Grand Terrace Municipal Code Ch. 5.28 Places of Entertainment Serving Food or Refreshment

As used in this Chapter:

A. "Entertainment" includes:

1. Any presentation or activity of any nature which is designed or intended to divert, amuse or attract the attention of persons observing such presentation in which live models appear before an audience of any number of persons.

2. The act of any waitress or other female employee, while visible to any customer, exposing any portion of either breast below a straight line so drawn that both nipples and all portion of both breasts which have a different pigmentation than the main portion of the breast are below such straight line, or wearing any type of clothing so that such may be observed.

B. "Restaurant or place where food or other refreshments are served" includes any place or premises where alcoholic beverages only are served.

(Ord. 1 § 1(part), 1978: county code § 41.131(b), (c), (d))

No person shall provide or permit any type of entertainment in a coffee shop, restaurant or place where food or other refreshments are served and which is open to the public, unless such person first obtains a license so to do from the City Council as provided in this Chapter.

(Ord. 1 § 1(part), 1978: county code § 41.131(a))

A. An application fee as set by resolution of the City Council shall be paid upon the filing of each application for a license, for the purpose of defraying the expenses incidental to the processing of the application. The application fee shall be in addition to the license fee.

B. A license fee shall be paid as provided in Chapter 5.04.

(Ord. No. 330, § 22, 5-12-2020; Ord. 1 § 1(part), 1978: county code § 41.132)

Applicants for entertainment licenses shall file a written, signed and acknowledged application with the City Clerk showing:

A. The name and permanent address of the applicant;

B. A detailed description of the entertainment, including the type of entertainment, number of persons engaged in the entertainment, purpose of the entertainment, and any further information about the entertainment as the City Council may deem necessary;

C. The date, hours and location where the entertainment is proposed, and the admission fee, if any, to be charged;

D. The name or names of the person or persons having the management or supervision of the applicant's business;

E. The length of residence of the applicant within the City;

F. A statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with such entertainment;

G. Whether or not the owner, manager, supervisor or other person or persons having the management or supervision of the applicant's business have been convicted of a crime, the nature of such offense, and the sentence received therefor;

H. Such other reasonable information as to the identity or character of the owner, manager, supervisor or other person or persons having the management or supervision of the applicant's business as the City Council may deem necessary.

(Ord. 1 § 1(part), 1978: county code § 41.133)

After the making and filing of the application, the City Clerk shall refer the application to the Chief of Police for investigation concerning the applicant's business, and character of the applicant. The Planning Department, Building and Safety Department and the Chief of Police shall make reports of their findings, together with a recommendation as to whether or not the applicant shall be granted a license, to the City Council within ten days after the application was referred to them.

(Ord. 1 § 1(part), 1978: county code § 41.134(part))

The license shall be granted for the specific occasion requested or, if the request is for a continuous license, the license shall be issued for not longer than one year.

(Ord. 1 § 1(part), 1978: county code § 41.134(part))

Any applicant for an entertainment license under this Chapter may be issued a temporary permit for a period of six months commencing July 1, 1967. During such period the application of the applicant shall be investigated by the Planning Department and the Building and Safety Department. Where any violation of City ordinances or pertinent state laws is determined, such violation shall be corrected within the six-month period. In the event corrections are not made within the period, the temporary permit shall terminate.

(Ord. 1 § 1(part), 1978: county code § 41.134(part))

Any change in personnel having management or supervision of applicant's business shall be reported to the City Clerk within ten days after such change. A violation of this provision shall be grounds for suspension or revocation of such license.

(Ord. 102 § 13, 1986: Ord. 1 § 1(part), 1978: county code § 41.134(part))

Provisions of Section 5.28.020 shall not be deemed to require a license for the following:

A. The use of a radio or music recording machine, or jukebox, in any establishment;

B. Any entertainment provided for members and their guests at a private club where admission is not open to the public;

C. Entertainment conducted in connection with a regularly established recreation park, circus or fairground;

D. Entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent, charitable, dramatic or literary purposes having an established membership and which holds meetings other than with entertainment at regular intervals, when proceeds, if any, arising from such entertainment are used for the purposes of such club, society or association;

E. Entertainment conducted in connection with any dance as defined or regulated by Chapter 5.20 of this Code;

F. Theater, concert hall or similar establishment which is primarily devoted to theatrical performances.

(Ord. 1 § 1(part), 1978: county code § 41.135)

The City Council shall, upon receiving an application and reports of the Planning Department, Building and Safety Department and the Chief of Police, either approve or disapprove the issuance of such license.

(Ord. 1 § 1(part), 1978: county code § 41.136)

Every licensee shall display the license issued by the City in a conspicuous place in his business premises.

(Ord. 1 § 1(part), 1978: county code § 41.137)

Each license issued under this Chapter shall be issued to a specific person and shall in no event be transferable from one person to another.

(Ord. 1 § 1(part), 1978: county code § 41.138)

A. The City Council may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any licensee and may temporarily suspend for a period not exceeding one year, or revoke the permit of any licensee who commits any one or more of the acts or omissions constituting grounds for disciplinary action under this Chapter.

B. A licensee may file an application for renewal of a license pursuant to Section 5.28.040, accompanied by the required fee, during the pendency of a proceeding to suspend or revoke his license. Such filing shall continue such license in full force and effect until the entry of the final order by the Council terminating proceedings. Failure of the Council to revoke, suspend, limit or condition the license shall have the effect of granting the license. The application for renewal shall become a part of the pending proceeding and be subject to all evidence which has been or is thereafter presented. No further notice to the applicant is required and the Council or hearing examiner is authorized to consider and make findings upon such application in accordance with this Chapter.

(Ord. 1 § 1(part), 1978: county code § 41.139)

It is unlawful for any person or persons to sign a fictitious name or fictitious address in connection therewith.

(Ord. 1 § 1(part), 1978: county code § 41.1314)

A. Entertainers shall not be permitted to mingle with the customers present on the premises and such entertainers shall be restricted to performing in a specific portion of the premises separated from that portion occupied by customers. Any stage, platform or other area utilized for any performance by any entertainer in an establishment licensed under this Chapter shall contain not less than forty square feet of area and shall be illuminated by at least one unfiltered white lamp of one hundred watts or more. No part of any such stage, platform or performing area shall be, and no entertainer shall perform, closer than six feet to any area occupied by any customer or devoted to customer use.

(Ord. 1 § 1(part), 1978: county code § 41.131(e))

The area adjacent to such premises, including any parking area, shall be lighted by lamps of at least one hundred watts placed equidistant at a height of no less than fifteen feet. There shall be at least one lamp for each one thousand square feet of such area.

(Ord. 1 § 1(part), 1978: county code § 41.131(f))

A. No person shall enter, be or remain in any establishment licensed pursuant to this Chapter or required to be licensed pursuant to this Chapter except when attired in such a manner that the pubic area, private parts, the buttocks and the crease of the buttocks are completely covered.

B. No female person shall enter, be or remain in any establishment licensed pursuant to this Chapter or required to be licensed pursuant to this Chapter except when attired so as to prevent exposure of the portions of either breast as described in Section 5.28.010(A)(1) and further, no female person shall perform any act described in Section 5.28.010(A)(1).

C. No person shall act as a waiter or waitress or otherwise handle food or drink unless such person is fully clothed in such a manner as to comply with subsections A and B of this Section.

D. Clothing or covering which will constitute compliance with subsections A, B and C of this Section shall be no less than three inches in width at its narrowest point, shall be composed of a substantial opaque material and shall be clearly discernible by observation.

(Ord. 1 § 1(part), 1978: county code § 41.131(g)—(j))