Rolling Hills Estates Municipal Code Ch. 5.28 Entertainment Permits

For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended:

"Entertainment" means:

1. Any act, play, review, pantomime, scene, dance act, or song and dance act, performed by one or more person or persons, whether or not such person or persons are compensated for such performance; or

2. Any fashion or style show, except:

a. When the same is conducted by a nonprofit club, organization or association, as a part of the social activities of such club, organization or association, or

b. When the same is conducted by a person as a part of a commercial business which primarily involves the sale of commercial or wearing apparel, or

c. When the same is conducted solely as a fund-raising activity for any charitable purpose.

"Entertainment permit" means a permit issued pursuant to the provisions of this chapter.

"Place of entertainment" means a place open to members of the public in which entertainment is offered or performed.

(Prior code § 830)

No person shall participate in any act of entertainment in any place of entertainment, as a performer or as the owner or operator of such place, without first obtaining an entertainment permit in the manner hereinafter set forth in this chapter. Issuance of a permit pursuant to the provisions of this chapter shall not be deemed to waive the requirement for the issuance of any other permit or license required by the provisions of this code, except that where a dance permit has been issued pursuant to Chapter 5.24 of this code, a permit shall not be required pursuant to this chapter if the only entertainment, as defined in this chapter, consists of dancing which would otherwise be permitted pursuant to the provisions of Chapter 5.24 of this code.

(Prior code § 831)

Any person required to obtain a permit under the provisions of this chapter, shall make a written application therefor, to the city manager, containing the following information;

A. The name and address of the owner, operator or other person responsible for the operation and maintenance of the proposed place of entertainment; and

B. The address and telephone number of the place of entertainment; and

C. A brief description of the type of proposed entertainment; and

D. The dates and hours proposed for the entertainment; and

E. An informal plot plan showing the location of the stage or other area where the entertainment will take place in reference to the building or structure.

(Prior code § 832 (part))

A filing and processing fee, as set by council resolution, shall be required and submitted with each application.

(Ord. 561 § 1 (part), 1993: prior code § 832 (part))

The city manager, upon receipt of a written application for an entertainment permit shall conduct an appropriate investigation to determine whether the permit should be issued in accordance with provisions of this chapter as hereinafter set forth. The city manager may consider any relevant factual material including, but not limited to, the proposed place for such entertainment, the nature of the proposed entertainment, and the character and reputation of the applicant and/or other persons who will be involved in the conduct and operation of such entertainment if the permit is issued.

(Prior code § 833)

The city manager shall issue an entertainment permit, based upon his investigation, if he finds that the public peace, health, safety and general welfare will not be endangered or jeopardized by the issuance thereof. The city manager may impose conditions upon the issuance of such permits to insure that the entertainment conducted under and by virtue thereof, will be compatible with the preservation of such public peace, health, safety and general welfare.

(Prior code § 834 (a))

If the city manager finds, based upon his investigation, that the issuance of an entertainment permit would, or might, endanger or jeopardize the public peace, safety, health and/or general welfare or if he finds that such issuance would permit the conduct of a public nuisance, he shall decline to issue the same.

(Prior code § 834 (b))

The applicant, and any other person requesting the same, shall be notified in writing of the decision rendered by the city manager with reference to such an application. The action of the city manager with reference to such an application. The action of the city manager with reference to the issuance, conditional issuance or denial of a permit shall be final and conclusive in the absence of an appeal from such decision.

(Prior code § 834 (part))

A. Any person aggrieved by the decision of the city manager with reference to the issuance or denial of an entertainment permit, or as to a conditional issuance, shall have the right to appeal to the city council. The appealing party shall file with the city clerk a written letter of appeal stating therein the facts of such appeal and the reasons therefor, together with a filing and processing fee in the sum of one hundred dollars. Upon receipt of such letter of appeal and fee, the city clerk shall immediately set the matter for consideration by the council at its next regularly scheduled meeting. The city clerk shall give the appealing party and any other person requesting the same at least five days' written notice of the time and place of such hearing.

B. At the time and place set for the hearing upon the appeal from the decision of the city manager, the city council shall give the appealing party, and any other interested party, a reasonable opportunity to be heard in order to show cause before the council why the determination of the city manager should not be upheld. In all such cases, the burden of proof to show that the action of the city manager was arbitrary, capricious or in excess of his authority, shall be upon the appealing party. The determination of the city council shall be final and conclusive.

(Prior code § 835)

A. No permit shall be transferable except with the written consent of the city manager. An application for such a transfer shall be in writing and shall be accompanied by a filing and processing fee of fifty dollars, the same to be filed with the city manager. The written application for such transfer shall contain the same information as required herein for an initial application for such a permit.

B. There shall be no substantial change in the nature of the entertainment as described in the application, except with the written consent of the city manager. Application for such change shall be filed and processed in the same manner as the transfer of a permit including, but not limited to the payment of a fifty dollar filing and processing fee.

C. The action of the city manager in either approving or disapproving an application under this section shall be accompanied, in accordance with the provisions of Sections 5.28.060, 5.28.070 and 5.28.080, with reference to the initial application for such permit. The action of the city manager shall be final and conclusive in the absence of an appeal taken in the manner set forth in Section 5.28.090.

(Prior code § 837)

A. The city manager shall suspend any entertainment permit issued hereunder, if he finds that the permittee or such permittee's agents and/or employees have been, or are, violating any condition of approval imposed upon such permit, or is violating any provision of this chapter, or any other applicable law, or that the continued operations under the permit would endanger, jeopardize or disrupt the public peace, safety, health or general welfare.

B. The determination of the city manager with regard to matters of suspension shall be appealable to the city council in the manner set forth in Section 5.28.090.

C. The city manager, in the case of such suspension, shall serve the permittee, either by personal service or by United States mail, postage prepaid, addressed to the permittee with a written order of suspension which shall state the reasons for such suspension. The order shall be effective twenty-four hours after the same is personally served or forty-eight hours after the same has been deposited in the course of transmission in the United States mail.

D. Immediately upon such an order becoming effective, no person shall participate, as a performer or as the owner or operator of a place of entertainment in any act constituting entertainment, as herein defined.

E. The order of suspension shall be deemed a revocation of a permit unless the permittee, within ten days after personal service of such order, or ten days after the order is deposited in the course of transmission in the United States mail, files an appeal from the order, in the manner hereinafter prescribed.

F. An appeal from a decision of the city manager regarding a suspension within the time permitted may be taken by a permittee by filing a written letter of appeal with the city clerk, together with a filing a processing fee in the sum of one hundred dollars.

G. Where an appeal is taken, the city council shall act upon the same in the time and manner set forth in Section 5.28.090. The action of the city council shall be final and conclusive.

(Prior code § 836)