San Jose Municipal Code Part 1 General Provisions

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 24629.)

"Entertainment license" means that public entertainment ownership/management license required by Section 6.60.060 of this Code.

(Ord. 28840.)

"Entertainment permit" means that public entertainment business permit required by Section 6.60.040 of this Code.

(Ord. 28840.)

"Licensee" means and includes the holder of an entertainment license and any persons required to have an entertainment license under this chapter, whether or not such persons are actually so licensed.

(Ord. 28840.)

"Manager" means any person performing the type of duties generally performed by a general manager or supervisor, an assistant manager or supervisor, or a security manager or supervisor, including, but not limited to the following: supervising employees or agents of the permittee; making business decisions about the permittee's public entertainment business, including but not limited to hiring, disciplining or firing employees, and contracting with agents or other persons; making decisions regarding the resolution of significant operational issues that arise during the permittee's hours of operation; making final decisions about the scheduling of the permittee's employees or agents; having primary responsibility for the opening or closing of the permittee's public entertainment business; and, being a person to whom permittee's employees and agents direct any city official responsible for enforcing the provisions of this Code for responses to directives, questions or requests for information.

(Ords. 28693, 28840.)

"Patron" means any person present at the public entertainment business, whether such person is a paying customer or guest. "Patron" does not include owners or employees of the public entertainment business.

(Ord. 28840.)

"Permittee" means and includes the holder of an entertainment permit and any persons required to be permitted under this chapter, whether or not such persons are actually so permitted.

(Ords. 24629, 28840.)

"Person" shall have the definition given in Section 1.04.020 of the Code.

(Ord. 28840.)

"Premises" means the location of the public entertainment business.

(Ords. 28693, 28840.)

"Public entertainment" means any of the following activities:

A. Dancing;

B. Singing;

C. Audience participation in the entertainment; or

D. Live entertainment.

(Ord. 28840.)

A. "Public entertainment business" means a business open to the public where alcohol is sold on the premises, the premises has a maximum occupant load that exceeds one hundred persons, as determined by the fire marshal of the San José fire department, and where one or more public entertainment activities are also provided or allowed.

B. "Public entertainment business" shall not include taverns, bars, lounges, cocktail lounges and other drinking establishments where electronically reproduced music emanating from a loudspeaker system is provided for the listening pleasure of patrons, so long as no other public entertainment is provided or allowed.

(Ords. 24629, 28693, 28840.)

"Security personnel" means any person(s) who perform(s) security related tasks on behalf of the permittee or licensee, including, but not limited to: removing problem patrons from the premises, removing illegal contraband from patrons at the premises, checking identifications of patrons to ensure minimum age compliance with local and state laws, and escorting patrons from the premises.

(Ords. 28693, 28840.)

It shall be unlawful for a person to maintain, manage, operate, conduct, control or own a public entertainment business unless the public entertainment business is maintained and operated in strict compliance with a valid public entertainment permit.

(Ords. 24629, 28693, 28840.)

A public entertainment business permit shall not be required for persons conducting, managing or operating a place of public entertainment which is conducted in accordance with any of the following criteria:

A. On outdoor public property owned or controlled by the city;

B. In city owned or controlled facilities, including, but not limited to, the Convention Center, the Center for Performing Arts, the Montgomery Theater, the Civic Auditorium Complex, the Arena, and city park facilities;

C. As an incident to the operation of a bona fide public eating establishment as defined under and in accordance with Title 20 of this code;

D. As an incident to the operation of a hotel or motel under the conditions specified in Title 20 of this code.

(Ord. 24629.)

A. It shall be unlawful for any person to work as a manager or have an ownership interest in a public entertainment business without having first obtained an entertainment license from the chief of police.

B. It shall be unlawful for a public entertainment business to allow any person to work as a manager or have an ownership interest in the public entertainment business without such person first having obtained an entertainment license from the chief of police.

C. An entertainment permit issued to a public entertainment business may also serve as the entertainment license for the person who is authorized by the public entertainment business to apply for an entertainment permit on behalf of the public entertainment business, has applied for the entertainment permit on behalf of the public entertainment business, and is required by this chapter to obtain an entertainment license.

D. Notwithstanding Subsections A and B above, if a Public Entertainment Business meets all the requirements under Section 6.60.240.B, only one owner of the Public Entertainment Business and the person that shall be the lead on-site manager when public entertainment is occurring shall be required to obtain an entertainment license from the chief of police.

(Ords. 24629, 28693, 28840, 30127.)

A. Upon the issuance of an entertainment license to an owner or a manager, the chief of police shall also issue a public entertainment identification ("ID") card to the owner or manager, containing whatever information submitted by the owner or manager pursuant to Sections 6.60.345 and 6.60.346 as the chief of police may deem necessary for the proper identification of the owner, manager and the public entertainment business with which the owner or manager is associated.

B. Each owner and manager of a public entertainment business shall, at all times while on the premises, carry on his or her person a public entertainment ID card issued by the chief of police pursuant to this section.

C. The public entertainment ID card shall be updated every two years, at the earlier of either the two-year review of the owner's entertainment license, as provided for in Section 6.60.371, or at the renewal of the entertainment license for the owner or the manager, as provided for in Section 6.60.375.

(Ord. 28840.)