Cypress Municipal Code Art. I Live Entertainment Permits

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this Chapter 9.

"Amateur"

means any person who has never been an entertainer for financial benefit.

"Audience"

means one or more persons, present as listeners or viewers, but not as entertainers, during any live entertainment.

"Audition"

means any test of the quality of live entertainment not in the presence of a public audience.

"Live entertainment"

means any act, performance, exhibition, demonstration, concert, dialogue, pantomime, or display upon, or by, any person, or any sound, word, speech, song, or other utterance, or any dance, posture, act or other movement, or any music or other sound manually produced from an instrument or article, including the use of an electronic playback device by any announcer or "disc jockey" who, at the time, provides any form of vocal entertainment, including the announcing of song titles or artists' names, in the presence of any audience under the auspices of, or with the consent of the owner, lessor, lessee, or manager of a public place, which agreeably occupies the mind, or pleasantly attracts, diverts, or holds the attention, or is for the amusement of any person in such audience.

"Permit holder" and "permittee"

mean the person who has applied for a live entertainment or special entertainment permit which has been granted.

"Person"

means any individual, partnership, association, or corporation, including any firm, company, society, or league who files an application for a new or renewal live entertainment, or special entertainment permit as provided herein.

"Public place"

shall include any business or property regularly opened to the public and shall include, but not be limited to, stores, shops, restaurants, bars, night clubs, coffee shops, hotels, recreational (both passive and active) areas, horse racing tracks, and shall also include any private club. Public place shall also include events, concerts, and performances conducted out-of-doors done in conjunction with or as a promotion.

(Ord. No. 854, § 1, 8-27-90; Ord. No. 973, § 1, 2-9-98; Ord. No. 984, § 1, 1-11-99)

(a) Except as provided in section 9-3, it shall be unlawful for any person to operate, conduct, or manage any public place where any form of live entertainment is conducted for more than five days per calendar year without a valid live entertainment permit from the city. The city shall be the applicant for a live entertainment permit for all city owned property upon which there is to be conducted live entertainment for more than five days per calendar year. Live entertainment conducted for five or fewer calendar days per year shall be subject to the special entertainment permit requirements set forth in Article III of this Chapter 9.

(b) It shall be unlawful for any person to perform any entertainment in a public place without a valid entertainment permit when such person has knowledge of the lack of such permit; or who assists, permits, or counsels any person to violate any provisions of this chapter.

(Ord. No. 854, § 1, 8-27-90; Ord. No. 973, § 2, 2-9-98; Ord. No. 984, § 2, 1-11-99)

(a) The provisions of this chapter shall not apply to any of the following:

(1) Any live entertainment consisting solely of auditions;

(2) Any amateur who sings while in, and a part of, any audience;

(3) Anything emanating from a radio, record or CD player, juke box, or television receiver.

(Ord. No. 854, § 1, 8-27-90; Ord. No. 973, §§ 3, 4, 2-9-98; Ord. No. 984, §§ 3, 4, 1-11-99)

(a) Any person required by this chapter to have a live entertainment or a special entertainment permit shall, prior to providing any live entertainment on the property, file a written, signed, and acknowledged application in duplicate with the city clerk containing the following information:

(1) The full name and address of the applicant. If the applicant is a corporation, the names and addresses of its president, vice president, treasurer, secretary, chief financial officer, chief executive officer, or equivalents and those persons who will have day to day managerial control of the business. If the applicant is a partnership or association, the name of those partners or association members owning more than 30% of the business, as well as the names of all persons who will have day to day managerial control of the business.

(2) A detailed description of the live entertainment, including the type of entertainment; number of persons engaged in the entertainment; purpose of the entertainment; the estimated number of persons who would attend each event or performance; and the proximity of the live entertainment to the nearest residential uses on the north, south, east and west sides of the establishment.

(3) The admission fee, if any, to be charged.

(4) The names and business addresses and telephone numbers of the person or persons having the ownership, management, control, or supervision of the public place both during normal operating hours and during the hours which the proposed live entertainment is to be performed.

(5) The written consent of the property owner, evidenced by his/her signature on the application form.

(6) Type and nature of any vehicles, equipment, or other apparatus to be used in connection with the event.

(7) The number and amplifying range of any sound amplifying systems to be used in connection with the event.

(8) Type of goods, wares, merchandise, food or beverages to be sold or otherwise provided to persons at the event.

(9) Whether or not the persons referenced in subsections (a)(1) and (4) of this section have had an adult oriented business permit, massage establishment permit, live entertainment permit, or similar permit suspended, revoked, or cancelled anywhere within the last five years and the circumstances surrounding the same. Suspension or cancellation of liquor licenses shall be considered within the purposes of this section.

(10) Whether or not the persons referenced in subsections (a)(1) and (4) of this section have, within the last five years, been convicted of a felony or of any crime involving theft, embezzlement, or moral turpitude; have been convicted of violating any municipal or county ordinance relating to the conduct of live entertainment, including noise violations; or operated or conducted a place of business in a manner constituting a public nuisance.

(11) A professionally prepared floor plan drawn to one-quarter inch scale whose dimensions are no smaller than 24 inches by 36 inches showing the entire interior of the establishment including but not limited to the proposed plan for tables, seating, stages, dance floors, and all elements applicable to the presentation of live entertainment. The plan shall include notations establishing the maximum legal occupancy of the premises.

(12) The time period for which the permit is required and the time period during which the performances are to occur (i.e., live entertainment permit is desired for a year and the performances are to occur from 7:00 p.m. to 11:30.).

(13) A security plan for the control of pedestrian and vehicle traffic and prevention of unlawful conduct by employees and patrons, such as assaults, vandalism, littering, theft, sale or use of controlled or regulated substances, and consumption of alcohol by persons under the age of 21, within and surrounding the live entertainment venue. The plan shall include the requirements of subsection 9-8(e).

(14) A plan for control of noise affecting nearby premises, with special attention to prevention of noise nuisance to nearby residents or businesses.

(15) A statement under oath that the applicant has personal knowledge of the information contained in the application, that the information contained in the application is true and correct, and that the applicant has read and understands the provisions of Chapter 9.

(b) Whenever any change occurs relating to the written information required by section 9-4(a), the applicant or permit holder shall give notification in writing of such change to the city clerk within five days after such change or any hearing conducted pursuant to this chapter if such hearing is conducted before the above notification has been given.

(c) The submission of an application for a live or special entertainment permit does not authorize the performing of live entertainment until such permit has been granted as provided herein.

(Ord. No. 854, § 1, 8-27-90; Ord. No. 973, §§ 5—11, 2-9-98; Ord. No. 984, §§ 5—14, 1-11-99)

No application for a live entertainment permit shall be considered complete unless and until the application fee as set by resolution of the city council is paid.

(Ord. No. 854, § 1, 8-27-90)

(a) Submission of application. All applications for live entertainment permits shall be filed with the city clerk on the form provided by the city which shall then be forwarded to the city's chief of police and director of community development.

(b) Determination of completeness. Within 10 business days following the receipt of an application pursuant to this section, the director of community development or his or her designee shall determine whether the application contains all the information required by the provisions of this Chapter 9. If it is determined that the application is not complete, the applicant shall be notified in writing within five business days of the date such determination is made that the application is not complete and the reasons therefore, including any additional information necessary to render the application complete. The applicant shall have 30 calendar days to submit additional information to render the application complete. Failure to do so within the thirty-day period shall render the application void. Within five business days following the receipt of an amended application or supplemental information, the director of community development or his or her designee shall again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. The applicant shall be notified within five business days of the date the application is found to be complete. All notices required by this chapter shall be deemed given upon the date they are either deposited in the United States mail or the date upon which personal service of such notice is provided.

(c) Investigation of permit. Upon determining that an application for a live entertainment permit is complete, the director of community development or his or her designee shall, within 15 business days of receipt of the application, conduct an investigation of the information contained in the application to determine if the proposed live entertainment and the business in which it is to be offered is in compliance with the provisions of this chapter. Such investigation may include providing copies of the application to the director of public works/city engineering, the police chief, or other officials for their investigation and report thereon.

(Ord. No. 854, § 1, 8-27-90; Ord. No. 973, § 12, 2-9-98; Ord. No. 984, § 15, 1-11-99)

Upon the expiration of the fifteen-day investigatory period, the director of community development or his or her designee, shall submit his or her report and recommendation to the city clerk for presentation to the city council at the next city council meeting at which the matter could be properly agendized in accordance with the Ralph M. Brown Act and public hearing notice requirements. At the city council meeting, the city council shall conduct a public hearing, take the testimony of proponents and/or opponents, examine the matter, and approve the issuance of a live entertainment permit if a majority of the members present determines that all of the requirements of this chapter have been met, including, but not limited to, the requirements contained in section 9-8, and that the investigative report by the chief of police, the director of public works/city engineer, planning director and other officials fails to identify any of the items listed in section 9-4(9) and (10). If the above findings cannot be made, the application shall be denied. The decision of the city council shall be final. Any applicant whose permit has been denied pursuant to this chapter shall be afforded prompt judicial review of that decision as provided by law. Notwithstanding the provisions of Code of Civil Procedure Section 1094.6, or any other provision of law, in the event that a complete record of the proceedings is necessary for the judicial review of the decision, the city shall provide the record to the person seeking judicial review and the court within 14 days of receiving a request to do so.

(Ord. No. 854, § 1, 8-27-90; Ord. No. 973, § 13, 2-9-98; Ord. No. 984, § 16, 1-11-99)

(a) The land use and live entertainment contemplated is in compliance with the requirements of the zone in which the property is located.

(b) The proposed live entertainment shall not be held in any building, structure or other location within 300 feet of any approved residential property unless the live entertainment is conducted on city-owned property designated PS-1A—Public and semi-public zone. For the purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building, structure or other location in which the live entertainment will be provided to the nearest property line of the residential property.

(c) The operation of the proposed live entertainment will be carried on in a building, structure or location which meets and complies with all of the applicable federal, state, and city health, safety, zoning, building, and fire regulations and requirements.

(d) Noise from the live entertainment shall not exceed the city noise standards.

(e) At least one security guard shall be on duty outside the premises, patrolling the grounds and parking lot at all times live entertainment is offered. The security guard shall be charged with preventing violations of law and enforcing the provisions of this chapter. All security guards shall be uniformed so as to be readily identifiable as a security guard by the public. No person acting as a security guard shall act as a doorman, ticket taker or seller, flyer distributor, or similar functionary while acting as a security guard. In addition to the above, if at any time, there are in excess of 100 patrons at the establishment, at least one security guard shall be on duty inside the premises patrolling the interior. An additional security guard shall be added for every increase in 50 additional patrons. All security guards (both inside and outside patrolling security guards) shall be licensed pursuant to the Private Security Services Act, Business and Professions Code Section 7580 et seq.

(f) The entire exterior grounds, including the parking lots, shall be lighted to three foot candles, minimally maintained and evenly distributed, as measured at ground level to permit the security personnel to observe activity on the grounds and within automobiles.

(g) No exterior door or window of the premises shall be propped or kept open at any time while the business is providing live entertainment.

(h) There shall be no drinking of alcoholic beverages on any portion of the premises not licensed for the consumption of alcohol, including, but not limited to the parking lot of the establishment.

(i) There has not been created an excessive need for police services attributable to the establishment or that the police service calls are in response to activity involving the brandishing or use of a firearm, knife, or other deadly weapon at the establishment, or activity involving any crime chargeable as a felony which has resulted in bodily injury. For the purposes of this section, the phrase "excessive need for police services" shall mean that the establishment providing live entertainment has generated a need for police services which is greater than the police service needs of similar businesses which do not provide live entertainment, as measured by the number of police responses to the property.

(Ord. No. 854, § 1, 8-27-90; Ord. No. 973, § 14, 2-9-98; Ord. No. 984, § 17, 1-11-99; Ord. No. 1040, § 1, 3-10-03)

The city council may, after notice and hearing, as described below, revoke a live entertainment permit of any person, firm, partnership, corporation, or any other entity holding a live entertainment permit, upon a preponderance of the evidence presented at the hearing that any provision of this chapter has been violated. Prior to revocation, the director of community development or his or her designee shall provide the permittee with written notice of the proposed revocation by certified mail addressed to the street address of the business as shown on the live entertainment permit application. The notice of revocation shall specify grounds for the proposed revocation. The city council shall hold a revocation hearing as provided below.

(Ord. No. 854, § 1, 8-27-90; Ord. No. 973, § 15, 2-9-98; Ord. No. 984, § 18, 1-11-99)

(a) The city council shall hold a hearing on a proposed permit revocation pursuant to section 9-9 not later than 30 days of the issuance of the notice of revocation or direct the city manager to appoint a hearing officer who will hold a hearing on a proposed permit revocation pursuant to section 9-9 not later than 30 days of the notice of revocation. The director of community development, or his or her designee, shall provide the permittee with written notice of the date, time, and place of the hearing. The notice of hearing shall be sent by certified mail to the permittee at an address listed on the live entertainment permit application. This notice requirement shall be satisfied if the notice of revocation contains the date, time and place of the hearing. At the hearing, the director of community development, or his or her designee, shall present evidence and witnesses, as necessary, to establish the cause of the revocation of the permit. The permittee, at the hearing, may be represented by legal counsel, may present evidence and witnesses, and may cross-examine city witnesses. The director of community development, or his or her designee, shall be permitted to cross-examine any witnesses presented by the permittee.

(b) After a hearing held pursuant to subsection (a) above, the city council shall render its decision on the proposed revocation within 20 business days from the hearing date or, if heard by a hearing officer, the hearing officer shall render a written recommendation within 20 business days from the hearing date. A copy of the written recommendation shall be mailed by certified mail to the permittee at the address listed in the live entertainment permit application and delivered to the city clerk to be presented to the city council at the next regular meeting at which the matter can be agendized in compliance with the Ralph M. Brown Act. The record of the proceeding before the hearing officer shall also be made available to the city council. The city council shall either adopt, modify or reject the recommendation of the hearing officer. The city council's decision shall be mailed by certified mail to the permittee at the address listed in the live entertainment permit application. The decision of the city council shall be final and conclusive.

(Ord. No. 854, § 1, 8-27-90; Ord. No. 973, § 16, 2-9-98; Ord. No. 984, § 19, 1-11-99)

Whenever any person is convicted of a violation of any of the provisions of this chapter, or any permit thereunder, in addition to any other penalty imposed, the license which may have been granted pursuant to Chapter 15 to such person to conduct, maintain or carry on any business shall be rendered immediately void, and the city council shall deem the license to be revoked, and no new license shall be issued to such person to conduct a similar business for at least one year thereafter.

(Ord. No. 854, § 1, 8-27-90)

(a) It shall be the duty of members of the police department under the direction of the chief of police or the city's code enforcement officer under the direction of the planning director to enforce the provisions of this chapter, and to investigate any complaints made concerning the operation of any public place which has live entertainment pursuant to a permit. Such city officers shall also be authorized to conduct inspections on all public places as deemed necessary.

(b) Any business establishment providing live entertainment contrary to the provisions of this chapter shall also constitute a public nuisance and the city attorney may, in addition to or in lieu of any criminal action taken thereunder, commence an action or proceeding for abatement, removal, or enjoyment thereof in the manner provided by law and shall apply to such court as may have competent jurisdiction to grant such relief to abate or remove such establishment and restrain and enjoin any person from operating, conducting, or maintaining such an establishment where entertainment is provided.

(Ord. No. 854, § 1, 8-27-90)

Once a live entertainment permit is issued, it shall not be transferable.

(Ord. No. 854, § 1, 8-27-90)

It shall be unlawful and a misdemeanor, subject to punishment as set forth in section 1-7 of this Code, for any person, firm, group, association, or corporation to violate any provision of this chapter.

(Ord. No. 854, § 1, 8-27-90)