San Mateo Municipal Code Art. 2 Applications and Permits

(a) Every person who proposes to maintain, operate or conduct an entertainment business in the City of San Mateo shall file an application with the Police Chief upon a form provided by the City of San Mateo and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable.

(b) Entertainment permits are nontransferable. Therefore, all applications shall include the following information:

(1) If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age.

(2) If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

(3) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.

(c) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten (10) percent or greater interest in the business entity shall sign the application.

(d) If the applicant intends to operate the entertainment business under a name other than that of the applicant, the applicant shall file the fictitious name of the entertainment business and show proof of registration of the fictitious name.

(e) The application shall contain a description of the type of entertainment business for which the permit is requested and the proposed address where the entertainment business will operate, plus the names and addresses of the owners and lessors of the entertainment business site.

(f) The application shall include the address to which notice of action on the application is to be mailed.

(g) The application shall include a sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the entertainment business.

(1) If the entertainment business proposes to offer private room entertainment, the sketch or diagram shall demonstrate compliance with the requirements of Section 5.43.150(i). The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.

(2) If the entertainment business proposes to offer private booth entertainment, the sketch or diagram shall demonstrate compliance with the requirements of Section 5.43.150(k). The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.

(h) The application shall include a description of the lighting to be provided in the entertainment business and a site plan depicting private parking areas and the lighting of those areas.

(i) The application shall disclose whether the applicant has in the past been issued an entertainment permit by the City of San Mateo, or by any other jurisdiction, and if so, shall disclose the issuing agency, the dates during which the permit was valid. In addition, the applicant shall disclose whether the applicant has ever had an entertainment permit, or similar authorization revoked or voluntarily surrendered because of the violation of permit conditions.

(j) The entertainment authorized by an entertainment permit shall be limited to the type and location of entertainment specified in the permit application. The permittee shall not offer entertainment not described in the permit application, nor shall the permittee alter the physical layout of the entertainment business as described in the application without first submitting a revised application. Revised applications shall be processed in the manner provided in this Article for original entertainment permit applications.

(k) The application shall describe the type of uniforms to be worn by security personnel, if applicable.

(a) Upon receipt of a completed application and payment of the application and permit fees, the Police Chief shall promptly investigate the information contained in the application to determine whether the applicant shall be issued an entertainment permit.

(b) Within fifteen (15) business days of receipt of the completed application, the Police Chief shall complete the investigation, grant or deny the application in accordance with the provisions of this Section, and so notify the applicant as follows:

(1) The Police Chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

(2) If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the Police Chief shall attach to the application an entertainment permit.

(4) If the application is granted or denied and the permit, if any, shall be placed in the Unites States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

(c) The Police Chief shall grant the application and issue the entertainment permit upon findings that the applicant has met all of the development and performance standards and requirements of Article 3 of this chapter, unless the application is denied for one or more of the reasons set forth in Section 5.43.070. The permittee shall post the permit conspicuously in the entertainment business premises.

(d) If the Police Chief grants the application or if the Police Chief neither grants nor denies the application within fifteen (15) business days after it is stamped as received, the applicant may begin operating the entertainment business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of Article 3 of this chapter. If the applicant begins operating the entertainment business because the Police Chief has not granted or denied the application within fifteen business days, the Police Chief may issue the permit after the fifteen day period has elapsed, and the permit shall be subject to suspension or revocation under the provisions of section 5.43.120. Each entertainment permit shall expire one (1) year from the date of issuance, and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the permit. When made less than thirty (30) days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits.

The Police Chief shall deny the application for any of the following reasons:

(a) The building, structure, equipment, or location used by the business for which an entertainment permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the State of California, or with the development and performance standards and requirements of the regulations contained in this chapter.

(b) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an entertainment permit.

(c) An applicant is under eighteen (18) years of age.

(d) The required application fee has not been paid.

(e) Within the last five years, the applicant, his or her employee, agent, partner, director, officer, shareholder or manager has either had an entertainment permit issued by the City of San Mateo or any other jurisdiction revoked, or has engaged in conduct that would provide grounds for revocation of such a permit under section 5.43.120 of this chapter.

(f) The applicant has failed to provide a complete application. If an application is denied on this basis, the Police Chief shall state the information that is needed to make the application complete.

(a) A permittee shall not operate an entertainment business under the authority of an entertainment permit at any place other than the address of the entertainment business stated in the application for the permit.

(b) A permittee shall not transfer ownership or control of an entertainment business or transfer an entertainment permit to another person.

(c) Any attempt to transfer a permit either directly or indirectly in violation of this Section is hereby declared void, and the permit shall be deemed revoked.

(a) Every person who owns, leases, or is otherwise in lawful possession of property and who proposes to permit or allow another person to arrange for and provide entertainment on such property in the City of San Mateo, shall file an application for an entertainment permit under the provisions of 5.43.050 (unless such person has already obtained an entertainment permit) and in addition, shall file an application with the Police Chief for a single event entertainment permit. The applicant for a single event entertainment permit shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable.

(b) The single event entertainment permit application shall include the following information:

(1) If the person who will arrange and provide entertainment is an individual, the applicant shall state their legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age.

(2) If the person who will arrange and provide entertainment is a partnership, the applicant shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

(3) If the person who will arrange and provide entertainment is a corporation, the applicant shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.

(4) The application shall contain a description of the type of entertainment for which the permit is requested and the proposed address where the entertainment will be provided, plus the names and addresses of the owners and lessors of the property.

(5) The application shall include the address to which notice of action on the application is to be mailed.

(6) The application shall disclose whether the person who will arrange and provide entertainment has in the past been issued an entertainment permit by the City of San Mateo, or by any other jurisdiction, and if so, shall disclose the issuing agency, the dates during which the permit was valid. In addition, the applicant shall disclose whether the person who will arrange and provide entertainment has ever had an entertainment permit, or similar authorization revoked or voluntarily surrendered because of the violation of permit conditions.

(c) The entertainment authorized by a single event entertainment permit shall be limited to the type and location of entertainment specified in the permit application. The permittee shall not permit or allow entertainment not described in the permit application to be provided.

(a) Upon receipt of a completed application and payment of the application and permit fees, the Police Chief shall promptly investigate the information contained in the application to determine whether the applicant shall be issued a single event entertainment permit.

(b) Within fifteen (15) business days of receipt of the completed application, the Police Chief shall complete the investigation, grant or deny the application in accordance with the provisions of this Section, and so notify the applicant as follows:

(1) The Police Chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

(2) If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the Police Chief shall attach to the application an entertainment permit.

(4) If the application is granted or denied and the permit, if any, shall be placed in the Unites States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

(c) The Police Chief shall grant the application and issue the single event entertainment permit upon findings that the applicant has obtained an entertainment permit and met all of the development and performance standards and requirements of Article 3 of this chapter, unless the application is denied for one or more of the reasons set forth in Section 5.43.070. The permittee shall post the permit conspicuously in the entertainment business premises on the date of the single event.

(d) If the Police Chief grants the application or if the Police Chief neither grants nor denies the application within fifteen (15) business days after it is stamped as received, the applicant may conduct the single event for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of Article 3 of this chapter.

The Police Chief shall deny the application for any of the following reasons:

(a) The applicant has not obtained an entertainment permit.

(b) The building, structure, equipment, or location proposed for the single event does not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the State of California, or with the development and performance standards and requirements of the regulations contained in this chapter.

(c) The applicant, or person who shall arrange and provide entertainment, their employees, agents, partners, directors, officers, shareholders or managers have knowingly made any false, misleading or fraudulent statement of material fact in the application for a single event entertainment permit.

(d) An applicant, or person who shall arrange and provide entertainment, is under eighteen (18) years of age.

(e) The required application fee has not been paid.

(f) Within the last five years, the applicant, or person who shall arrange and provide entertainment, their employees, agents, partners, directors, officers, shareholders or managers have either had an entertainment permit issued by the City of San Mateo or any other jurisdiction revoked, or have engaged in conduct that would provide grounds for revocation of such a permit under section 5.43.120 of this chapter.

(g) The applicant has failed to provide a complete application. If an application is denied on this basis, the Police Chief shall state the information that is needed to make the application complete.

An entertainment permit or single event entertainment permit may be suspended or revoked in accordance with the procedures and standards of this Section.

(a) On determining that grounds for permit revocation exist, the Police Chief shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten (10) days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the Police Chief, but at a minimum shall include the following:

(1) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness. The Police Chief's decision may be appealed in accordance with Section 5.43.140.

(b) A permittee may be subject to suspension or revocation of their permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an entertainment business:

(1) The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.

(2) The permittee, employee, agent, partner, director, stockholder, or manager of an entertainment business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the entertainment business, or in the case of a Single Event Entertainment Permit, the permittee, employee, agent, partner, director, stockholder, or manager has knowingly allowed or permitted and has failed to make a reasonable effort to prevent the occurrence of any of the following at the single entertainment event:

(A) Any conduct prohibited by this chapter; or

(B) An unruly gathering as that term is defined in Chapter 7.22 of this Code.

(3) Failure to abide by a disciplinary action previously imposed by an appropriate City official.

(4) Failure to comply with all applicable state and local law in the operation of the entertainment business.

(c) If the entertainment business for which the Permit has been issued is an adult cabaret, a permittee may be subject to suspension or revocation of his or her permit, or be subject to other appropriate disciplinary action, if the permittee, employee, agent, partner, director, stockholder, or manager of an entertainment business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the entertainment business:

(A) Any act of unlawful sexual intercourse, sodomy, oral copulation or masturbation.

(B) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.

(C) Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.

(D) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316 or 318, or Subdivision b of Section 647 of the California Penal Code.

(d) After holding the hearing in accordance with the provisions of this Section, if the Police Chief finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Police Chief shall impose one of the following:

(1) A warning;

(2) Suspension of the permit for a specified period not to exceed six months;

(3) Revocation of the permit.

The Police Chief may suspend an entertainment permit pending a hearing on the suspension or revocation of the permit if the Police Chief finds that there is an impending and significant threat to the public health or safety arising out of the use of the entertainment permit. No emergency suspension shall remain in effect for more than 15 calendar days, unless the permittee agrees to a longer term.

An applicant who wishes to appeal the decision of the Police Chief regarding an application or an action to suspend or revoke a Permit may do so under the following hearing procedures:

(a) An appeal of the Police Chief's decision on a permit application or from the Police Chief's decision after a permit revocation or suspension hearing, may be made by filing a written request for appeal with the City Clerk's office within ten (10) calendar days of the date the decision was mailed. If no appeal is filed within this time period, then the decision of the Police Chief shall become final and the applicant shall be deemed to have waived all rights to appeal or other review. All requests for appeal shall include a statement of the basis for the appeal and the errors claimed to have occurred.

(b) The City Manager or their designee shall schedule a hearing on the appeal for not less than ten (10) calendar days or greater than twenty (20) calendar days from the date of mailing notice to the applicant of the time and place of the appeal hearing. The notice of hearing shall be sent by first class mail to the applicant within ten (10) days of filing a timely notice of appeal.

(c) The City Manager or their designee shall review the written record and allow testimony to be given. The City Manager or designee shall also allow oral argument. After all verbal testimony has been reviewed, the City Manager or designee shall render a written decision within ten (10) working days from the date the matter is submitted for decision. The action of the City Manager or designee shall be final and conclusive, subject only to applicable court review.

(d) If the Police Chief's decision is affirmed on appeal, the applicant or permittee may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.5 or 1094.8 (if that Section is applicable). The City shall make all reasonable efforts to expedite judicial review, if sought by the permittee.