Chapter 5.100 — ENTERTAINMENT PERMITS

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

"Entertainer" means any person who engages in or performs live entertainment, whether or not an employee of, or independent contractor for, any business or nightclub.

"Entertainment" means any and every form of non-adult-oriented live entertainment, performance show, pageant, or act, including, but not limited to, all forms of live music, singing, live disc-jockey-hosted music, grand opening events, karaoke sing-along, concerts, performance of a play, act, scene, sketch, burlesque, revue, pantomime, billiards or pool, dancing including, but not limited to dancing by patrons, floor show, dramatic or poetic reading, performance art, physical demonstrations, fashion shows or modeling, any combination of the aforementioned, or any other act or exhibition in which one or more persons perform or participate for the purpose of entertaining, amusing, arousing, or otherwise diverting and gaining the attention of patrons, guests, or invitees at a night club or a business establishment providing entertainment

"Entertainment in the normal course of business" means that entertainment that is routinely presented on a regular basis during regular business hours. (Ord. 1150A § 1, 2008; Ord. 1157 § 1, 2008)

• A. A special event temporary entertainment permit is required when any business offers entertainment that is not consistent with a current approved entertainment site plan (Section 5.100.030). Such events include, but are not limited to, concerts, radio or television station promotions, talent or pageant shows, special appearances by celebrities, dance or performance exhibitions.

• B. Upon receipt of a written application for a special event temporary entertainment permit, the administrator shall, within fifteen days, complete an investigation concerning the application and issue written notice to the applicant of the approval or denial of the request. Review may be expedited under exigent circumstances at the request of the applicant.

• C. Any person or entity desiring to obtain a special event temporary entertainment permit shall file a written application with the administrator or his or her designee. Applications must be accompanied by the fee authorized under Section 5.100.050.

• D. Each application for a special event temporary entertainment permit shall be signed under penalty of perjury verifying the truth, correctness, and accuracy of all facts and information contained in the application to the best of the applicant's knowledge. Each application shall contain the following information:

  1. Premises Location. The street address of the premises for which the permit is required, together with the name of the business or nightclub.

  2. Applicant. The name and permanent street address of applicant, and of the owner and operator or the nightclub, if different than the applicant. If the applicant is a corporation, limited liability company, limited liability partnership, general or limited partnership or other form of business entity other than a sole proprietorship, the name

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City of Palm Desert, CA

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.100.020

§ 5.100.020

of the business entity shall be set forth exactly as shown in its articles of incorporation or formation document, together with the names and residence addresses of each of its officers, directors, and managing members. The application shall be signed by the individual who is and shall be responsible for the special event.

3. Site Plan. A site plan or other diagram clearly depicting the layout and configuration of the premises, including the parking, existing nature and development of adjacent property, and relative location of all features and fixtures. For the purposes of this section, "features and fixtures" includes, but is not limited to, all entrances/exits, entertainment areas, stages, bleachers or seating areas, portable or fixed toilet facilities and bathrooms, and other rooms, tables, booths, furniture, bars, kitchens, and other food or beverage preparation areas.

4. Description of Entertainment. A detailed description of the notice of the proposed entertainment, including the number of performers or participants to be involved, the expected number of attendees, and the type of entertainment, including pyrotechnic or other special effects. Amplification of music or any part of the performance shall be set forth in detail and may be subject to special regulation or prohibition. No amplification of music or other portions of the performance may continue past ten p.m. in the evening without special permission from the city council, city of Palm Desert.

5. Area of Entertainment. A statement describing the area within or on the premises where entertainment is to be performed and observed with reference to the site plan.

6. Status of Entertainers. A statement as to whether entertainers are to be employees of the nightclub or business, including the applicant, owner, or operator, or whether entertainers are to be independent contractors. A statement as to whether entertainers are to be employed or utilized in food or beverage service, merchandise sales, or other non-entertainment related activity.

7. Description of Food and Beverage Service. A detailed description of the food and beverage service, if any, which will be offered to patrons. If alcoholic beverages are to be offered for sale and served on the premises, then a copy of a liquor license shall be submitted to the city.

8. Hours. The dates and hours during which the proposed entertainment is desired to be conducted, and the admission fee, if any, to be charged.

9. Minors. A statement as to whether minors will be permitted upon the premises during entertainment and, if so, during which hours.

10. Managers. The name(s) of the person(s) responsible for the operation, management and supervision of the special event.

11. If the applicant is not the owner of the property proposed as the location for the special event, the applicant shall submit a notarized statement signed by the property owner consenting to the special event and a copy of the lease between the property owner and the applicant for the special event temporary entertainment permit.

12. Prior Licenses. A statement as to whether the applicant, owner, or any person to be responsible for the special event or entertainment has, within the past five years, had

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City of Palm Desert, CA

PALM DESERT CODE

§ 5.100.020

§ 5.100.040

any permit or license issued in conjunction with the sale of alcohol or provision of entertainment and whether during that period the permit or license was suspended or revoked. If so, then the application shall provide the name of the issuing agency and an explanation of the suspension or revocation.

13. Marketing Information. A copy of any print ads, flyers, brochures, mailers, or other written marketing material for the special event, and the number, type, and outlet for all radio, television, or internet advertisements.

• (Ord. 1150A § 1, 2008; Ord. 1157 § 1, 2008; Ord. 1163 §§ 1, 2, 2008)

• A. No business within the city of Palm Desert shall offer entertainment that is not covered by an approved entertainment site plan or special event permit.

• B. All entertainment shall comply with all applicable codes and regulations, including, but not limited to all zoning, fire, building codes, noise and nuisance regulations.

• C. To establish what constitutes "entertainment in the normal course of a business" (and exempt from the requirement of a special event permit), an entertainment site plan shall be filed with the planning department for each business location where the proposed entertainment is to occur. An entertainment site plan shall include the following information:

  1. The nature of the entertainment and the day of the week the entertainment will be provided. Amplification of music or any part of the performance shall be set forth in detail and may be subject to special regulation or prohibition. No amplification of music or other portions of the performance may continue past ten p.m. in the evening without special permission from the city council, city of Palm Desert.

  2. The location where the entertainment will be provided and the hours during which it will be provided. The existing nature of all adjacent development shall be included.

  3. The occupancy limit of the business, as established by the Fire Marshal.

  4. Such additional information as the planning department may require to determine if the entertainment offered complies with all city-related ordinances and regulations.

• D. Any business established and licensed after thirty days from the effective date of the ordinance codified in this chapter will be required to submit an entertainment site plan prior to issuance of a business license. Businesses existing and in operation within thirty days of said effective date will be required to file an entertainment site plan at the time of renewal of their annual business license.

• E. The city manager shall designate a department head as administrator to implement the provisions of this chapter, and shall set policy for the application and implementation of this section.

• (Ord. 1150A § 1, 2008; Ord. 1157 § 1, 2008; Ord. 1163 §§ 3, 4, 2008)

Entertainment that qualifies as an adult-oriented business shall not be subject to the provisions of this chapter but, instead, shall be subject to the provisions of Chapter 5.89.

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City of Palm Desert, CA

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.100.040

§ 5.100.090

• (Ord. 1150A § 1, 2008; Ord. 1157 § 1, 2008)

The initial entertainment site plan application fee, the special event temporary entertainment fee, and all appeal fees for a permit shall be set by resolution of the city council. (Ord. 1150A § 1, 2008; Ord. 1157 § 1, 2008)

• A. Within ten days after receipt of an application for a special event temporary entertainment permit or an entertainment site plan filing under this chapter, the administrator or his or her designee shall take action upon the application or filing, and shall provide written notice to the applicant if the application or filing is deemed to be incomplete. In such case, the administrator or his or her designee shall identify what additional information is required in order to perform a complete and thorough review and investigation. An applicant for special event entertainment permit may request expedited review, if special circumstances warrant expedited review.

• B. If the information provided in the application demonstrates that the special event temporary entertainment will qualify as an adult-oriented event, then the administrator shall cause written notice to be mailed to the applicant of this fact, requesting that the applicant withdraw the application for a special event temporary entertainment permit and, instead, submit an application for such licenses and approvals as may be required under Chapters 5.89 of this Code. At applicant's election, any fee submitted by the applicant with the application for the special event temporary entertainment permit shall either be applied to the new application, or returned to the applicant.

• (Ord. 1150A § 1, 2008; Ord. 1157 § 1, 2008)

After completing the review and investigation required under Section 5.100.060, Review and investigation, of this chapter, the administrator shall approve or deny the application for a special event temporary entertainment permit or the filing of the entertainment site plan. The administrator shall approve the application and grant a special event temporary entertainment permit or entertainment site plan, if the proposal meets all city regulations. The decision of the administrator shall be final unless appealed in accordance with Section 5.100.100, Appeals, of this chapter.

• (Ord. 1150A § 1, 2008; Ord. 1157 § 1, 2008)

No permit or site plan issued or approved under this chapter shall be sold, assigned, or otherwise transferred by any permit holder or by operation of law to any other person(s) or entity(ies) or to any other premises or location. Any sale, assignment, or transfer or attempt to sell, assign, or transfer shall render the permit null and void.

(Ord. 1150A § 1, 2008; Ord. 1157 § 1, 2008)

• A. An entertainment site plan may be suspended pending completion of remedial measures

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City of Palm Desert, CA § 5.100.090

PALM DESERT CODE

§ 5.100.095

and/or a suspension hearing, if the administrator has reasonable cause to determine that any of the events set forth in subsection C of this section has occurred. The administrator shall serve written notice of the suspension as provided in the Section 5.100.110, Written notice, of this chapter. The notice shall specify the reason for suspension, require the applicant, owner, or operator to take and complete remedial measures removing the default within ten days. The notice shall also state a date for the applicant, owner, or operator to appear before the city manager or a designated hearing officer to show cause why the entertainment permit should not be suspended. The city manager or hearing officer shall make final decision on the suspension of the entertainment site plan, subject to appeal to the city council in accordance with Section 5.100.100, at the permit-holder's option.

• B. The following definitions shall apply to this section:

  1. As used in this section, "reasonable cause" means observations, information or other evidence presented as the result of an inspection by any peace officer, code enforcement office, or other officer whose responsibility is to uphold and enforce the laws and rules of the city, the state, or the United States.

  2. As used in this section, "remedial measures" means actions necessary or required to correct, resolve, fix, or otherwise remedy a violation of this chapter.

• C. Any one of the following, including but not limited to, shall be grounds for suspension of a entertainment site plan:

  1. Failure to comply with the terms of the entertainment site plan;

  2. Failure to comply with the requirements of this chapter;

  3. The business establishment is being operated in such a manner as to cause a significant risk of injury or harm to the public health, safety, or welfare;

  4. The night club or business establishment has provided entertainment or otherwise operating in a manner that qualifies the business as an adult-oriented business under Chapter 5.89; or

  5. Felony criminal conviction in a court of law of any applicant, owner, operator, manager or the entertainer for conduct engaged in, at, or relating to, the night club or business establishment.

• D. The applicant, owner, or operator shall immediately undertake measures to remedy the noted default and shall notify the administrator in writing of the commencement, nature, and completion of these measures.

• E. Remedial measures include, but are not limited to: retaining additional security as determined appropriate by the city's chief of police, limitation or elimination of the sale of alcoholic beverages, reducing hours of operation or entertainment, installation of sound mitigation measures, and/or reimbursement of costs related to city services provided to mitigate any ongoing public nuisance.

• (Ord. 1150A § 1, 2008; Ord. 1157 § 1, 2008)

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City of Palm Desert, CA

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.100.095

§ 5.100.100

• A. The administrator may suspend or revoke a special event temporary entertainment permit if the applicant fails to comply with the terms of the permit, or if the Special Event is being conducted in such a manner as to cause a significant risk of injury or harm to the public health, safety or welfare.

• B. Upon suspending, revoking or denying any special event temporary entertainment permit, the applicant may appeal the administrator's action in accordance with the procedures set forth in Section 5.100.100, Appeals.

• (Ord. 1150A § 1, 2008; Ord. 1157 § 1, 2008)

• A. The administrator may revoke the entertainment site plan if any of the following are determined:

  1. The applicant, owner, or operator of the nightclub or business establishment has failed to commence and complete remedial measures.

  2. The entertainment site plan has been suspended at least two times during the previous six months.

• B. Should there be a determination by the administrator of an immediate need because of pending threats to public health safety or welfare of the citizens of the city of Palm Desert, the administrator may cause the immediate revocation of said permit.

• (Ord. 1150A § 1, 2008; Ord. 1157 § 1, 2008)

• A. In the event that an application for a special event temporary entertainment permit is denied, or in the event of suspension/revocation of an entertainment site plan or special event temporary entertainment permit, written notice of the action shall be given within five business days to the applicant, specifying the ground(s) of the denial, suspension, or revocation and a description of the hearing rights provided by subsection C of this section. Notice of the action may be personally served or served by first-class postage prepaid and addressed to the applicant at the address set forth in the application. Mailed notice shall be deemed received three days after mailing.

• B. If the application for a special event temporary entertainment permit or a entertainment site plan is approved or deemed approved by the administrator's action or failure to act, such action or inaction may be challenged by any aggrieved party by filing a request for reconsideration with the administrator within ten days of the date of the application's approval, and shall be subject to the time limits of this section. The administrator shall issue his or her reconsidered decision within ten days of receipt of a request for reconsideration.

• C. The applicant or any aggrieved party may appeal to the city manager the decision of the administrator, or of the reconsidered decision of the administrator, by the filing of a written petition with the city clerk within ten days following the day of mailing of the administrator's officer's reconsidered decision. All such petitions shall be filed with the city clerk and shall be public records. The city manager shall review the decision of the administrator within ten days of the receipt of the appeal, unless the applicant agrees to a longer period, or requests expedited review due to exigent circumstances. The city manager may review the matter solely on the basis of the written record or may hold an informal

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City of Palm Desert, CA § 5.100.100

PALM DESERT CODE

§ 5.100.130

hearing with the applicant and any aggrieved party. The city manager's final decision shall be issued within fifteen days of the receipt of the appeal unless review is extended or expedited as provided above. Applicant or any aggrieved party may immediately challenge the final decision of the city manager by writ of mandamus pursuant to Code of Civil Procedure Section 1094.8, or, in the alternative, may petition for review to the city council The city council shall, at a duly noticed meeting within thirty days from the date the written petition was filed, consider the petition, including at its discretion the transcript of the hearing and any oral or written arguments which may be offered to the city council by the appellant and respondent. No additional testimony or other evidence shall be received or considered by the city council. At the conclusion of the review, a majority of the city council members present shall in its discretion grant or deny review. If review is granted, the city council may decide to sustain the decision, modify the decision, or order the decision stricken and issue such order as the city council finds is supported by the entire record. The action of the city council shall be final and conclusive, shall be rendered in writing within ten days, and such written decision shall be immediately mailed or delivered to the appellant(s) and there shall be no additional right of appeal or reconsideration. (Ord. 1150A § 1, 2008; Ord. 1157 § 1, 2008)

All notices, the service of which is required under this chapter, shall be in writing, addressed to the applicant or other person specified in the application or permit, and served to the address specified in the applicant or permit. Each notice shall be either personally served or served by deposit in the United States mail, first class, postage prepaid. Service shall be deemed complete upon personal service or deposit in the United States mail. (Ord. 1150A § 1, 2008; Ord. 1157 § 1, 2008)

• A. It is unlawful for any person or entity to violate any provision or to fail to comply with any of the requirements of this chapter. In addition to other remedies provided by law, any person violating any provision of the chapter for failing to comply with any of the requirements is deemed guilty of an infraction in accordance with Chapter 1.12 of this code.

• B. Each person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership, or corporation, and each instance shall be deemed punishable a provided in this chapter.

• C. The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law.

• (Ord. 1150A § 1, 2008; Ord. 1157 § 1, 2008)

The applicant for, or the holder of, an entertainment permit or a special event temporary permit shall, at his or her option, have the right to enter into a contract with the city that provides that the applicant or holder shall have the right to recover reasonable attorney fees for any subsequent proceedings pursuant to this chapter in which a permit is initially denied, suspended or revoked,

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City of Palm Desert, CA

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.100.130

§ 5.100.130

should the applicant or holder ultimately prevail in the proceeding before the city or in any subsequent litigation. The contract shall also provide that the city recover from the applicant or holder its reasonable attorney fees, should the city ultimately prevail. (Ord. 1150A § 1, 2008; Ord. 1157 § 1, 2008)

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City of Palm Desert, CA § 5.101.010

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.101.020