Chapter 7.09 — PLACES OF PUBLIC AMUSEMENTS

Section

• 7.09.001 Definitions
• 7.09.002 License; required
• 7.09.003 Same; written application to County Clerk
• 7.09.004 Same; filing fees; exception
• 7.09.005 Same; transmittal of application; hearing; issuance
• 7.09.006 Same; denial; notice
• 7.09.007 Same; fees
• 7.09.008 Same; renewal
• 7.09.009 Same; revocation; grounds
• 7.09.010 Same; same; notice; hearing
• 7.09.011 Same; same; complaints
• 7.09.012 Required conditions
• 7.09.013 Unlawful acts; declared nuisances

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. AMUSEMENT PARK. Any place commonly known as an amusement park, amusement ground or amusement center where swimming, dancing, games, exhibits or shows are carried on, conducted or allowed whether an admission fee is charged or not; provided that, beer, wine or liquor is not sold, kept, provided or given away in connection with the amusement park. BEER GARDEN. Any structure or place where the principal occupation or enterprise is that of selling, dispensing, giving away or disposing of alcoholic beverages intended for consumption on or about the premises. CABARET. Any structure or place wherein beer, wine or liquor is sold or provided patrons and wherein amateur or paid entertainers perform or entertain the patrons of the place. CIRCUS SHOW. All sideshows, circuses, traveling shows, animal shows, traveling carnivals, traveling or moving tent shows, exhibitions, temporary theaters or itinerant playhouses; excepting, however, motion picture theaters or playhouses being operated in a permanent structure. DANCE HALL. Any place wherein dances are given, operated, conducted or permitted as a business enterprise, occupation or amusement whether or not music is provided by paid or amateur performers or by prerecorded means. Excluded from this definition are dances conducted by any non-profit, charitable, philanthropic or eleemosynary organization; provided, that the net profit from any dance does not inure to the private profit of any person or persons. MUSIC FESTIVALS. Any outdoor festival, carnival, dance or like musical activity, whether or not music is provided by paid or amateur performers or by prerecorded means, which is of a periodic nature and to which members of the public are admitted for a charge, whether or not the charge is directly or indirectly made. PUBLIC SWIMMING POOL. A swimming pool to which members of the public are admitted for a charge, whether or not such charge is made directly or indirectly. Excluded from the definition of PUBLIC SWIMMING POOL shall be those swimming pools constructed on the business premises of motels, which pools serve exclusively the registered guests of the motel.

(1966 Code, § 12A-1) (Ord. 297, § 1)

Any person wishing to operate, maintain or conduct a place of public amusement as defined herein, within the unincorporated areas of the county, must first obtain a license to do so. No license shall be issued, however, until all conditions required pursuant to this chapter have been met and fulfilled. (1966 Code, § 12A-2) (Ord. 297, § 2)

Any person desiring to operate a place of public amusement shall file a written application (consisting of an original and five copies) with the County Clerk, which shall contain the following facts and information: (A) The name, age, residence and mailing address of the person making the application. If the application is made by a partnership, the names and addresses of the partners must appear. Where the applicant is a corporation, the application must be signed by the president, vice president and secretary thereof and must contain the addresses of the corporate officers; and a certified copy of the articles of incorporation shall be submitted with the application; (B) A statement of the kind, character or type of place of public amusement, as defined in § 7.09.001 hereof, which the applicant proposes to conduct, operate or carry on; (C) The address or legal description of the place or premises where the proposed public amusement is to be conducted, operated or carried on. Additionally, the applicant must submit proof of ownership of the place where the public amusement is to be conducted or a statement signed by the owner of the premises indicating his or her consent that the site be used for the proposed amusement; (D) The number of days for which the license is sought (a license authorizes the conduct of a public amusement for a maximum of 365 days and must thereafter be renewed); and (E) An estimate of the number of customers, spectators, participants and other persons expected to attend the public amusement for each day it is conducted. (1966 Code, § 12A-3) (Ord. 297, § 3)

(A) The County Clerk shall collect from each applicant a nonrefundable filing fee determined as follows:

Estimated Attendance Fee Up to 20,000 $50 20,001 to 50,000 $75 50,001 to 100,000 $100 100,001 to 200,000 $200 200,001 to 300,000 $300 Over 300,000 $500

(B) The Board of Supervisors may waive the filing fee required by this section when the applications are submitted by a neighborhood or community benefit association, organized for charitable, religious or eleemosynary purposes; provided, that the net proceeds from the activity subject to the application do not inure to the benefit of any private person or persons. (1966 Code, § 12A-4) (Ord. 297, § 4; Ord. 301)

(A) Upon receipt of the application, the County Clerk shall file the original application and distribute one copy thereof to the Sheriff, the county’s Health Officer, the Director of the Department of Public Works and the District Attorney. These county department heads shall thereupon conduct an investigation of the application. (B) The Clerk of the Board of Supervisors shall set the matter for public hearing at a regular meeting of the Board, which shall be not later than 60 days from the date of the filing of the application. Ten days’ written notice of the date of the hearing shall be given to the applicant and to the county department receiving a copy of the application. (C) The Board of Supervisors shall, based upon the reports of the interested county departments and on the testimony of witnesses and evidence presented at the hearing, grant the application, deny the application or set conditions which must be met before a license may be granted. (D) Where conditions are imposed pursuant to § 7.09.002 of this chapter, the County Clerk must certify to the Tax

Collector that all conditions have been met before a license may be issued. The Clerk shall require written notice from county departments charged with responsibility under § 7.09.012, that conditions have been met before issuing its certification. (E) When the County Clerk certifies that conditions have been met, the Tax Collector shall immediately issue a license specifying the name and address of the licensee, the kind of public amusement licensed and the number of days operation is authorized. The licensee shall keep the license posted in a conspicuous place upon the premises at which the public amusement is conducted. (1966 Code, § 12A-5) (Ord. 297, § 5)

(A) After holding the required public hearing, the Board of Supervisors may deny issuance of a license if it finds any of the following: (1) That the applicant fails to meet the conditions imposed pursuant to this chapter; (2) That the proposed public amusement will be conducted in a manner or location not meeting the health, zoning, fire or safety standards established by the ordinances of the county or the laws of the state; (3) That the applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for license, or in any other document required pursuant to this chapter; (4) That the applicant, his or her employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager, has previously conducted the type of public amusement being applied for which resulted in the creation of a public or private nuisance; and (5) That the applicant, his or her employee, agent or any person associated with applicant as partner, director, officer, stockholder, associate or manager has been convicted in a court of competent jurisdiction, by final judgment of: (a) An offense involving the presentation, exhibition or performance of an obscene production, motion picture or play; or of selling obscene matter; (b) An offense involving lewd conduct; (c) An offense involving the use of force and violence upon the person of another; or (d) An offense involving misconduct with children. (B) Where the application is denied, the Clerk to the Board of Supervisors shall mail to the applicant written notice of denial within 14 days of the action, which notice shall include a statement of the reasons the application was denied. (1966 Code, § 12A-6) (Ord. 297, § 6)

(A) The license fees for operating places of public amusement, as defined in § 7.09.001, are fixed as follows: (1) Cabaret. The sum of $600 per year, payable in four equal quarterly installments in advance (i.e., on or before the first day of January, April, July and October of each year) at the rate of $150 per quarter. (2) Dance hall. The sum of $100 per year, payable in four equal quarterly installments in advance at the rate of $25 per quarter. (3) Beer garden. The sum of $100 per year, payable in four equal quarterly installments in advance at the rate of $25 per quarter. (4) Amusement park. The sum of $100 per year, payable in four equal quarterly installments in advance at the rate of $25 per quarter. (5) Public swimming pool. The sum of $50 per year, payable in four quarterly installments in advance at the rate of $12.50 per quarter. (6) Circus show. The sum of $3,600 per year, payable in four equal quarterly installments in advance at the rate of $900 per quarter; provided, however, that a license may be issued on a daily basis, a fee for which is hereby set at $100 per day of operation. (7) Music festival. The sum of $5,400 per year, payable in four equal quarterly installments in advance at the rate of $1,350 per quarter; provided, however, that a license may be issued on a daily basis, a fee for which is hereby set at $150 per day of operation. (B) A neighborhood or community benefit organization, organized for charitable, religious or eleemosynary purposes, shall be exempt from paying the license fee provided for in this section; provided, that the net proceeds from any such activity does not inure to the benefit of any private person or persons.

(1966 Code, § 12A-7) (Ord. 297, § 7)

A license may be renewed upon the same terms, conditions and pursuant to the same procedures required herein for the issuance of an initial license. (1966 Code, § 12A-8) (Ord. 297, § 8)

The Board of Supervisors of the county have the power to revoke any license, or to revoke and reinstate any license upon suitable conditions, when the following causes exist: (A) The licensee fails, neglects or refuses to pay to the Tax Collector the fee prescribed by this chapter; (B) The licensee, his or her employee or agent, fails, neglects or refuses to fulfill any or all of the conditions imposed pursuant to this chapter; (C) The public amusement violates any law or regulation established by the ordinances of the county or the laws of the state; (D) The licensee allows the public amusement to be conducted in a disorderly manner or knowingly allows any person to remain on the premises of the public amusement while under the influence of intoxicating liquor, or any narcotic or dangerous drug; and (E) The licensee, his or her employee or agent is convicted of any of the offenses enumerated under § 7.09.006(A)(5). (1966 Code, § 12A-9) (Ord. 297, § 9)

Notice of intent to revoke any license shall be given and the licensee shall be entitled to a hearing. The Clerk of the Board of Supervisors shall give notice, setting forth the causes for revocation and shall state the time and place at which the matter of revocation will be heard before the Board of Supervisors of the county. The notice shall be mailed not later than ten days prior to the date set for hearing. The Board of Supervisors shall hear all interested parties and may revoke a license only for one or more causes enumerated by § 7.09.009. (1966 Code, § 12A-10) (Ord. 297, § 11)

Any person may file a complaint with the Clerk of the Board of Supervisors or may petition the Board of Supervisors to conduct a hearing concerning the revocation of the license of any licensee. The Clerk of the Board of Supervisors shall notice the petition for hearing in accordance with the provisions of § 7.09.010. (1966 Code, § 12A-11) (Ord. 297, § 10)

(A) At the hearing required under § 7.09.005, the Board of Supervisors may establish conditions which must be met prior to the issuance of any license under this chapter; except, that the Board may take a matter under submission before determining which conditions shall be imposed. Where the Board takes a matter under submission, written notice of any conditions imposed as prerequisite to the issuance of a license must be mailed to the applicant within 15 days of the close of the public hearing. (B) The conditions which may be imposed by the Board of Supervisors pursuant to the county’s general police power for the protection of health, safety and property of local residents and persons attending public amusements in the county, are as follows: (1) Police protection. (a) Every licensee shall employ, at his or her own expense, at least one private patroler or guard, approved by the Sheriff of the county, whose duty shall be the preservation of order and protection of property in and around the place of public amusement. (b) The patroler may be required to be licensed under the Business and Professions Code and to be in attendance, wearing uniforms, at all times the public amusement is in operation. Where the Sheriff authorizes the employment of off-duty peace officers to meet the requirements of this chapter, the peace officers shall be under the direction and control of the Sheriff of the county. The Sheriff must be satisfied that the requisite number of private patrolers or guards will be provided at all times of operation, before a license is issued. Submittal by the applicant of a written agreement between the applicant and a licensed private patrol agency may be required. As a condition of any license hereunder, the licensee consents to and authorizes the Sheriff, his or her deputies and employees to enter upon the licensed premises.

(2) Water facilities. (a) Every licensee shall provide an ample supply of water for drinking and sanitation purposes on the premises of the public amusement. Quality and quantity of water and location of facilities must be approved by the county’s Health Officer prior to the issuance of a license. (b) In the case of outdoor public amusements proposed to be held in arid or semi-arid areas, a supply of ten gallons of water for each person expected to be in attendance may be required. All water shall meet U.S. public health service standards. Public or private lavatories and drinking facilities may be required. Drainage and sewage systems relating to such facilities shall meet the requirements of the Health and Safety Code and be subject to the prior approval of the county’s Health Officer. (3) Food concessions. In the case of public amusements proposed to be held in areas located a substantial distance from markets, restaurants or like eating establishments, applicant may be required to demonstrate that food will be available at the premises for each day of operation to adequately feed the number of persons expected to be in attendance. Concessionaires must be licensed pursuant to local regulation and state laws. Quality and quantity of food and location of concessions must be approved by the county’s Health Officer prior to the issuance of any license. (4) Sanitation facilities. (a) Every licensee must provide at least one closed toilet facility marked “Men” and one such facility marked “Women” on the premises of a public amusement. If large crowds are expected, a toilet for each 40 males and for each 40 females expected to be in attendance may be required. (b) Where flush-type toilets cannot be made available, the Supervisors may consent to the use of portable chemical toilets. The chemical toilets must meet the approval of the county’s Health Officer before any license may be issued. Chemical toilets must be emptied at licensee’s expense as necessary and pursuant to procedures established by the county’s Health Officer. (c) Every licensee shall be required to furnish at least one trash can with 32 gallons capacity for every 25 persons expected to be in attendance. Proof that the requisite quantity of trash and refuse receptacles will be available must be made to the county’s Health Officer. Trash and refuse shall be emptied at licensee’s expense as necessary and pursuant to procedures established by the county’s Health Officer. (5) Medical facilities. (a) Where a proposed public amusement is expected to attract large numbers of persons and is planned for a site which is located a substantial distance from existing medical treatment facilities, the applicant may be required to provide emergency medical treatment facilities on the premises of the public amusement. The location of the facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff the facilities and the quantity of medical supplies, drugs, ambulances and other equipment that must be on the site, must be approved by the county’s Health Officer prior to the issuance of any license under this chapter. (b) The county’s Health Officer shall calculate the need for medical services, based on the number of persons expected to attend a public amusement, their expected age group, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements. (6) Parking areas. (a) Every licensee shall provide adequate parking space for persons attending a public amusement by motor vehicle as determined by the Director of Public Works. The individual parking spaces shall be clearly marked and shall be not less than nine feet wide and 20 feet long. (b) The Director of Public Works must approve an applicant’s “parking plan” before a license shall be issued. (7) Access and parking control. (a) Every licensee shall provide adequate ingress and egress to his or her public amusement premises and parking areas therefor. Necessary roads, driveways and entranceways shall exist to insure orderly flow of traffic into the premises from a highway or road which is a part of the county system of highways or which is a highway maintained by the state. The Director of Public Works must approve the licensee’s plan for ingress and egress before a license shall be issued. (b) Additionally, any applicant may be required to show that traffic guards are under his or her employ to insure orderly traffic movement and relieve traffic congestion in the vicinity of the public amusement area. (8) Hours of operation. All public amusements which are subject to license under this chapter shall close and cease operation continuously between the hours of 2:00 a.m. and 6:00 a.m. of each and every day. (9) Illumination. (a) Every licensee planning to conduct a public amusement after dark, or planning to allow persons who attend the public amusement to remain on the premises after dark, shall provide electrical illumination to insure that those areas which are occupied, including areas used for parking, are lighted at all times. The Director of Public Works must approve an applicant’s lighting plan as a prerequisite to issuance of a license hereunder. (b) A licensee may be required to illuminate specific areas on the premises in accordance with the following scale of

lighting intensity: 1. Open areas reserved for spectators: five to ten foot candles. 2. Stage areas: 75 to 100 foot candles. 3. Parking and overnight areas: one to five foot candles. 4. Restroom and concession areas: 20 to 50 foot candles. (10) Overnight camping facilities. Every licensee authorized to allow persons who attend the public amusement to remain on the premises overnight shall provide camping facilities, including adequate firewood to supply the needs of the estimated attendance, and overnight areas. The areas and facilities must be approved by the county’s Health Officer and Public Works Director prior to the issuance of any license. (11) Bonds. (a) Any licensee shall post an indemnity bond or a performance bond in factor of the county in connection with the operation of a public amusement in the amount determined by the Board of Supervisors. Bonds required by this chapter must be approved by the District Attorney prior to issuance of any license. (b) An applicant may be required to submit a surety bond written by a corporate bonding company authorized to do business in the state by the Department of Insurance, in a penal amount determined by the Board of Supervisors. The bond shall indemnify the county, its agents, officers, servants and employees and the Board of Supervisors of the county against any and all loss, injury and the damage of any nature whatsoever arising out of, or in any way connected with, the public amusement and shall indemnify against loss, injury and damage to both person and property. (c) Additionally, the county may demand that applicant provide a corporate surety bond written by a corporate bonding company authorized to do business in the state, indemnifying the county and the owners of property adjoining the public amusement site for any costs necessitated for cleaning up or removing debris, trash or other waste from, in and around the premises. The bond shall be in an amount determined by the Board of Supervisors. (12) Fire protection. The licensee shall furnish the fire protection, including personnel and equipment, at its own expense, as shall be required by the Director of Public Works after consultation with the state’s Division of Forestry. (13) Enclosures. Licensee shall install, at its own expense, fences or other structures as may be required to prevent persons attending the public amusement from trespassing upon lands adjacent to the licensed premises. (14) Miscellaneous. Any applicant may be required to meet any other condition prior to receiving a license to conduct a public amusement which is reasonably calculated as necessary to protect the health, welfare and property of local residents and persons attending a public amusement. (1966 Code, § 12A-12) (Ord. 297, § 12)

(A) It shall be unlawful for any person, partnership, corporation or unincorporated association, acting alone or in concert with any of the foregoing, to do any of the following: (1) Operate a public amusement, as herein defined, without first procuring a license to do so; (2) Sell tickets, or offer to sell tickets, to a public amusement without a license first having been obtained; (3) Sell or offer for sale tickets to a public amusement in excess of the number expected to attend as stated in the application; (4) Advertise, or otherwise publicly announce, that a public amusement will be held in the county without a license first having been received for the conduct thereof; (5) Provide entertainment at a public amusement, whether or not compensation is paid for the performance of the entertainment, with the knowledge that a license has not been obtained; (6) Operate, conduct or carry on any public amusement in such a manner as to create a public or private nuisance; (7) Exhibit, show or conduct within such place of public amusement any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit, no matter by what name designated; (8) Allow any person on the premises of the licensed public amusement to cause or create a disturbance in, around or near any place of public amusement by offensive or by disorderly conduct; (9) Knowingly allow any person to consume, sell or be in possession of intoxicating liquor while in a place of public amusement except where the consumption or possession is expressly authorized under the terms of this chapter and under the laws of the state; and (10) Knowingly allow any person on the licensed public amusement to use, sell or be in possession of any narcotic or dangerous drug while in, around or near a place of public amusement.

(B) Any and all of the acts declared herein to be unlawful are hereby further declared to be a public nuisance and the District Attorney of the county shall, upon the order of the Board of Supervisors, immediately commence action or proceedings for the abatement or enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to the court or courts as may have jurisdiction to grant the relief and will abate and remove the nuisance and enjoin any person, firm or corporation from doing or committing any of the acts prohibited hereunder. The remedies provided for herein shall be cumulative and not exclusive. (1966 Code, § 12A-13) (Ord. 297, §§ 13, 15)