HomeMy WebLinkAboutOrd 17672
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ORDINANCE No. 1767
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING CHAPTER 6.16 TO UPDATE THE ENTERTAINMENT BUSINESS
PERMIT PROVISIONS OF THE MUNICIPAL CODE
The CITY COL NCIL of the CITY OF BL RLINGAME does hereby ordain as follows:
Section 1. The City has regulated entertainment businesses in the City for over 25 years
in order to ensure a safe environment for its citizens and visitors. This process has focused on
security, lighting, and operating hours. This ordinance updates those provisions in a way consistent
with both the City's practice and nearby communities.
Section 2. Chapter 6.16 is amended to read as follows:
Chapter 6.16
Entertainment Businesses
6.16.010
Purpose.
6.
16.020
Definitions.
6.16.030
Permit required.
6.16.040
Exceptions,
6.16.050
Application requirements.
6.16.060
Investigation and action on application.
6.16.070
Permit denial.
6.16.080
Permits non -transferable.
6.16.090
Single event entertainment permit applications.
6.16.100
Investigation and action on single event permit applications.
6.16.110
Single event entertainment permit denial.
6.16.115
Reviews,
6.16.120
Suspension or revocation of entertainment permits and single event entertainment
permits.
6.16.130
Emergency suspension of permit.
6.16.140
Appeals and judicial review.
6.16.150
Performance standards for entertainment businesses.
6.16.160
Additional performance standards for entertainment businesses where alcoholic
beverages are served.
6.16.170
Performance standards for amusement arcades.
6.16.180
Display of permit.
6.16.190
Inspections,
6.16.200
Compliance with other laws.
6.16.210
Interpretation of chapter.
6.16.220
Public nuisance.
6.16.230
Severability.
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6.16.010 Purpose.
This chapter is intended to regulate businesses that offer entertainment in order to protect
the health, safety, and general welfare of the city. Over the years, the city has had a variety of
businesses that offered entertainment at different locations in the city, and each location had a
number of issues involving security, patron safety, and interaction with nearby businesses, homes,
and public activity. The provisions of this chapter have neither the purpose nor effect of imposing
limitation or restriction on the content of any entertainment activity.
6.16.020 Definitions.
The following definitions apply to this chapter:
(a) ABC. "ABC" means the state Department of Alcoholic Beverage Control.
(b) Amusement arcade. "Amusement arcade" means any business or establishment which
has five (5) or more amusement devices on its premises for the purpose of being played, operated
or used by the patrons of the arcade on a prepaid basis or for money or tokens deposited in the
amusement machine played, operated, or used. "Amusement arcade" also means any premises
where twenty-five (25) percent or more of the public floor area is devoted to amusement devices,
whether or not amusement devices constitute a primary use or an accessory use of the premises.
(c) Amusement device. "Amusement device" means any device, game, or contrivan
ce,
including, but not limited to pinball machines, video games, computer games, an
d electronic
games, for which a charge or payment is received for the privilege of playing, using, or operating
the same and which, as the result of such use, operation, or playing does not entitle the person
using, operating, or playing such device, game, or contrivance to receive the same return in market
value in the form of tangible merchandise each time such device, game, or contrivance is used,
operated, or played.
(d) Entertainment. "Entert
ainment" means any show, play, skit, musical revue, kaxaoke,
dance production, concert
, opera, or the production or provision of sights or sounds or visual or
auditory sensations, which are designed to or may divert, entert
ain, or otherwise appeal to members
of the public who are admitted to a place of entertainment, and which is produced by any means,
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including radio, phonograph, tape recorder, piano, orchestra or band, or any other musical
instrument, television, slide or movie projector, spotlights, or interruptible or flashing light devices.
(e) Entertainmentbusiness. "Entertainment business" means any amusement arcade or any
place of business wherein entertainment is offered or given to the public, whether or not a fee is
charged for admission thereto, except businesses where only incidental entertainment is offered or
given and theaters.
(f) Incidental entertainment. "Incidental entertainment" means the use ofradio, television,
or music recording devices or juke boxes in any establishment when used for background only.
In addition, this term includes non -amplified live performance by a performer (or performers).
This term does not include the use of the devices mentioned above by a disc jockey, or in
conjunction with karaoke, or in connection with dancing by patrons.
(g) Chief of police. "Chief of police" means the chief of police of the city or the chief s
authorized representative.
(h) Primary entertainment. "Primary entertainment" means entertainment provided at an
entertainment business where the predominan
t reason for patronage is to observe or participate in
the entert
ainment offered at the business, and admission to the establishment is charged either
separately, or as part
of a cover charge, or minimum food or beverage purchase requirement.
(i) Security guard. "Security guard" means a uniformed person licensed under the
California Department of Consumer Affairs licensing and training requirements.
(j) Secondary entertainment. The term "secondary entert
ainment" means entertainment
provided at an entertainment business where the observation or participation in the entert
ainment
offered is not the predominant reason for patronage, and no admission to the establishment is
charged either separately, or in the form of a cover charge, or minimum food or beverage purchase
requirement.
(k) Theater. "Theater" means an establishment that is
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primarily devoted to film or theatrical
performances and means a building, playhouse, room, hall or other place having permanently
affixed seats so arranged that a body of spectators can have an
unobstructed view of the stage upon
whiCh theatrical, movies, or live performances are presented, and where such performan
ces are not
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incidental to promoting the sale of food, drink or other merchandise; and for which a city business
license for a theater is in full force and effect.
6.16.030 Permit required.
(a) It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be
engaged in, conducted or carried on, in or upon any premises in the city, the operation of an
entertainment business unless the person first obtains and continues to maintain in full force and
effect a permit from the city as required by this chapter.
(b) It shall be unlawful for any person who owns, leases, or is in otherwise lawful
possession of property to permit or allow another person to arrange for and provide entertainment
on such property, unless the owner, lessee, or person in lawful possession of the property first
obtains and continues to maintain in full force and effect a single event entertainment permit as
herein required. This provision shall apply to premises that are used on an occasional basis for
entertainment events conducted either:
(1) By persons who are not the property owners and who have not conducted such an event
at the property in the previous six (6) months; or
(2) By the property owners and who have not conducted such an event at the property in
the previous six (6) months.
6.16.040 Exceptions.
Notwithstanding any otherprovision ofthis chapter, the provisions ofthis chapter shall not
apply to entert
ainment that is:
(a) Entert
ainment sponsored by the city, the County of San Mateo, the various public
boards of education, or by an
y other political subdivision of the state; or
(b) Entertainment sponsored by any nonprofi
t public benefit organizafion, whose primary
objective is the sponsoring and control of youth activities an
d child welfare. If the event is a dance,
the following requirements must be met:
(1) No person eighteen (18) years of age or older may be admitted as a guest, unless such 91
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person is a bona fide student at, or member of, the sponsoring agency or organization;
(2) No alcoholic beverages are served, consumed, or permitted on the premises;
(3) Chaperones from the sponsoring agency are present on the premises at the rate of two
adultS5 who are at least twenty-five (2 5) years of age or older, for every one hundred k guests;
and
(4) 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; or
(c) Entertainment lawfully conducted under permit at any city park, building, or
recreational facility; or
(d) Entertainment lawfully conducted entirely upon property owned or controlled by a
governmental entity; or
(e) Incidental entertainment only; or
(f) Entertainment provided for members and their guests at a private club having an
establisheA
membership when admission is not open to the public. For purposes of this section,
private club means corporations or associations operated solely for objects of national, social,
fraternal, patriotic, political, or athletic nature, in which membership is by application and regular
dues are charged, and the advantages of which club belong to members, and the operation of which
is not primarily for monetary gain; or
(g) Entertainment provided for invited guests at a private event such as a wedding
reception, ban
quet, or celebration, where there is no admission charge and the general public is
neither invited nor admitt
ed; or
(h) Street performers, such as musicians, singers, or mimes; or
(i) Entertainment conducted or sponsored by any religious organization, bona fide club,
organization, society, or association that is exempt from taxation pursuant to Intern
al Revenue
Code Section 501(c)(3), when all proceeds, if any, arising from such entertainment are used
exclusively for the benevolent purposes of such religious organization, club, society, or association;
or
(j) Performances by the students at educational institutions as defined by the Educati
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on
y
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Code where such performances are part of an educational or instructional curriculum or program;
(k) Theaters; or
(L) Dance lessons, theatrical and performing arts lessons, and student recitals; or
(m) Book readings, book signings, poetry recitations, and any other similar entertainment
consisting of the spoken word, including plays; or
(n) The normal and customary fitness services provided by an athletic club or fitness
center; or
(o) Entertainment provided as at a conference or convention as part of the convention's or
conference's overall program and to which the general public is neither invited nor admitted; or
(p) An adult oriented business that is offering entertainment solely in conformance with
a current city adult oriented business permit.
(q) A remote broadcast by a television or radio station that consists of the spoken word; if
music is a part of the broadcast, the music shall either be non -amplified at the remote location or
shall last no longer than a total of five minutes during any fifteen minute period.
6.16.050 Application requirements.
(a) Any person who proposes to maintain, operate or conduct an entertainment business in
the city shall file an application with the chief of police upon a form provided by the city an
d shall
pay a filing fee, as established by resolution adopted by the city council fr
om time to time, which
shall not be refundable.
(b) All appli
cations 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 appli
cant is a partnership, thepartners shall state the partnership's complete name,
address, and the names of all partners, whether the part
nership is general or limited.
(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
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California, the names and capacity of all officers and directors, the name ofthe registered corporate
agent and the address of the officer for service of process.
(c) If Lite applicant is an individual, he or she shall sign the application. If the applicant is
other than an individual, an authorized officer of the business entity or an individual with a ten (10)
pMC nt or greater interest in the business entity shall sign the application.
(d) If the applicant intends to operate the entertainment business under a name other than
that of the applicant, the applicant shall provide the fictitious name of the entertainment business.
(e) The application shall contain a description of the type of entertainment business for
which the permit is requested and the proposed address where the entertainment business will
operate, plus the names and addresses of the owners and lessors of the entertainment business site.
(f) The application shall include the address to which notice of action on the application is
to be mailed; this address will also be used for contact and notices during the life of the permit
unless the permittee provides written notice to the police department that the address has been
changeA
(g) The application shall include a sketch or diagram showing the interior configuration of
the premises, including a statement of the total floor area occupied by the entertainment business.
The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale
or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus
one foot.
(h) The application shall include a description of the lighti
ng to be provided inside the
entertainment business; a sketch or site plan depicting the lighting an
d security measures to be
provided at all entrances and exits to the business; and a sketch of the site plan of any private
parking areas that will serve the entertainment business and the lighting and security measures to
be provided at those areas.
(i) A brief description of the entert
ainment to be offered and the hours during which the
entertainment maybe offered.
(j) The appli
cation shall describe thetype of security and crowd managementto be provided
for the entertainment business. This description shall speccally describe procedures for admitting
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and re -admitting patrons, checking identification, enforcing dress codes, and removal of unruly
patrons from the premises.
6.16.060 Investigation and action on application.
(a) Upon receipt of a completed application and payment of the application and permit fees,
the chief of police shall promptly investigate the information contained in the application to
determine whether the applicant shall be issued an entertainment permit.
(b) The applicant is responsible fox making an appointment with the chief of police to
discuss the security program for the entertainment business, and no application shall be approved
until such a meeting has been held.
(b) Within fifteen (15) business days of receipt of the completed application, the chief of
police shall complete the investigation, grant or deny the application in accordance with the
provisions of this section, and so notify the applicant as follows:
(1) The chief of police shall write or stamp "Granted" or "Denied" on the application and
date and sign such notation.
(2) Ifthe application is denied, the chief of police shall attach to the application a statement
of the reasons for denial.
(3) If the application is granted, the chief of police shall attach to the application an
entertainmentpermit together
with the standard conditions of operation and any special conditions
developed in consultation with the applicant to address specific site concern
s.
(4) The decision of the chief of police shall be placed in the United States mail, first class
postage prepaid, addressed to the applicant at the address stated in the application.
(c) The chief of police shall grant the application and issue the entert
below.
ainment permit upon
findings that the applicant has met all of the development an
d performance standards and
requirements of this
chapter and the application is not subject to denial pursuant to section 6.16.070
(d) If the chief of police neither grants nor denies the application within fifteen (15)
business days after itis stamped as
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received, the applicant may begin operating the entertainment
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business for which the permit was sought, subject to strict compliance with the development and
performance standards and requirements of this chapter. If the applicant begins operating the
entertainment business because the chief of police has not granted or denied the application within
fifteen (15) business days, the chief of police may issue the permit after the fifteen (15) day period
has elapsed, and the permit shall be subject to suspension or revocation under the provisions of
section 6.16.120.
6.16.070 Permit denial.
The chief of police shall deny the application for any of the following reasons:
(a) The building, structure, equipment, or location to used by the entertainment business
does not comply with the requirements and standards of the health, zoning, fire and safety laws of
the city, County of San Mateo, and the state, or with the development and performance standards
and requirements of this chapter. However, approval of the permit by the chief of police shall not
be deemed to be a waiver by the city, the county, or the state of any such laws or a determination
that the building, structure, equipment, or location complies with such laws.
(b) The applicant, or an employee, agent, partner, director, officer, shareholder, or manager
of the applicant has knowingly made any false, misleading or fr
audulent statement of material fact
in the application for an entert
ainment permit or the application process.
(c) An applicant is under eighteen (18) years of age.
(d) The required application fee has not been paid.
(e) Within the last fi
ve (5) years immediately preceding the date of the filling of the
application, the applicant, or an employee, agent, partner, director, officer, shareholder, or
manager
of the applicant has either had an entertainment permit issued by the city or any other jurisdiction
revoked, or has engaged in conduct that would provide grounds for revocation of such a permit
under section 6.16.120 of this chapter.
(f) The applicant has failed to provide a complete application. If an
application is denied
on this basis, the chief of police shall state the information that is needed to make the application
complete.
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(g) The applicant has failed to make an appointment to meet with the chief of police within
five (5) business days of filing the application.
6.16.080 Permits non -transferable.
(a) A permittee shall not operate an entertainment business under the authority of an
entertainment permit at any place other than the address of the entertainment business stated in the
application for the permit.
(b) A permittee shall not transfer ownership or control of an entertainment business or
transfer an entertainment permit to another person.
(c) Any attempt to transfer a permit either directly or indirectly in violation of this section
is hereby declared void, and the permit shall be deemed revoked.
6.16.090 Single event entertainment permit applications.
(a) Every person who owns, leases, or is otherwise in lawful possession ofproperry and who
proposes to permit or allow another person to arrange for and provide entertainment on such
property in the city shall file an application for an entertainment permit under the provisions of
6.16.050 (unless such person has already obtained an entertainment permit) and in addition, shall
file an application with the chief of police for a single event entertainment permit. The applicant
for a single event entertainment permit shall pay a filing fee, as established by resolution adopted
by the city council from time to time, which shall not be refundable.
(b) The single event entertainment permit applicati
on shall 'include the following
I information:
(1) If the person who will arrange and provide entertainment is an individual, the applicant
shall state their legal name, including any aliases, address, and submit satisfactory writt
that he or she is at least eighteen (18) years of age.
(2) If the person who will arrange an
September 27, 2005
en proof
d provide entertainment is a partnership, the applicant
shall state the partnership's complete name, address, the names of all part
ners, whether the
partnership is general or limited, and attach a copy of the part
nership agreement, if any.
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(3) If the person who will arrange and provide entertainment is a corporation, the applicant
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) The application shall contain a description of the type of entertainment for which the
permit is requested, the proposed address where the entertainment will be provided, including the
names and addresses of the owners and lessors of the property, and the date and the hours during
which the entertainment will be conducted.
(5) The application shall include a description of the lighfing to be provided inside the
entertainment venue; a sketch or site plan depicting the lighting and security measures to be
provided at all entrances and exits to the venue; and a sketch of the site plan of any private parking
areas that will serve the entertainment venue and the lighting and security measures to be provided
at those areas.
(6) The application shall describe the type of security and crowd management to be
provided for the entertainment venue. This description shall specificall
y describe procedures fox
admitting and re -admitt
ing patrons, checking identification, enforcing dress codes, and removal of
unruly patrons from the premises.
(7) The application shall include the address to which notice of action on the application
is to be mailed; this address will also be used for contact and notices during the life of the permit
been
changed.
unless the permittee provides written notice to the police department that the address has
(8) The application shall disclose whether the person who will arrange and provide
entertainment has in the past been issued an entert
ainment permit by the city, or by any other
jurisdiction, and if so, shall disclose the issuing agency, the dates during which the permit was
valid. In addition, the applicant shall disclose whether the person who will arrange and provide
entertainment has ever had an entertainment permit, or similar authorization revoked or voluntarily
surrendered because of the violation of permit conditions.
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(c) The applicant is responsible for scheduling a meeting with the chief of police within five
(5) business days of filing the application to discuss security arrangements. No permit shall be
issued unless such a meeting has occurred.
(d) The entertainment authorized by a single event entertainment permit shall be limited to
the type and location of entertainment specified in the permit application. The permittee shall not
permit ox allow entertainment not described in the permit application to be provided.
6.16.100 Investigation and action on single event permit applications.
(a) Upon receipt of a completed application and payment ofthe application andpermit fees,
the chief of police shall promptly investigate the information contained in the application to
determine whether the applicant shall be issued a single event entertainment permit.
(b) Within fifteen (15) business days of receipt of the completed application, the chief of
police shall complete the investigation, grant or deny the application in accordance with the
provisions of this section, and so notify the applicant as follows:
(1) The chief of police shall write or stamp "Granted" or "Denied" on the application and
date and sign such notation.
(2) If the
applicafion is denied, the chief ofpolice shall attach to the application a statement
of the reasons for denial.
(3) If the application is granted, the chief of police shall attach to the application an
entertainmentpermit together with
the standard conditions of operation and any special conditions
developed in consultation with the applicant to address specific site concern
s..
(4) If the application is granted or denied, the decision and the permit, if an
y, shall be placed
in the Unites States mail, fi
rst class postage prepaid, addressed to the applicant at the address stated
in the application.
(c) The chief ofpolice shall grant the application and issue the single event entertainment
permit upon findings that the applicant has obtained an entertainment permit an
d met all of the
development and performan
ce standards and requirements of this chapter, unless the application
is denied for one or more of the reasons set forth in Section 6.16.110 below. The permittee shall
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post the permit conspicuously in the entertainment business premises on the date of the single
event.
(d) If the chief of police grants the application or if the chief of police neither grants nor
denies the application within fifteen (15)
business days
after it is
stamped as
received, the applicant
may conduct the single event for which
the permit was
sought,
subject to
strict compliance with
the development and performance standards and requirements of this chapter.
6.16.110 Single event entertainment permit denial.
The chief of police shall deny the application for any of the following reasons:
(a) The applicant has not obtained an entertainment permit.
(b) The building, structure, equipment, or location proposed for the single event does not
comply with the requirements and standards of the health, zoning, fire and safety laws o£the city,
the County of San Mateo, and the state, or with the development and performance standards and
requirements of this chapter.
(c) The applicant, or the person arranging and providing the entertainment, or an employee,
agent, partner, director, officer, shareholder, or manager of the applicant or the person arranging
and providing the entert
ainment have knowingly made any false, misleading or fraudulent
statement of material fact in the application for a single event entert
ainment permit.
(d) An applicant, or the person arranging and providing the entert
ainment, is under eighteen
(18) years of age.
(e) The required application fee has not been paid.
(f) Within the last fi
ve (5) years immediately preceding the date of the filing of the
application, the applicant, or the person arranging and providing the entertainment, or an
employee,
agent, partner, director, officer, shareholder, or manager of the applicant or the person arranging
and providing the entertainment have either had an entertainment permit issued by the city or any
other jurisdiction revoked, or have engaged in conduct that would provide grounds for revocation
of such a permit under section 6.16.120.
(g) The appli
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cant has failed to provide a complete application. If an application is denied
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on this basis, the chief of police shall state the information that is needed to make the application
complete.
6.16.115 Reviews.
(a) Upon initial issuance of an entertainment business permit, the permit shall be subject
to review by the chief of police after six (6) months from date of issuance.
(b) Each entertainment permit shall be subj ect to annual review in June or July by the chief
of police.
(c) During a review, the chief of police may request a permittee to meet with the chief to
discuss any problems or concerns. A permittee shall attend such a meeting as directed, and failure
to attend shall be grounds for suspension or revocation of the permit.
6.16.120 Suspension or revocation of entertainment permits and single event entertainment
permits.
An entertainment permit or a single event entertainment permit may be suspended or
revoked in accordance with the procedures and stan
dards of this section.
(a) On determining that grounds for permit revocation may exist and that a suspension or
revocation should be considered at that time, the chief of police shall furn
ish written notice of the
proposed suspension or revocation to the permittee. Such notice shall set forth the time and place
of a hearing and the ground or grounds upon which the hearing is based, the pertinent code
sections, and a brief statement of the factual matters in support of the consideration. The notice
shall be mailed, postage prepaid, addressed to the address of the permittee as last provided by the
permittee in connection with the entertainment permit, or shall be delivered to the permittee
personally, at least ten (10) days prior to the hearing date. Hearings shall be conducted in
accordance with following procedures, as may be supplemented by procedures established by the
chief of police:
(1) All parties involved shall have a right to offer testimonial, documentary, and tan
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gible
evidence bearing on the issues; may be represented by counsel; an
d shall have the right to confront
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and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence
upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any
hearing under this section may be continued for a reasonable time for the convenience of a party
or a witness. The chief of police's decision may be appealed in accordance with section 6.16.140.
(b) A permittee maybe subject to suspension or revocation of its permit, or be subject to
other appropriate disciplinary action, for any of the following causes arising from the acts or
omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an
entertainment business:
(1) The permittee has knowingly made any false, misleading or fraudulent statement of
material facts in the application for a permit, or in any report or record required to be filed with the
city.
(2) The permittee, employee, agent, partner, director, stockholder, or manager of an
entertainment business has knowingly allowed or permitted, and has failed to make a reasonable
effort to prevent the occurrence of any of the following on the premises of the entertainment
business, or in the case of a single event entertainment permit, the permittee, employee, agent,
partner, director, stockholder, or manager has knowingly allowed or permitted and has failed to
make a reasonable effort to prevent the occurrence of any of the following at the single
entertainment event any conduct prohibited by this chapter.
(3) Failure to abide by a disciplinary action previously imposed by an
appropriate city
official.
(4) Failure to comply with all applicable state and local law in the operation of the
I entertainment business.
(c) After holding the hearing in accordance with the provisions of this section, if the chief
of police fi
nds and determines that there are grounds for disciplinary action, based upon the
severity of the violations, the chief of police shall impose one of the following:
(1) A warn
ing;
(2) Imposition of conditions to correct the violations that occurred;
(3) Suspension ofthe permit for a speced period not to exceed six (6) months, which may
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include imposition of additional conditions on re -opening to correct the violations that occurred;
or
(4) Revocation of the permit.
6.16.130 Emergency suspension of permit.
The chief of police may suspend an entertainment permit pending a hearing on the
suspension or revocation of the permit if the chief of police finds that there is an impending and
significant threat to the public health or safety arising out of the use of the entertainment permit.
No emergency suspension shall remain in effect for more than fifteen (15) days, unless the
permittee agrees to a longer term.
6.16.140 Appeals and judicial review.
An applicant who wishes to appeal the decision of the chief of police regarding an
application or an action to suspend or revoke a perrnit may do so under the following hearing
proceA
ures:
(a) An appeal of the chief of police's decision on a permit application or from the chief of
police's decision after a permit revocation or suspension hearing, may be made by filing a writt
en
request for appeal with the city clerk within ten (10) days of the date the decision was mailed. If
no appeal is filed within this time period, then the decision of the chief of police shall become final,
and the applicant shall be deemed to have waived all rights to appeal or other review. All requests
for appeal shall include a statement of the basis for the appeal and the errors claimed to have
occurred.
(b) The city manager or the manager's designee shall schedule a hearing on the appeal for
not less than ten (10) days nor more than twenty (20) days from the date of mailing notice to the
applicant of the time and place of the appeal hearing. The notice of hearing shall be sent by fi
rst
class mail to the applicant within fi
ve (5) days of filing a timely notice of appeal.
(c) The city manager or the manager's designee shall
review the written record and allow
testimony to be given. The city manager or designee shall also allow oral argument. After all verbal
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testimony has been reviewed, the city manager or designee shall render a written decision within
ten (10) working days from the date the matter is submitted for decision. The action of the city
manager or designee shall be final and conclusive, subject only to applicable court review.
(d) If the ch of of police's decision is affirmed on appeal, the applicant or permittee may
seek prompt judicial review of such administrative acfion pursuant to the Code of Civil Procedure
section 1094.5 or 1094.8 (if that section is applicable). The city shall make all reasonable efforts
to expedite judicial review, if sought by the permittee.
6.16.150 Performance standards for entertainment businesses.
The following performance standards shall apply to all entertainment businesses except
amusement arcades, and shall be deemed conditions of all entertainment permits. Failure to
comply with each such requirement, unless expressly provided otherwise in the specific
entertainment permit, shall be grounds for suspension or revocation of a permit issued pursuant to
this chapter:
(a) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated,
designed, and provided in accordance with the fire an
d building regulations and standards of the
city. A manager shall be on the premises at all times during which entertainment is being offered.
(b) The premises within which the entert
ainment business is located shall provide sufficient
sound -absorbing insulation so that noise generated inside the premises shall not be audible
anywhere on any adjacent property or public right-of-way or within any other building or other
separate unit within the same building and comply with all applicable city noise regulations. The
establishment shall measure the current 24-hour ambient noise levels (L10) at the exterior of the
property along the public right-of-way using a methodology approved by the city planner before
opening for business. Upon request by the city, the establishment shall conduct noise
measurements to determine whether the noise from the establishment is exceeding the 5 dBA
standard for increases in noise from the baseline as provided in the Burlingame General Plan, and
shall report the measurements to the city, and the establishment shall ensure that the 5 dBA
standard is not exceeded.
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(c) No entertainment shall be permitted between the hours of 1:30 a.m. and 9:00 a.m.
(d) The business premises offering entertainment shall be suitably lighted with minimum
lighting of six -candle power at floor level, except during performances on stages. This light
intensity shall be measured at no more than th Ay k30) inches from the floor.
(e) All patrons shall be out of the bung by 2:00 a.m. Specific times for last call for any
alcohol service may be determined by the chief of police based on the number of entertainment
businesses within 1,000 feet, with the objective of staggering the closing times to reduce potential
traffic problems and conflicts and make police patrol and security more efficient.
(f) Security personnel shall be visible at the primary entrance beginning no later than thirty
(30) minutes before closing of the entertainment business and shall remain until patrons are
dispersed. Security shall not permit crowds or patrons to loiter in the front of or in the immediate
vicinity of the entertainment business after closing. If a cover charge is charged to enter the
establishment, the establishment shall ensure that patrons in line to enter do not obstruct either the
public sidewalk or the public street.
(g) The permittee shall remove all litter from the front of the entertainment site and public
sidewalks adjacent to and within fifty (50) feet of the front of the entert
ainment site immediately
upon every closing.
(h) Private Rooms. No entertainment shall be offered, permitted, or allowed to take place
within a private room the interior of which is not fully visible by a person standing in at least one
place within ten (10) feet of the primary entrance
to the premise in which the entertainment is
offered, unless all of the following conditions are met:
(1) Visibility into the private room is providedthroughthe installation in the wall separating
the room fr
om a corridor accessible to patrons or the main room of the premises of a twelve (12)
square foot window measuring four (4) feet in width by three (3) feet in height, the lower edge of
which shall be installed at a point four (4) feet above the floor.
(2) The window required by subsection (h)(1) above shall remain completely clear and
unobstructed at all times.
(3) The dimensions of the windows required by subsection (h)(1) above are the minimum
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required, but may be larger.
(4) The private room shall be lit to at least the illumination that allows a person on the
outside of the room to observe the activity of those in the room at all times the room is occupied.
(5) Doors provg access to private rooms shall not be equipped with locks of any kind.
(6) No private room shall be configured so that the installation of the windows required by
subsection (h)(1) above will not provide substantially complete visibility into the private room to
a person standing outside the room.
(i) Security.
(1) For occupancy levels below one hundred (100) persons, the permittee shall provide at
least two (2) persons to monitor occupancy and admittance and exterior, interior and parking areas
associated with the use at all times that any entertainment is being offered. At least one person will
be a front door person responsible for monitoring occupancy and admittance and maintaining a
count of persons admitted. At least one other person will monitor exterior areas and will float
throughout the interior area to provide a safe environment. When occupancy exceeds one hundred
(100) persons, the permittee shall provide security guards to adequately control the environment
at a ratio of at least one guard per additional fifty (50) people (or any fraction thereof). The
permittee is responsible for providing a safe environment. These security requirements are
minimum mandatory requirements. The permittee shall provide security based on all the
circumstances surrounding the entertainment provided and patrons expected.
(2) Permittee shall designate a front door security presence when open for entert
ainment.
or security shall check identification to verify age requirements. Permitt
Front
ee shall educate
these persons in admission policy and maximum occupancy limit. Further, permittee shall provide
these persons with a means to monitor occupancy, screen for weapons, bottles, drugs, and
intoxication, and direct security to prohibit further entry when maximum occupancy is reached.
When maximum occupancy exists, permittee shall advise the remaining people in line that the
establishment has reached its maximum number of occupants and that there will not be any further
admittance.
(3) Permittee is responsible for maintaining an
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waiting to gain access to the building. Permittee shall post at least one dedicated security guard,
in addition one security guard or management employee checking identifications at the door, who
will be responsible for providing an organized method of maintaining a line that will not block
public sidewalks, driveways, or surrounding business doorways. Permittee shall have the
designated outside line security maintain an orderly single file line. Stanchions, ending just prior
to the neighboring business, maybe used to control the line with the approval of the chief of police.
Once the line reaches maximum occupancy, the designated security shall advise all remaining
patrons that the line is full. He or she must advise remaining patrons that they are to exit the area
in an orderly fashion.
(D) Security personnel shall be readily identifiable to customers and law enforcement as
either private security or management personnel through use of distinctive clothing or uniforms and
identification. Security guards shall wear distinctive uniforms and be readily identifiable as private
security personnel to customers and law enforcement.
(j) Any violations of the law or threatened violations shall be immediately reported to the
police department and full cooperation shall be given by employees and management of the
business.
(k) No variance Ecom the permitted entertainment shall occur without obtaining an
amendment to the permit.
(0 No part
of the business shall be subleased without notification to the police department.
(m) Any fight, ejection of customer, thefts from customers, or an
y other criminal act
occurring at the establishment shall be report
ed to the police department as soon as any
establishment employee or security guard is aware of such an
incident.
(n) Any request by anyone in the establishment for an
employee to contact the police
department shall
be honored immediately, without question.
(o) Labor Code section 6404.5 regulating smoking shall be enforced at all times.
(p) Advertising for the entertainment shall conform to the requirements of this code.
(r) No patrons will be admitted to the establishment after 1:00 a.m.
(s) For establishments located in either the Burlingame Avenue or the Broadway
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Commercial District as defined intitle25 of this code, beverages will only Deserved in plastieware
after 10 p.m. on Thursday, Friday, and Saturday nights and New Year's Eve, the Wednesday night
before Thanksgiving Day, Saint Patrick's Day, Halloween, and the Fourth of July. In addition, the
establishment shall be responsible for applying this condition to other times and events during the
year such as grand opening celebrations, anniversaries, and other nights or days in which the
establishment has attracted extraordinarily large numbers of or unusually rowdy persons or other
special considerations indicate that application of this condition makes good business and practice
sense. The exceptions to this are closed, private parties and beverages served in stemware.
(t) Permittee shall ensure that all business employees fully cooperate with the police
deparhnent when asked to provide witness statements, contact information, and requests to return
telephone calls as soon as possible.
(u) Permittee shall not permit any person in an intoxicated condition to enter or remain in
the establishment.
(v) The permittee shall meet with the chief of police to discuss the conduct of the
establishment upon reasonable request.
6.16.160 Performance standards fox entertainment businesses where alcoholic beverages are
servedI
The following additional requirements shall apply to any entertainment business where
alcoholic beverages are served anywhere on site, and failure to comply with every such requirement
shall be grounds for revocation or suspension of a permit issued pursuan
t to this chapter:
(a) All alcohol beverage laws shall
be strictly enforced. The permittee shall comply with
all conditions and restrictions imposed upon the Depart
ment of Alcoholic Beverage Control (ABC)
license and all
applicable ABC regulations.
(b) No minors are to be allowed on the premises during hours when there is no food
service, unless they are there on lawful business, and no minors shall be allowed in the business
after 10 p.m. when entertainment is being offered. If an
ABC type 47 on -sale general eating place
permit has
been issued to the permittee, persons under the age of 21 years shall not be allowed in
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areas where meals are not served.
(c) A sign indicating there is an age restriction of twenty-one k2 1) years and older shall be
posted at all entrances to bar areas. This sign shall be readily visible to patrons.
(d) The permittee shall participate with ABC programs for refresher bartender and waitress
training on no less than an annual basis.
6.16.170 Performance standards for amusement arcades.
The following requirements shall apply to entertainment businesses providing amusement
arcade entertainment; and shall be deemed conditions of the entertainment permit, and failure to
comply with every such requirement shall be grounds for revocation of the permit issued pursuant
to this chapter.
(a) A11 amusement devices within the premises shall be visible to and supervised by an
identifiable adult attendant who shall be present at all times when any amusement device is being
operated. Such attendant shall be provided with a jacket, vest, or other clothing that clearly
identifies such person as an employee of said arcade.
(b) The supervision of the patrons on the premises shall be adequate to insure that there is
no conduct that unreasonably interferes with the use of surrounding properties.
(c) No one under eighteen (18) years of age shall be allowed to play the amusement devices
between the hours of 7:00 a.m. an
d 3:00 p.m. during the academic year of any public school district
with a school in the city; holidays, Saturdays, and Sundays are excluded. No one under eighteen
(18) years of age may loiter inside or outside the premises or play amusement devices between
10:00 p.m. and 6:00 a.m.
(d) Each arcade maintaining sixteen (16) amusement devices or more shall provide a
minimum of one uniformed private security person in addition to the adult attendant from 3:00 p.m,
until after closing time during weekdays and at all times during the hours of operation on weekends
and holidays. The identity of the security person or persons shall be provided to the chief of police
on forms provided by the police department. If there are an unusual amount of police service calls
to an amusement arcade with sixteen (16) or more amusement devices, the chief of police may
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require that the security person required by this subsection be replaced by a security guard.
(e) Outside security lighting shall be provided under the direction of and subject to the
approval of the police department.
(f)
Public restroom faces shall
be provided.
(g)
A minimum of ten -foot candle
illumination
generally distributed must be contained in
all parts o£ the premises at all times when the arcade is open and when the public is permitted to
enter or remain therein.
(h) No amusement device shall be situated in such a way that its use will violate any
applicable fire regulation or hinder the reasonable egress from and ingress to the premises of the
public. A fully dimensioned floor plan indicating the location of each machine and the aisle width
for ingress shall be clearly labeled.
(i) The business entrance shall be unlocked during all times that the premise is open for use
of arcade games.
(j) Video surveillance cameras shall be installed in the arcade areas to continually record
patron activities to tape or disk during the establishment's hours of operation. Recorded tapes and
disks shall be maintained for a period of at least ninety-six (96) hours aft
er recording. The recorded
tapes and disks shall be made available to police personnel upon written request.
(k) No alcoholic beverages are allowed in areas operated as amusement arcades.
(Z) If a token change machine or coin change machine is installed, it shall be protected by
an alarm system.
(m) The applicant shall restrict access into and out of the facility through the front doors)
only. The rear door shall be equipped with an
audible alarm that will sound whenever the door is
opened. The door shall be sign posted to indicate the alarm condition.
(n) Any pay telephone installed inside the premises or an
condition.
September 27, 2005
y pay telephone immediately
adjacent to the fr
ont of the business shall be restricted from receiving incoming calls.
(o) No gambling shall be permitt
ed in areas operated as amusement arcades.
(p) The permitt
ee shall maintain and keep its amusement devices in good working order and
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6.16.190 Display of permit.
Every entertainment business shall display at all times during business hours the permit
issued pursuant to the provisions of this chapter for such entertainment business in a conspicuous
place so that the permit may be readily seen by all persons entering the entertainment business.
6.16.200 Inspections.
An applicant or permittee shall permit representatives of the police department, health
department, fire department, planning department, or other city deparhnents to inspect the premises
of an entertainment business for the purpose of insuring compliance with the law and the
development and performance standards applicable to entertainment businesses, at any time it is
occupied or opened for business. A person who operates an entertainment business or his or her
agent or employee is in violation of the provisions of this section if he or she refuses to permit such
lawful inspection of the premises at any time it is occupied or open for business.
6.16.210 Compliance with other laws.
The provisions of this
chapter are not intended to be exclusive and compliance therewith
shall not excuse noncompliance with any other provisions of this code or county or state laws
applicable to the entert
ainment activity or the business within which the activity is conducted.
6.16.220 Interpretation of chapter.
If ambiguity arises concerning the content or application of this chapter, it shall be the duty
of the chief of police to establish all pert
inent facts and to interpret its provisions.
6.16.230 Public nuisance.
Any entert
ainment business operated, conducted, or maintained in violation of the
requirements of this chapter is declared to be a public nuisan
ce, and in addition to any other remedy
provided by this law maybe abated through the initiation of a civil enforcement action brought by
the city attorn
ey.
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6.16.240 Severability.
If any section,subsection,subdivision,paragraph,sentence, clause, or phrase in this chapter
or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this chapter or any part thereof. The city council hereby declares that it
would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase
thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
Section 3. This ordinance shall be published as required by law.
r
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 19th day
of September, 2005, and adopted thereafter at a regular meeting of the City Council held on the
3rd day of October, 2005, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, GALLIGAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
t.
City Clerk
C:AFIC.ESVORllINANCAentertainment-2bpd.wpd
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