Upland Municipal Code Ch. 9.28 Live Entertainment

Note: Prior ordinance history: Ords. 774, 817, 1035 and 1558.

"Live entertainer"

means any person who engages in live entertainment.

"Live entertainment"

means every form of live entertainment, music, band or orchestra, act, play, revue, pantomime, scene, song or dance act participated in by one or more persons.

(Prior code § 4280.2)

No person shall operate, conduct, or manage any public place where food or beverages are sold, offered for sale, or given away, or where any form of live entertainment is provided or furnished without a written permit from the city.

(Prior code § 4280.3)

A. For live entertainment involving specified sexual activities or specified anatomical areas, as defined in Upland Municipal Code Chapter 17.122, Adult Businesses, the provisions of Chapter 17.122 shall apply. The issuance of a valid adult business permit which includes a provision for the proposed live entertainment shall be deemed to satisfy the requirement for a live entertainment permit.

B. The provisions of this section shall not be applicable when a live entertainer, band, orchestra, or instrumental group with or without a vocalist performs at a dance, café, or public place for the purpose of providing music for dancing and the person or persons conducting, presenting, or managing such dance have a current dancehall, dancing club, public dance permit; or a restaurant, tavern, theater, or night club for which a conditional use permit has been issued indicating approval of live entertainment.

C. No live entertainment permit shall be required if the person engaged in the operation of live entertainment has a valid special event permit for a grand opening, carnival, circus, or similar temporary special event and the live entertainment is permitted therein.

D. No permit hereunder shall be required of any bona fide religious, charitable, benevolent, or education organization, or united service organization, or any entertainment provided for members and their guests at a private club or home where admission is not open to the public.

(Prior code § 4280.4)

Applicants for live entertainment permits shall file a written application with the business license division showing:

A. The exact name and permanent address of applicant;

B. A detailed description of the entertainment, including type of entertainment, number of persons engaged in the entertainment, the exact names and addresses of each entertainer, purpose of the entertainment, and any other information about the entertainment as the finance director may deem necessary;

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

D. The exact name or names of the person or persons having the management or supervision of applicant's business;

E. The name or names of the person or persons who are the legal owner or owners of the premises where the applicant proposes to operate the business;

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

G. A statement of whether or not the person or persons having the management or supervision of the applicant's business have been convicted of any crime, the nature of such offenses, and the sentence received therefor;

H. Such other reasonable information as to the identity or character of the person or persons having the management or supervision of the applicant's business and also as to the identity or character of the entertainer(s) who will be used.

(Prior code § 4280.5)

A fee shall be paid upon filing of each application for a live entertainment permit, as set by a resolution of the city council.

(Prior code § 4280.6)

A. The provisions of this section shall govern the power of the city to issue, deny, suspend, or revoke a live entertainment permit for the business.

B. After the applicant makes and files the application with the business license division and pays the application fee, the business license division shall refer the application to the chief of police for investigation. After the chief of police completes the investigation, the chief shall then make a full and complete report of the results of the investigation to the business license division together with a recommendation as to whether the business license division should grant or deny the permit.

C. After a review and investigation, the business license division shall issue a live entertainment permit unless any city department involved in the review of the permit recommends denial based on the findings as follows:

1. That the business for which a permit is required herein, will be carried on in a building, structure, and location which does not comply with the requirements and meets the standards of the health, zoning, fire, and safety laws of the state of California and ordinances of the city applicable thereto;

2. That the applicant, his or her employee, agent, partner, director, officer, stockholder, or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for permit, or in any report or record required to be filed with the city;

3. That the applicant has had a live entertainment permit revoked by the city within two years of the date of application;

4. That the live entertainment permit is for a business prohibited by a local or state law, statute, rule, or regulation, or prohibited in the particular location by the provisions of this code;

5. That the applicant is under the age of 18 years;

6. That the applicant, his or her agent, employee, and/or entertainers, or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate, or manager has not committed or aided or abetted in the commission of any act or act of omission which if committed by a permittee would be a ground for revocation of the permit under this section;

7. That the applicant, his or her agent, or employee, or entertainer in the establishment, or any person connected or associated with the applicant as a partner, officer, director, stockholder, associate, or manager has been refused a live entertainment permit or had a live entertainment permit revoked, or has been an officer, member, director, partner, or manager of any person who has been refused a permit or had a permit revoked by this city;

8. That the granting of the permit would be detrimental to the public peace, health, safety, morals, or welfare of the city or its inhabitants either by reason of the character of the applicant, the nature of the business, or the manner in which the business is proposed to be conducted.

D. The police chief may require such conditions be placed on the live entertainment permit as deemed necessary in the interests of the public health, safety, and welfare.

(Prior code § 4280.7)

Any permit granted in pursuance to Section 9.28.060 shall be renewable annually by the business license division upon the written application of the applicant and a finding that the applicant has not committed any offense or committed any act during the existence of the permit which should give grounds to deny the permit or refuse the renewal or to revoke the permit. The renewal shall be conducted in the same manner as required for the issuance of the permit.

(Prior code § 4280.8)

It is unlawful to operate, conduct, carry on, or participate in any live entertainment as defined in this chapter between the hours of 2:00 a.m. and 9:00 a.m.

(Prior code § 4280.9)

The provisions for the suspension or revocation of a live entertainment permit shall be the same as those for an adult business permit in accordance with the provisions of Upland Municipal Chapter 17.122.

(Prior code § 4280.10)

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable therefor by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

(Prior code § 4280.11; Ord. 1812 § 1(B), 2006)