Scotts Valley Municipal Code Ch. 5.16 Entertainment

For the purpose of this chapter, certain words and phrases shall be constructed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended:

A. "Applicant" means a person applying for a new or renewal permit as provided in this chapter.

B. "Chief" is the chief of police of the city of Scotts Valley, or his designee.

C. "Entertainment" means any amusement which is open to the public and rendered by performers from a stage platform, terrace or other place of central prominence with respect to the audience, whether performed indoors or outdoors and includes:

1. Any act, play, presentation, exhibition, review, pantomime, dance, music or dance act, performed by one or more persons, whether or not such person or persons are compensated for such performances;

2. A circus, carnival or similar exhibition or entertainment at which acrobatic feats are performed and trained or wild animals are exhibited and displayed or at which clowns, jugglers or similar persons perform, or at which there are side shows, parades and processions;

3. Any form of live music, bands, live vocal or instrumental sound, performed by one or more persons, whether or not such person or persons are compensated for the music;

4. Any form of recorded and amplified music whether or not such person or persons are compensated for the music;

5. Any form of dancing upon the premises by patrons of an establishment whether performed inside or outside;

6. Any fashion or style show, except when the same is conducted by a person as a part of a commercial business which primarily involves the sale or manufacture of clothing or wearing apparel.

D. "Lewd conduct" means, but is not limited to any violation of Section 288, 288(a), 311.6, 314, 647(a) or 647(b) of the Penal Code.

E. "Nonprofit corporation" means any religious, governmental or nonprofit organization which operates without private profit for a charitable, educational, fraternal or religious purpose which has provided proof to the satisfaction of the city's finance director of current technical eligibility under Section 501(c)(3) of the United States Internal Revenue Code.

F. "Performer" means any person who performs any entertainment.

G. "Permittee" means any person or other lawful entity which has been granted a permit as provided herein.

H. "Person" shall mean any natural person, corporation, partnership, association, joint venture or any other legal entity of any sort whatsoever; provided, however, that person shall not include any federal, state or local governmental agency.

(Ord. 17.3 § 2(part), 1998)

It is unlawful for any person conducting, operating, owning, or in control of any premises whether open to the public or a private club, within the city, to allow any entertainment upon the premises, or in or upon any adjoining room, premises or outdoor space, unless such person holds a valid permit therefor, pursuant to the provisions of this chapter. A permit shall be required of any bona fide nonprofit organizations which own premises upon which entertainment takes place; provided, however, that the permit application fees and permit renewal fees as provided for in Section 5.16.040 shall not be required of any such bona fide nonprofit organizations.

(Ord. 17.3 § 2(part), 1998)

It is unlawful for any person to:

A. Perform any entertainment on any premises in the city without having obtained a valid entertainment permit;

B. Assist, permit or counsel any person to violate any provisions of this chapter; or

C. Violate any of the regulations set out in Section 5.16.140.

(Ord. 17.3 § 2(part), 1998)

An application for an entertainment permit or for a renewal of a permit shall be filed with the city finance director, shall be in writing no later than fifteen days prior to the date when the event is to occur on forms provided by the city, shall be in duplicate, and shall be accompanied by the appropriate fee. The application and renewal fees for an entertainment permit shall be set by resolution of the city council. Applications shall be verified.

(Ord. 17.3 § 2(part), 1998)

Each application shall contain the information required by forms provided by the city, as well as such other related information as the chief may require.

(Ord. 17.3 § 2(part), 1998)

Whenever any change occurs relating to the written information required by Section 5.16.050, the applicant or permittee shall give notification of such change to the police department within ten days after the change.

(Ord. 17.3 § 2(part), 1998)

The police department shall conduct an appropriate investigation to determine whether the permit should be issued in accordance with the provisions of this chapter.

(Ord. 17.3 § 2(part), 1998)

The police department shall inspect any and all establishments licensed pursuant to this chapter. As an express condition to every permit, police officers and any official city inspectors shall be allowed by every applicant or permittee to enter the premises which will be used for the entertainment for the purpose of inspecting any establishment licensed or to be licensed pursuant to this chapter.

(Ord. 17.3 § 2(part), 1998)

After an investigation, the chief shall approve the application for the entertainment permit or renewal of such permit if the chief finds that:

A. A completed written application form has been filed;

B. The required fee has been paid to the city finance director;

C. As a result of the investigation, all applicable provisions of this chapter with regard to such permit application have been met;

D. The operation by the applicant will be carried on in a building, structure or location which complies with and meets all of the health, zoning, fire, building and safety requirements and standards of the laws of the state of California and ordinances of the city applicable to such business operation;

E. The applicant, his employees, agents or any persons connected or associated with applicant as partners, directors, officers, stockholders or managers have not been convicted in a court of competent jurisdiction by final judgment, within the last ten years, of:

1. An offense involving the presentation, exhibition or performance of an obscene production, motion picture or play,

2. An offense involving lewd conduct, or

3. A felony offense involving the use of force or violence upon the person of another;

F. The applicant has not had a similar type permit previously revoked for good cause within the past year unless the applicant has shown a material change in circumstances since the date of revocation.

(Ord. 17.3 § 2(part), 1998)

Upon approval of the application for an entertainment permit or renewal of such permit, the chief shall issue such permit upon any special terms and conditions and restrictions not in conflict with any paramount law, as may be necessary to protect the public peace, health, safety or general welfare of the city or its inhabitants.

(Ord. 17.3 § 2(part), 1998)

Notice of decision of the chief regarding a permit applicant pursuant to this chapter shall be provided to the applicant or to any other person requesting such notice within ten days after receipt of the application for the permit or renewal of a permit.

(Ord. 17.3 § 2(part), 1998)

The permit shall expire one year after the date of issuance, however, such permits may be renewed for additional periods of one year upon the approval of the chief.

(Ord. 17.3 § 2(part), 1998)

Every permit issued under this chapter shall set forth the name of the person to whom issued, the location by street and number, and shall be signed by the permittee and posted in a conspicuous place upon the premises to which it is issued. The permit shall not be transferable. Any transfer or attempt to transfer of the permit shall render the permit null and void.

(Ord. 17.3 § 2(part), 1998)

It is unlawful for any person to violate any of the following rules and regulations:

A. No person shall conduct, show, stage, perform, produce or permit any entertainment between the hours of two a.m. and six a.m. in any establishment for which a permit is required under this chapter except by specific prior written authorization from the chief in accordance with any conditions required by the chief.

B. No person shall conduct or permit any dancing between the hours of two a.m. and six a.m. on any day.

C. No person shall be permitted to enter or remain in any establishment for which a permit is required under this chapter in excess of the room capacity set by the fire marshal.

(Ord. 17.3 § 2(part), 1998)

A. The chief shall suspend any permit issued hereunder, if the chief finds:

1. That the operation, as conducted by the applicant, does not comply with all the health, zoning, fire, building and safety requirements and standards of the laws of the state of California and city applicable to such business operation.

2. That the applicant, his employees, agents or any persons connected or associated with applicant as partners, directors, officers, stockholders or managers have been convicted in a court of competent jurisdiction, by final judgment, within the last ten years, of:

a. An offense involving the presentation, exhibition or performance of an obscene production, motion picture or play;

b. An offense involving lewd conduct; or

c. A felony offense involving the use of force and violence upon the person of another.

3. That the applicant has violated any provisions of this chapter or is in violation of any general or special conditions of the permit.

4. That the applicant, his employees, agents or any persons connected or associated with applicant as partners, directors, officers or stockholders, or managers have knowingly made false, misleading or fraudulent statement(s) of material fact in the application for permit, or in a report or record required to be filed with any public agency.

5. That the applicant has had a similar type permit previously revoked for good cause and has not shown a material change in circumstances since the date of revocation.

B. The chief, in the case of such suspension, shall serve the permittee with a written order of suspension, which shall state the reasons for the suspension. The order shall be effective immediately if personally served, or forty-eight hours after the same has been deposited in the United States Postal Service, postage prepaid. Immediately upon the effective date of the order, the permittee shall cease all operations under the suspended permit.

(Ord. 17.3 § 2(part), 1998)

A suspended permit shall automatically be revoked ten days after the order of suspension becomes effective unless the permittee had filed an appeal of the order of suspension. Where an appeal is filed, the order shall be stayed pending a determination of the appeal by the city council. The suspension shall become a revocation if the chief's actions are upheld.

(Ord. 17.3 § 2(part), 1998)

Editorial Note: Ord. No. 17.4, § 1, adopted Oct. 19, 2016, repealed § 5.16.170, which pertained to exemption—City property and derived from Ord. 17.3 § 2(part), 1998.

Any person aggrieved by the decision of the chief with reference to the approval, denial or suspension of an application for a permit may appeal such decision to the city council within ten days after notice of the decision is received by the applicant. A hearing shall be set with the city council not later than thirty days following the notice of appeal and may be continued from time to time by the city council. Following the hearing the city council shall determine whether to sustain, modify or overturn the decision being appealed. The decision shall be in writing and shall be rendered within ten days of the completion of the hearing.

(Ord. 17.3 § 2(part), 1998)

Any person, firm or corporation violating any of the provisions of this chapter shall be subject to an infraction.

(Ord. 17.3 § 2(part), 1998)

Any business establishment providing entertainment maintained contrary to the provisions of this chapter or without a valid permit shall be deemed unlawful and shall constitute a public nuisance, and the city attorney may, in addition to, or in lieu of, any criminal action taken under this title, commence an action or proceeding to abate, remove or enjoin the illegal activities in the manner provided by law and shall apply to such court as may have jurisdiction to grant such relief to abate or remove such establishments and to enjoin any person from operating, conducting or maintaining such an establishment where entertainment is provided contrary to the provisions of this chapter. All costs including reasonable attorney fees required to enforce this section shall be deemed recoverable costs from any person required to abate, remove or otherwise cease activities in violation of the provisions of this chapter.

(Ord. 17.3 § 2(part), 1998)

The person who owns or operates the premises conducting the entertainment required to be permitted by this chapter shall, at all times during the permitted operations, preserve the peace and good order in connection with the activities and shall be responsible for breaches of the peace and disturbances made and created by guests or patrons of the premises both inside the premises and after leaving the premises but remaining in front of or in the near vicinity of such place of business. The person owning or operating the premises shall, if ordered by the chief, maintain at the place of entertainment, private security by persons approved by the chief and shall be responsible for all costs related thereto.

(Ord. 17.3 § 2(part), 1998)