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ORDINANCE 782ORDINANCE NO. 782 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNICIPAL CODE" BY ADDING CHAPTER 5.36 THERETO REGULATING ENTERTAINMENT. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5. 36 consisting of Sections 5. 36. 010 to 5. 36.290, inclusive, is added to the "E1 Segundo Municipal Code" to read as follows: "CHAPTER 5.36 ENTERTAINMENT REGULATION "5. 36.010 PURPOSE. The purpose of this Chapter is to set forth rules and regulations governing entertainment at cer- tain premises within the territorial limits of the City and require a permit therefor. "5. 36. 020 Definitions. For the purpose of this Chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a dif- ferent meaning is intended: (1) Appellant. 'Appellant' means a person who perfects an appeal pursuant to this chapter. (2) Applicant. 'Applicant' means a person, firm, or cor- poration who, or w ich files an application for a new or renewal permit as provided herein. (3) Day. 'Day' means a calendar day. (4) Entertainment. 'Entertainment' means: A. Any act, play, review, pantomime, scene, dance, act, or song and dance act, performed by one or more persons, whether or not such person or persons are compensated for such perform- ances; or B. Any form of dancing upon the premises by patrons there- of; or C. Any fashion or style show, except when the same is con- ducted by a person as a part of a commercial business which pri- marily involves the sale or manufacture of clothing or wearing apparel. (5) Non - profit Organization. 'Non - profit Organization' means any religious, governmental or non - profit association or institution exempt from real property taxation under either Article XIII of the Constitution or the Revenue and Taxation Code of the State. (6) Notice. 'Notice' means written notice, given by personal service upon the addressee, or, given by United States mail, postage prepaid, addressed to the person to be notified at his last known "address. Service of such notice shall be effective upon the com- pletion of personal service, or upon the placing of the same in the custody of United States Postal Service. (7) Performer. 'Performer' means any person who performs any entertainment. (8) Permittee. ' Permittee' means any person, firm, or cor- poration who, or which shall be granted a permit as provided herein, and his or its agents and representatives. (9) Person. 'Person' means natural person, firm, corpora- tion, or association. "5.36.030 PERMIT REQUIRED. It shall be unlawful for any person conducting, operating, owning, or in control of any premises open to the public, or private club within the City to allow any enter- tainment including dancing, upon the premises, or in or upon any adjoining room or premises, unless there has been granted to such person a valid permit therefor, pursuant to the provisions of this chapter. "5.36.040 WRITTEN APPLICATIONS REQUIRED - -FEES. An application for an entertainment permit or renewal of such permit shall be filed with the Director of Finance, shall be in writing on forms provided by the City, shall be in duplicate, and shall be accom- panied by the application fee for each permit required. The application fee for an entertainment permit is $100. 00. The application fee for a renewal of such permit is $50. 00. The application fee is established to cover part of the cost of the investigation and processing of applications and is not refundable. Any such application shall be verified as provided by the California Code of Civil Procedure for the verification of Pleadings. 5. 36.050 CONTENTS. Each application shall contain: (1) A complete identification of the applicant. (2) Names, residence and business addresses of any co- partners, including limited partners; or, if the applicant is a cor- poration, the name of the corporation shall be set forth exactly as shown in its articles of incorporation together with the date and place of incorporation, the names and residence addresses of each of the officers, directors, and each stockholder owning more than ten percent of the stock of the corporation. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply. (3) The names, residence and business addresses of the man- agers and persons to be in charge. (4) The name, residence and business address and written consent of the owner of the premises, who shall indicate his con- sent by signing the application in the space provided. (5) The address and the particular room or rooms for which the permit is required, the square foot area thereof to be used for dancing or entertainment, and the seating capacity for service of meals. (6) The exact nature of the proposed business for which the permit is requested, and the name under which it is to be operated. -2- 11(7) Whether or not any person referred to in subsections (1), (2), (3), or (4) of this section, has had a permit for the same or any similar business suspended or revoked anywhere, and, if so, the circumstances of such suspension or revocation. The suspension or cancellation of a liquor license shall be considered as being in- cluded within the purpose of this subsection. (8) Whether or not any person mentioned in subsections (1), (2), (3), or (4) of this section has ever been arrested; and if so, the details of the arrest, the nature of the charge and its disposi- tion. (9) A statement in detail of the kind of entertainment which is to be conducted on the premises. (10) The hours of operation. (11) Such other related information as the Director of Finance may require. "5.36.060 NOTICE OF CHANGE. Whenever any change occurs relating to the written information required by Section 5. 36. 050, the applicant or permittee shall give notification of such change to the Director of Finance within twenty days after such change or at any hearing conducted under this Chapter if such hearing is conducted before the above notification has been given. "5.36.070 INVESTIGATION, IDENTIFICATION AND INSPEC- TION. The Director of Finance shall refer each application for a permit or renewal of such permit to the Chief of Police, who upon receipt thereof, shall conduct an appropriate investigation to deter- mine whether said permit should be issued in accordance with the provisions of this Chapter as hereinafter set forth. The Chief of Police may request the assistance of any City Department for the purpose of such investigation and he shall consider any relevant factual material relating to such application. The City may cause the fingerprints to be taken of any person referred to in subsec- tions (1), (2), (3) or (4) of Section 5.36.050. "5.36.080 IDENTIFICATION CARDS- -FEE. The Chief of Police may require permittees, their employees or their perform- ers to carry identification cards issued by the Police Department. (1) Issuance. The Chief of Police may require and issue identification cards to permittees, their employees, or performers in such form as the Police Department deems necessary to identify the permittee, employee or performer. (2) Surrender of Card. Each permittee shall immediately surrender tot the Police Department any identification card issued by the Police Department upon the revocation, suspension or can- cellation of his permit. Each permittee shall immediately surren- der to the Police Department any identification card issued to an employee or performer of the permittee by the Police Department when any such employee leaves the permittee's employ or when such permittee's permit is revoked, suspended, cancelled or at the expiration of such permit without renewal. (3) Violation. No person shall carry or use any identification card issue to 1m pursuant to this section after his permit or his employer's permit has been revoked, suspended, cancelled or ex- pires without renewal. No person shall use the identification card 19a "issued to another person. (4) The identification card shall be valid for a period of one year, after which time it can be renewed. (5) The fee for such identification card shall be $5.00 for the first year and $5. 00 for renewal. "5. 36.090 INSPECTION. The Police Department, in addition to its other duties, shall inspect any and all establishments licensed pursuant to this Chapter. Police officers and any official inspectors while on official business shall be allowed by every permittee to enter such establishment free of charge for the purpose of inspection. "5.36. 100 APPROVAL OR DENIAL OF PERMIT. After an in- vestigation the Director of Finance shall approve the application for the entertainment permit or renewal of such permit if he finds: (1) A completed written application form therefor has been filed; and (2) The required application fee therefor has been paid to the City Treasurer; and (3) As a result of his investigation all applicable provisions of this Chapter, with regard to such permit application have been, or will be, met; and (4) That the operation by the applicant will be carried on in a building, structure and location which complies with and meets all of the health, zoning, fire, building and safety requirements and stan- dards of the laws of the State of California and this Code applicable to such business operation; and (5) That the applicant, his employee, agent or any person con- nected or associated with applicant as partner, director, officer, stockholder, associate or manager: A. Has not been convicted in a court of competent jurisdic- tion by final judgment, of: i. An offense involving the presentation, exhibition, or per- formance of an obscene production, motion picture or play; or ii. An offense involving lewd conduct; or iii. An offense involving the use of force and violence upon the person of another; or iv. An offense involving misconduct with children; or v. An offense involving the maintenance of a nuisance in connection with the same or similar business operation. B. Has not committed within the last five years any offense des- cribed in subparagraphs i. through v. of paragraph A of this subsec- tion. C. Has not allowed or permitted acts of sexual misconduct to be committed within prior business operations; and (6) That the business is not a public nuisance or has not been a public nuisance at any time within the last five years; and -4- "(7) That the applicant, his employee, agent, or any person connected or associated with applicant as partner, director, offi- cer, stockholder, associate, or manager has not knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with the Director of Finance; and (8) That the applicant has not had a similar type permit pre- viously revoked for good cause within the past year unless the appli- cant has shown a material change in circumstances since the date of revocation. "5. 36. 110 NOTICE OF DECISION. Notice of decision of the Director of Finance with reference to a permit application under this Chapter shall be made to the applicant or to any other person request- ing such notice within forty -five days after receipt of application for a permit or renewal of such permit. "5.36.120 APPEAL PROCEDURE -- APPEAL. Any person aggrieved by the decision of the Director of Finance with reference to the approval or denial of an application for a permit or renewal of such permit or suspension of a permit, shall have the right of appeal. An appeal must be perfected within fifteen days after notice of the deci- sion or Order of Suspension 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 $50. 00. "5. 36. 130 WAIVER. Failure to file a letter of appeal within said fifteen days shall constitute a waiver of appellant's right to a hearing but the City Council in its discretion may nevertheless grant such a hearing. "5.36.140 NOTICE OF HEARING. The City Clerk shall fix the time and place of the hearing at a date no more than twenty -five days after receipt of the letter of appeal. The City Clerk shall give the appealing party and any other person requesting the same at least five days' notice of the time and place of such hearing. The notice shall be substantially in the following form, but may include other information: 'You are hereby notified that a hearing will be held at , on , at the hour of at which time you may show cause why the appea which you have filed should be sustained. ' "5. 36.150 HEARING. At the time and place set for the hear- ing upon the appeal from the decision of the Director of Finance, the City Council shall give the appealing party, and any other in- terested party, a reasonable opportunity to be heard, in order to show cause why the determination of the Director of Finance should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to sup- port the action taken by the Director of Finance. The determination of the City Council shall be final and conclusive. "5.36.160 APPEAL PROCEDURE. Procedures for appeals and hearings under this Chapter may be adopted by a resolution of the City Council. "5.36.170 ISSUANCE AND DURATION OF PERMIT. If the application for a permit or renewal of such permit is approved, the Director of Finance shall issue the permit, and shall strictly limit I&V "such permits to the terms of the application. "5. 36.180 DURATION. Any permit issued pursuant to this Chapter shall expire on December 31 of the year of issuance, pro- vided however, that permits issued after October 31 of any year shall expire on December 31 of the next succeeding year. "5.36.190 DISPLAY OF PERMIT. Every person holding a permit issued pursuant to this Chapter shall keep the same posted in a conspicuous place upon the licensed premises in open and clear view. "5.36.200 ASSIGNMENT OF PERMIT PROHIBITED. The assignment or attempt to assign any permit issued hereunder is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void. "5.36.210 RULES AND REGULATIONS FOR ENTERTAIN- MENT ESTABLISHMENTS -- POSTING. Every person holding a permit issued pursuant to this Chapter shall keep the rules and regulations contained in Sections 5. 36.220 through 5. 36.240 and such supplemental rules and regulations as may be recommended by the City Manager and adopted by resolution of the City Council, posted immediately adjacent to the permit in a conspicuous place upon the licensed premises in open and clear view of customers. "5.36.220 SOLICITATION OF DRINKS. It shall be unlaw- ful for any person employed in any establishment for which a per- mit is required under this Chapter to solicit or accept drinks of alcholic beverages from any customer while so employed. "5.36.230 HOURS OF ENTERTAINMENT. It shall be unlaw- ful for any person to conduct, show, stage, perform, produce, or permit any entertainment between the hours of 2 a. m. and 6 a. m. in any establishment for which a permit is required under this Chapter except by specific prior written authorization of the Chief of Police and under the conditions therein set forth. "5.36.240 CONDUCT UPON PREMISES REQUIRED TO BE LICENSED. It shall be unlawful for any person to violate any of the following rules and regulations: (1) Dancing is prohibited between 2 a. m. and 6 a. m. on any day. (2) The room, hall or other place where dining and dancing are permitted shall be kept well and adequately lighted with uni- form intensity at all times and with a minimum light of 3-foot candles thirty inches from the floor. (3) No person shall pay or receive any fee or remuneration to be a dancing partner with any other person. This provision shall not apply to professional paid entertainers when performing as such. "5.36.250 SUSPENSION AND REVOCATION. The Chief of Police shall suspend any permit issued hereunder, if he finds: (1) That the operation, as conducted by the applicant does not comply with all the health, zoning, fire, building and safety requirements and standards of the laws of California and this Code applicable to such business operation. "(2) That the applicant, his employee, agent or any person connected or associated with applicant as partner, director, offi- cer, stockholder, associate or manager: A. Has been convicted in a court of competent jurisdiction, by final judgment of: i. An offense involving the presentation, exhibition, or per- formance of an obscene production, motion picture, or play; or ii. An offense involving lewd conduct; or iii. An offense involving the use of force and violence upon the person of another; or iv. An offense involving misconduct with children; or v. An offense involving the maintenance of a nuisance in connection with the same or similar business operation. B. Has committed within the last five years any offense des- cribed in subparagraphs i. through v. of paragraph A. of this sub- section. C. Has allowed or permitted acts of sexual misconduct to be committed within business operations. (3) That the applicant, his employee, agent or any person con- nected or associated with applicant as partner, director, officer, stockholder, associate, or manager has knowingly made false, mis- leading or fraudulent statement of a material fact in the application for a permit, or in a report or record required to be filed with any City agency. (4) That the business is a public nuisance or has been a public nuisance at any time within the last five years. (5) That the applicant has had a similar type permit previously revoked for good cause and has not shown a material change in cir- cumstances since the date of revocation. The determination of the Chief of Police with regard to matters of suspension shall be appealable in the time and manner set forth in Sections 5. 36. 120 through 5. 36. 160 of this Chapter. 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 hours after the same has been deposited in the course of transmission in said United States Postal Service. Immediately upon such an Order becoming effective, the permit - tee shall cease all operations under such permit. "5.36.260 REVOCATION. The suspension shall become a revo- cation fifteen days after the Order of Suspension becomes effective un- less the permittee files an appeal of the Order of Suspension in the manner set forth in Sections 5. 36. 120 through 5. 36. 160 of this Chap- ter. Where an appeal is filed, the Order shall be stayed _pending a determination thereon by the City Council which shall act upon the same -7- "at a meeting of the City Council fixed by the City Clerk, in the manner set forth in Sections 5. 36. 120 through 5. 36.160 of this Chapter. Such suspension shall become a revocation if the City Council upholds the suspension. The determination of the City Council shall be final and conclusive. "5.36.270 EXEMPTIONS -- NON - PROFIT ORGANIZATIONS. An entertainment permit shall not be required of any bona fide non- profit organization. "5.36.280 CITY PROPERTY. An entertainment permit shall not be required of any person in connection with the use of city prop- erty, unless such property is leased for a period which exceeds seven consecutive days. "5.36.290 PUBLIC NUISANCE ABATEMENT. Any business establishment providing entertainment maintained contrary to the provisions of this Chapter shall be, and the same hereby is declared to be unlawful and a public nuisance and the City Attorney may, in addition to or in lieu of any criminal action taken hereunder, com- mence an action or proceeding for abatement, removal or enjoin- ment thereof in the manner provided by law and shall apply to such court as may have jurisdiction to grant such relief to abate or re- move such establishments and restrain and enjoin any person from operating, conducting or maintaining such an establishment where entertainment is provided contrary to the provisions of this Chap- ter. " SECTION 2. That this ordinance shall become effective at mid- night on the thirtieth day from and after the final passage and adoption thereof. SECTION 3. That the City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen days after the passage and adoption there- of, cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of El Segundo and which is hereby designated for that purpose. PASSED, APPROVED AND ADOPPT57P this 13th March , 1972. ATTEST: City Clerk (SEAL) ayor of the ulty,,gr Ei If gunao, c;aluorma. N55 s -A STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) JANE D. HOUGH I . .. ............................... . City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. . . . . . is a full, true and correct original of Ordinance No. .782 ........ of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNICIPAL CODE" BY ADDING CHAPTER 5.36 THERETO REGULATING ENTERTAINMENT., which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the . 13th... day of . ,March. .... , . . 1972........ , and that the same was so passed and adopted by the following vote: AYES: Councilmen .Balmer,. McGill, . Morgan,. Nagel.and ... . .....Nl�yor, Stephens : ........................ NOES: Councilmen . None ..................................... ABSENT: Councilmen None......... ... , ..... . I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 782..... was duly and regularly published according to law and the order of the City Council of said City in the E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the foil ing date, to wit: ...Uarc.h M.1974 .... tie / lk -' . it • Clerk �of� the Cit • .of� •.undo California Y y g (SEAL) By........................ ............ Deputy q 579 so. a Affidavit of Publication STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) es CITY OF EL SEGUNDO ) Tani c e L. Bruce ...._........ being first duly sworn, deposes and says: That ......................L.. ........................ ............................... -- he is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that he was, at, and during all of the time of the publication of the instrument hereunto attached the ............ Principal... Clerk ......... ............................... ............................................................................ ....... ........................ Editor of EL SEGUNDO HFMALD, s newspaper of general circulation, published and circulated weekly in the City of El Segundo, in said County and State; that said newspaper has been so published end circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times herein mentioned, & newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of payir_g subscribers; that said newspaper is not and was not at any of the times herein referred to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades, callings, races or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, eallings, races or denomin- ations, or any of such elceses, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page ............ numbered ..................................................................._...................................................................................................................... ..............................I hereof in all respects, including subject matter, and size and arrangement of type, is a full true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; that the same was set and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black -face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will appear from an inspection of the said annexed instru- ment; that the ............9 . 7. gAjq. Q.. NS).....0 ............................................................... - .......... ........................ ................. of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at least ..�C.e......... week ly.., by..... One .................... consecutive publication........, commencing on the 22............ day of ...March ............I A. D...72......., and ending on the .......22 .................... day of ......................... .................... ..arch......................... A. D. 1972......, and as often during said time as said newspaper was regu- larly issued, to -wit: -arch 22 1972 ..... .... ...... . ...... c..Q........�'Z �- ................. ........------ ................. Su ribed w xwern to before me this day of .................... A. D. 19. GS� E. ................_. � .......... ........ ................... .... City clerk of time Clty of lzl , County of Los Angeles, 8t46e Of California. By.- ......................... ................................... ..........................._... Deputy City Clerk lid said City.