HomeMy WebLinkAbout2019-03-12; City Council; ; Amendment to the Carlsbad Municipal Code Chapter 8.09, Entertainment License, updating the entertainment license requirements and guidelines for businesses.CA Review ~
~ CITY COUNC IL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
March 12, 2019
Mayor and City Council
Scott Chadwick, City Manager
Claudia Huerta, Village Manager
Claudia.Huerta@carlsbadca.gov or 760-268-4759
Christie Marcella, Economic Development Manager
Christie.Marcella@carlsbadca.gov or 760-602-2732
Amendment to the Carlsbad Municlpal Code Chapter 8.09, Entertainment
License, updating the entertainment license requirements and guidelines
for businesses.
Recommended Action
Introduce an Ordinance amending Carlsbad Municipal Code, Chapter 8.09, Entertainment
License.
Executive Summary
The city's entertainment ordinance provides guidelines for all business establishments with an
ABC license seeking to provide live entertainment at their establishment in the city. Since the
latest update to Chapter 8.09 Entertainment License in 2007 there are additional types of
businesses in the city that would like to provide live musical entertainment (i.e. breweries, wine
bars, etc), but current entertainment license eligibility criteria do not encompass these business
types.
Additionally, various businesses owners with an entertainment license or that would like to
obtain one have shared with staff the need for additional criteria and improved clarity in the
application submission process.
City staff has researched the issue of allowing live musical entertainment at business
establishments that are currently not eligible for a live entertainment license. Based on this
research, city staff is recommending that the City Council amend the entertainment license
provisions to allow additional types of businesses to apply for and potentially receive a live
entertainment license.
The proposed amendments to Chapter 8.09 expand the business type eligibility criteria and
change administrative processing to improve application submission coordination for live
entertainment licenses. These changes are being brought to the City Council for consideration
as only the City Council can adopt changes to the Carlsbad Municipal Code.
March 12, 2019 Item #6 Page 1 of 33
Discussion
Recent trends in active commercial spaces have increased market demands for businesses to
provide more experiential options for customers. For example, live entertainment has become
a great way to create a special ambiance that entices customers to visit businesses more
regularly. Live entertainment in the city is regulated pursuant to Chapter 8.09 of the Carlsbad
Municipal Code. The purpose of the city's entertainment license ordinance is to provide
guidelines for entertainment establishments in the city to help minimize negative effects and
maintain public safety. Since the latest update to Chapter 8.09 in 2007, there are additional
types of businesses in the city with ABC licenses, like breweries and wine bars, that would like
to provide live entertainment but, are unable to obtain a live entertainment license because
they do not meet the current entertainment license criteria.
After consulting with the police department, staff does not believe allowing entertainment at
these establishments would have an adverse effect on public safety. The recommended
amendments to the entertainment license ordinance aim to help better support arts and
culture in the city and make the city more competitive with other cities in the region that
recognize and support a variety of entertainment establishments while still preserving public
safety.
The proposed entertainment ordinance update (Exhibit 2) affects all. business establishments
with an ABC license seeking to be an entertainment establishment within city limits. The City of
Carlsbad defines an entertainment establishment as any commercial business, except a business
entity possessing a valid cabaret license or regulated by Chapter 8.60 of the Municipal Code that
is open to the public wherein alcoholic beverages are served, subject to licensing by State of
California Department of Alcoholic Beverage Control and offers entertainment to patrons.
Subsequently, within city limits entertainment is considered to be any single event, a series of
events, or an ongoing activity, to which the public is invited or allowed to watch, listen, or
participate in activities including:
• Dancing to live or recorded music
• Music played by a DJ
• Live music by single or multiple performers
• Music presented by videos, music concerts or other similar forms of musical
entertainment from any source
• Other entertainment performers, such as hypnotists, pantomimes, comedians,
song or dance acts, plays, concerts, any type of contest; sporting events,
exhibitions, carnival or circus acts, demonstrations of talent or items for gift or
sale; shows, reviews, etc.
The cost to obtain an entertainment license (the application fee) is currently $229 and a license
is in effect for 3 years from the date of approval. Since the adoption of the entertainment
license ordinance, businesses that have been granted entertainment licenses by the Police
Department under the Class I and Class II designations have generally been limited to bona fide
eating establishments or establishments with grandfathered cabaret licenses. Additionally, as a
part of the review process the police department has exercised interpretive discretion on the
March 12, 2019 Item #6 Page 2 of 33
kinds of entertainment, such as size of band and noise level, that is permitted when they
approve the entertainment license.
Various businesses have wanted to get entertainment licenses, but have not been able to
obtain approval of such a license from the Police Department unless they change their business
to a bona fide eating establishment. In most instances becoming a bona fide eating
establishment entails a significant financial investment as a business would need to build a
kitchen and serve food. Businesses have shared with staff that installing a full kitchen, other
related infrastructure and incurring additional project fees are prohibitive, especially for
smaller, family operated businesses. The proposed amendments address these concerns and
remove these limitations.
Additionally, a business' ABC license must allow for the operator to provide entertainment on
their premises. Staff recognizes current city entertainment license guidelines may restrict a
business' ABC license solely based on business type and not whether entertainment at the
business would at all impact public safety.
As part of the update process, on July 23, 2018, in partnership with the Carlsbad Chamber of
Commerce, city staff convened an outreach meeting to get feedback on the proposed updates-
with businesses that currently have an entertainment license or that have expressed interest in
applying for one. Ten business owners and representatives from eight business establishments
attended the meeting and provided positive feedback on the proposed changes. Comments
focused on application process guidelines, submittals, and renewals. Some businesses also had
questions about whether entertainment licenses will ever allow dancing in the future and staff
shared with attendees that such changes are not being considered at this time.
The first proposed amendment to Carlsbad Municipal Code Chapter 8.09, Section 8.09.020 will
add the following definitions:
• "Class Ill entertainment establishment" means a business that is a public premises
establishment with an ABC license offering entertainment to patrons that does
not include dancing by patrons of the establishment.
• "Public Premises Establishment" has the same meaning as that used in California
Business and Professions Code Section 23039 where "Public Premises" means:
(1) Premises licensed with any type of license other than an on-sale beer
license, and maintained and operated for the selling or serving of
alcoholic beverages to the public for consumption on the premises, and
in which food shall not be sold or served to the public as in a bona fide
public eating place, but upon which premises food products may be sold
or served incidentally to the sale or service of alcoholic beverages, in
accordance with rules prescribed by the department.
(2) Premises licensed with an on-sale beer license, in which food shall not
be sold or served to the public as in a bona fide public eating place, and in
which sandwiches, salads, desserts, and similar short orders shall not be
sold and served, in accordance with rules prescribed by the department.
March 12, 2019 Item #6 Page 3 of 33
These two additions create a new entertainment establishment class and expand the types of
businesses that can apply for an entertainment license to include public premises
establishments with an ABC license.
In addition, in an effort to provide consistency throughout the city and to advance the health
and vitality of the Village and Barrio, staff will also be providing a recommendation in the near
future to eliminate the "Restaurant with Entertainment" land use designation in the 2018
Village and Barrio Master Plan. The removal of this land use designation from the Master Plan
will remove additional requirements for businesses in the Village and Barrio so that the
Entertainment License ordinance can be applied uniformly throughout the city.
The other proposed amendments in Sections 8.09.060, 8.09.080, 8.09.090 will change the
application routing process from the police department to the Community and Economic
Development Department to enhance the level of service to applicants. If these changes are
approved Community and Economic Development will provide a clear point of contact for
applicants. They will have the responsibility to route applications through the review process
and work with all reviewing departments and divisions (Police, Building, Planning and Fire).
Businesses are already interacting with the Community & Economic Development Department
through their permitting and business licensing efforts at the Carlsbad Faraday Center. This
administrative change keeps their customer service experience consistent. The Police Chief will
still review and sign off on all entertainment licenses so that the police department can still
enact enforcement.
Fiscal Analysis
Funding for the amendments to the entertainment ordinance will not have a significant fiscal
impact. No additional appropriation is required.
Next Steps
Following introduction of the Ordinance, the City Clerk will prepare the Ordinance for adoption
at the next Regular Council Meeting. Once adopted, the City Clerk will publish the Ordinance or
a summary of the Ordinance in a newspaper of general circulation within 15 days. The
ordinance will be effective 30 days following the adoption.
Community & Economic Development staff will work with Police to facilitate the recommended
application coordination to improve service delivery to applicants.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change in
the environment, or a reasonably foreseeable indirect physical change in the environment, and
therefore does not require environmental review.
March 12, 2019 Item #6 Page 4 of 33
Public Notification
The city conducted a variety of public outreach efforts for the proposed amendments to the
entertainment license ordinance, including: individual business meetings and a group
stakeholder meeting.
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to scheduled meeting date.
Exhibits
1. City Council Ordinance
2. Entertainment License Ordinance Amendments Strikeout Version
3. Entertainment License Ordinance Amendments Clean Version
March 12, 2019 Item #6 Page 5 of 33
ORDINANCE NO. CS-351
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CHAPTER 8.09 ENTERTAINMENT LICENSES
Exhibit 1
WHEREAS, there are new types of businesses allowed in the City since the latest update
to Chapter 8.09 that would like to provide entertainment; and
WHEREAS, City staff has researched the benefits of live entertainment and the changing
needs to provide it by the business community due to increased demand for live entertainment
to stay competitive and provide more experiential features to stay competitive and viable; and
WHEREAS, City staff talked with various business owners that have entertainment
licenses or would like to have an entertainment license to ensure the proposed changes will
provide more clarity and reduce confusion on the entertainment license process; and
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows
that:
1. The above recitations are true and correct.
2. Carlsbad Municipal Code Chapter 8.09, Section 8.09.020 is amended to add the
following definitions:
"Class Ill entertainment establishment" means a business that is a public premises
establishment with an ABC license offering entertainment to patrons that does
not include dancing by patrons of the establishment.
"Public Premises Establishment" has the same meaning as that used in California
Business and Professions Code Section 23039.
3. Carlsbad Municipal Code Chapter 8.09, Section 8.09.060 is amended to read as
follows:
8.09.060 Application/modification requirements.
A. Any person or business entity desiring to obtain an entertainment license
or modification shall submit a complete application to the chief of police through
the Office of Community and Economic Development and pay an application fee
pursuant to Section 8.09.070.
B. The application shall be in a form approved by the chief of police.
C. The application shall be filed:
1. At least 45 days prior to the proposed operation of the
entertainment establishment; or
March 12, 2019 Item #6 Page 6 of 33
2. At least 45 days prior to the expiration of either a cabaret or
entertainment license; or
3. At any time for a modification.
D. The application shall state the class of entertainment (Class I, Class II or
Class Ill) that the entertainment establishment will provide to patrons.
E. The entertainment license application shall include five copies of a floor
plan. The floor plan shall be an accurate representation ofthe floor plan approved
by the city building and fire departments as part of a formal building permit
process. Any changes that have occurred to the floor plan since the original city
building and fire department approval shall be identified and include a notation
identifying the date the modification was approved by the city if such approval
was required. The floor plan shall show all customer seating· areas, performing
stages or platforms, back-of-house areas, restroom facilities, and any proposed
dance areas if applying for a Class II entertainment license. The floor plan shall
clearly state the legal occupant load as established as part of the formal building
permit process, and all exiting systems of the premises shall be clearly shown. No
floor plan change, occupant load change, or other change of use can be approved
as part of an application process for an entertainment license.
F. The application for an entertainment license shall include five copies ofthe
proposed site plan for the entertainment establishment and the site plan shall be
an accurate representation with dimensions that show the building's footprint,
boundary and property lines and on site parking spaces. Any changes that have
occurred to the site plan since the original city building and fire department
approval shall be identified and include a notation identifying the date the
modification was approved by the city if such approval was required.
G. The application shall also include a copy of any city land use permits (e.g.,
conditional use permit, redevelopment permit, etc.) issued to the property owner
or business entity.
H. The entertainment license _application shall include a detailed security
plan. The security plan should include, but is not limited to, the following:
1. The number of security personnel who will be on duty;
2. The minimum level of acceptable training for security personnel;
3. The patron screening procedure, if any, prior to admission to
entertainment establishment;
4. Identify patron access points into the entertainment
establishment;
5. Removal of disorderly or intoxicated patrons from premises; and
6. Dispersal of patrons from the entertainment establishment, on site
parking area and/or public rights-of-way (e.g., sidewalk or street) within
50 feet of any entrance to the entertainment establishment.
March 12, 2019 Item #6 Page 7 of 33
4. Carlsbad Municipal Code Chapter 8.09, Section 8.09.080 is amended to read as
follows:
8.09.080 Approval/denial/modification of entertainment license.
A. Upon completion of an investigation coordinated by the Office of
Economic Development, the chief of police shall issue the license subject to
Section 8.09.090, as applicable, unless it is found that:
1. The application fee has not been paid.
2. Applicant is less than 21 years of age.
3. The application does not conform to the provisions of this chapter.
4. The applicant has made a material misrepresentation in the
application.
5. The applicant or any of its owners, partners, officers or directors
has had an entertainment license revoked within two years prior to the
date of the pending application.
6. The proposed entertainment establishment does not comply with
all applicable laws, including, but not limited to: health, zoning, building,
and fire code requirements. Prior to granting a license, the chief of police
or designee shall obtain certification from the fire chief, city planner, and
building official that the proposed use is in compliance with the land use
and zoning provisions of the applicable municipal code provisions and
Village and Barrio Master Plan (if applicable), and that the structures are
suitable and safe for the proposed operation of an entertainment
establishment.
B. If the chief of police denies the application, the applicant shall be notified
of the reasons for the denial in writing within 45 days after receipt of the
application. However, failure to notify the applicant within the specified time
period shall not constitute a basis for granting the license. An applicant denied an
entertainment license has a right to appeal the denial pursuant to Section
8.09.150 of this chapter. If such a hearing is not requested within the prescribed
time period, the denial shall be final.
C. If a conditional use permit, or any other permit or approval, except a
certificate of occupancy, is required for the lawful operation of an entertainment
establishment, the provisions of this chapter shall be in addition to those other
permits and entitlements. An entertainment license cannot modify the terms of a
conditional use permit or any other permit or approval.
5. Carlsbad Municipal Code Chapter 8.09, Section 8.09.090 is amended to read as
follows:
8.09.090 Entertainment license standards and conditions.
March 12, 2019 Item #6 Page 8 of 33
A. All Class I, Class II and Class Ill entertainment establishments shall operate
in accordance with the following standards or conditions:
1. Display of License. The entertainment license shall be displayed on
the premises in a conspicuous place so that law enforcement persons
entering may readily see the entertainment license. A copy of the floor
plan approved with the entertainment license shall be made available at
all times at the request of any law enforcement officer, fire marshal or
deputy fire marshal.
2. Hours of Operation. All entertainment establishments shall
otherwise close and all patrons shall vacate the premises between 2:00
a.m. and 6:00 a.m. unless the entertainment license is conditioned for
additional hours of closure.
3. Noise Restrictions. Noise shall be measured in accordance with
Section 8.09.110. Between the hours of 10:00 p.m. and 7:00 a.m. no
entertainment establishment may cause, permit or maintain noise at a
sound level to the extent that the one-hour average sound level exceeds
65.0 dBA Leq-lm at the property line of the entertainment establishment
of which the noise is produced. The noise subject to these limits is that part
of the total noise at the specified location that is due solely to the action
of said responsible party.
4. Manager and Service Training. The following persons must
complete a responsible beverage service training course before the
entertainment establishment may provide entertainment:
i. Every manager must complete a responsible beverage
service training course within 90 days of hire, or by January 1, 2008,
whichever is later.
ii. Every person who serves or sells alcoholic beverages for
consumption by patrons on the premises of an entertainment
establishment shall complete a responsible beverage service
training course within 90 days of hire, or by January 1, 2008,
whichever is later.
111. Every manager and every person who serves or sells
alcoholic beverages for consumption by patrons on the premises of
the entertainment establishment shall maintain a current
responsible beverage service training course certificate.
iv. A list of all persons employed as managers or persons who
serve or sell alcoholic beverages for consumption by patrons on the
premises of an entertainment establishment shall be maintained
on the premises of the entertainment establishment. The list shall
clearly identify the hire date, the date of each responsible beverage
service training course was completed and the date the current
training certificate will expire for every manager and every person
March 12, 2019 Item #6 Page 9 of 33
who serves or sells alcoholic beverages for consumption by patrons
on the premises of the entertainment establishment. The list shall
be provided, upon request, to any police officer for inspection.
5. Maximum Occupant Load. The maximum number of persons in the
entertainment establishment, other than employees, shall not, at any
time, exceed the maximum occupant load as established by the fire
marshal or the city building official.
6. Disturbing the Peace and Disorderly Conduct. The responsible
party shall make reasonable efforts to prevent the admission of any
person, whose conduct is described in California Penal Code Section 415
(fighting, loud noise, offensive words in public places) or PC 647 (disorderly
conduct), inside the entertainment establishment, at any on site parking
lot owned or under the control by the entertainment establishment, or on
any sidewalk used by the entertainment establishment for the
entertainment establishment. The responsible party shall make
reasonable efforts to either call the police for assistance or remove from
the entertainment establishment, parking lot or sidewalk persons
exhibiting such conduct.
7. Maintaining Adequate Right-of-Way. The responsible party shall
ensure that patrons queuing on the public sidewalk do not obstruct the
right-of-way or sidewalk from vehicular or pedestrian access. The
minimum clear access for sidewalks shall be maintained at 44 inches.
8. Orderly Dispersal. The responsible party shall use reasonable
efforts to cause the orderly dispersal of patrons from the entertainment
establishment at closing time, and shall use reasonable efforts to prevent
patrons from congregating in the entertainment establishment's parking
lot after closing time or permit patrons to congregate in any roadway or
traffic lane within 50 feet of any entrance to the entertainment
establishment.
9. Obey all federal, state and local laws.
B. In addition to the conditions set forth in subsection A of this section, the
chief of police may impose additional conditions in the following areas which shall
be based on specific, articulated facts setting forth the necessity for the
conditions:
1. The permissible hours of operation for entertainment.
2. Specific licensing qualifications and numbers of security personnel
to be on duty during business hours.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the
City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or
March 12, 2019 Item #6 Page 10 of 33
a summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
12th day of March 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
March 12, 2019 Item #6 Page 11 of 33
Exhibit 2
8.09.010 Purpose.
The City of Carlsbad encourages the development of arts and culture and recognizes that having many
entertainment establishments provides a means for such activity. The City of Carlsbad further recognizes
that having a variety of entertainment types in the city promotes a rich and diverse cultural experience.
The City of Carlsbad also recognizes that entertainment establishments serving alcohol have
demonstrated the potential for creating an environment where various types of disturbances, excessive
noise, and disorderly conduct by inebriated patrons may occur. These negative effects are adverse to the
public safety and the quality of life in the community.
The purpose of this chapter is to regulate the operation of entertainment establishments so as to minimize
the negative effects and to preserve the public safety, health and welfare. It is not the city's intent to
regulate or restrict the type or content of entertainment provided in those establishments. All licensees
will be responsible for controlling patron conduct at their entertainment establishment, making adequate
provisions for security and crowd control, compliance with state and local laws and minimizing
disturbances caused by the operation of an entertainment establishment.
It is also the intent of the City of Carlsbad to provide alternatives to the regulating of entertainment
establishments by imposing license conditions tailored to the particular entertainment establishment.
(Ord. NS-859 § 3, 2007)
8.09.020 Definitions.
For purposes of this chapter the following words and phrases shall have the following meanings:
"A-weighted sound level" means the sound level in decibels as measured on a sound level meter
using A-weighting network. The level is displayed in decibels and is designated either dB(A) or
dBA.
"ABC license" means a license to serve alcoholic beverages issued by the State of California
Department of Alcoholic Beverage Control.
"Ambient music" means prerecorded, low-level, background music, which is inaudible from any
portion of the exterior of the premises. Ambient music does not include music played by a "disc
jockey" or "DJ."
"Ambient noise level" means the composite noise from all sources near and far. In this context, the
ambient noise level constitutes a normal or existing level of environmental noise at a given location
and time.
"Ambient sound" means vibrations that travels through the air and are detectible by the ear and
which are inaudible from any portion of the exterior of the premises.
"Ambient television" means television programming routinely shown on broadcast, cable, satellite
or other networks which now exist or which may be developed in the future which is inaudible and
not visible from any portion of the exterior of the premises.
"Average sound level" means a sound level typical of the sound levels at a certain place during a
given period of time, averaged by the general rule of combination for sound levels, as set forth in
Sl.40-1984, as amended from time to time, of the American National Standards Institute
March 12, 2019 Item #6 Page 12 of 33
specifications for sound level meters. Average sound level is also called equivalent continuous
sound level ("Leg").
"Cabaret license" means a cabaret license issued pursuant to Section 8.09.014 as it existed before
the revision of this code by the enactment of this chapter, entertainment license.
"Class I entertainment establishment" means a business with an ABC license offering entertainment
to patrons that does not include dancing by patrons of the entertainment establishment.
"Class II entertainment establishment" means a business with an ABC license offering entertainment
to patrons that includes dancing by patrons of the entertainment establishment.
"Class III entertainment establishment" means a business that is a public premises establishment
with an ABC license offering entertainment to patrons that does not include dancing by patrons of
the establishment.
"Dance or dancing" means to move with rhythmical steps or movement, usually to music or an
audible rhythm; except for any dance that is regulated under Chapter 8.60 (Adult Business Licenses
and Operating Regulations).
"Decibel (dB)" means a unit of measure of sound noise level.
"Disturbing, excessive or offensive noise" means: (a) any noise which constitutes a nuisance
involving discomfort or annoyance to persons of normal sensitivity residing in the area; or (b) any
noise conflicting with the criteria or levels set forth in this chapter.
"Entertainment" means any single event, a series of events, or an ongoing activity or business,
occurring alone or as part of another business, to which the public is invited or allowed to watch,
listen, or participate, or is conducted for the purposes of holding the attention of, gaining the
attention of, or diverting or amusing patrons, including:
1. Dancing by patron(s) to live or recorded music.
2. The presentation of music played on sound equipment operated by an agent or contractor
of the establishment, commonly known as "disc jockey" or "DJ."
3. The presentation of live music whether amplified or on-amplified.
4. The presentation of music videos, music concerts or other similar forms of musical
entertainment from any source.
5. Any amusement or event such as live music or other live performance which is knowingly
permitted by any entertainment establishment, including presentations by single or multiple
performers, such as hypnotists, pantomimes, comedians, song or dance acts, plays, concerts,
any type of contest; sporting events, exhibitions, carnival or circus acts, demonstrations of
talent or items for gift or sale; shows, reviews, and any other such activity which may be
attended by members of the public.
"Entertainment establishrnent(s)" means any commercial business, except a business entity
possessing a valid cabaret license or regulated by Chapter 8.60 of this code that is open to the public
wherein alcoholic beverages are served, is subject to licensing by State of California Department of
Alcoholic Beverage Control and offers entertainment to patrons.
"Entertainment license" means a license obtained from the chief of police pursuant to the provisions
of this chapter for the purposes of operating an entertainment establishment.
March 12, 2019 Item #6 Page 13 of 33
"Manager" means a person, regardless of the job title or description, who has discretionary powers
to organize, direct, carry on, or control the operations of an entertainment establishment, including a
restaurant or bar. Authority to engage in one or more of the following functions is prima facie
evidence that a person is a manager of the entertainment establishment:
1. Hire or terminate employees;
2. Contract for the purchase of furniture, equipment, or supplies, except for the occasional
replenishment of stock;
3. Disburse funds of the business, except for the receipt of regularly replaced items of stock;
4. Make or participate in making policy decisions regarding operations of the entertainment
establishment.
"Noise" means and includes ambient music, ambient television, ambient sound, or entertainment.
"Noise level" has the same meaning as "Sound level."
"On-sale" has the same meaning as California Business and Professions Code Section 23038.
"Public Premises Establishment" has the same meaning as that used in California Business and
Professions Code Section 23039.
"Responsible beverage service training course" means a course certified by the California
Department of Alcoholic Beverage Control for on-sale management and on-sale professional
services.
"Responsible party" means any person who is physically at the entertainment establishment and is
any of the following:
1. The person who owns the entertainment establishment;
2. The person in charge of the entertainment establishment;
3. The person using the entertainment establishment under a special arrangement;
4. An employee or agent of an owner or manager of the entertainment establishment when
the owner or manager is temporarily absent from the entertainment establishment;
5. The entertainment establishment's manager or on-site supervisor.
"Sound level" means in decibels, the weighted sound pressure level obtained by the use of a sound
level meter and frequency weighing network as specified in S 1 .40-1984, as amended from time to
time, of the American National Standards Institute specifications for sound level meters. If the
frequency weighting employed is not indicated, the A-weighting is implied.
"Sound level meter" means an instrument, including a microphone, an amplifier, a readout, and
frequency weighting networks for the measurement of sound levels, which meets or exceeds the
requirements pertinent for type S2A meters in S 1 .40-1984, as amended from time to time, of the
American National Standards Institute specifications for sound level meters.
"Sound noise level" has the same meaning as "sound level."
8.09.030 Entertainment license required.
All entertainment establishments shall possess an entertainment license. (Ord. NS-859 § 3, 2007)
March 12, 2019 Item #6 Page 14 of 33
8.09.040 Exemptions.
The following types of activities are exempt from the provisions of this chapter:
A. Events for which a special event permit or park facility use permit has been issued pursuant to
this code;
B. Ambient music;
C. Ambient television;
D. Ambient sound;
E. Entertainment conducted in connection with a theme park;
F. Entertainment conducted in connection with a hotel, so long as the hotel is subject to a specific
plan or master plan development. (Ord. NS-859 § 3, 2007)
8.09.050 No renewal of cabaret license.
Any person or business entity holding a valid cabaret license issued before the effective date of the
ordinance codified in this chapter may continue with the operation of that business until such time as that
annual cabaret license expires or is revoked. Upon expiration or revocation of an annual cabaret license,
an application for an entertainment license shall be submitted to the chief of police or designee pursuant
to this chapter if the business desires to continue serving alcoholic beverages and providing entertainment
to patrons.
The transferee or purchaser of a business holding an annual cabaret license issued before the effective
date of the ordinance codified in this chapter shall be required to apply for an entertainment license,
pursuant to this chapter, within 30 days of the completion of the transfer or purchase of the business
holding such annual cabaret license if the transferee or purchaser desires to continue serving alcohol
beverages and providing entertainment to patrons. (Ord. NS-859 § 3, 2007)
8.09.060 Application/modification requirements.
A. Any person or business entity desiring to obtain an entertainment license or modification shall
submit a complete application to the chief of police through the Office of Community and Economic
Development or designee and pay an application fee pursuant to Section 8.09.070.
B. The application shall be in a form approved by the chief of police.
C. The application shall be filed:
1. At least 45 days prior to the proposed operation of the entertainment establishment;
2. At least 45 days prior to the expiration of either a cabaret or entertainment license; or
3. At any time for a modification.
D. The application shall state the class of entertainment (Class t aHEl---Class II and Class III) that
the entertainment establishment will provide to patrons.
E. The entertainment license application shall include five copies of a floor plan. The floor plan
shall be an accurate representation of the floor plan approved by the city building and fire
departments as part of a formal building permit process. Any changes that have occurred to the floor
plan since the original city building and fire department approval shall be identified and include a
March 12, 2019 Item #6 Page 15 of 33
notation identifying the date the modification was approved by the city if such approval was
required. The floor plan shall show all customer seating areas, performing stages or platforms, back-
of-house areas, restroom facilities, and any proposed dance areas if applying for a Class II
entertainment license. The floor plan shall clearly state the legal occupant load as established as part
of the formal building permit process, and all exiting systems of the premises shall be clearly shown.
No floor plan change, occupant load change, or other change of use can be approved as part of an
application process for an entertainment license.
F. The application for an entertainment license shall include five copies of the proposed site plan
for the entertainment establishment and the site plan shall be an accurate representation with
dimensions that show the building's footprint, boundary and property lines and on site parking
spaces. Any changes that have occurred to the site plan since the original city building and fire
department approval shall be identified and include a notation identifying the date the modification
was approved by the city if such approval was required.
G. The application shall also include a copy of any city land use permits ( e.g., conditional use
permit, redevelopment permit, etc.) issued to the property owner or business entity.
H. The entertainment license application shall include a detailed security plan. The security plan
should include, but is not limited to, the following:
1. The number of security personnel who will be on duty;
2. The minimum level of acceptable training for security personnel;
3. The patron screening procedure, if any, prior to admission to entertainment establishment;
4. Identify patron access points into the entertainment establishment;
5. Removal of disorderly or intoxicated patrons from premises; and
6. Dispersal of patrons from the entertainment establishment, on site parking area and/or public rights-
of-way (e.g., sidewalk or street) within 50 feet of any entrance to the entertainment establishment.
8.09.070 Fees.
A nonrefundable fee, as set forth in the City of Carlsbad Master Fee Schedule shall accompany each
application for an entertainment license. The entertainment license fee shall be in addition to the business
license fee required pursuant to Chapter 5.08 of this code. (Ord. NS-859 § 3, 2007)
8.09.080 Approval/denial/modification of entertainment license.
A. Upon completion of an investigation coordinated by the Office of Community and Economic
Development, the chief of police shall issue the license subject to Section 8.09.090, as applicable, unless
it is found that:
1. The application fee has not been paid.
2. Applicant is less than 21 years of age.
3. The application does not conform to the provisions of this chapter.
4. The applicant has made a material misrepresentation in the application.
March 12, 2019 Item #6 Page 16 of 33
5. The applicant or any of its owners, partners, officers or directors has had an entertainment
license revoked within two years prior to the date of the pending application.
6. The proposed entertainment establishment does not comply with all applicable laws,
including, but not limited to: health, zoning, building, and fire code requirements. Prior to
granting a license, the chief of police or designee shall obtain certification from the fire chief,
city planner, and building official that the proposed use is in compliance with the land use and
zoning provisions of the applicable municipal code provisions and Village and Barrio Master
Plan (if applicable), and that the structures are suitable and safe for the proposed operation of
an entertainment establishment.
B. If the chief of police denies the application, the applicant shall be notified of the reasons for the
denial in writing within 45 days after receipt of the application. However, failure to notify the
applicant within the specified time period shall not constitute a basis for granting the license. An
applicant denied an entertainment license has a right to appeal the denial pursuant to
Section 8.09.150 of this chapter. If such a hearing is not requested within the prescribed time period,
the denial shall be final.
C. If a conditional use permit, or any other permit or approval, except a certificate of occupancy,
is required for the lawful operation of an entertainment establishment, the provisions of this chapter
shall be in addition to those other permits and entitlements. An entertainment license cannot modify
the terms of a conditional use permit or any other permit or approval.
8.09.090 Entertainment license standards and conditions.
A. All Class t aftd-Class II and Class ill entertainment establishments shall operate in accordance
with the following standards or conditions:
1. Display of License. The entertainment license shall be displayed on the premises in a
conspicuous place so that law enforcement persons entering may readily see the entertainment
license. A copy of the floor plan approved with the entertainment license shall be made
available at all times at the request of any law enforcement officer, fire marshal or deputy fire
marshal.
2. Hours of Operation. All entertainment establishments shall otherwise close and all patrons
shall vacate the premises between 2:00 a.m. and 6:00 a.m. unless the entertainment license is
conditioned for additional hours of closure.
3. Noise Restrictions. Noise shall be measured in accordance with Section 8.09.110.
Between the hours of 10:00 p.m. and 7:00 a.m. no entertainment establishment may cause,
permit or maintain noise at a sound level to the extent that the one-hour average sound level
exceeds 65.0 dBA Leq-lm at the property line of the entertainment establishment of which the
noise is produced. The noise subject to these limits is that part of the total noise at the specified
location that is due solely to the action of said responsible party.
4. Manager and Service Training. The following persons must complete a responsible
beverage service training course before the entertainment establishment may provide
entertainment:
March 12, 2019 Item #6 Page 17 of 33
i. Every manager must complete a responsible beverage service training course
within 90 days of hire, or by January 1, 2008, whichever is later.
ii. Every person who serves or sells alcoholic beverages for consumption by
patrons on the premises of an entertainment establishment shall complete a
responsible beverage service training course within 90 days of hire, or by January 1,
2008, whichever is later.
iii. Every manager and every person who serves or sells alcoholic beverages for
consumption by patrons on the premises of the entertainment establishment shall
maintain a current responsible beverage service training course certificate.
iv. A list of all persons employed as managers or persons who serve or sell
alcoholic beverages for consumption by patrons on the premises of an entertainment
establishment shall be maintained on the premises of the entertainment
establishment. The list shall clearly identify the hire date, the date of each
responsible beverage service training course was completed and the date the current
training certificate will expire for every manager and every person who serves or
sells alcoholic beverages for consumption by patrons on the premises of the
entertainment establishment. The list shall be provided, upon request, to any police
officer for inspection.
5. Maximum Occupant Load. The maximum number of persons in the entertainment
establishment, other than employees, shall not, at any time, exceed the maximum occupant
load as established by the fire marshal or the city building official.
6. Disturbing the Peace and Disorderly Conduct. The responsible party shall make
reasonable efforts to prevent the admission of any person, whose conduct is described in
California Penal Code Section 415 (fighting, loud noise, offensive words in public places) or
PC 647 (disorderly conduct), inside the entertainment establishment, at any on site parking lot
owned or under the control by the entertainment establishment, or on any sidewalk used by the
entertainment establishment for the entertainment establishment. The responsible party shall
make reasonable efforts to either call the police for assistance or remove from the
entertainment establishment, parking lot or sidewalk persons exhibiting such conduct.
7. Maintaining Adequate Right-of-Way. The responsible party shall ensure that patrons
queuing on the public sidewalk do not obstruct the right-of-way or sidewalk from vehicular or
pedestrian access. The minimum clear access for sidewalks shall be maintained at 44 inches.
8. Orderly Dispersal. The responsible party shall use reasonable efforts to cause the orderly
dispersal of patrons from the entertainment establishment at closing time, and shall use
reasonable efforts to prevent patrons from congregating in the entertainment establishment's
parking lot after closing time or permit patrons to congregate in any roadway or traffic lane
within 50 feet of any entrance to the entertainment establishment.
9. Obey all federal, state and local laws.
B. In addition to the conditions set forth in subsection A of this section, the chief of police may
impose additional conditions in the following areas which shall be based on specific, articulated
facts setting forth the necessity for the conditions:
1. The permissible hours of operation for entertainment.
March 12, 2019 Item #6 Page 18 of 33
2. Specific licensing qualifications and numbers of security personnel to be on duty during
business hours.
8.09.100 Class II entertainment establishment conditions.
In addition to the conditions set forth in Section 8.09.090, the following conditions shall apply to all Class
II entertainment establishments:
A. Mandatory Security Guards. There shall be at least one security guard on duty at all times the
Class II entertainment establishment is allowing dancing.
B. Designation of Dance Floor.
1. The dance floor area shall be plainly marked and designated as the dancing area.
2. No dancing shall be permitted outside the designated dancing area.
C. Seating and Dance Areas. Seating areas shall not be converted to dance areas, unless the floor
plan approved as part of the application process allows such conversion.
During all hours which dancing is permitted, no portion of the dancing area shall be used for any purpose
other than dancing. (Ord. NS-859 § 3, 2007)
8.09.110 Sound or noise measurement.
A. Any sound or noise level measurement shall be measured with a sound level meter using an A-
weighted ( 40-phon) filter and an electrical time-constant equal to one second (i.e., "slow"
meter response) pursuant to applicable manufacturer's instructions.
B. The sound level meter shall be appropriately calibrated and adjusted both before and after a
test to ensure meter accuracy within the tolerances set forth by the American National
Standards Institute (ANSI) test designation Sl.40-1984 for Type II instrumentation.
C. For outdoor measurements, the microphone shall be not less than four feet above the ground,
at least four feet distant from walls or other reflecting surfaces. The sound level meter shall be
either mounted to a tripod, or handheld in a manner so as not to be directly in front of the
abatement officer. The sound level meter shall be protected during any test from the effects of
wind noises by the use of appropriate manufacturer specified windscreens.
D. The location of the any sound level measurement used for the purposes of noise abatement
shall be taken at the property line of the entertainment establishment that is creating the noise
source. The sound level meter shall be oriented such that the microphone is facing the noise
source and is elevated approximately 45 degrees vertically with respect to the ground. Under
no circumstances should a measurement be performed closer than six feet from the noise
source regardless of property line orientation.
E. Measurements shall be performed for a period of 60 seconds at each property line of interest
using a time-energy average approach (i.e., equivalent sound level or Leq based on a meter
exchange rate of three dB). Each measurement shall be logged by the abatement officer on the
reporting sheet as "xx.x" dBA Leq-lm, where "xx.x" is the reading from the sound level
meter.
F. If the noise source is intermittent, then for each halving of the hour in which the source is
expected to occur, the effective noise level at the property line can be reduced by 3.0 dBA Leq.
(Ord. NS-859 § 3, 2007)
8.09.120 Immediate threat to public safety.
The chief of police, fire marshal, or designee may require the responsible party to cease all or part of the
entertainment establishment's operations or entertainment and disperse all patrons for a period of time up
March 12, 2019 Item #6 Page 19 of 33
to and including the remainder of the entertainment establishment's daily operating hours whenever
conduct by disorderly patrons reaches a magnitude that presents an immediate threat to the safety and
well-being of the patrons or general public in the vicinity of the entertainment establishment. (Ord. NS-
859 § 3, 2007)
8.09.130 Term of license.
A. The entertainment license shall be valid for a term of three years from the date of issuance and
is not transferable. Suspension of an entertainment license shall not extend the term of the
entertainment license.
B. A change in ownership of the entertainment establishment shall require the new owner to pay a
new application fee and secure a new entertainment license from the chief of police in
accordance with Section 8.09.080.
C. An entertainment license may be renewed by a new application subject to the same
requirements stated herein for obtaining the initial entertainment license, including payment of
an application fee. (Ord. NS-859 § 3, 2007)
8.09.140 Revocation/suspension for violation.
A. The Office of Community and Economic Development chief of police may issue a letter of
intent to revoke or suspend an entertainment license upon receiving satisfactory evidence that:
1. The application for an entertainment license contains material misrepresentation; or
2. Ownership of the entertainment establishment has changed without the new ownership
securing a new entertainment license from the chief of police; or
3. The entertainment establishment has, within any 12-month period, been found
criminally, civilly or administratively (pursuant to Chapter 1.10 of this code), or any
combination thereof, to have violated three or more of the same provisions of this
chapter, or four or more of any provisions of this chapter; or
4. Employees of the entertainment establishment, while on the premises are engaged in
conduct or behavior to the extent that it constitutes a nuisance, including but not
limited to adjudicated complaints with adverse finding(s) by the State Alcoholic
Beverage Control Board or the County Health Department.
B. ChiefofpoliceThe Office of Community and Economic Development shall provide written
documentation or other evidence to support the intent to revoke or suspend an entertainment
license to the licensee with the letter of intent to revoke or suspend an entertainment license.
C. The Office of Community and Economic Development chief of police shall provide written
notice of the intent to revoke or suspend to the holder of an entertainment license by personal
service, or by certified mail. The notice shall be directed to the most current entertainment
establishment address or other mailing address on file with the chief of police for the
entertainment establishment. The notice shall provide the effective date of the revocation or
suspension. No revocation or suspension shall be imposed on less than 30 days notice to the
holder of the entertainment license. (Ord. NS-859 § 3, 2007)
8.09.150 Appeal procedure.
A. Any applicant or entertainment establishment aggrieved by denial, suspension or revocation,
or conditions of an entertainment license may file, with the city clerk, a written notice of
appeal to the city manager ("Notice of Appeal") within 30 days of the notification of decision
by the chief of police or designee. The notice of appeal shall specify:
1. The name and address of appellant;
2. The date of application;
3. The date of denial, suspension or revocation or condition;
March 12, 2019 Item #6 Page 20 of 33
4. The factual basis for the appeal.
B. Upon receipt of a complete and timely filed notice of appeal, the city manager shall schedule a
hearing and set forth in writing and deliver to the applicant or licensee at the address provided
in the notice of appeal, by means of registered mail, certified mail or hand delivery, that within
a period of not less than five days nor more than 14 days from the date of the filing of the
notice of appeal with the city clerk, a hearing shall be conducted to determine the existence of
any substantial evidence which would refute the grounds for the denial, suspension, or
revocation or condition of a license. The hearing notification shall include the date, time and
place of the hearing.
C. A hearing officer (hearing officer) appointed by the city manager shall conduct the hearing
based upon the notice of appeal. The applicant or licensee may have the assistance of counsel
or may appear by counsel and shall have the right to present evidence. In the event that the
applicant, licensee, or counsel representing the applicant or licensee, fails to present any
evidence at the hearing, the evidence of the existence of facts, which constitute grounds for the
denial, suspension, or revocation or condition of the entertainment license shall be deemed
uncontested. Any issue not raised in the hearing is waived.
D. Relevant evidence may be admitted and considered by the hearing officer if it is the sort of
evidence upon which responsible persons are accustomed to rely in the conduct of serious
affairs. Objections to evidence shall be noted and a ruling given by the hearing officer. A copy
of the recommendation of the hearing officer specifying findings of fact and the reasons for the
recommendation shall be furnished to the city manager for consideration. The city manager
shall notify the applicant or licensee or counsel representing the applicant or licensee of the
decision regarding the appeal in writing as specified above within 10 days of the hearing
officer's recommendation and shall also inform the party against whom a decision is rendered
of the right to appeal to the city council pursuant to this chapter. Any decision rendered by the
city manager which is not appealed within the specified time period for filing a notice to
appeal to city council is final.
E. Any applicant, licensee or party aggrieved by a decision of the city manager may appeal to the
city council within 10 days of the date on which the decision of the city manager was sent, via
certified mail to the applicant, licensee or party aggrieved. Upon the filing of a written notice
of appeal of city manager's decision to city council ("Appeal to City Council") upon the city
clerk, the city clerk shall schedule the appeal to city council for review by the city council as
soon as practicable and advise the police chief who shall transmit to the clerk the complete
record of the case.
F. The city clerk shall provide notice of the appeal to city council, along with the date, time and
location of the appeal to city council hearing to all parties to the appeal. The review by the city
council is de novo; and the city council shall determine that all issues not raised in the appeal
to city council are supported by substantial evidence. The city council shall consider the
recommendations of the police chief and the hearing officer, the decision of the city manager
and all other relevant documentary and oral evidence as presented to the hearing officer. The
city council may affirm, modify, or reverse the action of the city manager, and make such
order, as it deems appropriate and supported by substantial evidence including remand to the
city manager with directions for further proceedings. Any action by the city council shall be
final and conclusive; provided, however, that any action reversing the decision of the city
manager shall be by the affirmative vote of at least three members of the city council. (Ord.
NS-859 § 3, 2007)
8.09.160 Severability.
If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any
reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
March 12, 2019 Item #6 Page 21 of 33
decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter.
The city council declares that it would have passed the ordinance codified in this chapter and each
section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more of
the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional.
(Ord. NS-859 § 3, 2007)
8.09.170 Violation-Penalty.
A. Any person who violates any of the provisions of this chapter is guilty of an infraction, except
for the fourth and each additional violation of a provision of this chapter within one year, shall
be a misdemeanor. Penalties for a violation of this chapter shall be as designated in
Section 1.08.0l0(B) of this code.
B. In addition to any other remedy authorized by this chapter, a violation of this chapter may be
grounds for a revocation, suspension or denial of an entertainment license. (Ord. NS-859 § 3,
2007)
March 12, 2019 Item #6 Page 22 of 33
Exhibit 3
8.09.010 Purpose.
The City of Carlsbad encourages the development of arts and culture and recognizes that having many
entertainment establishments provides a means for such activity. The City of Carlsbad further recognizes
that having a variety of entertainment types in the city promotes a rich and diverse cultural experience.
The City of Carlsbad also recognizes that entertainment establishments serving alcohol have
demonstrated the potential for creating an environment where various types of disturbances, excessive
noise, and disorderly conduct by inebriated patrons may occur. These negative effects are adverse to the
public safety and the quality of life in the community.
The purpose of this chapter is to regulate the operation of entertainment establishments so as to minimize
the negative effects and to preserve the public safety, health and welfare. It is not the city's intent to
regulate or restrict the type or content of entertainment provided in those establishments. All licensees
will be responsible for controlling patron conduct at their entertainment establishment, making adequate
provisions for security and crowd control, compliance with state and local laws and minimizing
disturbances caused by the operation of an entertainment establishment.
It is also the intent of the City of Carlsbad to provide alternatives to the regulating of entertainment
establishments by imposing license conditions tailored to the particular entertainment establishment.
(Ord. NS-859 § 3, 2007)
8.09.020 Definitions.
For purposes ofthis chapter the following words and phrases shall have the following meanings:
"A-weighted sound level" means the sound level in decibels as measured on a sound level meter
using A-weighting network. The level is displayed in decibels and is designated either dB(A) or
dBA.
"ABC license" means a license to serve alcoholic beverages issued by the State of California
Department of Alcoholic Beverage Control.
"Ambient music" means prerecorded, low-level, background music, which is inaudible from any
portion of the exterior of the premises. Ambient music does not include music played by a "disc
jockey" or "DJ."
"Ambient noise level" means the composite noise from all sources near and far. In this context, the
ambient noise level constitutes a normal or existing level of environmental noise at a given location
and time.
"Ambient sound" means vibrations that travels through the air and are detectible by the ear and
which are inaudible from any portion of the exterior of the premises.
"Ambient television" means television programming routinely shown on broadcast, cable, satellite
or other networks which now exist or which may be developed in the future which is inaudible and
not visible from any portion of the exterior of the premises.
"Average sound level" means a sound level typical of the sound levels at a certain place during a
given period of time, averaged by the general rule of combination for sound levels, as set forth in
Sl.40-1984, as amended from time to time, of the American National Standards Institute
March 12, 2019 Item #6 Page 23 of 33
specifications for sound level meters. Average sound level is also called equivalent continuous
sound level ("Leq").
"Cabaret license" means a cabaret license issued pursuant to Section 8.09.01 4 as it existed before
the revision of this code by the enactment of this chapter, entertainment license.
"Class I entertainment establishment" means a business with an ABC license offering entertainment
to patrons that does not include dancing by patrons of the entertainment establishment.
"Class II entertainment establishment" means a business with an ABC license offering entertainment
to patrons that includes dancing by patrons of the entertainment establishment.
"Class III entertainment establishment" means a business that is a public premises establishment
with an ABC license offering entertainment to patrons that does not include dancing by patrons of
the establishment.
"Dance or dancing" means to move with rhythmical steps or movement, usually to music or an
audible rhythm; except for any dance that is regulated under Chapter 8.60 (Adult Business Licenses
and Operating Regulations).
"Decibel (dB)" means a unit of measure of sound noise level.
"Disturbing, excessive or offensive noise" means: (a) any noise which constitutes a nuisance
involving discomfort or annoyance to persons of normal sensitivity residing in the area; or (b) any
noise conflicting with the criteria or levels set forth in this chapter.
"Entertainment" means any single event, a series of events, or an ongoing activity or business,
occurring alone or as part of another business, to which the public is invited or allowed to watch,
listen, or participate, or is conducted for the purposes of holding the attention of, gaining the
attention of, or diverting or amusing patrons, including:
1. Dancing by patron( s) to live or recorded music.
2. The presentation of music played on sound equipment operated by an agent or contractor
of the establishment, commonly known as "disc jockey" or "DJ."
3. The presentation of live music whether amplified or un-amplified.
4. The presentation of music videos, music concerts or other similar forms of musical
entertainment from any source.
5. Any amusement or event such as live music or other live performance which is knowingly
permitted by any entertainment establishment, including presentations by single or multiple
performers, such as hypnotists, pantomimes, comedians, song or dance acts, plays, concerts,
any type of contest; sporting events, exhibitions, carnival or circus acts, demonstrations of
talent or items for gift or sale; shows, reviews, and any other such activity which may be
attended by members of the public.
"Entertainment establishment(s)" means any commercial business, except a business entity
possessing a valid cabaret license or regulated by Chapter 8.60 of this code that is open to the public
wherein alcoholic beverages are served, is subject to licensing by State of California Department of
Alcoholic Beverage Control and offers entertainment to patrons.
"Entertainment license" means a license obtained from the chief of police pursuant to the provisions
of this chapter for the purposes of operating an entertainment establishment.
March 12, 2019 Item #6 Page 24 of 33
"Manager" means a person, regardless of the job title or description, who has discretionary powers
to organize, direct, carry on, or control the operations of an entertainment establishment, including a
restaurant or bar. Authority to engage in one or more of the following functions is prima facie
evidence that a person is a manager of the entertainment establishment:
1. Hire or terminate employees;
2. Contract for the purchase of furniture, equipment, or supplies, except for the occasional
replenishment of stock;
3. Disburse funds of the business, except for the receipt of regularly replaced items of stock;
4. Make or participate in making policy decisions regarding operations of the entertainment
establishment.
''Noise" means and includes ambient music, ambient television, ambient sound, or entertainment.
''Noise level" has the same meaning as "Sound level."
"On-sale" has the same meaning as California Business and Professions Code Section 23038.
"Public Premises Establishment" has the same meaning as that used in California Business and
Professions Code Section 23039.
"Responsible beverage service training course" means a course certified by the California
Department of Alcoholic Beverage Control for on-sale management and on-sale professional
services.
"Responsible party" means any person who is physically at the entertainment establishment and is
any of the following:
1. The person who owns the entertainment establishment;
2. The person in charge of the entertainment establishment;
3. The person using the entertainment establishment under a special arrangement;
4. An employee or agent of an owner or manager of the entertainment establishment when
the owner or manager is temporarily absent from the entertaimnent establishment;
5. The entertainment establishment's manager or on-site supervisor.
"Sound level" means in decibels, the weighted sound pressure level obtaiI~ed by the use of a sound
level meter and frequency weighing network as specified in S 1 .40-1984, as amended from time to
time, of the American National Standards Institute specifications for sound level meters. If the
frequency weighting employed is not indicated, the A-weighting is implied.
"Sound level meter" means an instrument, including a microphone, an amplifier, a readout, and
frequency weighting networks for the measurement of sound levels, which meets or exceeds the
requirements pertinent for type S2A meters in Sl.40-1984, as amended from time to time, of the
American National Standards Institute specifications for sound level meters.
"Sound noise level" has the same meaning as "sound level."
8.09.030 Entertainment license required.
All entertainment establishments shall possess an entertainment license. (Ord. NS-859 § 3, 2007)
March 12, 2019 Item #6 Page 25 of 33
8.09.040 Exemptions.
The following types of activities are exempt from the provisions of this chapter:
A. Events for which a special event pennit or park facility use permit has been issued pursuant to
this code;
B. Ambient music;
C. Ambient television;
D. Ambient sound;
E. Entertainment conducted in connection with a theme park;
F. Entertainment conducted in connection with a hotel, so long as the hotel is subject to a specific
plan or master plan development. (Ord. NS-859 § 3, 2007)
8.09.050 No renewal of cabaret license.
Any person or business entity holding a valid cabaret license issued before the effective date of the
ordinance codified in this chapter may continue with the operation of that business until such time as that
annual cabaret license expires or is revoked. Upon expiration or revocation of an annual cabaret license,
an application for an entertainment license shall be submitted to the chief of police or designee pursuant
to this chapter if the business desires to continue serving alcoholic beverages and providing entertainment
to patrons.
The transferee or purchaser of a business holding an annual cabaret license issued before the effective
date of the ordinance codified in this chapter shall be required to apply for an entertainment license,
pursuant to this chapter, within 30 days of the completion of the transfer or purchase of the business
holding such annual cabaret license if the transferee or purchaser desires to continue serving alcohol
beverages and providing entertainment to patrons. (Ord. NS-859 § 3, 2007)
8.09.060 Application/modification requirements.
A. Any person or business entity desiring to obtain an entertainment license or modification shall
submit a complete application to the chief of police through the Office of Community and Economic
Development and pay an application fee pursuant to Section 8.09.070.
B. The application shall be in a form approved by the chief of police.
C. The application shall be filed:
1. At least 45 days prior to the proposed operation of the entertainment establishment;
2. At least 45 days prior to the expiration of either a cabaret or entertainment license; or
3. At any time for a modification.
D. The application shall state the class of entertainment (Class I, Class II or Class III) that the
entertainment establishment will provide to patrons.
E. The entertainment license application shall include five copies of a floor plan. The floor plan
shall be an accurate representation of the floor plan approved by the city building and fire
departments as part of a formal building permit process. Any changes that have occurred to the floor
plan since the original city building and fire department approval shall be identified and include a
March 12, 2019 Item #6 Page 26 of 33
notation identifying the date the modification was approved by the city if such approval was
required. The floor plan shall show all customer seating areas, performing stages or platforms, back-
of-house areas, restroom facilities, and any proposed dance areas if applying for a Class II
entertainment license. The floor plan shall clearly state the legal occupant load as established as part
of the formal building pennit process, and all exiting systems of the premises shall be clearly shown.
No floor plan change, occupant load change, or other change of use can be approved as part of an
application process for an entertainment license.
F. The application for an entertainment license shall include five copies of the proposed site plan
for the entertainment establishment and the site plan shall be an accurate representation with
dimensions that show the building's footprint, boundary and property lines and on site parking
spaces. Any changes that have occurred to the site plan since the original city building and fire
department approval shall be identified and include a notation identifying the date the modification
was approved by the city if such approval was required.
G. The application shall also include a copy of any city land use permits ( e.g., conditional use
permit, redevelopment permit, etc.) issued to the property owner or business entity.
H. The entertainment license application shall include a detailed security plan. The security plan
should include, but is not limited to, the following:
1. The number of security personnel who will be on duty;
2. The minimum level of acceptable training for security personnel;
3. The patron screening procedure, if any, prior to admission to entertainment establishment;
4. Identify patron access points into the entertainment establishment;
5. Removal of disorderly or intoxicated patrons from premises; and
6. Dispersal of patrons from the entertainment establishment, on site parking area and/or
public rights-of-way ( e.g., sidewalk or street) within 50 feet of any entrance to the
entertainment establishment.
8.09.070 Fees.
A nonrefundable fee, as set forth in the City of Carlsbad Master Fee Schedule shall accompany each
application for an entertainment license. The entertainment license fee shall be in addition to the business
license fee required pursuant to Chapter 5.08 of this code. (Ord. NS-859 § 3, 2007)
8.09.080 Approval/denial/modification of entertainment license.
A. Upon completion of an investigation coordinated by the Office of Community and Economic
Development, the chief of police shall issue the license subject to Section 8.09.090, as applicable,
unless it is found that:
1. The application fee has not been paid.
2. Applicant is less than 21 years of age.
3. The application does not conform to the provisions of this chapter.
4. The applicant has made a material misrepresentation in the application.
March 12, 2019 Item #6 Page 27 of 33
5. The applicant or any of its owners, partners, officers or directors has had an entertainment
license revoked within two years prior to the date of the pending application.
6. The proposed entertainment establishment does not comply with all applicable laws,
including, but not limited to: health, zoning, building, and fire code requirements. Prior to
granting a license, the chief of police or designee shall obtain certification from the fire chief,
city planner, and building official that the proposed use is in compliance with the land use and
zoning provisions of the applicable municipal code provisions and Village and Barrio Master
Plan (if applicable), and that the structures are suitable and safe for the proposed operation of
an entertainment establishment.
B. If the chief of police denies the application, the applicant shall be notified of the reasons for the
denial in writing within 45 days after receipt of the application. However, failure to notify the
applicant within the specified time period shall not constitute a basis for granting the license. An
applicant denied an entertainment license has a right to appeal the denial pursuant to
Section 8.09.150 of this chapter. If such a hearing is not requested within the prescribed time period,
the denial shall be final.
C. If a conditional use permit, or any other permit or approval, except a certificate of occupancy,
is required for the lawful operation of an entertainment establishment, the provisions of this chapter
shall be in addition to those other permits and entitlements. An entertainment license cannot modify
the terms of a conditional use permit or any other permit or approval.
8.09.090 Entertainment license standards and conditions.
A. All Class I, Class II and Class ill entertainment establishments shall operate in accordance
with the following standards or conditions:
1. Display of License. The entertainment license shall be displayed on the premises in a
conspicuous place so that law enforcement persons entering may readily see the entertainment
license. A copy of the floor plan approved with the entertainment license shall be made
available at all times at the request of any law enforcement officer, fire marshal or deputy fire
marshal.
2. Hours of Operation. All entertainment establishments shall otherwise close and all patrons
shall vacate the premises between 2:00 a.m. and 6:00 a.m. unless the entertainment license is
conditioned for additional hours of closure.
3. Noise Restrictions. Noise shall be measured in accordance with Section 8.09.110.
Between the hours of 10:00 p.m. and 7:00 a.m. no entertainment establishment may cause,
permit or maintain noise at a sound level to the extent that the one-hour average sound level
exceeds 65.0 dBA Leq-lm at the property line of the entertainment establishment of which the
noise is produced. The noise subject to these limits is that part of the total noise at the specified
location that is due solely to the action of said responsible party.
4. Manager and Service Training. The following persons must complete a responsible
beverage service training course before the entertainment establishment may provide
entertainment:
March 12, 2019 Item #6 Page 28 of 33
i. Every manager must complete a responsible beverage service training course
within 90 days of hire, or by January 1, 2008, whichever is later.
ii. Every person who serves or sells alcoholic beverages for consumption by
patrons on the premises of an entertainment establishment shall complete a
responsible beverage service training course within 90 days of hire, or by January 1,
2008, whichever is later.
111. Every manager and every person who serves or sells alcoholic beverages for
consumption by patrons on the premises of the entertainment establishment shall
maintain a current responsible beverage service training course certificate.
iv. A list of all persons employed as managers or persons who serve or sell
alcoholic beverages for consumption by patrons on the premises of an entertainment
establishment shall be maintained on the premises of the entertaimnent
establishment. The list shall clearly identify the hire date, the date of each
responsible beverage service training course was completed and the date the current
training certificate will expire for every manager and every person who serves or
sells alcoholic beverages for consumption by patrons on the premises of the
entertainment establishment. The list shall be provided, upon request, to any police
officer for inspection.
5. Maximum Occupant Load. The maximum number of persons in the entertainment
establishment, other than employees, shall not, at any time, exceed the maximum occupant
load as established by the fire marshal or the city building official.
6. Disturbing the Peace and Disorderly Conduct. The responsible party shall make
reasonable efforts to prevent the admission of any person, whose conduct is described in
California Penal Code Section 415 (fighting, loud noise, offensive words in public places) or
PC 647 (disorderly conduct), inside the entertainment establishment, at any on site parking lot
owned or under the control by the entertainment establishment, or on any sidewalk used by the
entertainment establishment for the entertainment establishment. The responsible party shall
make reasonable efforts to either call the police for assistance or remove from the
entertainment establishment, parking lot or sidewalk persons exhibiting such conduct.
7. Maintaining Adequate Right-of-Way. The responsible party shall ensure that patrons
queuing on the public sidewalk do not obstruct the right-of-way or sidewalk from vehicular or
pedestrian access. The minimum clear access for sidewalks shall be maintained at 44 inches.
8. Orderly Dispersal. The responsible party shall use reasonable efforts to cause the orderly
dispersal of patrons from the entertainment establishment at closing time, and shall use
reasonable efforts to prevent patrons from congregating in the entertainment establishment's
parking lot after closing time or permit patrons to congregate in any roadway or traffic lane
within 50 feet of any entrance to the entertainment establishment.
9. Obey all federal, state and local laws.
B. In addition to the conditions set forth in subsection A of this section, the chief of police may
impose additional conditions in the following areas which shall be based on specific, articulated
facts setting forth the necessity for the conditions:
1. The permissible hours of operation for entertainment.
March 12, 2019 Item #6 Page 29 of 33
2. Specific licensing qualifications and numbers of security personnel to be on duty during
business hours.
8.09.100 Class II entertainment establishment conditions.
In addition to the conditions set forth in Section 8.09.090, the following conditions shall apply to all Class
II entertainment establishments:
A. Mandatory Security Guards. There shall be at least one security guard on duty at all times the
Class II entertainment establishment is allowing dancing.
B. Designation of Dance Floor.
1. The dance floor area shall be plainly marked and designated as the dancing area.
2. No dancing shall be permitted outside the designated dancing area.
C. Seating and Dance Areas. Seating areas shall not be converted to dance areas, unless the floor
plan approved as part of the application process allows such conversion.
During all hours which dancing is permitted, no portion of the dancing area shall be used for any purpose
other than dancing. (Ord. NS-859 § 3, 2007)
8.09.110 Sound or noise measurement.
A. Any sound or noise level measurement shall be measured with a sound level meter using an A-
weighted (40-phon) filter and an electrical time-constant equal to one second (i.e., "slow"
meter response) pursuant to applicable manufacturer's instructions.
B. The sound level meter shall be appropriately calibrated and adjusted both before and after a
test to ensure meter accuracy within the tolerances set forth by the American National
Standards Institute (ANSI) test designation S 1 .40-1984 for Type II instrumentation.
C. For outdoor measurements, the microphone shall be not less than four feet above the ground,
at least four feet distant from walls or other reflecting surfaces. The sound level meter shall be
either mounted to a tripod, or handheld in a manner so as not to be directly in front of the
abatement officer. The sound level meter shall be protected during any test from the effects of
wind noises by the use of appropriate manufacturer specified windscreens.
D. The location of the any sound level measurement used for the purposes of noise abatement
shall be taken at the property line of the entertainment establishment that is creating the noise
source. The sound level meter shall be oriented such that the microphone is facing the noise
source and is elevated approximately 45 degrees vertically with respect to the ground. Under
no circumstances should a measurement be performed closer than six feet from the noise
source regardless of property line orientation.
E. Measurements shall be performed for a period of 60 seconds at each property line of interest
using a time-energy average approach (i.e., equivalent sound level or Leq based on a meter
exchange rate of three dB). Each measurement shall be logged by the abatement officer on the
reporting sheet as "xx.x" dBA Leq-lm, where "xx.x" is the reading from the sound level
meter.
F. If the noise source is intermittent, then for each halving of the hour in which the source is
expected to occur, the effective noise level at the property line can be reduced by 3.0 dBA Leq.
(Ord. NS-859 § 3, 2007)
8.09.120 Immediate threat to public safety.
The chief of police, fire marshal, or designee may require the responsible party to cease all or part of the
entertainment establishment's operations or entertainment and disperse all patrons for a period of time up
March 12, 2019 Item #6 Page 30 of 33
to and including the remainder of the entertainment establishment's daily operating hours whenever
conduct by disorderly patrons reaches a magnitude that presents an immediate threat to the safety and
well-being of the patrons or general public in the vicinity of the entertainment establishment. (Ord. NS-
859 § 3, 2007)
8.09.130 Term of license.
A. The entertainment license shall be valid for a term of three years from the date of issuance and
is not transferable. Suspension of an entertainment license shall not extend the term of the
entertainment license.
B. A change in ownership of the entertainment establishment shall require the new owner to pay a
new application fee and secure a new entertainment license from the chief of police in
accordance with Section 8.09.080.
C. An entertainment license may be renewed by a new application subject to the same
requirements stated herein for obtaining the initial entertainment license, including payment of
an application fee. (Ord. NS-859 § 3, 2007)
8.09.140 Revocation/suspension for violation.
A. The Office of Community and Economic Development may issue a letter of intent to revoke
or suspend an entertainment license upon receiving satisfactory evidence that:
1. The application for an entertainment license contains material misrepresentation; or
2. Ownership of the entertainment establishment has changed without the new ownership
securing a new entertainment license from the chief of police; or
3. The entertainment establishment has, within any 12-month period, been found
criminally, civilly or administratively (pursuant to Chapter 1.10 of this code), or any
combination thereof, to have violated three or more of the same provisions of this
chapter, or four or more of any provisions of this chapter; or
4. Employees of the entertainment establishment, while on the premises are engaged in
conduct or behavior to the extent that it constitutes a nuisance, including but not
limited to adjudicated complaints with adverse finding(s) by the State Alcoholic
Beverage Control Board or the County Health Department.
B. The Office of Community and Economic Development shall provide written documentation or
other evidence to support the intent to revoke or suspend an entertainment license to the
licensee with the letter of intent to revoke or suspend an entertainment license.
C. The Office of Community and Economic Development shall provide written notice of the
intent to revoke or suspend to the holder of an entertainment license by personal service, or by
certified mail. The notice shall be directed to the most current entertainment establishment
address or other mailing address on file with the chief of police for the entertainment
establishment. The notice shall provide the effective date of the revocation or suspension. No
revocation or suspension shall be imposed on less than 30 days notice to the holder of the
entertainment license. (Ord. NS-859 § 3, 2007)
8.09.150 Appeal procedure.
A. Any applicant or entertainment establishment aggrieved by denial, suspension or revocation,
or conditions of an entertainment license may file, with the city clerk, a written notice of
appeal to the city manager ("Notice of Appeal") within 30 days of the notification of decision
by the chief of police or designee. The notice of appeal shall specify:
1. The name and address of appellant;
2. The date of application;
3. The date of denial, suspension or revocation or condition;
March 12, 2019 Item #6 Page 31 of 33
4. The factual basis for the appeal.
B. Upon receipt of a complete and timely filed notice of appeal, the city manager shall schedule a
hearing and set forth in writing and deliver to the applicant or licensee at the address provided
in the notice of appeal, by means of registered mail, certified mail or hand delivery, that within
a period of not less than five days nor more than 14 days from the date of the filing of the
notice of appeal with the city clerk, a hearing shall be conducted to determine the existence of
any substantial evidence which would refute the grounds for the denial, suspension, or
revocation or condition of a license. The hearing notification shall include the date, time and
place of the hearing.
C. A hearing officer (hearing officer) appointed by the city manager shall conduct the hearing
based upon the notice of appeal. The applicant or licensee may have the assistance of counsel
or may appear by counsel and shall have the right to present evidence. In the event that the
applicant, licensee, or counsel representing the applicant or licensee, fails to present any
evidence at the hearing, the evidence of the existence of facts, which constitute grounds for the
denial, suspension, or revocation or condition of the entertainment license shall be deemed
uncontested. Any issue not raised in the hearing is waived.
D. Relevant evidence may be admitted and considered by the hearing officer if it is the sort of
evidence upon which responsible persons are accustomed to rely in the conduct of serious
affairs. Objections to evidence shall be noted and a ruling given by the hearing officer. A copy
of the recommendation of the hearing officer specifying findings of fact and the reasons for the
recommendation shall be furnished to the city manager for consideration. The city manager
shall notify the applicant or licensee or counsel representing the applicant or licensee of the
decision regarding the appeal in writing as specified above within 10 days of the hearing
officer's recommendation and shall also inform the party against whom a decision is rendered
of the right to appeal to the city council pursuant to this chapter. Any decision rendered by the
city manager which is not appealed within the specified time period for filing a notice to
appeal to city council is final.
E. Any applicant, licensee or party aggrieved by a decision of the city manager may appeal to the
city council within 10 days of the date on which the decision of the city manager was sent, via
certified mail to the applicant, licensee or party aggrieved. Upon the filing of a written notice
of appeal of city manager's decision to city council ("Appeal to City Council") upon the city
clerk, the city clerk shall schedule the appeal to city council for review by the city council as
soon as practicable and advise the police chief who shall transmit to the clerk the complete
record of the case.
F. The city clerk shall provide notice of the appeal to city council, along with the date, time and
location of the appeal to city council hearing to all parties to the appeal. The review by the city
council is de novo; and the city council shall determine that all issues not raised in the appeal
to city council are supported by substantial evidence. The city council shall consider the
recommendations of the police chief and the hearing officer, the decision of the city manager
and all other relevant documentary and oral evidence as presented to the hearing officer. The
·city council may affirm, modify, or reverse the action of the city manager, and make such
order, as it deems appropriate and supported by substantial evidence including remand to the
city manager with directions for further proceedings. Any action by the city council shall be
final and conclusive; provided, however, that any action reversing the decision of the city
manager shall be by the affirmative vote of at least three members of the city council. (Ord.
NS-859 § 3, 2007)
8.09.160 Severability.
If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any
reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
March 12, 2019 Item #6 Page 32 of 33
decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter.
The city council declares that it would have passed the ordinance codified in this chapter and each
section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more of
the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional.
(Ord. NS-859 § 3, 2007)
8.09.170 Violation-Penalty.
A. Any person who violates any of the provisions of this chapter is guilty of an infraction, except
for the fourth and each additional violation of a provision of this chapter within one year, shall
be a misdemeanor. Penalties for a violation of this chapter shall be as designated in
Section 1.08.0l 0(B) of this code.
B. In addition to any other remedy authorized by this chapter, a violation of this chapter may be
grounds for a revocation, suspension or denial of an entertaimnent license. (Ord. NS-859 § 3,
2007)
March 12, 2019 Item #6 Page 33 of 33
Morgen Fry
All Receive -Ageri.~a Item ff W
For the lnforn,~iQ.11 0.f:tbe:
CITY CQY,N.~11,. ✓
Subject:
Date:SF CM "/ COO V
FW: In re Ordinance amending CMC, Chapter 8.09. Entertainment Lice·nse -. -
"M"'' c,. .
From : simon angel
Sent: Monday, March 11, 2019 11:07 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>; Manager Internet Email <Manager@CarlsbadCA.gov>; Claudia
Huerta <Claudia.H uerta@carlsbadca.gov>; Christie.Marcella@carlsbadca.gov Claudia.Huerta@carlsbadca.gov; Diana
Diana ; michael ajdour Michele Montenez
; T. j. Childs ; Mary Anne Viney
; Amanda Mascia Patricia Amador
lisa mckethan
Subject: In re Ordinance amending CMC, Chapter 8.09. Entertainment License
The Barrio Carlsbad Community Advocates are opposed to this proposed ordinance. This ordinance was
prepared by and for strictly business interests(paragraph 4,page 3 of 33). as a result of an outreach meeting
with "10 business owners and representatives from eight business establishments". There was no such
meeting of Barrio residents for public outreach or participation.
Over the years Barrio residents have been dealing with the impacts of persons walking through the Barrio
Districts after a night in the Village night spots. Inebriated persons getting sick in front yards, relieving
themselves, loud and inappropriate conduct and music from the downtown Village night spots serving alcohol.
It is important to point out that Barrio Carlsbad is a culturally sensitive area and we disagree with the Police
Department opinion that this ordinance would have no adverse effect on public safety(paragraph 2,page 2 of
33) or quality of life.
We believe that there has been no public outreach that we are aware of, for residents of Barrio Carlsbad to
provide input or propose changes to this ordinance.
This ordinance is an effort to provide uniformity and consistency throughout the city without regard to its
impact on the Barrio community.
The Environmental Evaluation indicates that there is no potential to cause either a direct physical change in
the environment etc ... We disagree. Residents of Barrio Carlsbad are also a part of the environment,
historically and culturally. Any actions on the part of the city that may adversely impact our
community should be subject, at the very least, to an opportunity to address such action at a meeting to
accept public input on the matter at hand.
The problem in the preparation of this ordinance is that the public outreach conducted did not include
residents of the Barrio. It was limited to "individual business meetings and group stakeholder meeting".
For these reasons, we ask and will request at the City Council meeting of March 12, 2019, that consideration
of this ordinance be tabled pending action by the city to hold public outreach meetings to allow Barrio
Carlsbad residents to provide input and propose amendments to this ordinance.
S IA'J101lllA ~ 13CCA
1
Claudia Huerta, Village Manager
Greg Koran, Police Lieutenant
March 12, 2019
Entertainment License Amendments
Recommended Action
•Approve amendments to the citywide
Entertainment License Ordinance
•Introduce amendments to Chapter 8.09 of the
City Municipal Code to update eligibility
criteria and administrative process guidelines
Agenda
•Citywide Entertainment License Ordinance
•Need for Amendments
•Proposed Amendments
Entertainment License Ordinance
•The City’s entertainment ordinance provides guidelines for all business establishments with an ABC license seeking to provide live entertainment.
–Businesses shall apply for an entertainment license
before they start providing entertainment.
–If a business with an active entertainment license
changes ownership, the new owners must reapply
for a new entertainment license.
Entertainment License Ordinance
Entertainment is considered to be any single event, a series of events, or an ongoing
activity, to which the public is invited or allowed to watch, listen, or participate in
activities including:
–Dancing to live or recorded music
–Music played by a DJ
–Live music by single or multiple performers
–Music presented by videos, music concerts or other similar forms of musical
entertainment from any source
–Other entertainment performers, such as hypnotists, pantomimes,
comedians, song or dance acts, plays, concerts, any type of contest; sporting
events, exhibitions, carnival or circus acts, demonstrations of talent or items
for gift or sale; shows, reviews, etc.
Entertainment License Ordinance
•License Cost -$229
•License Duration -3 years
•Entertainment license applications are reviewed by building, fire, planning and police
•Types of Licenses
–Class I -a business with an ABC license offering entertainment to patrons that does not include dancing by patrons of the entertainment establishment.
–Class II -a business with an ABC license offering entertainment to patrons that includes dancing by patrons of the entertainment establishment.
Need for Amendments
•Since the latest update to Chapter 8.09
Entertainment License in 2007 various businesses
owners have expressed the need for additional
criteria and improved clarity in the application
submission process.
•Recent trends in active commercial spaces have
increased market demands for businesses to
provide more experiential options for customers.
•Live entertainment is a great way to create a
special ambiance that entices customers to visit
businesses more regularly.
Proposed Amendments
1.Expand the business type eligibility criteria by adding the following definitions to
Section 8.09.020:
–“Class III entertainment establishment” means a business that is a public
premises establishment with an ABC license offering entertainment to
patrons that does not include dancing by patrons of the establishment.
–“Public Premises Establishment” has the same meaning as that used in
California Business and Professions Code Section 23039 which is essentially a
business establishment licensed to sell and serve alcoholic beverages to the
public for consumption on the premises, and which is not a bona fide eating
establishment but where food products may be sold or served incidentally to
the sale of alcoholic beverages.
Proposed Amendments
2.Change the administrative routing process
from the police department to the
Community and Economic Development
Department to enhance the level of service to
applicants by updating Sections 8.09.060,
8.09.080, 8.09.09.
Recommended Action
•Approve amendments to the citywide
Entertainment License Ordinance
•Introduce amendments to Chapter 8.09 to the
City Municipal Code to update eligibility
criteria and administrative process guidelines