Fullerton Municipal Code Ch. 3.08 Entertainment

(A) The intent of this chapter is to ensure that businesses offering entertainment as part of their normal business practices are compatible with surrounding land uses and businesses and are consistent with the goals and objectives of the General Plan.

(B) The purpose of this chapter is to establish standards and procedures to facilitate the orderly operation of businesses offering entertainment as a normal part of their business practices.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AMATEUR. Any person who has never been an entertainer for compensation.

AMBIENT MUSIC. Low-volume, background music, whether amplified or not amplified, not audible to a reasonably hearing person at 25 feet from any portion of the exterior of the building (including outdoor patios/dining areas), and which is intended to provide ambience and not to entertain.

AUDIENCE. One or more persons, present as listeners or viewers, but not as entertainers, during any entertainment.

AUDITION. Any test of the quality of entertainment not in the presence of a public audience and without compensation.

ENTERTAINER. Any person whose actions or presence provides entertainment, but does not mean a vocalist or a café musician, as defined in Cal. Gov’t Code § 37101.5, while occupied exclusively in singing or performing music.

ENTERTAINMENT. Any of the following:

(1) Dancing (by customers or by performers);

(2) Live musical performances (instrumental or vocal) when carried on by three or more persons;

(3) Music provided by a disc jockey, whether indoors or outdoors other than AMBIENT MUSIC, or karaoke;

(4) Any professional comedian or comic who tells jokes, acts out comical situations, or engages in repartee; or

(5) Any other similar entertainment activity involving amplified or reproduced music.

ENTERTAINMENT (MINOR ACOUSTICAL). Two or less café musicians, as defined in Cal. Gov’t Code § 37101.5, playing acoustical instruments without the use of amplification systems. Such performers may be strolling or stationary within the establishment.

ENTERTAINMENT (OUTDOOR). Any ENTERTAINMENT, as defined in this chapter, which occurs outside of a fully enclosed building.

NIGHTCLUB. Any bar, cocktail lounge, karaoke bar or similar establishment with entertainment and alcoholic beverage sales operating under a Type 42 or Type 48 Department of Alcoholic Beverage Control license (on-sale genera/public premises) or similar license.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

It shall be unlawful for any person or business to provide in, or upon, any premises within the city, entertainment without an entertainment permit issued by the city pursuant to the provisions of this chapter. Penalty, see § 3.08.180.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

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

(A) Any entertainment consisting solely of auditions, as that term is defined in this chapter;

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

(C) Entertainment provided in, and with the consent of any person in control of, any public park, stadium, arena, circus, fairground, auditorium or upon any educational, governmental or military property;

(D) Any entertainment provided in any theater not a part of, or having any entrance in common with, any restaurant;

(E) Any entertainment provided at, during, and with the consent of the person in charge of, any meeting, game, contest, picnic or outing of, and exclusively for, any nonprofit religious, fraternal, charitable, humanitarian, governmental, military, veterans, civic, youth, school, business, commercial, educational, musical, dramatic, literary, sporting, social, labor, employee, or service club or group, or any similar non-profit private club or group;

(F) Entertainment (minor acoustical) as that term is defined in this chapter.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

(A) Any person desiring to obtain an entertainment permit shall submit an application to the Chief of Police or their designated representative in the manner and form described in this chapter. At the time of submittal of such application, a nonrefundable fee as established by resolution of the City Council shall be paid to defray the cost of review, investigation, report, and inspections required by this chapter.

(B) The submission of an application for an entertainment permit does not authorize the entertainment until such permit has been granted by the Chief of Police or their designated representative.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

An application for an entertainment permit shall include, but not be limited to, the following information:

(A) The business name and address of the location where the entertainment will occur.

(B) Written, notarized authorization from the property owner authorizing the applicant to apply for an entertainment permit.

(C) A complete floor plan of the location where the entertainment will occur. The floor plan shall identify where within the establishment the entertainment will be performed. Entertainment which moves throughout the establishment (e.g., strolling musician) shall be identified as such.

(D) A detailed description of the type of entertainment that is proposed.

(E) The address, telephone number and e-mail contact of the entertainment permit applicant.

(F) 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.

(G) Dates and times when the entertainment is to occur.

(H) Contact person(s), title (e.g., manager, owner, agent, etc.) and phone number at the business location where the entertainment will occur.

(I) A Security and Operations Plan which includes, but is not limited to, the number of security personnel, equipment and cameras, security practices and any other pertinent information as determined by the Police Department to be necessary to evaluate the

adequacy of security for the establishment where entertainment is provided.

(J) Copy of the Department of Alcoholic Beverage Control license (if applicable) at the location where the entertainment will occur.

(K) All convictions, including ordinance violations, exclusive of traffic violations, stating the dates and places of any such conviction.

(L) Such other identification and information as required by the Police Department.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

(A) Upon receipt of the completed application, the Chief of Police, or their designee, in consultation with other applicable city departments, shall review the application and conduct an investigation, including, but not limited to, any past criminal convictions as provided by the Justice Department or other legally authorized agency.

(B) The Chief of Police, or their designee shall grant the permit if they find that all of the following components have been provided:

(1) The required fee has been paid.

(2) The application conforms in all respects to the requirements in § 3.08.060 of this chapter.

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

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

(5) The applicant has not been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under Cal. Penal Code § 290, Cal. Health and Safety Code § 11590, or of conduct violating Cal. Penal Code §§ 647(a), 647(b), or any crime involving dishonesty, fraud or deceit.

(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.

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

(8) The applicant has not had an entertainment permit denied or revoked within the past six months.

(9) The business establishment in which the entertainment is proposed has operated in good standing with the city regarding calls for service, violations of the municipal code, compliance with land use entitlements, or violations from the Department of Alcoholic Beverage Control.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

If the Chief of Police, in consultation with other city departments, and following investigation of the applicant, finds that the permittee does not fulfill the requirements set forth in this chapter, the Chief of Police shall deny the application and notify the permittee in writing of such denial.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

Any permittee who is denied a permit by the Chief of Police may appeal such denial to the Hearing Officer, pursuant to the provisions of this chapter.

(A) The permittee shall file a written appeal with the City Clerk within ten business days of the date of mailing of the notice of denial, suspension or revocation.

(B) The Hearing Officer shall schedule a hearing to be held within ten business days after the filing of the appeal.

(C) Notice of the date, time and place of the hearing shall be mailed to the applicant at least ten days prior thereto.

(D) The Hearing Officer, in his/her sole discretion, may grant or deny a continuance, may dissolve stays of pending orders of denial, suspension or revocation.

(E) The Hearing Officer, shall determine, after consideration of all evidence presented, whether a permit should be issued, reinstated, suspended or revoked. The decision of the Hearing Officer shall be final.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

The following rules of evidence shall apply:

(A) Oral evidence shall be taken only under oath or affirmation. The Hearing Officer shall have authority to administer oaths, and to receive and rule on admissibility of evidence.

(B) Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-examine opposing witnesses who have testified under direct examination. The Hearing Officer may call and examine any witness.

(C) Technical rules relating to evidence and witnesses shall not apply to hearings provided for herein. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory law which might make admission of such evidence improper over objection in civil actions. Hearsay testimony may be used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent that they now, or hereafter, are permitted in civil actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

Entertainment permits are valid for a period of one year and may be renewed upon approval of a renewal application. The renewal fee for an entertainment permit shall be set by resolution of the City Council. The permittee shall submit an application for permit renewal which shall provide any updated information as required under this chapter for

the original application. Renewal of the permit shall be based on the same criteria as the original entertainment permit.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

In the event of any amendments to this chapter, existing entertainment permits approved prior to any amendments to this chapter, shall be valid until the expiration date of the existing entertainment permit. At such time the establishment must comply with all aspects of this chapter in order to be issued an entertainment permit.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

No entertainment 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. 3270, passed - -2019; Ord. 3350, passed - - 2025)

The following baseline operational requirements shall be applicable to all businesses with an entertainment permit. The Chief of Police, in consultation with other departments, may require additional conditions of approval on an entertainment permit based on the specific location and operational characteristics of the business. These requirements do not modify or limit in any way the authority of the Chief of Police to enforce Cal. Penal Code § 415 (disturbing the peace) against any person, or of the Chief of Police or the Fire Marshal to immediately take action in the event of an imminent threat to public health or safety.

(A) Compliance with laws. All individuals and/or business entities who obtain an entertainment permit shall comply with all applicable laws, regulations, ordinances and stated conditions.

(B) Time restrictions. Entertainment may not take place between the hours of 2:00 a.m. and 8:00 a.m. The time restrictions may be further limited by an applicable conditional use permit or entertainment permit.

(C) Type, manner and hours of operation. The type, manner, frequency, dates and times during which entertainment is provided shall be limited to what is expressly indicated on the entertainment permit. Any substantial changes to the type, manner, frequency, dates or times of entertainment shall require the permittee to submit an application for an amendment to the entertainment permit, which shall be processed in the same manner as a new entertainment permit, prior to making any changes to the business operation.

(D) No adult entertainment, as defined by Fullerton Municipal Code Chapter 7.95, shall be conducted on the permitted premises. Permittees shall not allow, permit, procure, or encourage, anyone to expose male or female genitals, cleft of the buttocks, the areola or any portion of the female breast below the areola, while at or inside the business.

(E) Outdoor entertainment. Any entertainment (outdoor), excluding ambient music is prohibited except within the boundaries of commercial properties zoned C-3 and G-C as defined in Chapter 15.90 and Administrative Restaurant Use Permit (ARUP) with the following conditions:

(1) Outdoor entertainment is limited to the hours of 5:00 p.m. to 10:00 p.m., Monday through Sunday.

(2) No outdoor entertainment of any kind (amplified or non-amplified) will be permitted before 5:00 p.m. or after 10:00 p.m. Monday through Sunday.

(3) Noise from outdoor entertainment shall comply with the noise standards in § 15.90.30(B), including Table 2-1 , measured at the property line of the parcel generating the noise. Establishments are responsible for managing and adjusting sound and amplification equipment to ensure compliance.

(F) Permit posted on site. Permittees shall place or post an approved entertainment permit including conditions of approval on the premises in a place easily accessible by city staff.

(G) Promoters. Neither the business, nor anyone on its behalf, shall share any profits, or pay any percentage or commission to a promoter or otherwise receive compensation for use of the facilities.

(H) Advertising. Permittee shall not distribute, post or attach, and shall be responsible for ensuring that no agents on its behalf, distribute, post or attach, advertising matter on public property, public right-of-way, or on any vehicle on public property.

(I) Noise. Permittee shall ensure that noise emanating from the business shall not be unreasonably loud or disturbing and shall comply with the noise standards contained in Chapter 15.90.

(J) Occupancy. Building occupancy loads shall be posted at all times. Permittee shall be responsible to keep count of the number of occupants present at any given time and provide that information to city staff upon request.

(K) Security plan. Permittee shall be responsible for adhering to the security plan reviewed and approved by the Chief of Police, or their designee. Modifications to the approved Security Plan shall be reviewed and approved by the Police Department prior to making any changes to security operations. It is the responsibility of the business establishment to update the security plan on file with the city when/if there are any changes in the operational characteristics of the establishment which may alter the contents of the security plan. Changes in business name and/or ownership shall require an updated security plan to be provided to the city.

(L) Loitering. Permittee shall take steps to prevent patrons from loitering in the immediate area, littering or making excessive noise outside of the establishment and at closing time.

(M) Doors and windows. All exterior doors and windows must be closed during the hours of entertainment, except to allow ingress or egress of patrons, or in the case of emergencies. Exceptions to this requirement may be considered as part of a conditional use permit based on the business location, building design, business operations, and outdoor entertainment.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

In the event that the permittee fails to comply with the baseline operational requirements and/or conditions of approval of the entertainment permit, the Chief of Police, in consultation with other city departments, may elect to take the following steps to minimize impacts to health, safety and welfare, and gain compliance with all applicable laws, regulations, ordinances and stated conditions. Decisions by the Chief of Police to exercise the below operational restrictions shall not be appealable:

(A) Step 1: Remedy Meeting. Upon a third violation of the entertainment permit, or any applicable federal, state or local laws or regulations within a 12-month period, the permittee shall be required to attend a meeting with the Chief of Police and other applicable departments to discuss the violations and specify actions that will be undertaken by the permittee to address the violations. Failure by the permittee to attend this meeting shall not restrict the city from imposing additional operational restrictions on the business.

(B) Step 2: Restrictions. In the event that Step 1: Remedy Meeting does not result in compliance with the terms of the entertainment permit within 30 days, or within a timeframe otherwise specified by the city, permittee will be notified in writing that the business must comply with any or all of the following Step 2: Restrictions for a period of 30 days, or for a period otherwise specified by the city.

(1) No entertainment of any kind shall be permitted after midnight, or 1:00 a.m., at the discretion of the city;

(2) No outdoor queuing shall be permitted after 11:00 p.m. or midnight, at the discretion of the city;

(3) Provision of additional security personnel at hours determined necessary by the Chief of Police and/or implementation of additional security measures, including but not limited to, security check procedures for incoming patrons;

(4) Any additional measures determined necessary by the city may be imposed to protect public health and safety.

(C) Step 3: Restrictions. In the event that Step 2: Restrictions do not result in compliance with the terms of the entertainment permit within 30 days, or within the timeframe otherwise specified by the city, permittee will be notified in writing that the business must comply with any or all of the following Step 3: Restrictions for a period of 30 days, or for a period otherwise specified by the city.

(1) No entertainment of any kind shall be permitted after 10:00 p.m.;

(2) No outdoor queuing shall be permitted after 10:00 p.m.;

(3) Provision of additional security personnel at hours determined necessary by the Chief of Police and/or implementation of additional security measures, including but not limited to, security check procedures for incoming patrons;

(4) Any additional measures determined necessary by the city may be imposed to protect public health and safety.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

The Chief of Police in consultation with other city departments, may suspend or revoke an entertainment permit if a permittee has:

(A) Violated any provision of this chapter;

(B) Violated conditions of the entertainment permit;

(C) Not modified their operations in compliance with Step 2 and/or Step 3 Restrictions and permittee continues to violate the terms and conditions of the entertainment permit, as required by the Chief of Police;

(D) Made any false, misleading, or fraudulent statements in the application; or

(E) Been convicted of a felony or misdemeanor involving dishonesty, fraud, or deceit.

(F) The permittee shall be provided with written notice of such suspension or revocation. The permittee may file an appeal to City Council with the City Clerk within ten calendar days of the date of mailing of the notice of revocation. If no appeal is filed, the revocation shall become effective upon expiration of the period for filing appeals.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

As a result of any incident or nuisance arising out of or in connection with permittee's operations, the cost of such services may be billed to permittee as an expense of those costs incurred by the city in making any appropriate emergency response to the incident, and shall be comprised of all costs directly arising because of the response to the particular incident, including, but not limited to, the costs of providing police, firefighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

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

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)

If any word, phrase, clause, sentence or section of this chapter is for any reason invalid, such invalidity shall not impair the validity of any other part of this chapter and the City Council hereby declares that it would have enacted each and every part of this chapter without any such invalidity of any other part thereof.

(Ord. 3270, passed - -2019; Ord. 3350, passed - - 2025)