San Mateo Municipal Code Art. 3 Performance Standards

The following performance standards shall apply to all entertainment businesses and shall be deemed conditions of all entertainment permits, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to this chapter;

(a) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and building regulations and standards adopted by the City of San Mateo.

(b) The premises within which the entertainment business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building and comply with all applicable city noise regulations.

(c) No entertainment shall be permitted in any establishment between the hours of 1:30 a.m. and 10:00 a.m.

(d) The business premises offering entertainment shall be suitably lighted with minimum lighting therein of six-candle power at floor level, except during performances on stages.

(e) All patrons must be out of the building by 2:00 a.m.

(f) Security personnel shall be visible at the primary entrance at closing of the entertainment business and shall remain until patrons are dispersed. Security shall not permit crowds and/or patrons to loiter in the front of or in the immediate vicinity of the entertainment business after closing.

(g) The permittee shall arrange for litter removal from the store front and public sidewalks adjacent to the store front after every closing.

(h) Businesses with entertainment business permits requiring a multi-agency response or riotous situation response or meeting the definition of an "unruly gathering" as specified in Chapter 7.22 may be charged for police services as provided for in Chapter 7.22.

(i) Private Rooms. No entertainment shall be offered, permitted, or allowed to take place within a private room the interior of which is not fully visible by a person standing in at least one place within 10 feet of the primary entrance to the premise in which the entertainment is offered, unless all of the following conditions are met:

(1) Visibility into the private room is provided through the installation in the wall separating the room from a corridor accessible to patrons or the main room of the premises of a 12 square foot window measuring 4 feet in width by 3 feet in height, the lower edge of which shall be installed at a point 4 feet above the floor.

(2) In rooms constructed under valid building permits and existing on the effective date of the ordinance adding this provision, if there is insufficient wall surface separating the private room from the main room or a corridor accessible to patrons to allow installation of a window as provided in subsection 5.43.150 (i)(1), then visibility shall be provide through the installation of a 6 square foot window measuring 2 feet in width by 3 feet in height, the lower edge of which shall be installed at a point 4 feet above the floor.

(3) The window required by subsection 5.43.150 (i)(1) or 5.43.150 (i)(2) shall remain completely clear and unobstructed at all times.

(4) The dimensions of the windows required by subsection 5.43.150 (i)(1) or 5.43.150 (i)(2) are the minimum required, but may be larger.

(5) The private room shall be lit to the point that allows a person on the outside of the room to observe the activity of those in the room at all times the room is occupied.

(6) Doors providing access to private rooms shall not be equipped with locks of any kind.

(7) No private room shall be configured so that the installation of the windows required by subsection 5.43.150 (i)(1) or 5.43.150 (i)(2) will not provide substantially complete visibility into the private room to a person standing outside the room.

(8) Those establishments offering entertainment in private rooms as of the effective date of the ordinance originally adding this requirement shall be modified to comply with the terms of this subsection within 180 days of the effective date of that ordinance.

(j) Security.

(1) Primary Entertainment Use.

(A) For occupancy levels below 100 persons, the permittee shall provide a minimum of two security guards. One security guard will be a front door person responsible for monitoring occupancy and admittance and maintaining a count of persons admitted. The second will monitor exterior areas and will float throughout the interior area to provide a safe environment. When occupancy exceeds 100 persons the permittee shall provide additional guards to adequately control the environment at a ratio of one guard per additional 50 people (or any fraction thereof). The permittee is responsible for providing a safe environment. The security requirements mentioned above are minimum mandatory requirements. The permittee should provide security based on all the circumstances surrounding the entertainment provided.

(B) Management shall designate a front door security presence when open for entertainment. Front door security will check identification to verify age requirements. Management shall educate this person in admission policy and maximum occupancy limit. Further, management shall provide this person with a means to monitor occupancy, screen for weapons, and direct security to prohibit further entry when maximum occupancy is reached. When maximum occupancy exists, management shall advise the remaining people in line that the club has reached its maximum number of occupants and that there will not be any further admittance.

(C) Management is responsible for maintaining an outdoor security presence when a crowd is waiting to gain access to the building. They shall have 1 dedicated security guard, in addition 1 checking IDs at the door, which will be responsible for providing an organized method of maintaining a line that will not block public sidewalks, driveways, or surrounding business doorways. Management shall have the designated outside line security maintain an orderly single file line. Stanchions, ending just prior to the neighboring business, will control the line. Once the line reaches maximum occupancy, the designated security shall advise all remaining patrons that the line is full. He or she must advise remaining patrons that they are to exit the area in an orderly fashion.

(D) Security guards shall wear uniforms and be readily identifiable as private security personnel.

(2) Secondary Entertainment Use

(A) The permittee shall provide a minimum of two persons to monitor occupancy and admittance and exterior, interior and parking areas associated with the use. An additional licensed security guard shall be required when occupancy exceeds 100.

(B) Security personnel shall be readily identifiable as either private security or management personnel.

(3) Arcades. The security standards described in subsections (1) and (2) shall not apply to amusement arcades. The security requirements for amusement arcades are established in Section 5.43.160.

(k) Private Booths. No entertainment shall be offered, permitted, or allowed to take place within a private booth, unless all of the following conditions are met;

(1) Visibility into the private booth is provided through the installation in the door to the booth of a window measuring 1 foot in width by 1.5 feet in height, at a point allowing a person standing outside the door to observe the activities of the person occupying the booth.

(2) The window required by subsection 5.43.150(k)(1) shall remain completely clear and unobstructed at all times.

(3) The dimensions of the window required by subsection 5.43.150(k)(1) is the minimum required, but may be larger.

(4) The private booth shall be lit to the point that allows a person on the outside of the booth to observe the activity of those in the booth at all times the booth is occupied.

(5) Doors providing access to private booths shall not be equipped with locks of any kind.

(6) No private booth shall be configured so that the installation of the windows required by subsection 5.43.150(k)(1) will not provide substantially complete visibility into the private booth to a person standing outside the booth.

(7) Those establishments offering entertainment in private booths as of the effective date of the ordinance originally adding this requirement shall be modified to comply with the terms of this subsection within 60 days of the effective date of that ordinance.

(l) Permit holders shall immediately notify the San Mateo Police Department whenever they become aware of facts indicating their entertainment business may become the site of any criminal activity.

The following additional requirements shall apply to entertainment businesses providing amusement arcade entertainment; and shall be deemed conditions of the entertainment permit, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to this chapter.

(a) All amusement devices within the premises shall be visible to and supervised by an identifiable adult attendant who shall be present at all times when any amusement device is being operated. Such attendant shall be provided with a jacket, vest, or other clothing that clearly identifies such person as an employee of said arcade.

(b) The supervision of the patrons on the premises shall be adequate to insure that there is no conduct that unreasonably interferes with the use of surrounding properties.

(c) No one under 18 years of age shall be allowed to play the amusement devices between the hours of 7:00 a.m. and 3:00 p.m. during the academic year of any San Mateo school district; holidays, Saturdays and Sundays excluded. No one under 18 years of age may loiter inside or outside the premises or play amusement devices between 10:00 p.m. and 6:00 a.m. the following morning, Sunday through Thursday, and between 12:00 a.m. and 6:00 a.m., Saturdays and Sundays.

(d) Each arcade maintaining 26 amusement devices or more shall provide a minimum of one security guard in addition to the adult attendant from 3:00 p.m. until after closing time during weekdays and at all times during the hours of operation on weekends and holidays. The identity of the security person(s) shall be provided to the Chief of Police on forms provided by the San Mateo Police Department. If there are an unusual amount of police service calls to an amusement arcade with fewer than 26 amusement devices, the Chief of Police may require that the adult attendant required by this section be replaced by a security guard.

(e) Outside security lighting shall be provided under the direction of and subject to the approval of the San Mateo Police Department.

(f) Adequate parking and bicycle racks shall be provided pursuant to the off-street parking code for retail uses contained in Title 27 of the Code. A minimum of one bicycle facility for each sixteen amusement machines or fraction thereof shall be provided.

(g) Public restroom facilities shall be provided.

(h) A minimum of ten-foot candle illumination generally distributed must be contained in all parts of the premises at all times when the arcade is open and when the public is permitted to enter or remain therein.

(i) No amusement device shall be situated in such a way that its use will violate any applicable fire regulation or hinder the reasonable egress from and ingress to the premises of the public. A fully dimensioned floor plan indicating the location of each machine and the aisle width for ingress shall be clearly labeled.

(j) The business entrance must be unlocked during all times that the premise is open for use of arcade games.

(k) Video surveillance cameras shall be installed in the arcade areas to continually record patron activities to VHS tape during the establishment's hours of operation. Recorded tapes shall be maintained for a period of at least 96 hours. The recorded tapes shall be made available to police personnel upon written request.

(l) No alcoholic beverages are allowed in areas operated as amusement arcades.

(m) If a token change machine or coin change machine is installed, it shall be protected by an alarm system.

(n) The applicant shall restrict access into and out of the facility through the front door(s) only. The rear door shall be equipped with an audible alarm that will sound whenever the door is opened. The door shall be sign posted to indicate the alarm condition.

(o) Any pay telephone installed inside the premises or any pay telephone immediately adjacent to the front of the business shall be restricted from receiving incoming calls.

(p) No gambling shall be permitted in areas operated as amusement arcades.

(q) The permittee shall maintain and keep its amusement devices in good working order and condition.

The following additional requirements shall apply to adult cabarets and the failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to this chapter:

(a) The building entrance to an adult cabaret shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Community Development Director or designee. No person under the age of eighteen (18) years shall be permitted within the premises at any time.

(b) No person shall perform live entertainment for patrons of an adult cabaret except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest area occupied by patrons, and no patron shall be permitted within ten (10) feet of the stage while the stage is occupied by an entertainer. "Entertainer' shall mean any person who is an employee or independent contractor of the adult cabaret, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult cabaret.

(c) The adult cabaret shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.

(d) No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during, or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult cabaret.

(e) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

(f) No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.

(g) No owner or other person with managerial control over an adult cabaret shall permit any person on the premises of the adult cabaret to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.

(h) No performance shall be staged within an adult cabaret so as to be visible from the exterior of the premises through any window or other aperture, including any door, whether open or closed.

The following additional requirements shall apply to any entertainment business where alcoholic beverages are served anywhere on site, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to this chapter:

(a) The applicant's management staff and employees are encouraged to attend the first available San Mateo sponsored LEAD (Licensed Education on Alcohol and Drugs) seminar on responsible beverage service.

(b) A sign indicating there is an age restriction of 21 years and older shall be posted at all entrances to bar areas where entertainment is offered. This sign must be readily visible to patrons.

(c) If an A.B.C. type 47 on-sale general eating place permit has been issued to the permittee, persons under the age of 21 years shall not be allowed in areas where meals are not served.

(d) The permittee shall comply with all conditions and restrictions imposed upon the A.B.C. license and all applicable A.B.C. regulations.