San Marcos Municipal Code Ch. 5.10 Entertainment License

Entertainment as used in this chapter is defined to mean any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted or participated in by a professional entertainer in or upon any premises to which the public is admitted. Entertainment also includes a fashion or style show, except when conducted by a bona fide nonprofit club or organization, and when conducted solely as a fund raising activity for charitable purposes. The term professional entertainer as used herein means a person or persons who engage for livelihood or gain in the presentation of entertainment.

Entertainment as used herein does not include:

(a)

Mechanical music alone;

(b)

Instrumental music alone, except between the hours of 2:00 a.m. and 6:30 a.m. when the provisions of Section 21.282.4 shall apply; or

(c)

Dancing participated in only by customers; however, this subsection does not exempt exhibition dancing by a person receiving compensation for such exhibition dancing.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Entertainment also includes the act of any person, while visible to any customer, exposing any portion of specified anatomical areas which are defined as follows: (1) Less than completely and opaquely covered: (a) human genitals or pubic region; (b) buttock and (c) female breast below a point immediately above the top of the areola; or (2) human male genitals in a discernible turgid state, even if completely and opaquely covered.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Informal entertainment as used in this chapter is defined to mean any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted or participated in by any non-professional person or persons in or upon any premises to which the public is admitted.

(Ord. No. 2017-1451, § 2, 10-24-2017)

(a)

No person shall conduct, permit, or assist in the conducting or the permitting of any entertainment as defined in Section 5.10.010 to be shown, staged, exhibited, or produced in any premises to which the public is admitted unless and until a written Class I entertainment license has been obtained from the Development Services Director.

(b)

No person shall conduct, permit, or assist in conducting or permitting any entertainment as defined in Section 5.10.020 to be shown, staged, exhibited, or produced in or upon any premises to which the public is admitted unless and until a written Class II entertainment license has been obtained from the Development Services Director.

(c)

No person shall conduct, permit, or assist in conducting or permitting any entertainment as defined in Section 5.10.030 to be shown, staged, exhibited, or produced in or upon any premises to which the public is admitted unless and until a written Class III entertainment license has been obtained from the Development Services Director.

(Ord. No. 2017-1451, § 2, 10-24-2017)

The annual fee for a Class I entertainment license shall be $98.00 for the first year, and $64.00 for each annual renewal.

(Ord. 88-785, 5-24-88; Ord. No. 2017-1451, § 2, 10-24-2017)

The annual fee for a Class II entertainment license shall be $123.00 for the first year and $80.00 for each annual renewal. When the fees for a Class II entertainment license have been paid by an applicant, no additional fee is required for the same applicant for a Class I or Class III entertainment license for the same location covered by the Class II entertainment license.

(Ord. 783, 5-24-88; Ord. No. 2017-1451, § 2, 10-24-2017)

The annual fee for a Class III entertainment license shall be $98.00 for the first year, and $88.00 for each annual renewal. The annual fee for a Class IV entertainment license shall be $365.00 plus $350.00 per day of operation.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No fee is required for a license for an entertainment at which no alcoholic beverage is sold or consumed where such entertainment is conducted by a bona fide charitable, religious, benevolent, patriotic, or educational organization, or by the United Service Organization. Any determination as to the exempt status of any applicant shall be made by the Development Services Director.

(Ord. No. 2017-1451, § 2, 10-24-2017)

The procedure to follow, except as otherwise herein provided, in obtaining a license is that set forth in the uniform licensing procedure set forth in Chapter 5.04 of this Code.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Recognizing the potential for First Amendment considerations in the entertainment area, the Issuing Officer shall grant an application for a new license within 30 days after filing of a complete application unless one or more of the following findings are made:

(a)

The building, structure, equipment or location of such business or activity does not comply with or fails to meet all of the health, zoning, fire, building or safety requirements or standards of all the laws of the State of California or ordinances of the City of San Marcos applicable to the building, structure, equipment or location of such business operation or activity; or

(b)

The applicant or an agent, employee, or manager of the applicant has knowingly or deliberately made any false, misleading or fraudulent statement of a material fact in the application or in any report or record required to be filed or kept under the provisions of the San Marcos Municipal Code.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Whenever, after a hearing notice of which must be given ten days prior thereto, it shall be determined that noise from any establishment licensed under this chapter interferes with the right of persons dwelling in the vicinity of such establishment to the peaceful and quiet use and enjoyment of their property, the City Council may require that the premises be soundproofed in a manner that in the judgment of the City Council will be effective to eliminate the noise or reduce it to a reasonable level. In taking any action under this section, the City Council must balance all of the interests of the respective parties, as well as the hardship which will result from any order. If the City Council finds that the noise complained of is of a minimum or inconsequential degree, no action shall be taken under this section. If a licensee fails, within a reasonable time and after having been ordered to do so pursuant to this section, to take such steps as were ordered to abate any noise, his license shall be suspended after a second hearing, ten days' notice of which must be given, until such time as he complies with the order.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No entertainment other than mechanical music of any sort may be conducted in an establishment licensed pursuant to this chapter between the hours of 2:00 a.m. and 6:30 a.m.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No establishment licensed pursuant to this chapter may allow the premises to be used for the purpose of conducting a private club between the hours of 2:00 a.m. and 6:30 a.m.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No person under 21 years of age shall enter, be, or remain in or on any premises on or in which any "topless" entertainment, as defined in Section 5.10.020, is presented. A licensee shall not permit such a person to enter, be or remain in or on any such premises.

(Ord. No. 2017-1451, § 2, 10-24-2017)

It shall be unlawful for any person who is intoxicated or under the influence of any drug to appear in or be in any establishment licensed pursuant to this chapter. A person who conducts or assists in conducting any such establishment shall not permit any intoxicated person or person who is under the influence of any drug to appear, be, or remain at such place.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No entertainment shall be permitted in any establishment where a license is required which does not provide unlocked doors with free and easy egress while patrons are in the establishment.

(Ord. No. 2017-1451, § 2, 10-24-2017)

There shall be no entertainment of any kind where an entertainment license is required which is visible at any time from the street, sidewalk or highway.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No entertainment may be conducted in establishments where a license is required where employees solicit or accept drinks of alcoholic beverages from customers.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No entertainment may be conducted in any establishment where a license is required in which gambling in any form is permitted or tolerated, or in which there is kept any machine or machines or other device designed or commonly used for the purpose of gambling in any form.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No entertainment may be conducted in any establishment where a license is required at which solicitation of trade is made at or near the entrance, either by personal solicitation or otherwise, by means of any device whereby the voice of the person soliciting can be heard at or near such entrance.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Every establishment licensed pursuant to this chapter shall be lighted throughout to an intensity of not less than three foot candles during all hours of operation except while the floor show is in progress.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Every person operating an establishment licensed pursuant to this chapter, who owns, operates, or controls any parking lot adjacent to such establishment and used in connection therewith, shall adequately and uniformly light such parking lot to an intensity of not less than two foot candles.

(Ord. No. 2017-1451, § 2, 10-24-2017)

At every establishment licensed pursuant to this chapter having a capacity of not less than 200 persons, not less than one employee for the first 200 persons, and one additional employee for each additional 100 persons who could be accommodated, whether actually present or not, shall be constantly in attendance during the entire time that any entertainment is in progress, and shall devote their entire time and attention to the keeping of order, the checking of the admission of minors, and seeing to it that all provisions of this chapter are complied with. Law enforcement may require such additional employees or guards on an individual basis as law enforcement deems in the public interest.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No professional entertainer or employee may dance, unnecessarily converse, or associate with any customer during any entertainment period, and not at all except in a formal manner, provided, however, that a regularly scheduled audience participation type of entertainment may be presented during the time stated and in the manner described in an advertisement posted at the premises and appearing in a regularly printed program. Provided, further, that a copy of said advertisement shall be received by the Development Services Director 24 hours prior to the conducting of said audience participation entertainment. This section shall not apply to establishments having a Class III entertainment license.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Law enforcement shall inspect any and all establishments licensed pursuant to this chapter.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Law enforcement shall be permitted by every licensee to enter free of charge any establishment licensed pursuant to this chapter for the purpose of inspection.

(Ord. No. 2017-1451, § 2, 10-24-2017)

The provisions of Sections 5.10.280 through 5.10.310, inclusive, shall apply only to those establishments required to have a Class II entertainment license.

(Ord. No. 2017-1451, § 2, 10-24-2017)

In addition to the grounds for the suspension or revocation of a license set forth elsewhere in this chapter, the provisions of Section 24200 of the Business and Professions Code of California are hereby made applicable to licenses under this chapter.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No sign or signs which in whole or in part advertise any "topless" entertainment, and exceed in area 720 square inches shall be maintained, erected, used, or placed upon, on, or adjacent to the outside of any building and in connection with any premises therein licensed pursuant to this chapter.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No sign or signs which in whole or in part depict the human form or any portion or portions thereof, whether clothed or unclothed, shall be maintained erected, used, or placed upon or adjacent to the outside of any building or in connection with any premises therein licensed pursuant to this chapter.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No sign or signs which in whole or in part advertise any "topless" entertainment, using the word "girls" or words of like or similar import, except the words "topless entertainment" shall be maintained, erected, used, or placed upon or adjacent to the outside of any building or in connection with any premises therein licensed pursuant to this chapter.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Every establishment licensed pursuant to Section 5.10.020 of this chapter shall place at or near the entrance to the licensed establishment a sign of not more than 225 square inches and less than 144 square inches upon which is written: "Warning. This

establishment offers "topless entertainment. If you would be offended, do not enter." Such sign shall be illuminated to an intensity of not less than ten foot candles, and shall be clearly visible to any person entering the licensed establishment before such person enters the area where entertainment is conducted.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No person shall enter, be, or remain in any establishment licensed pursuant to this chapter or required to be licensed pursuant to this chapter, except when attired in such a manner that the pubic area, private parts and the crease of the buttocks are completely covered and are not visible to the human eye.

(Ord. No. 2017-1451, § 2, 10-24-2017)

All establishments licensed or required to be licensed under this chapter shall have an adult manager on the premises at all times when entertainment is being conducted. Such manager shall be registered with and approved by law enforcement.

No person shall be employed as a manager of an entertainment establishment unless and until such person has appeared in person and has completed the registration form provided by the Development Services Director. Any person applying for registration under this section shall specify:

(a)

Name and residence address;

(b)

Social Security number and driver's license number, if any;

(c)

Whether such person has been convicted within the past five years of any crime except misdemeanor traffic violations. If an applicant has been so convicted, the applicant must state the name of the person so convicted, the date of said conviction, the specific charge under which the conviction was obtained, and the sentence imposed as a result of such conviction.

Any person applying for registration as a manager shall, in addition to the information required herein, provide the Development Services Director with a recent photograph, and forward to the Federal Bureau of Investigation, Identification Division, for search.

No person shall employ any person as a manager of an entertainment establishment until such person has applied for and received a license as provided herein and until written notification has been received from the Development Services Director that such manager applicant has been duly licensed. The notice of licensing registration shall be maintained by the employer at the place of business and shall be available for inspection at all times.

(Ord. No. 2017-1451, § 2, 10-24-2017)

The annual registration fee for an entertainment manager shall be $30.00.

(Ord. 88-783, 5-24-88; Ord. No. 2017-1451, § 2, 10-24-2017)

No person shall conduct or participate in any entertainment as defined in Section 5.10.020 unless and until such person has registered in person with the Development Services Director and completed the registration form provided by the Development Services Director. Any applicant registering under this section shall specify:

(a)

Name and residence address;

(b)

Social Security number and driver's license number, if any; and

(c)

Whether such applicant has been convicted within the past five years of any crime except misdemeanor traffic violations. If an applicant has been so convicted, the applicant must state the name of the person so convicted, the place and court in which the conviction was obtained, the date of said conviction, the specific charge under which the conviction was obtained and the sentence imposed as a result of such conviction.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Any person registering under Section 5.10.350 shall, in addition to the information required thereby, provide the Development Services Director with a recent photograph, and a complete set of such person's fingerprints. The fingerprints required under this section will be forwarded to the Federal Bureau of Investigation, Identification Division, for search.

(Ord. No. 2017-1451, § 2, 10-24-2017)

No person shall employ any person to participate in or conduct any entertainment as defined in Section 5.10.020 unless and until such person has registered with the Development Services Director as provided in Sections 5.10.350 and 5.10.360, and until written notification has been received from the Development Services Director that such person has been duly registered. The notice of registration shall be maintained by the employer at the place of business, and shall be available for inspection at all times.

(Ord. No. 2017-1451, § 2, 10-24-2017)

The procedure to follow, except as otherwise herein provided, in obtaining registration is that set forth in the uniform licensing procedure, as set forth in Chapter 5.04 of this Code. The Issuing Officer shall grant an application within 30 days after filing unless a finding is made that the applicant has knowingly or deliberately made any false, misleading or fraudulent statement of a material fact in the application or in any report or record required to be filed or kept under the San Marcos Municipal Code.

(Ord. No. 2017-1451, § 2, 10-24-2017)

In any case where a licensee is required to have both a Class II entertainment license and a Class I or Class III entertainment license, the Development Services Director may waive the requirements of Section 5.10.320. Any such waiver must be endorsed upon the license affected thereby.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Any person who on the effective date of this ordinance is conducting, permitting or assisting in conducting or permitting any entertainment as defined in Sections 5.10.010, 5.10.020 and 5.10.030 to be shown, staged, exhibited or produced in any premises to which the public is admitted may continue operation but shall within 60 days from said date make application pursuant to the provisions of this chapter.

(Ord. No. 2017-1451, § 2, 10-24-2017)

Any person violating the provisions of this chapter and of the uniform licensing procedure shall be deemed guilty of an infraction and upon conviction shall be punishable in accordance with the provisions of Section 1.12.010 of this Code.

(Ord. No. 2017-1451, § 2, 10-24-2017)