La Mirada Municipal Code Ch. 4.35 Amusement and Entertainment

No person shall operate, conduct, or manage any business in which any form of entertainment is provided or proposed to be provided without first obtaining an entertainment permit pursuant to the provisions of this chapter. No entertainment permit will be granted where the structure in which the entertainment is proposed to be conducted is located within one hundred feet of any residential zone.

(Ord. 552 § 2, 2000: Ord. 383 § 2 Ex. A (part), 1986).

"Entertainment" means every form of live entertainment, music, solo band or orchestra, act, play, burlesque show, fashion show, review, pantomime, scene, song or dance, act or 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, and shall include any of such forms of live entertainment when used in connection with, or as a means to attract the patronage or hold the attention of such guests or patrons for the purpose of advertisement, demonstration, display or sale of goods, wares, merchandise or services.

(Ord. 383 § 2 Ex. A (part), 1986).

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

(1) For the use of a radio or music recording machine, juke box in any establishment;

(2) For any entertainment provided for members and their guests at a private club where admission is not open to the public;

(3) For entertainment conducted in connection with a regularly established motion picture theater, recreation park, circus or fairground;

(4) For 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 such entertainment at regular intervals, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society or association;

(5) For entertainment solely consisting of the playing of a single, unamplified musical instrument for the amusement of guests or patrons of an establishment;

(6) For entertainment conducted solely on or at any premises or location which is owned or operated by, or leased by, to or from the United States, state of California, county of Los Angeles, or any agency or subdivision thereof.

(Ord. 552 § 3, 2000; Ord. 383 § 2 Ex. A (part), 1986).

Each applicant for an entertainment permit shall file a written application, signed under penalty of perjury, with the finance director, providing the following:

(1) The name and permanent address of applicant;

(2) The name and proposed 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 residence address of each of the officers, directors and each stockholder owning not less than twenty-five percent of the stock of the corporation. If the applicant is a partnership, the application shall show the names and residence addresses of each of the members, including limited partners;

(3) A detailed description of the proposed entertainment, including type of entertainment, number of persons engaged in the entertainment, and any further information as the city may deem necessary;

(4) Days and hours during which the entertainment is proposed to be conducted;

(5) The name or names of the person or persons having the management or supervision of applicant's business and of any entertainment;

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

(7) Whether or not any person or persons managing or supervising the applicant's business have been convicted of any crime, the nature of such offense, date of conviction, and the sentence imposed therefor;

(8) Such other reasonable information as to the identity of the person or persons managing or supervising that applicant's business, as the city may deem necessary;

(9) A nonrefundable administration fee in such amount as may be established by resolution of the city council;

(10) A diagram of the interior premises showing the precise location of the proposed entertainment and a site plan showing the precise location of the structure in which the entertainment is proposed to be conducted including all structures within three hundred feet;

(11) A written statement or other evidence satisfactory to the finance director establishing that the owner of the premises upon which the entertainment is proposed to be conducted consents to the provision of live entertainment thereon, as applied for by the applicant; and

(12) Evidence satisfactory to the finance director establishing that the applicant has or will have in effect at all times while the proposed entertainment is being conducted, commercial general liability insurance coverage limits as required by the city providing protection to members of the public while on the permitted premises.

(Ord. 552 § 4, 2000; Ord. 383 § 2 (part), 1986).

After a complete application for an entertainment permit has been filed with the finance director, he shall cause an investigation of such application to be made, and if found to comply with the requirements of this chapter, it shall be forwarded to the permit review board for review. Within forty-five days of receipt of the application by the city, the permit review board shall provide its recommendation to the city council, and the finance director shall set the matter for public hearing and provide written notice to the applicant of the date and time of such hearing.

(Ord. 552 § 5, 2000; Ord. 383 § 2 Ex. A (part), 1986).

After the finance director has set the application for hearing, he shall cause notice of the hearing to be given to all property owners within three hundred feet of the 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 last equalized assessment roll on file with the city. Additionally, the finance director 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 determined by the finance director. The applicant shall bear all costs and expenses in mailing, printing, publishing and posting such notices and shall pay such costs to the city prior to the time set for public hearing as to his application. Failure to pay such costs by the applicant shall be grounds to deny his application.

(Ord. 383 § 2 Ex. A (part), 1986).

At the time and place set for public hearing, the city council shall consider all facts and evidence relevant to the nature and location of the proposed entertainment and the ability and qualifications, including but not limited to, any prior related history, of those who will conduct, manage, or supervise the proposed entertainment.

(Ord. 552 § 6, 2000; Ord. 383 § 2 Ex. A (part), 1986).

At the conclusion of the hearing, the city council shall grant or deny the application. The city council shall deny the application if it finds any of the following:

(1) The conduct of the establishment or the granting of the application would tend to adversely affect the public health, safety, or welfare; or

(2) The establishment has been, is being, or would likely be, operated in an illegal, improper, or disorderly manner; or

(3) The applicant, owner, or any other person associated with the applicant or owner as principal or partner, or in a position or capacity involving partial or total control over the conduct of the establishment, has, within the previous ten years been convicted of any offense involving the presentation, exhibition, or performance of entertainment found by a court to be obscene, or of any other crime involving fraud or deceit upon any member of the public, in conjunction with the operation of a similar kind of establishment or the provision of entertainment; or

(4) That granting the application would tend to create or contribute to a public nuisance; or

(5) That the operation of the establishment would tend to interfere with the peace and quiet of, or would otherwise tend to adversely affect, any residential neighborhood, business or other lawful use of property. For purposes of this subsection, the city council may consider the proximity of other permittees and if another permittee is determined to be located within one thousand feet of the location of the proposed entertainment, it shall deny the permit unless it finds that the granting of an additional permit will not tend to adversely affect any lawful use of property; or

(6) That the granting of the application would tend to have a substantial adverse impact on traffic flow anywhere in the city; or

(7) Existing, available parking is or would be insufficient if the application is granted.

(Ord. 552 § 7, 2000; Ord. 383 § 2 Ex. A (part), 1986).

After the public hearing as to any application, the city council in granting any permits may also impose such reasonable conditions as to the use or extent of such permit as it deems appropriate.

(Ord. 383 § 2 Ex. A (part), 1986).

After notice and hearing, the city council may suspend or revoke any permit granted pursuant to this chapter if the city council finds and determines that any permittee, his agent or employee, 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 in behalf of the permittee, or any entertainer, acting under the authority of such permit:

(1) Made any false, misleading or fraudulent statement of a material fact in the application for permit, or any report or record required to be filed pursuant to this chapter; or

(2) Violated any provision of this chapter, statute, ordinance, or regulation related to the permitted activity or is conducting, or has conducted, the operation of the establishment in such a manner as to constitute a violation of the La Mirada Municipal Code; or

(3) Is convicted of any offense involving the presentation, exhibition, or performance of entertainment found by a court to be obscene, or of any crime involving fraud or deceit upon any member of the public, in conjunction with the operation of the establishment or the permitted activity; or

(4) Violated any rules, regulations or conditions adopted by the city council relating to the permittee's business or permit; or

(5) Conducted a permitted business in a manner contrary to the peace, health, safety and general welfare of the public; or

(6) Has otherwise engaged in any activity which would constitute grounds for denial of a permit under this chapter.

(Ord. 552 § 8, 2000; Ord. 383 § 2 Ex. A (part), 1986).

Notwithstanding any provision of this chapter, each deemed complete application for an entertainment permit shall be finally approved or denied within sixty days of receipt by the finance director.

(Ord. 552 § 9, 2000; Ord. 383 § 2 Exh. A (part), 1986).

Except as provided herein, each permit granted hereunder shall be valid for a period of four years following the date of approval. Upon expiration, a new permit is required to be applied for and received in order to continue to provide entertainment at the authorized location. Each permit is issued to the applicant business entity. No entertainment permit is transferable. Each current permit shall terminate and be void immediately upon: (i) a change of ownership or sale or other transfer of the business entity to which the permit was issued. A “change of ownership” includes, but is not limited to, sale or conveyance of more than fifty percent (50%) ownership interest in the business entity to which the permit was issued; or, (ii) relocation of the business where the permit authorized entertainment.

(Ord. 732 § 1, 2024; Ord. 552 § 10, 2000; Ord. 383 § 2 Ex. A (part), 1986).

Notwithstanding any other provision of this code, any interested party may seek judicial review of a final city decision regarding the issuance, denial, suspension or revocation of a permit to conduct an activity protected by the First Amendment of the United States Constitution in accordance with the terms and procedures set forth in the California Code of Civil Procedure Section 1094.8.

(Ord. 552 § 11, 2000).