Mountain View Municipal Code Art. IV Public Entertainment

Public places which provide live entertainment to their patrons and which are licensed to serve alcoholic beverages for consumption upon the premises present special problems of noise, boisterous conduct, fighting, or other disorderly conduct, thefts, littering, loitering, public congestion inside the premises, and outside the premises in adjacent parking areas, or other adjacent areas, illegal parking, and related problems arising out of the particular circumstances attendant to public congregations of this type.

(Ord. No. 20.76, 3/29/76; Ord. No. 4.83, 1/25/83.)

No establishment which is licensed to serve alcoholic beverages for consumption upon the premises shall provide or permit live entertainment, other than recognized sports events, upon such premises without first obtaining an entertainment permit pursuant to the provisions of this article. Such permit shall be posted in a conspicuous public place on such premises at all times. Failure to post such permit shall be a violation of this Code and shall be grounds for suspension or revocation of such permit.

(Ord. No. 20.76, 3/29/76.)

Application for an entertainment permit referred to in Sec. 26.36 shall be filed with the chief of police upon a written form provided by that office stating the address and location for which the permit is required, together with the business name of such location, and the type of entertainment to be provided, the name and address of the applicant, of the manager of the business, and of all persons having any ownership interest in the activity, or who have authority or control over the premises for which the permit is requested, the opening and closing times and days of operation, type and number of security guards to be employed, and such other information as the chief of police shall reasonably require.

(Ord. No. 20.76, 3/29/76; Ord. No. 4.83, 1/25/83.)

The chief of police or his authorized representative shall conduct an investigation of the premises for which the permit is sought, and of the applicant, of the manager of the business, and of any person having any ownership interest in the activity, or who has authority or control over the premises for which the permit is requested, in a manner which the chief of police shall find is reasonably necessary to determine the suitability of the subject premises for public entertainment, and to determine the qualifications of those owning, operating, managing, or having authority or control over the establishment.

(Ord. No. 20.76, 3/29/76; Ord. No. 4.83, 1/25/83.)

An application for an entertainment permit shall be denied if the chief of police shall find that the applicant, the manager of the business or any person having any business or ownership interest in or authority or control over the premises, has owned, operated, managed or had authority or control over a commercial establishment which has been the scene of police problems within the last five (5) years. For purposes of deciding whether such commercial establishment has had a police problem, the chief of police shall consider the following:

(1) The number of times that disturbances occurred upon or adjacent to the premises which resulted in physical altercations or any other illegal, improper or disorderly conduct occurred, requiring police intervention.

(2) The seriousness of each such incident.

(3) The extent to which the licensee has attempted to prevent such incidents from occurring, or has cooperated with the police department before or after such incidents.

(4) The extent to which licensee's remedial action has succeeded in reducing such incidents.

(5) The extent to which such incidents caused disturbances to persons on other premises.

(Ord. No. 20.76, 3/29/76; Ord. No. 4.83, 1/25/83.)

The chief of police shall issue a permit within forty-five (45) days of receipt of the completed application if upon investigation there shall appear no reason under Sec. 26.39 to deny the application.

(Ord. No. 20.76, 3/29/76.)

An application for an entertainment permit shall be accompanied by an application fee in an amount set by council resolution imposed to cover the cost of investigation of the subject premises and applicants. An entertainment permit shall expire at the end of the calendar year following issuance, and may be renewed annually thereafter upon payment of a renewal fee in an amount set by council resolution. An application for renewal must be filed at least thirty (30) days prior to expiration of the current entertainment permit. Upon applicant's request for renewal, the chief of police may review the current activities upon and adjacent to the premises and may impose any additional conditions which he reasonably deems necessary to safeguard the public safety, health and welfare; or he may refuse to renew the permit for any of the reasons stated in Sec. 26.45.

(Ord. No. 20.76, 3/29/76; Ord. No. 4.83, 1/25/83; Ord. No. 26.91, 12/10/91.)

As a condition to the granting or renewal of the permit issued pursuant to this article, the chief of police may impose such reasonable conditions as he deems necessary to safeguard the public safety, health and welfare, including but not limited to:

1. Restrictions upon the hours of operation of the premises and/or public entertainment, and requirements for approval of significantly different entertainment to be provided;

2. Limitations on noise emissions;

3. Requirements for installation of soundproofing;

4. Restrictions on patrons leaving the premises and gaining readmittance;

5. Restrictions on patrons congregating outside the premises and in adjacent parking areas, or other adjacent areas;

6. Restrictions on entrance of, and parking of, motor vehicles on the site during hours of entertainment;

7. Requirements for type and number of approved security guards at the premises;

8. Exclusion of intoxicated, loud, boisterous, or disorderly persons from entering, being, or remaining in or upon the premises or adjacent areas;

9. Compliance with all laws or ordinances of the city and the state of California;

10. Requirements for additional parking in excess of that required by the zoning ordinance.

Issuance of any entertainment permit described in Sec. 26.40 shall be expressly conditioned upon the observance of each of these conditions, or any other conditions imposed, and violation of any such condition shall be grounds for the suspension or revocation of any permit issued pursuant to this article.

(Ord. No. 20.76, 3/29/76, Ord. No. 4.83, 1/25/83.)

The chief of police shall require, as a condition to the granting or renewal of the permit issued pursuant to this article, that the applicant prove to the satisfaction of the chief of police that all the relevant provisions of the zoning ordinance which are applicable to the premises and all other requirements which have been imposed as conditions of the issuance of the zoning permit, and including, but not limited to parking requirements, have been met.

(Ord. No. 20.76, 3/29/76.)

An entertainment permit and dance permit issued pursuant to Article III, Chapter 26 may be combined in a single document provided they have the same expiration date. The fee for a combined public entertainment and dance permit shall be as set forth in Sec. 26.41 for a public entertainment fee. A combined permit shall expire at the end of the calendar year following issuance and may be renewed annually thereafter upon payment of a renewal fee as set forth in Sec. 26.41. An application for renewal must be filed at least thirty (30) days prior to the expiration of the current combined permit. The procedures for suspension or revocation of such an entertainment permit or dance permit shall not be affected by the fact of its issuance in combined form.

(Ord. No. 20.76, 3/29/76; Ord. No. 4.83, 1/25/83; Ord. No. 26.91, 12/10/91.)

Any permit issued pursuant to this article, may be suspended for a period not to exceed six (6) months or revoked, if the chief of police finds:

a. That a police problem as defined by reference to the standard of review set forth in Sec. 26.39, has developed upon or adjacent to the premises since the last issuance and/or the last renewal of the subject permit.

b. That any condition of the permit has been or is being violated.

c. That the condition of operation of the premises has changed significantly since the granting of the permit without the owner, operator or manager having received prior approval of the chief of police.

(Ord. No. 20.76, 3/29/76; Ord. No. 4.83, 1/25/83.)

Prior to the suspension or revocation of any permit granted under the terms of this article, the chief of police shall hold a hearing after giving at least five (5) days' written notice to the licensee.

At the hearing, licensee may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs.

(Ord. No. 20.76, 3/29/76; Ord. No. 4.83, 1/25/83.)

Any person aggrieved by a decision of the chief of police under this article, may appeal such decision to the city council by filing a written notice of appeal with the city clerk within ten (10) days after the decision. Such appeal shall be heard by the city council within thirty (30) days after the filing of the appeal.

(Ord. No. 20.76, 3/29/76.)

No permit issued under the provisions of this article shall be transferable by operation of law or otherwise without the prior written consent of the chief of police; and any purported transfer of the permit shall render the permit void.

(Ord. No. 20.76, 3/29/76.)

The chief of police periodically may review the current status of any establishment having an entertainment permit, to determine if the conditions which existed at the time of issuance have changed significantly, and, if so, he may impose any reasonable additional conditions which he deems necessary to safeguard the public safety, health and welfare, subject to the provisions of Sec. 36.50.

(Ord. No. 20.76, 3/29/76.)

Prior to imposing any additional conditions upon a permit issued hereunder, the chief of police shall hold a hearing after giving not less than ten (10) days' notice by mail of the time, place, and nature thereof to any and all licensees at addresses shown on the permit application.

(Ord. No. 20.76, 3/29/76.)