Irwindale Municipal Code Ch. 5.36 Regulation of Entertainment

Sections:

* Prior ordinance history: Ord. 476 § 1, 1993.

No person, firm, partnership, corporation or business entity shall operate, conduct or manage any place or premises open to the public as a place of entertainment or property or location that provides any form of entertainment, as defined in Section 5.36.020 of this chapter, without first obtaining an annual permit as provided for in this chapter. Entertainment permits hereunder shall be in addition to any other permit, license or entitlement required by this code or other law.

(Ord. 597 § 1(part), 2006).

As used in this chapter, the following words and phrases shall be defined as follows:

"Entertainment" means every form of live entertainment, music, solo band or orchestra, act, play, burlesque show, cabaret, fashion show, style show, review, pantomime, scene, song, dance, act, song and dance act, or any other act or performance participated in by one or more persons for the purpose of holding the attention of, gaining the attention and interest of, diverting or amusing guests or patrons or the use of a radio or other electronic playback device providing music for dancing by patrons or guests.

The following is included in the term "entertainment": The presence of any performer, dancer, employee, agent, model or other person, collectively and individually referred to as "Entertainer," in any place of entertainment who engages in any specified sexual activity (as that term is defined in Section 9.53.020 of this code) not otherwise prohibited by local, state or federal law, or who exposes any specified anatomical part (as that term is defined in Section 9.53.020 of this code) not otherwise prohibited by local, state or federal law, or who performs in attire commonly referred to as pasties or G-string, or any other opaque covering which does not expose the areola or nipples of the female breast, and while covering the natal cleft and pubic area covers less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area.

"Owner" or "permit holder" or "permittee" means any of the following:

1. A sole proprietor or individual(s) who own(s) or operate(s) a place of entertainment;

2. All general partners of a partnership which owns or operates a place of entertainment;

3. All persons who hold a controlling interest in a corporation, or other limited liability entity which owns or operates a place of entertainment;

4. All persons issued a permit by the city.

"Place of entertainment" means any business establishment or concern open to members of the public, with or without charge, in which entertainment is offered or performed.

(Ord. 597 § 1(part), 2006).

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

A. For the use of a radio, record or compact disc player, jukebox, television or other electronic playback device in any establishment, except when utilized by an announcer or disc jockey who at any time provides any form of vocal entertainment, including the announcing of song titles or artists' names in conjunction therewith;

B. For entertainment conducted in connection with a regularly established motion picture theatre, public park, primary or secondary schools, circus or fairground;

C. For entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent, charitable, educational or literary purposes, having an established membership, and which holds meetings at regular intervals of not less than once per three-month period, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society or association.

(Ord. 597 § 1(part), 2006).

Applicants for entertainment permits shall file a written, signed and verified application with the city manager, or his or her designee, showing:

A. The name and permanent address of applicant, a California driver's license number and any and all aliases;

B. The enterprise name and/or any other business name, and business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residential address of each of the officers, directors, and each stockholder owning ten percent of the stock of the corporation or more. If the applicant is a partnership, the application shall show the names and residence addresses of each of the members, including limited partners;

C. The name under which the entertainment enterprise is to be operated;

D. The telephone number of the enterprise, and the address and legal description of the parcel of land on which the enterprise is located;

E. A detailed description of the proposed entertainment, including the type of entertainment, number of persons engaged in the entertainment, anticipated occupancy, and any further information about the entertainment or entertainers, which may be necessary in light of the proposed entertainment;

F. A site plan describing the building and/or unit proposed for the entertainment establishment and a fully dimensioned interior floor plan;

G. The date, hours, total duration of the event, and location where the entertainment is proposed to be conducted, and the admission fee, if any, to be charged;

H. The name or names of the person or persons responsible for the management or supervision of applicant's business and residence address thereof;

I. A statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with such entertainment, including whether or not alcohol will be served as part of such business;

J. Whether or not the applicant or any person or persons responsible for the management or supervision of the applicant's business have been, within the previous five years, convicted of a felony, the nature of such offense, and the sentence received therefor, including conditions of parole or probation, if any;

K. Whether or not the applicant has ever had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency;

L. A statement under oath that the owner has personal knowledge of the information contained in the application and that the information contained is true and correct;

M. A statement that the owner has read and understands the provisions of this chapter;

N. A statement whether the owner previously operated in this or any other county, city or state under an entertainment establishment license/permit or similar business license/permit, including, but not limited to, an adult business license/permit, and whether the owner has ever had such a license or permit revoked or suspended, the reason therefor, and the business entity or trade name under which the owner operated that was subject to the suspension or revocation;

O. If the premises are being rented or leased or being purchased under contract, a copy of such lease or contract shall accompany the application;

P. Such other reasonable information which may be necessary in light of the proposed entertainment.

(Ord. 597 § 1(part), 2006).

A. Upon receiving an application for an entertainment permit, the city manager or designee shall conduct an investigation to determine if the proposed business is in compliance with the provisions of this chapter. The city manager or designee shall, within thirty calendar days of receipt of a complete permit application, approve and issue the permit if all the requirements of this chapter have been met. If the city manager or designee determines that the application does not satisfy the requirements of this chapter, he or she shall deny the application.

1. The applicant shall be served with written notice within ten business days of the decision. Notice shall be personally served or served by deposit in the United States mail, first class postage prepaid, at the address shown on the application. Service shall be deemed complete upon personal service or deposit in the United States Post Mail.

2. The city manager or designee shall take all lawful steps to insure that any applicant whose permit has been denied pursuant to this section shall be afforded prompt judicial review of the city manager's or designee's decision to deny the permit.

B. Standards for Approval of Permit. The city manager or designee shall approve and issue an entertainment permit if the application and evidence submitted show that:

1. The place of entertainment is proposed to be located in a zone permitting the proposed use under Title 17 of this code;

2. For up to fifty patrons, at least one security guard will be on duty, patrolling, among other areas, the grounds and parking areas at all times while the business is open. An additional security guard shall be on duty for every additional fifty patrons on the premises. The security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this chapter. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, or admittance person while acting as a security guard;

3. Notwithstanding subsection (B)(2) of this section, all persons conducting a public dance or any entertainment where dancing by patrons or customers is permitted 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 dance area in excess of one hundred square feet is available or designated for dancing by customers or patrons;

4. The premises within which the entertainment is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property or public right-of-way or within any other building or other separate unit within the same building, nor should any noise violate Chapter 9.28 of this code;

5. All entertainment described within Section 5.36.020 of this chapter complies with the additional regulations in Section 5.36.055 of this chapter;

6. All signage conforms to the standards applicable to the zone;

7. Every place of entertainment shall have a manager on the premises at all times when entertainment is performed;

8. The place of entertainment must not operate or be open between the hours of two a.m. and seven a.m.

(Ord. 597 § 1(part), 2006).

The following regulations shall apply to all "entertainment" as defined in Section 5.36.020 of this chapter:

A. If the place of entertainment is licensed to serve alcoholic beverages, the permittee shall abide by the rules and regulations set forth in the California Department of Alcoholic Beverage Control and the regulation of alcoholic beverage establishments as provided for in this code;

B. Stage or entertainment areas shall not be open to view from outside the premises;

C. All areas of the place of entertainment accessible to patrons shall be illuminated at a minimum of two foot-candles, evenly distributed at ground level;

D. No permit shall be valid for more than a one-year period of time.

(Ord. 605 § 2, 2006; Ord. 597 § 1(part), 2006).

A. If an applicant is aggrieved by any action or failure to act upon the part of the city manager or designee in issuing, failing to issue, suspending or revoking any permit under this chapter, such applicant may appeal to the city council by filing with the city clerk a statement addressed to the city council setting forth the facts and circumstances regarding the action or failure to act on part of the city manager or designee.

B. The right to appeal to the city council from the denial, suspension or revocation of any permit required by this chapter shall terminate upon the expiration of fifteen business days following the deposit of a certified letter in the United States Post Office advising the applicant of the action of the city manager or designee and of his or her right to appeal such action to the city council.

C. The hearing shall be held within twenty business days of the receipt by the city clerk of the appeal, or at the next regularly scheduled city council meeting, whichever is sooner.

D. After the application has been set for hearing, notice shall be given, per applicable requirements, of proposed or actual location of the applicant's business. For the purposes of this section, notice to property owners shall be sufficient if given to those property owners who appear as such on the most recent equalized assessment roll prepared by the county of Los Angeles. Additionally, the city manager or designee shall cause a public notice to be posted at the location where the business or entertainment is to be conducted. All notices provided for in this section shall be in the form and manner as prescribed by the city manager or designee. The applicant shall bear all costs and expenses in mailing, printing and posting such notices and shall pay such costs to the city prior to the time set for public hearing on the pending application. Failure to pay such costs by the applicant shall be grounds for denial of the application. The costs to the applicant shall be provided for in the city's fee schedule.

E. At the time and place set for public hearing as to any application, and as may be continued from day to day, the city council shall hear and determine all the facts and evidence relevant to the applicant and supervisory employees, as well as the entertainment proposed, including the nature and location of the proposed entertainment.

F. The city council may preside over the hearing on appeal or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence, and submit to the city council findings and recommendations to be considered by the city council.

G. The city council shall render its decision within five business days from the date of the hearing or, in the event that a hearing officer has been appointed, within five business days from the date the city council receives the findings and recommendations of the hearing officer. The decision of the city council shall be final.

(Ord. 597 § 1(part), 2006).

At the conclusion of the hearing or investigation, such decision shall be set forth in a resolution making necessary findings which shall be adopted within thirty calendar days after such decision is rendered. The city manager, or designee, or, on appeal, the city council, may deny such application if it is found and determined that any of the following exist:

A. The premises or establishment is likely to be operated, or is operating, or has been operating, in an illegal, improper or disorderly manner;

B. The applicant or any other person associated with him or her as principal or partner, or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has been convicted in court of competent jurisdiction of any offense involving the presentation, exhibition or performance of any obscene show of any kind, or of a felony, or has had any approval, permit or license issued in conjunction with the sale of alcohol or the provision of entertainment, revoked within the preceding five years;

C. That granting the application would create a public nuisance;

D. That the normal operation of the premises would interfere with the peace and quiet of any surrounding residential neighborhood;

E. The applicant has made any false, misleading, or fraudulent statement of material fact in the required application, or other document provided to the city;

F. That the applicant has not or cannot meet the standards of approval as required by any code, law, statute or regulation, including, but not limited to, the requirements of this chapter or the city zoning code.

(Ord. 597 § 1(part), 2006).

The city manager, or designee, or the city council on appeal, in granting any permit may also impose such reasonable conditions as to the use or extent of such permit as may be required pursuant to Section 17.80.040 of this code.

(Ord. 597 § 1(part), 2006).

A. After notice and hearing pursuant to Section 5.36.060 of this chapter, the city manager, or designee, may suspend or revoke any permit granted pursuant to this chapter if he or she finds and determines that any permittee, agent or employee thereof, or any person connected or associated with the permittee as partner, director, officer, general manager, or other person who is exercising managerial authority of, or on behalf of, the permittee or any entertainer acting under the authority of such permit:

1. Made any false, misleading or fraudulent statement of material fact in the application for permit, or other document provided to the city;

2. Violated any provision of this chapter or any statute, ordinance, or condition relating to the permitted activity;

3. The permittee has ceased to meet the requirements for issuance of permit, including, but not limited to, the violation of any rules, regulations or conditions imposed upon the permittee's business or permit;

4. Is convicted of a felony;

5. Convicted of a misdemeanor occurring upon, or relating to the premises or lot upon which the place of entertainment is located, which offense is classified by the state as an offense involving a sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647;

6. If, on two or more occasions within a twelve-month period, a person or persons has or have been convicted of a felony or misdemeanor for an offense set forth in subsection (A)(5) of this section as a result of such person's activity on the premises or property on which the place of entertainment is located, and the person or persons were employees, contractors or agents of the place of entertainment at the time the offenses were committed;

7. If the permit holder or his or her authorized agent has knowingly allowed prostitution, or solicitation for prostitution, on the premises;

8. Conducted a permitted business in a manner contrary to the peace, health, safety and general welfare of the public, including, but not limited to, music or noise from the establishment, for which the permit was issued, which interferes with the peace and quiet of the neighborhood; or

9. Demonstrated a lack of fitness to be trusted with the privileges granted by such a permit.

B. The decision of the city manager, or designee, shall be set forth in a statement of decision, which shall be adopted within thirty calendar days of the date of such decision and shall be final unless appealed in accordance with the provisions of Section 5.36.060 of this chapter.

(Ord. 597 § 1(part), 2006).

The fee for an entertainment permit shall be as set forth by resolution of the city council, payable annually on or before the anniversary date of each and every year after the original permit is approved. Such permit shall be in addition to any business license, or other permits or license fees which may be required by the city code.

(Ord. 597 § 1(part), 2006).

No entertainment permit shall be sold, transferred, or assigned by any permit holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and 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 be thereafter null and void. A permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. The permit shall be valid only for the exact location specified in the permit.

(Ord. 597 § 1(part), 2006).

All persons engaged in providing entertainment in the city prior to the effective date of the ordinance codified in this chapter shall be subject to the provisions of Chapter 17.76 of this code.

(Ord. 597 § 1(part), 2006).

Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and may be abated pursuant to Section 1.12.040 of this code, and further constitutes a misdemeanor subject to the provisions of Section 1.12.010 of this code.

(Ord. 597 § 1(part), 2006).

In the event that any prohibition set forth in this chapter is held to be invalid or unenforceable by a court of competent jurisdiction, such prohibition shall be severed from this chapter, the remainder of which will remain in full force and effect.

(Ord. 597 § 1(part), 2006).