CC Ordinance 2038
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Ordinance No. 2038
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AMENDING CHAPTER 5.24 OF THE CAMPBELL MUNICIPAL
CODE REGARDING THE REGULATION OF LIVE ENTERTAINMENT
Section One: Chapter 5.24 of the Campbell Municipal is hereby amended to read as follows:
5.24.010 Regulating and licensing in public places.
(a) Live entertainment in bars, taverns, cocktail lounges, restaurants, recreational parks,
theaters, cafes, cabarets, banquet facilities, rental halls or other public places not
employing nude or seminude persons therefor may be permitted by the city council
upon written application pursuant to the provisions of section 5.24.030. The license
fee therefor shall be one hundred dollars per year. The permit shall be non-
transferable.
(b) For the purpose of this section, live entertainment is defined as entertainment
provided by bands, instrumentalists, disk jockeys, dancers, raconteurs, pantomimists,
prestidigitators, magicians, vaudevillians, acrobats, actors and theatrical performers,
pageants, or contests involving audience participation, including acts in which
animals, exotic or otherwise, are used. The use of animals, exotic or otherwise, shall
be subject to the provisions of Title 7 of this Code.
(c) The following uses are specifically exempted from this section:
(I) Shows and entertainments, theatrical, musical and vocal presentations, and other
live performances conducted by schools, colleges, churches, lodges and private
clubs themselves on their own premises, and those conducted and sponsored by
civic groups in supervised municipal parks;
(2) Live entertainment conducted in a standard restaurant (as defined in Section
21.02.335 in a C3-S (central business) zoning district, provided that such
entertainment satisfies the requirements stated in Section 21.26.020.
5.24.020 Dancing and live entertainment between the hours of two a.m. and six a.m.
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No dancing or live entertainment shall be permitted between the hours of two a.m. and
six a.m. in bars, taverns, cocktail lounges, restaurants, recreational parks, theaters, cafes,
cabarets, banquet facilities, rental halls or other public places.
5.24.030 Application for Permit
(a) Contents. All applications shall include the following information:
(1) If the applicant is an individual, the individual shall state his or her
legal name, including any aliases, address, and submit satisfactory
written proof that he or she is at least eighteen (18) years of age;
(2) If the applicant is a partnership, the partners shall state the
partnership's complete name, address, the names of all partners,
whether the partnership is general or limited, and attach a copy of the
partnership agreement, if any;
(3) If the applicant is a corporation, the corporation shall provide its
complete name, the date of its incorporation, evidence that the
corporation is in good standing under the laws of California, the
names and capacity of all officers and directors, the name of the
registered corporate agent and the address of the registered office for
service of process;
(4) If the applicant is an individual, he or she shall sign the application. If
the applicant is other than an individual, an officer of the business
entity or an individual with a ten (10) percent or greater interest in the
business entity shall sign the application;
(5) If the applicant intends to operate under a name other than that of the
applicant, the applicant shall file the fictitious name and show proof of
registration of the fictitious name;
(6) A description of the type of live entertainment for which the Permit is
requested and the proposed address where the live entertainment will
be offered, plus the names and addresses of the owners and lessors of
the site of the live entertainment;
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(7) The address to which notice of action on the application is to be mailed.
(b) Submission of the Application. The application shall be submitted to the Chief of
Police or his designee for review. If the Police Chief or his designee determines that the
applicant has completed the application improperly, or otherwise deems the application to be
incomplete, the Police Chief shall, within ten (10) days of receipt of the original application,
notify the applicant of such fact and, on request of the applicant, grant the applicant ten (10)
days or less to submit a complete application. In addition, the applicant may request an
extension, not to exceed ten (10) days, of the time for the Police Chief or his designee to
determine the completeness of the application. The time period for granting or denying a
Permit shall be stayed during the period in which the applicant is granted an extension of
time.
(c) Investigation bv Chief of Police. Upon receipt of a completed application and
payment of all application and Permit fees, the Police Chief or his designee shall immediately
stamp the application as received and promptly investigate the information contained in the
application. Within thirty (30) days from the receipt of a completed application, the Chief of
Police or his designee shall schedule a hearing for the next regularly scheduled meeting of the
City Council, and forward a report to the Council summarizing the results of the
investigation.
(d) Action bv the City Council. At the hearing on the application, the City Council
shall grant the application unless it makes one or more of the following findings:
(1) An applicant is under eighteen (18) years of age;
(2) The required application fee has not been paid;
(3) The applicant, his or her employee, agent, partner, director, officer,
shareholder or manager has knowingly made any false, misleading or
fraudulent statement of material fact in the application;
(4) The proposed use would constitute a violation of a provision of this Code,
or other applicable law;
(5) An applicant has been convicted of a felony or crime of moral turpitude;
(7) The proposed operation would result in a public nuisance as defined in this
Code, or section 370 of the California Penal Code;
(e) Conditions of Approval. If the City Council grants the application, it may place such
conditions on the exercise of the Permit as the Council determines to be reasonably
necessary to ensure that the operation will conform to the requirements of this Code
and all other applicable laws.
(f) Continuance of Hearing. The applicant may stipulate to allow the City Council to
continue the hearing to another meeting.
(g) Written Findings. The City Council shall adopt written findings in support of its
decision.
5.24.040 Revocation. Any Permit granted pursuant to this Chapter may be revoked upon
finding of a violation of the provisions of this Chapter or any condition placed on the
granting of the Permit, in accordance with the provisions of sections 5.01.140 through
5.01.155 of this Code.
5.24.050 Prohibition.
(a) No one may conduct any form of live entertainment that requires a Permit under this
Chapter unless they have obtained all required Permits.
(b) It shall be unlawful to operate any establishment that requires a Permit under this
chapter in a manner that is inconsistent with the conditions placed on the granting of the
Permit.
Section Two: The express inclusion of "banquet facilities, "rental halls," disk jockeys,"
"pageants," and "contests involving audience participation," as well as the addition of the
sentence "The permit shall be non-transferable" in section 5.24.010 of the Campbell
Municipal Code is declaratory of existing law, and not intended as a change or
modification of the law as it existed prior to the adoption of this ordinance.
Passed and adopted this
vote:
16th
day of September, 2003, by the following roll call
AYES:
NOES:
ABSENT:
ABST AINING:
Counci1members:
Watson, Kennedy, Dean, Burr, Furtado
None
None
None
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D\niel E. Furtado, Mayor
Counci1members:
Counci1members:
Counci1members:
Al~
Anne C. Bybee, City Clerk