Santa Ana Municipal Code § 11-13 Penalties and revocation

Footnotes:

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Editor's note— Ord. No. NS-2847, § 3—15, adopted August 5, 2013, amended ch. 11, §§ 11-1—11-11, to read as set out herein. Former ch. 11 was titled dancing and was derived from Code 1952, §§ 6370—6373, 6375—6378; Ord. No. NS-232, §§ 1, 2, adopted February 18, 1957; Ord. No. NS-459, § 2, adopted August 15, 1960; Ord. No. NS-859, § 1, adopted September 6, 1966; Ord. No. NS-1235, § 36, adopted December 9, 1974; Ord. No. NS-1644, §§ 1—3, adopted August 16, 1982; Ord. No. NS-1687, §§ 1, 2, adopted June 6, 1983; Ord. No. NS-2048, § 1, adopted January 2, 1990 and Ord. No. NS-2049, § 1, adopted February 5, 1990.

For the purpose of this chapter the words and phrases herein defined shall be construed as having the following meanings:

After-hours is operation of an establishment with live entertainment between the hours of 12 midnight and 2 a.m. Live entertainment will not be allowed between 2 a.m. and 6 a.m.

Ambient music is recorded music which is audible from a distance of no more than twenty (20) feet from any portion of the exterior of the premises and which is utilized to create ambience and is not intended to entertain.

Amplified music is electronically enhanced music which is audible from a distance of no more than twenty (20) feet from any portion of the exterior of the premises and which is intended to entertain.

Dance or dancing is movement of the human body accompanied by music or rhythm.

Live entertainment includes, but is not limited to, musical performances (non-ambient, live or recorded), any act, play, revue, pantomime scene, dance act, DJ, Karaoke, strolling musician or any combination thereof, performed by one (1) or more persons whether or not they are compensated for the performance.

Private entertainment is entertainment which is limited to those persons individually invited, to which no admission charge is made, or entertainment conducted by a bona fide club, society or association, or organization incorporated for benevolent, charitable, dramatic, literary, recreational or entertainment purposes having an established membership, and which holds meetings other than such entertainment at regular stated intervals, and when the proceeds, if any, of such entertainment are used only for the purposes of such club, society, association or organization.

(Ord. No. NS-2847, § 3, 8-5-13)

The provisions of this chapter shall not apply to a private entertainment.

(Ord. No. NS-2847, § 4, 8-5-13)

(a) Temporary live entertainment. Every person desiring to conduct temporary live entertainment, not to exceed one (1) day, shall, ten (10) days prior to such temporary one (1) day live entertainment event, file an application for a land use certificate to do so on forms provided. No applicant may obtain more than six (6) temporary one (1) day live entertainment land use certificates in any one (1) year period. Any property where temporary live entertainment is provided must comply with all zoning and occupancy requirements and regulations applicable to that property. Temporary live entertainment shall be governed under the provisions for land use certificates, and are not subject to the provisions for entertainment permits under this section.

(b) Entertainment permit. Every person wishing to provide live entertainment as defined in section 11-1 Definitions, shall file an application with the city manager, or designee, on forms provided at least sixty (60) days prior to the commencement of the offering of such entertainment.

(c) Such written application shall set forth the following facts:

(1) The name and residence of the applicant or applicants, and if the applicant is a corporation or partnership, the names and residences of the officers, partners or directors thereof, and if the applicant is an association, the names and residences of the officers thereof;

(2) The particular place for which the permit is desired;

(3) The days and time of entertainment activities to be held under the permit;

(4) A statement that the applicant is the licensee of record, sole party, or applicants are the sole party, either directly or indirectly interested in the entertainment for which a permit is sought, and that no other person is, or will be, in any manner interested, directly or indirectly, during the continuance of the permit;

(5) A statement of the ownership of the realty of the premises for which the permit is sought;

(6) The name of at least one (1) responsible party on the premises, as well as a telephone number on the premises where such a person can be reached;

(7) Detailed description of all entertainment to be provided, including, but not limited to, amplified music, dancing, and any other similar live entertainment activities.

(d) The city manager, or designee, shall investigate the persons applying for such permit, shall consider the items and standards for granting set out in section 11-6 and, in conformance therewith, shall determine which permit category applies pursuant to section 11-7, and then grant such permit if all of the conditions of approval have been met. In the event that all of the conditions of approval have not been met, the city manager, or designee, may deny the permit applied for, and shall forthwith notify the applicant of the action along with a statement identifying the reasons for the denial.

(e) No person, firm, partnership, corporation, company, or non-profit or charitable organization shall conduct any entertainment, without first making application for and obtaining a permit to do so, nor shall any person conduct the same during the time while a permit to do so is revoked.

(f) Any modifications or revisions to the live entertainment provided under an entertainment permit require city manager, or designee, approval.

(g) An entertainment permit shall be valid for a period not to exceed one (1) year from date of issuance. Entertainment permits are not automatically renewed and it shall be the responsibility of the permit holder to file a new application for an entertainment permit at least forty-five (45) days prior to the previous permit's expiration.

(h) All establishments within the city that were conducting activities requiring permitting and regulated under this section whose activities existed prior to August 5, 2013, shall have a period of one (1) year from the date of the adoption of the revisions to apply for an entertainment permit. During such time any fees for the processing of the permit shall be waived.

(i) Any permit issued pursuant to the terms of this chapter is issued solely to the person or entity applying for the permit and is non-transferrable to any other person or entity.

(j) Any permit applicant aggrieved by the decision of the city manager, or designee, to deny said permit may appeal as provided in chapter 3 of the Santa Ana Municipal Code, except that the written notice of appeal must be filed with the clerk of the council and the city manager, or designee, within ten (10) days of service of the written notice of the city manager's, or designee's, decision.

(Ord. No. NS-2847, § 5, 8-5-13)

Cross reference— License fee, § 21-120d.

The city manager, or designee, shall issue an entertainment permit to an applicant who submits a completed entertainment permit application and has fulfilled all conditions of approval found in this chapter. No permit shall be issued if the applicant or any person interested in or having any control of any part of the management of the entertainment has been convicted of a felony. Any such conviction will justify the revocation of any existing permit.

(Ord. No. NS-2847, § 8, 8-5-13)

All establishments with an entertainment permit shall comply with the following operational standards:

(a) Category 1. If the establishment has no amplified music, no dancing, and is not operating after-hours, as defined in this chapter, then no entertainment permit is required.

(b) Category 2. If the establishment has amplified music, but no dancing, and is not operating after-hours, as defined in this chapter, then an entertainment permit is required and the establishment shall comply with the following operational standards:

(1) The owner or manager of the entertainment venue shall maintain on the premises a written security plan approved by the police department. The category 2 security plan shall consist of a policies and procedures manual that addresses the following items:

(A) Procedures for handling obviously intoxicated persons.

(B) The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior.

(C) Procedures for handling patrons involved in fighting, arguing or loitering about the building, and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s).

(D) Procedures for verifying the age of patrons for purposes of alcohol sales.

(E) Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron.

(F) Procedures for calling the police regarding observed or reported criminal activity.

(G) Procedures for management of queuing lines.

(H) The location and description of any video games proposed to be on the premises.

(2) Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in the security plan. Any pool or billiard tables will be subject to the provisions of Santa Ana Municipal Code chapter 29 — Pool and Billiards.

(3) Neither the responsible party for the permitted establishment, nor any person or entity operating the premises with the permission of the responsible party, shall violate the city's adult entertainment ordinance contained in Santa Ana Municipal Code section 12-1 and 12-2.

(4) The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41-1701.6.

(5) Persons who appear obviously intoxicated shall not be admitted into the venue.

(6) Employees shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift.

(7) Music/noise shall not be audible beyond twenty (20) feet from the exterior of the premises in any direction.

(8) There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only.

(9) Any graffiti painted or marked upon the premises or on any adjacent area under the control of the responsible party for the permitted establishment shall be removed or painted within twenty-four (24) hours of being applied.

(10) It shall be the permitted establishment's obligation to ensure that California Penal Code section 602 — Trespassing is complied with at all times that the premises are in operation.

(11) The responsible party for the permitted establishment shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee.

(12) In no event shall the applicant allow the number of occupants to exceed the posted maximum occupancy.

(13) Existing venue and required parking must conform to the provisions of chapter 8, article II, division 3 of the Santa Ana Municipal Code (building security ordinance). These code conditions will require existing project lighting may require upgrading and new lighting must meet current code standards. Lighting standards cannot be located in required landscape planters where they may become obscured by the mature canopy growth of trees.

(14) Cash register(s) must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage or other mitigation agreed upon with the police department.

(15) Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) percent of window coverage.

(16) Window displays and racks must be kept to a maximum height of three (3) feet including merchandise.

(17) A timed-access cash controller or drop safe must be installed or other mitigation measures agreed upon with the police department.

(18) Installation of a silent armed robbery alarm or other mitigation measures agreed upon with the police department.

(19) The permittee is ultimately responsible for all activity on the premises.

(20) The permit is non-transferable. The permit cannot be transferred to a new owner/operator, under a sublease or by a subcontractor.

(c) Category 3. If the establishment has amplified music and dancing, but is not operating after-hours, as defined in this chapter, then an entertainment permit is required and the establishment shall comply with all of the operational standards for category 2 entertainment permits, as well as the following operational standards:

(1) The owner or manager of the entertainment venue shall maintain on the premises a written security plan approved by the police department. The category 3 security plan shall consist of a policies and procedures manual containing all of the items required in the category 2 security plan plus the following:

(A) A fully-dimensioned site plan showing:

(i) The posting locations of any required security guards;

(ii) The location of all emergency exits;

(iii) The location of primary entrances and exits for patrons;

(iv) The location and square footage of the alcohol storage area;

(v) The dimensions and locations of the dance floor(s), stage(s) and fixed bar(s);

(vi) The location of the designated queuing area including the location of any stanchions;

(vii) The location of all cameras for the required closed circuit television system (CCTV);

(viii) Occupancy standards and approvals from the building department and Orange County Fire Authority;

(ix) Additional items as required to be indicated as determined necessary by the city manager, or designee.

(B) Procedures for counting the number of occupants entering and exiting the venue for purposes of enforcing established occupancy limits.

(2) Except in case of emergency, the responsible party for the permitted establishment shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits from enclosed patio areas. Steps shall be taken by the responsible party for the permitted establishment to discourage unauthorized exiting.

(3) The police department will require uniformed, state-licensed security guards and/or Santa Ana police officers, at the owner's expense, to perform crowd control inside and outside of the establishment, based upon the type of activities anticipated at the location or based upon prior history of activity at this establishment or other similar businesses. These security guards will be deployed as per the agreed upon, security policies and procedures manual that has been approved by the police department. At a minimum and at all times, entertainment is being offered, the applicant shall employ a minimum of one (1) uniformed, state licensed security guard for every one hundred (100) persons in attendance per event, for keeping the peace. Mandated security officers will be required to use a radio frequency and communication equipment that is specified by the police department. Radios and communication equipment will be provided by the establishment at the establishment's cost. Guards will be required to provide escort service to patrons of the establishment if requested, insofar as the guard is not off the premises for more than ten (10) minutes. Mandated security guards will be required to participate in mutual aid activities with the police department and other guard companies at the direction of the police department. This may include the adoption of mutual aid communications as well as attendance at information sharing meetings. It is the responsibility of the permittee to keep copies and associated records of all individuals acting as private security for the establishment, which illustrate their state-licensed certification. These copies/records shall be readily accessible and provided to Santa Ana police personnel twenty-four (24) hours a day upon request.

(4) An electronic incident log shall be maintained at the licensed premises on a continual basis with at least one (1) year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, excessive loud noise, etc.

(5) Contract security services, proprietary security personnel, or personnel assuming the functions typically associated with security shall be familiar with the establishment's written police department approved security policies and procedures by reviewing them and signing that they have read and understood the policy. The signed acknowledgement shall be kept in a file relating to the security manual and shall be made available to the police department upon request.

(6) Security personnel required by the entertainment permit issued for the entertainment venue shall be in a uniform or clothing, which is readily identifiable as a security person. Security uniform standards will be included in the security policy and procedures manual and will not be the same colors as the police department's. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance.

(7) If there is an increase of twenty-five (25) percent in the number of police-related incidents on or near the premises, the permittee shall increase the number of uniformed, state-licensed security guards to a total number of guards as determined by the chief of the police department.

(8) In addition to the above number of state-licensed uniformed security guards, the applicant shall provide a minimum of one (1) state-licensed uniformed security guard to ensure patron safety when going to and from the required parking for the venue whether on-site or off-site. Said guard is specifically assigned to this function until all activity on the premises has ceased and patrons have cleared the parking area.

(9) For any concert/live entertainment event where attendance exceeds four hundred (400) persons, it shall be the permittee's responsibility to pay for a minimum of two (2) uniformed Santa Ana police officers to work the event and ensure public safety. If the proposed event is deemed to have special circumstances by the police department, the chief of police or his authorized representative may increase the number of required police officers to ensure public safety. The officer costs shall be the permittee's responsibility to include, at a minimum one-half (½) hour prior to, during, and one-half (½) hour after the time the event is scheduled to end or until all patrons have left the premises and parking areas. Law enforcement presence is required at a minimum of four (4) hours for each officer assigned to the venue.

(10) The permittee will be responsible for verifying the age of those wishing to purchase and/or consume alcoholic beverages in order to ensure that the business is in compliance with state law restricting the age of the sales and consumption of alcohol to those twenty-one (21) years of age and older. This verification process may include such techniques as, the manual checking of identification by a trained employee, the use of an identification scanner or similar device, or other method as approved in the security plan. This condition is not intended to be used as a means to discriminate against patrons based on race, ethnicity or legal status.

(11) The owner/operator shall provide a closed circuit television system approved by the police department and capable of viewing and recording events on the property and inside the premises with a resolution that will clearly identify individuals for later identification. This system will be clearly identified within the agreed upon security policy and procedures manual. Camera system components shall include:

(A) A minimum of one (1) color camera at each police department specified location.

(B) A color camera recorder or digital system capable of recording events on all cameras simultaneously.

(C) Provide an IP-based system.

(12) The permittee shall submit a monthly activity schedule to the police department. The schedule must include a brief synopsis of the type of venue, hours of the venue, artist(s) names and expected attendance. The submission must be via e-mail and must be received thirty (30) days prior. Updates to the proposed schedule must be sent immediately.

(13) A ticket manifest for an event shall be provided, on demand, to an authorized police department representative, if requested. The ticket manifest must clearly outline the total number of tickets sold for said event. It is generally understood that the industry standard is to utilize an electronic ticketing system. Authorization by the police department to access this online electronic system is the preferred method.

(14) Queuing lines shall be managed in an orderly manner and all disruptive and intoxicated patrons shall be denied entry. The business owner or his designate shall be responsible for monitoring and managing the queuing lines at all times. Food or alcohol may not be served to patrons waiting to enter the establishment.

(15) The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses and residences. Stanchions or barriers must be used to maintain order at all times the queue exceeds twenty-five (25) patrons. Placement of stanchions and barriers must receive public works agency approval.

(16) Controls shall be established to maintain occupancy levels allowed by the Orange County Fire Authority and these fire department approved levels will not be exceeded. Methods of controlling occupancy can include, but not limited to the following: Counters used to count the number of occupants entering and exiting the location, which are available for inspection by OCFA or the police department.

(17) The permitted establishment shall at all times comply with Santa Ana Municipal Code sections 10-181 through 10-187 regarding curfews for minors.

(d) Category 4. If the establishment has amplified music, dancing, and is operating after-hours, as defined in this chapter, then an entertainment permit is required and the establishment shall comply with all of the operational standards for category 2 and category 3, as well as the following operational standards:

(1) The owner or manager of the entertainment venue shall maintain on the premises a written security plan approved by the police department. The category 4 security plan shall consist of a policies and procedures manual containing all of the items required in the category 2 and category 3 security plans plus the following:

(A) Procedures for the provision of alternate transportation services to patrons. This may include procedures for access to a telephone, the provision of a list of taxi services, or other service that will ensure the safe travel of any patron, particularly those who are intoxicated, in leaving the establishment.

(Ord. No. NS-2847, § 9, 8-5-13)

Anyone possessing an entertainment permit shall indemnify and hold the city harmless from any and all losses, claims, actions or damages suffered by any person or persons by reason of or resulting from any negligence of the permittee or its agents, employees, or patrons or on account of any act or omission of the permittee in its exercise of its permit or use or occupancy of any premises in connection with such permit. In the event any suit or action is brought against the city, the permittee shall, upon notice of the commencement thereof, defend the same, at no cost and expense to the city, and promptly satisfy any final judgment adverse to the city or to the city and the permittee jointly; provided, that in the event the city determines that one (1) or more principles of governmental or public law are involved, the city retains the right to participate in such action. The above liability shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost or expense may have been, or may be alleged to have been, contributed to by the negligence of the city or its officers, employees or agents; provided, however, that nothing contained in this section shall be construed as requiring the permittee to indemnify the city against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the city, or its officers, employees or agents.

(Ord. No. NS-2847, § 10, 8-5-13)

No person shall allow, conduct or permit on any premises within the city open to the public any entertainment activities between the hours of 2 a.m. and 6 a.m. during any day of the week.

(Ord. No. NS-2847, § 13, 8-5-13)

The city shall adopt and amend, from time to time, a schedule of fees as described in this article by resolution.

(Ord. No. NS-2847, § 14, 8-5-13)

(a) Any establishment obtaining an entertainment permit shall be subject to a penalty in the event that the business is in violation of any of the conditions of approval outlined in this chapter.

(b) This penalty shall consist of:

(1) A written warning upon the first violation, which shall cite the specific condition(s) of approval that were violated;

(2) The payment of a fine upon the second violation;

(3) The payment of an increased fine upon the third violation;

(4) The setting of an administrative revocation hearing, pursuant to the procedures established in chapter 3 of the Santa Ana Municipal Code, for the fourth violation.

(c) In the event of a revocation, the permittee may apply for reissuance of the permit after six (6) months from the date of revocation. Until such time as the permit may be reinstated, all entertainment on the premises must cease.

(Ord. No. NS-2847, § 15, 8-5-13)