Covina Municipal Code Art. II Event Promoter

Unless exempted pursuant to CMC § 5.28.210, it is unlawful for any person to be an event promoter or to engage in event promotion activities in the city without first having obtained an event promoter permit from the chief of police.

(Ord. 15-2046 § 3, 2015)

An event promoter permit shall not be required for any person promoting entertainment that is otherwise exempt from an entertainment permit as provided in Article I of this chapter.

(Ord. 15-2046 § 3, 2015)

A. Every person wishing to be an event promoter or engage in the activities of an event promoter in the city shall file an application with the chief of police on forms approved by the chief of police at least 30 calendar days prior to the commencement of the engaging in such activities. Such application shall, at a minimum, set forth the following information:

1. The name(s), residence(s), business address, and telephone number(s) of the applicant(s), and, if the applicant(s) is/are a corporation, limited liability company, general or limited partnership, or any other fictitious entity, the name(s), residence(s), and telephone number(s) of:

a. All directors and officers of the corporation or limited liability company;

b. All persons who own or hold 10 percent or more of an ownership interest in the corporation or limited liability company;

c. All persons who are members or managers of the limited liability company;

d. All persons who are partners in the general partnership;

e. All persons who are general partners in the limited partnership;

2. A copy of a current and valid government issued driver's license or identification card for each person providing information pursuant to this section;

3. A copy of the applicant's current and valid Covina business license to engage in the activities of an event promoter;

4. The name and address of the venue(s) for which the applicant will be engaging in the activities of an event promoter;

5. A copy of the current and valid entertainment permit for the venue(s) for which the applicant will be engaging in the activities of an event promoter;

6. The name(s) of any person(s) who will be managing or supervising the event and/or venue for which the applicant will be serving as an event promoter;

7. Whether the applicant and/or any person for whom information is required to be provided pursuant to this section has ever had a permit for the same or any similar business denied, suspended, or revoked anywhere, and, if so, the circumstances, time and place of such denial, suspension, and/or revocation;

8. Whether the applicant and/or any person for whom information is required to be provided pursuant to this section has ever been convicted of a misdemeanor or felony and, if so, the details of such conviction;

9. The signature, under penalty of perjury, of the applicant and of all persons for whom information was required to be provided pursuant to this section;

10. Such other information as the chief of police deems necessary for the proper processing and review of the application, for fulfilling the goals of this chapter, and/or for the safeguarding of the public health, safety, and general welfare.

B. Each application submitted pursuant to this section shall be accompanied by a nonrefundable fee that shall be established (and modified from time to time) by resolution of the city council.

C. The applicant and all persons for whom information was required to be provided pursuant to this section shall submit a complete set of fingerprints to the chief of police in a manner and form approved by the chief of police. Any fees for the fingerprints shall be paid by the applicant.

(Ord. 15-2046 § 3, 2015)

A. Determination of Completeness. The chief of police shall, within 10 calendar days, review the submission of any application for an event promoter permit and supporting documents to determine if the application contains all of the requisite information set forth in CMC § 5.28.220. Any application that is missing information required pursuant to CMC § 5.28.220 or that is not accompanied by the requisite fee shall be deemed incomplete and shall not be processed by the chief of police. In such case, the chief of police shall issue a notice of incompleteness to the applicant specifying the information that is missing resulting in the incomplete application.

B. Investigation. Upon receipt of a complete event promoter permit application (and requisite fees), the chief of police shall conduct a thorough investigation of the application. The chief of police may request supplemental investigation, information, reports, and/or recommendations pertaining to relevant zoning, building, health, safety, fire, law enforcement, or other factors from any appropriate department of the city or other appropriate agency.

Among other things, the chief of police shall be required to check local and state summary criminal history information, including CLETS/NCIC, and to certify whether disqualifying criminal history has been discovered. Accordingly, pursuant to Penal Code Sections 11105 and 13300, the city council explicitly authorizes the chief of police to obtain such information as it relates to disqualifying convictions or conduct related to the crimes and offenses described in this chapter.

C. Approval. The chief of police shall, within 30 calendar days of submission of a completed application for an event promoter permit, approve the issuance of an event promoter permit, subject to the conditions set forth in subsection (E) of this section, unless he or she determines:

1. Other approvals, permits, licenses, or inspections are required in order for the applicant to engage in the activities of an event promoter as set forth in the application, including, but not limited to, an entertainment permit for the venue for which the applicant will be serving as an event promoter;

2. The applicant or any other person for whom information is required to be provided pursuant to CMC § 5.28.220 has, within the past seven years, been convicted of any felony or of any misdemeanor crime involving moral turpitude or which is substantially related to the qualifications, functions, or duties of a proprietor, manager, or other responsible person for an entertainment establishment;

3. The applicant or any other person for whom information is required to be provided pursuant to CMC § 5.28.220 has a history of committing, permitting, or failing to prevent significant violations of federal, state, or local law, or of any license or permit, in connection with an entertainment establishment for which he or she was an owner, operator, or otherwise responsible person;

4. Based upon the information before the chief of police, the applicant or any other person for whom information is required to be provided pursuant to CMC § 5.28.220 has knowingly provided false or misleading information, or has otherwise omitted information in the application or in any amendment or report required to be made under this chapter;

5. The applicant or any other person for whom information is required to be provided pursuant to CMC § 5.28.220 has had an event promoter permit denied or revoked within the 12 months preceding the current application;

6. The applicant or any other person for whom information is required to be provided pursuant to CMC § 5.28.220 owes the city of Covina a fee authorized by CMC § 5.28.220(B) or an administrative penalty resulting from a violation of any provision of this chapter or of a condition of any permit issued pursuant to this chapter; and/or

7. The application is otherwise incomplete.

D. Denial. In the event the chief of police does not approve an event promoter permit, the chief of police shall issue a written notice of denial to the applicant notifying the applicant of the denial and the reasons therefor within 30 calendar days of the submission of a completed application for an event promoter permit. The notice of denial shall also advise the applicant of the applicant's appeal rights (including method and timeline for requesting an appeal) as set forth in CMC § 5.28.270.

E. Conditions of Approval. Event promoter permits shall be subject to conditions in order to ensure compliance with this chapter, applicable federal, state, and local law, and otherwise to protect the public health, safety, and welfare.

1. The conditions imposed upon any entertainment permit, ABC license, conditional use permit, other special permit, or land-use entitlement applicable to the entertainment establishment for which the applicant shall be engaging in the services of an event promoter shall constitute conditions of the event promoter permit issued under authority of this chapter.

a. The chief of police may require an applicant for an event promoter permit to demonstrate compliance with applicable conditions of existing entertainment permit, ABC license, conditional use permit(s), other special permit(s), and/or land-use entitlement(s) prior to the issuance of the event promoter permit or may issue the permit conditioned on the applicant obtaining any other additional necessary special permit or other city, county, or state approval.

2. The operating regulations and conditions set forth in CMC § 5.28.310 shall constitute conditions of any event promoter permit issued pursuant to the provisions of this chapter.

3. The chief of police may, based upon specific and articulable facts reasonably related to ensuring the public health, safety, and welfare, impose conditions upon an event promoter permit relating to the operation of the entertainment establishment including, but not limited to:

a. The days, hours and locations of entertainment being provided;

b. Restrictions designed to prevent minors from obtaining alcoholic beverages, such as separate entrances, exits, and restroom facilities on the premises;

c. The number and age of persons allowed on the premises;

d. Whether licensed security guards are required, and, if so, how many;

e. Specific measures the permittee must undertake to control the conduct of patrons so as to prevent or minimize disorderly conduct within the entertainment establishment, parking areas, and adjacent public rights-of-way;

f. Specific measures the permittee must undertake to remove trash attributable to the establishment or its patrons in and around the entertainment establishment, the surrounding neighborhood, and the adjacent public rights-of-way;

g. Specific measures the permittee must undertake to prevent the entertainment and its patrons from disturbing the peace and quiet of the surrounding neighborhood;

h. Specific measures the permittee must undertake to prevent its patrons from engaging in disorderly conduct in the surrounding neighborhood;

i. Whether the chief of police must receive advance notice of the date of a particular event if that event is not held as part of the regularly scheduled events of the business; or

j. Other matters related to the public health, safety, and welfare.

4. Nothing in this section shall be construed to limit the authority of the chief of police to place additional conditions upon the event promoter permit that are more restrictive than the conditions of any applicable entertainment permit, conditional use permit, special permit, or land-use entitlement, or of any applicable operating regulation and condition.

5. No condition may be imposed upon any event promoter permit that conflicts with federal, state or local law.

6. Conditions shall be listed on, or attached to, the event promoter permit.

7. The imposition of any conditions other than those imposed by subsections (E)(1) and (2) of this section is subject to appeal in accordance with the time constraints and provisions set forth in CMC § 5.28.270.

(Ord. 15-2046 § 3, 2015)

A. Except as provided in subsection (B) of this section, event promoter permits issued pursuant to this chapter are valid for a period of one year from the date of issuance.

B. An event promoter permit issued for a special event is valid for the term stated in the permit, but in no event for a period greater than one year from the date of issuance.

(Ord. 15-2046 § 3, 2015)

No person shall assign or transfer any event promoter permit to any other person issued pursuant to this chapter, and any attempt to assign or transfer any event promoter permit issued pursuant to this chapter shall render the event promoter permit null and void and shall be immediately surrendered to the chief of police.

(Ord. 15-2046 § 3, 2015)

A. General. The chief of police may modify the conditions of an event promoter permit or may suspend or revoke any event promoter permit issued pursuant to this chapter if the chief of police makes any of the following findings and/or determinations:

1. There exists any ground for denial of the event promoter permit pursuant to CMC § 5.28.230;

2. The permittee or other responsible person has knowingly made any false, misleading, or fraudulent statement of material fact or has knowingly omitted a material fact in the application for the event promoter permit or any report or records required to be filed by law;

3. The permittee or other responsible person has failed to comply with one or more conditions of the event promoter permit, or any other entitlement granted by the city or other government agency (including any conditions of an entertainment permit or ABC license) issued for the venue for which the permittee is serving as an event promoter;

4. The permittee or other responsible person has violated or is violating any ordinance, law, rule, or regulation of the city, county of Los Angeles, state of California, or the United States of America, in the course of exercising any rights under the event promoter permit or the entertainment permit issued for the venue for which the permittee is serving as an event promoter;

5. The permittee or other responsible person has engaged in the activities of an event promoter in violation of any conditions of approval, notice of denial, order of suspension, or order of revocation issued pursuant to this chapter;

6. The permittee or other responsible person has been held liable for, or has been convicted of, any offense involving the maintenance of a nuisance resulting from any act performed in exercising any rights under the event promoter permit or the entertainment permit issued for the venue for which the permittee is serving as an event promoter; and/or

7. Continued activities under the event promoter permit (and any applicable conditions) would endanger, disrupt, or otherwise be detrimental to the public peace, health, safety, morals, or general welfare of the city, its residents or guests, and/or the general public, or would otherwise constitute a public nuisance.

B. Order of Modification, Suspension, and/or Revocation.

1. Where the chief of police has determined that the conditions of an event promoter permit shall be modified or that an event promoter permit shall be suspended or revoked, the chief of police shall provide written notice of his or her decision to the permittee in the same manner as that set forth for the modification, suspension, and/or revocation of an entertainment permit pursuant to CMC § 5.28.090.

2. The effective date of a modification, suspension, and/or revocation of an event promoter permit shall be the same as that set forth for the modification, suspension, and/or revocation of an entertainment permit pursuant to CMC § 5.28.090.

(Ord. 15-2046 § 3, 2015)

A. Request for Appeal. Any applicant for an event promoter permit that has received a notice of denial, any permittee that has received an event promoter permit subject to conditions of approval pursuant to CMC § 5.28.230, and any permittee that has received an order of modification, suspension, and/or revocation of an event promoter permit pursuant to the provisions of this chapter may appeal said notice or order by filing a request for an appeal with the city clerk, and tendering a filing and processing fee as set by resolution of the city council, within 10 calendar days of service of the notice, order, or conditions of approval. The procedures and timelines for an appeal shall be the same as those set forth for an appeal of a modification, suspension, and/or revocation of an entertainment permit pursuant to CMC § 5.28.100.

(Ord. 15-2046 § 3, 2015)

A. If an application for an event promoter permit is denied or revoked by the chief of police pursuant to the provisions of this chapter, no application for an event promoter permit submitted by the same applicant or any person for whom information was required to be provided for the denied or revoked event promoter permit pursuant to CMC § 5.28.220 shall be considered by the chief of police for a period of 12 months from the date of denial or revocation.

B. Exception. Notwithstanding the provisions of subsection (A) of this section, the chief of police may consider an application for an event promoter permit in less than the stated period if the application is accompanied by evidence that the ground or grounds for denial of the previous application no longer exist. This exception does not apply to permits that have been revoked.

(Ord. 15-2046 § 3, 2015)

Applications for a new event promoter permit for the same promoter providing services for the same location as authorized in a current and valid event promoter permit shall be submitted and processed in the same manner as set forth in CMC § 5.28.220 and 5.28.230.

(Ord. 15-2046 § 3, 2015)

A. No event promoter shall promote an event except pursuant to a written contract executed between the event promoter and the person hiring the event promoter which may include, but is not limited to, the owner, manager, lessee, or renter of the entertainment establishment or premises where the event is scheduled to occur.

B. The contract shall include, at a minimum, the following information:

1. The complete name, address, telephone number, and date of birth for the event promoter;

2. A photocopy of the event promoter's government issued driver's license or identification card;

3. The event promoter's event promoter permit number and Covina business license number;

4. A photocopy, or other legible reproduction, of the event promoter's event promoter permit and Covina business license;

5. The address and name (if applicable) of the entertainment establishment where the entertainment will occur;

6. The number of the entertainment permit, ABC license, and any other license or permit required for the event;

7. A photocopy, or other legible reproduction, of the entertainment permit, ABC license, and any other license or permit required for the event;

8. The legally authorized maximum occupancy limit of the event site, including each room, floor, or other area where the event is scheduled to occur;

9. A telephone number for the event promoter at which the event promoter will respond for the duration of the event and for two hours before and after such time as the event is scheduled to occur;

10. The time(s), date(s), and length of the event(s);

11. A list naming all entertainers and performers who are scheduled to perform during the event;

12. A general description of the methods that will be used for the promotion, marketing, and advertising of the event;

13. The complete name of each employee, agent, or other representative of the event promoter that will be present at the event and the general description of their respective duties;

14. Language prohibiting the placement of signs in the city of Covina without all requisite city approvals, permits, and inspection, or within the public right-of-way.

C. A copy of the contract required by this section shall be kept and maintained at the entertainment establishment for the duration of the event (as well as for two hours before and after such time as the event is scheduled to occur), and shall be made available by the event promoter and any responsible person for inspection and copying upon request of the chief of police or any city official responsible for enforcing the provisions of this code.

D. If the parties to the contract make any changes to the terms or provisions thereof between the time the contract is executed and the time when the event occurs, those changes shall be reflected in an amended contract which shall comply with the requirements set forth in subsections (A) through (C) of this section.

(Ord. 15-2046 § 3, 2015)

All event promoters shall strictly adhere to the following operating regulations and conditions. Event promoters shall be jointly responsible for any violations of these operating regulations and conditions, which shall not relieve any other responsible person of any obligations set forth in this chapter.

A. Event promoters shall comply with the following:

1. Conditions of any applicable event promoter permit, entertainment permit (including approved security plan), conditional use permit, or other special permit or land-use entitlement;

2. All applicable federal, state, county, and city laws, ordinances, rules, and/or regulations.

B. Recordkeeping. Each event promoter shall maintain on file, for a period of not less than two years from the later of the last day of operation of the specific event being promoted or the contract's expiration date, complete and accurate records of all business activities related to events for which the event promoter has performed any services or activities that are subject to the provisions of this chapter. Such records shall include, but shall not be limited to, the following:

1. All contracts required by this chapter, as well as any contracts with performers.

a. Contracts with performers shall contain, at a minimum, the true name of the performer along with any fictitious/stage name under which the performer is being promoted; and

2. Records of advance ticket sales, tickets sold at events, other admission or entrance fees or donations, or any other fees, charges, or donations collected at such events.

The records required by this section shall be made available for inspection by the chief of police or any city official responsible for enforcing the provisions of this code. Clear and legible copies of such records shall be provided within 72 hours of any request by the chief of police or any city official responsible for enforcing the provisions of this code.

C. On-Site Presence During Event. The event promoter or agent thereof (at least 21 years of age or older) shall be on site for the entire duration of the event he or she is promoting, as well as for one hour before the event is scheduled to occur and 30 minutes after the conclusion of the event (unless the business establishment closes prior thereto).

D. Advertising. Event promoters shall ensure that all promotional materials, including, but not limited to, handbills, dodgers, circulars, booklets, cards, pamphlets, sheets, other written or printed notices, and/or any sample products, any of which advertise the event being promoted, contain plainly printed or stamped on the first page thereof, or on the front thereof, in a space free of other matter, the number of the applicable event promoter permit.

E. Cooperate fully with the chief of police or any city official responsible for enforcing the provisions of this code with any inquiry, inspection, reasonable request, or investigation necessary or appropriate to implement the requirement of this code or to enforce any other federal, state, county, or city law.

F. Immediately report to the Covina police department and, if necessary, emergency medical services at 911 any conditions which the event promoter (or his or her designated representative) knows, or reasonably should know, exist at the event and could result or could have resulted in harm or an immediate threat of harm to the health, safety, and general welfare of the spectators of the event or any member of the public.

(Ord. 15-2046 § 3, 2015)