Pomona Municipal Code § 30-102 Compliance

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Calendar day includes any day of any week, including traditional holidays and weekends.

Comprehensive compliance program means a mandatory detailed written description, submitted on a city-approved form in conjunction with an entertainment business permit application describing, in the manner required in section 30-127, the measures to be taken by the entertainment business permittee to ensure compliance with the restrictions and requirements of this article and this Code.

Entertainment business refers to businesses subject to a business license in the downtown specific plan area that offer entertainment activities or events, including, but not limited to, theater, comedy, music and/or dance events, and/or sporting events, whether live or prerecorded, professional or amateur. Adult-oriented businesses are not permitted.

Entertainment business activity refers to any public event, gathering or assembly in a structure or elsewhere on private real property, located in the downtown specific plan area, and for which an admission charge or cover fee or minimum purchase requirement is requested of any attendee. This includes, without limitation, any act, concert, play, review, pantomime, scene, song, dance, song and dance act, exhibition, sporting event, comedy performance, poetry recitation or other presentation of any kind for the benefit of the public, whether professional or amateur, live, or conducted with the use of any electronic means or devices whatsoever. The permittee, any employees thereof, as well as security personnel shall not be included in any determination of whether an entertainment business activity is being conducted. Businesses whose primary activity is the operation of a movie theater in a structure designed and approved for this operation are excluded from this definition.

Entertainment business event refers to any single instance of an entertainment business activity, as defined in this section.

Entertainment business permit means an annual permit which is issued to the owner or tenant of the building by the business license division pursuant to this article and which is renewed thereafter in conjunction with future business license applications or renewals.

Entertainment business permittee refers to the person to whom an entertainment business permit has been issued. The permittee may only be the owner or the tenant of the premises. Such permittee shall ensure that all restrictions and requirements of an entertainment business permit and all requirements of this article are adhered to at all times.

Person means any human being, fiduciary, trustee, association, corporation, organization, partnership, or any other entity of any kind. This includes, without limitation, all persons in actual or apparent control of private real property on which an entertainment business activity is occurring, whether as the entertainment business permittee; as an owner, tenant or occupant of real property; as a business owner or operator; or as a promoter or the provider of an entertainment business activity, as well as the on-site agents or representatives of all such persons. As used in this definition, the terms "promoter" and "provider" mean any person who uses the facilities, structure or real property of another to present, conduct or carry on an entertainment business activity.

Working day means any day, Monday through Friday, excluding holidays, during which all city departments are regularly open for business.

(Code 1959, § 24-10; Ord. No. 3935, § 2 (part))

Cross reference— Definitions generally, § 1-2.

It shall be unlawful for any person to violate or fail to comply with any of the sections or requirements of this article, and any such person who violates or fails to comply with the sections or requirements of this article shall be guilty of a misdemeanor. Whenever this article makes any act or omission unlawful, such act or omission shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission. Any violation of any section of this article is also specifically found to constitute a public nuisance which may be abated in any manner allowed by law.

(Code 1959, § 24-21; Ord. No. 3935, § 2 (part))

(a) Notice required. No person shall conduct, carry on, participate or engage in or allow or cause others to conduct, carry on, participate or engage in any entertainment business event or activity without first filing written notification thereof with the police department at least 20 calendar days prior to the event.

(b) Notice contents. The notice shall contain the following supplemental information:

(1) Applicant information.

(2) Promoter information.

(3) Description of the event including the following:

a. Name of the event proposed.

b. Location, including the address.

c. Type of event and names of entertainers appearing.

d. The maximum number of spectators or participants.

e. Date and hours of the event.

(Code 1959, § 24-19; Ord. No. 3935, § 2 (part))