Manhattan Beach Municipal Code Ch. 4.20 Amusements—dances and Cafe Entertainment

The City Council does find that there exists and has existed an increasing trend toward large group activities within the City of Manhattan Beach. Such group activities often result in parking and traffic hazards, excessive noise, accumulation of trash and debris, public intoxication, urination and excretion, vandalism, trespass, narcotic violations, and other conditions or behavior detrimental to the peace, health, safety, morals or welfare of the City or its inhabitants. The City Council further finds that it is in the best interest of the City and its inhabitants to regulate such gatherings or assemblages at places other than private residences in order to preserve and protect the public peace, health, safety, morals and welfare.

(§ 1, Ord. 1775, eff. March 4, 1988; § 1, Ord. 1786, eff. January 5, 1989)

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

A. "Group entertainment" shall mean activity or activities at any place (excluding private residences) wherein one hundred (100) or more people are present at the same time and where either: (1) entertainment is provided or in any manner furnished, allowed or permitted to be carried on; or (2) food is prepared on the premises and consumed on the premises by customers who pay for the food; or (3) alcoholic beverages are sold, offered for sale or given away. "Entertainment" shall mean any activity having the primary purpose and effect of providing amusement or diversion in any manner, including but not limited to live bands, one or more performers of musicals or other acts, or amplified radio or pre-recorded music. The term "entertainment" shall not include radio or pre-recorded music when the same is not audible to the unaided human ear at any point on the property line of the lot and structure where such music is presented.

"Group entertainment" shall not include any activity whose purpose and effect is primarily religious, political, or educational. Educational activities are those activities sponsored by a school district or an individual accredited school, college or university.

(§ 1, Ord. 1775, eff. March 4, 1988; § 2, Ord. 1786, eff. January 5, 1989)

No person shall conduct or operate any place having group entertainment upon the premises unless such person in charge of operations or having control of such place where group entertainment is permitted or allowed has received a permit from the City Manager or his delegate authorizing such group entertainment. Such permit must be available on the premises at the time of the event and presented to the Chief of Police or his representative upon demand. Any such permit shall be endorsed by the Chief of Police or his representative. Such permit shall not be required of any person showing motion pictures in a legally licensed theater.

(§ 1, Ord. 1775, eff. March 4, 1988)

Fees, if any, for issuing permits under this chapter shall be established by Council under separate resolution.

(§ 1, Ord. 1775, eff. March 4, 1988; § 3, Ord. 1786, eff. January 5, 1989)

Permits issued under this chapter are nontransferable and are valid only at the location or address specified in the permit. Permits for the operation of group entertainment are classified as follows:

A. Class I Permit. Such permit entitles the holder to conduct group entertainment either incidental with the business being conducted there or to conduct group entertainment for which admission is charged.

B. Class II Permit. The holder of this permit shall be entitled to conduct group entertainment on one occasion only and an admission charge may be charged for such an event. Such event may be conducted for a period of time not exceeding twelve (12) consecutive hours. The holder of this permit may provide live bands and amplified music.

(§ 1, Ord. 1775, eff. March 4, 1988)

Before any permit is issued pursuant hereto, an application for such permit shall be filed with the City Manager or his delegate signed and verified by the applicant and accompanied by the fee required and shall set forth the following:

A. The name, principal business address and phone number, or, if none, the address and phone number of the applicant and whether the applicant is an individual, partnership, association, or corporation;

B. The nature of the business or activity for which a permit is requested;

C. The name and address of the person by whom the applicant is employed, if any;

D. The address and a detailed description of the premises for which the permit is sought, including but not limited to the approximate size of the lot and the approximate square footage of any structure in which the activity will occur, a description of the area where any dancing is to be conducted, a description of any parking facilities on the premises and in the nearby vicinity, and a general description of the neighborhood in which the premises are located;

E. A description of the principal activities to be conducted on the premises;

F. Whether alcoholic beverages will be offered for sale or otherwise provided;

G. The names, residence addresses, and business addresses of all persons who will be charged with the supervision of the activities conducted on the premises;

H. Whether the applicant or any person named in the application has ever been convicted of the commission of a violation of law, except any offense resulting only in a fine or bail forfeiture of less than one hundred fifty ($150.00) dollars;

I. Whether the applicant has ever obtained or sought to obtain a permit in the past, and whether such permit was ever revoked or denied;

J. In the case of a Class I permit, the maximum capacity of the room or rooms where such business is to be conducted;

K. In the case of a Class II permit, the projected maximum number of people on the premises at any one time while the permit is in effect;

L. Such other information as the applicant may desire to furnish in support of the application.

(§ 1, Ord. 1775, eff. March 4, 1988)

Upon receipt of an application for a permit the City Manager or his delegate shall, within a reasonable time thereafter, conduct such investigation as may be necessary concerning the application and the business proposed to be conducted to determine whether the applicants propose to engage in any activity or enterprise which may be detrimental to the public peace, health, safety, morals, or welfare of the City or its inhabitants whether by reason of the nature of the activity or the manner in which the activity is proposed to be conducted. The City Manager or his delegate shall consult the Chief of Police or his delegate for approval prior to issuing any permit under this chapter.

(§ 1, Ord. 1775, eff. March 4, 1988)

After conducting an investigation, the City Manager may refuse to issue a permit if the City Manager finds that:

A. The applicant proposes to engage in an activity or enterprise which will be detrimental to the public peace, health, safety, morals, or welfare of the City or its inhabitants either by reason of the nature of the business or activity or the manner in which the business or activity is proposed to be conducted;

B. The business or activity is or has become a public nuisance;

C. The business or activity is prohibited by local or State law;

D. The applicant is "unfit," has a bad moral character, is under the age of eighteen (18), has been refused a permit in the past or has had a permit revoked;

E. The application contains information or representations which are false, fraudulent or materially misleading;

F. The applicant has failed to comply with the provisions of this chapter regarding fees and application requirements.

If, after conducting an investigation, the City Manager or his delegate does not find that subsections (A), (B), (C), (D), (E), or (F) of this section describe the applicant or the proposed activities, then the City Manager or his delegate shall issue a permit subject to such terms, conditions and restrictions as are necessary and appropriate to regulate the operation and conduct of the applicant's business or activities to protect the peace, health, safety, morals, or welfare of the City or its inhabitants. Such terms, conditions and restrictions may include, but shall not be limited to, limitations on the number of people permitted on the premises at a given time, vehicular parking and traffic standards and requirements, limitations on noise levels, trash and debris clean-up and removal requirements, and restrictions on the hours of operation, if considered appropriate based upon special circumstances.

(§ 1, Ord. 1775, eff. March 4, 1988; § 2, Ord. 1789, eff. February 16, 1989)

All group entertainment permittees under the provisions of this chapter shall observe hours of operation and entertainment as set forth in the permit; however, if the group entertainment permit is utilized in conjunction with a use permit or other discretionary permit issued by the Planning Commission or City Council, the group entertainment permittee shall observe any hours of operation and entertainment as set forth in the use permit or other discretionary permit, as it may be amended from time to time.

(§ 1, Ord. 1789, eff. February 16, 1989; § 1, Ord. 1795, eff. March 23, 1989; Ord. No. 1910, Amended, 07/21/94)

Permits of the Class I type shall only be issued to legally operated businesses which operate on a continuous basis throughout the year, including restaurants, hotels, cafeterias, bars, and fast-food establishments. Such permits shall be for a period of one year or until the following March 1. Permits of the Class II type shall be issued for one (1) occasion only and a separate permit shall be required for each and every occasion. Application for the granting of permits or the renewals of permits of the Class I type shall be made at least twenty-one (21) working days in advance of the date sought for the issuance of such permit or renewal. Application for the granting of permits of the Class II type shall be made at least twenty-one (21) working days in advance of the date sought for the issuance of such permit or renewal.

(§ 1, Ord. 1775, eff. March 4, 1988; § 3, Ord. 1789, eff. February 16, 1989)

When any permit is issued pursuant to the terms of this chapter, such permit may be revoked at any time thereafter by the City Manager or his delegate if it is determined that the conduct of such business does or will endanger in any manner the public welfare or the peace, health or safety of the City or its inhabitants or that the same has been conducted in an illegal manner, or in violation of any of the terms and conditions attached to such permit or when the proprietor or person in charge of such business violates or permits any infraction of any law of the State or City. Such revocation in the case of a Class I type permit shall be affected by delivering a notice of revocation with the reasons therefor to the applicant in person or by mailing the same to the address of the applicant as set forth in his application. Such revocation shall be effective within five (5) days following the date of delivery or the date of mailing unless within such period of time the applicant files with the City Council a demand for a hearing. If such demand for a hearing is filed, the Council shall conduct a hearing relative to the revocation of such permit and at the conclusion of such hearing may uphold such revocation or may reinstate the permit as it was originally issued or subject to such additional terms and conditions as the Council may impose to protect the public peace, health, safety, morals, or welfare of the City or its inhabitants. In the event such revocation is upheld by the Council, the revocation of such permit shall be effective on the date of the action by the Council.

(§ 1, Ord. 1775, eff. March 4, 1988)

A. When any permit is issued pursuant to the terms of this chapter such permit may be suspended at any time thereafter by the City Manager or his delegate for a period of time not to exceed thirty (30) days if it is determined that the business has not been conducted in compliance with the terms and conditions of such permit, but that such misconduct is not of such gravity as to warrant a revocation of such permit.

Such suspension in the case of a Class I type permit shall be effected by delivering a notice of suspension to the permit holder in person or by mailing the same to the address of the holder as set forth in his application.

Such suspension shall be effective within five (5) days following the date of delivery or the date of mailing unless within such period of time the holder files with the City Manager a demand for a hearing. Such an appeal by a permit holder of a suspension by the City Manager or his delegate, the City Manager or his delegate shall afford the permit holder an opportunity to be heard. After such hearing the City Manager or his delegate may approve, modify or cancel the suspension order. The action of the City Manager or his delegate upon an appealed suspension shall be final.

B. If the Police Chief or his delegate determines that the conduct of such business or activity is or will endanger in any manner the public welfare or the peace, health or safety of the City or its inhabitants, or that the same is being conducted in an illegal manner or in violation of any of the terms and conditions attached to such permit or that the proprietor or person in charge of such business or activity is in violation or permitting any infraction of any law of this State or City, he shall have the authority to:

1. In the case of a Class I type permit, immediately suspend the permit, cause the event to cease and report the matter to the City Manager or his delegate for the consideration of revocation of said permit.

2. In the case of a Class II type permit, immediately revoke the permit and cause the event to cease.

(§ 1, Ord. 1775, eff. March 4, 1988)

In the event the City Manager or his delegate denies such permit or the applicant objects to the terms and conditions attached to said permit, the applicant may appeal to the Council by filing with the City Clerk a written notice of appeal within ten (10) days from the date of such denial or imposition of terms and conditions to the permit. If such appeal is filed, the Council within a reasonable time shall review the matter and after conducting such hearing thereon as the Council may require, may grant or refuse such permit if it determines that the proposed enterprise would be detrimental to the peace, health, safety, morals or welfare of the City or its inhabitants either by reason of the moral character of the applicant, the nature of the business or the manner in which the proposed business is to be operated. The Council may further confirm, modify or delete such terms or conditions imposed by the City Manager as it deems appropriate. The action of the Council shall be final and conclusive.

(§ 1, Ord. 1775, eff. March 4, 1988)

The following persons shall be guilty of a misdemeanor, punishable by six (6) months in County Jail and/or a five hundred ($500.00) dollar fine.

A. Any person conducting or operating any place having group entertainment upon the premises without having obtained a permit from the City Manager or his delegate authorizing such group entertainment;

B. Any person conducting or operating any place having group entertainment upon the premises who does not present an appropriate permit to the Chief of Police or his representative upon demand;

C. Any person conducting or operating any place having group entertainment upon the premises whose permit has been revoked unless and until such permit has been reinstated;

D. Any person conducting or operating any place having group entertainment upon the premises whose permit has been suspended unless and until such permit has been reinstated or the term of the suspension has expired.

(§ 1, Ord. 1775, eff. March 4, 1988)

Nothing in this chapter shall be deemed or construed to apply to any group entertainment given or held under the auspices of the City Recreation Department or the City School District or the South Bay Union High School District.

(§ 1, Ord. 1775, eff. March 4, 1988)

The City Manager or his delegate may issue permits for noncommercial neighborhood dances or block parties subject to such conditions considered appropriate. For this purpose, the City Manager or his delegate may authorize closure of any street or streets or parts thereof to all vehicular traffic or parking as may be necessary or appropriate in connection with any such special event conducted within the City. Appropriate signs or traffic control devices shall be posted to provide notice of such closing.

(§ 1, Ord. 1775, eff. March 4, 1988)