San Jose Municipal Code § 6.60.300 Procedures and determinations

A. The procedures set forth in Part 1.5 of Chapter 6.02 for summary suspension shall govern the summary suspension of any entertainment permit or entertainment license issued pursuant to this chapter.

B. Any other actions taken by the city regarding an application for a new entertainment permit or entertainment license or an existing entertainment permit or entertainment license shall be governed by the provisions set forth in Sections 6.60.310 through 6.60.390.

(Ords. 24629, 28693, 28840.)

A. Persons holding Class C dance permits under Chapter 6.58 of this code that are valid on July 15, 1994, who would otherwise be required to apply for a business permit or ownership/management license under the provisions of this chapter shall be exempt from the fee requirements set forth in this part for the initial applications required under this chapter.

B. The chief of police shall provide persons described in subsection A. the appropriate business permit and ownership/management license upon receipt of completed business permit and ownership/management license applications as set forth in Chapter 6.02.

C. The persons described in subsection A. shall receive business permits and ownership/management licenses even though such persons may have prior convictions for crimes that would otherwise provide the chief of police grounds for denial of a permit or license.

D. The chief of police may take action to suspend or revoke a business permit or ownership/management license issued under the terms of this section should the chief of police find that conduct occurring after July 15, 1994, constitutes grounds for the chief of police to suspend or revoke the business permit or ownership/management license under the terms set forth in Chapter 6.02.

E. The persons described in subsection A. shall otherwise be subject to all the requirements of this chapter.

F. Persons required to obtain a business permit pursuant to this chapter on or after July 15, 1994, shall be exempt from the requirements of Chapter 6.58, the public dancehall ordinance.

(Ord. 24629.)

A. Subject to the conditions set forth in Section 6.60.371, each entertainment permit issued under this chapter and each entertainment license issued to an owner under this chapter shall expire four years after the date of issuance.

B. Each entertainment license issued to a manager under this chapter shall expire two years after the date of issuance.

(Ords. 24629, 28840.)

Fees for entertainment permit and entertainment license applications, entertainment permit and entertainment license renewal applications, change of venue applications, public entertainment ID cards and fingerprinting shall be as set forth in the schedule of fees and charges established by council resolution.

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

An application for any entertainment permit or entertainment license required by this chapter must be filed on the form provided by the chief of police.

(Ords. 28693, 28840.)

A. Each and every public entertainment business shall be required to secure its own separate entertainment permit in accordance with the requirements of this chapter, regardless of whether the public entertainment business shares the same owners, operators or managers as another public entertainment business.

B. Each and every owner and manager of a public entertainment business shall be required to secure his or her own separate entertainment license in accordance with the requirements of this chapter for each and every public entertainment business he or she has an ownership interest in or he or she manages.

(Ords. 28693, 28840.)

A. Applications for a new entertainment permit shall contain or be accompanied by the following:

1. If the applicant is:

a. An individual, the individual shall state his or her legal name and any aliases and shall submit satisfactory proof that he or she is twenty-one years of age.

b. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any.

c. A closely held corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors and of each stockholder, and the name and address of the registered corporate agent for service of process.

d. A corporation, other than a closely held corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the state and date of incorporation, evidence that the corporation is in good standing and authorized to do business in the state of California, the names and capacity of all officers, directors and principal owners, and the name and address of the registered corporate agent for service of process.

e. A limited liability company, the company shall state its complete name, the date of filing of the articles of organization and operating agreement, and the names of all managers and members.

2. The legal name under which the public entertainment business is to be conducted;

3. The complete street address and all telephone numbers of the proposed public entertainment business;

4. Proof of the applicant's right to possess the premises where the public entertainment business is proposed to be conducted and proof that conducting a public entertainment business from the premises does not violate the terms of any contract or lease regarding the premises;

5. The following personal information concerning the applicant, if an individual; and concerning each stockholder, each officer and each director, if the applicant is a closely held corporation; and concerning each partner, including limited partners, having an ownership interest in the business of more than ten percent, if the applicant is a partnership; and concerning each of the managers or other person in charge of the operation of the business:

a. Complete legal name, and any aliases;

b. Date of birth;

c. Current residence address (post office boxes will not be deemed to satisfy this requirement);

d. If the person has resided at the current residence address for less than three years, the previous addresses immediately prior to the present address for the last three years;

e. A copy of a valid government issued photo identification card or valid government issued driver's license;

f. The business history experience, including but not limited to, whether or not the person previously operating in this city or anywhere in the United States under any permit or license issued to an entertainment venue or a public drinking establishment, has had such a permit or license denied, revoked or suspended and the reasons therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation;

g. All criminal convictions for any offense listed in Section 6.60.370, the jurisdiction in which the conviction occurred, and the circumstances thereof;

h. One set of fingerprints in a form provided by the department.

6. Proof of payment of any applicable business tax for the public entertainment business which is due to the city pursuant to Chapter 4.76 of the code;

7. A copy of all permits, licenses or other authorization required by the city or any other federal, state or local agency for the premises and for the operation of the public entertainment business, including but not limited to any and all permits, licenses and authorizations required by the California Department of Alcoholic Beverage Control, the county department of health, the city's department of planning, building and code enforcement, and the fire marshal;

8. The name, telephone number and address of the person authorized to accept service of process on behalf of the public entertainment business and all its owners;

9. The complete legal name of all persons who will serve as managers for the public entertainment business;

10. Authorization for the chief of police to seek other information that the chief of police considers necessary for a complete investigation and to conduct an investigation into the truth of the statements set forth in the application, including, but not limited to, a criminal history investigation with the California department of justice and other law enforcement agencies;

11. A dated statement signed by the applicant, or the person authorized to represent and legally bind the applicant, certifying under penalty of perjury that the information provided by the applicant is true and correct.

B. An application shall not be deemed complete until all the information required in Subsection A. has been provided to the chief of police and the required fees and any applicable business tax required pursuant to Chapter 4.76 of the code have been paid.

(Ords. 28693, 28840.)

A. Applications for a new entertainment license shall contain or be accompanied by the following:

1. If the applicant is:

a. An individual, the individual shall state his or her legal name and any aliases and shall submit satisfactory proof that he or she is twenty-one years of age.

b. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any.

c. A closely held corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors and of each stockholder, and the name and address of the registered corporate agent for service of process.

d. A corporation, other than a closely held corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the state and date of incorporation, evidence that the corporation is in good standing and is currently authorized to do business in the state of California, the names and capacity of all officers, directors and principal owners, and the name and address of the registered corporate agent for service of process.

e. A limited liability company, the company shall state its complete name, the date of filing of the articles of organization and operating agreement, and the names of all managers and members.

2. The legal name of the public entertainment business the applicant has an ownership interest in or will be managing;

3. The physical address and all telephone numbers of the public entertainment business the applicant has an ownership interest in or will be managing;

4. The following personal information concerning the applicant, if an individual; and concerning each stockholder, each officer and each director, if the applicant is a closely held corporation; and concerning each partner, including limited partners, having an ownership interest in the business of more than ten percent, if the applicant is a partnership:

a. Complete legal name, and any aliases;

b. Date of birth;

c. Current residence address (post office boxes will not be deemed to satisfy this requirement);

d. If the person has resided at the current residence address for less than three years, the previous addresses immediately prior to the present address for the last three years;

e. A copy of a valid government issued photo identification card or valid government issued driver's license;

f. The business history experience, including but not limited to, whether or not the person previously operating in this city or anywhere in the United States under any permit or license issued to an entertainment venue or a public drinking establishment, has had such a permit or license denied, revoked or suspended and the reasons therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation;

g. All criminal convictions for any offense listed in Section 6.60.370, the jurisdiction in which the conviction occurred, and the circumstances thereof;

h. One set of fingerprints in a form provided by the San José Police Department.

5. Authorization for the chief of police to seek other information that the chief of police considers necessary for a complete investigation and to conduct an investigation into the truth of the statements set forth in the application, including, but not limited to, a criminal history investigation with the California Department of Justice and other law enforcement agencies; and

6. A dated statement signed by the applicant, or the person authorized to represent and legally bind the applicant, certifying under penalty of perjury that the information provided by the applicant is true and correct.

B. An application shall not be deemed complete until all the information required in Subsection A. has been provided to the chief of police and the required fees have been paid.

(Ord. 28840.)

A. Every person shall keep any entertainment permit or entertainment license issued pursuant to this chapter exhibited prominently in a conspicuous public place on the premises named in the entertainment permit or entertainment license while engaged in the subject business.

B. Any entertainment permit or entertainment license issued pursuant to this chapter shall be kept in a readily accessible place and shown to any city official responsible for enforcing the provisions of this code upon request.

(Ords. 28693, 28840.)

A. Upon receiving a completed application for an entertainment permit or entertainment license, the chief of police shall investigate the information required in Section 6.60.345.

B. The chief of police shall also coordinate the investigation of the premises for the purpose of assuring that the premises complies with the requirements of this chapter and applicable public health, safety, welfare and zoning laws set forth in this code and in federal, state and local laws.

C. The chief of police shall make a determination to approve or deny the application within forty-five days after the applicant has submitted a complete application.

(Ords. 28693, 28840.)

The chief of police shall conduct a criminal background investigation on any person applying for an entertainment permit or entertainment license under this chapter.

(Ords. 28693, 28840.)

An application for an entertainment permit or entertainment license shall be denied, and an entertainment permit or entertainment license issued pursuant to this title may be suspended or revoked by the chief of police upon any of the following grounds:

A. Conviction of the applicant, permittee or licensee, within the last five years, of any misdemeanor under the California Penal Code involving the following:

1. The use of violence, force, fear, fraud or deception;

2. Lewd or lascivious acts;

3. Prostitution;

4. The use of money to engage in criminal activity;

5. The employing or paying of any person upon the premises where alcoholic beverages are sold to procure or encourage the purchase or sale of alcoholic beverages;

6. The sale of distilled spirits in any package which has been refilled or partly refilled; or

7. The maintenance of a disorderly premises.

B. Conviction of the applicant, permittee or licensee, within the last ten years, of any felony under the California Penal Code involving the following:

1. The use of violence, force, fear, duress, menace, fraud or deception;

2. Pimping or pandering;

3. Lewd or lascivious acts;

4. The use of money to engage in criminal activity; or

5. The unlawful possession, sale, distribution or transportation of a controlled substance.

C. Knowingly making a false statement of fact or omitting a fact required to be revealed in an application for the entertainment permit or entertainment license, or in any amendment or report or other information required to be made thereunder;

D. The premises in which the permitted or licensed activity will occur is in violation of any building, zoning, health, safety, fire, police or other provision of this code or of county, state or federal law which substantially affects the public health, welfare or safety;

E. Violation of the terms and conditions of the entertainment permit or entertainment license or other requirements of this chapter within the past five years;

F. The applicant, licensee or permittee has owned or leased a premises that has been the subject of an administrative, civil or criminal nuisance abatement action and court judgment or administrative determination finding the premises to be a nuisance within the past five years;

G. Employment or otherwise contracting for the services of a manager whose application for an entertainment license has been denied, or whose entertainment license has been suspended or revoked;

H. The holding of any ownership interest of more than ten percent of a business, other than a publicly traded corporation, by any person whom the chief of police has not approved through any applicable entertainment license application procedure;

I. Failure to pay any disturbance response fee imposed pursuant to Section 6.02.310;

J. A prior permit or license application to operate or manage an entertainment venue or public drinking establishment in the city or anywhere in the United States has been denied by the city or any federal, state, or local agency on one or more of the grounds provided in this section within five years prior to the date of the current application;

K. A permit or license issued by the city or any federal, state, or local agency to operate or manage an entertainment venue or public drinking establishment anywhere in the United States has been revoked or suspended within the past five years;

L. The applicant, licensee or permittee has conducted the public entertainment 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 feet of the premises;

M. If the applicant is a corporation, the corporation is not in good standing in the state of California or is not authorized to do business in the state of California;

N. Conducting a public entertainment business, or allowing or offering public entertainment at the premises for which the entertainment permit or entertainment license is sought, is prohibited under the terms of any contract or lease for that premises.

(Ords. 28693, 28840.)

Each entertainment permit issued under this chapter and each entertainment license issued to an owner under this chapter shall be subject to review two years into the term of such permit or license as follows:

A. No later than sixty calendar days prior to the two-year anniversary date of each entertainment permit or entertainment license issued to an owner, the permittee or licensee shall contact the chief of police to schedule a two-year review of the entertainment permit or entertainment license.

B. Prior to the review, the permittee shall provide the chief of police with copies of current and valid permits, licenses and authorizations required by the city or any other federal, state or local agency for the premises and for the public entertainment business.

C. Prior to the review, the owner licensee shall pay the fee for and obtain a new public entertainment ID card as required by Section 6.60.070.

D. For purposes of the permittee, if the required documents have been provided to the chief of police, the entertainment permit will continue to be valid through the expiration date noted on the entertainment permit.

E. For purposes of the owner licensee, if the fees for the public entertainment ID card have been paid and a new public entertainment ID card has been obtained, the entertainment license will continue to be valid through the expiration date noted on the entertainment license.

F. If the permittee or licensee has not complied with the requirements set forth in this section, the chief of police may take such action as the chief deems necessary to implement the intent of this chapter, including but not limited to suspension and revocation of the entertainment permit or entertainment license.

(Ord. 28840.)

A. An application to renew an entertainment permit or an entertainment license issued to an owner or a manager shall be filed with the chief of police as follows:

1. The application to renew must be filed on the form provided by the chief of police;

2. The application to renew must be filed no later than sixty days prior to the expiration date of the current entertainment permit or entertainment license; and

3. The application shall contain or be accompanied by the following:

a. A statement by the applicant detailing any changes in the information and documents required under this chapter for the initial entertainment permit or entertainment license application, including but not limited to:

i. Any change in the permittee's or licensee's legal name, residence, phone number or other contact information;

ii. Any change in management for the public entertainment business;

iii. Modifications to permits, licenses or other authorizations required by any other federal, state or local agency or by the city for the premises and for the public entertainment business;

iv. Changes in the applicant's criminal history; and

v. Changes in the applicant's government issued photo identification card or government issued driver's license.

b. If the renewal application seeks to renew an entertainment permit, the applicant shall submit copies of current and valid permits, licenses or other authorizations required by any other federal, state or local agency or by this chapter for the premises and for the public entertainment business;

c. Authorization for the chief of police to seek other information that the chief of police considers necessary for a complete investigation and to conduct an investigation into the truth of the statements set forth in the application to renew, including, but not limited to, a criminal history investigation with the California Department of Justice and other law enforcement agencies;

d. A dated statement signed by the applicant, or the person authorized to represent and legally bind the applicant, certifying under penalty of perjury that the information provided by the applicant is true and correct.

B. An application to renew shall not be deemed complete until all the information required in Subsection A. has been provided to the chief of police and the required fees and any applicable business tax required pursuant to Chapter 4.76 of the Code have been paid.

C. If such application to renew an entertainment permit or entertainment license is not filed, or the renewal fees are not paid, prior to the expiration date of the current entertainment permit or entertainment license, the entertainment permit or entertainment license shall be deemed to have expired on the date of expiration noted on the entertainment permit or entertainment license and the permittee or licensee shall be required to complete an application for a new entertainment permit or entertainment license pursuant to Section 6.60.345 or 6.60.346 and pay the fees associated with the filing of an application for a new entertainment permit or entertainment license.

(Ords. 28693, 28840.)

Any person who fails for more than thirty calendar days after the expiration of any entertainment permit or entertainment license issued to apply for a new entertainment permit or entertainment license and who continues to operate or manage the public entertainment business with which the person's entertainment permit or entertainment license is associated shall pay to the city a penalty of ten percent of the amount of the entertainment permit or entertainment license fee. Such penalty shall be paid at the time the person applies for a new entertainment permit or entertainment license.

(Ords. 28693, 28840.)

A. Upon receiving a completed application to renew, the chief of police shall investigate the information required in Section 6.60.375.

B. The chief of police shall also coordinate the investigation of the premises for the purpose of assuring that the premises complies with the requirements of this chapter and applicable public health, safety, welfare and zoning laws set forth in this Code and in federal, state and local laws.

C. The chief of police shall make a determination to approve or deny the application to renew an entertainment permit or entertainment license within forty-five days after the applicant has submitted a complete application.

D. Any entertainment permit or entertainment license issued to an owner and approved by the chief of police for renewal shall be subject to the provisions of Section 6.60.371.

(Ord. 28840.)

The chief of police shall conduct a criminal background investigation on any person applying to renew an entertainment permit or entertainment license under this chapter.

(Ord. 28840.)

An application to renew an entertainment permit or entertainment license shall be denied by the chief of police upon any of the following grounds:

A. Conviction of the applicant within the last five years, of any misdemeanor under the California Penal Code involving the following:

1. The use of violence, force, fear, fraud or deception;

2. Lewd or lascivious acts;

3. Prostitution;

4. The use of money to engage in criminal activity;

5. The employing or paying of any person upon the premises where alcoholic beverages are sold to procure or encourage the purchase or sale of alcoholic beverages;

6. The sale of distilled spirits in any package which has been refilled or partly refilled; or

7. The maintenance of a disorderly premises.

B. Conviction of the applicant within the last ten years, of any felony under the California Penal Code involving the following:

1. The use of violence, force, fear, duress, menace, fraud or deception;

2. Pimping or pandering;

3. Lewd or lascivious acts;

4. The use of money to engage in criminal activity; or

5. The unlawful possession, sale, distribution or transportation of a controlled substance.

C. Knowingly making a false statement of fact or omitting a fact required to be revealed in an application to renew an entertainment permit or entertainment license, or in any amendment or report or other information required to be made thereunder;

D. The premises in which the permitted or licensed activity will occur is in violation of any building, zoning, health, safety, fire, police or other provision of this Code or of county, state or federal law which substantially affects the public health, welfare or safety;

E. Violation of the terms and conditions of the entertainment permit or entertainment license or other requirements of this chapter which have not been corrected;

F. The premises or the public entertainment business has been the subject of an administrative, civil or criminal nuisance abatement action and court judgment or administrative determination finding the premises or the public entertainment business to be a nuisance within the past five years;

G. Employment or otherwise contracting for the services of a manager whose application for an entertainment license has been denied or revoked, or whose entertainment license has been suspended and the violations leading to the suspension have not been corrected;

H. The holding of any ownership interest of more than ten percent of a public entertainment business, other than a publicly traded corporation, by any person whom the chief of police has not approved through any applicable entertainment license application procedure;

I. Failure to pay any disturbance response fee imposed pursuant to Section 6.02.310;

J. A permit or license issued by the city or any federal, state, or local agency for the premises or for the public entertainment business has been suspended and the suspension has not been lifted or the violations leading to that suspension have not been corrected;

K. A permit or license issued by the city or any federal, state, or local agency for the premises or the public entertainment business has been revoked;

L. The applicant has conducted the public entertainment 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 feet of the premises, and the applicant failed to abate the public nuisance after being requested by the city to do so;

M. If the applicant is a corporation, the corporation is not in good standing in the state of California or authorized to do business in the state of California;

N. Conducting a public entertainment business, or allowing or offering public entertainment at the premises for which the renewal of the entertainment permit or entertainment license is sought, is prohibited under the terms of any contract or lease for that premises.

(Ord. 28840.)

No person shall assign or transfer any entertainment permit or entertainment license issued under this chapter and any attempt to assign or transfer any entertainment permit or entertainment license issued under this chapter shall render the entertainment permit or entertainment license void.

(Ords. 28693, 28840.)

A. A manager may cease employment at one public entertainment business and begin employment with a different public entertainment business without having to apply for a new entertainment license by complying with the following:

1. An application for a change of venue must be filed with the chief of police prior to the expiration of the manager's entertainment license on the form provided by the chief of police;

2. Applications for change of venue shall contain or be accompanied by the following:

a. A copy of the manager's current entertainment license;

b. An affidavit from the prospective public entertainment business employer indicating its intent to hire the applicant as a manager;

c. A copy of the current entertainment permit for the prospective public entertainment business employer;

d. Payment for the issuance of a new public entertainment ID card; and

e. A dated statement signed by the applicant certifying under penalty of perjury that the information provided by the applicant is true and correct.

B. An application for change of venue shall not be deemed complete until all the information required in Subsection A. has been provided to the chief of police and the required fees for change of venue have been paid.

C. Once the application has been accepted by the chief of police as complete, the chief of police shall grant the application for change of venue and issue to the applicant a new entertainment license and a new public entertainment ID card, both reflecting the new public entertainment business information.

D. A change of venue shall in no way modify the term of the manager's current entertainment license.

E. Notwithstanding the issuance of a change of venue, the requirements for Section 6.60.340 pertaining to separate permits and licenses must still be satisfied.

(Ord. 28840.)