Chapter 7.36 ENTERTAINMENT LICENSES

Part 1 DEFINITIONS

7.36.010 Entertainment and professional entertainer.

7.36.020 Informal entertainment.

Part 2 LICENSING PROCEDURES

7.36.030 Applicability of certain Chapter 7.30 provisions on hearing.

7.36.040 License requirements generally.

7.36.050 Chapter provisions applicable.

7.36.060 Application--Form and contents.

7.36.070 Application--Verification.

7.36.080 Application--Fee and filing.

7.36.090 Referral notices and reports.

7.36.100 Exemptions--Theaters and concert halls.

7.36.110 Fees--Class I license.

7.36.120 Fees--Class III license.

7.36.130 Fees--Exemptions.

7.36.140 Application--Public hearing--Notice requirements.

7.36.150 Application--Public hearing--Held when.

7.36.160 License--Basis for granting or denial.

7.36.170 Noise abatement restrictions.

7.36.180 Revocation, suspension or modification of licenses.

Part 3 OPERATION REQUIREMENTS

7.36.190 License to be posted.

7.36.200 Hours of operation--Generally.

7.36.210 Hours of operation--Private club.

7.36.220 Sign restrictions.

7.36.230 Exits.

7.36.240 Visibility from the street.

7.36.250 Lighting.

7.36.260 Parking lot.

7.36.270 Manager on premises--License requirements.

7.36.280 Number of employees.

7.36.290 Attire.

7.36.300 Woman to be employed.

7.36.310 Motion pictures--Commission endorsement required.

7.36.320 Conduct of entertainment--Rules and regulations.

7.36.330 Entertainment to be on a platform.

7.36.340 Entertainer activity restrictions.

7.36.350 Persons intoxicated or under the influence of drugs prohibited.

7.36.360 Solicitation of trade prohibited.

7.36.370 Solicitation of drinks prohibited.

7.36.380 Indecent performances prohibited.

7.36.390 Gambling prohibited.

7.36.400 Sheriff and tax collector--Inspection authority.

7.36.410 Sheriff and tax collector--Admission for inspection.

7.36.420 Sign required during suspension or revocation of state license.

Part 1 DEFINITIONS

7.36.010 Entertainment and professional entertainer.

A. “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 in or upon any premises to which the public is admitted, or in any proprietary club.
The term “professional entertainer” as used herein means a person or persons who engage for livelihood or gain in the presentation of entertainment.
B. “Entertainment” also includes the exhibition of motion pictures as an incident to a public eating place or to premises which possess or which are required to possess a retailer’s on-sale license as defined in Section 23034 of the Business and Professions Code.
C. “Entertainment” also includes a fashion or style show except when conducted by a bona fide nonprofit club or organization, and when conducted solely as a fundraising activity for charitable purposes.
D. “Entertainment” as used herein does not include:
1. Mechanical music alone; or
2. Instrumental music alone; except between the hours of 2:00 a.m., and 6:00 a.m., when the provisions of Section 7.36.200 shall apply; or
3. Dancing participated in only by customers; however, this subsection does not exempt exhibition dancing by a person receiving compensation for such exhibition dancing.
E. Any adult business required to be licensed pursuant to Chapter 7.92 is excluded from the requirements of this chapter. (Ord. 2003-0067 § 24, 2003; Ord. 9897 § 23 (part), 1969: Ord. 9761 § 4, 1969: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 1 § 2802, 1951.)

7.36.020 Informal entertainment.

“Informal entertainment,” as used in this chapter, is defined to mean any act, play, review, pantomine, scene, song, dance act, song and dance act, or poetry recitation, conducted or participated in by any nonprofessional person or persons in or upon any premises to which the public is admitted, or in any proprietary club. (Ord. 9897 § 23 (part), 1969: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 1 § 2804, 1951.)

Part 2 LICENSING PROCEDURES

7.36.030 Applicability of certain Chapter 7.30 provisions on hearing.

The provisions of Sections 7.30.260 and 7.30.290 of Chapter 7.30 are made applicable to all licenses and applications under this chapter. (Ord. 9278 § 17 (part), 1967: Ord. 5860 Ch. 17 Art. 4 § 2842, 1951.)

7.36.040 License requirements generally.

A. No person shall conduct, permit or assist in conducting or permitting any entertainment as defined in Section 7.36.010 to be shown, staged, exhibited or produced in any premises to which the public is admitted, or in any proprietary club, unless and until a written Class I entertainment license has been obtained from the tax collector.
B. No person shall conduct, permit or assist in conducting or permitting any entertainment as defined in Section 7.36.020 to be shown, staged, exhibited or produced in or upon any premises to which the public is admitted, or in any proprietary club, unless and until a written Class I, or Class III entertainment license has been obtained from the tax collector. (Ord. 10279 § 7 (part), 1971: Ord. 10217 § 11 (part), 1971: Ord. 9897 § 23 (part), 1969: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 2 § 2810, 1951.)

7.36.050 Chapter provisions applicable.

The application procedure provided for in this chapter shall be followed with regard to licenses sought pursuant to this chapter, and the provisions of Chapter 7.06 shall not apply. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 2 § 2815, 1951.)

7.36.060 Application--Form and contents.

Except as otherwise provided herein, an application for a license pursuant to the provisions of this chapter shall specify:
A. The address of the location for which the license is required, together with the business name of such location;
B. The name and proposed business address of the applicant. 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 date and place of incorporation; the names and residence addresses of each of the officers, directors, and each stockholder owning more than 10 percent of the stock of the corporation. If the applicant is a partnership, 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 provisions 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 10 percent of the stock of such corporation has ever been convicted of any crime except misdemeanor traffic violations. If any person mentioned in this subsection has been convicted, a statement must be made giving the name of the person so convicted, the place and court in which the conviction was had, the specific charge under which 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;
E. The name and address of each of the owners of the premises upon which the licensed activity is to be conducted, if the applicant is leasing such premises from the owner;
F. Such information pertinent to the operation of the proposed activity, including but not limited to information as to management, authority, control, financial agreements, and lease arrangements, as the tax collector may require of an applicant in addition to the other requirements of this section;
G. Whether the application is for a Class I entertainment license, a Class II entertainment license, or a Class III Entertainment license, as those licenses are defined in Section 7.36.040;
H. 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;
I. Whether the application is for a new license or for the renewal of an existing license. (Ord. 88-0126 § 9, 1988: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 2 § 2817, 1951.)

7.36.070 Application--Verification.

Every application for a license under this chapter shall be verified as provided in the California Code of Civil Procedure for the verification of pleadings. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 2 § 2818, 1951.)

7.36.080 Application--Fee and filing.

Every person desiring a license pursuant to this chapter shall file an application with and pay the fee required to the tax collector upon a form provided by said tax collector. (Ord. 88-0126 § 10, 1988: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 2 § 2816, 1951.)

7.36.090 Referral notices and reports.

Referral notices and reports shall be provided as required by Sections 7.30.230 and 7.30.240 of this title. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 2 § 2819, 1951.)

7.36.100 Exemptions--Theaters and concert halls.

If no activity is conducted for which this chapter requires a license except a theater, concert hall or similar establishment which is primarily devoted to theatrical performances, as those words are used in Sections 318.5 and 318.6 of the Penal Code, and a theater license issued pursuant to Part 2 of Chapter 7.82 is in full force and effect, a license issued pursuant to this chapter is not required. (Ord. 10797 § 2, 1969: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 2 § 2821, 1951.)

7.36.110 Fees--Class I license.

The annual fee for a Class I entertainment license shall be in the amount set forth in Section 7.14.010 of this title, under the appropriate heading. (Ord. 11209 § 1 (part), 1975: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 2 § 2811, 1951.)

7.36.120 Fees--Class III license.

The annual fee for a Class III entertainment license shall be in the amount set forth in Section 7.14.010 of this title, under the appropriate heading. (Ord. 11209 § 1 (part), 1975: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 2 § 2813, 1951.)

7.36.130 Fees--Exemptions.

The fee required for a license for an entertainment at which no alcoholic beverage is sold or consumed, where such entertainment is conducted by a bona fide charitable religious, benevolent, patriotic or educational organization, or by the United Service Organization, is in the amount set forth in Section 7.14.010 of this title, under the appropriate heading. (Ord. 11209 § 1 (part), 1975: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 2 § 2814, 1951.)

7.36.140 Application--Public hearing--Notice requirements.

When application is filed for a new license under this chapter, the commission shall fix a time and place for a public hearing thereon. Not less than 10 days before the date of such hearing, the commission shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed entertainment is to be conducted. Such notice shall set forth the specific type of entertainment which the applicant intends to conduct, as well as the type of entertainment license for which the applicant is applying. Such posting of notice will be caused to be carried out by the tax collector upon the written request of the business license commission. (Ord. 88-1026 § 11, 1988: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 2 § 2820, 1951.)

7.36.150 Application--Public hearing--Held when.

Except as otherwise provided in this chapter, and except licenses for male manager and for individuals personally participating in entertainment as defined in former Section 2803 of Ordinance 5860, which licenses are required by Section 7.36.270 and former Section 3008 of Ordinance 5860, respectively, the commission shall hold a public hearing on all original applications for licenses required under this chapter. In addition, the commission shall hold a public hearing in all cases where an accusation has been filed. All hearings shall be held in accordance with the provisions of Division 1 of this title. (Ord. 9807 § 13 (part), 1969: Ord. 9431 § 2 (part), 1967: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 4 § 2840, 1951.)

7.36.160 License--Basis for granting or denial.

A license required by this chapter shall be granted or denied pursuant to Section 7.08.070 of this title. (Ord. 10217 § 11 (part), 1971: Ord. 9947 § 5 (part), 1970: Ord. 9878 § 2 (part), 1969: Ord. 9807 § 13 (part), 1969: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 4 § 2841, 1951.)

7.36.170 Noise abatement restrictions.

The noise abatement procedures as set forth in Section 7.30.310 of this title are hereby made applicable to all establishments licensed under this chapter. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 5 § 2851, 1951.)

7.36.180 Revocation, suspension or modification of licenses.

A license required by this chapter shall be revoked, suspended, or modified as provided in Section 7.08.140 of this title. (Ord. 10217 § 11 (part), 1971: Ord. 9947 § 5 (part), 1970: Ord. 9878 § 2 (part), 1969: Ord. 9807 § 13 (part), 1969: Ord. 9431 § 2 (part), 1967: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 5 § 2850, 1951.)

Part 3 OPERATION REQUIREMENTS

7.36.190 License to be posted.

Licenses shall be posted in a conspicuous place on the premises for which such license is issued and shall remain posted at all times. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2860, 1951.)

7.36.200 Hours of operation--Generally.

No entertainment of any sort other than mechanical music may be conducted in an establishment for which this chapter requires a license between the hours of 2:00 a.m. and 6:00 a.m. (Ord. 10675 § 1 (part), 1973: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2861, 1951.)

7.36.210 Hours of operation--Private club.

No establishment licensed pursuant to this chapter may allow the premises to be used for the purpose of conducting a private club between the hours of 2:00 a.m. and 6:00 a.m. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2872, 1951.)

7.36.220 Sign restrictions.

A person shall not erect or permit the erection or maintenance upon or adjacent to, the outside of any building or in connection with any premises therein licensed pursuant to this chapter any sign or signs which in whole or in part depict the pubic areas or any portion of the crease of the buttocks of any human being. (Ord. 10545 § 4 (part), 1972: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 7 § 3003, 1951.)

7.36.230 Exits.

No entertainment shall be permitted in any establishment where a license is required which does not provide unlocked doors with free and easy egress while patrons are in the establishments. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2875, 1951.)

7.36.240 Visibility from the street.

There shall be no entertainment of any kind where an entertainment license is required which is visible at any time from the street, sidewalk or highway. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2876, 1951.)

7.36.250 Lighting.

Every establishment licensed pursuant to this chapter shall be lighted throughout to an intensity of not less than three footcandles during all hours of operation except while the floor show is in progress. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2881, 1951.)

7.36.260 Parking lot.

Every person operating an establishment licensed pursuant to this chapter who owns, operates or controls any parking lot adjacent to such establishment and used in connection therewith, shall adequately and uniformly light such parking lot to an intensity of not less than two footcandles. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2882, 1951.)

7.36.270 Manager on premises--License requirements.

A. All establishments licensed or required to be licensed under this chapter shall have a responsible person on the premises to act as manager at all times during which the establishment is open. Such manager, if not the licensee, shall first procure a license as such manager and pay an annual license fee in the amount set forth in Section 7.14.010 of this title under the appropriate heading.
B. A person other than the licensee shall not be employed as, or act as, such a manager until such person has the license required by this section.
C. Where the commission finds that the entertainment will be limited to instrumental music and singing only, it may waive the requirement of this section in whole or part. Such waiver shall be noted on the license. (Ord. 11209 § 1 (part), 1975: Ord. 10600 § 1 (part), 1972: Ord. 10217 § 11 (part), 1971: Ord. 9947 § 5 (part), 1970: Ord. 9807 § 13 (part), 1969: Ord. 9749 § 17 (part), 1969: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 7 § 3007, 1951.)

7.36.280 Number of employees.

At every establishment licensed pursuant to this chapter having a capacity of not less than 200 persons, not less than one additional employee for each additional 100 persons who could be accommodated, whether actually present or not, shall be constantly in attendance during the entire time that any entertainment is in progress, and shall devote their entire time and attention to the keeping of order, the checking of the admission of minors, and seeing to it that all provisions of this chapter are complied with. The commission may require such additional employees or guards on an individual basis as the commission deems in the public interest. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2883, 1951.)

7.36.290 Attire.

No person shall enter, be or remain in any establishment licensed pursuant to this chapter or required to be licensed pursuant to this chapter, except when attired in such a manner that the pubic area, private parts and the crease of the buttocks are completely covered and are not visible to the human eye. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 7 § 3006, 1951.)

7.36.300 Woman to be employed.

At every establishment licensed pursuant to this chapter having a capacity of not less than 300 persons, not less than one of the employees referred to in Section 7.36.280 shall be a woman. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2884, 1951.)

7.36.310 Motion pictures--Commission endorsement required.

No person or persons required to be licensed under this chapter shall show, project or permit to be shown or projected in any establishment licensed pursuant to this chapter, or required to be so licensed, any motion picture or slide, unless and until the license of such establishment is specifically endorsed by the commission to permit such showing. This section shall not apply to motion picture theaters licensed pursuant to Part 3 of Chapter 7.82 of this title. (Ord. 10675 § 1 (part), 1973: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 3011, 1951.)

7.36.320 Conduct of entertainment--Rules and regulations.

The business license commission may adopt rules and regulations relating to the conduct of entertainment for which an entertainment license of any type is required. Such rules and regulations shall be such as may be proper or necessary for the maintenance of public order, the orderly conduct of establishments wherein entertainment is conducted, the better enforcement of the provisions of this ordinance relating to such establishments, or to assure that the conduct of such entertainment will comport with the public welfare. (Ord. 9366 § 2 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2888, 1951.)

7.36.330 Entertainment to be on a platform.

All entertainment for which a license is required by this chapter shall be conducted upon a stage or platform raised at least 18 inches above the floor unless otherwise authorized by the business license commission. (Ord. 9366 § 2 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2886, 1951.)

7.36.340 Entertainer activity restrictions.

No professional entertainer or employee may dance, unnecessarily converse or associate with any customer during any entertainment period, and not at all except in the 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 of said advertisement shall be received by the sheriff, or any other local law enforcement agency which is responsible for law enforcement in the area in which the business is located, 48 hours prior to the conducting of said audience-participation entertainment. This section shall not apply to establishments having a Class III entertainment license. (Ord. 88-0126 § 12, 1988: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2885, 1951.)

7.36.350 Persons intoxicated or under the influence of drugs prohibited.

It shall be unlawful for any person who is intoxicated or under the influence of any drug to appear in or be in any establishment licensed pursuant to this chapter. A person who conducts or assists in conducting any such establishment shall not permit any intoxicated person or person who is under the influence of any drug to appear, be, or remain at such place. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2874, 1951.)

7.36.360 Solicitation of trade prohibited.

No entertainment may be conducted in any establishment where a license is required at which solicitation of trade is made at or near the entrance, either by personal solicitation or otherwise, by means of any device whereby the voice of the person soliciting can be heard at or near such entrance. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2879, 1951.)

7.36.370 Solicitation of drinks prohibited.

No entertainment may be conducted in establishments where a license is required where employees solicit or accept drinks of alcoholic beverages from customers. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2877, 1951.)

7.36.380 Indecent performances prohibited.

No entertainment may be conducted where an entertainment license is required in which any person participating directly or indirectly sings or speaks any obscene or indecent words, or performs any lewd or indecent acts. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2880, 1951.)

7.36.390 Gambling prohibited.

No entertainment may be conducted in any establishment where a license is required in which gambling in any form is permitted or tolerated, or in which there is kept any machine or machines or other device designed or commonly used for the purpose of gambling in any form. (Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2878, 1951.)

7.36.400 Sheriff and tax collector--Inspection authority.

The tax collector and the deputy sheriffs of the county of Los Angeles, in addition to their several other duties, may inspect any and all establishments licensed pursuant to this chapter. (Ord. 88-0126 § 13, 1988: Ord. 9366 § 1 (part), 1967: Ord. 9278 § 5 (part), 1967: Ord. 5860 Ch. 17 Art. 6 § 2889, 1951.)

7.36.410 Sheriff and tax collector--Admission for inspection.

The sheriff and/or his deputies, and the tax collector, shall be permitted by every licensee to enter free of charge any establishment licensed pursuant to this chapter for the purpose of inspection. (Ord. 88-0126 § 14, 1988: Ord. 9366 § 1 (part), 1967: Ord. 9278 § 5 (part) 1967: Ord. 5860 Ch. 17 Art. 6 § 2890, 1951.)

7.36.420 Sign required during suspension or revocation of state license.

A. Any establishment licensed pursuant to this chapter that has been licensed to sell alcoholic beverages by the California Department of Alcoholic Beverage Control, which license has been revoked or suspended during the period of such revocation or suspension, shall post the following sign in a prominent position at its entrance, stating the following:
ALCOHOLIC BEVERAGES ARE NOT SOLD BY THIS ESTABLISHMENT.

B. Each letter in the sign required by this section shall be a minimum of two inches in height. (Ord. 82-0265 § 1, 1982.)