La Puente Municipal Code Ch. 5.24 Entertainment

Sections:

• 5.24.010 Effect of adult entertainment regulations.

• 5.24.020 Permit required.

• 5.24.030 Definitions.

• 5.24.040 Class 1 entertainment permit—Condition.

• 5.24.050 Additional information required for application.

• 5.24.060 Operating requirements.

• 5.24.070 Manager or entertainment promoter’s permit.

• 5.24.080 Additional grounds for modification, revocation or suspension.

*Prior ordinance history: Ord. 1 §§ 4601—4631, Ords. 91, 316 and 644.

Any permittee who causes or allows to be caused entertainment to occur which falls within any of the categories of “adult entertainment business,” as defined in Section 5.12.020 of this title, shall immediately have his or her entertainment permit revoked. No entertainment shall take place at the establishment until the former permittee or the owner or operator of the establishment applies for and receives all permits required under Chapter 5.12 of this title.

(Ord. 788 § 6 (part), 1999)

No person shall promote, engage in, conduct or carry on entertainment without a permit issued pursuant to Chapter 5.08 of this title. If any of the provisions of Chapter 5.08 of this title conflict with the provisions of this chapter, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter.

(Ord. 788 § 6 (part), 1999)

For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

Class 1 Entertainment Permit. Every person conducting or permitting any entertainment shown, staged, performed, exhibited or produced in any restaurant, hotel, cafe, cabaret, club, barroom, beer hall, beer garden, or any place where any alcoholic beverage is sold or offered for sale to patrons of such place for consumption of such on the premises, shall obtain a Class 1 entertainment permit.

Class 2 Entertainment Permit. Every person operating, conducting or managing any place where food or beverages (other than alcoholic beverages) are sold, offered for sale, or given away, or any place where music or entertainment is provided or furnished shall obtain a Class 2 entertainment permit. A Class 2 entertainment permit is not required of any bona fide charitable, religious, benevolent, or education organization or united service organization.

“Director” means the community development director of the city of La Puente, or his or her designee.

“Entertainment” means any act, burlesque show, fashion show, revue, play, pantomime, scene, song, dance act, song and dance act, movie, exhibition, dancing for compensation, or poetry recitation, performed for the benefit of the public at a private or public establishment. “Entertainment” does not include:

(1) Instrumental or mechanical music alone;

(2) A special dance, teenage dance, public dance or private dance for which a permit was obtained under Chapter 5.22 of this title and is currently in effect. This section does not exempt exhibition dancing whether by an entertainer or patron; or

(3) Square dance calling or other oral instruction to patrons participating in any dancing described in paragraph (2) of this definition.

“Entertainment promoter” means an individual or organization who uses the facilities of another owner to organize, oversee, or otherwise promote entertainment. When more than one promoter is involved in promoting one event, they shall decide among themselves which ones shall be considered the entertainment promoter for the purposes of this chapter.

“Establishment” means the property or premises identified in the permit application as the location for the entertainment.

“Manager” means any individual designated as responsible for the entertainment taking place at an establishment and who is employed by the owner or lessor of the establishment offering the entertainment.

“Permittee” means any person with a permit to allow entertainment to take place in an establishment.

“Person” means any individual, firm, business, partnership, corporation, cooperative, company, association, joint stock association, church, religious sect, religious denomination, society, organization, or league and shall include any trustee, receiver, assignee, agent, solicitor, or other similar representative thereof.

(Ord. 788 § 6 (part), 1999)

The class 1 entertainment permittee is not eligible to receive an entertainment permit until it has applied for and received all permits and licenses required by the city and the Department of Alcoholic Beverage Control to operate an establishment which serves alcohol.

(Ord. 788 § 6 (part), 1999)

In addition to the information required in Section 5.08.030(a) of this title, an applicant for a Class 1 or Class 2 entertainment permit shall furnish the following information:

(a) The address of the establishment and the location in the establishment where the entertainment will take place;

(b) The names and addresses of the persons who have authority or control over the establishment and a brief statement of the nature and extent of such authority or control;

(c) The names and addresses of each of the owners of the establishment, if the applicant is leasing the establishment;

(d) A detailed statement of the type of entertainment which will be conducted at the establishment;

(e) The hours of operation; and

(f) Whether the application is for a Class 1 or Class 2 entertainment permit.

(Ord. 788 § 6 (part), 1999)

(a) Hours of Operation—Generally. No entertainment of any sort other than mechanical music may be conducted in the establishment between the hours of two a.m. and six a.m.

(b) Entrance Doors To Be Unlocked. No entertainment may be conducted in an establishment which does not provide unlocked doors with free and easy ingress and egress while patrons are in the establishment.

(c) Lighting. Every establishment shall be lighted throughout to an intensity of not less than three footcandles during all hours of operation except while the floor show is in progress.

(d) Parking Lot. Every person operating an establishment who owns, operates or controls any parking lot adjacent to such establishment, and used in connection therewith, shall adequately and uniformly light such parking lot to an intensity of not less than two footcandles.

(e) Obscene Performances Prohibited. No entertainment, for which a permit is required by this section, may be conducted if any person participating in the entertainment performs any lewd or obscene acts which are prohibited under the California Penal Code or the State Alcoholic Beverage Control Act.

(f) Manager on Premises. All establishments with any entertainment permit (Class 1 or Class 2) shall have a responsible person on the premises to act as manager at all times during which the establishment is open. Such manager shall obtain a permit in accordance with the provisions of Section 5.24.070 of this chapter.

(g) Attire of Customers and Employees. No person shall enter, be or remain in any establishment, except when specified anatomical areas, as defined in Section 5.12.020(r) of this title, are completely covered and not visible to the human eye.

(h) Security. The owner and/or promoter shall provide and employ uniformed security guards as necessary on-site and at off-site parking locations to address noise, traffic, and safety concerns. A security plan shall be submitted for review and approval by the Los Angeles County sheriff’s department.

(Ord. 788 § 6 (part), 1999)

A manager and an entertainment promoter must both obtain a permit issued pursuant to Chapter 5.34 of this title. An entertainment promoter must also obtain a separate permit for each establishment.

(Ord. 788 § 6 (part), 1999)

(a) In addition to the grounds set forth in Section 5.08.110 of this title, any permit issued pursuant this chapter may be modified, suspended or revoked if the permittee violates any of the provisions of this chapter on two separate occasions within a twelve-month period; or

(b) The failure of a manager or an entertainment promoter to obtain a permit for any entertainment or establishment is grounds for revocation of the entertainment permit of the establishment where the entertainment took place.

(Ord. 788 § 6 (part), 1999)