Redondo Beach Municipal Code Ch. 17 Amusement and Entertainment Permits

Note: Sections 4-17.01 through 4-17.05, as added by Ordinance No. 1929 c.s., effective March 1, 1967, as amended by Ordinance No. 1975 c.s., effective September 18, 1968, amended in their entirety by Ordinance No. 2349 c.s., effective April 13, 1983, amended in their entirety by Ordinance No. 2764, effective May 2, 1996.

For purposes of this chapter the following terms shall be defined as follows:

"Broadcast entertainment"

shall mean any presentation made by electronic medium, whether live or pre-recorded, of any means or nature intended to divert, amuse, explain, focus, or attract the attention of persons observing such activity. The above term shall include but not be limited to any form of presentation offered as the primary source of entertainment such as the following: the showing or screening of motion pictures, live broadcast television, or the use of prerecorded video or digital programming, when presented to an audience for commercial purposes.

"Extraordinary law enforcement or public safety services"

shall mean services provided by the City which require more than two units to adequately respond to the situation, or that are beyond the course and scope of the services routinely provided to other businesses and citizens, and stretch the resources of the responding agency beyond those normally available for response.

"Live entertainment"

shall mean any presentation, act, reading, performance, musical rendition, or recitation, involving one or more live individuals intended to divert, amuse, explain, focus, or attract the attention of persons observing such activity. This term shall include but not be limited to: plays, musical concerts; spoken word performances, disc jockeys, interactive television and radio programming, Masters of Ceremonies, hosts, performance artists, magic shows, escape artists, circus acts, live animal acts, dance performances, and other, similar attractions. The term shall also encompass the provision of dancing for or with patrons whether to live or recorded music when Chapter 2, Article 3 of this Title 4 does not apply to such activity.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996, as amended by § 1, Ord. 2941 c.s., eff. September 2, 2004)

Any form of entertainment as defined above, when conducted within City boundaries, shall require a permit under this chapter. However, City sponsored activities, church or religious activities, and private or public school activities, other than commercial events occurring on church or school property, shall be exempt from the requirements of this chapter. The permit required by this chapter shall be posted in a highly visible location on the premises where the permitted entertainment is conducted so as to be readily inspected by representatives of the City and the general public.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996, as amended by § 2, Ord. 2941 c.s., eff. September 2, 2004)

(a) Permits shall not be required where:

(1) Only one individual at a time will be participating in the entertainment; and

(2) If the sound is not amplified in any way; and

(3) If sound from the location does not violate Noise Ordinance standards; and

(4) The parking for the premises meets all City Code requirements; and

(5) A current business license exists for the location; or

(6) Short-term events of three days or less for which a "temporary use" permit is required pursuant to Code Section 10-2.2520.

(b) Level 1 Permit—shall be required where:

(1) The number of persons participating in the entertainment are one to three;

(2) The sound is amplified and/or recorded;

(3) The parking for the premises meets all City Code requirements;

(4) A current business license exists for the location.

(c) Level 2 Permit—shall be required in all circumstances where:

(1) The activity would not qualify for a Level 1 permit, or

(2) Application is made for a Level 1 Permit but the Permit Administrator declined to process it as such.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996)

Every person desiring a permit under this chapter shall complete and submit to the City a written application in a form approved by the Permit Administrator. The application shall be completed under penalty of perjury under the laws of the State of California and shall at a minimum require the following information:

(1) The name of the applicant and a complete statement regarding any and all true and fictitious names used by the applicant within the five years immediately preceding the application;

(2) The residence address, business address, and residence and business telephone numbers of the applicant;

(3) The names, residence and business address and phone numbers of any copartners, excluding limited partners, of the applicant;

(4) If the applicant is a corporation the name of the corporation shall be set forth exactly as shown in the articles of incorporation along with the names and residence addresses of each of the officers, directors, and each shareholder owning 10% or more of the corporation. If one or more of the owners is a corporation the provisions of this section pertaining to a corporate applicant apply;

(5) The names, residence and business address and phone numbers of the managers and persons to be in charge;

(6) The name, residence and business addresses and phone numbers of the owner of the premises, if any, upon which the entertainment is to be provided and the written consent of said owner to operation of the business;

(7) The age and date and place of birth of the applicant;

(8) A description of the exact nature of the entertainment to be provided and, if required by the Permit Administrator, the names, addresses and phone numbers of each performer;

(9) Whether or not amplification will be used and if so the nature of the use and the type of amplification to be used;

(10) The nature, name and place of applicant's business or employment during the five years immediately preceding the date of filing of the application and whether or not the applicant is or has been the holder of an Alcoholic Beverage Commission license or an entertainment permit, business license or similar permit with any other jurisdiction;

(11) A two-inch square photograph of the applicant taken within the 60 days immediately prior to the date the application is filed;

(12) Whether or not the applicant or any partner, copartner, manager, or operator of the business being applied for has had an entertainment, Alcoholic Beverage Commission, business license or similar permit suspended or revoked anywhere, and if so, the circumstances of such suspension or revocation;

(13) If required by the Permit Administrator, a diagram drawn to scale and dimensioned showing the location of the performance area on the premises with all seating and a list of equipment and/or instruments to be used in the performance;

(14) The date or dates and/or days of the week on, and hours at which the entertainment is to be provided and the admission fee, cover charge, and donation (including drink minimums) to be solicited for such performance;

(15) For level two permits only, fingerprints for submittal to California Department of Justice (DOJ) shall be required of the owner or principal manager(s) of the facility at which the entertainment is to occur, provided that if fingerprints are to be required a conditional or interim entertainment permit may be issued pending processing of fingerprints by DOJ;

(16) Such other information as the Permit Administrator shall deem necessary.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996)

The permits authorized under this chapter shall be processed as follows:

(a) Level 1 Permit -- may be granted by the Permit Administrator subject to such conditions he or she shall deem necessary to protect the health, safety, and welfare of the community and the peaceful enjoyment of all adjacent properties. Notice shall be made by posting the premises upon which the entertainment shall be provided at least five days prior to issuing a decision on the permit. No hearing shall be necessary.

The Permit Administrator may deny any application if it is determined that the proposed entertainment may interfere with the quiet enjoyment of neighboring property and there are no conditions which adequately ameliorate that interference. The Permit Administrator may decline to process an application which qualifies for Level 1 Permit status as a Level 1 Permit at his or her discretion which would require the application to be processed as a Level 2 Permit application. Each Level 1 Permit may be granted for a period of one year from the date of issuance and shall automatically be renewed on the anniversary date thereof unless revoked or suspended as hereinafter provided.

The Permit Administrator shall notify the applicant in writing of his or her decision on whether to process a Level 1 Permit application, or on whether to grant or deny the Level 1 Permit, as applicable, within 10 days following the submission of a complete application.

(b) Level 2 Permits -- may be granted by the City Council after a public hearing duly noticed in the manner provided for in Section 10-2.2506(f)(1-3) of this Code. The hearing shall be held within 45 days following the submission of a complete application. After such hearing the City Council may grant the permit subject to such conditions as it shall deem necessary to protect the health, safety, and welfare of the community and the peaceful enjoyment of all adjacent properties. The City Council may deny any application if it determines upon substantial evidence that the proposed entertainment may interfere with the quiet enjoyment of neighboring property and there are no conditions which adequately ameliorate the interference. Level 2 Permits may be granted for a term up to but not to exceed two years from the date of issuance. Existing permits can be renewed by the Permit Administrator without hearing if no condition of the permit has been violated and if less than three formal (written) complaints have been made to the City concerning the permitted activity during the previous 12 months.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996, as amended by § 1(A), Ord. 2840 c.s., eff. September 17, 1999)

(a) Every permit granted pursuant to this chapter shall require a bond to be posted with the City. The amount of such bond shall be determined pursuant to a schedule adopted by resolution of the City Council. The purpose of the bond shall be to provide security for extraordinary law enforcement or public safety services provided to the permit holder resulting from the entertainment activity for which the permit is granted. The bond shall consist of cash deposited with the City in a specified amount which shall be returned to the permittee upon termination of the permit.

(b) The bond may be drawn upon when, in the determination of the Chief of Police, extraordinary law enforcement or public safety services have been provided to the permittee in connection with the entertainment activity conducted under the permit. The amount drawn upon the bond shall be determined by the Chief of Police but shall not exceed the actual and reasonable cost of providing the extraordinary service. The Chief of Police shall notify the permittee in writing of any reduction in the bond, the reason therefore, the basis for calculating the amount of the reduction and the requirement that the bond be replenished. The permittee shall have five days from date of notification to replenish the bond in the amount specified. No entertainment may be conducted by the permittee after the five day notice period has occurred until the bond has been replenished pursuant to the notice. Failure to replenish the bond within the five day period shall result in automatic revocation of the permit with no further action by the City necessary.

(c) Within five days of the notice to replenish and upon replenishment of the bond the permittee may appeal the bond reduction and replenishment requirement to the City Manager by filing a written request for appeal with the City Manager within 10 days from the date of the written notice. The City Manager, or his or her designee shall hold a hearing on the appeal providing at least five days prior notice to the permittee of the time and place of the hearing. The decision of the City Manager or his or her designee regarding the reduction of the bond will be final.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996)

The City Council may suspend, revoke, add additional conditions or modify existing conditions for any permit issued hereunder if it is found that any or all of the following have occurred:

(1) That the operation conducted by the applicant does not comply with all the health, zoning, fire, building and safety requirements of State and City law;

(2) That any false, misleading, or fraudulent information was provided in the permit application or any report or record requested by the City;

(3) That any condition of the permit was violated;

(4) That the business constitutes a public nuisance;

(5) That facts or circumstances prevalent at the time the license was issued have substantially changed in such a way as to affect the operation of the business;

(6) That any criminal acts have occurred on the business premises with the involvement of any of the entertainers or the business's employees, managers, or owners;

(7) That the permittee has conducted entertainment not authorized by the permit;

(8) That the permittee has failed to pay any applicable City tax;

(9) That extraordinary law enforcement or public safety services have been required as a result of the permit activities to the extent that they create an unreasonable burden on the City;

(10) That the permittee has failed to comply with any provision of this chapter or any other provision of City, State, or Federal law.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996)

The City shall personally serve upon the permit holder, or if that is not possible, upon the business location, a notice of intention to suspend, revoke or alter conditions which sets forth the grounds therefore and notifies the permit holder of the date, time and place of the hearing on the matter. The hearing shall be conducted by the City Council and shall be noticed in the same way as proceedings for issuance of the permit. Following the hearing the City Council shall cause a written notice of decision to be served on the applicant setting forth the grounds for the decision as soon as possible after the hearing. The decision of the City Council shall be final.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996)

The Chief of Police may suspend, without a prior hearing, any permit for a maximum of 30 days if necessary for the protection of the public health and safety. The permittee shall be given the right to a hearing to be held before the City Council if an appeal is filed within five working days after the suspension. The hearing shall be held before the Council at the next regularly scheduled Council meeting occurring after the filing of the appeal. At the hearing the Council may uphold or overrule the suspension by the Chief of Police or exercise its power under Section 4-17.07 herein to suspend, revoke or modify the permit based upon the criteria therein. Under these circumstances the permittee waives the application's 10 day notice for hearing requirement.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996)

A fee shall be required for every permit application filed under this chapter and for appeals filed pursuant to Section 4-17.12 below. The fee must be received before the City shall process the application or appeal. The City Council shall set the amounts of said fees by resolution and may from time to time by resolution adjust the amounts of said fees. Any fee pursuant to this section shall be in addition to and not in lieu of any business license tax imposed pursuant to Title 6 of this Code.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996)

Any permit granted hereunder is personal to the applicant not to the premises upon which the entertainment is conducted and shall not be transferable or assignable. No other individual may conduct entertainment under the authority of a license issued to another. For purposes of this chapter, a permit shall not be deemed transferred or assigned if the permittee is a corporation or partnership which remains under the control of the same individual or individuals who controlled it at the time the permit was approved. Any permit granted hereunder is specific to the location for which it is applied. Any relocation of the permitted activity or major alteration to the existing facility shall require a new permit.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996)

The grant or denial of a permit by a Permit Administrator under this chapter may be appealed to the City Manager or designee. A written notice of appeal must be filed with the City Clerk within five days of the date of the decision by the Permit Administrator. No notice of appeal will be deemed filed unless accompanied by the appropriate fee. As soon thereafter as is reasonably possible, but in no event later than 30 days following the filing of a notice of appeal, an administrative hearing on the appeal shall be held by the City Manager or his or her designee. The City shall provide written notice to the applicant and otherwise notice the hearing pursuant to the requirements of Section 10-2.2506(f)(1-3) of this code. The decision of the City Manager or designee regarding the appeal shall be final.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996, as amended by § 1(B), Ord. 2840 c.s., eff. September 17, 1999)

The City Council may, prior to any hearing on an appeal filed under this chapter, by majority vote preempt the jurisdiction of the City Manager to hear the appeal and accept jurisdiction over the appeal. Such an action shall not be considered as a predisposition on the part of the Council majority to favor or disfavor the merits of the appeal but a recognition that the subject matter of the appeal has sufficient importance to the community to justify the attention of its governing body. The notice and hearing requirements for an appeal before the City Council shall be the same as those set forth in Section 4-17.12 above for an appeal before the City Manager.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996)

The Permit Administrator shall be a person or persons designated by the City Manager. The City Manager may designate different permit administrators for different types of activities or different geographical locations within the City.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996)

Whenever any change occurs relating to the information specified in Section 4-17.04, including changes in the physical layout of the business, changes in employees, operations or the nature of the entertainment, the applicant shall report said change and provide all information which would have been required under Section 4-17.04 above prior to its taking effect. Failure to comply with this section may result in action under Section 4-17.07 herein to suspend or revoke the permit granted under this chapter.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996)

The permit fees required by this chapter may be waived by order of the City Council when the Council finds that such a waiver serves a public purpose.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996)

A permit issued under this chapter is restricted and does not confer any property rights in the privileges to be exercised thereunder and the holder thereof does not have any right to renewal of such license. The City may, without hearing, issue an order suspending the permittee's right to further exercise any privileges granted under such a license pending final determination made after formal hearing as provided for above.

(§ 2, Ord. 2764 c.s., eff. May 2, 1996)

The Chief of Police, or the Chief's designee, is authorized to require of any holder of a permit additional security requirements determined necessary based upon the nature and type of entertainment presented. Such security requirements may include but are not limited to: additional personnel specifically designated and assigned as security for the event, any physical changes or alterations to the location deemed necessary for the safety of the public in attendance, limitation on the hours, times, or frequency of presentation, and regulation of the movement of persons in attendance that deal with access, egress, or parking. Failure to comply with the requirements established by the Chief of Police, or the Chief's designee, under the authority of this section may result in the immediate revocation of the permit under Section 4-17.07 or 4-17.09.

(§ 3, Ord. 2941 c.s., eff. September 2, 2004)