Chapter 6 AMUSEMENTS AND ENTERTAINMENTS*
__________
*Cross references: Businesses and business regulations, ch. 18; patron responsibility at amusement parks, § 74-61 et seq.
__________
Article I. In General
Secs. 6-1--6-30. Reserved.
Article II. Billiard Rooms
Sec. 6-31. Closing time.
Secs. 6-32--6-50. Reserved.
Article III. Bingo Games
Sec. 6-51. Definition.
Sec. 6-52. Organizations eligible to conduct bingo games.
Sec. 6-53. Filing of certificate.
Sec. 6-54. License fee; issuance of license.
Sec. 6-55. Penalties.
Sec. 6-56. Minors.
Sec. 6-57. Location of bingo games.
Sec. 6-58. Games to be open to public.
Sec. 6-59. Staffing.
Sec. 6-60. Financial interest.
Sec. 6-61. Use of profits.
Sec. 6-62. Participants to be personally present at game.
Sec. 6-63. Prizes.
Sec. 6-64. Posting of license; right of entry of police officers.
Secs. 6-65--6-90. Reserved.
Article IV. Block Parties
Sec. 6-91. Findings.
Sec. 6-92. Permit required for closing street.
Sec. 6-93. Filing and contents of application for permit.
Sec. 6-94. Action on application for permit.
Sec. 6-95. Denial or revocation of permit.
Sec. 6-96. Contents of permit; posting of permit.
Sec. 6-97. Officials to be notified.
Sec. 6-98. Costs incurred by applicant.
Sec. 6-99. Exemption from prohibitions regarding obstructions in streets.
Sec. 6-100. Appeal.
Sec. 6-101. Severability.
Secs. 6-102--6-120. Reserved.
Article V. Card Rooms
Sec. 6-121. Licensing.
Sec. 6-122. Regulations.
Sec. 6-123. Employee work permits.
Secs. 6-124--6-150. Reserved.
Article VI. Carnivals, Circuses, Fairs, and Amusement Places
Sec. 6-151. Definition.
Sec. 6-152. Permit required.
Sec. 6-153. Investigation by Chief of Police; issuance; permit nontransferable.
Sec. 6-154. Location requirements.
Sec. 6-155. Hours of operation.
Sec. 6-156. Operation on public streets prohibited.
Sec. 6-157. Lighting to be directed away from adjacent residences.
Sec. 6-158. Adequate lighting required; emergency lighting.
Sec. 6-159. Sound amplifying equipment.
Sec. 6-160. Ground cover.
Sec. 6-161. Off-street parking.
Sec. 6-162. Fencing and pedestrian control.
Sec. 6-163. Health and sanitation.
Sec. 6-164. Compliance with building and fire codes and other regulations.
Sec. 6-165. Bond required.
Sec. 6-166. Liability insurance.
Sec. 6-167. Revocation or suspension of permit.
Sec. 6-168. Appeal.
Sec. 6-169. Business license.
Sec. 6-170. Exemptions.
Secs. 6-171--6-190. Reserved.
Article VII. Entertainment Permits
Sec. 6-191. Definitions.
Sec. 6-192. Entertainment permit required; compliance with other laws.
Sec. 6-193. Exemption from the permit requirement.
Sec. 6-194. Hours of operation.
Sec. 6-195. Disturbing the peace; disorderly conduct.
Sec. 6-196. Orderly dispersal required.
Sec. 6-197. Chief of Police authority; immediate threat to public safety.
Sec. 6-198. Application for permit.
Sec. 6-199. Extended operating hours.
Sec. 6-200. Investigation of application and issuance of permit.
Sec. 6-201. Conditions imposed by Chief of Police.
Sec. 6-202. Police attendance at a special event.
Sec. 6-203. Display of permits.
Sec. 6-204. Duration of permit.
Sec. 6-205. Permits not transferable.
Sec. 6-206. Suspension or revocation of permit.
Sec. 6-207. Renewal of permits.
Sec. 6-208. Appeals.
Sec. 6-209. Permits issued prior to the effective date of this section.
Sec. 6-210. Enforcement.
Sec. 6-211. Severability.
Secs. 6-212--6-230. Reserved.
Article VIII. Mechanical and Electronic Games
Sec. 6-231. Purpose and intent.
Sec. 6-232. Definitions.
Sec. 6-233. Exemptions.
Sec. 6-234. Use permit.
Sec. 6-235. Duties of operators installing games.
Sec. 6-236. Licensing of managers.
Sec. 6-237. Hours of operation for minors under 18 years of age.
Sec. 6-238. Violations and penalties.
Secs. 6-239--6-260. Reserved.
ARTICLE I. IN GENERAL
Secs. 6-1--6-30. Reserved.
ARTICLE II. BILLIARD ROOMS
Sec. 6-31. Closing time.
It shall be the duty of every proprietor or keeper of any room or place where billiards, pool, or cards are played for money or compensation to the person in charge of such room or place, or where goods or merchandise are sold as part of the consideration for the use of tables or other accommodations at such room or place, to cause all persons other than himself, his family, and regularly employed assistants to depart from such room or place and to close the same and all rooms used in connection therewith for any of said purposes at 2:00 a.m. of each day and to keep the same closed until 5:00 a.m.; and no person other than those herein excepted shall be admitted to any such room or place during the time the same is so closed, provided that police officers in the discharge of their duties shall have access to such rooms or places at all hours.
(Code 1965, § 4130; Ord. No. 157)
Secs. 6-32--6-50. Reserved.
ARTICLE III. BINGO GAMES
Sec. 6-51. Definition.
"Bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random, and it is the intention of the state Legislature that bingo, as defined in this section, applies exclusively to such section and shall not be applied in the construction and enforcement of any other provision of law.
(Code 1965, § 4230; Ord. No. 1051; Ord. No. 1099)
Cross references: Definitions generally, § 1-10.
Sec. 6-52. Organizations eligible to conduct bingo games.
Pursuant to Penal Code § 326.5, and section 19 of article IV of the state Constitution, those organizations currently exempted from the payment of the bank and corporation tax by Revenue and Taxation Code §§ 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), and 23701(l) and mobile home park associations and senior citizen organizations are hereby allowed to conduct bingo games in the city, provided such organizations have first complied with the provisions of section 6-53 of this Code and have secured a license from the city as set forth in section 6-54 herein.
(Code 1965, § 4231; Ord. No. 1051; Ord. No. 1099)
Sec. 6-53. Filing of certificate.
Prior to an authorized organization conducting a bingo game in the city as herein allowed, said organization shall have first filed with the Director of Finance of the city a certificate or letter from the Franchise Tax Board specifically indicating that the organization is currently exempted from the payment of the bank and corporation tax by Revenue and Taxation Code §§ 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l). Mobile home park associations and senior citizen organizations must file with the Finance Director a copy of their articles of association, whether incorporated or unincorporated, plus a copy of their bylaws that will allow the Finance Director to make a determination as to the organization's eligibility.
(Code 1965, § 4232; Ord. No. 1051; Ord. No. 1099)
Sec. 6-54. License fee; issuance of license.
(a) Except as herein provided, an annual license fee of $50.00 shall be charged all organizations authorized to conduct bingo games pursuant to this article commencing January 1, 1978. Such fee shall be paid to the office of the Finance Director prior to any organization conducting any bingo games on or after January 1, 1978. If the organization qualifies under this article and pays the annual license or renewal fee, then the Finance Director, or his authorized representative, shall issue a license to the applicant. There shall be no proration of any fee required to be paid herein unless an application for a license or renewal thereof is denied pursuant to section 6-54(c), in which event one-half of the fee shall be refunded to the organization.
(Code 1965, § 4233; Ord. No. 1051; Ord. No. 1099)
(b) The Finance Director shall, without charge, issue a one-day permit to conduct a bingo game, provided the organization otherwise qualified for a bingo game license and proves to the satisfaction of the Finance Director that the organization has not conducted a bingo game in the 12 months preceding the date for which the permit is requested.
(Code 1965, § 4233; Ord. No. 1051; Ord. No. 1099)
(c) The applicant for both an initial license and a renewal thereof shall make a written statement under penalty of perjury that the organization he represents has been granted tax-exempt status under the Revenue and Taxation Code as set forth in section 6-52 herein and that such tax-exempt status has not been revoked at the time of application.
(Code 1965, § 4233; Ord. No. 1051; Ord. No. 1099)
(d) In the event an application for a license is denied because of failure of any organization to provide the Finance Director with an exempt letter from the Franchise Tax Board, or a senior citizens organization or mobile home park association is unable to furnish the papers required pursuant to section 6-53 herein, one-half of any license fee paid shall be refunded to such organization.
(Code 1965, § 4233; Ord. No. 1051; Ord. No. 1099)
Sec. 6-55. Penalties.
(a) It shall be a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized by section 19 of article IV of the state Constitution. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games as provided by section 6-61.
(Code 1965, § 4234; Ord. No. 1051; Ord. No. 1099; Ord. No. 1227)
(b) A violation of subsection (a) above shall be punishable by a fine not to exceed $10,000.00, which fine shall be deposited in the general fund of the city. A violation of any provision of this article, other than subsection (a), is a misdemeanor.
(Code 1965, § 4234; Ord. No. 1051; Ord. No. 1099)
(c) The city may bring an action in a court of competent jurisdiction to enjoin a violation of Penal Code § 326.5 or of this article.
(Code 1965, § 4234; Ord. No. 1051; Ord. No. 1099)
Sec. 6-56. Minors.
It shall be unlawful for any minor to participate in any bingo game.
(Code 1965, § 4235; Ord. No. 1051; Ord. No. 1099)
Sec. 6-57. Location of bingo games.
Any organization authorized to conduct bingo games pursuant to this article shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, such organization.
(Code 1965, § 4236; Ord. No. 1051; Ord. No. 1099; Ord. No. 1227)
Sec. 6-58. Games to be open to public.
All bingo games allowed herein shall be open to the public, not just to the members of the authorized organization.
(Code 1965, § 4237; Ord. No. 1051; Ord. No. 1099)
Sec. 6-59. Staffing.
A bingo game shall be operated and staffed only by the members of the authorized organization which organized the game. Such member shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision, or any other phase of such game. This section does not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the game.
(Code 1965, § 4238; Ord. No. 1051; Ord. No. 1099; Ord. No. 1227)
Sec. 6-60. Financial interest.
It shall be unlawful for any individual, corporation, partnership, or other legal entity, except the organization authorized to conduct a bingo game, to hold a financial interest in the conduct of such bingo game.
(Code 1965, § 4239; Ord. No. 1051; Ord. No. 1099)
Sec. 6-61. Use of profits.
Organizations exempt from the payment of bank and corporation tax by Revenue and Taxation Code § 23701(d) shall place all their profits derived from the bingo game in a special fund or account and [such profit] shall not be commingled with any other fund or account of such organization. Such profit shall be used only for charitable purposes. Organizations other than those classified as section 23701(d) organizations shall keep all proceeds derived from bingo games pursuant to this section in a special fund or account, and such proceeds shall not be commingled with any other fund or account. Proceeds are the receipts of bingo games conducted by organizations other than those classified as section 23701(d) organizations. Such proceeds shall be used only for charitable purposes, except as follows:
(Code 1965, § 4240; Ord. No. 1051; Ord. No. 1099; Ord. No. 1227)
(1) Such proceeds may be used for prizes;
(Code 1965, § 4240; Ord. No. 1051; Ord. No. 1099; Ord. No. 1227)
(2) A portion of such proceeds, not to exceed 20 percent of the proceeds before the deduction for prizes, or $1,000.00 per month, whichever is less, may be used for rental of property, overhead, administrative expenses, security equipment, and security personnel.
(Code 1965, § 4240; Ord. No. 1051; Ord. No. 1099; Ord. No. 1227)
Sec. 6-62. Participants to be personally present at game.
It shall be unlawful for any person to participate in a bingo game unless such person is physically present at the time and place in which the bingo game is being conducted.
(Code 1965, § 4241; Ord. No. 1051; Ord. No. 1099)
Sec. 6-63. Prizes.
The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 in case or kind, or both, for each separate game which is held.
(Code 1965, § 4242; Ord. No. 1051; Ord. No. 1099)
Sec. 6-64. Posting of license; right of entry of police officers.
Any license issued pursuant to this article shall be posted in a conspicuous place on the premises where the bingo game is to be conducted. The Chief of Police, or his authorized representative, shall have the right to enter onto the premises where any bingo game is being conducted without charge.
(Code 1965, § 4243; Ord. No. 1051; Ord. No. 1099)
Secs. 6-65--6-90. Reserved.
ARTICLE IV. BLOCK PARTIES*
__________
*Cross references: Streets, sidewalks, and other public places, ch. 90.
__________
Sec. 6-91. Findings.
The City Council hereby finds that from time to time certain neighborhood groups desire to have city streets closed for the purpose of conducting block parties or other similar neighborhood events. In the interest of public safety, the Council is desirous of establishing a procedure for the granting of permits authorizing the temporary closure of city streets by the Chief of Police upon application duly made as hereinafter set forth.
(Code 1965, § 3110; Ord. No. 1035)
Sec. 6-92. Permit required for closing street.
It shall be unlawful for any person to close a public street, road, highway, lane, or court for the purpose of conducting thereon any block party or similar event without a permit being first obtained from the Chief of Police.
(Code 1965, § 3111; Ord. No. 1035)
Sec. 6-93. Filing and contents of application for permit.
(a) Any person desiring to close a portion of any public street, road, highway, lane, place, or court in the city for the purpose of conducting thereon a block party or similar event shall file a prior application with the Chief of Police. The application shall be on a form provided by the Police Department.
(Code 1965, § 3112; Ord. No. 1035)
(b) Said application shall contain:
(Code 1965, § 3112; Ord. No. 1035)
(1) The name of the applicant, the sponsoring organization, if any, and the addresses and telephone numbers of each;
(Code 1965, § 3112; Ord. No. 1035)
(2) The nature of the event and the date and time upon which the street is to be closed;
(Code 1965, § 3112; Ord. No. 1035)
(3) A sketch shall be attached to the application showing that portion of the street or streets to be closed;
(Code 1965, § 3112; Ord. No. 1035)
(4) Approximate number of people that shall be participating in the event;
(Code 1965, § 3112; Ord. No. 1035)
(5) Any other information requested by the Chief of Police in order that a determination may be made as to whether or not temporary closure of the street will be allowed.
(Code 1965, § 3112; Ord. No. 1035)
Sec. 6-94. Action on application for permit.
The Chief of Police shall act on the applications within five working days after receipt of the application.
(Code 1965, § 3113; Ord. No. 1035)
Sec. 6-95. Denial or revocation of permit.
(a) Permits may be denied or revoked by the Chief of Police upon his determination that one or more of the following conditions exist:
(Code 1965, § 3114; Ord. No. 1035)
(1) That there is insufficient time for the Police Department to make the necessary preparations or inquiries concerning traffic control or other public safety matters prior to the proposed event;
(Code 1965, § 3114; Ord. No. 1035)
(2) That the public would be seriously inconvenienced by the closure;
(Code 1965, § 3114; Ord. No. 1035)
(3) That the event will occur between the hours of 10:00 p.m. and 9:00 p.m. of the following day;
(Code 1965, § 3114; Ord. No. 1035)
(4) That the event will unduly interfere with ingress to, egress from, or travel on the public street;
(Code 1965, § 3114; Ord. No. 1035)
(5) That the application contains a false statement as to a material fact;
(Code 1965, § 3114; Ord. No. 1035)
(6) That the event would unreasonably interfere with fire protection in the city.
(Code 1965, § 3114; Ord. No. 1035)
(b) Written reason shall be given to an applicant by the Chief of Police to explain permit denial or revocation.
(Code 1965, § 3114; Ord. No. 1035)
Sec. 6-96. Contents of permit; posting of permit.
Any permit issued under this article shall contain the information given in the application, along with any restricting conditions imposed by the Chief of Police in the interest of public safety. The permit shall be posted conspicuously at the block party.
(Code 1965, § 3115; Ord. No. 1035)
Sec. 6-97. Officials to be notified.
Immediately upon granting or revoking a permit, the Chief of Police shall send a copy to the City Manager, the Public Works Director, and the Consolidated Fire District.
(Code 1965, § 3116; Ord. No. 1035)
Sec. 6-98. Costs incurred by applicant.
The applicant shall assume and bear the cost of providing, erecting, and moving any barricades and/or signs.
(Code 1965, § 3117; Ord. No. 1035)
Sec. 6-99. Exemption from prohibitions regarding obstructions in streets.
The provisions of this article shall be exempt from the application of sections 90-31, 90-32, and 106-533 of this Code.
(Code 1965, § 3118; Ord. No. 1035)
Sec. 6-100. Appeal.
Any person affected or dissatisfied with any action of the Chief of Police in the administration of this article may appeal to the City Council according to section 2-52 of this Code.
(Code 1965, § 3119; Ord. No. 1035)
Sec. 6-101. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council hereby declares that it adopted this article and each portion thereof irrespective of the fact that any one portion be declared invalid or unconstitutional.
(Code 1965, § 3120; Ord. No. 1035)
Secs. 6-102--6-120. Reserved.
ARTICLE V. CARD ROOMS
Sec. 6-121. Licensing.
(a) Purpose and intent. The City Council finds that there are an increasing number of requests for the operation of card rooms in the city and finds that, if not regulated and controlled by reasonable licensing procedures, card rooms may: (1) be owned, operated, and maintained by persons who are not of good moral character and reputation; (2) be unsafe places for persons to congregate; (3) increase in number and downgrade a neighborhood; and (4) operate in a manner contrary to the best interests of the public health, safety, and welfare by allowing substantial debts to be incurred by patrons of such establishments. The City Council determines that the public health, safety, and welfare require the establishment of regulations: (1) as to the persons who will own and operate card rooms; (2) for the number of card rooms in the city; (3) for their location and construction; and (4) for the issuance of permits and licenses, including limitations on transfer and assignment.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(b) Definitions. The following words shall have the meaning set forth herein:
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
Applicant. A living person who applies for either: (1) a license to operate a card room, or (2) a work permit to be employed in a card room. An applicant for a license to operate a card room shall also include, for purposes of subsection (d), all persons holding or having a financial interest in the card room.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
Application. The form submitted by the owner, operator, or employee and which, when completed by the applicant, contains information requested by the city upon which the City Council or Chief of Police may base their approval or disapproval of such application.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
Card game. Any game played with cards for money or other thing of value, or for checks, credit, or other representative of value, including draw poker, low ball poker, and panquinqe, but excepting bridge and whist, and further excepting any card game the playing of which is forbidden by the laws of the state.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
Card room. Any structure, portion of a structure, room, enclosure, or space furnished with a table or tables used or intended to be used as a card table for the playing of cards and similar games as allowed by law, the use of such table being available to the public or any portion of the public.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
Day. A working day (from 8:00 a.m. to 5:00 p.m.) during which the city's administrative departments are open and available to the general public.
(Code 1965, § 4132; Ord. No. 1210)
Employee. Any person employed by a licensee, with or without compensation, in a card room who either participates as a dealer in a card game or is in charge of the operation and supervision of card tables, or is a shill or an agent of the licensee. The term "employee" does not include a bartender, culinary worker, or any other person not directly connected with the card room operation.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
License. A permit granted by the City Council to an applicant to operate a card room in the city.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
Licensee. A person who owns or has a financial interest in or operates a card room in the city.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
Premises. Any structure or portion of a structure to be licensed, or for which a license has been granted in accordance with the provisions of this section, which contains a card room.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
Shill. An employee or any other person who participates in a card game at the request of the licensee, his agents, or employees, and who is so participating with or without compensation of any kind merely for the purpose of inducing customers to play or to fill out a table.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
Work permit. An annual permit granted to an employee or agent of the licensee of a card room by the Chief of Police.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(c) License required. It shall be unlawful for any person to establish, maintain, or operate any card room, or permit or suffer any card room to be established, maintained, or operated on premises owned, occupied, or controlled by him, unless such card room is maintained and operated pursuant to a valid card room license issued pursuant to the provisions of this article.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(d) Application for license. An applicant for a card room license shall submit his application, under oath, to the Chief of Police of the city. The application shall include:
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(1) The true names and addresses of the applicant and all persons financially interested in the business, including lenders. Persons financially interested shall include all persons who have a right to share in the profits of the business in any form;
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(2) The criminal record, if any, of the applicant and all persons holding a financial interest, including lenders;
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(3) Fingerprints and photographs of the applicant and all persons financially interested in the business;
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(4) The address and complete floor diagram of the premises to be licensed, showing exits, dimensions, lavatories, utilities, and a delineation of the specific portion of the premises within which the card room will be operated. No license shall be deemed issued for any premises if the application fails to show the portion of the premises to be used for card room purposes or for which the application fails to specifically request a license;
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(5) A statement whether the applicant ever has previously applied for and/or received a license or permit to operate a card room as an owner, operator, licensee, or employee in this state or any other state; whether said license or permit was granted, denied, or subsequently revoked; and the circumstances of the denial or revocation;
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(6) The name and address of any and all card room establishments where the applicant received or was granted a license or permit to operate as an owner, operator, licensee, or employee;
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(7) The maximum number of card tables proposed to be maintained within the card room;
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(8) The specific types of card games proposed to be played within the card room;
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(9) The true and complete name and address of the owner or owners of the premises within which the card room is proposed to be maintained;
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(10) A full and complete financial statement of the applicant and all persons who share in the profits of the business in any form. The financial statement required by this subsection shall be a confidential document and shall not be open to public inspection, but shall be available to those city officials having direct jurisdiction over the provisions of this article and to any court of competent jurisdiction where any matter relating thereto may be actually pending;
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(11) Such other information as may be required by the Chief of Police in order to enable him to reasonably evaluate applicant's request for a card room license and whether such request is consistent with the provisions of this Code;
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(12) An application for a new card room license shall be accompanied by a nonrefundable fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services to cover the costs for investigation of the information contained in the application.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(e) Investigation by Chief of Police. The Chief of Police, upon receipt of a written application for a license containing all of the information required by subsection (d), shall conduct, or cause to be conducted, an investigation to determine whether the requested card room license should be granted or denied in accordance with the provisions of this section. The Chief of Police shall consider any relevant, factual material relating to such application. Within no more than 60 days of receipt of the application, the investigation shall be concluded and the Chief of Police shall recommend to the City Council that the application be approved or shall deny the application pursuant to subsection (f). In making his recommendation for approval or in denying an application, the Chief of Police shall prepare, or cause to be prepared, a written report indicating the basis for the position taken.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(f) Chief of Police action on application.
(1) Approval. If the Chief of Police recommends approval of the application for a card room license, the Chief's report shall be submitted to the City Council for consideration at a public hearing set pursuant to subsection (h).
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(2) Denial. The Chief of Police shall deny an application for a card room license if any of the following facts exist:
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
a. That the establishment or operation of a card room at the premises would violate the city's zoning, fire, building, or other ordinances or regulations, or other applicable laws and regulations;
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
b. That the applicant, owners, officers, employees, or persons sharing in the profits of the card room have been convicted of crimes involving violence, lotteries, gambling, larceny, perjury, bribery, extortion, fraud, or similar crimes of moral turpitude, or crimes involving service or entertainment businesses catering to the public;
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
c. That the applicant has failed to comply with any of the provisions of this Code, or other applicable laws, applicable to the premises, equipment, or operation of the business for which a license is requested;
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
d. That the applicant, in this state or any other state, has been refused, or had revoked, a card room, gambling, or similar license;
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
e. That the applicant has knowingly made any false, misleading, or fraudulent statements of material facts in the application, or any other documents required by the city in conjunction therewith.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(g) Appeal. If the Chief of Police denies an application for a card room license, the applicant may appeal to the City Council in accordance with section 2-52 of this Code.
(Code 1965, § 4132; Ord. No. 1154)
(h) City Council action on application.
(1) Upon receipt of a report from the Chief of Police pursuant to subsection (f)(1), the City Council shall set a public hearing on the application and direct the City Clerk to publish, in the newspaper used for official city notices, and to post, or cause to be posted, in a conspicuous place at the street entrance to the premises, a written "CITY OF CONCORD NOTICE OF HEARING ON APPLICATION FOR CARD ROOM LICENSE." The notice shall state that an application has been made for a card room license on the premises and give notice of the time and place at which the public hearing will be held. The public hearing notice shall be published and posted a minimum of ten days prior to the public hearing.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(2) Following the public hearing, the City Council may grant or deny the application for a card room license. The City Council may deny an application on any of the grounds set forth in subsection (f)(2) and subsection (i).
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(i) Denial by City Council; limitation on issuance. The City Council may deny any application for a card room license if, after investigation of the matter, it determines it will be injurious to the health, safety, and morals of the people of the city to operate such a card room on the premises for which the permit is sought. Notwithstanding the foregoing, the total number of licensed card rooms within the city shall not exceed seven.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154; Ord. No. 1189)
(j) License fee. The applicant shall pay an annual license fee and a per-table fee in an amount established in the Resolution Establishing Fees and Charges for Various Municipal Services. An annual renewal fee in an amount established in the Resolution Establishing Fees and Charges for Various Municipal Services shall be paid to the city Finance Officer on or before December 31 of each and every year and shall not be subject to proration.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(k) Renewal.
(1) All licenses and permits for card rooms shall be for one year and subject to renewal by the licensee filing with the Chief of Police, before December 1 of each year, a declaration under penalty of perjury whether there has been a change in ownership, any violation of any law or regulation by the licensee related to the licensed premises, any violation of the provisions of this section, and any material change in the ownership or operation of the business. The Chief of Police shall evaluate the renewal application in accordance with the criteria of subsection (f) above, and either approve or deny the renewal request. If the renewal request is approved by the Chief of Police, the licensee shall pay the applicable license fees described in subsection (j). If the renewal request is denied, the applicant may file an appeal in accordance with subsection (g) above, and the City Council shall determine the appeal in accordance with subsection (h) above. A license shall become null and void on January 1 if the appropriate renewal fee(s) have not been paid on or before December 31 of the immediately preceding year.
(Code 1965, § 4132; Ord. No. 1154; Ord. No. 1210)
(2) If, however, a license has been suspended in accordance with subsection (m) and the suspension period extends beyond the renewal period provided herein, the provisions of this subsection shall not be applicable until the termination of said suspension. Within ten days of the termination of the suspension period, the licensee shall submit to the Chief of Police the information required by this subsection and pay all applicable fees. If the renewal request is denied and the denial is upheld on appeal, the renewal fees paid by the licensee shall be refunded to the licensee. A license shall become null and void if the required license fees have not been paid.
(Code 1965, § 4132; Ord. No. 1210)
(l) Time to commence operation. An applicant who has received approval for a card room license and paid all appropriate fees, as provided for in this section, must commence operation of the card room within 30 days following issuance of the license.
(Code 1965, § 4132; Ord. No. 1154)
(m) Suspension or revocation of license.
(1) By city. After notice to a licensee and the holding of a hearing, as provided in subsections 2-53(4) and (5) and section 2-55 of this Code, the Council may suspend or revoke a card room license on the grounds that the licensee has violated the provisions of this section, there has been a material change in any of the facts in the licensee's application, or there have been any violations of section 6-122.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154; Ord. No. 1210)
(2) Voluntary suspension by licensee. A licensee may voluntarily suspend the operation of his card room license by providing written notice, by certified mail, to the Chief of Police of such suspension and its anticipated duration. Any voluntary suspension shall commence no sooner than ten days after receipt of the notice by the Chief of Police and shall not end until ten days after receipt by the Chief of Police of written notice, by certified mail, of the termination of the voluntary suspension. However, no voluntary suspension may last longer than 18 months, otherwise the licensee shall be deemed to have forfeited his license. A minimum period of six months must elapse between any voluntary suspension of a card room license, during which time the card room shall be in operation. A licensee may voluntarily suspend its license following a suspension imposed by the city.
(Code 1965, § 4132; Ord. No. 1210)
(n) Transfer. No card room license shall be assignable or transferable, unless approved by the City Council. Application for assignment or transfer of a license containing the same information as set forth in subsection (d) herein shall be submitted to the Chief of Police, together with a fee as established in the Resolution Establishing Fees and Charges for Various Municipal Services. The Chief of Police shall cause an investigation to be performed, as provided in subsection (e) herein, and provide a written report of the results of said investigation. The City Council's action on the application shall be governed by the provisions of subsection (h) herein.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
(o) Ineligibility for license. No license shall be issued to or acquired by a corporation, executor, administrator, trustee, conservator, or guardian.
(Code 1965, § 4132; Ord. No. 1154)
(p) State law violations. This section shall not be construed to permit the licensing of any card room for the playing of any game prohibited by the laws of the state.
(Code 1965, § 4132; Ord. No. 502; Ord. No. 1154)
Sec. 6-122. Regulations.
(a) Definitions. The definitions set forth in section 6-121 shall govern the meaning of the terms used in this section.
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(b) Regulations. It shall be unlawful for any persons to maintain a card room in violation of any of the following regulations:
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(1) Not more than one card room shall be located at one address;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(2) No licensee, or employee of such licensee, shall loan money or permit money to be loaned, with or without security, nor accept promissory notes, "chits," or "IOUs," nor offer to or cash checks within the card room. Nothing herein shall prohibit the cashing of bona fide current dated checks elsewhere on the licensed premises;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(3) Not more than two tables shall be permitted in any card room;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(4) Not more than seven players will be permitted at one card table;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(5) Card rooms shall be located on the ground floor and so arranged that card tables are plainly visible from the outside door opening;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(6) No person under the age of 21 years shall be permitted at any card table, participate in any game, or remain in a card room at any time;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(7) Each licensee shall be responsible for establishing the days and hours of operation for its card room and shall be in operation on the days and hours so designated. Written notification of the days and hours of operation of each card room shall be provided by the licensee to the Chief of Police at the time of submittal of an application for a license in accordance with section 6-121(d) or upon submittal of a request for renewal of a card room license in accordance with section 6-121(k). The designated days and hours of operation shall be applicable when the license (or the renewal) becomes effective. Once established, the days and hours of operation of a card room cannot be changed, except as indicated above, for renewal of a license or on July 1 of each year if written notice of any change is provided by the licensee to the Chief of Police at least ten days prior to July 1;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154; Ord. No. 1210)
(8) Card rooms shall be open to police inspection during all hours that such card rooms are open for business;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(9) Only table stakes shall be permitted;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(10) Each card room shall have assigned to it a person holding a valid card room work permit. This person shall supervise the operation of the game strictly in accordance with the laws of the state and the provisions of this section;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(11) It shall be unlawful for any employee, licensee, manager, operator, or any other person employed by or sharing in the profits in any licensed card room to be physically present at any time upon said premises without displaying an identification card issued by the Chief of Police. Said identification card shall be prominently displayed on the outermost garment at approximately chest height, and said identification card shall at all times be readable, legible, and in good condition. No employee shall be allowed to commence work or remain upon said licensed premises who does not possess and display an identification card;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(12) It shall be unlawful for any employee, licensee, manager, operator, owner, or person in control of, or person who appears to be in control of, any licensed premises to hire, employ, engage, or persuade any person to play as a shill upon or within the premises. It shall be unlawful for any person to perform any function as a shill within a licensed card room in the city. Notwithstanding the provisions of this subsection, not more than one owner may play in a game provided he is identified as required by subsection (b)(11) above;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(13) It shall be unlawful for any employee, licensee, manager, operator, or owner, or any person in control of any licensed card room, to operate, maintain, or purport to maintain any house bank, or any system similar thereto, whereby a card player, or any other person, may deposit, draw, or maintain any account or credit of money, chips, or other items of value;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(14) It shall be unlawful for any person to play, or allow or permit to be played, in any licensed card room any game not specifically authorized on the license issued pursuant to the application which was filed, or any variation of the game of draw poker wherein five cards are not originally dealt to each player, or wherein each player shall draw any greater or lesser number of cards than the number of cards originally discarded prior to the draw, or in any game played in violation of any rule or regulation adopted by the City Council regulating any game permitted under the provisions of this section;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(15) No intoxicated person shall be permitted in a card room;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(16) The licensee shall post in the area of the premises designated for use as a card room, in letters plainly visible throughout the card room, signs setting forth any or all of these regulations as the Chief of Police may require;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(17) The card room license and individual work permits shall be posted and plainly visible to the players in the area of the premises designated for use as a card room;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(18) No licensee, or employee of such licensee, shall offer, or give, or permit to be offered or given, any bonuses, alcoholic beverages, or other gifts or incentives to encourage play;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(19) It shall be unlawful for any licensee to lease the operation of a card room licensed under the provisions of section 6-121;
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(20) The licensee shall be responsible for all violations of state law or the provisions of this section occurring within the premises, regardless of whether or not said violations occurred within the presence of said licensee.
(Code 1965, § 4133; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
Sec. 6-123. Employee work permits.
(a) Definitions. The definitions set forth in section 6-121 shall govern the meaning of the terms used in this section.
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(b) Permit required. It shall be unlawful for any person to work as a card room employee without first having obtained a work permit from the Chief of Police. It shall be unlawful for any licensee to employ any person as a card room employee who does not possess a valid work permit.
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(c) Permit expiration and renewal. Work permits shall expire on December 31 of each year. Prior to the expiration of such work permit, the applicant shall submit a renewal application for a work permit, together with a fee in an amount established by the Resolution Establishing Fees and Charges for Various Municipal Services. The renewal application shall contain a declaration under penalty of perjury that there has been no violation of the provisions of this section and no material change in the information identified in subsection (c) [(d)] herein; however, if there has been any violation or material change, they shall be described in detail.
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(d) Application for permit. An applicant for a card room work permit shall submit an application, under oath, to the Chief of Police. This application shall include:
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(1) The criminal record, if any, of the applicant;
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(2) Fingerprints and a photograph of the applicant;
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(3) Any other information consistent with the provisions of this section that the Chief of Police may deem necessary to determine whether a work permit shall be issued.
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
The application shall be accompanied by a nonrefundable permit fee in an amount established in the Resolution Establishing Fees and Charges for Various Municipal Services, to cover the expense of conducting an investigation of the applicant.
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(e) Action by Chief of Police on application. The Chief of Police may deny the application for a work permit on any one of the following grounds:
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(1) That the applicant does not possess good moral character. In making such determination, the Chief of Police shall consider all criminal convictions of such applicant, the reasons therefor, and the actions of such agent or employee subsequent thereto;
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(2) That the applicant has intemperate habits or a bad reputation for truth, honesty, and integrity;
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(3) That the applicant has been refused, or has had revoked, any license or permit by an agency of government for lack of good moral character;
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(4) That the applicant has knowingly made any false, misleading, or fraudulent statement of facts in the application or any other document required by the city in conjunction therewith.
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(f) Appeal. If the Chief of Police denies an application for a work permit, the applicant may appeal to the City Council in accordance with section 2-52 of this Code.
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(g) Suspension or revocation of permit. After notice to a permittee and the holding of a hearing, as provided in subsections 2-53(4) and (5) and section 2-55 of this Code, the Council may suspend or revoke a work permit on grounds that the permittee has violated the provisions of this section, there has been a material change in any of the facts in the permittee's application, or the permittee has violated any applicable provisions of section 6-122.
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(h) Permit nontransferable. No card room work permit shall be assignable or transferable.
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
(i) Permit is personal. No permit shall be issued to or acquired by an executor, administrator, trustee, conservator, or guardian.
(Code 1965, § 4134; Ord. No. 502; Ord. No. 1106; Ord. No. 1154)
Secs. 6-124--6-150. Reserved.
ARTICLE VI. CARNIVALS, CIRCUSES, FAIRS, AND AMUSEMENT PLACES
Sec. 6-151. Definition.
As used in this article, the words "amusement activity" or "activity" are defined to mean and include one or more carnivals, circuses, fairs, tent shows, exhibits, games of skill, rides, or devices, when conducted on a temporary outside site for a limited period of time not to exceed seven days, unless a permit is obtained from the city. Nothing in this article shall be construed to authorize the conduct of any gambling or any game or device prohibited by the laws of the state or the city. Any amusement activity or activity sponsored or underwritten in whole or in part by the city shall not be covered by this article.
(Code 1965, § 6424; Ord. No. 847)
Cross references: Definitions generally, § 1-10.
Sec. 6-152. Permit required.
Any person, firm, or corporation desiring a permit required by this article shall make application therefor to the Chief of Police. Such application must be made at least 15 days prior to the commencement of the amusement activity. The application shall be verified and shall set forth:
(Code 1965, § 6425; Ord. No. 847)
(1) The name and address of the applicant;
(Code 1965, § 6425; Ord. No. 847)
(2) If the applicant is a corporation, the names and addresses of the corporate officers;
(Code 1965, § 6425; Ord. No. 847)
(3) The name and address of the proprietor and the person to be in immediate charge of the place of amusement;
(Code 1965, § 6425; Ord. No. 847)
(4) The location at which it is proposed to conduct the place of amusement;
(Code 1965, § 6425; Ord. No. 847)
(5) A description of the amusement devices proposed to be conducted, the placement of these devices, and the method of operation;
(Code 1965, § 6425; Ord. No. 847)
(6) The inclusive dates during which the place of amusement is proposed to be kept open each day;
(Code 1965, § 6425; Ord. No. 847)
(7) Such other information as may be required by the Chief of Police.
(Code 1965, § 6425; Ord. No. 847)
Sec. 6-153. Investigation by Chief of Police; issuance; permit nontransferable.
The Chief of Police may cause such investigation to be made as he deems necessary and shall thereafter approve the issuance of such proposed permit if he finds that the application for the permit is complete and contains no false or misleading information, that the proprietor and the person to be in immediate charge of the place of amusement have not been convicted of crimes involving moral turpitude, physical violence, or illegal use, sale, or possession of drugs or narcotics, that the proposed place of amusement is so located as to not disturb the public peace or be injurious to good morals, and that the conducting thereof in the proposed location will not disturb the peace and quiet of any considerable number of persons residing in the vicinity thereof; otherwise, the Chief of Police may disapprove the application. Upon approval by the Chief of Police of an application, he shall issue the permit. No permit issued pursuant to the provisions of this article shall be transferable.
(Code 1965, § 6426; Ord. No. 847)
Sec. 6-154. Location requirements.
No amusement activity governed hereby shall be located in any zone where such activity is not permitted by the zoning regulations of the city. No part of any amusement activity, including rides, booths, exhibits, concession stands, equipment, or other facilities connected therewith, shall be located closer than 300 feet to any occupied residence. Carnivals, fairs, and other amusement activities operated by schools, churches, and other local nonprofit educational or charitable organizations may be exempted from this requirement by the Chief of Police, provided that the amusement activity will not, in the judgment of the Chief of Police, be a nuisance to residents within the 300-foot radius of such activity.
(Code 1965, § 6427; Ord. No. 847)
Sec. 6-155. Hours of operation.
No amusement activity regulated by this article shall operate between 11:00 p.m. and 8:00 a.m. of the following morning, Monday through Friday, and between 12:00 midnight and 8:00 a.m. of the following morning on Saturday and Sunday. The Chief of Police may further restrict the hours of operation of any amusement activity if such restriction, in his judgment, is necessary to prevent a public nuisance in surrounding residential areas.
(Code 1965, § 6428; Ord. No. 847)
Sec. 6-156. Operation on public streets prohibited.
No amusement activity, or any equipment used in connection therewith, shall be operated or be located upon a public street or alley, except that a parade operating under specific authority from the city may operate on designated public streets and alleys.
(Code 1965, § 6429; Ord. No. 847)
Cross references: Streets, sidewalks, and other public places, ch. 90.
Sec. 6-157. Lighting to be directed away from adjacent residences.
All lights and illumination of an amusement activity regulated hereby, including facilities, equipment, and rides, shall be arranged to direct the light and glare away from any adjacent residences.
(Code 1965, § 6430; Ord. No. 847)
Sec. 6-158. Adequate lighting required; emergency lighting.
It shall be unlawful to operate any amusement activity at nighttime when there is inadequate lighting in the amusement activity area. The area around and between tents, facilities, and equipment of any amusement activity shall be well lighted at all times during the operation of such amusement activity, or any part thereof. An emergency lighting system, approved by the city Building Official, to provide adequate lighting for orderly evacuation in event of disaster or emergency shall be provided by the permittee when required.
(Code 1965, § 6431; Ord. No. 847)
Sec. 6-159. Sound amplifying equipment.
All sound amplifying equipment used in conjunction with any amusement activity regulated hereby shall comply with the following regulations:
(Code 1965, § 6432; Ord. No. 847)
(1) The volume of sound shall be controlled so that it will not be audible for a distance in excess of 300 feet from its source;
(Code 1965, § 6432; Ord. No. 847)
(2) No sound amplifying equipment shall be operated with an excess of 15 watts of power in the last stage of amplification;
(Code 1965, § 6432; Ord. No. 847)
(3) Any sound truck used to advertise any amusement activity regulated hereby shall comply with the requirements and regulations of chapter 122, article XII, of this Code.
(Code 1965, § 6432; Ord. No. 847)
Sec. 6-160. Ground cover.
In the event the amusement activity is not conducted on a paved or lawned area, the Chief of Police may require the applicant to treat the area with some type of temporary ground cover, such as oil, wood chips, gravel, or similar material that will inhibit and control dust. In making his determination hereunder, the Chief of Police shall take into account such things as the amusement activity involved and the area being used, its proximity to other areas, and the length of time for which the permit is issued.
(Code 1965, § 6433; Ord. No. 847)
Sec. 6-161. Off-street parking.
When determining site suitability, the Chief of Police shall consider the availability of off-street parking to accommodate the intended amusement activity. If the Chief of Police determines that the available off-street parking is inadequate, he may disapprove the application in whole or in part. In making this determination, the Chief of Police shall consider the size of the amusement activity, the hours of operation, the type of uses in the vicinity, and the availability of on-street parking.
(Code 1965, § 6434; Ord. No. 847)
Cross references: Stopping, standing and parking, § 106-311 et seq.
Sec. 6-162. Fencing and pedestrian control.
The Chief of Police may, in the interest of public safety, require fencing of all, or a portion of, the amusement activity site in order to control pedestrian movement to and from the said site. He may also designate the means of pedestrian ingress and egress for the said amusement activity.
(Code 1965, § 6435; Ord. No. 847)
Sec. 6-163. Health and sanitation.
The amusement activity, and each portion thereof, shall conform to the health and sanitation requirements established by the city Health Officer and by applicable state and city laws, including the furnishing of adequate restroom facilities for the public.
(Code 1965, § 6436; Ord. No. 847)
Sec. 6-164. Compliance with building and fire codes and other regulations.
All amusement activities shall comply with the fire codes and any applicable ordinances of the city. Upon request, permittees shall furnish proof to the city that all equipment, rides, tents, and structures utilized in connection with any amusement activity have been inspected and are in compliance with applicable state and city laws and regulations, and shall cooperate with the inspection thereof by local police, fire, building, health, or other public officials and personnel.
(Code 1965, § 6437; Ord. No. 847)
Cross references: Buildings and building regulations, ch. 14.
Sec. 6-165. Bond required.
To ensure that amusement activity areas are kept free of all rubbish, waste matter, and debris and are properly cleaned up and cleared of all such material at the termination of the amusement activity, the Chief of Police may require every applicant for a permit to deposit with the city a cash bond or other security, approved as to form by the City Attorney, in the sum of $500.00. The return of said bond shall be conditioned upon the permittee completely cleaning up and clearing the amusement area, including any off-street parking area, of any rubbish, waste matter, and debris.
(Code 1965, § 6438; Ord. No. 847; Ord. No. 98-2)
Sec. 6-166. Liability insurance.
As a condition precedent to granting an application hereunder, the applicant shall furnish the Chief of Police with a certificate of insurance evidencing commercial general liability insurance against claims for injuries to persons or damages to property which may arise or in connection with the amusement activity conducted by the applicant, the applicant's agents, representatives, and employees in an amount not less than $1,000,000.00 per occurrence for bodily injury, personal injury, and property damage. The city, its officers, officials, employees, agents, and volunteers are to be named as additional insureds under said policy. The said insurance certificate shall indicate the insurance shall be effective during the period that the amusement activity is being conducted in the city.
(Code 1965, § 6439; Ord. No. 847; Ord. No. 98-2)
Sec. 6-167. Revocation or suspension of permit.
Any permit issued pursuant to this article may be suspended or revoked by the Chief of Police for violation of any provision herein contained, or for breach of condition contained in the permit, or for violation of any law of the state or of the city.
(Code 1965, § 6440; Ord. No. 847)
Sec. 6-168. Appeal.
Any person, firm, or corporation aggrieved by the action of the Chief of Police in approving or denying an application for a reduction or exemption from the application fee, in approving or disapproving the issuance of a permit, or in revoking or suspending or refusing to revoke or suspend a permit, may appeal to the Council of the city pursuant to the procedures set forth in section 2-52 of this Code.
(Code 1965, § 6441; Ord. No. 847)
Sec. 6-169. Business license.
Notwithstanding the provisions contained in this article, the applicant shall, unless exempt therefrom, procure a city business license pursuant to chapter 18, article II, of this Code.
(Code 1965, § 6442; Ord. No. 847)
Cross references: Business licenses, § 18-31 et seq.
Sec. 6-170. Exemptions.
The city and the Mt. Diablo Unified School District shall be exempt from the permit requirements set forth in this article.
(Code 1965, § 6443; Ord. No. 983)
Secs. 6-171--6-190. Reserved.
ARTICLE VII. ENTERTAINMENT PERMITS
Sec. 6-191. Definitions.
For purposes of this article, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended.
(Code 1965, § 4181; Ord. No. 868; Ord. No. 84-29; Ord. No. 07-8)
Admission charge. Any charge for the right or privilege to enter any place of entertainment including a minimum service charge, an event charge, a cover charge, a charge for the use of seats and tables, or any other similar charge. It also includes the purchase or presentation of a ticket or token directly or indirectly required as a condition for entrance. It does not include tips, gratuities, voluntary donations, or suggested donations for employees or for any person providing entertainment.
(Ord. No. 07-8)
Chief of Police. Includes the Chief of Police of the City of Concord and his or her designee.
(Ord. No. 07-8)
City Manager. Includes the City Manager of the City of Concord and his or her designee.
(Ord. No. 07-8)
Dance or dancing. Means movement of the human body, accompanied by music or rhythm.
(Ord. No. 07-8)
Disorderly conduct. Any of the following: consumption of alcoholic beverages on public property, public drunkenness, littering, fighting, and such other conduct that constitutes a public nuisance or a violation of law.
(Ord. No. 07-8)
Entertainment or entertainment establishment. Any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen, or participate or that is conducted for the purposes of holding the attention of, gaining the attention of or diverting or amusing guests or patrons, including, but not limited to:
(Ord. No. 07-8)
(1) Presentations by single or multiple performers, such as musical song or dance acts, and concerts;
(Ord. No. 07-8)
(2) Dancing to live or recorded music;
(Ord. No. 07-8)
(3) The presentation of recorded music played on equipment which is operated by an agent or contractor of the establishment, commonly known as a "DJ" or "disc jockey."
(Ord. No. 07-8)
Permittee. A person, persons, or business entity that has been issued a permit as provided in this article.
(Ord. No. 07-8)
Reasonable efforts. Maintaining an adequate number of licensed security personnel, adopting and posting operating policies that are consistent with the requirements of this code and the permit, adhering to those operating policies, training employees to carry out the establishment operating policies, notifying the police of apparent criminal activity, and taking all additional measures, consistent with sound business judgment, necessary to accomplish the required result.
(Ord. No. 07-8)
Responsible person. The permittee, owner, proprietor, promoter, manager, assistant manager or other person exercising control over the operation of an entertainment establishment, whether or not that person is a named permittee.
(Ord. No. 07-8)
Theater. Any commercial establishment where regular sporting events, concerts, motion picture screenings or theatrical performances are given, usually on a stage, and usually with ascending row seating or some arrangement of permanent seating.
(Ord. No. 07-8)
Cross references: Definitions generally, § 1-10.
Sec. 6-192. Entertainment permit required; compliance with other laws.
(a) Unless exempt pursuant to section 6-193, it is unlawful for any person to provide or permit any entertainment that is open to the public without an entertainment permit issued pursuant to this article.
(Code 1965, § 4182; Ord. No. 868; Ord. No. 07-8)
(b) Permits granted hereunder shall not exempt the need for, or excuse any noncompliance with, the zoning ordinance, building code, fire code or any other or additional permit requirement or standard made applicable to the entertainment or entertainment establishment under any other provision of this Code or state or federal law.
(Ord. No. 07-8)
Sec. 6-193. Exemption from the permit requirement.
The following types of entertainment and events are exempt from the permit required by this article. This exemption does not relieve any entertainment establishment from complying with all other applicable laws.
(Code 1965, § 4183; Ord. No. 868; Ord. No. 07-8)
(1) Entertainment conducted or sponsored by a public agency;
(Code 1965, § 4183; Ord. No. 868; Ord. No. 07-8)
(2) Entertainment sponsored by any nonprofit public benefit organization, such as Girl Scouts, Boy Scouts, Little League or Boys and Girls Club, whose primary objective is the sponsoring and control of youth activities and child welfare. If the event is a dance, the following requirements must be met:
(Code 1965, § 4183; Ord. No. 868; Ord. No. 07-8)
(a) No person eighteen (18) years of age or older may be admitted as a guest, unless such person is a bona fide student at, or member of, the sponsoring agency or organization;
(Ord. No. 07-8)
(b) No alcoholic beverages may be served, consumed or permitted on the premises;
(Ord. No. 07-8)
(c) Chaperones from the sponsoring agency are present on the premises at the rate of two adults, who are at least twenty-five (25) years of age or older, for every one hundred (100) guests; and
(Ord. No. 07-8)
(d) The event must finish by 12:00 a.m., and the premises and the adjoining parking lots must be promptly vacated by all the guests.
(Ord. No. 07-8)
(3) Entertainment lawfully conducted at any city park, building or recreational facility;
(Code 1965, § 4183; Ord. No. 868; Ord. No. 84-29; Ord. No. 07-8)
(4) Entertainment lawfully conducted entirely upon property owned or controlled by a public entity;
(Code 1965, § 4183; Ord. No. 868; Ord. No. 07-8)
(5) Entertainment lawfully conducted or sponsored by a public agency;
(Code 1965, § 4183; Ord. No. 868; Ord. No. 07-8)
(6) Entertainment limited to the use of a radio, music recording machine, juke box, television, video games, video programs, or recorded music by an establishment that does not permit dancing;
(Code 1965, § 4183; Ord. No. 868; Ord. No. 07-8)
(7) Entertainment provided for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge;
(Code 1965, § 4183; Ord. No. 868; Ord. No. 07-8)
(8) Parades;
(Code 1965, § 4183; Ord. No. 868; Ord. No. 1140; Ord. No. 07-8)
(9) Entertainment conducted or sponsored by a bona fide, nonprofit club or association organized for charitable, religious, dramatic, or literary purposes and having an established membership which holds a meeting other than entertainment at regular intervals, so long as the proceeds from the entertainment are used solely for the benevolent purposes of such club, society or association;
(Ord. No. 07-8)
(10) Performances by the students at educational institutions as defined by the Education Code where such performances are part of an educational or instructional curriculum or program;
(Ord. No. 07-8)
(11) Entertainment lawfully conducted or sponsored by a public or private school;
(Ord. No. 07-8)
(12) Theater;
(Ord. No. 07-8)
(13) Dance lessons, theatrical and performing arts lessons and student recitals;
(Ord. No. 07-8)
(14) The normal and customary fitness services provided by an athletic club or fitness center.
(Ord. No. 07-8)
Sec. 6-194. Hours of operation.
(a) Except as otherwise provided, all entertainment establishments shall be closed and all patrons shall vacate the premises or establishment by 2:00 a.m., unless extended hours are approved pursuant to section 6-199. It is unlawful for any responsible person to fail to abide by the hours of closure.
(Code 1965, § 4184; Ord. No. 868; Ord. No. 07-8)
(b) A responsible person must be present in the entertainment establishment during all hours that the entertainment establishment is open and offering entertainment.
(Ord. No. 07-8)
Sec. 6-195. Disturbing the peace; disorderly conduct.
(a) Each responsible person shall make reasonable efforts to prevent the admittance of any person whose conduct is described in Penal Code Section 415 or 647. Each responsible person shall make reasonable efforts to remove any persons exhibiting such conduct from the establishment or premises.
(Code 1965, § 4185; Ord. No. 868; Ord. No. 07-8)
(b) Each responsible person shall make reasonable efforts to prevent the admittance of any obviously intoxicated person. For purposes of this section, a person is "obviously intoxicated" when he or she exhibits readily apparent outward manifestations of drug or alcohol intoxication, including but not limited to, inability to walk or stand in a normal manner, bloodshot or glassy eyes, flushed face, incoherent or slurred speech, odor of an alcoholic beverage on one's breath, belligerence or other loud or boisterous conduct, or extreme agitation or nervousness or mental confusion.
(Code 1965, § 4185; Ord. No. 868; Ord. No. 07-8)
(c) Each responsible person shall make reasonable efforts to control the conduct of patrons so as to prevent or minimize disorderly or unlawful conduct within the establishment, at the premises or on any parking lot or similar facility used by the establishment.
(Code 1965, § 4185; Ord. No. 868; Ord. No. 07-8)
Sec. 6-196. Orderly dispersal required.
Each responsible person shall use reasonable efforts to cause the orderly dispersal of individuals from the vicinity of the establishment at closing time, and shall not allow them to congregate at the premises or on any parking lot or similar facility used by the establishment.
(Code 1965, § 4186; Ord. No. 868; Ord. No. 07-8)
Sec. 6-197. Chief of Police authority; immediate threat to public safety.
(a) The Chief of Police may require a permittee or responsible person to close down operations and disperse all patrons for the remainder of its daily operation whenever conduct by disorderly patrons reaches a magnitude that presents an immediate threat to the public safety or well-being of the patrons and general public in the vicinity. The decision of the Chief of Police shall be final.
(Code 1965, § 4187; Ord. No. 868; Ord. No. 07-8)
(b) It is unlawful for any person to fail to comply with any directive issued by the Chief of Police under authority of subsection (a).
(Ord. No. 07-8)
Sec. 6-198. Application for permit.
(a) All applications for permits shall be filed with the Chief of Police on such forms as he or she may prescribe, and shall contain the following:
(Code 1965, § 4188; Ord. No. 868; Ord. No. 07-8)
(1) The name and permanent address of the applicant and all other persons having a financial interest in the operation of the entertainment, business or premises where the entertainment is to be located;
(Code 1965, § 4188; Ord. No. 868; Ord. No. 84-29; Ord. No. 07-8)
(2) A description of the proposed entertainment, including the maximum number of persons who are expected to be present within the entertainment establishment at any one time;
(Code 1965, § 4188; Ord. No. 868; Ord. No. 07-8)
(3) The proposed opening date and hours of operation of the entertainment establishment;
(Code 1965, § 4188; Ord. No. 868; Ord. No. 07-8)
(4) For special or limited duration events, the date or dates, hours and location of the proposed entertainment;
(Code 1965, § 4188; Ord. No. 84-29; Ord. No. 07-8)
(5) The proposed security arrangements for the control of patrons;
(Ord. No. 07-8)
(6) The name or names of the person or persons having management or supervision authority over the proposed entertainment, or any business or premises wherein the entertainment is proposed to be located;
(Ord. No. 07-8)
(7) Whether or not the applicant or any other responsible person(s) have been convicted of a misdemeanor or felony offense within the past five years, the nature of such offense(s), and the sentence(s) received therefore;
(Ord. No. 07-8)
(8) Written consent for the proposed entertainment on the premises from the owner of the property on which the entertainment is to be conducted; and
(Ord. No. 07-8)
(9) Such other information as the Chief of Police shall deem necessary for the proper processing and review of the application;
(Ord. No. 07-8)
(b) The applicant and all responsible persons shall submit to fingerprinting by the Chief of Police;
(Ord. No. 07-8)
(c) Every application for a permit shall be accompanied by a nonrefundable application fee as established by Resolution of Fees and Charges for Various Municipal Services. This application fee shall be in addition to any other license or permit fee imposed by this code upon the applicant.
(Ord. No. 07-8)
Sec. 6-199. Extended operating hours.
(a) An applicant for a permit may request, and the Chief of Police may approve, extended operating hours that will be applicable to the permitted entertainment establishment. The extended operating hours approved by the Chief of Police, and any conditions relating thereto, shall be specifically stated in the permit.
(Code 1965, § 4189; Ord. No. 868; Ord. No. 84-29; Ord. No. 07-8)
(b) Any entertainment establishment, exempt from the permit requirement pursuant to section 6-193, may apply for a permit under the procedures provided in this article, for the sole purpose of obtaining extended operating hours. The extended operating hours approved by the Chief of Police, and any conditions relating thereto, shall be specifically stated in the permit.
(Code 1965, § 4189; Ord. No. 868; Ord. No. 84-29; Ord. No. 07-8)
Sec. 6-200. Investigation of application and issuance of permit.
(a) The Chief of Police shall conduct a thorough investigation of the application.
(Code 1965, § 4190; Ord. No. 868; Ord. No. 07-8)
(b) The Chief of Police shall approve the issuance of the entertainment permit if he or she finds:
(Ord. No. 07-8)
(1) That issuance of the permit and conduct of the entertainment at the proposed location, as conditioned, is consistent with federal, state and local laws, rules, and regulations.
(Ord. No. 07-8)
(2) Neither the applicant or any responsible person or principal of the applicant has, within the past five years, been convicted of a felony or other crime of moral turpitude that is substantially related to the qualifications, functions or duties of a proprietor of premises upon which the entertainment activities are conducted; and
(Ord. No. 07-8)
(3) Neither the applicant or any responsible person or principal of the applicant has a history of committing, permitting or failing to prevent significant violations of the city code, or any license or permit, in connection with an entertainment establishment for which he or she was a responsible person; and
(Ord. No. 07-8)
(4) It does not appear, based upon the information before the Chief of Police, that the applicant has provided false or misleading material information in the application.
(Ord. No. 07-8)
(c) Where the Chief of Police does not approve a permit, the Chief of Police shall inform the applicant of the reason(s) for the denial in writing.
(Ord. No. 07-8)
Sec. 6-201. Conditions imposed by Chief of Police.
The Chief of Police may impose reasonable conditions on the permit that are necessary for the protection of the public peace, health, safety and the general welfare, including but not limited to such additional police protection as may be required to be provided and paid for by the permittee for the purpose of enforcing this section.
(Code 1965, § 4191; Ord. No. 868; Ord. No. 07-8)
Sec. 6-202. Police attendance at a special event.
In any instance in which the Chief of Police determines that a special event or occurrence at an entertainment establishment requires police officer attendance, as defined in section 54-121, the permittee shall comply with the provisions set forth in section 54-121 and shall enter into a written agreement with the City of Concord to pay for such police services.
(Code 1965, § 4192; Ord. No. 868; Ord. No. 07-8)
Sec. 6-203. Display of permits.
The permit issued pursuant to this article shall at all times be displayed in a conspicuous place in the entertainment establishment for which it was issued and shall be immediately produced upon the request of any police officer.
(Code 1965, § 4193; Ord. No. 868; Ord. No. 07-8)
Sec. 6-204. Duration of permit.
A permit issued pursuant to this article shall be valid for one year from the date it was issued subject to any conditions or restrictions existing at the time it was issued.
(Code 1965, § 4194; Ord. No. 868; Ord. No. 84-29; Ord. No. 07-8)
Sec. 6-205. Permits not transferable.
Permits issued pursuant to this article are not transferable to another person or location.
(Code 1965, § 4195; Ord. No. 868; Ord. No. 84-29; Ord. No. 07-8)
Sec. 6-206. Suspension or revocation of permit.
(a) After notice and an opportunity for a hearing, the Chief of Police may suspend, modify or revoke any permit issued pursuant to the provisions of this article for any of the following reasons:
(Ord. No. 07-8)
(1) The entertainment has been conducted in a manner contrary to the findings for the issuance of a permit set forth in section 6-200;
(Ord. No. 07-8)
(2) The permittee has failed to comply with one or more conditions of the permit;
(Ord. No. 07-8)
(3) The permittee or his/her employees, agents, or representatives have violated or are violating federal, state or local laws, rules or regulations in connection with the entertainment;
(Ord. No. 07-8)
(4) The permit holder is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the place of entertainment is located which offense is classified by the State as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, drug offenses, violence, or unlawful possession of a weapon including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 166.4, 187, 203, 207, 243(d), 243 (e)(1), 243.4, 244, 245, 246.3, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 273.5, 273.6, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, 417, 647, 653k, 12020(a), 12025, 12031, and Health & Safety Code Sections 11350, 11351, 11358, 11359, 11370.1, 11378 and 11379.
(Ord. No. 07-8)
(5) If, on two or more occasions within a twelve (12) month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection (4) of this section as a result of such person's activity on the premises or property on which the place of entertainment is located, and the person or persons were employees, contractors or agents of the place of entertainment at the time the offenses were committed;
(Ord. No. 07-8)
(6) The entertainment has been conducted in an illegal or disorderly manner or has been conducted in such a manner as to constitute an unreasonable burden on the reasonable use and enjoyment of neighboring properties or the establishment has been operated in an illegal or disorderly manner;
(Ord. No. 07-8)
(7) The applicant gave materially false, fraudulent or misleading information or has knowingly omitted a material fact in the application;
(Ord. No. 07-8)
(8) The entertainment has created or is creating a nuisance;
(Ord. No. 07-8)
(9) Music or noise from the establishment for which the permit was issued interferes with the peace and quiet of the neighborhood; or
(Ord. No. 07-8)
(10) The permittee or any other responsible person has violated any provision of this article.
(Ord. No. 07-8)
(b) In the event the Chief of Police proposes to suspend or revoke a permit, written notice of the proposed suspension or revocation shall be personally delivered or sent by certified mail to the permittee at least fourteen (14) calendar days prior to the date of the proposed suspension or revocation. The notice shall contain:
(Ord. No. 07-8)
(1) A brief statement on the specific grounds for such suspension or revocation;
(Ord. No. 07-8)
(2) A statement that the permittee may request a hearing on the proposed suspension or revocation by submitting a request for hearing, in writing to the Chief of Police, within ten (10) calendar days of the date of service of the notice;
(Ord. No. 07-8)
(3) A statement that the failure to request a hearing on the proposed suspension or revocation will constitute a waiver of all right to a hearing, and the suspension or revocation will be final.
(Ord. No. 07-8)
(c) The hearing shall be conducted by the Chief of Police. The hearings are informal, and formal rules of evidence, discovery and hearing procedures do not apply.
(Ord. No. 07-8)
(1) Failure to properly file a written request for hearing on the proposed suspension or revocation within ten (10) calendar days of the date of service of the notice will constitute a waiver of all rights to a hearing, and the suspension or revocation will be final. Failure to properly and timely request a hearing on the proposed suspension or revocation shall also constitute a failure to exhaust administrative remedies.
(Ord. No. 07-8)
(2) If the permittee files a timely request for a hearing and then fails to appear at the hearing, the appeal is abandoned, and the decision of the Chief of Police is final. Failure to appear at the hearing constitutes a waiver of all rights to an appeal hearing and shall also constitute a failure to exhaust administrative remedies.
(Ord. No. 07-8)
(d) Written notice of the decision of the Chief of Police shall be given to the permittee within ten (10) working days following the hearing by personal delivery thereof or deposit of such notice in the U.S. Mail, postage prepaid.
(Ord. No. 07-8)
Sec. 6-207. Renewal of permits.
(a) A permittee may apply for permit renewal by submitting to the Chief of Police before the expiration of any permit, a renewal application and a non-refundable renewal fee in an amount set by Resolution of Fees and Charges for Various Municipal Services.
(Ord. No. 07-8)
(b) If a timely and complete application for renewal is filed, the permit's expiration shall be stayed until a decision on the renewal application is issued.
(Ord. No. 07-8)
(c) The Chief of Police shall either approve or deny the renewal of a permit within forty-five (45) working days of receipt of the complete application. The Chief of Police may extend the time for consideration of the application for up to an additional fifteen (15) working days with the written consent of the applicant.
(Ord. No. 07-8)
(d) The Chief of Police shall approve the renewal of a permit if he or she finds that no circumstances existed during the term of the permit, existed at the time of submission of an application for renewal, or existed at any time during the review of the application for renewal that is inconsistent with any finding required for approval of a new permit for the applicant or location as specified in section 6-200 or would justify the suspension or revocation of the permit as specified in section 6-206. Notwithstanding the above, the Chief of Police may add, delete or modify the permit conditions as a condition of permit renewal, using the criteria set forth in section 6-201.
(Ord. No. 07-8)
Sec. 6-208. Appeals.
(a) Any person aggrieved by the decision of the Chief of Police with reference to sections 6-199, 6-200, 6-201, 6-206, and 6-207 shall have the right of appeal to the City Manager. Such appeal shall be in writing on a form prescribed by the City Manager and shall be filed with the City Manager's Office within ten calendar days of the action being appealed.
(Ord. No. 07-8)
(b) Any person aggrieved or dissatisfied with the decision of the City Manager may appeal to the City Council pursuant to section 2-52 of this Code.
(Ord. No. 07-8)
Sec. 6-209. Permits issued prior to the effective date of this section.
Unless an earlier expiration date is specified in the terms of the permit itself, an entertainment permit issued on or before the effective date of this section shall be valid for one year from the effective date of this section and shall terminate thereafter. Notwithstanding any other provision of this chapter, all entertainment permits issued on or before the effective date of this section shall be subject to suspension or revocation pursuant to section 6-206.
(Ord. No. 07-8)
Sec. 6-210. Enforcement.
Pursuant to the city's prosecutorial discretion, the city may enforce violations of the provisions of this article as criminal, civil and/or administrative actions. Any entertainment establishment operated, conducted, or maintained contrary to the provisions of this article shall be unlawful and a public nuisance, and the City Attorney may, in the exercise of discretion, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in any manner provided by law.
(Ord. No. 07-8)
Sec. 6-211. Severability.
If any provision or clause of this article or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision of application, and to this end the provisions of this article are declared to be severable.
(Ord. No. 07-8)
Secs. 6-212--6-230. Reserved.
ARTICLE VIII. MECHANICAL AND ELECTRONIC GAMES
Sec. 6-231. Purpose and intent.
The City Council finds that there are an increasing number of commercial premises where mechanical or electronic games are available for the use of the public and finds that, if not regulated and controlled by reasonable licensing procedures, commercial premises offering video games may: (1) be managed by persons who are not of good moral character or reputation; (2) be unsafe places for persons to congregate; (3) increase in number and downgrade a neighborhood; and (4) operate in a manner contrary to the best interests of the public health, safety, and welfare by allowing schoolchildren to play the games during school hours or after curfew or by encouraging minors to congregate in areas close to commercial establishments that sell alcoholic beverages. The City Council determines that the public health, safety, and welfare require the establishment of regulations: (1) as to the persons who will manage commercial premises where mechanical/electronic games may be played; (2) for the location and operation of such premises; and (3) for the issuance of permits and licenses, including limitations on transfer and assignment.
(Code 1965, § 6200; Ord. No. 83-8)
Sec. 6-232. Definitions.
The following words shall have the meaning set forth herein:
(Code 1965, § 6201; Ord. No. 83-8)
Manager. The person on duty who has final authority over and responsibility for business premises.
(Code 1965, § 6201; Ord. No. 83-8)
Mechanical or electronic games. Any machine, apparatus, contrivance, appliance, or device which may be operated or played upon by placing or depositing therein any coin, check, slug, ball, or any other article or device, or by paying therefor either in advance of or after use, and which involves the use of either skill or chance. Such games include, but are not limited to, electronic video games, tape machines, card machines, pinball machines, bowling game machines, shuffleboard machines, marble game machines, horse racing machines, basketball game machines, baseball game machines, football game machines, or any other similar machines or devices.
(Code 1965, § 6201; Ord. No. 83-8)
Operator. Any person who owns or leases mechanical or electronic games and installs the same in any place of business not his own.
(Code 1965, § 6201; Ord. No. 83-8)
Person. Any individual, corporation, association, syndicate, joint stock company, partnership, club, society, or similar entity.
(Code 1965, § 6201; Ord. No. 83-8)
Premises. Any structure, or portion of a structure, which contains mechanical or electronic games.
(Code 1965, § 6201; Ord. No. 83-8)
Proprietor. Any person in whose premises any mechanical or electronic game is placed for the use, amusement, patronage, or recreation of the public or of persons in or about said place.
(Code 1965, § 6201; Ord. No. 83-8)
School. Any educational institution, public, private, secular, or parochial, which offers instruction of high school grade or below.
(Code 1965, § 6201; Ord. No. 83-8)
Street. Any street, alley, way, boulevard, or road, either public or private, that is used or to be used for ingress or egress.
(Code 1965, § 6201; Ord. No. 83-8)
Cross references: Definitions generally, § 1-10.
Sec. 6-233. Exemptions.
This article shall not apply to the following:
(Code 1965, § 6202; Ord. No. 83-8)
(1) Any premises containing three or fewer mechanical or electronic games, provided that the games produce less than 50 percent of the gross receipts attributable to the premises each calendar year. Notwithstanding the foregoing, section 6-237, relating to use of games by minors, shall apply to all premises containing three or fewer mechanical games;
(Code 1965, § 6202; Ord. No. 83-8)
(2) Premises licensed by the state Department of Alcoholic Beverage Control for on-sale consumption of alcoholic beverages, except for such licensed premises, or portions of such premises, which lawfully permit minors to be present, such as bona fide eating places.
(Code 1965, § 6202; Ord. No. 83-8)
Sec. 6-234. Use permit.
(a) Required. It shall be unlawful for any proprietor to install, operate, maintain, or allow to be installed, operated, or maintained four or more mechanical or electronic games on his premises without first having obtained a use permit, or a use permit amendment, authorizing such games.
(Code 1965, § 6203; Ord. No. 83-8)
(b) Application.
(1) An applicant for a use permit shall submit an application, under oath, to the Chief of Police, in addition to an application with the Planning Department. The application filed with the Police Chief shall include:
(Code 1965, § 6203; Ord. No. 83-8)
a. The criminal record, if any, of the applicant;
(Code 1965, § 6203; Ord. No. 83-8)
b. Fingerprints and a photograph of the applicant;
(Code 1965, § 6203; Ord. No. 83-8)
c. Any other information consistent with the provisions of this section that the Chief of Police may deem necessary to determine whether a use permit shall be issued;
(Code 1965, § 6203; Ord. No. 83-8)
d. If the applicant is not an individual, then the information required shall be provided for each partner, director, and/or officer of the applicant.
(Code 1965, § 6203; Ord. No. 83-8)
The application shall be accompanied by a nonrefundable permit fee in an amount established in the Resolution Establishing Fees and Charges for Various Municipal Services, to cover the expense of conducting an investigation of the applicant.
(Code 1965, § 6203; Ord. No. 83-8)
(2) The Chief of Police may recommend denial of the use permit application on any one of the following grounds:
(Code 1965, § 6203; Ord. No. 83-8)
a. That the applicant has been convicted of, or has pled nolo contendere to, one or more of the following offenses:
(Code 1965, § 6203; Ord. No. 83-8)
1. A crime requiring registration under Penal Code § 290;
(Code 1965, § 6203; Ord. No. 83-8)
2. Violation of Penal Code § 311.2, 311.4, 311.5, 315, 316, 318, 647(a), 647(b), or 647(d), or of any comparable section of any other state's statutes;
(Code 1965, § 6203; Ord. No. 83-8)
3. Violation of any provision of Penal Code pt. I, tit. 9, ch. 10 (Penal Code § 330 et seq.), or of any comparable section of any other state's statutes;
(Code 1965, § 6203; Ord. No. 83-8)
4. A crime requiring registration under Health and Safety Code § 11590.
(Code 1965, § 6203; Ord. No. 83-8)
b. That the applicant has knowingly made any false, misleading, or fraudulent statement of facts in the application or any other document required by the city therewith.
(Code 1965, § 6203; Ord. No. 83-8)
c. That the applicant has had any similar license or permit revoked for good cause within the last year, unless the applicant shows a material change in circumstances since the date of revocation.
(Code 1965, § 6203; Ord. No. 83-8)
As used in this subsection, the term "applicant" shall include the partners, directors, and/or officers of an applicant that is not an individual.
(Code 1965, § 6203; Ord. No. 83-8)
(c) Location criteria. In determining whether to grant or deny an application for such a use permit, or use permit amendment, for any premises, the determining body shall consider the following factors:
(Code 1965, § 6203; Ord. No. 83-8)
(1) Whether the premises and/or the related parking lot are located within 1,000 feet of a school site. The distance shall be measured in a direct line from the property line of the school site to the entrance of either the premises or the parking lot serving the premises;
(Code 1965, § 6203; Ord. No. 83-8)
(2) Whether the premises and/or the related parking lot are within 300 feet of any residential zone. The distance shall be measured in a direct line from the property line of the residential zone to the entrance of either the premises or the parking lot serving the premises;
(Code 1965, § 6203; Ord. No. 83-8)
(3) Whether the premises and/or the related parking lot are within 500 feet of any premises where the primary source of gross receipts is the sale of alcohol (e.g., liquor stores and bars). The distance shall be measured in a direct line from the entrance to the premises selling alcohol, to the entrance of either the premises or the parking lot serving the premises.
(Code 1965, § 6203; Ord. No. 83-8)
(d) Existing games. Within 30 days of the effective date of this section, the proprietor of each premises containing four or more mechanical or electronic games shall submit, on a form prescribed by the Planning Director, information concerning such existing games. If the premises lawfully contain the games thus identified, a use permit, or use permit amendment, shall not be required for such existing games but shall be required of any additional games. Proprietors of premises where games are not lawfully located shall be required to apply for a use permit within 60 days of the effective date of this section.
(Code 1965, § 6203; Ord. No. 83-8)
(e) Revocation. A use permit issued under this section may be revoked if one or more of the following conditions are found to exist:
(Code 1965, § 6203; Ord. No. 83-8)
(1) No adult supervision during hours of operation. "Adult" shall mean a person over the age of 18;
(Code 1965, § 6203; Ord. No. 83-8)
(2) Possession or consumption of alcohol by minors on the premises;
(Code 1965, § 6203; Ord. No. 83-8)
(3) Use, sale, exchange, or the visible presence of illegal drugs or other illegal substances by any person(s) on the premises;
(Code 1965, § 6203; Ord. No. 83-8)
(4) Conditions of the use permit have been violated;
(Code 1965, § 6203; Ord. No. 83-8)
(5) Violations of any state or local statutes have occurred on the premises;
(Code 1965, § 6203; Ord. No. 83-8)
(6) The presence of games on the premises is detrimental to the health, safety, and welfare of the community.
(Code 1965, § 6203; Ord. No. 83-8)
(f) Appeal. Any person aggrieved by the decision of the Planning Commission relating to the granting, denying, revocation, or non-revocation of any use permit granted under this section may appeal the decision by filing an appeal as prescribed under section 2-52 of this Code.
(Code 1965, § 6203; Ord. No. 83-8)
Sec. 6-235. Duties of operators installing games.
It shall be unlawful for any operator to install, or allow to be installed, any mechanical or electronic games on any premises which require a use permit under this article, unless said premises have been issued such a use permit. It shall be unlawful for any operator to install, or allow to be installed, any mechanical or electronic games on any premises where such installation will increase the number of games on the premises beyond the total number authorized by a use permit.
(Code 1965, § 6204; Ord. No. 83-8)
Sec. 6-236. Licensing of managers.
(a) License required. It shall be unlawful for any person to own, maintain, or operate any premises containing four or more mechanical or electronic games unless a manager with a valid license issued pursuant to this section is on the premises at all times the premises are open to the public.
(Code 1965, § 6205; Ord. No. 83-8)
(b) Application. An applicant for a manager's license shall submit an application, under oath, to the Chief of Police. The application shall include:
(Code 1965, § 6205; Ord. No. 83-8)
(1) The criminal record, if any, of the applicant;
(Code 1965, § 6205; Ord. No. 83-8)
(2) Fingerprints and a photograph of the applicant;
(Code 1965, § 6205; Ord. No. 83-8)
(3) Any other information consistent with the provisions of this section that the Chief of Police may deem necessary to determine whether a manager's license shall be issued.
(Code 1965, § 6205; Ord. No. 83-8)
The application shall be accompanied by a nonrefundable permit fee in an amount established in the Resolution Establishing Fees and Charges for Various Municipal Services to cover the expense of conducting an investigation of the applicant.
(Code 1965, § 6205; Ord. No. 83-8)
(c) Denial. The Chief of Police may deny the application for a manager's license on any one of the following grounds:
(Code 1965, § 6205; Ord. No. 83-8)
(1) That the applicant has been convicted of, or has pled nolo contendere to, one or more of the following offenses:
(Code 1965, § 6205; Ord. No. 83-8)
a. A crime requiring registration under Penal Code § 290;
(Code 1965, § 6205; Ord. No. 83-8)
b. Violation of Penal Code § 311.2, 311.4, 311.5, 315, 316, 318, 647(a), 647(b), or 647(d), or of any comparable section of any other state's statutes;
(Code 1965, § 6205; Ord. No. 83-8)
c. Violation of any provision of Penal Code pt. I, tit. 9, ch. 10 (Penal Code § 330 et seq.), or of any comparable section of any other state's statutes;
(Code 1965, § 6205; Ord. No. 83-8)
d. A crime requiring registration under Health and Safety Code § 11590.
(Code 1965, § 6205; Ord. No. 83-8)
(2) That the applicant has knowingly made any false, misleading, or fraudulent statement of facts in the application or any other document required by the city therewith.
(Code 1965, § 6205; Ord. No. 83-8)
(3) That the applicant has had a similar license revoked for good cause within the last year, unless the applicant shows a material change in circumstances since the date of revocation.
(Code 1965, § 6205; Ord. No. 83-8)
(d) Appeal. If the Chief of Police denies an application for a manager's license, the applicant may appeal to the City Council in accordance with section 2-52 of this Code.
(Code 1965, § 6205; Ord. No. 83-8)
(e) Suspension or revocation. After notice to a licensee and the holding of a hearing, as provided in subsections 2-