Maywood Municipal Code Ch. 5 Entertainment Permits

This chapter shall be known as the "Entertainment Permit Law".

(§ 1, Ord. 570)

The purposes of this chapter are to set forth rules and regulations governing entertainment at certain premises within the City, requiring a permit therefor, and providing punishment for the violation of the provisions of this chapter.

(§ 1.1, Ord. 570)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Applicant" shall mean a person who files an application for a new or renewal permit as provided in this chapter.

(b) "Entertainment" shall mean a live show, performance, play, revue, pantomime, style show, scene, dance act, or song and dance act participated in by one or more persons.

(c) "Permittee" shall mean any person who shall be granted a permit, as provided in this chapter, and his agents and representatives.

(§ 2, Ord. 570)

It shall be unlawful for any person conducting, operating, or in control of any public premises or private club within the City to allow any entertainment, excluding dancing which is regulated by Chapter 4 of this title, upon the premises or in or upon any adjoining room or premises, unless there has been granted to such person a valid permit therefor pursuant to the provisions of this chapter.

(§ 3, Ord. 570)

An application for an entertainment permit shall be filed with the City Clerk, shall be in writing on forms provided by the City, and shall be accompanied by an application fee in the amount of Four Hundred and no/100ths ($400.00) Dollars for each permit required. Such applications shall be under oath, in duplicate, and shall contain:

(a) A complete identification of the applicant;

(b) The names, citizenship, and residence and business addresses of any copartners, including limited partners, or, if a corporation or association, the names, citizenship, and residence and business addresses of all the corporate officers thereof;

(c) The name and residence and business address of the manager or person to be in charge;

(d) The name, residence and business address, and written consent of the owner of the premises, which owner shall indicate his consent by signing the application in the space provided;

(e) The address and the particular room or rooms for which the permit is required, the square foot area thereof to be used for entertainment, and the seating capacity for the service of meals;

(f) The exact nature of the proposed business for which the permit is requested and the name under which it is to be operated;

(g) Whether or not the applicant or persons referred to in subsections (c) and (d) of this section have had a permit for the same or any similar business suspended or revoked anywhere and, if so, the circumstances of such suspension or revocation. The suspension or cancellation of a liquor license shall be considered as included within the purpose of this subsection;

(h) Whether or not the applicant, or any officer or director or member of the applicant, as the case may be, has ever been convicted in any court for any crime set forth in Section 5-5.06 of this chapter and upon which the Chief of Police is required to investigate and report;

(i) A statement in detail of the kind of entertainment which is to be conducted on the premises;

(j) The hours of operation; and

(k) Such other information as the City Clerk may require.

(§ 4, Ord. 570, as amended by § 1, Ord. 75-127, eff. July 24, 1975, and § 2, Ord. 78-171, eff. June 27, 1978)

(a) Duties of City Clerk. The City Clerk shall cause investigations to be made by the Chief of Police, Fire Chief, and Building Official to ascertain what effect, if any, the issuance of such permit will have on the public peace, health, safety, morals, and general welfare of the City and its inhabitants.

(b) Duties of Chief of Police. The Chief of Police shall investigate and ascertain whether or not the applicant and all persons directly or indirectly interested in the permit or proposed business as owner, partners, officers, manager, or other person to be in charge of the premises are reputed to be persons of good moral character. He shall also ascertain whether or not any of such persons have been convicted of a felony or any crime involving theft, embezzlement, or moral turpitude or have had a license or permit for a similar business or liquor license suspended, canceled, or revoked. The Chief of Police shall make a report of his findings to the City Clerk, together with his recommendations, if any. The City may cause fingerprints to be taken of the applicant and any other person referred to in subsections (b), (c), and (d) of Section 5-5.05 of this chapter.

(c) Duties of Fire Chief and Building Official. The Fire Chief and the Building Official, within the jurisdiction and duties of their particular departments, shall ascertain whether or not the premises to be used are suitable, proper, and adequate and comply with the laws for the issuance of the permit.

The Building Official and the Fire Chief shall each investigate and report as to compliance with building and fire regulations, floor area regulations, and regulations pertaining to dining areas and dining area seating capacity.

Such investigating officers shall include in their respective reports any information they may have regarding the character and reputation of the applicant, manager, or other person to be in charge of the premises or the person owning the business.

If any of such investigating officers shall find, after investigation on his part as provided in this subsection, that the premises do not comply with law or that such use of the premises would result in a violation of law, he shall recommend that the application be denied. For the purpose of permitting the applicant to correct matters objected to under this subsection, except improper fire or land use zones, on request of the applicant and his assurance that the matters objected to will be corrected, the City Clerk may grant an extension of time for such purpose not, however, to exceed sixty (60) days.

(d) Filing of investigation reports. Such investigating officers shall file with the City Clerk their reports in writing, stating the extent of their investigation, sources of information, particulars of objections, and their recommendations.

(§ 5, Ord. 570)

Within twenty (20) days after receiving an application for such permit, the City Clerk shall forward such application and the recommendations to the Council for consideration at its next regular meeting. At such meeting the Council shall review the application and recommendations and shall either grant the permit or shall set the matter for hearing.

(§ 5.1, Ord. 570)

The Council shall fix the time and place of the hearing and shall notify the applicant thereof by personal service or certified mail. The notice shall be substantially in the following form but may include other information:

"You are hereby notified that a hearing will be held at ___________, on the ________ day of _______, 20___, at the hour of _______, at which time you may show cause why the permit for which your application was filed should be granted."

At the time and place fixed in such notice, or at any time to which the matter may be continued, the Council shall hear the applicant and his witnesses and receive any documentary evidence offered in support of the granting of the permit.

If, after such hearing, the Council is satisfied that proper notice has been given, the Council shall grant the permit, unless the Council shall find that the granting of such permit would be inimical to the public health, safety, morals, or general welfare.

(§ 5.2, Ord. 570)

If the permit is granted, the City Clerk shall issue the permit. The City Clerk, in issuing permits, shall strictly limit such permits to the terms of the application and to such other terms as the Council may specify.

(§ 6, Ord. 570)

The permit shall expire at the end of six (6) months following the date of issuance; provided, however, such permits may be renewed for an additional period of six (6) months upon the filing of an application accompanied by a renewal fee in the amount of One Hundred and no/100ths ($100.00) Dollars.

(§ 6, Ord. 570, as amended by § 2, Ord. 75-127, eff. July 24, 1975, and § 2, Ord. 78-171, eff. June 27, 1978)

Any permit issued pursuant to the provisions of this chapter shall be summarily and temporarily suspended by the Chief of Police or a license inspector in the event the permittee has violated any of the rules and regulations set forth in this chapter or has violated or permitted the infraction of any law of the State or of the City. Such suspension shall be accomplished by posting a notice thereof on the premises over the place where the permit is required to be posted. Within twenty-four (24) hours thereafter, a copy of such notice, together with the reasons for the suspension, shall be transmitted to the Council. The Council shall, at its next regular meeting, hear the matter, giving at least three (3) days' notice of such hearing to the permittee. The hearing may be continued from time to time at the discretion of the Council and, on the conclusion thereof, the Council may continue the suspension, may revoke the permit, or may terminate the suspension and reinstate the permit. The decision of the Council shall be final and conclusive. The Council shall revoke the permit of any person convicted of violating any provision of this chapter and shall not grant another permit to such person or for the same premises for a period of six (6) months after such revocation.

Upon revocation or suspension by the Council, such permit shall be surrendered to the City Clerk for cancellation, and a new permit may be issued thereafter only in accordance with the provisions contained in this chapter.

(§ 10, Ord. 570)

Every person holding such permit shall keep the same posted in a conspicuous place upon the licensed premises in open and clear view.

(§ 7, Ord. 570)

It shall be unlawful for any permittee to assign or attempt to assign any such permit or to use such permit or permit its use in connection with the operation of any other premises.

(§ 8, Ord. 570)

It shall be unlawful for any person to conduct, show, stage, perform, or produce any entertainment between the hours of 2:00 a.m. and 6:00 a.m. in any establishment for which such permit is required except by special written authorization of the City Clerk and under the conditions therein set forth.

(§ 9, Ord. 570)

No person shall use any establishment for which such permit is required for the purpose of conducting a private club between the hours of 2:00 a.m. and 6:00 a.m.

(§ 9.1, Ord. 570)

It shall be unlawful for any person employed in any establishment for which such permit is required to solicit or accept drinks of alcoholic beverages from any customer while so employed.

(§ 9.2, Ord. 570)

It shall be unlawful for any person to violate any of the following rules and regulations:

(a) The room, hall, or other place where dining and dancing are permitted shall be kept well and adequately lighted with uniform intensity at all times and with a minimum light of three (3) foot-candles thirty (30″) inches from the floor, and all places where dancing is permitted shall be open and in clear view.

(b) No person shall pay or receive any fee or remuneration to be a dancing partner with a person of the opposite sex. This provision shall not apply to professional paid entertainers when performing as such.

(c) Smoking on the floor area used for dancing shall be prohibited.

(§ 9.4, Ord. 570)

Every person holding a permit issued pursuant to the provisions of this chapter shall keep posted immediately adjacent to the permit in a conspicuous place upon the licensed premises in open and clear view the rules and regulations set forth in Section 5-5.17 of this chapter and such supplemental rules and regulations as may be recommended by the Council and adopted by resolution of the Council.

(§ 9.3, Ord. 570)

No permit shall be required of any nonprofit organization, including, but not limited to, bona fide charitable, religious, benevolent, and educational organizations, nor in connection with the use of any property owned by the City.

(§ 11, Ord. 570)