place.

(Ord. 117 §2(part), 1967: prior code §6311).

There shall be no entertainment of any kind where an entertainment license is required which is visible at any time from the street, sidewalk or highway.

(Ord. 117 §2(part), 1967: prior code §6312).

No entertainment may be conducted in establishments where a license is required where employees solicit or accept drinks of alcoholic beverages from customers.

(Ord. 117 §2(part), 1967: prior code §6313).

No entertainment may be conducted in any establishment where a license is required at which solicitation of trade is made at or near the entrance, either by personal solicitation or otherwise, by means of any device whereby the voice of the person soliciting can be heard at or near the entrance.

(Ord. 117 §2(part), 1967: prior code §6314).

No entertainment may be conducted where an entertainment license is required in which any person participating directly or indirectly sings or speaks any obscene or indecent words, or performs any lewd or indecent acts.

(Ord. 176 §4, 1971).

Every establishment licensed pursuant to this chapter shall be lighted throughout to an intensity of not less than three footcandles during all hours of operation except while the floor show is in progress.

(Ord. 117 §2(part), 1967: prior code §6315).

Every person operating an establishment licensed pursuant to this chapter who owns, operates or controls any parking lot adjacent to the establishment and used in connection therewith shall adequately and uniformly light the parking lot to an intensity of not less than two footcandles.

(Ord. 117 §2(part), 1967: prior code §6316).

At every establishment licensed pursuant to this chapter having a capacity of not less than two hundred persons, not less than one employee for the first two hundred persons, and one additional employee for each additional one hundred persons who could be accommodated, whether actually present or not, shall be constantly in attendance during the entire time that any entertainment is in progress, and shall devote their entire time and attention to the keeping of order, the checking of the admission of minors, and seeing to it that all provisions of this chapter are complied with. The city administrator may require such additional employees or guards on an individual basis as he deems in the public interest.

(Ord. 117 §2(part), 1967: prior code §6317).

At every establishment licensed pursuant to this chapter having a capacity of not less than three hundred persons, not less than one of the employees referred to in Section 5.12.200 shall be a woman.

(Ord. 117 §2(part), 1967: prior code §6318).

No professional entertainer or employee may dance, unnecessarily converse or associate with any customer during any entertainment period, and not at all except in the formal manner, 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. A copy of the advertisement shall be received by the city administrator twenty- four hours prior to the conducting of the audience participation entertainment.

(Ord. 117 §2(part), 1967: prior code §6319).

The deputy sheriffs of the county of Los Angeles, in addition to their several other duties, shall inspect any and all establishments licensed pursuant to this chapter.

(Ord. 117 §2(part), 1967: prior code §6320).

The sheriff and the city administrator, and/or their respective deputies, shall be permitted by every licensee to enter, free of charge, any establishment licensed pursuant to this chapter for the purpose of inspection.

(Ord. 117 §2(part), 1967: prior code §6321).

No sign or signs which, in whole or in part, depict the human form or any portion or portions thereof, whether clothed or unclothed, shall be maintained, erected, used or placed upon or adjacent to the outside of any building or in connection with any premises therein licensed pursuant to this chapter.

(Ord. 117 §2(part), 1967: prior code §6323).

No person or persons licensed pursuant to this chapter or required to be licensed under this chapter shall show, project or permit to be shown or projected in any establishment licensed pursuant to this chapter or required to be so licensed, any motion picture, still picture, or slide, the main subject of which is the depiction of the human body, or any portion thereof, whether clothed or unclothed, unless and until the license of the establishment is specifically endorsed by the city administrator to permit such showing.

(Ord. 117 §2(part), 1967: prior code §6332).

An entertainment license shall be revoked, suspended or modified as provided in Section 5.06.040 of this code.

(Ord. 176 §3, 1971: Ord. 138 §3, 1968: Ord. 117 §2(part), 1967: prior code §6333).

An appeal may be made to the city council from any decision or determination of the city administrator pursuant to this chapter. The appeal shall be in writing and shall specify the decision from which the appeal is taken and the grounds of the appeal. The city council shall conduct a public hearing on the appeal. Not less than ten days before the date of the hearing, the city administrator shall cause to be posted a notice of the hearing in a conspicuous place on the property in which or on which the proposed entertainment is to be conducted. The notice shall set forth the specific type of entertainment which the applicant intends to conduct, as well as the type of entertainment license fee for which the applicant is applying.

At the public hearing, the applicant shall be entitled to be present, to be represented by an attorney, and to present witnesses and testimony in behalf of his application. The decision of the city council following the hearing shall be final.

(Ord. 117 §2(part), 1967: prior code §6334).

Every permit and the current renewal thereof shall be posted in a conspicuous place on the premises where the entertainment or amusement for which the permit is issued is conducted and shall remain so posted during all of the time the entertainment or amusement is taking place.

(Ord. 117 §2(part), 1967: prior code §6335).

Any person owning, operating or managing a business or commercial establishment who provides or permits or encourages any amusement or entertainment in or upon such business or commercial establishment without a valid permit issued pursuant to this chapter, or who shall knowingly make any materially false statement on or in connection with any application for a permit required by this chapter, is guilty of a misdemeanor and punishable as provided in Section 1.12.010.

(Ord. 117 §2(part), 1967: prior code §6336).