Stanton Municipal Code Ch. 5.20 Cabarets, Dances, Dance Halls, Pool Halls, Billiard Halls, Bowling…

Note: Prior history: prior code §§ 5.20.010—5.20.030 and 5.20.080— 5.20.100.

For the purpose of the provisions regulating dances, dance halls, pool halls, billiard halls, family billiard halls, bowling alleys and similar businesses under this chapter, the following words and phrases shall be construed to have the meanings set forth in this section, unless it is apparent from the context that a different meaning is intended.

"Applicant"

means any person or entity desiring to obtain a permit to operate an establishment under this chapter, including each and every owner of the proposed establishment. If the applicant is a corporation or LLC, the name of the corporation or LLC shall be set forth exactly as shown in its organizational documents, together with the names and residence addresses of each of the officers, directors, and each and every person owning a ten percent or more interest. 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 or LLC, the provisions of this section pertaining to a corporate or LLC applicant shall apply. If a corporation, company or a partnership is an applicant, then the identifying information required in this section as to the "applicant" shall be provided also as to such stockholders, directors and/or partners as the case may be and a permit may be issued or denied if such stockholders, directors and/or partners do or do not satisfy the requirements and standards imposed by this chapter.

"Cabaret"

means a business establishment that is often a restaurant, café or other business providing food and/or drinks and which provides, in conjunction with the service of such food and/or drinks some form of entertainment on a regular and substantial basis, including such customary entertainment as music, dance, or other floor show. In common usage, the entertainment at a cabaret is often of an improvisatory, satirical, or topical nature, and is often provided by employees or independent contractors of the business, rather than patrons or customers, or is only engaged in by customers on a minimal basis as part of occasional or insignificant audience participation in the show. Notwithstanding this definition or any of the provisions of this chapter, the term cabaret shall not include a business providing adult-oriented live entertainment or an adult business, which shall be governed by Chapters 5.54, 5.58, 5.65 and Section 20.460.040, or other provisions of this code or other laws and regulations specifically regulating such businesses or such entertainment.

"Family billiard hall"

means any billiard hall wherein minors are permitted to play billiards under the provisions of this chapter.

"Pool hall" or "billiard hall"

means a hall or structure wherein the games of pool or billiards are played by the public. Such games are played with cue sticks on rectangular tables with or without pockets, using one to fifteen balls. One or more pool or billiard tables shall constitute a pool hall or billiard hall which shall require a pool hall or billiard hall license. Three or fewer pool tables may be a permitted as an accessory use to a bona fide restaurant (not including fast food restaurants), tavern, private club and other commercial entertainment uses. For purposes of this section, pool halls and billiard halls shall be considered the same and reference to one shall include the other.

"Public dance"

means and includes any dance not held or given in a private home or residence. "Public dance hall" means and includes any room, place or space, except a private home or residence, where dancing is carried on and where the permittee provides instrumental music by more than one musician, singing by any person other than a musician or music by records, tapes, discs or other recording or sound production equipment or devices. An occasional dance for which a special permit has been obtained from the city manager shall not be considered a public dance hall or public dance. The term "public dance" shall not apply to an occasional dance held by a group or association for which a special permit has been obtained from the city manager. The manager, owner or person in charge of the premises and the group or association desiring to hold an occasional dance shall make written application to the city manager not less than fourteen nor more than sixty days prior to the holding of such dance. If the city manager determines that it is in fact an occasional dance, that the premises are not regularly and primarily used to hold public dances, that proper policing of the dance and premises will be afforded and that the peace and quiet of the neighborhood will not be disturbed, he or she shall issue such special permit; otherwise he or she shall deny it. An occasional dance permit shall not be required for a dance held at a social club, at a hotel with a conditional use permit or other license, or at a public school on school property and conducted as a school function. Alcoholic beverages may be served and consumed at an occasional dance provided appropriate permission to do so is received under the State Alcoholic Beverage Control Act and from the city manager. Each applicant for an occasional dance shall pay a nonrefundable investigation fee as set by a resolution of the city council. Incidental services may include the sale of alcoholic beverages if approved by the Alcoholic Beverage Control Board of the state, sale of nonalcoholic beverages, or serving of food, sandwiches or snacks.

(Ord. 748 § 2, 1993; Ord. 837 § 1, 2000; Ord. 986 § 10, 2011)

A. Permit Required. No person shall carry on, maintain or conduct any cabaret, public dance hall, public dance, billiard hall, pool hall, family billiard hall or bowling alley in the city without first obtaining a permit therefor from the city in accordance with the provisions of this chapter.

B. The provisions of this chapter shall not apply to an occasional dance held by a group or association for which a special permit has been obtained from the city manager. The manager, owner or person in charge of the premises and the group or association desiring to hold such occasional dance shall make written application to the city manager not less than fourteen nor more than sixty days prior to the holding of such dance. If the city manager determines that it is in fact an occasional dance, that the premises is not regularly and primarily used to hold public dances, that proper policing of the dance and premises will be afforded and that the peace and quiet of the neighborhood will not be disturbed, he or she shall issue such special permit; otherwise he or she shall deny it. An occasional dance permit shall not be required for a dance held at a social club, at a hotel with a conditional use permit or other license, or at a public school on school property and as a school function. Alcoholic beverages may be served and consumed at an occasional dance provided appropriate permission to do so is received under the State Alcoholic Beverage Control Act and from the city manager. Each applicant for an occasional dance shall pay a nonrefundable investigation fee as set by a resolution of the city council.

(Ord. 748 § 2, 1993; Ord. 837 § 2, 2000)

Any person desiring a permit to conduct or maintain a business or activity regulated by this chapter shall make application on forms to be provided by the city. Such application shall include the following:

A. The application must be signed by the owner, lessee, owner's agent or person in escrow to purchase the property. If the application is signed by the owner's agent, a notarized agency authorization signed by the owner shall accompany the application. Proof of status is required.

B. Alternatively, the application is acceptable if signed by the applicant and cosigned by the property owner or tenant. Proof of status is required.

C. The application shall include the applicant's mailing address, and name and phone number of the person who is responsible for providing access to the proposed use for inspection purposes.

D. The application shall list the legal form of the applicant; e.g., individual, partnership, corporation, LLC, LLP or other:

1. If the applicant is an individual, the application shall list his or her legal name, any aliases and date of birth;

2. If the applicant is a partnership, the application shall list the full and complete name of the partnership, the legal names of all partners, dates of birth, and all aliases used by all of the partners, whether the partnership is general or limited; and

3. If the applicant is a corporation or LLC, the application shall list the full and complete entity name, the date and state of its organization, evidence that the entity is in good standing, the legal names and dates of birth, and all aliases used, and the capacity of all officers, directors and principal stockholders or owners (i.e., all stockholders or owners with ten percent or more of all outstanding shares), and the names and address of the registered office for service of process.

E. The application must list whether, preceding the date of application, the applicant or any of the individuals listed pursuant to subsection D of this section, has:

1. Had a previous permit under this chapter revoked, as well as the date of such revocation; and

2. Whether the applicant has been a partner in a partnership or an officer, director or principal shareholder of a corporation or LLC whose permit under this chapter, or a similar chapter or law in another city in the county of Orange, has been revoked, as well as the date of the revocation.

F. The application must include the address of the proposed site, including the assessor's parcel number and the complete legal description of the property.

G. The application must include a detailed description of the proposed use, including references to definitions in this chapter.

H. The application must include fifteen blueline prints of a plot plan indicating all structures, existing or proposed, parking areas, landscaping, walls, driveways and curbcuts, signs, easements, topographical features, and any other pertinent items necessary to make a determination.

I. The application must include fifteen blueline prints showing all four elevations of any proposed structures and listing proposed exterior building materials. One set of elevation prints shall be colored or a materials board shall be submitted. In the case of existing buildings where a change of use is proposed and no structural changes are proposed, photographs may be accepted in lieu of elevation drawings if they show a front and rear elevation of the structure.

J. All applicants shall complete the city's environmental package for purposes of complying with the California Environmental Quality Act.

(Ord. 748 § 2, 1993; Ord. 837 § 3, 2000)

On receipt of the application, the city manager shall refer it to the various city departments for investigation. Such departments shall file their reports and recommendations regarding the granting or denial of the permit with the city manager within thirty days after the completed application is filed.

(Ord. 748 § 2, 1993)

A. The city manager shall transmit the application, together with the reports and recommendations of the city departments, to the planning commission for hearing and shall notify the applicant of the time and place of the hearing, which shall be held before the planning commission within ninety days from the date the completed application is filed. Prior to the hearing, the city manager shall give the applicant notice of the recommendations of the city departments. The hearing on the application may be held in conjunction with any land use hearing required by this code.

B. Notice of the time and place of the hearing shall also be given in accordance with the requirements of this code and by mail to each owner of property within three hundred feet of the site of the proposed use and by posting the proposed site.

C. At the hearing, if the planning commission determines that the application is complete and truthful, that where the applicant is an entity, it is a bona fide entity organized and conducted for a lawful purpose, that the applicant, the persons interested in the ownership and operation of the entity and the officers and trustees of the entity are persons who will operate and conduct the business or activity in a lawful manner and that the public peace, welfare and safety will not be impaired, the application shall be approved or conditionally approved; otherwise, it shall be denied. The applicant shall have a maximum of one hundred eighty days after planning commission approval to commence operation under the permit, and failure to do so within that period shall render the planning commission approval void, unless an extension of the compliance period is granted by the planning commission before the expiration thereof.

(Ord. 748 § 2, 1993; Ord. 837 § 4, 2000)

Notwithstanding the provisions of Section 5.20.050, if a permit application for a pool hall involves two or less pool tables, the city manager may issue such permit without a hearing by the planning commission provided none of the concerned city departments recommend denial of the permit. If denial is recommended by any department, the provisions of Section 5.20.050 shall apply.

(Ord. 748 § 2, 1993; Ord. 837 § 5, 2000)

No person who holds a permit under the provisions of this chapter for a public dance or dance hall, his agent, representative or employee, shall have, employ, furnish or keep in or about the premises, whether on salary, percentage or other method of compensation any person of either sex to act in the capacity of a dance partner. No person shall be in or about premises for the purpose of acting as a dance partner with the patrons of such place for hire, or a salary, percentage or other method of compensation.

(Ord. 748 § 2, 1993)

Failure to comply with any of the provisions of this chapter or with conditions of approval duly imposed by the city will constitute grounds for suspension, denial or revocation of the permit.

(Ord. 748 § 2, 1993; Ord. 837 § 6, 2000)

A. It is unlawful for the owner, proprietor, manager, person in charge, or any employee of a place licensed under the provisions of this chapter, to harbor, admit or receive, or to allow or permit in such place, any entertainment except that which is furnished by the person or persons who own and operate the business conducted at such place, and such entertainment, other than strolling musicians, must be only upon a stage, platform or dance floor; and the patrons, guests, or customers shall at all times be excluded from such stage, platform or dance floor during the progress of all entertainment. The owner, proprietor, manager or responsible person in charge of any place licensed under the provisions of this chapter shall provide a reasonable passageway through any part of the room used by customers, guests, or patrons for the ingress and egress of the entertainers to the stage, platform or dance floor where such entertainment is being presented. It shall be unlawful for any paid entertainers, except strolling musicians, as defined in subsection B of this section, to mingle with or physically contact the patrons, guests, or customers of such establishments during the period of time they are employed.

B. The term "strolling musician" is defined as an entertainer who performs by playing a musical instrument while moving among the patrons, guests, or customers in a place licensed under the provisions of this chapter. Strolling musicians shall be fully clothed.

(Ord. 748 § 2, 1993)

It is unlawful for the owner, permittee, manager or responsible person in charge of a place licensed under the provisions of this chapter to employ as entertainers in such place any person who is not at least eighteen years of age.

(Ord. 748 § 2, 1993)

It is unlawful for any employee, concessionaire, or employee of any concessionaire to dance or drink with patrons, guests, or customers in any place licensed under the provisions of this chapter, except in the manner lawfully authorized under the provisions of this chapter.

(Ord. 748 § 2, 1993)

It is unlawful for any employee provided for in this chapter to leave the cabaret where he or she may be employed with any guest, patron or customer of said cabaret during the hours of employment, including during breaks of an hour or less; nothing herein contained shall be construed, however, to prevent any employee of a place licensed under the provisions of this chapter from selling or serving food or drink to a customer, patron or guest of said place.

(Ord. 748 § 2, 1993)

A. No person conducting, managing, operating or maintaining a cabaret, herein called "permittee," nor any employee of a permittee shall admit into or permit to be present in such cabaret any person under the age of eighteen years unless such person is accompanied by his parent or spouse or legal guardian all over the age of eighteen years or unless admission of persons under the age of eighteen years is permitted as a condition of a license approved by the Alcoholic Beverage Control Board of the state.

B. No person shall falsely represent his age, the age of another person or his relationship to another person in or at the entrance to a cabaret, for the purpose of obtaining admittance of any person to or service in a cabaret, or for the purpose of obtaining employment in a cabaret.

(Ord. 748 § 2, 1993)

All cabarets shall be closed and all patrons and guests shall vacate the licensed premises between two a.m. and six a.m., except for cabarets that have been issued a special permit or hold a valid ABC permit to operate between two a.m. and six a.m., provided all following conditions are met:

A. That any operation thereof after two a.m. shall not conflict with any zoning law or conditional use permit;

B. That the establishment is more than three hundred feet from any single-family or multifamily residence, other than commercial hotels, motels and similar establishments for temporary lodging, measured by a straight line between the closest structural wall of the residence and the closest property line of the establishment;

C. That the licensed premises have not been operated in violation of law during the preceding six months.

(Ord. 748 § 2, 1993)

A. The city manager may suspend any permit issued under this chapter upon a determination that there has been:

1. A material false statement made in the application; or

2. That there has been a transfer of an ownership interest in the establishment or any entity which may own it; or

3. There has been a failure to comply with the provisions of this chapter or with conditions of approval duly imposed by the city; or

4. That such establishment has been operated in a manner which endangers the patrons thereof or the public health, safety or welfare or which creates nuisance conditions on the premises; or

5. Notice of any such decision by the city manager to suspend or revoke shall be given in writing, personally served or sent via certified mail to the permittee and shall be final and effective at the end of the fifth day after such service or mailing; or

6. Any suspended permit must either be reinstated by the city manager or set for revocation before the planning commission within ninety days after the suspension.

B. No permit shall be revoked until after a hearing has been held before the planning commission to determine just cause for revocation; provided however, the city manager may order a permit suspended pending such hearing.

1. The planning commission's hearing on any revocation shall be based on the criteria set forth in subsection A of this section;

2. Notice of the revocation hearing together with written notification of the specific grounds of complaint against the permittee shall be personally delivered or sent via certified mail to the permittee at least ten days prior to the hearing;

3. The planning commission shall conduct a public hearing on the proposed permit revocation and notice shall be given thereof in the same manner as for the issuance of the permit;

4. The planning commission shall make its decision to revoke or not revoke within thirty days of the public hearing; and

5. At the conclusion of the hearing, the planning commission shall revoke, reinstate or reinstate with additional or modified conditions to the permit. The planning commission's decision shall be in writing and shall be hand delivered or sent via certified mail to the applicant.

(Ord. 748 § 2, 1993; Ord. 837 § 7, 2000)

Whenever a permit has been revoked or an application for a permit has been denied, no other application for a permit shall be considered for a period of one year from the date of such revocation or denial, unless the cause of denial or revocation has been, to the satisfaction of the city manager, removed within such time.

(Ord. 748 § 2, 1993; Ord. 837 § 8, 2000)

Any permit issued pursuant to this chapter shall not be transferred or assigned to another person or entity or to another location for any purpose.

(Ord. 748 § 2, 1993; Ord. 837 § 9, 2000)

No person shall carry on, maintain or conduct any business or activity regulated by this chapter between the hours of two a.m. and six a.m.; except that this restriction shall not apply on New Year's Eve or to a graduation dance sanctioned by a state-accredited school or to licensed commercial activities carried on within the premises of a licensed bowling alley.

(Ord. 748 § 2, 1993)

The premises of all business or activities conducted pursuant to this chapter, whether public or private, shall, at all times when open to its membership or to the public, be subject to inspection by the city manager and other officers, agents and employees of the city, and no person shall hinder or obstruct such inspection. The inspection shall be limited to those areas of the premises which are available, open and used by the general public or the membership. The purpose of the inspection is to determine whether the permitted premises is being operated in compliance with the requirements set forth in the permit provisions applicable to the premises. No criminal penalty shall be imposed for failure to allow such inspection, or for delaying or obstructing such inspection but such action shall be grounds for suspension or revocation of the permit.

(Ord. 748 § 2, 1993)

A. Upon any permit required by this chapter being granted, refused, suspended or revoked, as specified in this chapter, any interested party may, within fifteen days after notice thereof has been sent by certified mail, file a written request with the city clerk for a hearing by the planning commission to review such grant, refusal, suspension or revocation. Upon the filing of such a request, the city clerk shall forward the matter to the planning commission secretary who shall set such hearing within forty-five days of the date of the city clerk's receipt of the request and, unless waived in writing by such person, shall serve a notice of the time and place thereof by certified mail to the person making such request at the address shown therein at least fifteen days in advance of such hearing. The planning commission may affirm the grant, denial, revocation, or suspension, or order the issuance, or reinstatement of any permit, or order additional conditions be imposed on the permit.

B. Any person aggrieved by the findings and determination of the planning commission after a hearing under this chapter may, within ten days after notice thereof has been sent by certified mail, file a written request with the city clerk for a hearing by the city council to review such grant, refusal, suspension or revocation. Upon the filing of such a request, the city clerk shall set such hearing within forty-five days and, unless waived in writing by such person, shall serve a notice of the time and place thereof by certified mail to the person making such request at the address shown therein at least fifteen days in advance of such hearing. The council may affirm the grant, denial, revocation, or suspension, or order the issuance, or reinstatement of any permit, or order additional conditions be imposed on the permit.

(Ord. 748 § 2, 1993; Ord. 837 § 10, 2000)

No person owning, controlling, managing or having charge of any pool hall or billiard hall shall allow, suffer or permit any person under the age of eighteen years to visit, frequent or be present at, in or about such place, unless such person under the age of eighteen years is accompanied by such person's parent or legal guardian or unless admission of persons under the age of eighteen years is permitted as a condition of a license approved by the Alcoholic Beverage Control Board of the state.

(Ord. 748 § 2, 1993; Ord. 837 § 11, 2000)

No person under the age of eighteen years shall visit, frequent or be present at or in any pool hall or billiard hall unless such person is accompanied by such person's parent or legal guardian or unless admission of persons under the age of eighteen years is permitted as a condition of a license approved by the Alcoholic Beverage Control Board of the state.

(Ord. 748 § 2, 1993; Ord. 837 § 12, 2000)

Notwithstanding any other provisions of law, minors under the age of eighteen years shall be permitted to enter and remain in a family billiard hall existing and operating lawfully under the provisions of this chapter.

(Ord. 748 § 2, 1993; Ord. 837 § 13, 2000)

Permits to operate family billiard halls shall be issued upon and subject, but not limited to, the following conditions:

A. Physical Environment.

1. Halls shall be located at street level or that level which most approximates street level;

2. A clear and unobstructed view of the entire interior of the hall shall be visible from entrance to such hall;

3. No partitions forming rooms, stalls or other enclosures within which the public may congregate shall be permitted within the hall. However, this shall not prohibit the maintenance of washrooms, toilet rooms or storage closets;

4. The hall shall be maintained in a separate room from other business activities of the owner or operator of such room;

5. No alcoholic beverages shall be sold, consumed or made available in family billiard halls;

6. Aisle widths between pool or billiard tables shall be at least forty-four inches;

7. Pool cues shall be located within a secure place, such as behind a counter area and shall be made available to patrons only through a checkout system;

8. The window glass along the pool hall frontage shall be kept clean, transparent and unobstructed so that all parts of the room are visible at all times from the exterior of the premises; and

9. The entire premises shall be constructed as a single room and shall be open to view from the entrance, apparently for police observation capability. There shall be an unimpaired line of sight to permit visibility through exterior windows to the inside of the premises.

B. Conduct.

1. Behavior within family billiard halls shall conform to all laws and ordinances in addition to the provisions of this chapter. Sufficient adult supervision shall be provided by management to assure compliance with such laws and ordinances. The owners, managers and operators, and each of them, of a family billiard hall shall be strictly responsible for the enforcement of any rules and regulations promulgated for the operating of such hall, and shall not permit any person violating any law, ordinance, rule or regulation to remain in the family billiard hall;

2. No persons shall bring any form of alcoholic beverage into a family billiard hall. No person in an intoxicated condition shall enter or remain in a family billiard hall; and

3. No person having charge or control of any family billiard hall shall permit any person to enter or remain therein who has any form of alcoholic liquor in his possession, or permit any intoxicated, boisterous or disorderly person to enter, be or remain in any family billiard hall.

(Ord. 748 § 2, 1993; Ord. 837 § 14, 2000)

Persons under the age of eighteen years may enter and remain in family billiard halls and play billiards therein with the following limitations:

A. Persons under the age of eighteen years may be present in a family billiard hall and engage in the game of billiards, unaccompanied by a parent or guardian, if the parent or guardian of such person has signed and filed with the owner, manager or operator of the family billiard hall a consent form of a type approved by the city manager. Such form must be signed by the parent or guardian in the presence of the owner, manager or operator.

B. No person having charge or control of any family billiard hall shall allow a person under the age of eighteen years to enter and remain therein after the receipt of a notice signed by the parent or guardian of such minor or person in which notice the parent or guardian has requested that the minor be prevented from entering or remaining in any such premises.

(Ord. 748 § 2, 1993; Ord. 837 § 15, 2000)

A. Physical Environment. The provisions of Section 5.20.240(A)(1) through and including (9) shall be applicable to all pool and billiard halls.

B. Conduct.

1. Adequate security shall be provided by the permittee/operator so as to minimize the incidence of criminal conduct and nuisance conditions both inside and outside the premises. Measures required by the city as a condition of issuance of a permit may include, but not be limited to, location of security guards with distinctive uniforms to create a visual deterrent presence on the interior and exterior of the premises and stated hours of security presence. Security personnel may be required to monitor the activities of patrons leaving the premises up to a distance of three hundred feet from the premises. The planning commission shall have continuing jurisdiction to modify or amend any of the required security measures after notice to the operator and an opportunity to be heard; and

2. Video monitoring of the interior and exterior of premises, and retention of the tapes, may be required; and

3. Registration of pool cue users may be required; and

4. Behavior within billiard halls shall conform to all laws and ordinances in addition to the provisions of this chapter. Sufficient adult supervision and security shall be provided by management to assure compliance with such laws and ordinances. The owners, managers and operators, and each of them, of a billiard hall shall be strictly responsible for the enforcement of any rules and regulations promulgated for the operating of such hall, and shall not permit any person violating any law, ordinance, rule or regulation to remain in the billiard hall or in the parking area(s) provided by such hall; and

5. No person having charge or control of any billiard hall shall permit any person to enter or remain therein who is obviously intoxicated, unreasonably boisterous or disorderly.

(Ord. 837 § 16, 2000)