Paramount Municipal Code Ch. 5.28 Live Entertainment

Live entertainment

shall be subject to, but not limited to, the following definition and provisions:

A.

Business or commercial establishment.

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

B.

Live entertainment.

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, 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 or any other public place, and shall specifically include the appearance of any person, employee or otherwise, in such premises in any costume or state of dress or in any conduct or activity, if costume, dress, conduct or activity is referred to directly or indirectly, in any sign, poster, or other advertisement relating to such premises.

(Prior code § 11-5)

A. Permit Required. No person owning, operating, managing or conducting a business or commercial establishment shall provide or permit any amusement or live 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 Council and in full force and effect. Every permit shall expire one year from the date of issuance or upon change of ownership or substantial modification of type of ownership.

B. Application for Permit. Any person seeking a permit to maintain, conduct or permit live entertainment shall make application therefor in accordance with Section 5.04.060 and set forth the following additional information:

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

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

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

4. A statement as to whether the conduct or performance of such live entertainment or amusement 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;

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

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

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

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

9. Exterior security and parking lot lighting must be installed and conform to Section 17.44.490 of this Code;

10. Any person assuming managerial control must be an adult and must remain on the premises during business hours;

11. It is hereby declared to be the intent that if any provision of this permit is held or declared to be invalid, the exception shall be void and the privileges granted hereunder shall lapse;

12. It is further declared and made a condition of this permit that if any condition hereof is violated, or if any law, statute or ordinance is violated, the permit shall be subject to revocation; and

13. In the event of sale, transfer or other changes in ownership and/or managerial control, this permit shall immediately become null and void.

C. Security. On-site security may be required as a condition of this permit only after an investigation and recommendation by the Chief of Police.

D. Exemptions. Exemptions from this chapter are governed pursuant to Section 5.04.030 of this Code.

E. Conditions—Unrestricted Access. No live 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.

F. Issuance of Permit—Term. No permit shall be issued by the City Council except upon a reasonable finding and determination by the City Council that the applicant and his or her employees having the management or supervision of applicant's business are of good and moral character and reputation and that the proposed amusement or live 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 City Council. A permit issued hereunder shall be issued for a term of one year, unless the application seeks a shorter term.

G. Referral or Applications for Licenses and Permits to Other Departments and Agencies.

1. Upon receiving an application for a live entertainment permit or upon receiving an application for a business license, the appropriate City official shall refer any such application to the Department of Building Inspection, the Police Department, the Fire Department and the Planning Department, which departments shall inspect the premises proposed to have live entertainment, and shall make written recommendations to the Planning Department concerning compliance with the codes that they administer. The Los Angeles County Department of Health shall also be requested to make written recommendations. All recommendations shall be considered during the permit review process or during any hearing required prior to the issuance of any permit. A permit shall not be issued if it is found that the proposed establishment does not conform to the requirements of this chapter or any State or local law.

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

3. An application shall be under oath, and shall include among other things, the true names and addresses of all persons financially interested in the business. The past criminal record, if any, of all persons financially interested in the business shall be shown on such application. The term "persons financially interested" shall include the applicant and all persons who share in the profits of the business, on the basis of gross or net revenue, including landlords, lessors, lessees, and the owner of the building, fixtures or equipment.

4. The Chief of Police shall make such investigation as is necessary to determine the background of the applicant and other persons financially interested. The Chief of Police shall report to the City Council his or her findings and recommendations.

5. Upon denial of any application for a live entertainment permit, the City Council shall set forth the denial in writing. The written reasons for denial shall be sent to the applicant at the address specified on the application by means of certified or registered mail or by hand delivery.

H. Standards for Issuance or Denial. In granting or denying a permit under this section, the City Council may consider the following factors in determining whether any conditions are to be imposed, modified, or waived in respect of the granting of said permit, and in determining that said permit should be denied in the interests of protecting the public peace, health, safety, morals or general welfare:

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

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

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

4. Increased law enforcement, if any, necessitated or which might probably be necessitated by the activity for which the permit is requested;

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

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

I. Revocation or Suspension. When the Council shall issue any permit under the terms of this chapter, the same may be revoked or suspended at any time thereafter by the Council in the manner and in accordance with the procedure set forth in this title.

(Prior code § 11-5)

Violation of this chapter is punishable pursuant to Section 1.04.150 of this Code.

(Prior code § 11-5)