Cypress Municipal Code Art. II Live Entertainer Permits

(a) It shall be unlawful for any person to provide in, or upon, any premises within the city, live entertainment in exchange for anything of value without a live entertainer permit issued by the city pursuant to the provisions of this chapter.

(Ord. No. 973, § 17, 2-9-98)

(a) Any person desiring to obtain a live entertainer permit shall, prior to providing live entertainment, file a written, signed and acknowledged application, in duplicate, with the city clerk containing the following information:

(1) The full true name and any other names used by the applicant;

(2) The present address and telephone number of the applicant;

(3) The previous addresses of applicant, if any, for a period of five years immediately prior to the date of the application and the dates of residence for each address;

(4) Acceptable written proof that the applicant is at least 18 years of age. If the applicant is to be employed in a place of business where alcoholic beverages are to be sold or consumed, the applicant shall provide acceptable written proof that the applicant is at least 21 years of age;

(5) The applicant's height, weight, and color of eyes and hair and date and place of birth;

(6) Two photographs of the applicant at least two inches by two inches taken within the last six months;

(7) Business, occupation, or employment history of the applicant for the five years immediately preceding the date of application.

(8) Whether or not the applicant has had a live entertainment petit 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.

(9) Whether or not the applicant has, within the last five years, been convicted of: any criminal activity involving the brandishing or use of a firearm, knife, or other deadly weapon; any activity involving any crime chargeable as a felony which has resulted in bodily injury; 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.

(10) The applicant shall be required to furnish fingerprints.

(11) Such other identification and information as the city may require in order to discover the truth of the matters required to be set forth in this application.

(12) 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) As applicable to entertainment acts involving more than one person including, but not limited to musical bands and groups, multi person acts involved in a single performance such as magicians, and casts of plays, only one entertainer permit need be obtained for the band, group, act, or cast, providing that the application is filled out with correct information for every member of the band, group, act, or cast.

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

(Ord. No. 973, § 17, 2-9-98)

The requirements of section 9-6 of this Chapter 9 shall govern the submission and investigation of a live entertainer permit application, except that the chief of police shall have 10 days within which to complete his or her investigation as provided therein.

(Ord. No. 973, § 17, 2-9-98)

(a) Upon the expiration of the ten-day investigatory period provided in section 9-6 of this Chapter 9, the chief of police, 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. At the city council meeting, the city council shall examine the matter and approve the issuance of a live entertainment permit if a majority of the members present determine that all of the requirements of this chapter have been met and if such members find:

(1) The required fee has been paid; and

(2) The applicant conforms in all respects to section 9-16 of this Chapter 9; and

(3) The applicant has not knowingly made any false, misleading or fraudulent statements in the application; and

(4) The applicant has fully cooperated in the investigation of his or her application; and

(5) The applicant has not been convicted of: any criminal activity involving the brandishing or use of a firearm, knife, or other deadly weapon; any activity involving any crime chargeable as a felony which has resulted in bodily injury; 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; and

(6) The applicant is at least 18 years of age; or, if the applicant is to be employed in a place of business where alcoholic beverages are to be sold or consumed, the applicant is at least 21 years of age; and

(7) The applicant has not engaged in conduct which would constitute grounds for suspension or revocation under this chapter.

(b) In the event the Department of Justice summary criminal history information is not received within the ten-day investigation period, the chief of police shall issue a temporary live entertainer permit. A final decision granting or denying a permit shall be made after receipt of such summary criminal history information. If the permit is granted, the live entertainer permit shall remain valid for one year from the date of issuance unless revoked or suspended by the city pursuant to this Chapter 9; otherwise the temporary permit shall be null and void.

(Ord. No. 973, § 17, 2-9-98)

Live entertainer permits shall be renewed on an annual basis provided the permittee continues to meet the requirements as stated in this Chapter 9. The renewal fee for a live entertainer permit shall be set by resolution of the city council. The permittee shall submit an application for permit renewal on a form provided by the city which shall contain the same information as required under this chapter for the original application. A nonrefundable fee as established by resolution of the city council shall be paid to the city treasurer of the city to defray the cost of investigation and report required by this chapter.

(Ord. No. 973, § 17, 2-9-98)

The city may revoke the live entertainer permit as provided in section 9-9 and/or 9-10 of this Chapter 9 if a permittee has:

(1) Knowingly made any false, misleading or fraudulent statements in the applications; or

(2) Violated any provision of this Chapter 9, including without limitation any provision of section 9-8 applicable to the provision of entertainment.

(Ord. No. 973, § 17, 2-9-98)

No live entertainer permit may be sold, transferred, or assigned by a permittee, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void.

(Ord. No. 973, § 17, 2-9-98)

No permittee shall fail to exhibit upon demand to any city police officer any permit issued to such permittee pursuant to this Chapter 9 and evidence reasonably sufficient to identify such permittee.

(Ord. No. 973, § 17, 2-9-98)

Any person violating any section of this chapter shall be guilty of a misdemeanor.

(Ord. No. 973, § 17, 2-9-98)