Santa Paula Municipal Code Ch. 117 Live Entertainment

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

ENTERTAINMENT. Every form of live entertainment, music, band or orchestra, act, play, burlesque show, fashion show, review, pantomime, scene, song or dance, act, or song and dance act or any other act or performance participated in by one or more persons for the purpose of holding or gaining attention and interest of, diverting or amusing guests or patrons, and shall include any of such forms of live entertainment when used in connection with, or as a means to attract or hold the attention of such guests or patrons for the purpose of advertise-ment, demonstration or display of goods, wares, merchandise or service, and also includes recordings, tapes and records, jukeboxes and other instruments and equipment used for the reproduction of sound, where the same are used for the sole or primary attraction of guests or patrons.

('81 Code, § 5.32.010) (Ord. 723, passed - -79)

It is unlawful for any person conducting, operating, owning or in control of any premises open to the public, or private club within the city to allow any entertainment upon the premises, or in or upon any adjoining room of the premises, unless the city issued a valid permit to such person pursuant to the provisions of this code. Persons complying with Chapter 124 of this code need not, in addition, obtain a permit pursuant to this chapter.

('81 Code, § 5.32.020) (Ord. 723, passed - -79; Am. Ord. 1151, passed 1-3-06) Penalty, see Ch. 13

(A) An applicant for a permit shall submit his application under oath to the License Collector.

(B) The application shall include:

(1) The true names and addresses of the applicant and of all persons financially interested in the business;

(2) Recent photographs together with a complete set of fingerprints of the applicant and of all persons financially interested in the business; fingerprints shall be taken by the Chief of Police or his agent;

(3) The name and address of the business;

(4) A description of the entertainment to be offered;

(5) Applicant's residence for the five years preceding the date of application;

(6) A statement of the nature and character of the business, if any, to be carried on in conjunc-tion with such entertainment;

(7) Any other information necessary for investigation of the applicant as required by the Chief of Police.

('81 Code, § 5.32.030) (Ord. 723, passed - -79; Ord. 871, passed - -86)

(A) An application fee, in an amount to be established by resolution of the City Council and payable to the city, shall be paid, one-half of which shall be refunded to the applicant in the event his application is denied.

(B) The fee shall be payable annually on a calendar basis and submitted with each subsequent permit renewal.

('81 Code, § 5.32.040) (Ord. 723, passed - -79)

(A) All applications for permits required by this chapter shall be referred to the Chief of Police for investigation. The Chief of Police shall conduct an investigation to determine whether the permit should be issued in accordance with the provisions of this chapter as set forth in this chapter.

(B) The Chief of Police shall consider any relevant factual material relating to such application and shall approve an entertainment permit only if he finds that:

(1) The operation as proposed by the applicant, if permitted, would comply with all applicable laws, including but not limited to the city's building, zoning and health regulations;

(2) Adequate lighting inside the place of entertainment is provided;

(3) Safe and adequate parking for motor vehicles is provided;

(4) The ingress and egress of motor vehicles in and from the parking area does not create a traffic hazard;

(5) There are sufficient doorways, stairways or other means of ingress or egress to accommodate the public;

(6) There is adequate access for police, firefighters and other emergency personnel in the event of a fire, medical emergency or public disturbance;

(7) The building is structurally safe for the number of people to be accommodated;

(8) The applicant has not knowingly made any false, misleading or fraudulent statement of facts in the permit application, or other document required by the city in conjunction therewith;

(9) The proposed entertainment will not disturb the peace or quiet enjoyment of the occupants of surrounding dwellings, apartments or businesses.

(C) If the Chief of Police finds any of the facts as set forth in division (A) or (B) of this section are not present, he shall decline to approve the permit as requested.

('81 Code, § 5.32.050) (Ord. 723, passed - -79; Ord. 871, passed - -86)

(A) The License Collector, upon approval by the Chief of Police, shall issue an entertainment permit only if he finds that:

(1) A written application form therefor has been filed;

(2) The required filing fee therefor has been paid;

(3) As a result of the Chief of Police's investigation, all applicable provisions of this chapter with regard to such permit application have or will be met.

(B) Permits may be issued conditionally in order to ensure compliance with the provisions of this chapter.

('81 Code, § 5.32.060) (Ord. 723, passed - -79; Ord. 871, passed - -86)

After the Chief of Police has made a deter-mination with reference to a permit application, the License Collector shall give written notice of his decision to the applicant and to any other person requesting such notice.

('81 Code, § 5.32.070) (Ord. 723, passed - -79; Ord. 871, passed - -86)

(A) Any person aggrieved by the decision of the Chief of Police with reference to the approval, conditional approval or denial of a permit application, shall have the right to appeal to the City Council in the same manner as an appeal from a variance application.

(B) The appellant shall be required to pay an appeal fee as set by resolution of the City Council.

('81 Code, § 5.32.080) (Ord. 723, passed - -79; Ord. 871, passed - -86)

After notice and hearing the Chief of Police may suspend or revoke any permit issued under this chapter if he finds that:

(A) The operation, as conducted by the applicant, does not comply with all applicable laws, including but not limited to the city's building, zoning and health regulations, including any conditions imposed in the permit;

(B) The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application, or any other document required in conjunction therewith; and

(C) The entertainment has disturbed the peace or quiet enjoyment of the occupants of surrounding dwellings, apartments or businesses.

('81 Code, § 5.32.090) (Ord. 723, passed - -79)

(A) Prior to the suspension or revocation of the permit provided for in § 117.09, the Chief of Police shall hold a hearing to consider the action to be taken. Such hearing shall be held before the Chief of Police not less than two days after service of the notice of suspension or revocation upon the manager or owner of the place of entertainment, with a copy thereof being mailed to the permittee. The notice shall set forth the time, date and place of hearing. At such hearing the permittee or his representative may present evidence.

(B) Within five days after the conclusion of the hearing the Chief of Police shall issue his decision. If such decision is to suspend or revoke the permit, such decision shall be effective immediately when personally served on the manager of the place of entertainment or to the permittee thereof, or 48 hours after the same has been deposited in the United States mail, postage prepaid.

(C) If the permittee, or any interested person, is dissatisfied with the action taken by the Chief of Police, such permittee or interested person may appeal to the City Council pursuant to § 117.08.

('81 Code, § 5.32.100) (Ord. 723, passed - -79)

The provisions of this chapter shall not be deemed to require a permit for the following:

(A) Any entertainment provided for members and their guests at a private club where admission is not open to the public;

(B) Entertainment conducted in a park or recreational facility owned or operated by the city;

(C) Entertainment conducted by or sponsored by any bona fide nonprofit club, society or association, organized or incorporated for benevolent, charitable, religious, dramatic or literary purpose having an established membership and which holds meetings other than such entertainment at regular intervals, when proceeds, if any arising from such entertainment, are used for the benefit of such club, society, or association;

(D) Entertainment conducted or sponsored by a public agency.

('81 Code, § 5.32.110) (Ord. 723, passed - -79)

(A) No permit shall be transferable except with the written consent of the Chief of Police.

(B) An application for such a transfer shall be in writing and shall be accompanied by a filing and processing fee in an amount to be established by resolution of the City Council, the same to be filed with the License Collector.

(C) One-half of the fee shall be refundable in the event such application for transfer is denied. The written application for such transfer shall contain the same information as required in this chapter for an initial application for such a permit.

(D) If the transfer is denied by the Chief of Police, the permittee or proposed transferee may appeal such action to the City Council pursuant to § 117.08.

('81 Code, § 5.32.120) (Ord. 723, passed - -79; Ord. 871, passed - -86) Penalty, see Ch. 13

The permittee shall not conduct any entertain-ment activity at a location other than the location specified, nor any other type of entertainment than that specified on the permit.

('81 Code, § 5.32.130) (Ord. 723, passed - -79) Penalty, see Ch. 13

(A) Members of the Police Department, when on duty, shall be admitted free of charge to all locations, where entertainment is permitted pursuant to this chapter for the purpose of insuring conformity with the permit, including any rules, regulations or conditions applicable thereto.

(B) Such police officers may required an entertainer at the location purporting to entertain under the authority of permittee's permit to identify himself by his name, age and address.

('81 Code, § 5.32.140) (Ord. 723, passed - -79)