Seaside Municipal Code Art. II Entertainment

A.

“Entertainment”

means every form of live entertainment, music, solo band or orchestra, act, play, burlesque show, fashion show, review, pantomime, scene, song or dance, act, or song and dance act or performance participated in by one or more persons for the purpose of holding the attention of, gaining the 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, advertisement, demonstration or display of goods, wares, merchandise, or service.

B.

The definition of “entertainment”

further includes, but is not limited to, where any waiter or waitress, host or hostess, or male or female attendant in such public place participates in, or allows or permits any other male or female present on the premises to participate in, any performance in such public place unclothed or in such attire, costume or clothing as to expose to public view any portion of either breast at or below the areola, in the case of a female, or any part of the pubic region or anal region or crease of the buttocks of any such person.

(Prior code § 5-318; Ord. 603 § 2, 1982)

No person shall provide or permit any entertainment in a coffeeshop, restaurant, cocktail lounge, bar, hall, theater, or other place where food or other refreshments or beverages are served, and which is open to the public, unless such person first obtains a permit to do so from the special license and permit board, as provided in Chapter 2.34 SMC.

(Prior code § 5-319; Ord. 603 § 2, 1982)

The provisions of SMC § 5.52.120 shall not be deemed to require a permit for the following:

A. For the use of a radio or music recording machine or jukebox in any establishment;

B. For any entertainment provided for members and their guests at a private club where admission is not open to the public;

C. For entertainment conducted in connection with a regularly established recreation park, school function, circus, or fairground;

D. For entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent, charitable, 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 purposes of such club, society or association.

(Prior code § 5-320; Ord. 603 § 2, 1982)

A. All establishments within the city who are providing live entertainment for their patrons shall make application for a permit as provided in SMC § 5.52.150. Such application shall be filed with the city clerk within fifteen days following the effective date of this section.

B. If any person continues to provide live entertainment, his failure to file a timely application, as required in this section, shall be deemed an infraction and subject to the penalty as provided in SMC §§ 1.12.010, 1.12.030 and 1.16.030.

(Prior code § 5-321; Ord. 603 § 2, 1982; Ord. 623 § 2, 1982)

Applicants for entertainment permits shall file a written, signed and acknowledged application with the city clerk containing:

A. The address and name of the applicant;

B. A detailed description of the entertainment, including the type of entertainment, number of persons engaged in the entertainment, and any further information about the entertainment that the board may deem necessary;

C. The date, hours, and location where the entertainment is proposed and the admission fee, if any, to be charged;

D. The name or names of the person or persons managing or supervising the applicant’s business;

E. A statement of the nature and character of the applicant’s business, if any, to be carried on in conjunction with such entertainment;

F. Whether or not the person or persons managing or supervising the applicant’s business have been convicted of a crime, the nature of such offense, and the sentence received therefor;

G. Such other reasonable information regarding the identity or character of the person or persons managing or supervising the applicant’s business as the board may deem necessary.

(Prior code § 5-322; Ord. 603 § 2, 1982)

A fee in accordance with the fee schedule on file in the City Hall shall be paid to the director of finance for each application filed for the purpose of defraying the administrative costs associated with the processing of such application.

(Prior code § 5-323; Ord. 603 § 2, 1982)

No permit shall be issued in the event it is determined that:

A. Based upon the number of persons anticipated, there are insufficient doorways, stairways, or other means of ingress or egress to permit the safe departure of the persons occupying the premises and adequate access for police, firemen, and other emergency personnel in case of a fire or public disturbance.

B. The proposed entertainment would be in conflict with or violate any building, health, safety, zoning or other law, ordinance, or regulation.

C. Sanitation and food and beverage handling practices are inadequate and do not comply with commonly accepted sanitation procedures.

D. The building in which the entertainment is to be conducted is not structurally adequate for the number of people to be accommodated or does not have adequate ventilation for the groups or is constructed of or contains flammable or otherwise dangerous material.

E. The proximity of the entertainment location to residential property would disturb the quiet enjoyment of such residential property by the occupants thereof.

F. Nude waiters or waitresses are to be employed by the applicant in connection with the serving of food and beverages.

G. Nude entertainers are to be employed by the applicant for the purpose of performing actual sexual intercourse, or simulated sexual intercourse, or simulated acts of the infamous crime against nature, or any other lewd or lascivious act, calculated to appeal to the prurient interest of occupants of the premises and affront the contemporary community standards of decency.

(Prior code § 5-324; Ord. 603 § 2, 1982)

No permit shall be transferable as to ownership.

(Prior code § 5-325; Ord. 603 § 2, 1982)

All business establishments wherein there will be located an on-sale alcoholic beverage license for any type of alcoholic beverage shall first secure a use permit. The applicant for such use permit shall show as a condition for the granting thereof that the proposed use will not be detrimental to the neighborhood wherein such use is proposed by reason of creating too great a density of establishment selling on-sale alcoholic beverages. The city council declares that the existence of a concentration of such establishments (more than one within a radius of three hundred feet in a small area) tends to destroy the commercial character of the area, depreciates the value of properties used for other commercial purposes, creates police problems peculiar to said on-sale tavern or bar operations and creates parking and traffic problems.

(Prior code § 5-326; Ord. 603 § 2, 1982)