Norwalk Municipal Code Ch. 5.12 Amusement and Entertainment

As used in this chapter:

"Amusement" or "entertainment"

means every form of live performance, exhibition, show or act, including, but not limited to, every playing of a musical instrument, singing, dancing, performing a pantomime or acting a role in a play, sketch, scene, reciting of any prose or poetry, exhibiting or modeling any clothing, wearing apparel or costumes, done or performed by or participated in by one or more persons for the purpose of gaining or holding the attention and interest of guests, patrons or invitees, or for the purpose of diverting or amusing guests, patrons or invitees assembled in or upon any business or commercial establishment or premises, and shall specifically include the appearance of any person, employee or otherwise in such premises in any costume or state of dress or undress and in any conduct or activity, if such costume, dress, undress, conduct or activity is referred to directly or indirectly in any sign, poster or other advertisement relating to such premises.

"Business" or "commercial establishment"

means any place of business where goods, wares, merchandise or services are advertised, demonstrated, displayed or sold, or where amusements or entertainments are conducted or performed for a charge or admission fee.

"Director"

means the City Manager or designee.

(Prior code § 7-1.1; Ord. 21-1722 § 2)

No person owning, operating, managing or conducting a business or commercial establishment shall provide or permit any amusement or entertainment in or upon any such business or commercial establishment where food or beverages are sold or served for consumption on the premises, except in strict accordance with a permit to do so, issued by the City Manager and in full force and effect. Every permit shall expire one year from the date of issuance.

(Prior code § 7-1.2; Ord. 21-1722 § 2)

Any person seeking a permit to maintain, conduct or permit amusement or entertainment as required by this chapter, shall make application therefor to the Director. Such application shall be filed at least 10 days prior to the proposed date of first conducting, maintaining or permitting such amusement or entertainment. The application shall be verified and shall set forth the following:

A. The name and address of the applicant, which shall be the same as that of the licensee under Chapter 5.04;

B. The name and address of the owner of the premises where such entertainment or amusement is to be conducted;

C. If the proposed permittee is a corporation, the names and addresses of the principal corporate officers and the state of incorporation;

D. A description of the type or nature of the business or commercial enterprise conducted at or upon the premises;

E. A statement of what foods and alcoholic beverages are sold or distributed on the premises;

F. The days and hours during which such public amusement or entertainment is to be conducted;

G. A statement as to whether the conduct or performance of such amusement or entertainment is to be restricted to a stage, platform or other fixed location upon the premises, together with an accompanying sketch of the premises clearly designating the entertainment or amusement area;

H. A statement of the type of entertainment or amusement proposed to be conducted and the number of performers or entertainers to be engaged in such activity;

I. A statement as to whether any such entertainers or performers are to be employed by the applicant in any other capacity in or upon the premises, with full details and identifications;

J. A description of the clothing or costuming to be worn, particularly specifying in detail the costuming of any nude, seminude or revealingly dressed performers;

K. A statement as to whether minors will be permitted upon the premises during such entertainment;

L. Such other data as the Director may reasonably require in the interests of public health, safety or welfare;

M. A statement certifying, on penalty of perjury, the correctness of the information given on the application and agreeing on behalf of the proposed permittee that there shall be full compliance of the permittee with all laws of the City and of the State of California in the conduct of the activities for which a permit may be granted.

(Prior code § 7-1.3; Ord. 21-1722 § 2)

The application shall be accompanied by a nonreturnable application fee in an amount as established by resolution of the City Council. This fee is in addition to any business license fee otherwise required by this Code.

(Prior code § 7-1.4; Ord. 21-1722 § 2)

No permit shall be issued by the Director except upon a reasonable finding and determination by the Director that the applicant and any employees having responsibility for the management or supervision of the applicant's business are of good and moral character and reputation and that the proposed amusement or entertainment operation under the permit will comport with the peace, health, safety, convenience, morals and general welfare of the public. Each permit issued shall be subject to the requirements and conditions imposed by this chapter unless expressly waived by the Director or the City Council. A permit issued by this chapter shall be issued for a term of one year, unless the application seeks a shorter term.

(Prior code § 7-1.5; Ord. 21-1722 § 2)

In granting or denying a permit under this section, the Director shall consider the following factors in determining whether any conditions are to be imposed, modified or waived with respect to the granting of such permit, or in determining that the permit should be denied in the interests or protecting the public peace, health, safety, morals or general welfare:

A. The proximity of the proposed operation to residential areas, schools, churches, parks and public buildings;

B. Conformance of the buildings or structures on the commercial establishment with the standards of the Building Code relating to public assemblage;

C. The moral character of the applicant, the proprietor of the business or commercial establishment, and of the managing employees of either of them;

D. Noise, traffic and other factors interfering, or which might interfere, with the quiet and peaceful enjoyment of the surrounding neighborhood;

E. Increased law enforcement, if any, necessitated or likely to be necessitated by the activity for which the permit is requested;

F. Any additional circumstances or conditions likely to be created by the type of entertainment or amusement proposed to be provided under such permit which would conflict with or endanger the public health, safety, morals or general welfare;

G. Cooperation of the applicant or his or her predecessors with the law enforcement agency or the City in maintaining the public peace, and in procuring compliance with the lawful City or State laws, ordinances, rules and regulations, including permit requirements and terms.

(Prior code § 7-1.6; Ord. 21-1722 § 2)

No entertainment or amusement shall be provided or permitted in any business or commercial establishment unless all entrances and exits are clearly revealed and designated and remain unlocked for unrestricted ingress and egress while guests, patrons or invitees are in the establishment.

(Prior code § 7-1.7; Ord. 21-1722 § 2)

In addition to any other business license tax or fee imposed by this Code, any person issued a permit pursuant to Section 5.12.050, or any person providing or permitting any amusement or entertainment for which a permit is required pursuant to Section 5.12.020, shall pay a permit fee or a tax, if no permit has been issued, for each calendar year or portion thereof during which such amusement or entertainment activity is carried in. The amount of such permit fee and tax shall be as established by resolution of the City Council. The tax imposed shall constitute a debt owing to the City and shall be due and payable immediately upon the first occurrence of such amusement or entertainment, and shall be collectable forthwith, with penalties for late payment as established by resolution of the City Council.

(Prior code § 7-1.9; Ord. 21-1722 § 2)

Any permit issued under the terms of this chapter may be revoked or suspended at any time by the Director, after public hearing, due notice of which shall be furnished the permittee, if the Director finds, upon evidence heard, that:

A. The amusement or entertainment provided pursuant to the permit does not comport with the public peace, safety, morals or general welfare for any reason; or

B. Such amusement or entertainment has been provided or permitted in an illegal and improper or disorderly manner; or

C. The permittee or the proprietor of the commercial establishment or the managing personnel of either of them have violated or permitted the infraction of any law of the State of California or any provision of this Code in providing such amusement or entertainment, or in any activity closely related thereto; or

D. The conditions of the permit have been materially or repeatedly violated; or

E. Any condition or fact exists which would, if known at the time of issuance of the permit, have been grounds for denying the permit.

(Prior code § 7-1.10; Ord. 21-1722 § 2)

Every permit and the current renewal thereof shall be posted in a conspicuous place on the premises where the entertainment or amusement for which such permit is issued is conducted and shall remain so posted during all of the time such entertainment or amusement is taking place.

(Prior code § 7-1.11; Ord. 21-1722 § 2)

No person owning, operating or managing a business or commercial establishment shall provide, permit or encourage any amusement or entertainment in or upon such business or commercial establishment without a valid permit issued pursuant to this chapter, or shall knowingly make any materially false statement on or in connection with any application for a permit required by this section.

(Prior code § 7-1.12; Ord. 21-1722 § 2)