Corona Municipal Code Ch. 5.06 Entertainment

For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section.

(A) "Entertainment" means any presentation or activity of any nature which is designed or intended to divert, amuse or attract the attention of persons observing such presentation or activity, including, but not limited to, any act, play, review, pantomime, scene, concert, dance act, song and dance act, musical performance, fashion or style performed by one or more persons, whether or not such person or persons are compensated for such performance.

(B) "Entertainment venue" means any place or building where entertainment is presented.

(C) "Nonprofit organization" means any lawfully organized nonprofit club, society, association or other organization organized or incorporated for benevolent, charitable, dramatic or literary purposes, which has an established membership and holds meetings at regular intervals for purposes other than entertainment.

(D) "Restaurant" means any place where food or other refreshments are served and which is open to the public, including, but not limited to, coffee shops, bars, cafes, nightclubs, beer parlors, dance clubs and coffee houses.

(`78 Code, § 5.06.010.) (Ord. 2420 § 2, 1999.)

No person shall provide or permit any type of entertainment in an entertainment venue or restaurant, unless such person has first obtained a permit to do so from the Chief of Police as provided in this chapter.

(`78 Code, § 5.06.020.) (Ord. 2420 § 2, 1999; Ord. 2347 § 1, 1998.)

The provisions of § 5.06.020 shall not require a permit for the following:

(A) For the use of a radio or music recording machine, karaoke machine or jukebox in any establishment;

(B) For any entertainment provided for members and their guests at a private club where admission is not open to the public;

(C) For entertainment conducted in connection with a regularly established recreation park, circus or fairground;

(D) For entertainment conducted by or on behalf of a nonprofit organization when the proceeds, if any, arising from such entertainment are used for the purposes of the nonprofit organization;

(E) For entertainment conducted in connection with any dance, where a valid dance permit is in full force and effect;

(F) For sexually oriented businesses which must instead comply with the provisions of Chapter 17.41 of this Code.

(G) For entertainment conducted by a café musician, as defined by California Government Code Section 37101.5, as such section may be amended from time to time. Notwithstanding the foregoing, an entertainment venue shall be required to obtain a permit whenever more than two (2) café musicians will perform at the same time.

(`78 Code, § 5.06.030.) (Ord. 3067 § 1, 2011; Ord. 2420 § 2, 1999.)

(A) (1) Applicants for entertainment permits shall file a written, signed and acknowledged application with the Chief of Police showing:

(a) The name and permanent address of the applicant;

(b) A detailed description of the entertainment, including type of entertainment, number of persons engaged in the entertainment, purpose of the entertainment and any further information about the entertainment as the Chief of Police may deem necessary;

(c) The date, hours and location where the entertainment is proposed and the admissions fee, if any, to be charged;

(d) The name or names of the person or persons having a financial interest in, or having the management or supervision of, the applicant’s business or the entertainment venue or restaurant where the entertainment will be conducted;

(e) The length of residence of the applicant and/or the applicant’s business within the city;

(f) A statement of the nature and character of the applicant’s business, if any, to be carried on in conjunction with such entertainment;

(g) Whether or not the person or persons having the management or supervision of the applicant’s business or the entertainment venue or restaurant where the entertainment will be conducted have been convicted of a crime, the nature of such offense and the sentence received therefor;

(h) Such other reasonable information as to the identity or character of the person or persons having the management or supervision of the applicant’s business or the entertainment venue or restaurant where the entertainment will be conducted as the Chief of Police may deem necessary.

(2) As part of the application process, the applicant, each individual having a financial interest in the business or the entertainment venue or restaurant where the entertainment will be conducted, and any person who will be directly engaged in the management or operation of the business or the entertainment venue or restaurant where the entertainment will be conducted, shall, at the applicant’s expense, be fingerprinted at the Police Department.

(B) Applicants applying for a renewed entertainment permit shall file their application no later than 30 calendar days prior to the expiration of their current permit.

(C) The Chief of Police may require a waiver of privilege, authorization for release of information and agreement holding harmless any persons providing information to the Police Department, and all employees and officers reporting on the matter to the Mayor and City Council, from the applicant and any persons named in the application as interested in the business or the entertainment venue or restaurant where the entertainment will be conducted. The Chief of Police may also require a release from liability or damage for the use of the information by city officials in connection with any public hearing conducted for the purpose of appealing a decision of the Chief of Police.

(D) The Chief of Police, upon receipt of a written application for a permit, shall conduct an appropriate investigation to determine whether the permit should be issued in accordance with the provisions of this chapter. Since the investigation will involve coordination with other local or state agencies, the Chief of Police shall have 15 business days from the date of receipt of a completed written application to complete the investigation and issue a decision to approve or deny a permit. The Chief of Police shall consider all factual material submitted relating to such application and shall issue an entertainment permit as required by this chapter only if:

(1) A completed written application form has been submitted;

(2) The required filing fees have been paid;

(3) All applicable provisions of this chapter with regard to such permit application, specifically including those contained in §§ 5.06.060 and 5.06.070, have been or will be met.

(`78 Code, § 5.06.040.) (Ord. 2420 § 2, 1999.)

A fee, which shall be established by resolution of the City Council, shall be paid upon filing of an application for a new or renewed entertainment permit for the purpose of defraying the expense incidental to the processing of the application.

(`78 Code, § 5.06.050.) (Ord. 2420 § 2, 1999.)

The Chief of Police shall issue or renew a permit for a period not to exceed 12 months based upon his or her investigation, only if the Chief of Police finds and determines that:

(A) The operation, as proposed by the applicant, if permitted, would comply with ail applicable federal, state and local laws, rules and regulations, including, but not limited to, the city’s building, fire, zoning and health requirements;

(B) The applicant, each person who has a financial interest in the business or the entertainment venue or restaurant where the entertainment will be conducted and each person who will be directly engaged in the management or operation of the business or the entertainment venue or restaurant where the entertainment will be conducted:

(1) Has not been convicted in a court of competent jurisdiction within the past five years of any of the following: fraudulent business practices, selling or trafficking in stolen goods, illegal drug activity, illegal gambling, prostitution, assault, battery, rape or other criminal sexual assault or lewd conduct. If the entertainment venue or restaurant where the entertainment will be conducted will be patronized by minors, the above listed persons shall also not have been convicted in a court of competent jurisdiction within the past five years of any of the following: child abuse, sexual misconduct with a minor or the illegal serving, providing or selling of alcoholic beverages to underage persons; and

(2) Is not required to register under Penal Code § 290 or Health & Safety Code § 11590; and

(3) The applicant has not knowingly made any false, misleading or fraudulent statement of fact in the permit application process or on any document required by the city in conjunction with the application; and

(C) The applicant, each individual having a financial interest in the business or the entertainment venue or restaurant where the entertainment will be conducted and any person who will be directly engaged in the management or operation of the business or the entertainment venue or restaurant where the entertainment will be conducted has not or is not operating the same or similar businesses, entertainment venues or restaurants with an entertainment permit which have had 12 or more citations issued to, or arrests made of, any of its employees, patrons or performers in any 12 month period for any of the following activities: disturbance of the peace, public drunkenness, drinking in public, public urination, selling or trafficking in stolen goods, theft, acts of vandalism, littering, graffiti, illegal drug activity, illegal gambling, prostitution, assault, battery, rape or other criminal sexual assault, lewd conduct, curfew violations, child abuse, sexual misconduct with a minor or the illegal serving, providing or selling of alcoholic beverages to underage persons.

(`78 Code, § 5.06.060.) (Ord. 2420 § 2, 1999.)

The Chief of Police shall impose the following conditions, prior to approval of an application, to ensure compliance with the provisions of this chapter and to protect the public health, safety and welfare:

(A) Interior illuminations. All entertainment venues or restaurants where entertainment is provided shall maintain an interior illumination for exit areas which meets the requirements of the Uniform Building Code and § 15.04.020 of this code. Currently, such requirement is not less than one foot candle at floor level. Further, a minimum of one foot candle at floor level shall apply to all interior areas of the entertainment venue or restaurant, including areas where entertainment is permitted.

(B) Disorderly conduct. No person in charge or assisting in the conduct of an entertainment venue or restaurant where entertainment is permitted shall permit any intoxicated, boisterous or disorderly person to enter; be in or remain in or around such entertainment venue or restaurant, including the parking or other areas within the reasonable control of the entertainment venue or restaurant, for any reason, including, but not limited to, assisting in the operation of the entertainment venue or restaurant, assisting or participating in the entertainment activity, or viewing the entertainment activity. No person in an intoxicated condition shall enter or remain in any entertainment venue or restaurant where entertainment is permitted, or conduct himself or herself in a boisterous or disorderly manner in an entertainment venue or restaurant where entertainment is permitted.

(C) Prohibitions on mosh pits, crowd surfing and stage diving. No person in charge or assisting in the conduct of an entertainment venue or restaurant where entertainment is permitted shall permit or allow any dance activities characterized by violent physical contact between and among patrons or performers, or activities where patrons or performers are suspended above the shoulders of a person for the purpose of maneuvering such patrons or performers from one person to another, or activities characterized by having patrons or performers diving or leaping into a crowd of persons. Such prohibited activities shall include, but shall not be limited to, activities which are commonly known as mosh or slam-dancing, crowd or body surfing or stage diving. Patrons or performers engaging in such prohibited activities shall be deemed to engage in disorderly conduct subject to the provisions of division (B) of this section.

(D) Nontransferability of license. Each permit issued is nontransferable, separate and distinct. No person shall exercise the privileges granted under this chapter except the person, firm, corporation, association or persons to whom the permit was issued, and the permit shall be used only at the specific place for which it was issued.

(E) Permit posting and availability. Each permit shall be posted in a conspicuous and publicly accessible place in or upon the premises for which it was issued and shall be shown to any city official upon demand.

(F) Financial interests and management. The permittee shall make available to the city, upon written request to do so, a list of the current names and addresses of all persons who are directly engaged in the management or operation of the entertainment venue or restaurant, all persons having a financial interest in the entertainment venue or restaurant and all employees or agents of the entertainment venue or restaurant. Once a permit is issued, the permittee shall, at the permittee's sole expense, cause each person thereafter acquiring a financial interest in the entertainment venue or restaurant and each person who becomes directly engaged in the management and operation of the entertainment venue or restaurant to be fingerprinted by the Police Department as required in § 5.06.040.

(`78 Code, § 5.06.070.) (Ord. 2870, § 2, 2006; Ord. 2420 § 2, 1999.)

(A) Denial. If the Chief of Police finds any facts prohibiting issuance or renewal of the permit as set forth in § 5.06.060, the Chief of Police shall not approve the permit application.

(B) Appeal. Any person aggrieved by a decision of the Chief of Police with reference to the issuance or denial of a permit may appeal the matter pursuant to § 5.06.100 below.

(`78 Code, § 5.06.080.) (Ord. 2883 § 4, 2007; Ord. 2420 § 2, 1999.)

(A) Whenever the Chief of Police finds that the permit is being exercised contrary to the applicable conditions of approval or contrary to the requirements of this chapter, the Chief of Police may seek to suspend or revoke the permit.

(B) After an investigation, the Chief of Police may suspend or revoke an existing permit, or modify the conditions attached to an existing permit, if he or she finds that:

(1) The operation or business has been cited and has had an applicable alcohol beverage license revoked by the California Department of Alcoholic Beverage Control for acts in violation of an alcohol license;

(2) An act has occurred with respect to the operation which, under the provisions of § 5.06.060, would be sufficient for denial of an application for a permit; or

(3) An act has occurred with respect to the operation which, under the provisions of § 5.06.070, would constitute a violation of the conditions of the permit.

(`78 Code, § 5.06.100.) (Ord. 2883 § 4, 2007; Ord. 2420 § 2, 1999.)

Any person aggrieved by a decision of the Chief of Police with reference to the issuance, renewal, denial, suspension or revocation of a permit may appeal pursuant to Chapter 1.09 of this Code.

(`78 Code, § 5.06.100.) (Ord. 2883 § 4, 2007; Ord. 2420 § 2, 1999.)

(A) As provided for in § 1.09.090, any person aggrieved by the final decision on appeal may obtain review of the decision by filing a with the court of competent jurisdiction over the matter, in accordance with the applicable provisions set forth in the California Government Code, Code of Civil Procedure, or other applicable law.

(B) In recognition of the issues described in §§ 1.09.050 and 1.09.060(c), if the hearing officer's decision has the effect of denying an initial or renewal application, and the aggrieved applicant or permittee commences legal action to determine the validity of the denial within the time required by law, then the city shall issue a temporary license. The temporary license shall remain in effect only until the court in which the action is pending renders a judicial decision on an application for temporary restraining order, a motion for preliminary injunction and the like as to the propriety of the denial or nonrenewal.

(C) In recognition of the issues described in §§ 1.09.050 and 1.09.060(c), if the hearing officer's decision has the effect of revoking or suspending a license, and the aggrieved applicant or permittee commences legal action to determine the validity of the revocation or suspension within the time required by law, such revocation or suspension of the license will be stayed pending a judicial decision on the propriety of the revocation or suspension, based upon an application for temporary restraining order, a motion for preliminary injunction or other form of judicial review.

(D) Any temporary license issued pursuant to this chapter shall not grant any vested rights on the holder of the temporary license. The applicant or permittee shall sign a disclosure and agreement form stipulating to the absence of any vested rights.

(E) In recognition of the issues described in § 1.09.050, within five court days after receipt of written notification from an aggrieved applicant or permittee that judicial review will be pursued, the city shall prepare, certify and make available the administrative record to the applicant or permittee.

(F) The city shall comply with all requirements for expedited judicial review contained in the applicable provisions set forth in the California Government Code, Code of Civil Procedure, or other applicable law.

(`78 Code, § 5.06.110.) (Ord. 2883 § 4, 2007; Ord. 2420 § 2, 1999.)

Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor. In addition to the penalties provided in this code, the entertainment permit previously issued shall be void and shall be revoked by the Chief of Police.

(`78 Code, § 5.06.120.) (Ord. 2347 § 4, 1998; Ord. 1809 § 26, 1986.)