Mountain House Municipal Code Ch. 17 Entertainment

(a) The City Council of the City encourages the development of arts and culture in the City of Mountain House, and recognizes that many entertainment venues provide a means for such development. The City Council further recognizes that the variety of entertainment venues in the City provide a rich and diverse cultural experience for the residents of the City and visitors to the City. The City Council also recognizes that many non-alcoholic entertainment venues provide a safe place for families and young adults to gather.

(b) The City Council hereby finds that the operation of entertainment establishments present an environment with the demonstrated potential for excessive noise generation and disorderly conduct by patrons, particularly at closing times, with the attendant adverse health and safety impacts on the surrounding business and residential community.

(c) Therefore, it is the purpose of this Chapter to regulate the operation of entertainment establishments to prevent the creation of inconsistent and incompatible uses while recognizing and protecting the constitutional rights of the citizens of the City of Mountain House. All applicants will be held responsible for controlling patron conduct in and around the establishments, making adequate provisions for security and crowd control, protecting the City's youth from criminal activity and minimizing disturbances as a result of the operation of the entertainment.

(d) It is also the intent of this Chapter to provide options in regulating the variety of businesses and events that provide entertainment. The City Council finds that the imposition of conditions tailored to the particular establishment will allow the business or event to flourish while meeting the City's public health and safety needs. This approach also would avoid placing unnecessary conditions on existing businesses or organizations with a history of compliance with the City laws and requirements.

(Ord. 2024-18, § 1(Exh. A), 2024)

For purposes of this Chapter:

(a) "ABC license" means the license issued by the California Department of Alcoholic Beverage Control.

(b) "Admission charge" means any charge for the right or privilege to enter any place of entertainment including a minimum service charge, an event charge, a cover charge, a charge for the use of seats and tables, or any other similar charge. It also includes the purchase or presentation of a ticket or token directly or indirectly required as a condition for entrance. It does not include tips, gratuities, voluntary donations, or suggested donations for employees or for any person providing entertainment.

(c) "Applicant" means a person, persons, or business entity that has been issued a permit as provided in this Chapter.

(d) "Dance" and "dancing" means movement of the human body, accompanied by music or rhythm.

(e) "Director" means the Director of the Community Development Department of the City and/or designee.

(f) "Disorderly conduct" means any of the following: consumption of alcoholic beverages on public property, public drunkenness, obstructing the free passage of pedestrians over public sidewalks, the obstruction of free passage of vehicles within the public right-of-way, littering, fighting, loud speaking or shouting in violation of California Penal Code Sections 415 and/or 647, or the operation of automobile audio systems in a manner that violates Ordinance Code of City of Mountain House Sections 6-3100 et seq.

(g) "Entertainment" or "entertainment establishment" means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen, or participate or that is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons, including, but not limited to:

(1) Presentations by single or multiple performers, such as hypnotists, mimes, comedians, musical song or dance acts, plays, concerts, any type of contest, sporting events, exhibitions, carnival, rodeo or circus acts, demonstrations of talent, shows, reviews and any other such activity which may be attended by members of the public;

(2) Dancing to live or recorded music;

(3) The presentation of recorded music played on equipment which is operated by an agent or contractor of the establishment, commonly known as a "DJ" or "disc jockey." Entertainment does not include ambient music provided through the use of a radio, stereo, juke box, music recording machine or other similar device.

(h) "Entertainment Permit" means any permit issued by the City pursuant to this Chapter related to the operation of a public dance, entertainment establishment, or amusement premises.

(i) "Reasonable Efforts" means the provision of an adequate number of licensed security personnel, the adoption and posting of operating policies that are consistent with the requirements of this Code and the permit and the adherence to those policies, the documented training of employees in the carrying out of the establishment operating policies, notifying the Sheriff's Office of apparent criminal activity, and the taking of all additional measures consistent with sound business judgment necessary to accomplish the required result.

(j) "Responsible Person" means the applicant, owner, proprietor, promoter, manager, assistant manager or other person exercising control over the operation of an entertainment establishment, whether or not that person is a named applicant.

(k) "Special Event" means entertainment conducted on private property where all of the following circumstances exist:

(1) The premises or location where the entertainment is to be conducted is not the subject of an existing entertainment permit issued pursuant to this Chapter;

(2) Entertainment will only be offered for a limited period of time, not to exceed three (3) days. (See also Sections 9-1-304 "Special Indoor Event" and "Special Outdoor Event"); and

(3) Special Event permits will be processed as Staff Review with an Improvement Plan.

(l) "Theater" means any commercial establishment where regular sporting events, concerts, motion picture screenings or theatrical performances are given, usually on a stage, and usually with ascending row seating or some arrangement of permanent seating.

(Ord. 2024-18, § 1(Exh. A), 2024)

Entertainment permits shall be reviewed by the Director using the Staff Review with Notice Procedure in Chapter 4 of Division 2, except as provided herein.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) Unless exempt pursuant to Section 9-1085.5, no person shall provide or permit any entertainment that is open to the public without an entertainment permit issued pursuant to this Chapter.

(b) Neither the obtaining of an entertainment permit nor compliance with the operating standards provided in this Chapter shall obviate the need for, or excuse any noncompliance with, the Zoning Code, Building Code, Fire Code or any other or additional permit requirement or standard made applicable to the entertainment or entertainment establishment under any other provision of this code or state or federal law.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following types of entertainment and events are exempt from the permit required by this Chapter. This exemption does not relieve any entertainment establishment from complying with all other applicable laws, including, but not limited to, laws related to noise levels and nuisances.

(a) Entertainment sponsored by any agency of the City, the various boards of education, or by any other political subdivision of the State of California;

(b) Entertainment sponsored by any nonprofit public benefit organization, such as Girl Scouts, Boy Scouts, Little League or Boys and Girls Club, whose primary objective is the sponsoring and control of youth activities and child welfare. If the event is a dance for the minor members of the organization, the following requirements must be met:

(1) No person eighteen (18) years of age or older may be admitted as a guest, unless such person is a bona fide student at, or member of, the sponsoring agency or organization, or the family member of a member or student of the sponsoring agency or organization;

(2) No alcoholic beverages may be served, consumed or permitted on the premises;

(3) Chaperones from the sponsoring agency are present on the premises at the rate of two (2) adults, who are at least twenty-five (25) years of age or older, for every one hundred (100) guests; and

(4) The event must finish by 12:00 a.m. and the premises and the adjoining parking lots must be promptly vacated by all the guests.

(c) Entertainment lawfully conducted at any County park, building or recreational facility;

(d) Entertainment lawfully conducted entirely upon property owned or controlled by a governmental entity;

(e) Entertainment limited to the use of a radio, recorded music or speech not provided by a D.J., juke box, television, video games, video programs, in an establishment that does not permit dancing;

(f) Entertainment provided for members and their guests at a private club having an established membership when admission is not open to the public. For purposes of this Section, private club means corporations or associations operated solely for objects of national, social, fraternal, patriotic, political, or athletic nature, in which membership is by application and regular dues are charged, and the advantages of which club belong to members, and the operation of which is not primarily for monetary gain;

(g) Entertainment provided for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge;

(h) Entertainment conducted in connection with a regularly established theme park;

(i) Parades;

(j) Street performers such as musicians, singers or mimes;

(k) Entertainment conducted or sponsored by any religious organization, club, organization, society or association, that is exempt from taxation pursuant to Internal Revenue Code Section 501(c)(3), when all proceeds, if any, arising from such entertainment are used exclusively for the benevolent purposes of such religious organization, club, society or association;

(l) Performances by the students at educational institutions as defined by the Education Code where such performances are part of an educational or instructional curriculum or program;

(m) Theaters;

(n) Motion picture theaters not providing live entertainment;

(o) Dance lessons, theatrical and performing arts lessons and student recitals;

(p) Book readings, book signings, poetry recitations, and any other similar entertainment consisting of the spoken word, including plays;

(q) Fundraisers for a political cause;

(r) Entertainment consisting of ambient or incidental music provided for guests or patrons by musicians such as a piano player, harpist, strolling violinist, mariachi band, guitarist or band. If there is an admission charge required to observe or attend such entertainment, the music will not be considered ambient or incidental;

(s) Any establishment, venue or assemblage of forty-nine (49) persons or less, as described in the maximum occupancy;

(t) Entertainment lawfully conducted at any of the following regulated businesses:

(1) "Adult Entertainment," as defined in Section 9-1-4-315 and regulated under Section 9-10-1401;

(2) "Amusement arcades," regulated under Chapter 3 of Division 1 of Title 6. However, if entertainment, other than the operation of mechanical amusement devices, is conducted on the premises of any amusement arcade, such amusement arcade shall not, by virtue of this provision, be exempt from the permit requirement of this Chapter; and

(3) "Bingo," regulated under Chapter 4 of Division 1 of Title 6.

(u) The normal and customary fitness services provided by an athletic club or fitness center.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Chapter is intended to implement minimum standards applicable to the operation of all entertainment establishments whether or not such establishments are subject to the Entertainment Permit requirements contained in this Chapter. Nothing in this Article shall limit the City's authority to impose and enforce permit conditions requiring entertainment establishments to comply with operating standards that are more strict, comprehensive or onerous than the minimum standards imposed by this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)

Except as otherwise provided herein, entertainment uses shall meet the performance standards specified in Section 9-10-501. Measures determined to be necessary by any required studies shall be implemented prior to commencement of the use.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) Except as otherwise provided herein, all entertainment establishments shall be closed and all patrons shall vacate the premises between 2:00 a.m. and 6:00 a.m., except that as part of a New Year celebration, entertainment establishments may remain open until 3:00 a.m. on January 1st. It is unlawful for any Responsible Person to fail to abide by the hours of closure.

(b) All outdoor entertainment establishments shall be closed and all patrons shall vacate the premises between 10:00 p.m. and 6:00 a.m. Sunday through Thursday, and 11:00 p.m. and 6:00 a.m. Friday and Saturday, except that as part of a New Year celebration, outdoor entertainment establishments may remain open until 1:00 a.m. on January 1st. It is unlawful for any Responsible Person to fail to abide by the hours of closure.

(c) A Responsible Person must be present in the entertainment establishment during all hours that the entertainment establishment is open and offering entertainment.

(Ord. 2024-18, § 1(Exh. A), 2024)

Each Responsible Person shall make Reasonable Efforts to prevent the admittance of any person whose conduct is described in Penal Code Section 415 (fighting, loud noise, offensive words in public places) or 647 (disorderly conduct) at the premises or on any parking lot or similar facility used by the establishment. Each Responsible Person shall make Reasonable Efforts to remove any persons exhibiting such conduct from the establishment.

(Ord. 2024-18, § 1(Exh. A), 2024)

Each Responsible Person shall make Reasonable Efforts to prevent the admittance of any obviously intoxicated person. For purposes of this Section, a person is obviously intoxicated when he or she exhibits readily apparent outward manifestations of drug or alcohol intoxication, including, but not limited to, inability to walk or stand in a normal manner, bloodshot or glassy eyes, flushed face, incoherent or slurred speech, alcoholic breath, belligerence or other loud or boisterous conduct, extreme agitation or nervousness or mental confusion.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) Indoor Establishments. No loudspeakers or sound equipment shall be used for the amplification of sound to a level audible beyond the walls of the building in which the business is located.

(b) Outdoor Establishments. Outdoor establishments shall comply with the requirements of Section 9-10-509.

(Ord. 2024-18, § 1(Exh. A), 2024)

Each Responsible Person shall make Reasonable Efforts to control the conduct of patrons so as to prevent or minimize disorderly or unlawful conduct within the establishment and within fifty (50) feet of the establishment.

(Ord. 2024-18, § 1(Exh. A), 2024)

Each Responsible Person shall use Reasonable Efforts to cause the orderly dispersal of patrons from the vicinity of the establishment at closing time.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) It is unlawful for any person to bring an alcoholic beverage onto the premises unless such action is allowed by the entertainment establishment's ABC license.

(b) It is unlawful for any Responsible Person to allow any person to bring an alcoholic beverage onto the premises unless such action is allowed by the entertainment establishment's ABC license.

(Ord. 2024-18, § 1(Exh. A), 2024)

In any establishment where the sale of alcoholic beverages is lawfully permitted, it is unlawful for any Responsible Person to allow any person to remain on the premises while such person is unclothed, or in such attire, costume, clothing or semi-transparent covering as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, buttocks, vulva or genitals.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) All applications for permits shall be filed with the Director on such forms as he or she may prescribe, and shall contain the following:

(1) The name, phone number, assessor parcel number, and permanent address of the applicant;

(2) A description of the type of entertainment (e.g., music, D.J., sporting events, comedy, talent show), and the maximum number of persons who are expected to be present within the entertainment establishment at any one time;

(3) The proposed number of parking spaces, opening date and hours of operation of the entertainment establishment;

(4) For special or limited duration events, the date or dates, hours and location at the proposed entertainment;

(5) The proposed security arrangements for the control of patrons;

(6) The name or names of the person or persons, at the time of application, having management or supervision authority over the proposed entertainment, or any business or premises wherein the entertainment is proposed to be located;

(7) Written consent for the proposed entertainment on the premises from the owner of the property on which the entertainment is to be conducted; and

(8) A site plan:

(A) Drawn on 24″ × 36″ paper and an 8½″ × 11″ reduction;

(B) North arrow should point to top or right of page;

(C) Include a vicinity map;

(D) Show adjacent properties with development type;

(E) Show all property lines of the parcel with dimensions;

(F) Show proposed and existing structures, tents, booths and similar structures;

(G) Show parking with calculations, driveways, landscaping.

(b) Upon receipt of a complete application, the Director shall provide to the applicant a Notice of Application for Entertainment Permit. The applicant shall post the notice on the exterior of the premises for which the permit is sought within twenty-four (24) hours after receiving the notice and for no less than fourteen (14) consecutive days, or in the case of an application for an Entertainment Permit for a Special Event for a period no less than forty-eight (48) hours, in a location that allows interested members of the public to read the notice.

(c) Except as provided below, the Director shall either approve or deny the Entertainment Permit within forty-five (45) working days of receipt of the complete application. The Director may extend the time for consideration of the application for up to an additional fifteen (15) working days with the written consent of the applicant. The failure of the Director to timely act shall constitute approval of the permit.

(d) The Director shall either approve or deny a Special Event permit within fifteen (15) working days of receipt of the complete application. The applicant shall notify the Sheriff's Department of the intent to hold the event at the time the application is submitted to the Community Development Department. The Sheriff's Department shall have up to ten (10) days to review the application. The Director may extend the time for consideration of the application for up to an additional three (3) working days with the written consent of the applicant. The failure of the Director to timely act shall constitute approval of the permit.

(Ord. 2024-18, § 1(Exh. A), 2024)

Every application for a permit shall be accompanied by a nonrefundable application fee as established by resolution of the City Council. This application fee shall be in addition to any other license or permit fee imposed by this Code upon the applicant.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving an application for a Entertainment Permit, the Review Authority shall find that all of the following are true:

(a) That the proposed entertainment is accessory to a permitted and established use;

(b) That issuance of the permit and conduct of the entertainment at the proposed location, as conditioned, is consistent with federal, state and local laws, rules, regulations and any existing entertainment permit(s);

(c) It does not appear, based upon the information before the Director, that the applicant has provided false or misleading material information in the application;

(d) The proposed use is consistent with the standards, and maps of the General Plan; any applicable Master Plan, Specific Plan, and Special Purpose Plan; and any other applicable plan adopted by the City;

(e) Adequate utilities, roadway improvements, sanitation, water supply, drainage, and other necessary facilities have been provided, and the proposed improvements are properly related to existing and proposed roadways;

(f) The site is physically suitable for the type of development and intensity of development. This means that any associated buildings, parking, utilities, ingress and egress, and other Development code requirements;

(g) The proposed entertainment use will not increase the possibility of unsanitary conditions, disease transmission, or contamination of soils or water, impair the operation of drainage and wastewater systems, or otherwise adversely impact public health or the environment; and

(h) The use is physically compatible with adjoining land use which means the proposed land use is capable of existing alongside of, and will not interfere with, or alter the current land use of adjoining properties.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) In issuing the permit, the Director may impose conditions relating to the operation of the entertainment establishment.

(1) Conditions may relate to:

(A) The days, hours and location of operation;

(B) Restrictions designed to prevent minors from obtaining alcohol, such as separate entrances, exits, and restroom facilities on the premises;

(C) The number of persons allowed on premises;

(D) Whether security guards are required, and if so, how many;

(E) Specific measures the applicant must undertake to control the conduct of patrons so as to prevent or minimize disorderly conduct within the establishment;

(F) Specific measures the applicant must undertake to remove trash attributable to the establishment or its patrons in and around the establishment, the surrounding neighborhood and the public right-of-way;

(G) Specific measures the applicant must undertake to prevent the entertainment and its patrons from disturbing the peace and quiet of the surrounding neighborhood;

(H) Specific measures the applicant must undertake to prevent its patrons from engaging in disorderly conduct in the surrounding neighborhood;

(I) Whether the Sheriff must receive advance notice of the date of a particular event if that event is not held as part of the regularly scheduled events of the business; or

(J) Other conditions of general applicability to land uses in the City.

(2) Conditions shall be based on specific and articulable facts reasonably related to insuring the public health, safety and welfare, including, but not limited to, the protection of minors from alcohol and other criminal activity, the conservation of limited County public safety resources and the prevention of public nuisance activities that detract from the peace and quiet of residential neighborhoods.

(3) Conditions shall be listed on, or attached to, the permit.

(4) The Director shall give the applicant an opportunity to review any proposed conditions and the Director will consider the input of the applicant prior to imposing those conditions.

(5) Conditions may not be imposed that conflict with any local, state or federal law, or that conflict with the applicant's ABC license.

(6) If the applicant has been issued a Special Event—Extended Permit or other entertainment related permit prior to the effective date of this Chapter, conditions placed upon that permit shall be conditions of the Entertainment Permit issued under authority of this Chapter. However, nothing in this subsection shall be construed to limit the authority of the Director to place additional conditions upon the entertainment permit that are not in conflict with the existing permit conditions or to require compliance with the existing permit conditions prior to issuance of the Entertainment Permit.

(7) If complaints have been received regarding operation of the premises, the Director may require the applicant to demonstrate compliance with applicable existing permits prior to issuance of the Entertainment Permit or may issue the permit conditioned upon the applicant obtaining any other necessary permit or other county, or state approval.

(8) No condition may be imposed pursuant to this Chapter that suppresses or regulates expression in any manner contrary to law.

(9) Imposition of any particular condition is appealable through the procedures set forth in Chapter 4 of Division 2.

(10) If an applicant has submitted a complete application for an Entertainment Permit prior to the expiration of a Special Event—Extended Permit and the applicant has not violated any of the conditions of the Special Event—Extended Permit and agrees to immediately begin operating in accordance with the provisions contained in this Chapter, the applicant may continue to offer entertainment pending review and action on the Entertainment Permit.

(Ord. 2024-18, § 1(Exh. A), 2024)

The permit issued pursuant to this Chapter shall at all times be displayed in a conspicuous place in the entertainment establishment for which it was issued and shall be immediately produced upon the request of any law enforcement or code enforcement officer.

(Ord. 2024-18, § 1(Exh. A), 2024)

In the event an application for a permit is denied by the Director, no application for a permit to conduct the proposed activity at the same location shall be considered by the Director for a period of one (1) year from the denial, unless denied without prejudice.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) Except as modified below, actions for enforcement, suspension, modification or revocation of an Entertainment Permit shall be governed by the procedures set forth in Chapter 7 of Division 2 of the Development Title.

(b) After notice and an opportunity for a hearing, a permit may be revoked, suspended or modified for any of the following reasons:

(1) The entertainment has been conducted in a manner contrary to the Findings for the issuance of a permit set forth in this Chapter;

(2) The applicant has failed to comply with one or more conditions of the permit;

(3) The entertainment has created sound levels that violate the Municipal Code;

(4) The applicant or his/her employees, agents, or representatives have violated or are violating federal, state or local laws, rules or regulations in connection with the entertainment;

(5) The entertainment has been conducted in an illegal or disorderly manner or has been conducted in such a manner as to constitute an unreasonable burden on the reasonable use and enjoyment of neighboring properties;

(6) The applicant has knowingly made a false statement of material fact or has knowingly omitted a material fact in the application;

(7) The entertainment has created or is creating a nuisance;

(8) The applicant or any other Responsible Person has violated any provision of this Chapter; or

(9) The modification has been requested by the applicant and the Director finds the modification is consistent with the provisions of this code and will not constitute a nuisance or an unreasonable burden upon County resources or the surrounding neighborhood.

(c) In the event the Director, following an office hearing, proposes to suspend, modify or revoke a permit, written notice of the proposed suspension, modification or revocation shall be personally delivered or sent to the person requesting the hearing. The notice shall contain:

(1) A brief statement on the specific grounds for such suspension, modification or revocation;

(2) A statement that the applicant may appeal the proposed suspension, modification or revocation by submitting an appeal, in writing to the Director, within ten (10) calendar days of the date of service of the notice;

(3) A statement that the failure to appeal the notice of suspension, modification or revocation will constitute a waiver of all right to an appeal hearing, and the suspension, modification or revocation wall be final.

(d) In the case of a suspension, modification or revocation, the applicant may continue to conduct entertainment during the pendency of any appeal.

(e) A challenge to the decision of the City Council may be filed with the San Joaquin Superior Court pursuant to California Code of Civil Procedure Section 1094.8, if applicable.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) Unless an earlier expiration date is specified in the terms of the permit itself, a Dance Permit issued on or before the effective date of this Section shall be valid for one (1) year from the effective date of this Section and shall terminate thereafter. Notwithstanding any other provision of this Chapter, all Dance Permits issued on or before the effective date of this section shall be subject to this Chapter, including suspension, modification or revocation provisions.

(b) An applicant with a permit subject to the provisions of subsection (a) of this Section may apply for an Entertainment Permit as provided above.

(c) If an Entertainment Permit renewal is issued as provided in subsection (b) of this Section, the Director may impose conditions on the permit in accordance with this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)