Mono County Municipal Code Ch. 5.41 Amplified Public Entertainment Establishment—license

As utilized in this chapter, the following terms shall be construed to have the following meanings:

A. "Public entertainment" means any act, song, musical instrumental performance, recitation, dance or acting performance conducted in person by one or more persons for compensation before or for the benefit of an audience consisting of two or more persons.

B. "Amplified public entertainment" means public entertainment which is augmented, rebroadcast or amplified through the use of electrically powered microphones or speakers.

C. "Amplified public entertainment establishment" means any place of business open to the general public, with or without the requirement of an admission fee, providing amplified public entertainment. Such establishments include, but are not limited to, restaurants, nightclubs, concert halls, bars, coffee houses or clubs providing amplified public entertainment.

(Ord. 84-518 § 1 (part), 1984.)

The provisions of this chapter shall not be applicable to the following activities:

A. Any house of worship, church or religious service.

B. Any meeting or activity sponsored by a religious group, or bona fide charitable organization, fraternal service organization, Chambers of Commerce or other nonprofit organization recognized as such by the California State Franchise Tax Board and/or the Internal Revenue Service.

C. Any outdoor festival regulated by the provisions of Chapter 5.40.

(Ord. 84-518 § 1 (part), 1984.)

Within thirty days of the effective date of the ordinance codified in this chapter, any person or entity owning, operating or participating in the ownership or operation of an amplified public entertainment establishment within Mono County shall apply to the treasurer/tax collector for an amplified public entertainment license pursuant to the procedure set forth in Section 5.41.040.

The operation of an amplified public entertainment establishment without a properly issued license as required by this chapter shall constitute a misdemeanor punishable by up to a five hundred dollar fine and/or up to six months incarceration in the county jail. The operation of an amplified public entertainment establishment without a properly issued license as required by this chapter shall also constitute an "unlawful public assembly" as defined by California Penal Code Section 407 subject to disbursement upon the order of any sworn peace officer of Mono County.

(Ord. 84-518 § 1 (part), 1984.)

In addition to any other licensing requirements established by Mono County ordinances or applicable state and federal law, any person or entity presently owning or operating, or intending to own or operate, any amplified public entertainment establishment, as defined in Section 5.41.010, shall submit a license application and processing fee as prescribed in Section 5.41.050 to the Mono County treasurer/tax collector.

(Ord. 84-518 § 1 (part), 1984.)

Any person or entity submitting an application for an amplified public entertainment license shall submit a license application processing fee of fifty dollars. Unless the license provided in this chapter is suspended, modified or revoked, pursuant to Section 5.41.090, the fee is to be paid by the person or entity only upon application. The license is not assignable or transferable. Any successor in interest must make a new application and pay a new fee. All applications shall contain the following information in writing:

A. The name, address and telephone number of the license applicant. If the applicant is a corporation, the applicant shall supply the name of the corporation set forth in its articles of incorporation; the names and business addresses of each of its officers and holders of more than ten percent of its common stock. If the applicant is a partnership or limited partnership, the applicant shall supply the name of the partnership and the names and addresses of each of the partners. If one or more of the partnership is a corporation, the information provisions of this section, pertaining to a corporate applicant, shall apply;

B. The type of activity to be conducted pursuant to the license, specifically the type of entertainment to be presented (i.e., stage show, dance music, musical review, etc.);

C. The maximum seating capacity as approved by the building department for the type of activity contemplated under the license;

D. The hours of proposed operation and days of proposed operation;

E. The zoning and land use designation of the property for which the license is sought; and

F. Any previous or other business locations of the applicant in Mono County which require or which would have required the obtaining of an amplified public entertainment establishment license.

(Ord. 84-518 § 1 (part), 1984.)

A. Upon submission of the application and application fee required by Section 5.41.050, the treasurer/tax collector shall review the application and any protests thereto.

B. An application shall be denied if the proposed establishment is:

1. Within an area not properly zoned for the type of activity contemplated; or

2. If there have been within the past five years complaints concerning amplified entertainment activity on the premises.

C. The decision of the treasurer/tax collector to grant or deny the license application shall be made in writing and shall specify the reasons for any denial of application. The written decision of the treasurer/tax collector shall be posted in a conspicuous location on the premises of the proposed activity within ten days of issuance and shall remain posted there for ten days.

D. Within ten days of the posting of the decision to grant or deny the license application, any person interested in the grant or denial of the license may appeal the decision of the treasurer/tax collector, in writing, to the board of supervisors who will schedule the same for hearing within thirty days.

In hearing any protest, the board of supervisors shall consider the original decision of the treasurer/tax collector, the criteria set forth in subsection (B) of this section, and other evidence presented at the time of hearing. If on the basis of these criteria, it appears that the decision of the treasurer/tax collector was substantiated by the evidence, as a whole, the appeal shall be denied.

E. The decision of the treasurer/tax collector to grant or deny the license application shall be given interim effect pending appeal hearing and decision by the board of supervisors.

(Ord. 84-518 § 1 (part), 1984.)

An amplified public entertainment license shall contain the following:

A. The name and address of the licensed establishment;

B. The name and address of the owner and/or operator of the establishment;

C. The hours of permitted licensed activities; and

D. A notice that the license is nontransferable and that a new license application is required upon any change of the business license.

(Ord. 84-518 § 1 (part), 1984.)

The operation of an amplified public entertainment establishment is subject to the restrictions imposed by California state law and this code, particularly the noise regulation provisions of Chapter 10.16 of this code, as well as such other regulations and restrictions as may be adopted pursuant to resolution by the board of supervisors.

(Ord. 84-518 § 1 (part), 1984.)

A. In addition to any criminal actions against the licensee arising out of a violation of Section 5.41.080, a license may be suspended, modified or revoked by the treasurer/tax collector if, after due notice and hearing as provided in subsection (B) of this section, he or she finds that:

1. The applicant or licensee, or any agent or representative thereof has knowingly made any false, misleading or fraudulent statement of a material fact in the application; or

2. The applicant or licensee, or any agent or representative thereof has violated any of the provisions of this chapter; or

3. The treasurer/tax collector finds that there is substantial evidence to support any written complaint alleging a violation of this chapter.

B. In the event that the treasurer/tax collector believes that there has been a violation of subsection (A) (1) or (2) of this section, or has received a written complaint alleging a violation of this chapter, the treasurer/tax collector shall fix a time and place for a public administrative hearing on the alleged violation within thirty days of receipt of any information of an alleged violation. Not less than ten days prior to the date of the public hearing, the treasurer/tax collector shall cause notice of the time, place and location of the public hearing to be published in a newspaper of general circulation and to cause the notice of the hearing to be posted by the sheriff in a conspicuous place on the property on which the amplified public entertainment is being conducted.

C. If the treasurer/tax collector determines after a public hearing that there has been a violation of this chapter, he or she shall suspend, modify or revoke the license and shall prepare a notice of said suspension, modification or revocation setting forth the reasons therefor. Such notice shall be sent by certified mail to the licensee, any interested party or any agent or representative thereof at the last known addresses of the foregoing. Any interested party who is dissatisfied with the decision on the treasurer/tax collector may appeal the decision in the manner provided in Section 5.41.100.

(Ord. 84-518 § 1 (part), 1984.)

Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section:

A. Within fifteen calendar days after receipt of the decision of the treasurer/tax collector, any person or entity which is dissatisfied with the decision, may appeal such action by filing with the clerk of the board of supervisors a written appeal briefly setting forth the reasons why such a decision is not proper and shall enclose a copy of the certified receipt.

B. Upon receipt of such a written appeal, the clerk of the board shall set the matter for hearing before the board of supervisors. The hearing shall be held within thirty days after the date of the filing of the appeal. At least one week prior to the date of the hearing on the appeal, the clerk of the board of supervisors shall notify the appellant, the treasurer/tax collector, and all interested persons who made appearances before the treasurer/tax collector of the date and the place of the hearing. At such hearing, all interested persons may present any evidence relevant to the decision appealed. The formal rules of evidence applicable in a court of law shall not apply to such hearing.

C. At the conclusion of the hearing, the board of supervisors may affirm, reverse, modify or remand the decision appealed. Unless remanded, the decision of the board of supervisors is final.

(Ord. 84-518 § 1 (part), 1984.)