Duarte Municipal Code Ch. 5.82 Amusement and Entertainment

For the purpose of this chapter, the words and phrases defined in the following paragraphs shall be deemed and construed to have the meaning respectively subscribed to them, unless it is clear from the context that a different meaning is intended:

AMUSEMENT OR ENTERTAINMENT. "Amusement" or "entertainment" each means every form of live performance, exhibition, show or act, including, but not limited to, every playing of a musical instrument, singing, dancing, performing a pantomine, or acting a role in a play, sketch, scene, reciting of any prose or poetry, exhibiting or modeling any clothing, wearing apparel or costumes, done or performed by or participated in by one or more persons for the purpose of gaining or holding the attention and interest of guests, patrons or invitees, or for the purpose of diverting or amusing guests, patrons or invitees assembled in or upon any business or commercial establishment or premises, and shall specifically include the appearance of any person, employee or otherwise, in such premises in any costume or state of dress or undress and in any conduct or activity, if such costume, dress, undress, conduct or activity is referred to, directly or indirectly, in any sign, poster or other advertisement relating to such premises.

BURLESQUE. "Burlesque" means and includes that act of any female, while visible to any customer, exposing any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breasts are below such straight line, or the wearing of any type of clothing so that such may be observed.

BUSINESS OR COMMERCIAL ESTABLISH-MENT. "Business" or "commercial establishment" means any place of business where goods, wares, merchandise or services are advertised, demonstrated, displayed or sold, or where amusements or entertainments are conducted or performed for a charge or admission fee.

(Ord. 194 § 1 (part), 1967)

No person owning, operating, managing or conducting a business or commercial establishment shall provide or permit any amusement or entertainment in or upon any such business or commercial establishment where food or beverages are sold or served for consumption on the premises, except in strict accordance with a permit to do so, issued by the city administrator and in full force and effect. Every permit shall expire one year from the date of issuance.

(Ord. 194 § 1 (part), 1967)

Any person seeking a permit to maintain, conduct or permit amusement or entertainment as required by this chapter shall make application therefor to the city administrator. Such application shall be filed at least ten days prior to the proposed date of first conducting, maintaining or permitting such amusement or entertainment. The application shall be verified and shall set forth the following:

(a) The name and address of the applicant;

(b) The name and address of the owner of the premises where such entertainment or amusement is to be conducted;

(c) If the proposed permittee is a corporation, the names and addresses of the principal corporate officers and the state of incorporation;

(d) A description of the type or nature of the business or commercial enterprise conducted at or upon the premises;

(e) A statement of what foods and alcoholic beverages are sold or distributed on the premises;

(f) The days and hours during which such public amusement or entertainment is to be conducted;

(g) A statement as to whether the conduct or performance of such amusement or entertainment is to be restricted to a stage, platform or other fixed location upon the premises, together with an accompanying sketch of the premises clearly designating the entertainment or amusement area;

(h) A statement of the type of entertainment or amusement proposed to be conducted, the number of performers or entertainers to be engaged in such activity;

(i) A statement as to whether any such entertainers or performers are to be employed by the applicant in any other capacity in or upon the premises, with full details and identifications;

(j) A description of the clothing or costuming to be worn, particularly specifying in detail the costuming of any nude, semi-nude or revealingly dressed performer;

(k) A statement as to whether minors will be permitted upon the premises during such entertainment;

(l) Such other data as the city administrator may reasonably require in the interests of the public health, safety or welfare;

(m) A statement certifying, on penalty of perjury, the correctness of the information given on the application and agreeing on behalf of the proposed permittee that there shall be full compliance of the permittee with all state and city laws in the conduct of the activities for which a permit may be granted.

(Ord. 194 § 1 (part), 1967)

The application shall be accompanied by a nonrefundable application fee. In the event of issuance of a permit, there shall be an additional fee. The amount of both fees shall be established by resolution of the city council.

(Ord. 781 § 1 (part), 2006)

No permit shall be issued by the city administrator except upon a reasonable finding and determination by the city administrator that the applicant and his employees having the management and supervision of applicant's business are of good and moral character and reputation, and that the proposed amusement or entertainment operation under the permit will comport with the peace, health, safety, convenience, morals and general welfare of the public. Each permit issued shall be subject to the requirements and conditions imposed by this chapter unless expressly waived by the city administrator or the city council. A permit issued hereunder shall be issued for a term of one year, unless the application seeks a shorter term.

(Ord. 194 § 1 (part), 1967)

In granting or denying a permit under this section, the city administrator shall consider the following factors in determining whether any conditions are to be imposed, modified, or waived in respect to the granting of the permit, and in determining that said permit should be denied in the interests of protecting the public peace, health, safety, morals or general welfare:

(a) The proximity of the proposed operation to residential areas, schools, churches, parks and public buildings;

(b) Conformance of the buildings or structures on the commercial establishment with the standards of the city building code relating to public assemblage;

(c) The moral character of the applicant, the proprietor of the business or commercial establishment, and of the managing employees of either of them;

(d) Noise, traffic and other factors interfering, or which might interfere, with the quiet and peaceful enjoyment of the surrounding neighborhood;

(e) Increased law enforcement, if any, necessitated or which might probably be necessitated by the activity for which the permit is requested;

(f) Any additional circumstances or conditions which might probably be created by the type of entertainment or amusement proposed to be provided under the permit which would conflict with or endanger the public health, safety, morals or general welfare;

(g) Cooperation of the applicant or his predecessors with police or the city in maintaining the public peace, and in procuring compliance with lawful city or state laws, ordinances, rules and regulations, including permit requirements and terms.

(Ord. 194 § 1 (part), 1967)

No entertainment or amusement shall be provided or permitted in any business or commercial establishment unless all entrances and exits are clearly revealed and designated and remain unlocked for unrestricted ingress and egress while guests, patrons or invitees are in the establishment.

(Ord. 194 § 1 (part), 1967)

Any permit fee imposed hereby shall constitute a debt owing to the city and shall be due and payable immediately upon the first occurrence of such amusement or entertainment, and shall be collectible forthwith, with penalties for late payment at the rate of five dollars per day (not to exceed two hundred fifty dollars) until paid.

(Ord. 194 § 1 (part), 1967)

No entertainment other than mechanical music of any sort may be conducted in an establishment licensed pursuant to this chapter between the hours of two a.m. and six a.m., except by a special permit for one day only issued by the city administrator.

(Ord. 194 § 1 (part), 1967)

No establishment licensed pursuant to this chapter may allow the premises to be used for the purpose of conducting a private club between the hours of two a.m. and six a.m.

(Ord. 194 § 1 (part), 1967)

No person under eighteen years of age shall enter, be or remain in or on any premises on or in which any "burlesque" entertainment, as defined in Section 5.82.010, is presented. A licensee shall not permit such a person to enter, be or remain in or on any such premises.

(Ord. 299 § 2, 1971: Ord. 194 § 1 (part), 1967)

It shall be unlawful for any person who is intoxicated or under the influence of any drug to appear in or be in any establishment licensed pursuant to this chapter. A person who conducts or assists in conducting any such establishment shall not permit any intoxicated person or person who is under the influence of any drug to appear, be or remain at such place.

(Ord. 194 § 1 (part), 1967)

There shall be no entertainment of any kind where an entertainment license is required which is visible at any time from the street, sidewalk or highway.

(Ord. 194 § 1 (part), 1967)

No entertainment may be conducted in establishments where a license is required where employees solicit or accept drinks of alcoholic beverages from customers.

(Ord. 194 § 1 (part), 1967)

No entertainment may be conducted in any establishment where a license is required at which solicitation of trade is made at or near the entrance, either by personal solicitation or otherwise, by means of any device whereby the voice of the person soliciting can be heard at or near such entrance.

(Ord. 194 § 1 (part), 1967)

Every establishment licensed pursuant to this chapter shall be lighted throughout to an intensity of not less than three footcandles during all hours of operation except while the floor show is in progress.

(Ord. 194 § 1 (part), 1967)

Every person operating an establishment licensed pursuant to this chapter who owns, operates or controls any parking lot adjacent to such establishment and used in connection therewith shall adequately and uniformly light such parking lot to an intensity of not less than two footcandles.

(Ord. 194 § 1 (part), 1967)

At every establishment licensed pursuant to this chapter having a capacity of not less than two hundred persons, not less than one employee for the first two hundred persons, and one additional employee for each additional one hundred persons who could be accommodated, whether actually present or not, shall be constantly in attendance during the entire time that any entertainment is in progress, and shall devote their entire time and attention to the keeping of order, the checking of the admission of minors, and seeing to it that all provisions of this chapter are complied with. The city administrator may require such additional employees or guards on an individual basis as the city administrator deems in the public interests.

(Ord. 194 § 1 (part), 1967)

No professional entertainer or employee may dance, unnecessarily converse or associate with any customer during any entertainment period, and not at all except in the formal manner, provided, however, that a regularly scheduled audience participation type of entertainment may be presented during the time stated and in the manner described in an advertisement posted at the premises and appearing in a regularly printed program. Provided, further, that a copy of said advertisement shall be received by the city administrator twenty-four hours prior to the conducting of the audience participation entertainment.

(Ord. 194 § 1 (part), 1967)

The deputy sheriffs of the county of Los Angeles, in addition to their several other duties, shall inspect any and all establishments licensed pursuant to this chapter.

(Ord. 194 § 1 (part); August 10, 1967)

The sheriff and the city administrator, and/or their respective deputies, shall be permitted by every licensee to enter free of charge any establishment licensed pursuant to this chapter for the purpose of inspection.

(Ord. 194 § 1 (part); August 10, 1967)

No sign or signs which in whole or in part advertise any "burlesque" entertainment, and exceed in area seven hundred twenty square inches shall be maintained, erected, used or placed upon, on or adjacent to the outside of any building and in connection with any premises therein licensed pursuant to this chapter.

(Ord. 194 § 1 (part); August 10, 1967)

No sign or signs which in whole or in part depict the human form or any portion or portions thereof, whether clothed or unclothed, shall be maintained, erected, used or placed upon or adjacent to the outside of any building or in connection with any premises therein licensed pursuant to this chapter.

(Ord. 194 § 1 (part); August 10, 1967)

No sign or signs which in whole or in part advertise any "burlesque" entertainment, using the word "girls" or words of like or similar import, except the words "burlesque" or "topless entertainment" shall be maintained, erected, used or placed upon or adjacent to the outside of any building or in connection with any premises therein licensed pursuant to this chapter.

(Ord. 194 § 1 (part); August 10, 1967)

Every establishment licensed to present burlesque entertainment pursuant to this chapter shall place at or near the entrance to the licensed establishment a sign of not more than two hundred twenty-five square inches and not less than one hundred forty-four square inches upon which is written: "WARNING. This establishment offers 'burlesque' or 'topless' entertainment. If you would be offended, do not enter." Such sign shall be illuminated to an intensity of not less than ten footcandles, and shall be clearly visible to any person entering the licensed establishment before such person enters the area where entertainment is conducted.

(Ord. 194 § 1 (part); August 10, 1967)

No person shall enter, be or remain in any establishment licensed pursuant to this chapter, except when attired in such a manner that the pubic area, private parts and the crease of the buttocks are completely covered and are not visible to the human eye.

(Ord. 194 § 1 (part); August 10, 1967)

All establishments licensed or required to be licensed for burlesque entertainment under this chapter shall have a manager on the premises at all times when entertainment is being conducted. Such manager shall be registered with and approved by the city administrator.

(Ord. 760 § 1, 2001; Ord. 194 § 1 (part); August 10, 1967)

No female shall conduct or participate in any burlesque entertainment as defined in Section 5.82.010 unless and until such female has registered in person with the sheriff and completed the registration form provided by the sheriff. Any person registering under this section shall specify:

(a) Her name and residence address;

(b) Her Social Security number and drivers' license number, if any;

(c) Whether such person has ever been convicted of any crime except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the name of the person so convicted, the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as a result of such conviction.

(Ord. 194 § 1 (part); August 10, 1967)

Any person registering under Section 5.82.290 shall, in addition to the information required thereby, provide the sheriff with a recent photograph, which photograph may be taken by the sheriff, and a complete set of such person's fingerprints. The fingerprints required under this section shall be taken by the sheriff.

(Ord. 194 § 1 (part); August 10, 1967)

No person shall employ any female to participate in or conduct any burlesque entertainment as defined in Section 5.82.010 unless and until such female has registered with the sheriff as provided in Sections 5.82.290 and 5.82.291, and until written notification has been received from the sheriff that such female has been duly registered. The sheriff's notices of registration shall be maintained by the employer at the place of business, and shall be available for inspection at all times.

(Ord. 194 § 1 (part); August 10, 1967)

The sheriff shall not send any notification of registration, as required by Section 5.82.200, where the subject of such registration has been convicted of any crime requiring registration under Section 290 of the Penal Code, or of any violation of Sections 311, 647(a), 647(d), 647a, 315, 316 or 318 of the Penal Code.

(Ord. 194 § 1 (part); August 10, 1967)

No person or persons licensed pursuant to this chapter or required to be licensed under this chapter shall show, project or permit to be shown or projected in any establishment licensed pursuant to this chapter or required to be so licensed, any motion picture, still picture, or slide, the main subject of which is the depiction of the human body, or any portion thereof, whether clothed or unclothed, unless and until the license of such establishment is specifically endorsed by the city administrator to permit such showing.

(Ord. 194 § 1 (part); August 10, 1967)

Any permit issued under the terms of this chapter may be revoked or suspended at any time by the city administrator, after public hearing, due notice of which shall be furnished the permittee, if the city administrator shall find, upon evidence heard, that:

(a) The amusement or entertainment provided pursuant to the permit does not comport with the public peace, safety, morals or general welfare for any reason; or

(b) Such amusement or entertainment has been provided or permitted in an illegal and improper or disorderly manner; or

(c) The permittee or the proprietor of the commercial establishment or the managing personnel of either of them have violated or permitted the infraction of any law of the state or any provision of this code in providing such amusement or entertainment, or in any activity closely related thereto; or

(d) The conditions of the permit have been materially or repeatedly violated; or

(e) Any condition or fact exists which would, if known at the time of issuance of the permit, have been grounds for denying the permit.

(Ord. 194 § 1 (part); August 10, 1967)

An appeal may be made to the city council from any decision or determination of the city administrator pursuant to this chapter. The appeal shall be in writing and shall specify the decision from which the appeal is taken and the grounds of the appeal. The city council shall conduct a public hearing on such appeal. Not less than ten days before the date of such hearing, the city administrator shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed entertainment is to be conducted. Such notice shall set forth the specific type of entertainment which the applicant intends to conduct, as well as the type of entertainment license for which the applicant is applying.

At such public hearing, the applicant shall be entitled to be present, to be represented by an attorney, and to present witnesses and testimony in behalf of his application. The decision of the city council following such hearing shall be final.

(Ord. 194 § 1 (part), 1967)

Every permit and the current renewal thereof shall be posted in a conspicuous place on the premises where the entertainment or amusement for which such permit is issued is conducted and shall remain so posted during all of the time such entertainment or amusement is taking place.

(Ord. 194 § 1 (part), 1967)

Any person owning, operating or managing a business or commercial establishment who provides or permits or encourages any amusement or entertainment in or upon such business or commercial establishment without a valid permit issued pursuant to this chapter or who shall knowingly make any materially false statement on or in connection with any application for a permit required by this chapter, shall be guilty of a misdemeanor.

(Ord. 194 § 1 (part), 1967)