Ventura Municipal Code § 10.450.080 Parking requirements

8 Cross reference(s): Amusements, Chapter 6.50.

“Entertainment,” “acting as an entertainer,” shall include the furnishing of a source of amusement, a diverting or amusing performance, of whatever nature, either for or without compensation and shall include, without excluding other means, the furnishing of vocal or instrumental music, so-called floor shows, or the permitting or allowing any waitress, hostess, or other female attendant or other female person to be present, to display her person, or to participate in any performance in such place, unclothed or in such attire, costume or clothing so as to expose to public view any portion of either breast at or below any part of the areola thereof, or to expose any part of the pubic region or anal region or crease of the buttocks of any such female person. “Entertainment” does not include the receiving and caring for guests solely by way of furnishing food or refreshment and service therewith, except as otherwise provided herein.

“Intoxicating liquor” shall mean any alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

“License board” means the city council. (Code 1971, § 6141)

It shall be unlawful for any person to conduct, carry on, or operate, or for any person to assist in the conduct, carrying on or operation of any public dance or of any place open to the public where dancing is permitted, or where dancing takes place, and where, at the time dancing takes place, or within the limits of the period during which dancing is permitted, or within the limit of time during which such dance continues, intoxicating liquor is drunk, unless an unexpired and unrevoked written permit therefor issued as hereinafter provided is in effect. (Code 1971, § 6142)

It shall be unlawful for any person to conduct, carry on, or operate, or for any person to assist in the conduct, carrying on, or operation, of any place open to the public where entertainment is furnished or permitted to be furnished, where within the limits of the period during which such entertainment is furnished or permitted, food or beverages are sold, unless an unrevoked and unexpired written permit therefor issued as herein provided is in effect. It shall be unlawful for any person to act as an entertainer, either alone or with another or others, at any place not licensed as required by this chapter or in violation of its provisions. (Code 1971, § 6143)

For the purpose of this chapter, intoxicating liquor shall be deemed to be drunk at any of the places mentioned in Sections 10.450.020 and 10.450.030 if such drinking takes place:

A. Upon the dance floor; or

B. In any part of the building wherein dancing or entertainment takes place when that part of the building is open to the public; or

C. Upon premises appurtenant to the building in which such dancing or entertainment takes place; or

D. Upon premises used in connection with the conduct, carrying on, or operation of any of the places mentioned in Sections 10.450.020 and 10.450.030. (Code 1971, § 6144)

A. Generally. Any person desiring to obtain a permit or renew a permit to conduct or carry on any place as in this chapter provided shall file an application in writing with the manager, specifying by street and number the place where the business is proposed to be conducted or carried on. Such application shall be verified by the applicant, shall contain the applicant’s residence address, and, in addition to such matters, shall set out information in such manner and form as the manager shall prescribe. Upon the filing of such application, the manager shall consider the same and shall make such investigation as they shall deem proper, whereupon they shall issue such permit if they find that the activity is not prohibited by any federal, state or local law, rule or regulation, is not prohibited in the particular location by the provisions of Title 8, and no grounds for denial are found to exist. The manager shall disapprove of the application if the manager finds that any of the following grounds for denial exist, subject to Sections 1.05.120 and 1.05.130:

1. That the music or noise at the proposed location of the activity would so interfere with or has interfered with the peace and quiet of a substantial number of persons dwelling in the vicinity so as to deprive them of the reasonable enjoyment of their property; or

2. That the premises where the activity is to be conducted is so unfit for its intended use that such premises fail to provide adequate off-street parking facilities, noise control, ingress or egress, lighting requirements, occupancy limitations, fire protection, or like restrictions that affect the health, safety and welfare of patrons or surrounding property owners; or

3. That the permitted activity in the proposed location would result in exceptional difficulty in the enforcement of federal, state, or municipal laws and regulations by the police; or

4. That any of the grounds for disciplinary action exist; or

5. That the applicant, their agent or employee, or any person connected with the applicant as partner, director, officer, stockholder, associate, or manager has committed or aided or abetted in the commission of any act or act of omission which, if committed by a permittee, would be grounds for disciplinary action under this chapter; or

6. The applicant, their agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has been refused a permit or had a permit revoked or has been an officer, director, member, partner, or manager of any person who has been refused a permit or had a permit revoked by the city.

B. Denial – Consideration by License Board. In the event the manager shall deny the application, the manager shall, upon the written request of the applicant, submit the said application to the license board which board shall hold a public hearing on such application. The applicant shall cause to be published a notice of public hearing two times at intervals of not less than five days, within the 15-day period following the submission to the board, in a newspaper of general circulation in the city. The city clerk shall give notice by mail to all property owners within 300 feet of the proposed business and shall cause a suitable notice to be posted at the location where the business is to be conducted. Such notices shall be approved by the city and designed to inform the public as to the nature of the requested permit, its location, the names of the applicants, the time of the public hearing and the right of persons to object to the granting of a permit hereunder. Any interested person may file written protests or objections, or appear at the hearing. The board shall give consideration to all such protests in reaching a decision on such application. The board may grant or deny the request on the grounds listed in subsection A of this section.

C. Expiration. Said permit, if issued, whether by the manager or by said board, shall be permissive only as to the business and the location therein designated, and shall expire by limitation of time six months after its date of issuance.

D. Rules and Regulations. The council may adopt reasonable rules and regulations not inconsistent with this chapter for the granting of permits hereunder and the conduct of the permitted activities. The city manager may adopt reasonable rules and regulations not inconsistent with this chapter or rules and regulations of the council, for the granting of permits hereunder and the conduct of the permitted activities. Copies of such rules and regulations shall be furnished to each permittee. Failure to comply with such rules and regulations, after notice thereof as provided above, shall be a misdemeanor and shall be grounds for revocation of the permit. (Code 1971, § 6145)

A. Generally. The license board may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any permittee and may suspend for a period not exceeding one year or revoke the permit of any permittee who commits any one or more of the acts or omissions constituting grounds for disciplinary action under this chapter. The procedure on suspension or revocation shall comply with the provisions of Sections 1.05.120, 1.05.130, and subsection B of this section.

1. Disciplinary Action, Grounds. It shall be a ground for disciplinary action if any permittee, their agent or employee, or any person connected with the permittee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of or on behalf of the permittee has:

a. Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a permit, or in any report or record required to be filed with the city; or

b. Violated any provision of this chapter or of any law, rule, or regulation relating to their permitted activity or premises; or

c. Been convicted of a felony or any crime involving theft, embezzlement or moral turpitude; or

d. Published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of a permitted business; or

e. Operated the permitted business or premises in a manner which is contrary to the public health, morals, safety, peace, or general welfare.

B. Notice. No such permit shall be revoked until after a hearing shall be had by said board, notice of which and of the nature of the charge being given in writing and served at least five days prior to the date thereof. Said service shall be upon the holder of such permit or upon their or its manager or agent, or upon any person of suitable age and discretion in charge of, or employed in, the permitted place, or if no such person be there found, then at the residence of the permittee, either upon the permittee personally or by leaving such notice at the place of residence with some person of suitable age and discretion. If the holder of such permit cannot be found and service cannot be made in the manner hereinbefore provided, then a copy of such notice shall be mailed, post paid, addressed to the permittee at such a place of business or residence at least five days before the date of said hearing. For the purpose of the service of such notice, the place of business, or the residence, of the permit holder shall be conclusively presumed to be the location set out in the application filed in conformity with Section 10.450.050; and it is hereby provided, that each permittee may from time to time in writing notify the manager of a change of residence address whereupon such new address shall for the purpose of this section be deemed to be the residence address set out in the application for permit. If the permit of any person to conduct or carry on any business under the provisions of this chapter shall be revoked, no permit shall be granted to such person to conduct or carry on any such business within three months after such revocation.

C. Suspension or Revocation Without Hearing. If any person holding a permit under this chapter is convicted in any court of the violation of any law or rule or regulation relative to their permit, the city manager may suspend or revoke said permit forthwith without further action thereon other than giving notice of the suspension or revocation to the permittee.

D. Civil Action. Any person whose permit as herein provided is revoked, or who is refused a permit, may, upon exhaustion of their administrative remedies, commence an action in a court of competent jurisdiction against the city manager or the license board for the purpose of obtaining relief. All the provisions of the Code of Civil Procedure relating to pleadings, proofs, trials and appeals shall be applicable to such action. (Code 1971, § 6146)

It shall be unlawful for any person conducting, carrying on, or operating any licensed premises where alcoholic beverages are sold or any place holding an entertainment or dancing permit pursuant to this chapter to permit dancing, or to furnish or permit to be furnished entertainment between the hours of 2:00 a.m. and 7:00 a.m. of any day. It shall be unlawful for any person to dance at any place specified in either of Sections 10.450.020 and 10.450.030 during the period between said hours of 2:00 a.m. and 7:00 a.m. (Code 1971, § 6147)

No permit shall be issued or renewed hereunder to a business that does not provide the parking required by this code, unless the applicant has obtained a modification of those requirements from the planning commission wherein the commission has found that adequate parking has been provided. (Code 1971, § 6148)