Monterey Municipal Code Art. 2 Night Entertainment Permits

No person shall, without a permit from the Chief of Police, operate, conduct or manage any place where food or beverages (other than alcoholic beverages) are sold, offered for sale or given away, and where music or entertainment is provided or furnished between the hours of 2:00 a.m. and 6:00 a.m. Any permit granted under the provisions of this Section shall be valid only as to the location specified therein, and where the applicant operates, manages or conducts two or more such places, a separate permit shall be required for each location.

No permit under this Article shall be required of any bona fide charitable, religious, benevolent or educational organization, community chest organization or persons holding permits required under Sections 5-13 to 5-18.

Each application for a permit under this Article shall be made in writing and shall be signed and verified by the applicant. If the applicant is a corporation, partnership, group or organization, it shall be signed by the officer or member who is in responsible authority and control over the operation or management at the premises for which the permit is requested.

Each such application shall set forth the following:

a.The location for which the permit is requested.

b.The names and addresses of the persons who have authority or control over the place for which the permit is requested and a brief statement of the nature or extent of such authority or control.

c.The general type of entertainment to be furnished.

d.The hours of operation.

e.Such information as to management, authority and control as the Chief of Police may require in order to enforce the provisions of this Article.

f.Such other information as to the general fitness of the applicant that the Chief of Police may require.

g.The address to which notice, when required, is to be sent or mailed, which shall be that of place within this City.

Each application for a permit under this Article shall be accompanied by a fee in the amount set by resolution. For every annual renewal thereafter granted, a separate fee shall be charged in an amount set by resolution.

Before granting a permit under this Article, the Chief of Police may make such investigation and require such further evidence as may be necessary as to the identity and interest of the applicant and of persons other than the applicant who may be associated with him as principals or partners, or who may be in partial or total control of the establishment to be operated under the permit. The Chief of Police may also require such further evidence as may be necessary as to the character, prior conduct and general fitness of the applicant, or persons other than applicant who may be associated with him as principals or partners, or who may be in partial or total control over the place to be operated under the permit.

The Chief of Police may deny any application for a permit under this Article for any of the following reasons:

a.The applicant, or persons who may be associated with the applicant as principals or partners, or who may be in partial or total control over the place to be operated under the permit, have been convicted of a crime involving moral turpitude or the use, possession or sale of narcotics.

b.The place to be operated under the permit is located in an area adjacent to motels, hotels, lodging houses or residences where people customarily sleep during the hours set out in Section 5-3.

c.The operation of such establishment will not comport with public welfare.

No permit under this Article shall be transferable as to ownership.

Permits issued under the provisions of this Article shall expire at 12:00 midnight, December 31, of the year in which such permit was issued. Such permit may be renewed by a written request to the Chief of Police accompanied by the renewal fee, or the Chief of Police may require that an application for the renewal contain the same information and be in the same form as a new application.

Any permit issued under this Article, upon five days written notice mailed to the permittee at the address for which the permit is issued, and upon a hearing before the Chief of Police, may be suspended or revoked by the Chief of Police if he shall find any of the following:

a.The permittee has knowingly made any material misrepresentation in his application.

b.For any reason which would have been a cause for denying such permit.

c.The premises for which the permit is issued is being operated in violation of a public statute or provision of this Code or any other City ordinance.

Any person whose application for a permit under this Article has been denied, suspended or revoked by the Chief of Police shall have the right to appeal to the City Council by filing a written notice of appeal with the City Clerk within five days after written denial, revocation or suspension is personally served upon him and the City Council shall at its next regular meeting set a time and place for the hearing of the appeal and the City Clerk shall give at least ten days written notice of such hearing to the applicant by mailing to the address as shown on the application. The decision of the City Council at such hearing shall be final.