HomeMy WebLinkAboutOrd 1978-1833 ORDINANCE NO. 1833
AN ORDINANCE OF THE CITY OF CHULA VISTA �AMENDING
TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING
THERETO A NEW CHAPTER 9. 13, ALL RELATING TO THE
REQUIREMENTS FOR OBTAINING LIVE ENTERTAINMENT
LICENSES FOR DANCING, POSING OR MODELING AND REGU-
LATIONS THEREOF
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: That Title 9 of the Chula Vista Municipal Code
be, and the same is hereby amended by adding thereto a new Chapter
9.13 to read as follows:
Chapter 9 . 13 LIVE ENTERTAINMENT LICENSING AND
REGULATIONS.
Sec. 9 . 13 . 010 Purpose and Intent.
It is the intent of the city Council to establish
licensing and regulatory requirements £or the conduct
of live entertainment or cabaret shows featuring persons
dancing, posing or modeling in any place of entertainment'
or establishment serving food, beverages, or food and
beverages in the City of Chula Vista. The Council
intends to establish requirements for licensing and
establish a prohibition against any such entertainment
performed wholly or partially in the nude by male or
female entertainers in any establishment serving food,
beverages , or food and beverages.
Sec. 9 .13.020 Definitions.
"Entertainment" as used in this chapter is defined to
mean any act, play, review, pantomime, scene, song, dance
act, song and dance act, or poetry recitation, conducted
or participated in by any professional entertainer featur= .
ing dancing, posing or modeling, in or upon any premises
to which the public is admitted, except when conducted
by a bona fide nonprofit club or organization as a part
of the social activities o£ such club or organization,
and when conducted solely as a fund raising activity for
charitable purposes. The term "professional entertainer"
as used herein means a person or persons who engage for
livelihood or gain in the presentation of such entertainment.
"Entertainment" as used herein does not include:
(a) Mechanical music and singing alone;
(b) Instrumental music and singing alone, except between
the hours of 2 : 00 a.m. and 6 :30 a.m. ;
(c) Dancing participated in only by customers,
however, this subsection does not exempt ex-
hibition dancing by a person receiving com-
pensation for such exhibition dancing.
(d) A fashion or style show.
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Sec. 9 .13 . 030 Entertainment License Required.
No person shall conduct, permit, or assist in the
conducting or the permitting of any entertainment as
defined in this chapter to be shown, staged, exhibited
or produced in any premises to which the public is ad-
mitted unless and until� a written entertainment license
has been obtained from the Chief of Police.
Sec. 9 .13. 040 Entertainment License Fee.
The annual fee for an entertainment license shall be
� the sum of two hundred fifty dollars for the first year
and two hundred dollars for each annual renewal; provided,
however, that no such license need be obtained where such
entertainment is conducted by a bona fide charitable, civic,
religious, benevolent, patriotic or educational organization
or by the United Service Organization. Any determination
as to the exempt status of any applicant shall be made by
_the Chief of Police. �
Sec. 9 . 13 . 050 Application and Deposit for License .
The applicant for any license or licenses in this chapter
' shall be made to the Chief of Police and shall be accompanied
by a deposit in the amount of one hundred fifty dollars, which
deposit shall be nonrefundable. If the license is issued,
said deposit shall be applied in the payment of the license
fee .
Sec. 9 .13. 060 Application Form.
Except as otherwise provided herein, an application for
a license pursuant to the provisions of this chapter shall
be in writing in duplicate and shall specify:
(a) The address of the location for which the license
is required, together with the business name of such loca-
tion.
(b) The name and proposed business address of the appli-
cant. If the applicant is a corporation, the name of the
corporation shall be set forth exactly as shown in its
articles of incorporation; and the applicant shall also
set forth the 3ate and place of incorporation; the names
and residence addresses of each of the officers, directors,
and each stock holder owning more than ten percent of the
stock of the corporation. If the applicant is a partner-
ship, the application shall set forth the name and residence
address of each of the partners, including limited partners.
If one or more of the partners is a corporation, the pro-
� visions of this section pertaining to a corporate applicant
apply.
(c) Whether or not the applicant or any officer or
director or member of applicant, as the case may be , has
ever been convicted of any crime except misdemeanor traffic
violations. In addition to the foregoing, any corporate
applicant whose- securities have been conditioned by the ,
Commissioner of Corporations pursuant to Section 25508 of
the Government Code of California, will state whether or
not any stockholder owning more than ten percent of the
stock of such corporation has ever been convicted of any
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crime except misdemeanor traffic violations. If any
person mentioned in this subsection has been so con-
victed, the place and court in which the conviction
was had, the specific charge under �ahich the conviction
was obtained, and the sentence imposed as the result of
said conviction.
(d) The names and- addresses of the persons who have
authority or control over the place for which the license
is requested, and a brief statement of the nature and
extent of such authority or control. I
(e) The name and address of each of the owners of the
premises upon which the licensed activity is to be con-
ducted, if the applicant is leasing such premises from
the owner,
(f) Such information pertinent to the operation of
the proposed activity, including inforr.tation as to manage-
ment, authority, control, financial agreements, and lease
arrangements, as the Chief of Police may require of an
applicant in addition to the other requirements of this
section. The foregoing examples are in explanation and
not in limitation of the information which the Chief of
Police may require.
(g) The address to which notice, when required, is
to be sent or mailed, and the name and address of a
person authorized to accept service of process, if not
otherwise set forth herein.
(h) Whether the application is for a new license or
for the renewal of an existing license.
Sec. 9 . 13 . 070 Verification of Application.
Every application for a license under this chapter
shall be verified as provided in the Code �of Civil Pro-
cedure for the verification of pleadings .
Sec. 9 .13 . 080 Investigation by Chief of Police.
Immediately upon receipt of any application for a license,
the Chief of Police shall "proceed to investigate the truth
of the matters set forth in said application, the character
of .the applicant, the character of the persons who have
direct management of the premises, the character of the
premises proposed to be licensed, and the propriety of the
use of such premises for the conduct of the business pro-
posed to be licensed.
Sec. 9 . 13. 090 Allowance or Denial of Application
and Appeal.
The Chief of Police shall issue, conditionally issue,
or deny the license for 'which application is made. The
Chief of Police shall have the power to deny any applica-
tion' if it shall appear that the applicant, or the person
to have direct management of the premises, is not a
suitable or property person to carry on the business for
which the license is sought, or if the premises proposed
to be used in the conduct of the business to be licensed �
shall be deemed not to .be a suitable or proper place
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therefor, or if the •health, welfare or public morals of
the community, warrant such denial. .The Chief o£ Police
May issue the license upon such conditions as he deter-
mines would eliminate ' the 'situations which would other-
wise resu3t in� denial of the license . Otherwise, the
Chief of Police shall issue the license. �The applicant
may appeal from' the denial of a license, or from the
issuance of a license upon �conditions , in the manner
provided for herein.
Any"person aggrieved by the denial of a license or by
the issuance of -a license upon conditions may appeal to
the City• Council,. Such appeal shall, within five days
after notice of' denial of a .license or issuance of a
license upon'.condition, be filed with the City Clerk, ,
who. shall set the matter for hearing as soon as practical
and notify 'by mail the Chief of Police and the applicant
or licensee of the time and place set for said hearing.
Any interested person may appear and present evidence at I
the public hearing. If the appeal is from the denial 'of ,
a license or Prom,the issuance of a license upon conditions,
said City Council may deny the issuance of the license,
issue the license , or issue the license subject to speci- j
fied conditions if it determines that by the imposition
of such conditions reasonable objections of the Chief of
Police would be eliminated. The action of the City Council
on such appeal shall be final.
Sec. 9 . 13. 100 License Not Transferable
No license issued pursuant to this chapter shall be
assignable or transferable. In the event that any
licensee under this chapter shall desire to transfer
his business. to another person, such person to whom such
business shall be transferred shall make application to
the Chief of Police for a new license, which application
shall. be investigated by the Chief of Police as herein-
. above .provided... No portion of the license fee paid by
the prospective transferor of the license shall be re-
funded.
Sec. 9 . 13 . 110 Mandatory Denial.
• In any case where an applicant knowingly or deliberately
makes any material false statement on an application 'for
' � - a .license, such application shall be denied.
Sec. 9 . 13.120 Suspension or Revocation.
" Zn addition to the causes for denial of a license as
set forth herein, any license issued under this chapter
may be revoked or suspended at any time after a hearing,
notice of which has been given to the licensee more than
� ten days prior to said hearing, when the City Council
finds :
(a) The� conduct of the establishment is contrary to
the public interest, or does not comport with the public
welfare; or
(b) The establishment has been operated in an illegal,
improper or disorderly manner; or
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(c) Any person listed in the license application has
violated, or permitted any violation, or has been con-
victed of a violation of law in the course, conduct or ,
operation of such .business. A conviction in any court
of competent jurisdiction shall be sufficient to justify
a finding under this section, excepting convictions for
� misdemeanor traf£ic violations.
Sec. 9 .13 . 130 Convictions.
Upon receipt of a certified copy of a judgment of
conviction of a licensee under this chapter of any
violation of any provision of this chapter, the Chief
of Pdlice may immediately suspend the license or licenses
of such convicted licensee, remove such license or
licenses from the premises and deliver the suspended
license or licenses to the City Council for safekeeping
pending a hearing. The Council sha71 immediately there-
� after set' a date for a public hearing no later than
twenty-five days after the date of suspension. At
said hearing it shall be determined whether the license
or licenses should be suspended further, modified, con-
ditioned or revoked. The Council shall notify the
licensee in writing of the cause for suspension and the
date and place of the hearing no less than ten days
before the date set for such� hearing.
Sec. 9 .13 .140 Noise Abatement.
Whenever, after a hearing notice of which must be
given ten days prior thereto, it shall be determined
that noise from any establishment licensed under this
chapter interferes with the right of persons dwelling
in the vicinity of such establishment to the peaceful
and quiet use and enjoyment of their property, the
Council may require that the premises be soundproofed
in a manner that in the judgment of the Council will be
effective to eliminate the noise or reduce it to a rea-
sonable level. In taking any action under this section,
, the Council must balance all of the interests of the
respective par-ties, as well as the hardship which will
result from any order. If the Council finds that the
noise complained of is of a minimum or inconsequential
degree , no action shall be taken under this section. If
a licensee fails, within a reasonable time and after
having been ordered to do so pursuant to this section,
to take such steps as were ordered to abate any noise,
his license shall be suspended after a second hearing,
ten days notice of which must be given, until such time
as he complies with the order.
Sec. 9 .13. 150 Miscellaneous �Rules.
No professional entertainer or employee may dance,
unnecessarily converse, or associate with any customer
during any entertainment period, and not at all except
in a formal manner, provided, however, that a regularly
scheduled audience participation type of entertainment
may be presented' during the time stated and in the manner
described in an advertisement posted at the premises and
appearing in a regularly printed program. Provided,
further, that a copy o£ said advertisement shall be
received by the Chief of Police twenty-four hours prior
to the conducting of said audience participation enter-
tainment.
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� ' Sec. 9 . 13. 160 Motion Pictures Prohibited.
No person or persons licensed pursuant to this chapter
or required to be . licensed under this chapter shall show,
project or permit to be shown or projected in any esta-
blishment licensed pursuant to this chapter or required
to be so licensed, any motion picture, still picture, or
slide, the main subject of which is the depiction of the
human body, or any portion thereof, whether clothed or
unclothed , unless and until the license of such establish-
ment is specifically endorsed by the ,Chief o£ Police to
permit such showing.
Sec. 9 . 13. 170 Going Business - Extension of Time.
Any person who on the effective date of this ordinance
is conducting, permitting, or assisting in the conducting
or permitting of any entertainment as defined herein to
be shown, staged, exhibited or produced in any premises
to which the public is admitted may continue operation,
but shall within thirty days of said effective date, make
application pursuant to the provisions of this ordinance.
Sec. 9 .13. 180 Public Exposure Prohibited Where Food
or Beverages Consumed.
No person shall expose his or her genitals , pubic
hair, buttocks, or any portion of the female breast, at
or below the areola thereof, in an establishment which
serves food, beverages , or food and beverages including
but not limited to alcoholic beverages for consumption
on the premises of such establishment.
Sec: 9 . 13.190 Simulated Public Exposure Prohibited
Where Food or Beverages Consumed.
No person shall whether for compensation or not wear,
use or employ any device, costume or covering which gives
the appearance of , or simulates the genitals, pubic hair,
or the buttocks in an establishment which serves food,
beverages, or food and beverages for consumption on the
premises of such establishment.
Sec. 9 . 13 . 200 Procuring Public Exposure Unlawful
Where Food or Beverages Consumed.
No person shall permit, procure, counsel or assist
another person to expose his or her genitals , pubic
hair, buttocks, or any portion of the female breast, at
or below the areola thereof , whether for compensation or
not, in an establishment which serves food, beverages,
food or beverages including but not limited to alcoholic
beverages for consumption on the premises of such esta-
blishment.
Sec. 9 . 13. 210 Procuring Simulated Public Exposure
Unlawful Where Food or Beverages Consumed.
No person shall permit, procure , counsel or assist
another person to wear, use or employ any device, costume
or covering which gives the appearance of , or simulates
the genitals, pubic hair or the buttocks in an establish-
ment which serves food, beverages or food and beverages
including but not limited to alcoholic beverages for
consumption on the premises of such establishment.
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Sec. 9 . 13.220 Entertainer, Public Exposure Prohibited.
No person shall while acting as an entertainer, whether
for compensation or not, expose his or her genitals, pubic
hair, the natal cleft, or perineum, or any portion of the
female breast, at or below the areola thereof, in an
establishment which serves food, beverages, or food and
beverages including but not limited to alcoholic beverages
for consumption on the premises 'of such establishment.
Sec. 9 . 13.230 Entertainer, Procuring Public Exposure
Unlawful.
No person shall permit, procure, counsel or assist
another person, acting as an entertainer, whether for
compensation or not, to expose his or her genitals, pubic
hair, the natal cleft or perineum or any portion of the
female breast at or below the areola thereof, in an
establishment which serves food, beverages , or food and
beverages including but not limited to alcoholic beverages
for consumption on .the premises of such establishment.
Sec. 9 . 13 .240 Entertainer, Simulated Public Exposure
� Prohibited. .
No person while acting as an entertainer, whether for
compensation or not, wear, use or employ any device, cos-
tume or covering which gives � the appearance of or covering
which gives the appearance of or simulates the genitals ,
' pubic hair, the natal cleft or perineum, or any portion
of the female breast, at or below the areola thereof, in
an establishment which serves food, beverages , or food
and beverages including but not limited to alcoholic
beverages for consumption on the premises o£ such esta-
blishment.
Sec. 9 . 13. 250 Entertainer, Procuring Simulated
Exposure Unlawful.
No person shall permit, procure, counsel or assist
another person, acting as an entertainer, whether for
compensation or not, to wear, use or employ any device,
costume or covering which gives the appearance of or
simulates the genitals, pubic hair, or the natal cleft or
perineum in an establishment which serves food, beverages ,
or food and beverages including but not limited to alco-
holic beverages for consumption on the premises of such
establishment.
Sec. 9 .13 . 260 Public Exposure Prohibited.
No person shall participate in any live act, demonstra-
tion or exhibition in an establishment which is in any
public place, place open to the public, or place open to
public view and expose his or her genitals , pubic hair,
or the natal cleft or perineum, or any portion of the
female breast at or below the areola thereof, provided,
however, the provisions of this ordinance shall not apply
to a theatrical performance in a theater, concert hall or
similar establishment which is primarily devoted to
theatrical performances .
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Sec. 9 . 13 . 270 Simulated Public Exposure Prohibited.
i
No person shall participate in any live act, demon-
stration or exhibition in an establishment which is in
any public place, place open to the public, or place
open to public view, and wear, use or employ any device,
costume or covering which gives the appearance of or
simulates the genitals, pubic hair, or the natal cleft
or perineum, or any portion of the £emale breast at or
below the areola thereof. •
Sec. 9 . 13 .280 Procuring Simulated Public Exposure
Unlawful.'
No person shall "permit, •procure, counsel or assist
another person' in any live act, demonstration or exhibi-
tion in an' establishment which is in any public place,
place open to the public, or place open to public view,
' to wear, use or employ any device, costume or covering
- which gives. the appearance of or simulates the genitals,
pubic -hair or the natal cleft or perineum or any portion
of the female breast at or below the areola thereof.
Sec. 9 .13 .290 Procuring Public Exposure Unlawful.
No person shall permit, procure, counsel or assist
another person in any live act, demonstration or exhibi-
tion in an establishment which is in any public place,
- place open to the public or place open to public view
to expose his or her genitals, pubic hair or the natal
cleft, or perineum or any portion of the female breast
at or below the areola thereof.
SECTION II : This ordinance shall take effect and be in
full force on the thirty-first day from and a£ter its adoption.
Presented and Approved as to Form by
�Q.�--�i �����
//
George D. Lindberg, City Att rney
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 26th doy of September
197 $ , by The following vote, to�vit:
AYES� Councilmen scoct, cox, Egdahl, Hyde, ciiiow
NAYES� Councilmen Nnne
ABSTAIN: Camcilmen None
ABSENT: Councilmen None
(��,�. �l�2.�
Maya of the City of Chula Vista .
ATTEST,
� City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY ihat ihe above and foregoing is a full, true and correct copy of
,and that ihe same hos not been amendedor repealed.
DATED
(seal) City Clerk
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I CC-660