6.56 — ENTERTAINMENT

No person shall provide or permit any type of entertainment in a coffee shop, restaurant or place where food or other refreshments are served and which is open to the public unless such person first obtains a permit to do so from the chief of police as provided in this chapter. (Prior code § 9-1)

The provisions of this chapter shall not be deemed to require a permit for the following:

• (1) The use of a radio or music-recording machine or jukebox in any establishment;

• (2) Any entertainment provided for members and their guests at a private club where admission is not open to the public;

• (3) Entertainment conducted in connection with a regularly established recreation park, circus or fairground;

• (4) Entertainment conducted by or sponsored by any bona fide club, society or association organized or incorporated for benevolent, charitable, dramatic or literary purposes having an established membership and which holds meetings other than such entertainment at regular intervals when proceeds arising from such entertainment are used for the purposes of such club, society or association;

• (5) Entertainment conducted in connection with any dance where a valid dance permit is in full force and effect.

(Prior code § 9-2)

Applicants for entertainment permits under this chapter shall file a written, signed and acknowledged application with the chief of police showing:

• (1) The name and permanent address of the applicant;

• (2) A detailed description of the entertainment, including the type of entertainment, the number of persons engaged in the entertainment, the purpose of the entertainment and any further information about the entertainment as the chief of police may deem necessary;

• (3) The date, hours and location where such entertainment is proposed, and the admission fee, if any, to be charged;

• (4) The name of the person having the management or supervision of the applicant's business;

• (5) The length of residence of the applicant within the city;

• (6) A statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with the subject entertainment;

• (7) Whether or not the person having the management or supervision of the applicant's business has been convicted of a crime, the nature of such offense and the sentence received therefor;

• (8) Such other reasonable information as to the identity or character of the person having the management or supervision of the applicant's business as the chief of police may deem necessary.

(Prior code § 9-3)

A permit fee shall be paid upon the filing of each application or application renewal for an entertainment permit under this chapter for the purpose of defraying the expense incidental to the processing of such application. (See Section 5.08.490 for permit fee.) (Prior code § 9-4; Ord. 89-O-113 § 1, 1989)

After the making and filing of an application for an entertainment permit under this chapter, the chief of police shall have the matter investigated and a report compiled thereon. If satisfied, as to the good character of the applicant and that the entertainment as proposed will not be detrimental to the public welfare, the chief of police shall grant a permit. (Prior code § 9-5)

An entertainment permit under this chapter shall be granted for the specific occasion requested or, if the request is for a continuous permit, such permit shall be issued for a period of time as specified by the chief of police but in no case for longer than one year. (Prior code § 9-6)

The chief of police, in granting an entertainment permit under this chapter, may place such restrictions, time limits or conditions under which the permittee shall operate, and such permit shall be revocable if the conditions as imposed by the chief of police are not adhered to.

It shall be the duty of the chief of police to enforce any conditions, time limits, etc., established as a part of such entertainment permit. (Prior code § 9-7)

The action of the chief of police in regard to the granting or denial of a permit, or to the conditions thereof, shall be final; provided, however, that the applicant may within 72 hours of the decision of the chief of police appeal to the city council in writing. If there is no appeal to the city council in writing within 72 hours after the decision of the chief of police, then the decision of the chief of police shall be conclusively final. The written appeal shall be filed with the city clerk.

In the event that there is such an appeal, the city council shall determine the merits of the appeal at its next scheduled meeting following the filing of the appeal or at a regular meeting to which the city council may have continued the matter from time to time. The decision of the city council on such matter shall be final. (Prior code § 9-7.1)

Article II

Establishments Selling Alcoholic Beverages—Employment of Persons in On-Sale Premises

§ 6.56.090. Findings of council—Purpose of Sections 6.56.090 through 6.56.120.

The city council has determined that the present employment in on-sale establishments of persons who have been convicted of a crime involving moral turpitude constitutes a serious danger to the public welfare and morals. Therefore, pursuant to the provisions of Section 36937 of the Government Code, Sections 6.56.100 through 6.56.120 are enacted for the immediate protection of the public health, welfare and safety.

(Prior code § 9-11; Ord. 76-O-102, 1976; Ord. 79-O-125 § 2, 1979)

No person shall employ or hire in any capacity in the city, in any place having an on-sale beer or wine license or on-sale general liquor license, any person who has been convicted in any state of any crime involving moral turpitude.

No person who has been convicted in any state of any crime involving moral turpitude shall work or be employed in any capacity in the city in any place having an on-sale beer or wine license or on-sale general liquor license.

(Prior code § 9-12; Ord. 76-O-102, 1976; Ord. 79-O-125 § 2, 1979)

As used in Sections 6.56.090 through 6.56.120, "crimes involving moral turpitude" shall be crimes involving bookmaking, gambling, maintenance of a nuisance in connection with the same or similar business operation, prostitution, receiving stolen property, sexual perversion, or violations of the Alcoholic Beverage Control Act involving conduct substantially similar to the criminal conduct described in this section.

(Ord. 76-O-102, 1976; Ord. 79-O-125 § 2, 1979)

No person shall be employed or work in any capacity in any place in the city having an onsale beer or wine license or on-sale general liquor license until such person has first been fingerprinted by the police chief or duly authorized agent or deputy in order for the city to determine whether or not such person has been convicted of a crime involving moral turpitude, and until the police chief has issued a certificate that his investigation discloses that such person has not been so convicted.

(Prior code § 9-13; Ord. 76-O-102, 1976; Ord. 79-O-125 § 2, 1979)