Long Beach Municipal Code Ch. 5.72 Entertainment and Similar Activities

A. No person shall carry on, maintain or conduct any entertainment activity in the City without first obtaining a permit therefor from the City.

B. Entertainment provided at a private residence for the monetary gain of any person is prohibited. However, this prohibition is in no way intended to infringe on the rights of private persons to engage in the activities regulated by this Chapter at their residence for private, as opposed to commercial, purposes.

(Ord. C-7423 § 26, 1996)

A. "Entertainment activity" means any activity conducted for the primary purpose of diverting or entertaining a clientele in a premises open to the general public. Such activity shall include, but shall not be limited to, dancing, whether by performers or patrons of the establishment, live musical performances, instrumental or vocal, when carried on by more than two (2) persons or whenever amplified; musical entertainment provided by a disc jockey or karaoke, or any similar entertainment activity involving amplified, reproduced music.

B. "Adult entertainment activity" means the presence of any performer, dancer, employee, agent, model or other person in any place of entertainment who engages in any specified sexual activity (as that term is defined in Section 21.15.110 of this Code), who exposes any specified anatomical part (as that term is defined in Section 21.15.110 of this Code), or who performs in attire commonly referred to as pasties or a g-string, or any other opaque covering which does not expose the areola or nipples of the female breast, and/or covering the natal cleft and covers one inch (1") or less on either side of the entire length of the natal cleft and two inches (2") or less across the pubis from the end of the natal cleft to the top of the pubic bone.

(Ord. C-7713 § 1, 2000: Ord. C-7423 § 26, 1996)

A. All applications for entertainment permits, other than adult entertainment activity as that term is defined in Subsection 5.72.115.B shall be filed with the Director of Financial Management on such forms as he or she may prescribe, and shall contain the following:

1. The name and permanent address of the applicant and all other persons having a financial interest in the operation of the entertainment, business or premises where the entertainment is to be located;

2. A description of the proposed entertainment, including the maximum number of persons who are expected to be present within the entertainment establishment at any one time;

3. The proposed opening date and hours of operation of the entertainment establishment;

4. For special or limited duration events, the date or dates, hours and location of the proposed entertainment;

5. The proposed security arrangements for the control of patrons;

6. The name or names of the person or persons having management or supervision authority over the proposed entertainment, or any business or premises wherein the entertainment is proposed to be located;

7. Whether or not the applicant or any other responsible person(s) have been convicted of a misdemeanor involving moral turpitude or a felony offense within the past five (5) years, the nature of such offense(s), and the sentence(s) received therefor;

8. Written consent for the proposed entertainment on the premises from the owner of the property on which the entertainment is to be conducted;

9. Such other information as the Director of Financial Management shall deem necessary for the proper processing and review of the application.

B. The person whose signature appears on the application shall attest that he or she are a duly authorized representative of the applicant and that the information contained in the application is true and correct.

C. The application shall be filed under penalty of perjury. False statements therein will constitute grounds for denial, suspension or revocation as applicable.

D. An incomplete application shall not be accepted for processing.

E. A nonrefundable investigation and notification fee, as set by City Council resolution, shall be paid to the City at the time the application is filed.

F. Change in contents. Any change in any information in the application which occurs after the application has been filed, and prior to City Council approval, must be submitted in writing to the Director of Financial Management within ten (10) calendar days after the change has occurred.

G. Investigation. On receipt of a complete application, the Director of Financial Management shall refer it to all concerned City departments for investigation. Such departments shall file their reports and recommendations regarding the approval or denial of the permit with the Director of Financial Management within sixty (60) days after the application is filed, except where circumstances beyond the control of the City justifiably delay such response.

H. Hearing notices.

1. The Director of Financial Management shall transmit the application, together with the reports and recommendations of the City departments, to the City Council for hearing and shall notify the applicant of the date, time and place of the hearing which shall be held before the City Council on the first available hearing date.

2. Prior to scheduling the hearing, the Director of Financial Management shall give the applicant notice of the recommendations of the City departments.

3. Notice of the time and place of the hearing shall also be given:

a. By mail to each owner of property within three hundred feet (300') of the site of the proposed activity;

b. By mail to occupants of property within three hundred feet (300') of the site of the proposed activity;

c. By posting the property in a conspicuous location at the site of the proposed activity.

The applicant shall pay all costs of such notice in the manner prescribed by the City's Director of Financial Management.

4. At the hearing, the City Council shall approve the issuance of the entertainment permit if they find:

a. That issuance of the permit and conduct of the entertainment at the proposed location, as conditioned, is consistent with federal, state and local laws, rules, regulations and any existing special permit(s);

b. That issuance of the permit at the proposed location, as conditioned, will not constitute an undue burden on the neighborhood because of its proximity to residences, inadequate parking or other neighborhood circumstances and will not interfere with the reasonable use and enjoyment of the neighborhood by its residents;

c. Whether or not the applicant or any other responsible person(s) have been convicted of a misdemeanor involving moral turpitude or a felony offense within the past five (5) years, the nature of such offense(s), and the sentence(s) received therefor;

d. Neither the applicant or any responsible person or principal of the applicant has a history of committing, permitting or failing to prevent significant violations of the City code, or any license or permit, in connection with an entertainment establishment for which he or she is or was a responsible person;

e. It does not appear, based upon the information before the City Council, that the applicant has provided false or misleading material information in the application.

I. Where the Director of Financial Management does not recommend approval of a permit, the Director of Financial Management shall inform the applicant of the reason(s) for the denial in writing prior to the date the permit is scheduled for City Council consideration.

J. In issuing the permit, the City Council may impose conditions relating to the operation of the entertainment establishment. Conditions may relate to:

1. The days, hours and location of operation;

2. Restrictions designed to prevent minors from obtaining alcohol, such as separate entrances, exits, and restroom facilities on the premises;

3. The number and age of persons allowed on premises;

4. Whether licensed security guards are required, and if so, how many;

5. Specific measures the permittee must undertake to control the conduct of patrons so as to prevent or minimize disorderly conduct within the establishment;

6. Specific measures the permittee must undertake to remove trash attributable to the establishment or its patrons in and around the establishment, the surrounding neighborhood and the public right of way;

7. Specific measures the permittee must undertake to prevent the entertainment and its patrons from disturbing the peace and quiet of the surrounding neighborhood;

8. Specific measures the permittee must undertake to provide video camera surveillance of public areas, including but not limited to the front and rear of the business with full view of the public rights-of-way and any parking lot under the control of the permittee. The video system must be capable of delineating on playback the activity and physical features of persons and areas within the exterior of the premises. Recordings shall be accessible via the Internet by the Long Beach Police Department;

9. Specific measures the permittee must undertake to prevent its patrons from engaging in disorderly conduct in the surrounding neighborhood;

10. Whether the Director of Financial Management must receive advance notice of the date of a particular event if that event is not held as part of the regularly scheduled events of the business; or

11. Other matters related to public health, safety and welfare.

K. Conditions shall be based on specific and articulable facts reasonably related to insuring the public health, safety and welfare, including, but not limited to, the protection of minors from alcohol and other criminal activity, the conservation of limited City public safety resources and the prevention of public nuisance activity that detracts from the peace and quiet of residential neighborhoods.

L. Conditions shall be listed on, or attached to, the permit.

M. The City Council shall give the permittee an opportunity to review any proposed conditions and the City Council shall consider the input of the permittee prior to imposing those conditions.

N. Conditions may not be imposed that conflict with any local, state or federal law, or that conflict with the permittee's ABC license. Nothing in this Subsection is intended to prevent the City Council from imposing any condition related to the age of patrons inside an ABC establishment if the ABC license does not address that issue. The intent of this Subsection is to allow the sale and service of food to minors in a bona fide public eating place (ABC license types 41, 47 and various club licensed premises) with reasonable conditions placed on the permit to prevent curfew violations and protect the minors from alcohol and other criminal activity.

O. The City Council may require the applicant to demonstrate compliance with applicable existing special permits prior to issuance of the permit or may issue the permit conditioned upon the applicant obtaining any other additional necessary special permit or other city, county or state approval.

P. No condition may be imposed pursuant to this Chapter that suppresses or regulates expression in any manner contrary to law.

Q. Imposition of any particular condition is appealable through the procedures set forth in Section 5.06 of the Long Beach Municipal Code.

R. Notwithstanding City Council approval of the application for the permit, the applicant shall not operate until a permit is actually issued by the Director of Financial Management. Upon approval of the application, the Director of Financial Management shall issue the permit, provided that the applicant has met all conditions imposed by any City department, has complied with all applicable laws, and has paid the applicable license tax and permit fees. The applicant shall have a maximum one hundred eighty (180) days after City Council approval to meet all applicable conditions. Failure to do so within that period shall render the City Council approval void, unless an extension of the compliance period is granted by the City Council before the compliance period has expired.

(ORD-12-0021(Emerg.), § 1, 2012; ORD-12-0018(Emerg.), § 1, 2012; Ord. C-7747 § 1, 2001; Ord. C-7434 § 1, 1996; Ord. C-7423 § 26, 1996)

A permit issued pursuant to this Chapter shall be valid for an indefinite duration, subject to administrative review by Financial Management every two (2) years. If grounds exist for modification, revocation or suspension of the permit, a hearing shall be held for that purpose. This provision does not affect the City's ability to modify, revoke or suspend a permit at any time pursuant to Section 5.72.145 of the Long Beach Municipal Code.

(ORD-12-0021(Emerg.), § 2, 2012; ORD-12-0018(Emerg.), § 6, 2012)

A permit issued prior to the effective date of the Ordinance codified in this Section shall be valid until the expiration date specified in the permit. Thereafter, permittees shall be subject to the provisions of this Chapter. Nothing in this Subsection shall interfere with the City's ability to modify, revoke or suspend a permit at any time pursuant to Section 5.72.145 of the Long Beach Municipal Code.

(ORD-12-0021(Emerg.), § 3, 2012; ORD-12-0018(Emerg.), § 7, 2012)

A. Any business or establishment desiring a permit required by this Chapter to provide adult entertainment as described in Subsection 5.72.115.B, shall complete and file the application form supplied by the City and shall accompany the form with the fee established by resolution of the City Council, which fee shall be no more than necessary to cover the costs of processing and investigating the application.

B. Application requirements. The application form shall require and the applicant shall provide information which includes the following:

1. The business owner's name, residence street address and mailing address, if different, and any and all aliases;

2. The name under which the entertainment business is to operate;

3. The telephone number of the entertainment business and the address and legal description of the parcel of land on which the entertainment business is to be located;

4. The date on which the owner acquired the enterprise for which the permit is sought and the date on which the enterprise began or will begin operations at the location for which the permit is sought;

5. 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, and whether the applicant has ever had such a license revoked or suspended and the reasons therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation;

6. If the owner is a corporation, all of the aforementioned information shall be provided for each officer and director of the corporation as well as for any person, or other entity holding over fifty percent (50%) of the shares of the corporation;

7. If the owner is a partnership, the aforementioned information shall be provided for each general partner;

8. A statement under penalty of perjury that the owner has personal knowledge of the information contained in the application and that the information contained is true and correct, and that the application has been completed under the owner's supervision;

9. An initialized list of the operational requirements of a business providing entertainment and a signed, sworn statement that the owner has read, understands and intends to comply with the aforementioned operational requirements;

10. A description of all entertainment business activities proposed to occur on the site of the entertainment business and the anticipated occupancy of the entertainment business;

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

12. If the premises are being rented or leased or are being purchased under contract, a copy of such lease or contract.

C. Within seven (7) days of receipt of an application the Director of Financial Management or designee shall determine whether the application contains all the information required by the provisions of this Chapter. If it is determined that the application is not complete, the applicant shall be notified in writing within ten (10) business days of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have thirty (30) calendar days to submit additional information to render the application complete. Failure to do so within the thirty (30) day period shall render the application null and void. Within five (5) business days following the receipt of an amended application or supplemental information, the Director of Financial Management or designee shall again determine whether the application is complete in accordance with the procedures set forth above. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five (5) business days of that fact. All notices required by this Section shall be deemed given upon the date they are either deposited in the United States Mail or the date upon which personal service of such notice is provided.

D. Issuance of permit—Investigation.

1. Determination to issue permit. Upon receipt of a completed application for the permit, the Director of Financial Management or designee shall conduct an investigation to determine if the proposed business is in compliance with the provisions of this Chapter. Within thirty (30) calendar days of a completed application having been filed, the Director of Financial Management or designee shall approve and issue the permit if all the requirements of this Section have been met. If the Director of Financial Management or designee determines that the application does not satisfy the requirements of this Chapter, he/she shall deny the application. On the day the decision is made, the applicant shall immediately be served with written notice of the decision either personally or 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 of the written notice in the United States Mail. A temporary license will automatically be issued in the event the City does not approve or deny the permit within the time period established by this Section.

2. Standards for approval of permit. The Director of Financial Management or designee shall approve and issue an entertainment permit if the application and evidence submitted demonstrates that:

a. The place of entertainment is not located within three hundred feet (300') from any residential zoning district or residential planned development district within the City; or within one thousand feet (1,000') of any public or private school (kindergarten through twelfth grade) located within the City; or within six hundred feet (600') of a City park; or within five hundred feet (500') of a church (as defined in Section 21.15.510 of the Long Beach Municipal Code); or within one thousand feet (1,000') of any other adult entertainment business; or within the areas set forth in Subsection 21.45.110.F of the Long Beach Municipal Code. All measurements set forth above shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the adult entertainment business to the nearest point on the property line of the residential zone, school, church, park or other adult entertainment business, as applicable.

b. No owner, operator or manager shall permit any entertainer or employee on the premises of the adult entertainment business to engage in a showing of the human male or female genitals, pubic hair, anus, cleft of the buttocks, or vulva with less than a fully opaque covering and/or covered male genitals in a turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered.

c. No owner, operator or manager shall permit any person to perform for patrons any entertainment except upon a stage at least eighteen inches (18") above the level of the floor which is separated by a distance of at least six feet (6') from the nearest area occupied by patrons, and no patron shall be permitted within six feet (6') of the stage while the stage is occupied by an entertainer.

d. No owner, operator or manager shall permit any person under the age of eighteen (18) years within the premises at any time during the hours of operation.

e. All indoor areas of the place of entertainment in which patrons are permitted, except restrooms, will be open to plain view, unaided by mirrors, electronic monitoring devices or other devices at all times from all public portions of the establishment.

f. At least one (1) permitted, authorized security guard shall be on duty within the premises at all times while the adult entertainment business is open for business. The security guard shall be charged with preventing violations of the 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 attendance person while acting as a security guard.

g. 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 the adjacent property or public rights-of-way or within any other building or other separate unit within the same building.

h. The place of entertainment shall have a manager on-premises at all times while the establishment is open to the public.

i. If the place of entertainment is licensed to serve alcoholic beverages, the permittee shall abide by the rules and regulations set forth by the California Department of Alcoholic Beverage Control.

j. The stage or entertainment areas shall not be open to view from outside the premises.

k. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business.

l. No exterior door or window shall be propped or kept open at any time during the hours of operation.

m. Any exterior windows shall be covered with opaque covering.

n. All areas of the place of entertainment accessible to patrons shall be illuminated at least to the extent of two (2) foot-candles, minimally maintained and evenly distributed at ground level.

o. The place of entertainment shall have a door person on the premises at all times the establishment is open to the public who shall check photo identification of all persons entering the premises to ensure that no person under the age of eighteen (18) is permitted on the premises.

p. The place of entertainment shall provide video camera surveillance of public areas, including but not limited to the front and rear of the business with full view of the public rights-of-way and any parking lot under the control of the permittee. The video system must be capable of delineating on playback the activity and physical features of persons and areas within the exterior of the premises. Recordings shall be accessible via the Internet by the Long Beach Police Department.

q. The adult entertainment business shall not operate between the hours of two o'clock (2:00) a.m. and nine o'clock (9:00) a.m.

(ORD-12-0018(Emerg.), § 2, 2012; Ord. C-7747 § 2, 2001)

A. The Director of Financial Management shall issue a temporary entertainment permit for no more than ninety (90) days to a new business or an existing business with new ownership where the previous owner had a valid entertainment permit, not involving adult entertainment as defined in Title 21 of the Long Beach Municipal Code, if he or she finds:

1. The applicant is an individual or lawfully created business entity having a valid ownership interest in the business;

2. No suspensions, denials or revocations of an entertainment permit have occurred at the location in the past twelve (12) months before the application date;

3. The applicant has also applied for a regular entertainment permit for the same location;

4. The owner of the property on which the entertainment is to be conducted has consented in writing to the application for the temporary permit.

B. A temporary permit shall automatically expire ninety (90) days from date of issuance or when an application for a regular entertainment permit is approved or denied by the City Council, whichever occurs first. Where circumstances justifiably delay the hearing before the City Council on the regular entertainment permit, the City shall grant one thirty (30) day extension of the temporary permit until the regular entertainment permit is heard by the City Council. A temporary permit may be revoked or suspended pursuant to Chapter 5.06 of the Long Beach Municipal Code.

C. At the time a temporary permit is issued, the applicant shall agree to comply with all temporary operating conditions imposed. The applicant shall also agree to hold the City harmless for liability/damages arising from any contractual agreements or investments made by the applicant which may assume the eventual issuance of an unrestricted permit.

D. The applicant shall at all times during operation under the temporary permit comply with the following conditions. In issuing the permit, the Director of Financial Management may impose conditions relating to the operation of the entertainment establishment. Conditions may relate to:

1. The days, hours and location of operation;

2. Restrictions designed to prevent minors from obtaining alcohol, such as separate entrances, exits, and restroom facilities on the premises;

3. The number and age of persons allowed on premises;

4. Whether licensed security guards are required, and if so, how many;

5. Specific measures the permittee must undertake to control the conduct of patrons so as to prevent or minimize disorderly conduct within the establishment;

6. Specific measures the permittee must undertake to remove trash attributable to the establishment or its patrons in and around the establishment, the surrounding neighborhood and the public right of way;

7. Specific measures the permittee must undertake to prevent the entertainment and its patrons from disturbing the peace and quiet of the surrounding neighborhood;

8. Specific measures the permittee must undertake to provide video camera surveillance of public areas, including but not limited to the front and rear of the business with full view of the public rights-of-way and any parking lot under the control of the permittee. The video system must be capable of delineating on playback the activity and physical features of persons and areas within the premises. Recordings shall be accessible via the Internet by the Long Beach Police Department.

9. Specific measures the permittee must undertake to prevent its patrons from engaging in disorderly conduct in the surrounding neighborhood;

10. Whether the Director of Financial Management must receive advance notice of the date of a particular event if that event is not held as part of the regularly scheduled events of the business; or

11. Other matters related to public health, safety and welfare.

E. A nonrefundable fee, as set by City Council resolution, shall be paid to the City when the application for a temporary permit is filed.

(ORD-12-0018(Emerg.), § 3, 2012; Ord. C-7423 § 26, 1996)

Editor's note— ORD-12-0018(Emerg.), § 8, adopted Dec. 4, 2012, repealed § 5.72.126, entitled "Short-term permit", which derived from: Ord. C-7434 § 2, 1996; and Ord. C-7461 § 5, 1997.

A. Unless a permit has been approved and issued by the City Council or Director of Financial Management as outlined above, any entertainment activity as defined within this Chapter requires an occasional event permit, issued by the Director of Financial Management or his/her designee pursuant to the provisions of this Section.

B. An occasional event permit shall not be issued for any premises or location more than twenty-four (24) times within any twelve (12) month period, and events for which occasional event permits are issued must be at least ten (10) days apart. This prohibition shall not apply to any parks and recreation or other City operated facility.

C. Applications for occasional event permits will be accepted for consideration only if the following requirements have been met. Failure to meet any of these requirements will render the application incomplete/void. Incomplete or void applications will not be processed:

1. The application shall be submitted no more than thirty (30) business days and no less than ten (10) business days prior to the event.

2. The applicant shall pay the filing fee, as established by resolution of the City Council, at the time the application is filed with the City.

3. All parties to the application must be at least eighteen (18) years of age.

4. The application must be accompanied by lease/rental agreements, security contracts, and any other supporting documentation as required by the Director of Financial Management.

D. An occasional event permit shall be issued by the Director of Financial Management only after he/she has determined the following:

1. The peace and quiet of the neighborhood will not be disturbed.

2. Adequate security, as determined by the Director of Financial Management, has been afforded.

a. Where professional security services have been required, a written contract must be obtained and submitted to the Director of Financial Management no less than five (5) days prior to the scheduled event.

b. The contract must contain such information as the Director of Financial Management may require, including, but not limited to:

(i) The event location;

(ii) The date and specific hours of the event;

(iii) The number of guards assigned; and

(iv) A statement that the guards will be uniformed or non-uniformed and armed or unarmed.

c. The security contract must be signed by the permit applicant and by a duly authorized representative of a private patrol operator, as licensed by the State of California Department of Consumer Affairs, who is in possession of a Long Beach City business license, issued pursuant to Chapter 3.80 of the Long Beach Municipal Code.

3. That all prerequisite requirements of other agencies or departments have been met.

4. In making a determination of whether or not to issue an occasional event permit, the Director of Financial Management may inspect the premises and site at which the event is to take place. The Director of Financial Management may also consider prior complaints, police service calls and other relevant information related to prior events on the premises.

E. An occasional event permit for a nonprofit fundraising event shall not be approved unless and until a charitable solicitation permit has been obtained pursuant to Chapter 5.28 of the Long Beach Municipal Code.

F. Where a promoter has been engaged to market, advertise or conduct the event, said promoter must obtain a City business license prior to approval of the occasional event permit. If the event is a charitable event, then the promoter must also comply with all applicable requirements of Chapter 5.28 of the Long Beach Municipal Code.

G. As a condition of occasional event permit issuance, the permittee agrees to reimburse the City:

1. Whenever excessive police services, as determined by the Director of Financial Management, are required as the result of any incident or nuisance arising out of or in connection with the permitted event; and

2. For costs associated with the removal of signs posted in connection with the event, whether or not the signs had been permitted by any City department, as outlined in Chapter 21.44 of the Long Beach Municipal Code.

H. In no event shall the issuance of an occasional event permit by the Director of Financial Management be construed as permission to disturb the peace. Permits may be denied or revoked by the City if it is determined that the event sponsor or any agent, employee or associate of any such event organizer has willfully made any false or misleading statement in an application or has not fully complied with the requirements of this Chapter or has violated any of the provisions of this Chapter or the provisions of any other applicable law, rule or regulation.

(ORD-12-0018(Emerg.), § 4, 2012; ORD-10-0016, § 1, 2010; Ord. C-7423 § 26, 1996)

A. Any permit issued pursuant to this Chapter 5.72 shall not be transferred or assigned to another person for any purpose. Any change in ownership shall require a new permit. Regardless of any change in ownership, the permittee shall be required to notify the Director of Financial Management of any change in the business name.

The following shall be deemed a change of ownership:

1. For general partnership personnel, the addition or substitution of a new partner;

2. For a limited partnership, the addition or substitution of a new partner or the addition or substitution of a general partner not listed as a partner in the application for the permit previously approved;

3. For a corporation, more than fifty percent (50%) of the shares of stock is transferred to or acquired by persons other than those designated in the application for the permit previously approved.

B. Any permit issued pursuant to this Chapter 5.72 shall not be transferred to any other location for any purpose. Any change in location shall require a new permit. The following shall be deemed a change in location:

1. Any relocation or expansion that includes a separate piece of property or parcel of land.

2. Any expansion of the initially permitted premises which represents a greater than fifty percent (50%) increase in the square footage of space devoted to public access or occupancy.

C. The lawful conduct of activity regulated by this Chapter by a permittee shall be limited to those activities expressly indicated on the permit application and approved by the City Council. Any change in entertainment activity which exceeds the parameters of the approved permit will require the approval of the City Council or, on a limited basis, the approval of an exclusive event permit, as provided within this Chapter 5.72.

D. The holder of an entertainment permit shall not allow others to use or rent his/her permitted premises for dancing or other entertainment uses. This restriction shall not apply to a location which is additionally licensed for hall rental.

(Ord. C-7423 § 26, 1996)

Any person operating under a permit issued pursuant to this Chapter shall, at all times, observe the following conditions of operations:

A. Hours. No person shall carry on, maintain or conduct any business or activity regulated by this Chapter between the hours of two o'clock (2:00) a.m. and six o'clock (6:00) a.m.; except that this restriction shall not apply on New Year's Eve or to a graduation dance sponsored by a State-accredited school.

B. Inspection. The premises where all businesses or activities are conducted pursuant to this Chapter, whether public or private, shall at all times when open be subject to inspection by the Director of Financial Management or his/her designee, all business license, health, building, and fire inspectors, and all police personnel in the pursuit of their official duties. No person shall hinder or obstruct such inspection. The purpose of the inspection is to determine whether the permitted premises is being operated in compliance with all requirements of applicable law. Delay or obstruction of such inspection may be grounds for suspension or revocation of any license or permit issued by the City.

C. Adult entertainment. Any person operating any adult entertainment business (as that term is defined in Section 21.15.110) shall, at all times, observe the following conditions of operations:

1. No owner, operator or manager shall permit any entertainer or employee on the premises of the adult entertainment business to engage in a showing of the human male or female genitals, pubic hair, anus, cleft of the buttocks, or vulva with less than a fully opaque covering, and/or the female breasts with less than a fully opaque covering over any part of the nipple or areola and/or covered male genitals in a turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered.

2. No owner, operator or manager shall permit any entertainer or employee on the premises of the adult entertainment business to have intentional physical contact with any patron.

3. No owner, operator or manager shall permit any person to perform for patrons any entertainment except upon a stage at least eighteen inches (18") above the level of the floor which is separated by a distance of at least six feet (6') from the nearest area occupied by patrons, and no patron shall be permitted within six feet (6') of the stage while the stage is occupied by an entertainer.

4. No owner, operator or manager shall permit any person under the age of eighteen (18) years within the premises at any time during the hours of operation.

5. All indoor areas of the place of entertainment in which patrons are permitted, except restrooms, will be open to plain view, unaided by mirrors, electronic monitoring devices or other devices at all times from all public portions of the establishment.

6. At least one (1) permitted, authorized security guard shall be on duty within the premises at all times while the adult entertainment business is open for business. The security guard shall be charged with preventing violations of the 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 attendance person while acting as a security guard.

7. 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 the adjacent property or public rights-of-way or within any other building or other separate unit within the same building.

8. The place of entertainment shall have a manager on-premises at all times while the establishment is open to the public.

9. If the place of entertainment is licensed to serve alcoholic beverages, the permittee shall abide by the rules and regulations set forth by the California Department of Alcoholic Beverage Control.

10. The stage or entertainment areas shall not be open to view from outside the premises.

11. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business.

12. No exterior door or window shall be propped or kept open at any time during the hours of operation.

13. Any exterior windows shall be covered with opaque covering.

14. All areas of the place of entertainment accessible to patrons shall be illuminated at least to the extent of two (2) foot-candles, minimally maintained and evenly distributed at ground level.

15. The place of entertainment shall have a door person on the premises at all times the establishment is open to the public who shall check photo identification of all persons entering the premises to ensure that no person under the age of eighteen (18) is permitted on the premises.

16. The place of entertainment shall provide a security system that visually records and monitors all parking lot areas serving the place of entertainment.

17. The adult entertainment business shall not operate between the hours of two o'clock (2:00) a.m. and nine o'clock (9:00) a.m.

(Ord. C-7747 § 3, 2001: Ord. C-7713 § 2, 2000: Ord. C-7591 § 1, 1999: Ord. C-7423 § 26, 1996)

A. Noncompliance. Failure to comply with any of the provisions of this Chapter 5.72, including any conditions attached to the permit at the time of approval, will constitute grounds for suspension, denial, or revocation of the permit. The suspension or revocation of the permit shall be governed by the provisions of Chapter 5.06 of this Code.

B. Cease activity. No person shall conduct any business or activity regulated by this Chapter during the pendency of a permit application, except as permitted by Section 5.72.125, or at any time after permit denial or revocation or during the time a permit therefor has been suspended, except as permitted by Subsection 5.72.145.C.

C. In the event that an entertainment permit for an adult entertainment business is suspended, denied, or revoked, the applicant or permittee may file or cause to be filed a petition for writ of mandate in State court regarding the validity of the suspension, denial or revocation. In the event the applicant or permittee files such legal action within fifteen (15) days of the suspension, denial or revocation of the permit, the applicant or permittee shall be permitted to operate its business until a decision is issued by a trial court, notwithstanding provisions to the contrary contained in this Chapter. During such time period, the business must be operated in a manner not to create a public nuisance, and such operation must comply with all other State and City laws and regulations.

(Ord. C-7747 § 4, 2001: Ord. C-7591 § 2, 1999: Ord. C-7423 § 26, 1996)

Whenever a permit has been revoked or an application for a permit has been denied, no other similar application shall be considered for a period of one (1) year from the date of such revocation or denial.

This applies to any person whose permit was revoked or whose application was denied who later becomes a director or officer of a corporation, profit or nonprofit, or a member of a partnership or a person owning or possessing fifty percent (50%) or more of the shares of a corporation which seeks to obtain a new permit. This shall also apply to a corporation, profit or nonprofit, whose permit was revoked or application denied, to any of its directors or officers or to any person who owned fifty percent (50%) or more of its shares, who attempts by way of a new corporation or by the use of their individual names or by becoming a member of a partnership or a director or officer or a person owning or possessing fifty percent (50%) or more of the shares in another corporation to obtain a new permit. Whenever any permit is suspended, the provisions of this Section shall apply to the permittee during the period of suspension.

(Ord. C-7423 § 26, 1996)

The following initiative ordinance was approved by the qualified electors of this City at an election held on the sixteenth day of August, 1932 as required by Ordinance No. C-1148. The placing of this initiative ordinance in this Code shall not be construed as altering, amending, or repealing such ordinance. Any violation of the provisions of the initiative ordinance shall not be deemed a violation of any of the provisions of this Code, but shall be deemed a violation of the initiative ordinance and punishable as therein provided.

ORDINANCE NO. - An ordinance regulating public dance halls and public dances in the City of Long Beach, California, providing penalties for the violation of this ordinance and repealing Ordinance No. B-1118, and all other ordinances or parts of ordinances in conflict with this ordinance.

The people of the City of Long Beach ordain as follows:

SECTION 1 - "Public dance hall" as used herein is defined to be any room place or space, excepting a private residence or home, where dancing is held or carried on; and "public dance" as used herein is defined to be any dance not held or given in private home or residence.

SECTION 2 - No person, as principal, agent or otherwise, shall carry on, maintain or conduct, or assist in carrying on, maintaining or conducting a public dance hall or a public dance in the City of Long Beach at any time between the hours of 2:00 o'clock a.m. and 6:00 o'clock a.m., except on New Year's Eve, or without first having filed with the Chief of Police a written schedule showing the time of commencing and the time of closing of all regular dances or without filing with the Chief of Police a written notice showing the time of commencing and time of closing of every dance carried on other than regular dances, at least forty-eight (48) hours previous to the holding of such dance.

SECTION 3 - No person, as principal, agent or otherwise, carrying on, maintaining or conducting, or assisting in carrying on, maintaining or conducting, a public dance hall, or a public dance in the City of Long Beach, shall permit any person under the age of seventeen (17) years to be present in any public dance hall or to participate in any public dance, unless accompanied by the parent or legal guardian of such person; or to permit any person to indulge in boisterous conduct or use profanity, or otherwise conduct himself or herself in a vulgar or indecent manner in such a public dance hall or in any of the hallways leading thereto; no intoxicated person shall be present in any public dance hall or at any public dance.

SECTION 4 - Every person seeking admission to a public dance hall or to any public dance shall, upon the request of the manager, proprietor or door keeper, or managing agent of the proprietor of such public dance hall or public dance, register his/her true name, age and address in his/her own handwriting.

SECTION 5 - Every person, as principal, agent or otherwise violating any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment.

SECTION 6 - Ordinance No. B-1118, and all other ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

SECTION 7 - The City Clerk shall certify to the passage of this ordinance by the People of the City of Long Beach.

(Ord. C-7461 § 6, 1997; Ord. C-7423 § 26, 1996)

Note— Prior ordinance history: Ord. C-6260.

The Downtown Dining and Entertainment District (the "DDED") shall be established to provide consistent standards for the co-existence of residential and entertainment uses in Downtown Long Beach.

The DDED's boundaries are set forth in Long Beach Municipal Code Section 5.72.210.

Portions of the DDED are within the boundaries of PD 30 (Downtown Plan), which establishes a mix of uses, including residential, office, commercial, restaurant, retail and entertainment uses (the "DT Plan").

A. Definitions.

"Ambient Music" shall mean low-level background music, whether amplified or not amplified, which is audible from a distance of no more than ten feet (10') from any portion of the exterior of the premises, and which is intended to create ambiance and is not intended to entertain. Ambient Music does not include music played by a disc jockey or DJ. An entertainment permit is not required for Ambient Music.

"Amplified Music" shall mean electronically enhanced music which is audible from a distance of no more than fifty feet (50') from any portion of the exterior of the premises, and which is intended to entertain.

"Entertainment" as used here shall have the same definition as "entertainment activity" contained in Long Beach Municipal Code Section 5.72.115.

"Nightclub" shall have the same definition as "nightclub" contained in Long Beach Municipal Code Section 21.15.1855. A "nightclub" in the DT area within the DDED must apply for and obtain a Conditional Use Permit as required by Long Beach Municipal Code Section 21.25.206 and consistent with the Downtown Plan. This does not include nightclubs south of Ocean Boulevard as they are not in PD 30.

All other establishments desiring entertainment permits in the DDED must, in addition to the requirements of Sections 5.72 and 21.15.110, agree in writing to comply with the conditions of the DDED as set forth below.

B. Standard Conditions.

1. Individuals and business entities who apply for and obtain entertainment permits ("Permittees") shall comply with all applicable laws, regulations, ordinances and stated conditions. If Permittee fails to comply with the conditions of this permit, or if his or her operations result in excessive police service as defined below, Permittee will be required to operate under the more restrictive conditions described in Paragraph C, "Tiered Conditions," without further hearing.

2. When the Chief of Police determines that excessive police services are required as the result of any incident or nuisance arising out of or in connection with Permittee's operations, the cost of such services shall be billed to Permittee as an expense of an emergency response. "Expense of an emergency response" means those costs incurred by the City of Long Beach in making any appropriate emergency response to the incident, and shall be comprised of all costs directly arising because of the response to the particular incident, including, but not limited to, the costs of providing police, firefighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident.

3. Indoor entertainment and outdoor Ambient Music that otherwise conforms with the requirements of state and local laws and regulations may be offered until 2:00 a.m., seven (7) days a week.

4. Outdoor Amplified Music, including entertainment activity on rooftop patios or areas with sidewalk-occupancy permits, must be applied for and will be considered separately from indoor entertainment. Outdoor amplified entertainment, if permitted, will be subject to the following restrictions: a) sound amplifying equipment may be used only between 10:00 a.m. and 10:00 p.m. Sunday through Thursday, and 10:00 a.m. and midnight Friday and Saturday; b) in conjunction with an Occasional Event Permit, pursuant to Long Beach Municipal Code section 5.72.130; or c) in conjunction with a special events permit. Permittee agrees that the following standard is reasonable: Noise emanating from Permittee's premises shall not be unreasonably loud or disturbing in light of the facts and circumstances then prevailing within fifty feet (50') of the perimeter of the premises in all directions.

5. Permittees shall place or post conditions on the premises in a place easily accessible by City staff, including law enforcement personnel.

6. Each holder of an existing entertainment permit within the DDED and each new applicant for a DDED, including an applicant who acquires an existing business through a change of ownership, shall, within ninety (90) days of application, be required to acknowledge that he or she has read, understood and agreed to the conditions of the permit. Each new applicant for a DDED permit, including an applicant who acquires an existing business through a change of ownership, shall, within ninety (90) days of application, submit proof of attending the LEAD program offered by the Department of Alcoholic Beverage Control.

7. Permittees shall be responsible for all entertainment activities at the location, including those conducted by promoters. Each Permittee and promoter conducting business within the City of Long Beach shall obtain a City of Long Beach Business License prior to conducting entertainment activities governed by a DDED permit. Permittee shall provide all promoters and agents hired to conduct entertainment activities with a copy of the approved permit, which shall include a copy of the approved conditions of operation. In addition, promoters must have or obtain a Promoter's License. Once the Promoter's License has been approved, the promoter will be added to a list of approved promoters in the City of Long Beach.

8. If Permittee utilizes an independent third party event promoter to provide entertainment related services resulting in any public safety call for service, the City reserves the right to remove and/or restrict the use of independent third party promoters.

9. The operation of the establishment shall be limited to those activities expressly indicated on the entertainment permit application and approved by the City Council. Any change in the operation that exceeds the conditions of the approved permit will require approval by City Council.

10. Permittee shall conduct all aspects of his or her operation, including before- and after-hours deliveries and maintenance, in consideration of residences located nearby.

11. Permittee agrees that the following standard is reasonable: Noise emanating from Permittee's premises shall not be unreasonably loud or disturbing in light of the facts and circumstances then prevailing within fifty feet (50') of the perimeter of the premises in all directions. Sound and amplification equipment shall be monitored during business hours to ensure that audible noise remains at acceptable levels in accordance with Long Beach Municipal Code Chapter 8.80.

12. On and after the date this ordinance takes effect, applicants for new entertainment permits in the DDED must cause an acoustical study to be prepared by a qualified, certified acoustical engineer, hired by the applicant and acceptable to the City, which shall demonstrate the sound emanating from the applicant's establishment meets the sound standards described in Long Beach Municipal Code Chapter 8.80. The study shall be reviewed and confirmed by the Health Department and the Development Services Department during their review of the permit application.

13. A new applicant for an entertainment permit in the DDED, including an applicant who acquires an existing business through a change of ownership, may be eligible to request a waiver of the requirement to conduct a sound study if the applicant meets one of the following criteria:

a. The location had an entertainment permit, and no more than twelve (12) months have elapsed since the permitted entertainment at that location ceased; or

b. Verifiable evidence that best sound mitigation practices were used in the construction or retrofitting of the location.

14. The waiver request shall be presented to a committee comprised of representatives of the City's noise office, business license bureau and zoning administration, who will conduct a hearing to determine if the sound study waiver is appropriate for the location. The committee shall consider but not be limited to the following: the previous use of the location, the history of sound-related complaints and violations at the location, proximity to residential development and the age and condition of the building, including sounds mitigation efforts. The committee shall determine if the waiver request shall be granted or denied.

15. Denial of a waiver request may be appealed to a City hearing officer pursuant to Long Beach Municipal Code Section 2.93.050.

16. No adult entertainment, as defined by Long Beach Municipal Code Subsection 5.72.115.B, shall be conducted on the permitted premises. Permittees shall not allow, permit, procure, or encourage, anyone to expose male or female genitals, cleft of the buttocks, the areola or any portion of the female breast below the areola, while at or inside the business.

17. Current occupancy loads shall be posted at all times, and Permittee shall have an effective system to keep count of the number of occupants present at any given time and provide that information to public safety personnel upon request, as required by Long Beach Municipal Code Section 18.48.200.

18. If Permittee's operations give rise to a substantial increase in complaints/calls for police service, Permittee shall increase security staff, implement the use of electronic metal detection equipment, increase outside lighting, or make other changes to the premises or operation as the Chief of Police determines are necessary to protect the safety of the public. In the event of a conflict on this issue between the requirements of this permit and any permit issued by the Alcoholic Beverage Commission, the more stringent regulation shall control.

19. Permittee shall be responsible for maintaining an adequate security staff to supervise patrons and those waiting to enter. Potential patrons awaiting entry in a defined "queue" shall be counted toward the calculation of required security staffing levels. For up to fifty (50) people inside (or in a defined queue waiting to enter) an establishment, the Permittee shall provide a minimum of one (1) uniformed licensed security guard per floor. There shall be one (1) additional guard for each subsequent increment or each partial increment of fifty (50), plus one (1) guard per each additional floor. The Chief of Police may relax these staffing levels during daylight hours, or during hours in which the primary activity in the establishment is dining, if he determines that a lower level of security staffing is consistent with the protection of public health and safety. The attire of each security guard shall clearly indicate the guard's affiliation with the establishment by means of a pin, shirt, or other clearly-visible form of identification.

20. Restaurants with alcohol and entertainment in the DDED must be operated and maintained as bona fide eating places, making actual and substantial sales of meals, during at least one (1) full normal mealtime, at least five (5) days a week. Normal mealtimes are 6:00 a.m. - 9:00 a.m., 11:00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m, or as defined in the Permittee's ABC license. Minors are only allowed on the premises during mealtime hours.

21. Persons under eighteen (18) years of age shall not be permitted to enter nor permitted to remain on the premises after 10:00 p.m., unless accompanied by a parent or legal guardian.

22. Permittee shall establish a program to discourage loitering and littering outside any of the entrance/exit doors at all times open for business.

23. Permittee shall take steps to prevent patrons from loitering in the immediate area, littering or making excessive noise at the conclusion of each event and at closing time.

24. Permittee shall not distribute, post or attach, and shall be responsible for ensuring that its promoters and or agents do not distribute, post or attach, advertising matter on public property or on any vehicle on public property.

25. Any graffiti painted or marked upon the premises or on any adjacent area under the control of Permittee shall be removed or painted over within twenty-four (24) hours of being applied.

26. Permittee shall install and maintain a video surveillance system that monitors no less than the front and rear of the business with full view of the public rights-of-way and any parking lot under the control of the Permittee. The video system must be capable of delineating on playback the activity and physical features of persons and areas within the premises. Recordings shall be retained for a minimum of thirty (30) days and be accessible via the Internet by the Long Beach Police Department. A Public Internet Protocol (IP) address and user name/password is also required to allow the Long Beach Police Department to view live and recorded video from these cameras over the internet. All video security cameras shall be installed to the satisfaction of the Chief of Police, Director of Technology Services, and Director of Development Services. At the discretion of the Chief of Police, Permittee may be required to add additional video cameras.

27. Insofar as is practicable, during the hours of operation, the front door of the establishment, or any door fronting on a public right-of-way, including an alley, shall remain closed at all times to minimize noise.

28. Windows shall not be obscured by the placement of signs, including signs advertising alcoholic products, dark window tinting, shelving, racks or similar obstructions.

29. Permittee shall install an alarm system at the exit doors.

30. No publicly accessible telephones shall be maintained on the exterior of the premise. Any existing publicly accessible telephones shall be removed prior to the issuance of the permit.

31. As a condition of any City approval, Permittee shall defend, indemnify and hold harmless the City of Long Beach, its agents, officers and employees from any claim, action or proceeding against the City of Long Beach or its agents, officers or employees to attack, set aside, void or annul the approval of the City concerning the processing of the permit or any action relating to or arising out of such approval. At the discretion of the City and with the approval of the City Attorney, a deposit of funds by the permit applicant may be required in an amount sufficient to cover the anticipated litigation costs.

32. Permits may be administratively reviewed by the City within six (6) months from the date of issuance to monitor compliance with permit conditions.

C. Tiered Conditions. "Tiered Conditions" as set forth below consist of progressively more stringent regulations on entertainment and related activities in the DDED. By applying for an entertainment permit in the DDED, the applicant must agree to the conditions set forth below and must agree to waive a hearing if these conditions are applied. The City Council may add further conditions not listed here, or revoke the permit, if Permittee does not comply with the conditions imposed in this permit. These conditions do not modify or limit in any way the authority of the Chief of Police to enforce Penal Code Section 415 (disturbing the peace) against any person, or of the Chief of Police or the Fire Marshal to immediately take action in the event of an imminent threat to public health or safety.

1. Tier 1 Conditions:

a. Permittee may have entertainment on the premises during the maximum hours permitted in the DDED, consistent with the conditions imposed in the entertainment permit, ABC requirements and with conditions imposed under a Conditional Use Permit (if applicable). As long as the primary requirements for safety and noise are met (Conditions 1-29), Permittee may choose the methods of meeting those requirements.

b. Noncompliance with Tier 1 conditions: When the City determines that Permittee has violated the terms of the permit, including Permittee's obligation to comply with all other laws and regulations, he or she may require Permittee to attend a meeting with the involved departments to address community concerns and discuss how the implementation of Tier 2 Conditions can be avoided.

2. Tier 2 Conditions:

a. Noise: Following the receipt of three (3) or more noise complaints that require a response by the Police Department within a 30-day period and which are found to violate the noise standard prohibiting unreasonably loud sound fifty feet (50') from the perimeter of the premises, Permittee will be notified that his or her premises must comply with those Tier 2 Noise Conditions which the City determines are necessary to protect the public peace and to comply with the City's noise ordinance, from among the following list:

(i) Permittee must keep all doors and windows closed except while patrons are entering or exiting;

(ii) Permittees shall submit an acoustical study, performed by a qualified, certified acoustical engineer, hired by the applicant and acceptable to the City. The study shall be reviewed and confirmed by the Health Department and the Development Services Department. Based on the results of the acoustical study, appropriate mitigation measures may be required so that the noise emanating complies with the sound ordinance. Such measures must be completed and approved by the City before outdoor amplified entertainment will be permitted. If the Permittee did not previously perform and submit such an acoustical study and mitigation measures, the Permittee shall do so. Once a Permittee has been notified of Tier 2 status, the Permittee can no longer qualify for a waiver pursuant to Paragraph 13;

(iii) Sound and amplification equipment shall be monitored during business hours to ensure that audible noise remains at acceptable levels in accordance with Long Beach Municipal Code Chapter 8.80;

(iv) No entertainment of any kind will be permitted after 1:00 a.m.;

(v) No outdoor entertainment of any kind (amplified or non-amplified) will be permitted after 10:00 p.m.;

(vi) No queue will be permitted after midnight. Any persons gathering outside the establishment shall be considered to be loitering.

b. Security/Public Safety: For the purposes of this Section, an "incident" means a complaint or occurrence that requires a Police or Fire Marshal response to Permittee's premises due to Permittee's noncompliance with the terms and conditions of the Entertainment Permit. Following three (3) or more incidents within a 30-day period, or a single incident involving violence, the Chief of Police or Fire Marshal may notify Permittee of additional measures and conditions to be implemented. These additional measures will be some or all of the following:

(i) Additional security personnel at hours determined necessary by the Chief of Police to prevent Permittee's operations from creating a public nuisance;

(ii) Additional security checks on incoming patrons;

(iii) No entertainment of any kind will be permitted after 1:00 a.m.;

(iv) No queue after midnight. Any persons gathering outside the establishment shall be considered to be loitering;

(v) Any additional measures deemed necessary by the Chief of Police or the Fire Marshal to protect health and safety;

(vi) Upon the request of a Permittee who has been required to implement Tier 2 conditions, the Chief of Police, in consultation with the Fire Marshal and the Health Department, shall review Permittee's recent compliance history and determine whether some or all conditions can be returned to Tier 1 levels consistent with the protection of public health and safety.

3. Tier 3 Conditions: The failure of a permittee to resolve noise and/or security/public safety issues as directed by the City within a period not to exceed thirty (30) days shall result in the implementation of Tier 3 conditions:

a. Noise:

(i) No outdoor entertainment of any kind will be permitted at any time;

(ii) Only Ambient Music will be permitted at any time OR Amplified Music will only be permitted until 10:00 p.m. any night;

(iii) All noise must be contained within the premises. No noise shall be audible outside the establishment;

(iv) Implement Health Department recommendations to mitigate noise, including pre- and post-implementation monitoring data collected by a certified noise expert approved by the Health Department.

b. Security/Public Safety:

(i) Entertainment must cease not later than 10:00 p.m. on Sunday through Wednesday nights and no later than midnight on Thursday through Saturday nights. The Chief of Police is authorized to make adjustments of up to one (1) hour in these times to protect the public peace;

(ii) Permittee shall limit the queue outside the establishment to no more than twenty (20) people. There shall be no queue within two (2) hours of the lawful closing time. Any persons gathering outside the establishment shall be considered to be loitering;

(iii) Any additional measures determined necessary by the Chief of Police or the Fire Marshal may be imposed to protect health and safety.

If the City determines that Permittee has not modified his or her operations in compliance with Tier 3 conditions and Permittee continues to violate the terms and conditions of the Entertainment Permit, the City shall begin revocation or suspension proceedings. Permittee is entitled to a hearing to contest such revocation or suspension.

(ORD-15-0002 § 1, 2015; ORD-08-0039 § 1, 2008: ORD-07-0064 § 1, 2007: ORD-07-0012 § 1, 2007: ORD-07-0001 § 1, 2007: ORD-06-0010 § 1 (part), 2006)

The downtown program area consists of the area bounded by the north side of Ocean Boulevard, the south side of Third Street, the east side of Pacific and the west side of Long Beach Boulevard, and the areas known as the Pike at Rainbow Harbor and Shoreline Village, as shown on maps on file in the office of the City Clerk. Hotels within the boundaries are excluded from the requirements of the downtown program but continue to be subject to all other provisions of this Chapter and shall continue to operate under the conditions of their previously-issued entertainment permits.

(ORD-08-0039 § 1, 2008: ORD-06-0010 § 1 (part), 2006)

The City Council shall adopt standard conditions which shall become part of each downtown entertainment permit. These conditions shall be in addition to those set forth in Sections 5.72.110 through 5.72.150 of this Chapter, in any conditional use permit issued by the City, any other requirement of the Municipal Code, or any Department of Alcoholic Beverage Control license. In the event of a conflict between the requirements of the downtown program and the more general provisions of this Chapter, the requirements of the downtown program shall control within the program area. In the event of a conflict between a downtown entertainment permit and a license issued by the department of alcoholic beverage control, the more stringent regulation shall govern.

(ORD-08-0039 § 1, 2008: ORD-06-0010 § 1 (part), 2006)