Part 2 — OPERATING REGULATIONS AND PERMIT CONDITIONS

A.

The provisions of this part shall constitute terms and conditions applicable to each entertainment permit and each entertainment license issued pursuant to this chapter.

B.

The provisions of this part shall also constitute operating regulations that are applicable to each holder of an entertainment permit and each holder of an entertainment license issued pursuant to this chapter.

C.

It shall be unlawful for any person permitted or licensed under this chapter, or any person required to be permitted or licensed under this chapter, whether or not such persons are actually so permitted or licensed, to violate any provisions of this chapter.

(Ords. 24629, 28317, 28693, 28840.)

A.

The permittee shall indemnify, defend and hold harmless the city, its officers, employees and agents from any and all liability or risk of liability for the use of off-duty San José police officers or San José reserve police officers. The terms of the indemnification shall be as follows:

Permittee shall defend, indemnify, and hold harmless the city, its officers, employees and agents, from any and all claims, demands, causes of action, damages, costs, attorneys' fees, expenses, losses or liabilities, in law or in equity, of every kind and nature whatsoever (including, but not limited to, injury to or death of the off-duty San José police officers or San José reserve police officers, employees of permittee, or third parties and damage to or destruction of property of permittee, city or third parties) arising out of the work performed by the off-duty San José police officers or San José reserve police officers for the permittee regardless of any active or passive negligence on the part of the city, or its officers, employees and agents.

The indemnity provided for shall commence at the time and on the date the part-time employment of the off-duty San José police officers or San José reserve police officers by permittee begins, and shall extend for the actual times and dates of such employment. Part-time employment or independent contractor contracts, written or oral, of all durations are covered under this indemnification to the extent work is performed by the off-duty San José police officers or San José reserve police officers for permittee.

B.

Prior to a permittee's use of any off-duty San José police officers or San José reserve police officers, the permittee shall provide proof satisfactory to the office of the risk manager that permittee has in full force and effect, at the permittee's own cost, a commercial general liability insurance policy or other such policy as the office of the risk manager shall require, with minimum policy limits to be set by the risk manager, naming the City of San José, its officers, employees and agents as additional insureds under the policy.

C.

As part of the proof of insurance required under subsection B., prior to the use of any off-duty San José police officers or San José reserve police officers, the permittee shall be required to sign an insurance agreement with the city in a form to be provided by the office of the risk manager. This form shall include such terms and conditions as the office of the risk manager shall deem reasonably necessary to provide the city with satisfactory proof of insurance and protection from liability.

(Ord. 24629.)

The permittee shall maintain a valid conditional use permit, a valid planned development permit, or evidence of a legal nonconforming use for the premises which is satisfactory to the city.

(Ords. 24629, 28693, 28840.)

The permittee shall prevent noise from emanating beyond the premises of the public entertainment which is disturbing or unreasonably loud to persons on neighboring property.

(Ord. 24629.)

A.

The permittee shall comply with, and ensure that the permittee's owners, managers and employees comply with the standards for internal and external security arrangements specified below.

There shall be a minimum of one security personnel on duty for up to and including the first fifty patrons on site. Once the number of patrons exceeds fifty, there shall be an additional one security personnel on duty for up to and including every additional fifty patrons on site. "On site" means and includes all patrons within the premises and waiting in line to enter the premises.

The security personnel required to be on site pursuant to this Section shall be on duty when the public entertainment begins or 9:00 p.m., whichever occurs first in time, and shall remain on duty for at least one- half hour after the public entertainment business has closed or after all patrons have vacated the area immediately surrounding the premises and the adjacent parking lots used by patrons, whichever occurs later in time.

The security personnel shall provide security inside the premises, along the outside perimeter of the premises, and at parking sites immediately adjacent to the premises and used by patrons.

If found, security personnel shall remove any illegal contraband from patrons, report its existence to the San José police department, identify the person in possession of the illegal contraband and immediately turn it over to the proper law enforcement authorities.

All security personnel shall register and maintain valid registration status with the state of California's department of consumer affairs. At no time shall any security personnel register at any level that is less than that of a proprietary private security officer. Proof of application and registration for all security personnel shall be maintained by the permittee and shall consist of copies of all relevant documentation including: application forms, receipts for application fees and live scan fees, and actual proof of registration.

At closing time, the security personnel shall be responsible for clearing the permittee's patrons from the sidewalk and street areas in front of the premises and from other areas accessible to persons around the perimeter and within one hundred and fifty feet of the premises.

While on duty, all security personnel shall have a nameplate containing the security personnel's full name and the word "SECURITY" printed in bold, capital letters. The nameplate shall be exhibited prominently on

the clothing, at chest level, and shall be visible and easily read at all times. The nameplate shall be a minimum of two inches high and four inches wide, with the required information printed in capital letters, at least three-fourths inches high and in a contrasting color. As an alternative to a nameplate, the security personnel's name and the word "SECURITY" may be embroidered on the security personnel's outermost garment with the required information meeting the above specifications and located at chest level.

The permittee shall not allow any security personnel to, and no security personnel shall, sit at the bar, consume alcoholic beverages or any controlled substance, be under the influence of alcoholic beverages or any controlled substance, or engage in any other violations of law while on duty.

The permittee shall not allow any security personnel to be, and no security personnel shall be, in possession of any firearm while on the premises without first having obtained a license from the appropriate state or local agency authorizing the security personnel to be in possession of a firearm.

If the permittee employs security personnel that will be in possession of a firearm while on the premises, the security personnel shall, no less than 10 days prior to the date he or she will begin employment with the permittee, provide the chief of police with the following:

a.

A copy of the license issued to the security personnel by the appropriate state or local agency authorizing him or her to possess such firearm;

b.

A copy of his or her law enforcement identification (if he or she is employed by a law enforcement agency); and

c.

A copy of his or her California driver's license or California identification card.

B.

Notwithstanding Section 6.60.240.A.1 above, there shall be a minimum of one security personnel on duty for up to and including the first fifty patrons on site; one additional security personnel on duty for up to and including the next fifty patrons on site; and once the number of patrons exceeds one hundred, there shall be one additional security personnel on duty for up to and including every additional one hundred patrons on site, for those permittees that meet all of the following requirements:

The Public Entertainment Business operates exclusively outdoors on private property, admits patrons under twenty-one years of age at all times it is operating, makes food available for sale at all times it is operating,

and closes by no later than 10:00 p.m.;

The only alcohol sold or otherwise made available to patrons by the Public Entertainment Business is beer and/or wine and the Public Entertainment Business does not permit patrons to bring any alcohol on-site;

The Permittee has obtained and is in compliance with any applicable permit under Title 20 of this Code; and

The Public Entertainment Business does not at any time operate in a way that would make it subject to Section 6.60.240.A.1.

(Ords. 24629, 25363, 25643, 25644, 28693, 28840, 30127.)

The permittee shall at all times manage waiting lines outside the premises to ensure there are no impediments to pedestrian travel in the pedestrian walkway, no blockage of neighboring businesses, and no disturbances of the public peace.

(Ords. 24629, 28693, 28840.)

A.

At least one person in possession of a valid entertainment license shall be on the premises at all times while public entertainment is being provided. Said manager shall cooperate fully with the chief of police, or any city official responsible for enforcing the provisions of this code, with any inquiry, inspection, reasonable request, or investigation necessary to implement the requirements of this code or to enforce any other local, state or federal law.

B.

In the event a permittee terminates employment of a manager or hires new persons to manage the public entertainment business, the permittee shall, within ten days of the change in management, report such change, in writing, to the chief of police.

(Ords. 28693, 28840.)

The permittee shall comply with such conditions regarding the presence of persons under the age of twenty-one years of age after entertainment begins on the public entertainment premises as are required by a valid conditional use or planned development permit.

(Ord. 24629.)

The permittee shall comply with the maximum occupancy load as set by the fire marshal of the San José fire department.

(Ords. 24629, 28693, 28840.)

The permittee shall report to the chief of police any conditions on the premises that substantially affect the public safety which the permittee or the manager knows or reasonably should know exist at the time of occurrence.

(Ord. 24629.)

The permittee shall not conduct the permitted business in a manner that creates or results in a public nuisance, as defined in Section 1.13.050 of this code or Sections 3479 and 3480 of the California Civil Code, on or within one hundred fifty (150) feet of the permitted premises.

(Ords. 27782, 27783.)

A.

No permittee shall use, hire, employ or otherwise avail itself of the services of an event promoter, as defined in Chapter 6.62 of this code, to promote any event at the permitted business unless the event promoter has obtained an event promoter permit as required by Chapter 6.62 or the permittee and the event promoter comply with the provision of Sections 6.62.210 and 6.62.390 of Chapter 6.62, including the requirement that the permittee and the event promoter enter into a written contract as described in Section 6.62.210.

B.

The permittee shall maintain a copy of any contracts executed between the permittee and the event promoter that are required by this chapter and Chapter 6.62 on file at the permitted business for a period of not less than two (2) years. The two (2) year period shall commence on the later of the last day of operation of the specific event being promoted or the contract's expiration date.

C.

A copy of any contracts required by this chapter and Chapter 6.62 shall be made available for inspection and copying by the chief of police or any city official responsible for enforcing the provisions of this code.

D.

Any permittee who uses, hires, employs or otherwise avails itself of the services of an event promoter shall ensure that the event promoter complies with the requirements pertaining to security personnel retained by the event promoter set forth in Section 6.62.370 of Chapter 6.62.

(Ord. 28317.)