Hemet Municipal Code Ch. 6 Amusements and Entertainment

Footnotes:

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Cross reference— Businesses, ch. 18; seizure of unlicensed coin-operated machines, § 18-40; bingo, § 18-121 et seq.

The purpose of this chapter is to set forth regulations governing public dances, private dances, dancehalls, live entertainment, places of entertainment, nightclubs and like businesses within the city, to require permits and fees therefor, and to provide for punishment of violations of this chapter.

(Ord. No. 896; Code 1984, § 10900)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dancehall means a place open to the public upon the payment of an admittance fee, wherein music is provided and people are allowed to dance, which is so open at regular intervals or on regular days of the week. Facilities owned by the City of Hemet, Hemet Unified School District, and Valley Wide shall not be considered dancehalls for the purposes of this chapter.

Entertainment means any presentation or activity of any nature which is designed or intended to divert, amuse or attract the attention of persons observing such presentation or activity, including but not limited to any type of presentation in which live models appear before an audience of any number of persons.

Lewd or Obscene means material that appeals to a prurient or lascivious interest in sex, depicts sexual conduct in a patently offensive manner, and taken as a whole has no serious artistic, literary, political, or scientific value.

License collector means the city manager or his authorized designee or representative charged with the administration of the business license tax program.

Live entertainment means any act, play, review, pantomime, scene, dance act, or song and dance act, performed by one or more persons, whether or not such persons are compensated for such performance.

Nightclub means all hotels, restaurants, cafes, inns and taverns, or any place open to the public, wherein or whereat bona fide meals or dinners are served, and where the public and patrons thereof may dance without charge.

Permit means any written authorization or permission to conduct, manage or carry on a business activity within the city. A permit does constitute a business license.

Place of entertainment means a place open to members of the public, with or without charge, in which entertainment is offered or performed.

Private dance means a dance which is limited to those persons individually invited to which no admittance charge is made, or a dance conducted by a bona fide club, society or association organized or incorporated for benevolent, charitable, dramatic, literary or dancing purposes, having an established membership, and which holds meetings other than such dances at regular stated intervals, when the proceeds, if any, arising from such dance are used for the purposes of such club, society or association.

Public dance means a dance open to the public for an admittance fee or charge which is held on one day only.

(Ord. No. 896; Code 1984, §§ 10901—10909; Ord. No. 1780, § 1(Exh. A), 5-22-07)

Cross reference— Definitions and rules of construction generally, § 1-2.

The provisions of this chapter shall not be deemed to require a permit for the following:

(1) The use of a radio or music recording machine or jukebox in any establishment where dancing is not permitted.

(2) Any entertainment provided for members and their guests only at a private club where admission is not open to the public.

(3) Any dance conducted by any public school or private school which is permanently located within the city, as a part of the recreation program of the school, for the exclusive entertainment of its duly registered pupils.

(4) Private dances limited to those persons individually invited to which no admittance charge is made, or a dance conducted by a bona fide club, society or association as defined in section 6-2. Special policing may be required as determined by the chief of police.

(Ord. No. 896; Code 1984, § 10910)

No person shall conduct any public dance or dancehall, or provide or permit any type of entertainment in a tavern, nightclub, restaurant or place where food or other refreshments are served or any place which is open to the public, unless such person shall obtain a permit so to do as provided in this chapter.

(Ord. No. 896; Code 1984, § 10911)

The issuing authority for permits under this chapter shall be the license collector.

(Ord. No. 896; Code 1984, § 10912)

The approving authority for permits under this chapter shall be the chief of police or any of his duly authorized agents.

(Ord. No. 896; Code 1984, § 10913)

Applications for all permits required by this chapter shall be on such forms as may be adopted by the chief of police. Satisfactory evidence must be produced and presented in support of such application. Such application must contain the names and permanent business and residence addresses of the persons by or for whom the application is filed, the date, hours and location where the dance or dancing is proposed and the admission fee, if any, to be charged or, in the event of a permit for a place of entertainment, the date, hours and location and general description of the type of entertainment, maximum number of persons engaged in the entertainment and any further information about the entertainment as the chief of police may deem necessary. The application must also contain the name of the person having the ownership, management or supervision of the applicant's business; the length of residence of the applicant within the city; whether or not the person having the management or supervision of the applicant's business has been convicted of a crime except minor traffic violations, and the nature of such offense and the sentence received therefor; and such other reasonable information as to the identity or character or the person having the ownership, management or supervision of the applicant's business as the chief of police may deem necessary.

(Ord. No. 896; Code 1984, § 10914)

Prior to issuance of any permit pursuant to this chapter, the applicant shall pay the currently required fee.

(Ord. No. 896; Code 1984, § 10915)

No person shall, while acting as a waiter, waitress or entertainer in any establishment which serves food, beverages, or food and beverages, including but not limited to alcoholic beverages for consumption on the premises of such establishment:

(1) Expose his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region;

(2) Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

(3) Expose any portion of the female breast at or below the areola thereof.

A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity, without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.

(Ord. No. 896; Code 1984, § 10916)

No person shall, while participating in any live act, demonstration or exhibition in any public place, place open to the public, or place open to public view:

(1) Expose his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region;

(2) Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

(3) Expose any portion of the female breast at or below the areola thereof.

(Ord. No. 896; Code 1984, § 10917)

No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited by this chapter.

(Ord. No. 896; Code 1984, § 10918)

The provisions of sections 6-9, 6-10 and 6-11 shall not apply to a theater, concert hall or similar establishment which is primarily devoted to theatrical performances.

(Ord. No. 896; Code 1984, § 10919)

No person owning, operating, managing or otherwise controlling any place of entertainment or nightclub shall suffer or permit any entertainment to be conducted which is visible or plainly audible from any public street or sidewalk, except for such temporary periods not exceeding one minute when patrons are entering or exiting through a door.

(Ord. No. 896; Code 1984, § 10920)

No person shall display or exhibit any moving pictures, stereopticon or otherwise projected pictures of a lewd or obscene nature in any public dancehall, nightclub, or at a public dance.

(Ord. No. 896; Code 1984, § 10921; Ord. No. 1780, § 1(Exh. A), 5-22-07)

No lewd dancing or conduct is permitted in any public dancehall, nightclub or at a public dance.

(Ord. No. 896; Code 1984, § 10922; Ord. No. 1780, § 1(Exh. A), 5-22-07)

No person conducting, maintaining or carrying on any public dancehall, public dance, dining-dance or private dance shall employ persons under the age of 18 for compensation or for anything of value directly or indirectly to act as dancing partners of the patrons, visitors or guests of any such public dancehall, public dance, dining-dance or private dance.

(Ord. No. 896; Code 1984, § 10923; Ord. No. 1780, § 1(Exh. A), 5-22-07)

There shall be no booths, alcoves or enclosures of any kind in a public dancehall, except toilet facilities and except office rooms to which patrons do not have access.

(Ord. No. 896; Code 1984, § 10924)

A public dancehall that maintains soft drink or alcoholic beverage service shall be permitted to have tables and chairs for the convenience of patrons, provided that the tables and chairs are in a fully lighted room and not shut off from the main dancehall by doors, curtains or any partition other than clear glass.

(Ord. No. 896; Code 1984, § 10925)

No person carrying on a public dancehall or having charge or control thereof shall employ or permit any person under the age of 18 years to give instruction in dancing to any person who is 18 years of age or older.

(Ord. No. 896; Code 1984, § 10926; Ord. No. 1780, § 1(Exh. A), 5-22-07)

No person carrying on a public dancehall or having charge or control thereof shall permit any instructor to give instructions in dancing in any private room in the public dancehall. For purposes of this section, the term "private room" includes any room, every part of which is not clearly visible at all times from the main dance floor.

(Ord. No. 896; Code 1984, § 10927)

All persons operating a public dance, dancehall or nightclub shall have in attendance at the premises for the purpose of supervising the dancing and the conduct of all patrons and customers, a duly licensed and uniformed security guard at all times such dancing is permitted or allowed. However, the provisions of this section shall apply only to those establishments or premises where a dance floor or area in excess of 100 square feet is available or designated for dancing by customers or patrons, or if more than 150 customers and patrons are present.

(Ord. No. 896; Code 1984, § 10928; Ord. No. 1780, § 1(Exh. A), 5-22-07)

All entertainment shall be performed on a suitable stage or place separate from the general patron area. The place of entertainment must be approved by the chief of police or his duly authorized agents.

(Ord. No. 896; Code 1984, § 10929)

Lighting shall be maintained in the dance area at any time an establishment is open to the public so any individual with normal sight can clearly see and identify any person across the dance floor area.

(Ord. No. 896; Code 1984, § 10930)

The following shall constitute grounds for denial of a permit under this chapter:

(1) Any fraud, misrepresentation or false statement contained in the application;

(2) Any violation of this chapter or any ordinance of the city or any other laws relating to the permitted business;

(3) Conviction of the applicant of any felony or of a misdemeanor involving moral turpitude;

(4) Refusal or failure to make available to the chief of police or city official upon demand any records relating to the permitted business which are deemed necessary for the enforcement of this chapter;

(5) If there is any other good and sufficient reason therefore.

(Ord. No. 896; Code 1984, § 10931; Ord. No. 1780, § 1(Exh. A), 5-22-07)

The following shall constitute grounds for suspension and revocation of a permit issued under this chapter:

(1) If there has been any violation of this chapter or any ordinance of the city or any other laws relating to the permitted business;

(2) If the character or reputation of the permit holder or employee is determined to be inimical to the safety or general welfare of the community;

(3) If the permit holder or his employee has 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 any city agency; or

(4) If the permit holder has been convicted of any felony or of a misdemeanor involving moral turpitude.

(Ord. No. 896; Code 1984, § 10932)

Any application or permit required under this chapter may be denied, suspended or revoked by the chief of police for the grounds listed in sections 6-24 and 6-25.

(Ord. No. 896; Code 1984, § 10933)

If, after investigation, the chief of police determines that a permit issued under this chapter should be suspended or revoked or an application for such permit denied, he shall prepare a notice of suspension, revocation or denial of application setting forth the reasons for such suspension, revocation or denial of application. Such notice shall be sent by certified mail to the applicant's last address provided in the application, or be personally delivered. Any person who has had an application for permit denied by the chief of police or who has had a permit suspended or revoked by the chief of police may appeal the chief's decision in the manner provided in this chapter.

(Ord. No. 896; Code 1984, § 10934)

Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section.

(1) Within 15 calendar days after the date of any denial, suspension, revocation or other decision of the chief of police, an aggrieved party may appeal such action by filing with the city clerk a written appeal fully setting forth the reasons why such denial, suspension, revocation or other decision is not proper.

(2) Upon receipt of such written appeal, the city clerk shall, within 20 days, place the appeal on a regular agenda for the city council. At least one week prior to the date of the hearing on the appeal, the clerk shall notify the appellant and chief of police of the date and place of the hearing. The mayor or mayor pro tem is authorized to issue subpoenas, to administer oaths and to conduct the hearing on the appeal. At such hearing the chief of police and the appellant may present evidence relevant to the denial, suspension, revocation or other decision of the chief. The city council shall receive evidence and shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of law shall not apply to such hearing.

(3) At the conclusion of the hearing, the city council may uphold the denial, suspension, revocation or other decision of the chief of police, or the city council may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other decision which is the subject of the appeal. The mayor or mayor pro tem shall, within ten days, file with the city clerk written findings of fact and conclusions of law and its decision. The decision of the city council is final.

(Ord. No. 896; Code 1984, § 10935)

Any person violating the provisions of any section of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-8.

(Ord. No. 896; Code 1984, § 10936)