National City Municipal Code Ch. 10.78 Entertainment Establishments

A. The city council encourages the development of arts and culture in the city, and recognizes that variety in entertainment venues in the city can provide a rich and diverse cultural experience for residents and visitors to the city. The council also recognizes that nonalcoholic entertainment venues provide a safe place for families and young adults to gather. The council finds also that entertainment establishments can present an environment with the potential for excessive noise generation and disorderly conduct by patrons, particularly at closing times, with adverse public safety impacts on surrounding businesses and residences.

B. It is therefore the purpose and intent of this chapter to regulate the operations of entertainment establishments in the interests of public safety. All permittees 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 for minimizing disturbances as a result of providing entertainment at the premises of the establishment.

C. It is further the intent of this chapter to provide options in imposing regulatory conditions tailored to the particular establishment which will allow the business or event to flourish while meeting the city's public safety needs and avoiding unnecessary restrictions on existing businesses or organizations with a history of compliance with the city laws.

(Ord. 2220 § 3 (part), 2003)

For purposes of this chapter, the following definitions shall apply:

A. "ABC License" means a license issued by the California Department of Alcoholic Beverage Control for the sale or consumption of alcoholic beverages.

B. "Admission charge" means any fee or charge for the right or privilege to enter any place of entertainment including a minimum service charge, event charge, cover charge, 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 any person providing entertainment.

C. "Conditional use permit" means a permit issued by the city pursuant to Chapter 18.116 in determining conditions related to the operation of public premises.

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

E. "Entertainment" or "live entertainment" means any single event or series of events open to the public and conducted for guests or patrons, including but not limited to:

1. Presentations by single or multiple performers, such as singers, musicians, hypnotists, pantomimes, 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, or any other 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 electronic sound equipment which is operated by an agent or contractor of the establishment, commonly known as "DJ" or "disc jockey."

F. "Theater" or "cinema" means any commercial establishment showing films or regular theatrical performances, such as performances of literary compositions that tell a story that are given usually, but not exclusively, on a stage and with ascending row seating or some similar arrangement of seating.

G. "Cabaret" refers to a premises defined in Section 18.04.113, and shall include an "adult cabaret" defined by Section 18.69.020(H).

(Ord. 2220 § 3 (part), 2003)

A. Except as provided in this chapter, it is unlawful for any person to provide, allow or permit any entertainment in an establishment or cabaret open to the public without a police permit.

B. The restrictions and regulations imposed by this chapter on patron conduct shall also apply to adult cabarets and other adult oriented entertainment establishments regulated in Chapter 10.73, violation of which may also result in suspension or revocation of a permit issued under Chapter 10.73.

C. This chapter shall apply to existing and new establishments as provided in Section 10.78.140.

(Ord. 2220 § 3 (part), 2003)

The following types of entertainment and events are exempt from the permit required by this chapter. This exemption does not relieve any establishment from complying with all other applicable laws, including noise control regulations contained in Title 12 of this code.

A. Entertainment sponsored by any public agency, board of education, or any political subdivision of the State of California;

B. Entertainment sponsored by any nonprofit organization, such as Girl Scouts, Boy Scouts, Little League or Boys and Girls Club, whose primary objective is youth activities and child welfare. If the event is a dance, the following requirements must also be met in order for the exemption to apply:

1. No person eighteen years of age or older shall be admitted as a guest, unless as a bona fide student or member of the sponsoring agency or organization,

2. No alcoholic beverages shall be served, consumed or permitted on the premises,

3. Chaperones from the sponsoring agency must be present on the premises at the rate of two adults at least twenty-five years of age or older for every one hundred guests, and

4. The event shall finish by twelve a.m. and the premises and the adjoining parking lots shall be promptly vacated by all the guests;

C. Events conducted under a special event permit issued pursuant to Chapter 15.60, which imposes conditions within the permit related to the entertainment;

D. Entertainment at any establishment limited solely to the playing of a radio or sound system, music recording machine, juke box, television or recorded music, including karaoke, provided no dancing is allowed or permitted;

E. Entertainment not open to the public that is provided for members and guests at private clubs having an established membership with regular dues, the operation of which is not primarily for monetary gain;

F. Entertainment for invited guests at a private event such as a wedding reception, banquet or celebration where there is no admission charge.

G. Entertainment conducted in connection with a regularly established recreation or theme park;

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

I. Performances by students that are part of a curriculum or program at educational institutions defined by the Education Code;

J. Theaters;

K. Motion picture theaters or cinemas not providing live entertainment;

L. Dance lessons, theatrical and performing arts lessons;

M. Book readings, book signings, poetry recitations and similar entertainment, including plays, consisting only of spoken words or with incidental music;

N. Political fund-raisers;

O. Entertainment at cabarets consisting of ambient electronic or incidental music provided for the guests or patrons by musicians such as a piano player, harpist, strolling violinist, mariachi band, guitarist or band. If, however, there is an admission charge required to observe or listen to such entertainment, it will not be considered ambient or incidental;

P. Any establishment, venue or assemblage of forty-nine persons or less, as restricted under a maximum occupancy load for the premises, provided that all the following conditions exist:

1. There is no admission charge,

2. The premise is not licensed for the sale or consumption of alcoholic beverages,

3. Customer dancing is not allowed, and

4. Any entertainment ceases between the hours of two a.m. and six a.m.

(Ord. 2220 § 3 (part), 2003)

All entertainment establishments subject to this chapter must be closed and all patrons must vacate the premises between two a.m. and six a.m.

(Ord. 2220 § 3 (part), 2003)

The responsible person shall make reasonable efforts to remove from or prevent the admission to the premises of any person whose conduct is or would be in violation of Penal Code Section 415 (fighting, loud noise, offensive words in public places) or Section 647 (disorderly conduct) at the premises or on any parking lot or parking facility used, owned or leased by the establishment. This section is regulatory only.

(Ord. 2220 § 3 (part), 2003)

It is unlawful for any responsible person to fail to provide a reasonable passageway, which passageway shall not be less than six feet in width through any part of a room used by patrons and entertainers for their ingress and egress. This section is regulatory only.

(Ord. 2220 § 3 (part), 2003)

The responsible person shall observe all laws applicable to noise abatement and control contained in Title 12 of this code. When applicable, a regulated premise may be required to reduce the sound level of music to a designated decibel level—notwithstanding the allowance under title 12 of a higher decibel level limit—within one hour prior to closing time in order to minimize noise behavior of patrons upon departure. This section is regulatory only.

(Ord. 2220 § 3 (part), 2003)

The responsible person shall take reasonable steps to control the conduct of patrons so as to prevent or minimize noisy patron behavior and disorderly or unlawful conduct at the establishment and within one hundred feet of the establishment on the public sidewalks or rights-of-way. Unlawful conduct includes solicitation for acts of prostitution or sales of narcotics and other controlled substances. The responsibility for patron conduct shall also extend for a distance of one hundred feet along the public sidewalks or rights-of-way from any other property owned, used or leased by the regulated premise for parking. Noisy patron behavior shall include yelling, shouting or loud talking after ten p.m. nightly that continues for more than one minute and disturbs two or more adult occupants of residential structures within one hundred feet of the regulated premises or any incidental property used for parking, even if such conduct is not otherwise unlawful. Distance shall be measured in a straight line from the boundary of the regulated premise or incidental property. This section is regulatory only.

(Ord. 2220 § 3 (part), 2003)

The responsible person shall cause the orderly dispersal of individuals from the establishment at closing time, and shall not allow any patrons to congregate on public sidewalks or rights-of-way within one hundred feet of the premises or on any parking lots owned, used or leased by the establishment. This section is regulatory only.

(Ord. 2220 § 3 (part), 2003)

No person shall bring or be allowed to bring or possess an alcoholic beverage in premises regulated under this chapter unless allowed by the permittee's ABC license. This section is regulatory only.

(Ord. 2220 § 3 (part), 2003)

A. A police officer may require a permittee or other responsible person to immediately cease operations and disperse all patrons for the remainder of its daily operation whenever disorderly conduct by patrons reaches a magnitude that presents an immediate threat to the public safety and well-being of patrons or general public in the vicinity.

B. It is unlawful and a misdemeanor for any person to fail to comply with any directive issued by a police officer under the authority of Section 10.78.120(A). Violation by a responsible person of a regulated premise shall also constitute grounds for revocation or suspension of the permit.

(Ord. 2220 § 3 (part), 2003)

A. The chief of police may impose conditions relating to the operation of the entertainment on the permit. Conditions may require or relate to:

1. The days, hours and location of operation;

2. Separate entrances, exits and restroom facilities on the premises, or similar restrictions designed to prevent minors from obtaining alcohol;

3. Age restrictions on minors allowed on the premises;

4. Hiring and numbers of licensed security guards;

5. Advance notification being given to the chief of police of the date of a particular event if that event is not held as part of the regularly scheduled events of the business;

6. In consultation with the planning director or building and safety director, use of sound insulation or acoustic barriers and measures designed to minimize sound disturbances to surrounding premises; and

7. Other conditions reasonably related to public safety and welfare.

B. Conditions shall be based on specific facts or events reasonably related to insuring public safety, including the protection of minors from alcohol and other criminal activity.

C. Conditions will be listed on the permit.

D. The chief of police shall consider the appropriateness of the conditions as they may affect other lawfully permitted activities on the premises.

E. No conditions shall be imposed that conflict with any local, state or federal law or the permittee's ABC License.

F. Notwithstanding Section 10.78.130(A), if the applicant has an ABC license or a conditional use permit issued since January 1st, 2002 upon which the chief of police has had meaningful input in determining conditions on the permit related to the operation of the entertainment, including the ages of the patrons, and there has been no change in or violations regarding the manner or type of entertainment offered, those conditions will also be the conditions of the police permit issued under authority of this chapter. Nothing in this subsection is intended to prevent the chief of police from imposing any condition related to the age of patrons inside an ABC establishment if the ABC license does not address that issue. The intent of this subsection is to allow the sale and service of food to minors in a bona fide public eating place (ABC license types 41, 47, and various club licensed premises) with reasonable conditions placed on the permit to prevent curfew violations and protect the minors from alcohol and other criminal activity.

G. Unless otherwise stated on the permit, a permit's conditions are subject to modification (1) at the time of renewal of the permit at the request of the permittee, (2) in conjunction with a modification of the same conditions on an ABC license or conditional use permit, or (3) at the time of renewal by the chief of police based on demonstrated experience at the regulated premises. At the time of renewal, the chief of police may order the removal or modification of any condition. Nothing in Sections 10.78.130(F) or (G) is intended to prevent the chief of police from modifying any condition in conjunction with regulatory action taken against the permittee pursuant to Chapter 10.70.

H. Issuance, imposition, suspension or revocation of any particular condition or permit is appealable through the procedures set forth in Chapter 10.70.

I. Conditions may not be imposed to suppress or regulate speech in any manner contrary to the First Amendment.

(Ord. 2220 § 3 (part), 2003)

A. With the exception of a permit that is issued for a single event, any public dance, cabaret or commercial recreational assemblage permit issued on or before the effective date of this chapter shall be valid for one year from the date it was issued, subject to the conditions or restrictions existing at the time it was issued. Renewal applications shall be submitted to the chief of police in accordance with Chapter 10.70. The chief of police may impose conditions on a renewal permit in accordance with this chapter. The chief may modify the application process to eliminate requirements that are redundant or irrelevant to a particular premises or its operation. All new permits and renewal permits shall remain valid until revoked, suspended, cancelled by the permittee, or until a change in ownership occurs. Permits shall not be assigned without the express authorization of the chief of police; unauthorized assignment shall automatically void the permit.

B. The provisions of this chapter shall be applicable to all entertainment establishments currently doing business in the city. Existing establishments that are not covered under Section 10.78.140(A) shall make application for a permit within sixty days following the effective date of this chapter.

(Ord. 2220 § 3 (part), 2003)

Police permits issued under this chapter are separate from and independent of any conditional use permit that is required or issued under the provisions of Title 18 of this code. Revocation or suspension of a police permit shall not operate to revoke or suspend a conditional use permit, notwithstanding that those same or similar terms and conditions may be applicable to both. Revocation or suspension of an entertainment permit shall affect only the authority of the establishment to provide or allow entertainment or dancing at the premises for which the police permit is issued. The establishment may continue to conduct all other business for which it is licensed or allowed by law to conduct, unless separate action is taken to abate the establishment as a public nuisance or to revoke or suspend any other issued permit, including a conditional use permit.

(Ord. 2220 § 3 (part), 2003)