HomeMy WebLinkAboutCC ORD 1977-1558 Adds Ch. 6.43, live entertainment (6.43)ORDINANCE NO. 1558
AN ORDINANCE OF THE CITY OF NATIONAL CITY
TO ADD CHAPTER 6.43 TO THE NATIONAL CITY
MUNICIPAL CODE REGULATING LIVE ENTERTAIN-
MENT, DANCES, DANCE HALLS AND CABARETS IN
THE CITY OF NATIONAL CITY
The City Council of the City of National City,
California, does ordain as follows:
SECTION 1. There is hereby added to the Municipal
Code of the City of National City, Chapter 6.43, which is to
read as follows:
Chapter 6.43
LIVE ENTERTAINMENT
6.43.010. Permit Required. No person shall perform,
conduct or allow the conduct of any act of entertainment in any
place of entertainment, as the performer, owner or operator of
such place, without first obtaining a permit therefor, in the
manner hereinafter set forth in this Ordinance.
6.43.020. Live Entertainment Defined. The term
"live entertainment" as used in this chapter shall not include
entertainment provided solely by the use of a radio, television,
music recording machine or juke box, or any entertainment pro-
vided under the supervision of school authorities, City of
National City, or any non-profit organization or service club.
However, it shall include any presentation or activity of any
nature which is designed, or intended to, divert, amuse, or
attract the attention of persons observing such presentation
or activities, including any type of presentation, but not
limited to, any type of presentation in which live entertainers
or performers appear before an audience of any number of persons.
The mere presence of any employee in such public place, un-
clothed or in such attire, costume, or clothing as to expose
to public view any portion of either breast at or below the
areaola thereof of any female or of any other private part of
any such employee, or the permitting or allowing of any other
person present on the premises to participate in any perform-
ance in such public place, unclothed or in such attire, costume
or clothing, shall constitute "live entertainment" within the
meaning of the term as used in the preceding section.
6.43.030. Applications. Any person required to ob-
tain a permit pursuant to this Ordinance, shall file a written
application therefor, with the Chief of Police. Written ap-
plication forms for such permits shall be prepared by the Chief
of Police, which shall require thereon such information as he
deems necessary to carry out the purposes of this Ordinance,
which shall be approved as to form by the City Attorney.
6.43.040. Permit Fees. The following filing and
processing fees shall be paid contemporaneously with the filing
of a permit application:
1. Cocktail Waitress $ 2.00
2. Dancers $ 5.00
3. Topless and/or Bottomless Dancers . $10.00
4. Owner, Manager or Operator if Other
than the Licensee of a Licensed
Cabaret $10.00
5. Owner of Licensed Cabaret . $10.00
If the owner of a licensed cabaret has previously paid the
investigation fee required by this code this permit fee shall
be waived.
6.43.050. Application Investigation. The Chief of
Police, upon receipt of a written application for a permit,
shall conduct an appropriate investigation to determine whether
said permit should be issued in accordance with the provisions
of this Ordinance as hereinafter set forth. The Chief of Police
shall consider any relevant factual material relating to such
application. The Chief of Police shall issue an entertainment
permit required by this Ordinance only if he finds that:
a. A written application form therefor has been
filed;
b. The required filing and processing fee therefor
has been paid to the Treasurer; and
c. As a result of his investigation that all ap-
plicable provisions of this Ordinance, with regard to
such permit application have, or will be, met.
6.43.060. Permit. Issuance. Denial.
a. Issuance. The Chief of Police shall issue a per-
mit, based upon his investigation, if he finds:
1. That the operation, as proposed by the ap-
plicant, if permitted, would comply with all applicable
laws, including but not limited to the City's building,
zoning and health regulations; and
2. That the applicant, and any other person
who will be directly engaged in the management and opera-
tion of the place of entertainment, one who participates
in an act of entertainment:
(a) Have not been convicted in a court of
competent jurisdiction, by final judgment, of:
(1) An offense involving the presenta-
tion, exhibition, or performance of an obscene
production, motion picture, play or act; nor
(2) An offense involving lewd conduct;
nor
(3) An offense involving the use of
force and violence upon the person of another;
nor
(4) An offense involving misconduct
with children;
(b) Has not allowed or permitted acts of
sexual misconduct to be committed in prior business
operations.
3. That the applicant has not knowingly made
any false, misleading or fraudulent statement of facts
in the permitapplication, or any other document required
by the City in conjunction therewith.
b. Conditions. Permits may be issued conditionally,
in order to insure compliance with the provisions hereof.
c. Denial. If the Chief of Police finds any of the
facts, as set forth in Subparagraph "a" hereof, are present,
he shall decline to issue the permit as requested.
6.43.070. Notice of Decision. Within ten (10) days
after reaching a determination with reference to a permit ap-
plication, the Chief of Police shall give written notice of his
decision and the reasons therefor to the applicant and to any
other person requesting such notice.
6.43.080. Appeal. Any applicant aggrieved by the
decision of the Chief of Police with reference to the issuance,
conditional issuance or denial of a permit, shall have the
right of appeal. An appeal must be perfected within fifteen
(15) days after the service of notice of decision by filing
with the City Clerk, a letter of appeal briefly stating therein
the basis for such appeal, together with a filing and processing
fee in the sum of $5.00.
Upon receipt of such letter of appeal and fee, the
City Clerk shall immediately set the matter for consideration
by the City Council at its next regularly scheduled meeting.
The City Clerk shall give the appealing party and any other
person requesting the same, at least five (5) days written
notice of the time and place of such hearing.
At the time and place set for the hearing upon the
appeal
from the decision of the
Chief of Police, the City
Council shall give the appealing party, and any other interested
party, a reasonable opportunity to be heard, in order to show
cause why the determination of the Chief of Police
upheld. In all such cases, the burden of proof to
action taken by the Chief of Police was arbitrary,
should not be
show that the
capricious or
in excess of his authority, shall be upon the appealing party.
The determination of the City Council shall be final and con-
clusive.
6.43.090. Suspension. The Chief of Police shall
suspend any permit issued hereunder, if he finds that:
a. The operation, as conducted by the applicant does
not comply with all applicable laws, including but not limited
to the City's building, zoning and health regulations; and
b. The applicant, and any other person who will be
directly engaged in the management and operation of the place
of entertainment, other than one who participates in an act of
entertainment, has
1. Been convicted in a court of competent juris-
diction, by final judgment, of:
(a) An offense involving the presentation,
exhibition, or performance of an obscene production,
motion picture or play; nor
(b) An offense involving lewd conduct; nor
(c) An offense involving the use of force
and violence upon the person of another; nor
(d) An offense involving misconduct with
children.
2. Allowed or permitted acts of sexual miscon-
duct to be committed at the place of entertainment.
c. The applicant has knowlingly made any false, mis-
leading or fraudulent statement of fact in the permit appli-
cation, or any other document required in conjunction therewith.
The determination of the Chief of Police with regard
to matters of suspension shall be appealable in the time and
manner set forth in Section 6.43.080 hereof.
The Chief of Police, in the case of such suspension,
shall serve the permittee with a written Order of Suspension,
which shall state the reasons for such suspension. The said
Order shall be effective immediately if personally served, or
forty-eight (48) hours
course of transmission
after the same has been deposited in the
in said United States Postal Service.
Immediately upon such an Order becoming effective,
the permittee shall cease all operations under such permit.
The Order of Suspension shall be deemed a revocation
of the permit to which it relates unless the permittee, within
fifteen (15) days after personal service of such Order, or
fifteen (15) days after the said Order is deposited in the
course of transmission in the United States Mail, files an
appeal from said Order, in the manner set forth in Section
6.43.080 hereof.
Where an appeal is taken, the Order shall be stayed
pending a determination thereon by the City Council which
shall act upon the same in the manner set forth in Section
6.43.080 hereof. Such determination shall be final and conclu-
sive.
6.43.100 Posting or Exhibiting Permits issued pur-
suant to this Ordinance shall be posted on the premises where
the business or enterprise for which the permit is issued is
conducted and shall. remain so posted during the period the
permit shall be in force.
6.43.110 Duration. Permits issued pursuant to this
Ordinance shall be valid until revoked or abandoned.
6.43.120 Transfer of Permit. No permit shall be
transferable from one person to another or for use at another
location except with the written consent of the Chief of Police.
An application for such a transfer shall be in writing and shall
be accompanied by a filing and processing fee of $10.00, the
same to be filed with the Chief of Police. The written applica-
tion for such transfer shall contain the same information as
required herein for an initial application for such a permit.
6.43.130. Penalties. Any person who violates any
of the provisions of this Ordinance shall be guilty of a mis-
demeanor and shall be punishable therefor by a fine of not
more than Five Hundred Dollars ($500.00) or by imprisonment in
the County Jail for a period of not more than six (6) months
or by both such fine and imprisonment.
6.43.140. Validity. If any section, subsection,
sentence, clause or phrase of this ordinance is for any reason
held to be invalid, such holding or holdings shall not affect
the validity of the remaining portions of this ordinance. The
Council hereby declares that it would have passed this ordinance
and each section, subsection, sentence, clause and phrase there-
of, irrespective of the fact that any one or more sections, sub-
sections, sentences, clauses or phrases be declared invalid.
SECTION 2. For the purposes of this ordinance,
"Cabaret" is defined as a cafe, restaurant, bar or other public
establishment where entertainment is provided by any person re-
quired to obtain a permit pursuant to Section 6.43.010, Chapter
643 of this Code.
SECTION 3. It shall be unlawful for the owner,
proprietor, manager or person in charge, or any employee of a
cabaret licensed under the provisions of this chapter to allow
upon the licensed premises any entertainment by any person,
employee, independent contractor, or patron or customer without
the permit required by Section 6.43.010, Chapter 643 of this
Code. Entertainment must be only upon a stage, platform or
dance floor during the progress of the entertainment. The
owner, proprietor, manager or person in charge of any cabaret
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 ingress and egress of the en-
tertainer to the stage, platform or dance floor where such
entertainment is being presented.
SECTION 4. This ordinance shall take effect thirty
(30) days after its passage, and the City Clerk of the City of
National City is directed to publish it once within fifteen (15)
days of its passage in the National City Star News, a newspaper
of general circulation in the City of National City.
PASSED AND ADOPTED this 1st day of March, 1977.
ATTEST:
Passed and adopted by the Council of the City of National City, California,
on Max.ch.. X.,.. .1977 by the following vote, to -wit:
Ayes: Councilmen Cawacb.a,..Moxgan,
Nays: Councilmen I� i
Absent: Councilmen None
Abstain: Councilmen Non?
AUTHENTICATED BY:
KILE MORGAN
By:
Mayor_ of the City of National City, California
City Clerk;'of the City of National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on
and on
March 1, 1977
February 22, 1977
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. 1558 of the City of National City, passed
and adopted by the Council of said City on .. March..1.,...19.77
(Seal)
By:
City Clerk of the City of National City, California
Deputy