Tustin Municipal Code Part 3 Live Entertainment

No person shall establish, set up, maintain, conduct, or carry on any live entertainment for pay or for no charge, without first having obtained a live entertainment permit from the Director.

Sexually oriented businesses, including entertainers or performers, must obtain special permits pursuant to Tustin City Code Section 3900 et seq.

(Ord. No. 1252, Sec. II, 6-3-02)

A person shall be disqualified from receiving a permit pursuant to this Part if he or she has been convicted of illegal drug usage, drug dealing or prostitution within the last five (5) years.

No person shall be eligible to receive a live entertainment permit until such person has obtained a valid conditional use permit for live entertainment pursuant to Tustin City Code Section 9270(b).

(Ord. No. 1252, Sec. II, 6-3-02)

Upon receiving an application for a live entertainment permit, the Director shall cause to be investigated: the applicant, the place where the entertainment is to be presented, the type of entertainment proposed, and if the place is suitable for the type of entertainment proposed.

The Director shall approve or conditionally approve the permit for such entertainment if the following determinations are made based on the required investigation:

(1) The entertainment proposed is not unlawful;

(2) The place where the entertainment is to be presented is suitable for the type of entertainment proposed; and,

(3) The applicant is eligible and not disqualified from receiving the live entertainment permit.

(Ord. No. 1252, Sec. II, 6-3-02)

In addition to all other information requested on the application form, the applicant shall file all of the following with the Director:

(1) The names of any co-owners, partners, silent partners, financial supporters, and/or investors;

(2) A list of at least ten (10) entertainers with their names, addresses, phone numbers, business names, and the dates and locations or places where they worked for the applicant; and,

(3) Any other names by which the applicant is known or done business as (dba).

(Ord. No. 1252, Sec. II, 6-3-02)

A live entertainment permit shall not be required for the following:

(1) For single performers, duos, disc jockeys, or karaoke singers;

(2) For the use of a radio, record, tape, compact disc player, juke box, or television receiver;

(3) For the use of a piano, organ, or keyboard in any establishment;

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

(5) For entertainment conducted in any theater holding a valid business license;

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

(7) For sexually oriented businesses, which are regulated by Tustin City Code Section 3910 et seq.

(Ord. No. 1252, Sec. II, 6-3-02)

a Transferability

The live entertainment permit shall be nontransferable to any other person even if the type of live entertainment proposed is identical to the live entertainment authorized by a previous live entertainment permit for the same location and even if the entertainment has been provided continuously. If the ownership of a business at which live entertainment has been conducted changes such that the person in receipt of a live entertainment permit is no longer an owner, co-owner, or partner of the business, the presentation of live entertainment shall cease until a live entertainment permit has been issued to an owner, co-owner, or partner.

b Visibility

Stage or entertainment areas shall not be open to view from outside the premises.

c Employees

No business operating with a valid Live Entertainment Permit shall have any employee who has been convicted of illegal drug usage, drug dealing or prostitution within the last five (5) years.

(Ord. No. 1252, Sec. II, 6-3-02)

Whenever a permittee intends to present a different type of live entertainment than that authorized by a live entertainment permit, the permittee shall so advise the Director in writing and shall furnish such additional information as may be required. The Director may in his/her discretion authorize the permittee to present the requested type of entertainment without requiring that application for a new permit be made. Any such authorization shall be in writing and shall specify the conditions of the modified permit.

(Ord. No. 1252, Sec. II, 6-3-02)