Santa Barbara County Municipal Code § 6-55 Employees—Prohibited from soliciting or accepting drinks from customers

"Entertainment" as used in this article means any act, play, show, revue, pantomime, scene, song, dance, act or song and dance act participated in by one or more employees, guests, customers or any other person or persons, 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 as a part of the social activities of such club or organization, and when conducted solely as a fund raising activity for charitable purposes. Where the fashion or style show includes acts as defined in the last paragraph of this section, this exemption shall not apply. "Entertainment" as used in this article does not include:

(a) Mechanical or instrumental music alone.

(b) Ballroom dancing, square-dancing or round-dancing, participated in only by patrons or customers. This subsection does not exempt exhibition dancing whether by an entertainer or patron or customer.

"Entertainment" also includes the act of any female, while visible to any customer, exposing any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breasts are below such straight line, or the wearing of any type of clothing so that such may be observed.

(Ord. No. 1794, § 1)

(a) A class A license is that license which regulates the presentation of entertainment as defined in the first paragraph of section 6-30.

(b) A class B license is that license which regulates the presentation of entertainment as defined in the last paragraph of section 6-30.

(c) No person shall conduct, permit or assist in conducting or permitting any entertainment, as defined in the first paragraph of section 6-30, to be shown, staged, exhibited or produced in or upon any premises to which the public is admitted unless and until a written class A entertainment license has been obtained from the tax collector.

(d) No person shall conduct, permit or assist in conducting or permitting any entertainment as defined in the last paragraph of section 6-30 to be shown, staged, exhibited or produced in or upon any premises to which the public is admitted unless and until a written class B entertainment license has been obtained from the tax collector.

(Ord. No. 1794, § 1)

The annual fee for a class A entertainment license shall be:

(a) Where the applicant does not have a valid license under section 22-74 for the same location covering the same period of time, one hundred fifty dollars for the first year, and one hundred dollars for each annual renewal.

(b) Where the applicant has a valid license under section 22-74 for the same location covering the same period of time, seventy-five dollars for each year. This fee can be prorated from the date of issuance to the expiration date of such license.

(Ord. No. 1794, § 1)

The annual fee for a class B entertainment license shall be:

(a) The fees set forth in section 6-32; and

(b) An additional fee in the amount of two hundred fifty dollars per annum.

Where the fees for a class B entertainment license have been paid by the applicant, no additional fee is required of the same applicant for a class A entertainment license for the same location covered by the class B entertainment license.

(Ord. No. 1794, § 1)

Except as otherwise provided herein, application for a license pursuant to the provisions of this article shall state:

(a) The address of the location for which the license is required, together with the present business name of such location and any proposed name.

(b) The name and proposed business address of the applicant. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, and the applicant shall also set forth the date and place of incorporation; the names and residence addresses of each of its officers, directors and stockholder owning more than ten percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply.

(c) Whether or not the applicant or any officer or member of applicant, as the case may be, has ever been convicted of, or entered any type of guilty plea, including nolo contendere, to any crime under any name or alias, except misdemeanor traffic violations. In addition to the foregoing, any corporate applicant whose securities have been conditioned by the commission of corporations pursuant to section 25508 of the Corporation Code of California, will state whether or not any stockholder owning more than ten percent of the stock of such corporation has ever been convicted of any crime except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the name of the person so convicted, the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as a result of such conviction.

(d) The names and addresses of the persons who will have authority or control over the place for which the license is requested, and a brief statement of the nature and extent of such authority and control.

(e) The name and address of each of the owners of the premises upon which the licensed activity is to be conducted, if the applicant is leasing such premises from the owner.

(f) Whether the application is for a class A or class B entertainment license, as those licenses are defined herein.

(g) The address to which notice, when required, is to be sent or mailed; and the name and address of a person authorized to receive or accept service of process, if not otherwise set forth herein.

(h) Whether the application is for a new license or for the renewal of an existing license.

(i) Such other information pertinent to the operation of the proposed activity as the tax collector or sheriff may require of an applicant.

The foregoing examples are by way of illustration and not in any way in limitation of the information which the tax collector or sheriff may require.

Every officer and department to which an application for a license is referred may require such additional information and the filing of such additional forms as he deems necessary.

(Ord. No. 1794, § 1)

The application procedure provided by this article shall be followed with regard to licenses sought pursuant to this article, and the application procedures found elsewhere in this chapter shall not apply.

(Ord. No. 1794, § 1)

Every person desiring a license pursuant to this article shall file an application with the tax collector upon a form provided by such tax collector. He shall also pay the required fee to the tax collector.

(Ord. No. 1794, § 1)

No application or 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, educational or theatrical organization, except when such entertainment includes acts of entertainment as defined in the last paragraph of section 6-30. Any determination as to the exempt status of any applicant shall be made by the tax collector.

(Ord. No. 1794, § 1)

Upon receipt of the application information and payment of the fee, the tax collector shall transmit copies of the application to such other departments as the board of supervisors designates, including the sheriff, fire chief, building inspector, road commissioner, health officer, etc.

(Ord. No. 1794, § 1)

Licenses shall be posted in a conspicuous place on the premises for which such license is issued and shall remain posted at all times.

(Ord. No. 1794, § 1)

Every officer and department to which an application is referred shall, within twenty days, in writing, advise the tax collector of all material facts necessary to determine whether the license should be granted, granted subject to conditions, or denied and their approval or disapproval of the application.

(Ord. No. 1794, § 1)

The board shall not recommend or grant, and the tax collector shall not issue, a license to carry on any business covered by this article when any of the following grounds for denial exist:

(a) The tax collector shall not issue or renew a permit for a business prohibited by any local or state law, statute, rule or regulation.

(b) The tax collector shall not issue or renew a permit for a business which has been or is a public nuisance.

(c) The tax collector may deny a permit or a renewal thereof on any of the following grounds:

(1) The applicant is unfit to be trusted with the privileges granted by such permit, or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity; or

(2) The applicant is a person under the age of eighteen years; or

(3) The applicant, his agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has committed or aided or abetted in the commission of any act or act of omission which, if committed by a permittee would be a ground for disciplinary action under this article; or

(4) The applicant, his agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager, has been refused an entertainment license or permit or had a license or permit revoked or has been an officer, director, member, partner or manager of any person who has been refused a license or permit or had a license or permit revoked by the appropriate officer or board of this or any other county in the state.

The grounds for disciplinary action are set forth in section 6-43.

(Ord. No. 1794, § 1)

Before the tax collector denies any license either new or renewal, or grants any license subject to conditions, he shall notify the applicant in writing that he intends to deny the license or to grant the license subject to conditions, which conditions shall be specified in the notice, and that the applicant may request, within five days after receipt of such notice, a hearing before the board of supervisors.

(Ord. No. 1794, § 1)

It shall be grounds for disciplinary action if any licensee, his agent or employee, or any person connected or associated with the licensee as partner, director, officer, stockholder, general manager or person who is exercising managerial authority of or on behalf of the licensee has:

(a) Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a license or in any report or record required to be filed with the county; or

(b) Violated any provision of this article or of any statute relating to his permitted activity; or

(c) Been convicted of a felony or any crime involving theft, embezzlement or moral turpitude; or

(d) Committed any act constituting dishonesty or fraud; or

(e) A bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity; or

(f) Committed any unlawful, false, fraudulent deception or dangerous act while conducting a licensed or permitted business; or

(g) Published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of a licensed or permitted business; or

(h) Violated any rule or regulation adopted by the county relating to the licensee's business; or

(i) Wilfully failed to comply with the terms of any contract made as a part of the exercise of the licensed business; or

(j) Conducted the licensed business in a manner contrary to the peace, health, safety and general welfare of the public; or

(k) Demonstrated that he is unfit to be trusted with the privilege granted by such permit.

(Ord. No. 1794, § 1)

If any licensee, his agent or employee, or any person connected or associated with the licensee as partner, director, officer, stockholder, general manager or person who is exercising managerial authority of or on behalf of the licensee, performs an act, or fails to perform an act or duty, or otherwise becomes subject to disciplinary action as set forth in section 6-43, the tax collector or sheriff may suspend for such period of the entertainment license granted pursuant to this article. Notice of such action shall be sent by the tax collector to the address provided in the application for such notice. In the event of such action the permittee may request, within five days after receipt of such notice, a hearing before the board of supervisors.

(Ord. No. 1794, § 1)

No entertainment other than mechanical music of any sort may be conducted in an establishment licensed pursuant to this article between the hours of 2:00 A.M. and 6:00 A.M., except by a special permit for one day only issued by the tax collector at the request of the sheriff.

(Ord. No. 1794, § 1)

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

(Ord. No. 1794, § 1)

No person under twenty-one years of age shall enter, be or remain in or on any premises on or in which any "topless" entertainment, as defined in the last paragraph of section 6-30, is presented. A licensee shall not permit such a person to enter, be or remain in or on any such premises.

(Ord. No. 1794, § 1)

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 article. 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. 1794, § 1)

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. 1794, § 1)

Every establishment licensed pursuant to this article 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. 1794, § 1)

Every person operating an establishment licensed pursuant to this article, 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. 1794, § 1)

No sign or signs which in whole or in part advertise any "topless" entertainment or depict the human form unclothed shall be maintained, erected, used or placed upon, on or adjacent to the outside of any building in connection with any premises to which a class B license has been issued pursuant to this article. All signs shall conform to existing county zoning regulations.

(Ord. No. 1794, § 1)

Every establishment having a class B license issued pursuant to this article shall place immediately inside the entrance to the licensed establishment a sign of not more than two hundred twenty-five square inches and not less than one hundred forty-four square inches upon which is written in at least 96-point type: "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. 1794, § 1)

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. 1794, § 1)

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. 1794, § 1)

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. 1794, § 1)

No entertainment may be conducted where an entertainment license is required in which any person, participating directly or indirectly, sings or speaks any obscene words or performs any lewd or indecent acts.

(Ord. No. 1794, § 1)

At every establishment licensed pursuant to this article, having a capacity of more than two hundred persons, not less than one employee for the first two hundred persons, and one additional employee for each additional one hundred 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 article are complied with. The tax collector may require such additional employees or guards on an individual basis as the tax collector deems in the public interest.

(Ord. No. 1794, § 1)

No female shall conduct or participate in any entertainment as defined in the last paragraph of section 6-30 unless and until such female has registered in person with the sheriff and completed the registration form provided by such sheriff. Any person registering under this section shall specify:

(a) Her name and residence address;

(b) Her social security number and driver's license number, if any;

(c) Whether such person has ever been convicted of or entered any type of guilty plea, including nolo contendere, to any crime except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the name of the person so convicted, the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as a result of such conviction.

(Ord. No. 1794, § 1)

No person shall employ any female to participate in or conduct any entertainment as defined in the last paragraph of section 6-30 unless and until such female has registered with the sheriff as provided in sections 6-59 and 6-61, and until written notification has been received from the sheriff that such female has been duly registered. The sheriff's notices of registration shall be maintained by the employer at the place of business, and shall be available for inspection at all times.

(Ord. No. 1794, § 1)

Any person registering under section 6-59 shall, in addition to the information required thereby, provide the sheriff with a recent photograph, which photograph may be taken by the sheriff, and a complete set of such person's fingerprints. The fingerprints required under this section will be taken by the sheriff.

(Ord. No. 1794, § 1)

The sheriff shall not send any notification of registration, as required by section 6-60, where the subject of such registration has been convicted of any crime requiring registration under Section 290 of the Penal Code, or of any violation of Sections 311, 647(a), 647(d), 647a, 315, 316 or 318 of the Penal Code, or any felony involving moral turpitude.

(Ord. No. 1794, § 1)

All establishments licensed or required to be licensed under this article shall have a male manager on the premises at all times when entertainment is being conducted. Such manager shall be registered with and approved by the sheriff.

(Ord. No. 1794, § 1)

The deputy sheriffs of the county and the tax collector's agents, in addition to their several other duties, shall inspect any and all establishments licensed pursuant to this article and shall enter free of charge for the purpose of inspection.

(Ord. No. 1794, § 1)

No professional entertainer or employee may dance, unnecessarily converse or associate with any customer during any entertainment period, and not at all except in the 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 such advertisement shall be received by the sheriff twenty-four hours prior to the conducting of such audience participation entertainment. This section shall not apply to establishments having a class A entertainment license.

(Ord. No. 1794, § 1)

The terms, provisions and regulations of this article shall be enforced by the tax collector or his officers and agents, and the sheriff or his deputies, or by any other peace officer.

(Ord. No. 1794, § 1)