El Segundo Municipal Code Ch. 8 Entertainment Regulations

The purpose of this chapter is to set forth rules and regulations governing entertainment at certain premises within the territorial limits of the city and require a permit therefor. (Ord. 782, 3-13-1972)

For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended:

APPELLANT: A person who perfects an appeal pursuant to this chapter.

APPLICANT: A person, firm, or corporation who, or which files an application for a new or renewal permit as provided herein.

DAY: A calendar day.

ENTERTAINMENT:

A. Any act, play, review, pantomime, scene, dance, act, or song and dance act, performed by one or more persons, whether or not such person or persons are compensated for such performances; or

B. Any form of dancing upon the premises by patrons thereof; or

C. Any fashion or style show, except when the same is conducted by a person as a part of a commercial business which primarily involves the sale or manufacture of clothing or wearing apparel.

NONPROFIT ORGANIZATION: Any religious, governmental or nonprofit association or institution exempt from real property taxation under either article XIII of the constitution or the Revenue And Taxation Code of the state.

NOTICE: Written notice, given by personal service upon the addressee, or, given by United States mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of United States postal service.

PERFORMER: Any person who performs any entertainment.

PERMITTEE: Any person, firm, or corporation who, or which shall be granted a permit as provided herein, and his or its agents and representatives.

PERSON: Natural person, firm, corporation, or association. (Ord. 782, 3-13-1972)

A. Requirement: It shall be unlawful for any person conducting, operating, owning, or in control of any premises open to the public, or private club within the city to allow any entertainment including dancing, upon the premises, or in or upon any adjoining room or premises, unless there has been granted to such person a valid permit therefor, pursuant to the provisions of this chapter.

B. Exemptions:

1. Nonprofit Organizations: An entertainment permit shall not be required of any bona fide nonprofit organization.

2. City Property: An entertainment permit shall not be required of any person in connection with the use of city property, unless such property is leased for a period which exceeds seven (7) consecutive days. (Ord. 782, 3-13-1972)

A. Filing Of Application; Payment Of Fee: An application for an entertainment permit or renewal of such permit must be filed in writing, filed with the city, on forms provided by the city and be accompanied by an application fee established by city council resolution.

B. Fee Nonrefundable; Verification Of Application: The application fee required by this section is established to cover part of the cost of the investigation and processing of applications and is not refundable. (Ord. 1475, 1-15-2013)

Each application shall contain:

A. A complete identification of the applicant.

B. Names, residence and business addresses of any copartners, including limited partners; or, if the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation together with the date and place of incorporation, the names and residence addresses of each of the officers, directors, and each stockholder owning more than ten percent (10%) of the stock of the corporation. If one or more of the partners is a corporation, the provisions of this Section pertaining to a corporate applicant apply.

C. The names, residences and business addresses of the managers and person to be in charge.

D. The name, residence and business address and written consent of the owner of the premises, who shall indicate his consent by signing the application in the space provided.

E. The address and the particular room or rooms for which the permit is required, the square foot area thereof to be used for dancing or entertainment, and the seating capacity for service of meals.

F. The exact nature of the proposed business for which the permit is requested, and the name under which it is to be operated.

G. Whether or not any person referred to in subsections A, B, C, or D of this Section has had a permit for the same or any similar business suspended or revoked anywhere, and, if so, the circumstances of such suspension or revocation. The suspension or cancellation of a liquor license shall be considered as being included within the purpose of this subsection. (Ord. 782, 3-13-1972)

H. Whether or not any person mentioned in subsections A, B, C, or D of this Section has ever been convicted of a misdemeanor or felony offense; and if so, the details of the conviction, the nature of the charge and its disposition. (Ord. 782, 3-13-1972; amd. 2000 Code)

I. A statement in detail of the kind of entertainment which is to be conducted on the premises.

J. The hours of operation. (Ord. 782, 3-13-1972)

K. Such other related information as the licensing authority may require. (Ord. 782, 3-13-1972; amd. Ord. 1127, 11-15-1988)

Whenever any change occurs relating to the written information required by Section 4-8-5 of this Chapter, the applicant or permittee shall give notification of such change to the licensing authority within twenty (20) days after such change or at any hearing conducted under this Chapter if such hearing is conducted before the above notification has been given. (Ord. 782, 3-13-1972; amd. Ord. 1127, 11-15-1988)

The licensing authority shall refer each application for a permit or renewal of such permit to the Chief of Police, who upon receipt thereof, shall conduct an appropriate investigation to determine whether said permit should be issued in accordance with the provisions of this Chapter as hereinafter set forth. The Chief of Police may request the assistance of any City department for the purpose of such investigation and he shall consider any relevant factual material relating to such application. The City may cause the fingerprints to be taken of any person referred to in subsections 4-8-5A, B, C, or D of this Chapter. (Ord. 782, 3-13-1972; amd. Ord. 1127, 11-15-1988)

A. Requirement: The Chief of Police may require permittees, their employees or their performers to carry identification cards issued by the Police Department.

B. Issuance: The Chief of Police may require and issue identification cards to permittees, their employees, or performers in such form as the Police Department deems necessary to identify the permittee, employee or performer.

C. Surrender Of Card: Each permittee shall immediately surrender to the Police Department any identification card issued by the Police Department upon the revocation, suspension or cancellation of his permit. Each permittee shall immediately surrender to the Police Department any identification card issued to an employee or performer of the permittee by the Police Department when any such employee leaves the permittee's employ or when such permittee's permit is revoked, suspended, cancelled or at the expiration of such permit without renewal.

D. Violation: No person shall carry or use any identification card issued to him pursuant to this Section after his permit or his employer's permit has been revoked, suspended, cancelled or expires without renewal. No person shall use the identification card issued to another person.

E. Term Of Validation: The identification card shall be valid for a period of one year, after which time it can be renewed. (Ord. 782, 3-13-1972)

F. Fee: Permittee shall pay a fee for any such identification card required by this Chapter. (Ord. 1252, 4-9-1996)

The Police Department, in addition to its other duties, shall inspect any and all establishments licensed pursuant to this Chapter. Police officers and any official inspectors while on official business shall be allowed by every permittee to enter such establishment free of charge for the purpose of inspection. (Ord. 782, 3-13-1972)

After an investigation, the licensing authority shall approve the application for the entertainment permit or renewal of such permit if he finds:

A. A completed written application form therefor has been filed.

B. The required application fee therefor has been paid to the City Treasurer.

C. As a result of his investigation all applicable provisions of this Chapter, with regard to such permit application, have been, or will be, met.

D. That the operation by the applicant will be carried on in a building, structure and location which complies with and meets all of the heath, zoning, fire, building and safety requirements and standards of the laws of the State and this Code applicable to such business operation.

E. That the applicant, his employee, agent or any person connected or associated with applicant as partner, director, officer, stockholder, associate or manager:

1. Has not been convicted in a court of competent jurisdiction by final judgment, of:

a. An offense involving the presentation, exhibition, or performance of an obscene production, motion picture or play; or

b. An offense involving lewd conduct; or

c. An offense involving the use of force and violence upon the person of another; or

d. An offense involving misconduct with children; or

e. An offense involving the maintenance of a nuisance in connection with the same or similar business operation.

2. Has not committed within the last five (5) years any offense described in subsections E1a through E1e of this Section.

3. Has not allowed or permitted acts of sexual misconduct to be committed within prior business operations.

F. That the business is not a public nuisance or has not been a public nuisance at any time within the last five (5) years.

G. That the applicant, his employee, agent, or any person connected or associated with applicant as partner, director, officer, stockholder, associate, or manager has not knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with the licensing authority.

H. That the applicant has not had a similar type permit previously revoked for good cause within the past year unless the applicant has shown a material change in circumstances since the date of revocation. (Ord. 782, 3-13-1972; amd. Ord. 1127, 11-15-1988)

Notice of decision of the licensing authority with reference to a permit application under this Chapter shall be made to the applicant or to any other person requesting such notice within forty five (45) days after receipt of application for a permit or renewal of such permit. (Ord. 782, 3-13-1972; amd. Ord. 1127, 11-15-1988)

A. Right Of Appeal: Any person aggrieved by the decision of the licensing authority with reference to the approval or denial of an application for a permit or renewal of such permit or suspension of a permit, shall have the right of appeal. An appeal must be perfected within fifteen (15) days after notice of the decision or order of suspension by filing with the City Clerk a letter of appeal briefly stating therein the basis for such appeal, together with a filing and processing fee in the sum of fifty dollars ($50.00). (Ord. 782, 3-13-1972; amd. Ord. 1127, 11-15-1988)

B. Adoption Of Resolution: Procedures for appeals and hearings under this Chapter may be adopted by a resolution of the City Council. (Ord. 782, 3-13-1972)

Failure to file a letter of appeal within said fifteen (15) days shall constitute a waiver of appellant's right to a hearing but the City Council in its discretion may nevertheless grant such a hearing. (Ord. 782, 3-13-1972)

A. Notice Of Hearing: The City Clerk shall fix the time and place of the hearing at a date no more than twenty five (25) days after receipt of the letter of appeal. The City Clerk shall give the appealing party and any other person requesting the same at least five (5) days' notice of the time and place of such hearing. The notice shall be substantially in the following form, but may include other information:

You are hereby notified that a hearing will be held at , on , at the hour of , at which time you may show cause why the appeal which you have filed should be sustained.

(Ord. 782, 3-13-1972)

B. Hearing Before Council: At the time and place set for the hearing upon the appeal from the decision of the licensing authority, the City Council shall give the appealing party, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the determination of the licensing authority should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action taken by the licensing authority. The determination of the City Council shall be final and conclusive. (Ord. 782, 3-13-1972; amd. Ord. 1127, 11-15-1988)

If the application for a permit or renewal of such permit is approved, the licensing authority shall issue the permit, and shall strictly limit such permits to the terms of the application. (Ord. 782, 3-3-1972; amd. Ord. 1127, 11-15-1988)

Any permit issued pursuant to this Chapter shall expire on December 31 of the year of issuance; provided, however, that permits issued after October 31 of any year shall expire on December 31 of the next succeeding year. (Ord. 782, 3-13-1972)

Every person holding a permit issued pursuant to this Chapter shall keep the same posted in a conspicuous place upon the licensed premises in open and clear view. (Ord. 782, 3-13-1972)

The assignment or attempt to assign any permit issued hereunder is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void. (Ord. 782, 3-13-1972)

Every person holding a permit issued pursuant to this Chapter shall keep the rules and regulations contained in Sections 4-8-20 through 4-8-22 of this Chapter and such supplemental rules and regulations as may be recommended by the City Manager and adopted by resolution of the City Council, posted immediately adjacent to the permit in a conspicuous place upon the licensed premises in open and clear view of customers. (Ord. 782, 3-13-1972)

It shall be unlawful for any person employed in any establishment for which a permit is required under this Chapter to solicit or accept drinks of alcoholic beverages from any customer while so employed. (Ord. 782, 3-13-1972)

It shall be unlawful for any person to conduct, show, stage, perform, produce, or permit any entertainment between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. in any establishment for which a permit is required under this Chapter except by specific prior written authorization of the Chief of Police and under the conditions therein set forth. (Ord. 782, 3-13-1972)

It shall be unlawful for any person to violate any of the following rules and regulations:

A. Dancing:

1. Hours: Dancing is prohibited between two o'clock (2:00) A.M. and six o'clock (6:00) A.M. on any day.

2. Remuneration Prohibited: No person shall pay or receive any fee or remuneration to be a dancing partner with any other person. This provision shall not apply to professional paid entertainers when performing as such.

B. Lighting: The room, hall or other place where dining and dancing are permitted shall be kept well and adequately lighted with uniform intensity at all times and with a minimum light of three (3) foot-candles thirty inches (30") from the floor. (Ord. 782, 3-13-1972)

Any business establishment providing entertainment maintained contrary to the provisions of this Chapter shall be, and the same hereby is declared to be, unlawful, and a public nuisance and the City Attorney may, in addition to or in lieu of any criminal action taken hereunder, 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 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 contrary to the provisions of this Chapter. (Ord. 782, 3-13-1972)

A. Findings: The Chief of Police shall suspend any permit issued hereunder, if he finds:

1. That the operation, as conducted by the applicant, does not comply with all the health, zoning, fire, building and safety requirements and standards of the laws of California and this Code applicable to such business operation.

2. That the applicant, his employee, agent or any person connected or associated with applicant as partner, director, officer, stockholder, associate or manager:

a. Has been convicted in a court of competent jurisdiction, by final judgment of:

(1) An offense involving the presentation, exhibition, or performance of an obscene production, motion picture, or play; or

(2) An offense involving lewd conduct; or

(3) An offense involving the use of force and violence upon the person of another; or

(4) An offense involving misconduct with children; or

(5) An offense involving the maintenance of a nuisance in connection with the same or similar business operation.

b. Has committed within the last five (5) years any offense described in subsections A2a(1) through A2a(5) of this Section.

c. Has allowed or permitted acts of sexual misconduct to be committed within business operations.

3. That the applicant, his employee, agent or any person connected or associated with applicant as partner, director, officer, stockholder, associate, or manager has knowingly made false, misleading or fraudulent statement of a material fact in the application for a permit, or in a report or record required to be filed with any City agency.

4. That the business is a public nuisance or has been a public nuisance at any time within the last five (5) years.

5. That the applicant has had a similar type permit previously revoked for good cause and has not shown a material change in circumstances since the date of revocation.

B. Police Chief Determination Appealable: The determination of the Chief of Police with regard to matters of suspension shall be appealable in the time and manner set forth in Sections 4-8-12 through 4-8-14 of this Chapter.

C. Order Of Suspension:

1. The Chief of Police, in the case of such suspension, shall serve the permittee with a written order of suspension, which shall state the reasons for such suspension. The said order shall be effective immediately if personally served, or forty eight (48) hours after the same has been deposited in the course of transmission in said United States Postal Service.

2. Immediately upon such an order becoming effective, the permittee shall cease all operations under such permit. (Ord. 782, 3-13-1972)

A. Filing Appeal: The suspension shall become a revocation fifteen (15) days after the order of suspension becomes effective unless the permittee files an appeal of the order of suspension in the manner set forth in Sections 4-8-12 through 4-8-14 of this Chapter.

B. Order Stayed Pending Determination: Where an appeal is filed, the order shall be stayed pending a determination thereon by the City Council which shall act upon the same at a meeting of the City Council fixed by the City Clerk, in the manner set forth in Sections 4-8-12 through 4-8-14 of this Chapter. Such suspension shall become a revocation if the City Council upholds the suspension. The determination of the City Council shall be final and conclusive. (Ord. 782, 3-13-1972)