Los Angeles Municipal Code § 103.102 Cafe Entertainment and Shows

(Amended by Ord. No. 175,676, Eff. 1/11/04.)

(a) Café Entertainment and Shows Defined. As used in this article, the terms “café entertainment and shows” mean every form of live entertainment, music, band or orchestra, act, play, burlesque, revue, pantomime, scene, song or dance act, participated in by one or more persons.

These terms shall also include the exhibiting or showing of still or motion pictures at a public place incidental to the primary business of selling or offering for sale food or beverages or where food or beverages are given away.

(b) Café Entertainment and Shows Business Defined. Café entertainment and shows business means the management or control of any premises:

1. To which the public is admitted on a regular basis for the primary purpose of viewing café entertainment and shows;

2. Not used primarily for café entertainment and shows, but which premises are available on a regular basis, for the purpose of viewing café entertainment and shows;

3. Not used primarily for café entertainment and shows, but which premises are available, for the purpose of viewing café entertainment and shows, provided however, the premises has an occupancy of 2500 or more.

(c) Permit Required. No person shall engage in the café entertainment and shows business without a written permit from the Board.

No permit shall be required if the operation of the show is already permitted under an existing carnival permit.

The provisions of this section are not applicable when a band, orchestra or instrumental group with or without a vocalist performs at a dance, café or public place for the purpose of providing music for dancing and the person or persons conducting, presenting or managing the dance has a current dance hall, dancing club or public dance permit.

(Amended by Ord. No. 176,907, Eff. 9/25/05.)

Any business providing live entertainment in which an entertainer is present shall conform to all the applicable requirements previously set forth in this article and shall also conform to the following additional requirements, whether or not a permit is required under Section 103.102:

(a) No person under the age of 18 years shall be permitted within the premises at any time during the hours of operation, or under the age of 21 years if the business serves alcohol.

(b) The business shall provide separate dressing room facilities for entertainers that are exclusively dedicated to the entertainers use.

(c) No portion of the interior of the premises shall be visible from outside the premises during the hours of operation.

(d) The premises shall be equipped with lighting fixtures of sufficient intensity to illuminate all interior areas of the premises accessible to patrons with an illumination of not less than 1.5 foot-candles evenly

distributed as measured at floor level, except during performances, at which times lighting shall be at least 1.0 foot-candles.

(e) Except for restrooms, the premises must be configured so that there is an unobstructed view of all interior areas to which any patron is permitted access. There shall be no entertainment booths, rooms or

cubicles. Visibility shall not be blocked or obscured by doors, curtains, drapes, partitions or room dividers of any kind. Partitions of any kind, including drapes made of opaque or other material, are not permitted. Nothing in this subsection precludes the installation of columns which are essential for the structural integrity of the building.

(f) The business shall provide separate restroom facilities for males and females.

(g) No operator, entertainer, employee, agent, or manager of the business shall knowingly permit any patron to intentionally caress, or fondle the clothed or unclothed breasts or genitals of any operator,

entertainer, employee, agent, or manager of the business, or knowingly permit any operator, entertainer, employee or agent to intentionally caress or fondle the unclothed breasts or genitals of any patron.

(h) The business shall comply with all signage, parking, landscaping, and design standards established by the City.

(i) The business shall remove all graffiti as soon as it appears, but not later than 48 hours after it appears, from the premises and property controlled by the business.

(j) The business shall, on a daily basis, ensure that all trash, debris and litter from the premises and property controlled by the business, as well as from all common and public areas immediately adjacent to the

business, is placed inside appropriate refuse containers.

(k) The business shall be carried on in a building, structure and location that complies with the requirements and meets the standards of the health, fire and safety laws of the State of California and ordinances of

the City of Los Angeles.

(l) The business shall be carried on at a location that complies with the zoning standards established by the City.

(m) The business shall require its employees to maintain identification that includes a photograph of the employee in the form of a valid driver’s license, State identification, or other government issued identification on the premises while working at the business.

(n) If the business serves alcohol, it shall comply with all applicable laws, rules, regulations and any conditions imposed by the Department of Alcoholic Beverage Control.

(o) A manager shall be on duty at all times during hours of operation, or when patrons are present on the premises. The manager on duty shall not be an entertainer.

(p) No permittee shall knowingly allow or permit any act of sexual intercourse, sodomy, oral copulation, or masturbation to be committed on the premises, or knowingly permit or allow the premises to be used

as a place in which solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.

(q) At least one state licensed and bonded uniformed security guard shall be employed exclusively to provide security for the business during business hours.

(r) There shall be no beds on the premises accessible to patrons at any time.

(s) The business shall submit with its application a floor plan, drawn to scale, showing all interior dimensions of the premises. Any change to the floor plan requires the business to submit to the Board a revised

floor plan within seven calendar days of any alteration, modification or change.

(t) As used herein, the word “knowingly” does not remove a permittee’s duties to supervise and take action. A permittee shall be responsible for the conduct of all employees and entertainers while they are on

the premises and every act or omission by an employee or entertainer constituting a violation of any of the provisions of this article shall be deemed the act or omission of the permittee if such act or omission occurred with the authorization, knowledge or approval of the permittee, or as a result of the permittee’s negligent failure to supervise the employee or entertainer’s conduct or to take action after learning of conduct which violates this section.

(Amended by Ord. No. 176,907, Eff. 9/25/05.)

(a) All café entertainment and shows permittees must comply with the provisions of Section 103.102.1 upon its effective date, except that these permittees shall comply with Subsections (b), (c), (e) and (f) no later than 180 days from the effective date of that section. Compliance with Subsection (e) is further extended 90 days from the date of amendment of that subsection.

(b) Violations of the regulations set forth in Section 103.102.1 shall not be prosecuted as misdemeanors, but shall be subject to administrative sanctions and civil remedies as provided by this Code, or at law or in equity, or any combination of these.