Montclair Municipal Code Art. II Live Entertainment Permits

A. The Chief of Police shall have authority to grant, deny, or renew entertainment permits.

B. The application for permit shall be made on a form provided by the City. An original and two copies of the completed and sworn application for permit shall be filed with the Police Chief.

C. The completed application for permit shall contain the following information and be accompanied by the following documents:

1. The applicant's legal name and permanent residence address and relationship to owner of business;

2. A detailed description of the entertainment, including the type of entertainment and the number and ages of persons engaged in the entertainment;

3. The dates, hours and location where such entertainment is proposed and the admission fee, if any, to be charged;

4. The exact name or names of the person or persons having the management or supervision responsibility for the applicant's business on the date(s) of the proposed entertainment;

5. The name or names of the person or persons who are the legal owner or owners of the premises where the applicant proposes to operate his or her business.

D. If the live entertainment or presentation contains activities commonly referred to as, but not limited to, "bikini contests," "legs contests," "dance contests," "exotic dancers," "dance reviews," "beauty contests," or other presentations of a similar nature (but not meeting the definition of an adult-oriented business as defined in Section 11.40.030 of this Code), a designated performance area shall be clearly identified and facilitate a separation between the audience, patrons or customers and the performers or entertainers. Such separation shall be maintained so that during the performance or entertainment, there shall be no physical contact between the performers or entertainers and the audience, patrons, or customers, including any contact for purposes of payment of a gratuity. Prior to the issuance of the permit, this stage or performance area (designated areas) shall be inspected and receive approval from a City Police Department representative.

E. The completed application for permit shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council.

F. Upon receipt of a completed application for permit and payment of the application fee, the Police Chief shall immediately stamp the application for permit as "received" and promptly investigate the application.

G. If the Police Chief determines that the applicant has completed the application for permit improperly, the Police Chief shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than 10 calendar days to complete the application for permit properly. In addition, the applicant may request an extension of time for the Police Chief to act on the application for permit. The time period for granting or denying the application for permit shall be stayed during the time period in which the applicant is granted an extension of time.

(Ord. 99-791 Exh. A (part); prior code § 5-7.04 (part))

A. Within 14 days after receipt of the properly completed application for permit, the Police Chief shall grant or deny the application for permit and so notify the applicant as follows:

1. The Police Chief shall write or stamp "granted" or "denied" on the application for permit and date and sign such notification.

2. If the application for permit is denied, the Police Chief shall attach to the application for permit an explanation of the reasons for such denial.

3. A copy of the application for permit, as granted or denied, shall be placed in the United States mail, first class postage fully prepaid, addressed to the applicant at the residence address stated in the application for permit.

B. The Police Chief shall grant the application for permit and issue the permit unless the application for permit is denied for one or more of the reasons set forth in subsection D of this section.

C. If the Police Chief grants the application for permit or if the Police Chief neither grants nor denies the application for permit within 14 days after it is stamped as "received" (except as provided in Section 4.52.040(G), the applicant may begin performing in the capacity for which the permit was sought.

D. The Police Chief shall deny the application for permit for any of the following reasons:

1. The applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application for permit or in any report or document required to be filed with the application for permit;

2. The applicant is under 18 years of age;

3. The entertainment permit is to be used for performing in a business prohibited by the laws of the State of California or of the City of Montclair;

4. The stage or performance area of the premises do not meet the requirements of this chapter.

E. Each entertainment permit shall expire one year from the date of issuance and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the application fee and a copy of the entertainment permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the entertainment permit. When made less than 30 days before the expiration date of said permit, the expiration of the entertainment permit will not be stayed. Applications for renewal shall be acted on as provided herein for applications for permits.

(Ord. 99-791 Exh. A (part); prior code § 5-7.04 (part))

An entertainment permit may be suspended or revoked in accordance with the procedures and standards of this section.

A. On determining that grounds for revocation of the entertainment permit exist, the Police Chief shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage fully prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least 10 days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the Police Chief, but at a minimum shall include the following:

1. All parties involved shall have a right to offer testimonial, documentary and tangible evidence bearing on the issues;

2. All parties involved may be represented by counsel and shall have the right to confront and cross-examine witnesses;

3. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs;

4. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness; and

5. The Police Chief's decision may be appealed in accordance with Section 4.52.070.

B. A permittee may be subject to suspension or revocation of his or her entertainment permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee:

1. The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for permit or in any report or record required to be filed with the City;

2. Any failure to comply with any requirement of this chapter;

3. Any failure to abide by any disciplinary action previously imposed by an appropriate City official;

4. The permitted entertainment becomes a nuisance to the community, neighborhood, or surrounding businesses;

5. The entertainment exceeds the scope of the entertainment described in the application.

C. After holding the hearing in accordance with the provisions of this section, if the Police Chief finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Police Chief shall impose one of the following:

1. A warning;

2. Suspension of the entertainment permit for a specified period not to exceed six months;

3. Revocation of the entertainment permit.

(Ord. 99-791 Exh. A (part); prior code § 5-7.04 (part))

After denial of an application for permit for an entertainment permit, or after denial of renewal for such permit, or suspension or revocation of such permit, the applicant or person to whom the entertainment permit was granted ("permittee"), the applicant or permittee may seek review of such administrative action by the Police Chief in accordance with the provisions of Section 1.08.010, et seq., of this Code. If the denial, suspension or revocation is affirmed on review, the applicant or permittee may seek prompt judicial review of such administrative action pursuant to the California Code of Civil Procedure Section 1094.5. The City shall make all reasonable efforts to expedite judicial review, if sought by the applicant or permittee.

(Prior code § 5-7.04 (part))