Cypress Municipal Code Art. III Special Entertainment Permits

It shall be unlawful for any person to operate, conduct, or manage any public place where any form of live entertainment is provided for five or fewer days per year without being in possession of a valid special entertainment permit issued by the city. Live entertainment conducted for more than five days per year shall be subject to the requirements set forth in Article I of this chapter.

(Ord. No. 854, § 3, 8-27-90; Ord. No. 973, § 18, 2-9-98; Ord. No. 984, § 20, 1-11-99)

The provisions of this article shall not require a permit for those performances enumerated in section 9-3 of this Code.

(Ord. No. 854, § 3, 8-27-90; Ord. No. 973, § 18, 2-9-98)

The city council may by resolution establish an application filing fee for special entertainment permits, including the conditions in which waiver thereof may be made by the city manager/designee.

(Ord. No. 854, § 3, 8-27-90; Ord. No. 973, § 18, 2-9-98)

All applications for a special entertainment permit shall contain the information required for live entertainment permits enumerated in section 9-4 of this Code. The city manager/designee shall have the authority to waive any inapplicable provision of the application information in connection with the special entertainment permit.

(Ord. No. 854, § 3, 8-27-90; Ord. No. 973, § 18, 2-9-98)

(a) Referral of application. Upon receipt, the city clerk shall refer an application for a special entertainment permit to the chief of police.

(b) Determination of completeness. Within 10 business days following the receipt of an application pursuant to this section, the chief of police 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 yet 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 therefor, 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 chief of police 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 the personal service of such notice is provided.

(c) Investigation of permit. Upon determining that an application for a special entertainment permit is complete, the chief of police 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, § 3, 8-27-90; Ord. No. 973, § 18, 2-9-98; Ord. No 984, § 21, 1-11-99)

[1]

Editor's note: Ord. No. 984, § 22, adopted Jan. 11, 1999, repealed § 9-30 which pertained to hearing on application for live entertainment permit and derived from Ord. No. 854, § 3, adopted Aug. 27, 1990, and Ord. No. 973, § 18, adopted Feb. 9, 1998.

No later than the end of the investigation period referenced in section 9-29 above, the chief of police shall approve the application for a special entertainment permit and issue the permit he or she determines that the following locational and operational requirements are satisfied: section 9-8, subsections (c) through (i). If the aforementioned sections cannot be satisfied, the permit shall be denied.

(Ord. No. 854, § 3, 8-27-90; Ord. No. 973, § 18, 2-9-98; Ord. No. 984, § 23, 1-11-99)

Any special entertainment permit issued hereunder may be revoked in accordance with the provisions of section 9-9 of this chapter, except that all actions of the director of community development shall be undertaken by the chief of police.

(Ord. No. 854, § 3, 8-27-90; Ord. No. 973, § 18, 2-9-98; Ord. No. 984, § 24, 1-11-99)

[1]

Editor's note: Ord. No. 984, § 25, adopted Jan. 11, 1999, repealed § 9-33 which pertained to council to make rules for conducting special live entertainment and derived from Ord. No. 854, § 3, adopted Aug. 27, 1990, and Ord. No. 973, § 18, adopted Feb. 9, 1998.

(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 enjoinment 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 establishments and restrain and enjoin any person from operating, conducting, or maintaining such an establishment where entertainment is provided.

(Ord. No. 854, § 3, 8-27-90; Ord. No. 973, § 18, 2-9-98)

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

(Ord. No. 854, § 3, 8-27-90; Ord. No. 973, § 18, 2-9-98)

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, § 3, 8-27-90; Ord. No. 973, § 18, 2-9-98)