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HomeMy WebLinkAbout3082 1 ORDINANCE NO. ~Q~ 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDI- NANCE N0. 763 ENTITLED IN PART""AN ORDINANCE PROVIDING FOR THE 3 LICENSING OF BUSINESS ," AND REQUIRING A PERMIT FOR THE PRO- VIDING OF ENTERTAINMENT IN ANY PLACE OF ENTERTAINMENT. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS. FOLLOWS; 6 SECTION 1. Ordinance No. 763 Section Forty-One Subsection 7 (a) is hereby amended to read as follows: 8 (a) PERMIT REQUIRED, No person shall conduct or allow 9 the conduct of any act of entertainment in any place of entertain 10 ment, as the owner, manager or operator of such place, without 11 first obtaining a permit therefor, in the manner hereinafter set 12 forth in this Ordinance. 13 SECTION 2. Ordinance No, 763 Section Forty-One Subsection 14 (b) is hereby amended to read as follows; 15 (b) DEFINITIONS. For the purpose of this Ordinance certain 16 words and phrases shall be construed herein as set forth in this 17 Section, unless it is apparent from the context that a different 18 meaning is intended. 19 (A) Entertainment shall meano 20 (1) Any act, play, review, pantomine, scene, 21 dance act, or song and dance act, performed by one or more person , 22 whether or not such person or persons are compensated for such 23 performance; or 24 (2) Any fashion or style show, except; 25 (a) When the same is conducted by a non-profit 26 club, organization or association, as a part of the social activ- 27 ities of such club, organization or association, to which members ' 28 of the general public are not invited; or 29 (b) When the same is conducted by a person as 30 a part of a commercial business which primarily involves the sale 31 or manufacture of clothing or wearing apparel, 32 (B) Permit shall mean a permit required and issued 6 1 pursuant to the provisions of this Ordinance. 2 (C) Notice shall mean written notice, given by per- 3 sonal service upon the addressee, or, given by United States Mail 4 postage prepaid, addressed to the person to be notified at his 5 last known address. Service of such notice shall be effective 6 upon the completion of personal service, or upon the placing of 7 the same in the custody of the United States Postal Service. 8 (D) Place of entertainment shall mean a place open 9 to members of the public, with or without charge, in which enter- 10 tainment is offered or performed. 11 SECTION 3. Ordinance No. 763 Section Forty-One Subsection 12 (c) is hereby amended to read as followsa 13 (c) APPLICATIONS AND FEES. Any person required to obtain 14 a permit pursuant to this Ordinance, shall file a written appli- 15 cation therefor with the Chief of Police of the City of San 16 Bernardino. Application forms for such permits which shall be 17 approved as to form by the City Attorney, shall be prepared by 18 the Chief of Police, who shall require thereon such information 19 as he deems necessary to carry out the purposes of this Ordinance 20 A filing fee and processing fee, in the sum of $ DU•0 21 shall be paid contemporaneously with the filing of a permit 22 application. 23 The Chief of Police upon receipt of a written application fo 24 a permit shall conduct an appropriate investigation to determine 25 whether said permit should be issued in accordance with the pro- 26 visions of this Ordinance as hereinafter set forth. The Chief 27 of Police shall consider any relevant factual material relating 28 to such application. The Chief of Police shall issue an enter- 29 tainment permit required by this Ordinance only if hie finds 30 that: 31 (A) A written application form therefor has been 32 filed; and -2- i 1 (B) The required filing and processing fee therefor 2 has been paid to the Treasurer; and 3 (C) As a result of his investigation that all appli- 4 cable provisions of this Ordinance with regard to such permit 5 applicat ion have, or will be, met. 6 SECTION 4. Ordinance No, 763 Section Forty-One Subsection 7 (d) is hereby amended to read as followso 8 (d) PERMITS. 9 (A) Issuance, The Chief of Police shall issue a per- 10 mit based upon his investigation, if he finds; 11 (1) That the operation, as proposed by the appli- ' 12 cant, if permitted, would comply with all applicable laws, in- 13 cluding but not limited to the CityIIS building, zoning and health 14 regulations; and 15 (2) That the applicant, and any other person who 16 will be directly engaged in the management and operation of the 17 place of entertainment, other than one who participates in an I8 act of entertainments 19 (a) has not been convicted in a court of com e- P 20 tent jurisdiction, by final judgment, of: 21 (i) an offense involving the presentation, 22 exhibition, or performance of an obscene production, motion pic- i 23 ture, play or act; nor 24 (ii) an offense involving lewd conduct; nor I~ 25 (iii) an offense involving the use of force ~ 26 and violence upon the :person of another; nor 27 (iv) an offense involving misconduct with 28 children; 29 (b) has not allowed or permitted acts of sex- 30 ual misconduct to be committed in prior business operations, 31 (3) That the applicant has not knowingly made any 32 false, misleading or fraudulent statement of facts in the permit -3- I 1~ application, or any other document required by the City in con- 2~ junction therewith. 3~ (B) Conditions. Permits may be issued conditionally, 4 in order to insure compliance with the provisions hereof. 5 (C) Denial. If the Chief of Police finds any of the 6 facts, as set forth in Subparagraphs 1, 2, and $ hereof, are pre- ? sent, he shall decline to issue the permit as requested, 8 (D) Nature of Decision. Within ten (10) days after 9 reaching a determination with reference to a permit application, 10 the Chief of Police shall give written notice of his decision to 11 the applicant and to any other person requesting such notice, 12 (E) Posting, Permits issued pursuant to this Ordinanc 13 shall be posted on the premises where the business or enterprise 14 for which the permit is issued is conducted and shall remain so 15 posted during the period the permit shall be in force, 16 (F) Duration. Permits issued pursuant to this Ordi- 17 nance shall be valid for a period of one (1) year or until re- I8 yoked or abandoned. 19 (G) Transfer of Permit. No permit shall be transferr- 20 able except with the written consent of the Chief of Police. An 21 application for such a transfer shall be in writing and shall be 22 accompanied by a filing and processing fee of $ /Q(1, U O , the 23 same to be filed with the Chief of Police. The written applica- 24 tion for such transfer shall contain the same information as re- 25 quired herein for an initial application for such a permit. 26 SECTION 5. Ordinance No. 763 Section Forty-One Subsection ' 27 (e) is hereby amended to read as follows: 28 (e) APPEAL AND SUSPENSION. 29 (A) Appeal, 30 (1) Any applicant aggrieved by the decision of 31 the Chief of Police with reference to the issuance, conditional 32 issuance or denial of a permit, shall have the right to appeal, -4- 1 An appeal must be perfected within fifteen (15) days after the 2 service of notice of decision by filing with the City Clerk, a 3 letter of appeal briefly stating therein the basis for such appea , 4 together with a filing and processing fee in the sum of $ OUZO . 5 Upon receipt of such letter of appeal and fee, the City ~ 6 Clerk shall immediately set the matter for consideration by the 7 Common Council at its next regularly scheduled meeting. The City 8 Clerk shall give the appealing party and any other person request 9 ing the same, at least five (5) days written notice of the time 10 and place of such hearing. 11 At the time and place set for the hearing upon the appeal 12 from the decision of the Chief of Police, the Common Council shal 13 give the appealing party, and any other interested party, a rea- 14 sonable opportunity to be heard, in order to show cause whg•the 15 determination of the Chief of Police should not be upheld. In 16 all such case, the burden of proof to show that the action taken 17 by the Chief of Police was arbitrary, capricious or in excess of 18 his authority, shall be upon the appealing party. The determina- 19 tion of the Common Council shall be final and conclusive, 20 (B) Suspension. The Police Chief shall suspend any 21 permit issued hereunder, if he finds thata 22 (1) The operation, as conducted by the applicant 23 does not comply with all applicable laws, including, but not 24 limited to, the City's building, zoning and health regulations; 25 or 26 (2) The applicant, and any other person who will 27 be directly engaged in the management and operation of the place 28 of entertainment, other than one who participates in an act of 29 entertainment, hasp 30 (a) Been convicted in a court of competent 31 jurisdiction, by final judgment, ofo 32 (i) an offense involving the presentation -5- a 1 exhibition, or performance of an obscene production, motion 2 picture or play; or 3 (ii) an offense involving lewd conduct; or 4 viii) an offense involving the use of force 5 and violence upon the person of another; or 6 (iv) an offense involving misconduct with 7 children9 or 8 (b) Allowed or permitted acts of sexual miscon 9 duct to be committed at the place of entertainment; or 10 (3) The applicant has knowlingly made any false, 11 misleading or fraudulent statement of fact in the permit applica- 12 tion or any other document required in conjunction therewith. 13 The determination of the Chief of Police with regard to 14 matters of suspension shall be appealable in the time and manner 15 set forth above. 16 The Chief of Police in the case of such suspension, shall 17 serve the permittee with a written Order of Suspension, which ' 18 shall be effective immediately if personally served, or 48 hours 19 after the same has been deposited in the course of transmission 20 in said United States Postal Service, 21 Immediately apon such an Order becoming effective, the per- 22 mittee shall cease all operations under such permit. 23 The Order of Suspension shall be deemed a revocation of 24 the permit to which it relates unless the permittee, within fif- 25 teen (15) days after personal service of such Order, or fifteen 26 (15) days after the said Order is deposited in the course of 27 transmission in the United States Mail, files an appeal from said 28 Order in the manner set forth herein. 29 Where an appeal is taken, the Order shall be stayed pending 30 a determination thereon by the Common Council which shall act 31 upon the same in the manner set forth herein. Such determination 32 shall be final and conclusive. -6- 1 SECTION 6. Ordinance No. 763 Section Forty-One Subsection 2 (f) is hereby amended to read as followso 3 (f) Live Female Entertainment, Live female entertainers 4 shall not be permitted to mingle with or fraternize with the 5 patrons and customers present on the premises, and such entertain 6 ers shall be restricted to performing on a raised platform which 7 is at least eighteen (18) inches above the floor level, and a 8 minimum of six (6) feet in distance from the nearest patron or 9 customer, and such live female entertainer shall not be permitted 10 to perform any function, duty or position other than as an enter- 11 tainer. 12 The mere presence of any female employee in such public 13 place, unclothed or in such attire, custume or clothing as to 14 expose to public view any portion of either breast et or below 15 the areola thereof or of any other private part of such employee, 16 or the permitting or allowing of any other female present on the 17 premises to participate in any performance in such public place, 18 unclothed or in such attire, costume or clothing shall constitute 19 "live" female entertainment within the meaning of the term as 20 used in this subsection. 21 At all times during the performance by a live female 22 entertainer there shall be present at least one security person- 23 nel provided by the permittee who shall wear a uniform approved 24 by the Chief of Police of the City of San Bernardino. 25 The permittee shall provide sufficient illumination upon 26 and in the immediate vicinity of the platform at all times dur- 27 ing any performance by the live female entertainer, Such i11um- 28 ination shall be from at least three light fixtures or lamps 29 located in close proximity to the platform with light bulbs 30 which shall have a wattage rating that exceeds that of any other 31 . . . . . 32 -7- i 9 1~ light bulb located on the premises of the permittee, 2, SECTION 7. Ordinance 763 Section Forty-One Subsection 3 (h) is hereby repealed. 4 SECTION 8. If any section, subsection, subdivision, para- 5 graph, sentence, clause or phrase of this ordinance or any part 6 thereof is for any reason held to be unconstitutional, such de- l cis ion shall not affect the validity of the remaining portions 8 of this ordinance or any part thereof. The Mayor and Common 9 Council hereby declare that it would have passed each section, 10 subsection, subdivision, paragraph, sentence, clause or phrase 11 thereof, irrespective of the fact that any one or more sections, 12 subsections, subdivisions, paragraphs, sentences, clauses or 13 phrases be declared unconstitutional, 14 I HEREBY CERTIFY that the foregoing ordinance was duly 15 adopted by the Mayor and Common Council of the City of San Bernar 16 dino at a ,;,,,~, ~/~o~„Q~~ meeting thereof, held on the,~~ 17 day of ~~~,,,~ , 1970 by the following vote, to wito I8 / 19 AYES; Coun ilmen /~~~~~A ,,~O~~ ~ /.~~i~~~ 7,~~J}/ 20 ~ !,2771-~,'~i9-i ff~ ~//i15i~1 / ~~~/~ (A,y,f /1 21 NOESB 22 ABSENTo `~.~,y 23 - City~'Ierk~ . _ 25 The foregoing ordinance is hereby approved this~~/ day 26 of ~,~~-, ` , 1970. 27 28 , ,~ ~a 29 a off' tk~'Z`'ity o~San ernar ino 30 Approved as to form: FILED 31 ~ '~~ 32 ~P>y orney ~ JUAN 23 197© LUCt~~OFORTH, City park or .rE~d::l.?::~.ocruw