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HomeMy Public PortalAboutOrd. 0831f ~~ ~ v ORDINANCE NG. 831 AN ORDINANCE OF THE CITY OF LYNWOOD, CALIFORNIA ADDING A NEW CHAPTER TO THE LYNWOOD CITY CODE GOVERNING AND CONTROLLING PROFESSIONAL ENTERTAINMENT AND THE PREMISES WHEREIN AND WHEREON SAID PROFESSIONAL ENTERTAINMENT IS CONDUCTED, AND THE LICENSING THEREOF. The City Council of the City of Lynwood does ordain as follows: <;~:, ~` "-~.~~ ~I.C.b~-eP' r" Section 1. There is hereby added to the Lynwood City Code a new Chapter which shall be numbered XA and which shall be entitled: "Entertainment, Professional." Section 2< Article 1 to Chapter XA of the Lynwood City Code is hereby enacted entitled: "In General - Definitions." Section 3. There are hereby enacted the following sections to the Lynwood City Code under Article 1 of Chapter XA as follows: "Section 10.50. Definitions< "(a) City Council means the City Council of the City of Lynwood. "(b) Entertainment. 'Entertainment' as used in this chapter is defined to mean any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted or participated in by any professional entertainer in or upon any premises to which the public is admitted. 'Entertainment' also includes a fashion or style show, except when conducted by a bona fide non-profit club or organization as a part of the social activities of such club or organization, and when conducted solely as a fund raising activity for charitable purposes. The term 'professional entertainer' as used herein means a person or persons who engage for livelihood or gain in the presentation of entertainment. "'Entertainment' as used herein does not include: "(1) Mechanical music alone; or "(2) Instrumental music alone, except between the hours of 2:00 a.m. and 6:00 a.m. when the provisions of Section 26.25 -1- shall apply; or "(3) Dancing participated in only by customers: however, this subsection does not exempt exhibition dancing by a person receiving compensation for such exhibition dancing. "Section 10.51., 'Topless' included in Entertainment. "'Entertainment' also includes the act of any female, while visible to any customer, exposing any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breasts are below such straight line, or the wearing of any type of clothing so that such may be observed. "Section 10.52. 'Informal Entertainment.' "Informal entertainment as used in this chapter is defined to mean any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry reciT,aticn, conducted, or participated in by any non-professional person or persons in or upon any premises to which the public is admitted." Section 4. Article 2 to Chapter XA of the Lynwood City Code is hereby enacted entitled: "Licenses Required," Section 5• There are hereby enacted the following sections to the Lynwood City Code under Article 2 of Chapter XA as follows: "Section 10.53• Entertainment Licenseso "(a) No person shall conduct, permit, or assist in conducting or permitting any entertainment as defined in Section 10.50 to be shown, staged, exhibited or produced in any premises to which the public is admitted unless and until a written Class I Entertainment License has been obtained from the License Collector. "(b) No person shall conduct, permit, or assist in conducting or permitting any entertainment as defined in Section 10.51 to be shown, staged, exhibited, or produced in or upon any premises to which the public is admitted unless and until a written Class II Entertainment License has been obtained frorn the License Collector. -2- "(c) No person shall conduct, permit or assist in conducting or permitting any entertainment as defined in Section 10.52 to be shown, staged, exhibited., or produced in or upon any premises to which the public is admitted unless and until a written Class I or Class TII Entertainment License has been obtained from the License Collector. "A theatre which is licensed pursuant to Chapter 20 of the Lynwood City Code which exhibits only act, play, scene or recitation, other connection with some promotional act, drawing that has for its sole purpose to view the motion picture, shall riot entertainment license as required by motion pictures and the only than on the screen, is in stunt, gimmick, game or public the attraction of customers be required to obtain an phis section. "Section 10.54. Class I Entertainment License Fee. The annual fee for a Class I Entertainment License shall be: "(a) Where the applicant does not have a valid dance license for the same location covering the sarne period of time, One Hundred Seventy-Five Dollars ($175D00) for the first year, and One Hundred Forty Dollars ($140.00) for each annual renewal. "(b) Where the applicant has a valid dance license for the same location covering the same period of time, Forty Dollars ($40.00) for each annual Class I Entertainment License. "Section 10.55. Class II Entertainment License Fee< The annual fee for a Class II Entertainment License shall be: "(a) The fees set forth in Section 10.54; and "(b) An additional fee in the amount of One Hundred Dollars ($100.00) per annum. "Where the fees for a Class II Entertainment License have been paid by an applicant, no additional fee is required of the same applicant for a Class I or Class III Entertainment License for the same location covered by the Class II Entertainment Lir_ense. "Section 10.56. Class III Entertainment License. The annual fee for a Class III Entertainment License shall be: -3- "(a) Where the applicant does not have a valid dance license for the same location covering the same period of time, Sixty Dollars ($60.00) for the first year, and Fifty Dollars ($50.00) for each annual renewal. "(b) Where the applicant has a valid dance license for the same location covering the same period of time, Twenty-Five Dollars ($25.00) for eacY~ annual Class III Entertainment License. "Section 10.57. Exemption From Fee for a license for: No fee is required "(a) An entertainment at which no alcoholic beverage is sold or consumed where such entertainment is conducted by a bona fide charitable, religious, benevolent, patriotic, or educational organization, or by the United Service Organization. Any determination as to the exempt status of any applicant shall be made by the Council. "Section 10.58. Procedures. The application procedure provided for in this chapter shall be followed with regard to licenses sought pursuant to the chapter, and the provisions of Article II of Chapter 20 shall not apply. "Section 10.59. Filing. "Every person desiring a license pursuant to this chapter shall file an application with the License Collector up or. a form provided by said License Collector, and shall pay the required fee to the License Collector. "Section 10.60. Application Form. Except as otherwise provided herein, an application for a license pursuant to the provisions of this chapter shall specify: "(a) The address of the location for which the license is required together with the business name of such location. "(b) The name and proposed business address of the applicant. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation; and the applicant shall also set forth the date and place of incorporation; the names and residence addresses of each of the officers, directors, -~- and each stock holder owning more than ten (10) percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partnerse If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply. "(c) Whether or not the applicant or any officer or director or member of applicant, as the case may be; has ever been convicted of any crime except misdemeanor "traffic violations. In addition to the foregoing, any corporate applicant whose securities have been conditioned by the Commissioner of Corporations pursuant to Section 25508 of the Corpora'ce Securities Law, will state whether or not any stockholder owning more than ten (10) percent of the stock. of such corporation has ever been convicted of any crime except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the name of the person so convicted, the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as the result of said conviction. "(d) The names and addresses of the persons who have authority or control over the place for which the license is requested, and a brief statement of the nature and extent of such authority or control, "(e) The name and address of each of the owners of the premises upon which the licensed activity is to be conducted, if the applicant is leasing such premises from the owner. "(f) Such information pertinent to the operation of the proposed activity, including information as to management, authority, control, financial agreements, and lease arrangements, as the License Collector may require of an applicant in addition to the other requirements of this section. The foregoing examples are in explanation and not in limitation of the information which -5- the License Collector may require. "(g) Whether the application is for a Class I Entertainment License, a Class II Entertainment License, or a Class III Entertainment License, as those licenses are defined in Section 10.53• "(h) The address to which notice, when required, is to be sent or mailed, and the name and address of a person authorized to accept service of process, if not otherwise set forth hereino "(i) Whether the application is for a new license or for the renewal of an existing license. "Section 10,61 Verification of Application. "Every application for a license under this chapter shall be verified as provided in the California Code of Civil Procedure for the verification of pleadings. "Section 10.62. Referral Notices. "The License Collector shall transmit a copy of a memorandum containing a summary of the pertinent. information contained in the executed application described in Section 10.60 to the City Manager and the Chief of Police. "Section 10.63. Reportsa "Either the City Manager or the Chief of Police may require such additional information pertinent to the activity of an applicant as he deems necessary and shall advise in writing, the License Collector of all material facts which he considers necessary or advisable for assisting the City Council in determining whether a license should be granted or denied, or otherwise conditioned or modified. Either the City Manager or the Chief of Police, or both, may also give a recommendation in writing to the City Council for issuance, modification or denial of any license, issued under this Chapter and the City Council must read and consider any such recommendation in reaching a decision, although such recommendation will in no way be binding upon the City Council. "Section 10.64. Notice of Hearing. "When application is filed for a new license under this -6- chapter, the License Collector shall fix a time and place for a public hearing thereon, Not less than ten (10) days before the date of such hearing, the License Collector shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed entertainment is to be conducted. Such notice shall set forth the specific type of entertainment which the applicant intends to conduct, as well as the type of entertainment license for which the applicant is applying. Such posting of notice will be carried out by the Chief of Police upon written request of the License Collector. "Section 10.65. Public Hearings. "Except as otherwise provided in this chapter, the City Council shall hold a public hearing on all original applications for licenses. In addition, the City Council shall hold a public hearing in all cases where an accusation has been filed in accordance with the provisions of Section 11,503 of the Government Code of California. "Se:a ion 10.66. Action After Hearing. "If from the evidence introduced at any hearing, the City Council finds grounds for denial, it shall deny the application being considered. Unless the decision of the City Council is announced at the close of the hearing, the City Council shall notify the applicant by causing the City Clerk to mail a copy of the decision to the applicant by registered or certified mail, addressed to the address shown in his application. In all cases the City Council must reach a decision within 14 days following the close of such hearing. If no grounds for denial of a license are found by the City Council, the City Council shall grant the applicant a license, and the City Council shall notify the License Collector and instruct him to issue the license. "Section 10.67. Noise Abatement. The noise abatement procedures are as set Porth in Section 26.25." Section 6. Article 3 to Chapter XA of the Lynwood City Code is hereby enacted entitled: -7- "General Regulations. "Section 10.68: Posting License. Licenses shall be posted in a conspicuous place on the premises for which such license is issued and shall remain posted at all times. "Section 10.69. Hours. No entertainment other than mechanical music of any sort may be conducted in an establishment licensed pursuant to this chapter between the hours of 2:00 a.m. and 6:00 a.m., except by a special permit for one (1) day only issued by the License Collector at the request of the City Manager. "Section 10.70. Private Club, No establishment licensed pursuant to this chapter may allow the premises to be used for the purpose of conducting a private club between the hours of 2:00 a.m. and 6:.0-0 a.m. "Section 10.71. Minors. No person under twenty-one (21) years of age shall enter, be, or remain in or on any premises on or in which any 'topless' entertainment, as defined in Section 10.51 is presented. A licensee shall not permit such a person to enter, be, or remain in or on any such premises. "Section 10.72. Persons Intoxicated or Under the Influence of Drugs. It shall be or under the influence establishment licensed conducts or assists in permit any intoxicated of any drug to appear, unlawful for any person who is intoxicated of any drug to appear in or be in any pursuant to this chapter. A person who conducting any such establishment shall not person or persons who is under the influence be, or remain at such place. "Section 10.73• Exits. No entertainment shall be permitted in any establishment where a license is required which does not provide unlocked doors with free and easy egress while patrons are in the establishment. "Section 10.74. Visibility from the Street. There shall be no entertainment of any kind where an entertainment license is required which is visible at any time from the street, sidewalk or highway. -8- "Section 10.75. Solicitation of Drinks. No entertainment may be conducted in establishments where a license is required where employees solicit or accept drinks of alcoholic beverages from customers. "Section 10.76. Gambling. No entertainment may be conducted in any establishment where a license is required in which gambling in any form is permitted or tolerated, or in which there is kept any machine or machines or other device designed or commonly used for the purpose of gambling in any form. "Section 10.77. Solicitation of 'Prade. No entertainment may be conducted in any establishment where a license is required at which solicitation of trade is made at or near the entrance, either by personal solicitation or otherwise, by means of any device whereby the voice of the person soliciting can be heard at or near such entrance. "Section 10.78. Indecent Performance. No entertainment may be conducted where an entertainment license is required in which any person participating directly or indirectly sings or speaks any obscene or indecent words, or performs any lewd or indecent acts. "Section 10.79. Lighting. Every establishment licensed pursuant to this chapter shall be lighted throughout to an intensity of not less than three (3) foot-candles during all hours of.operation except while the floor show is in progress. "Section 10.80. Parking Lot. Every person operating an establishment licensed pursuant to this chapter, who owns, operates, or controls any parking lot adjacent to such establishment and used in connection therewith, shall adequately and uniformly light such parking lot to an intensity of not less than two (2) foot-candles. "Section 10.81. Number of Employees. At every establishment licensed pursuant to this chapter, having a capacity of not less than two hundred (200) persons, not less than one (1) employee for the first two hundred (200) persons, and one (11 additional employee -9- for each additional one hundred (100) persons who could be accommodated., whether actually present or not, shall be constantly in attendance during the entire time that any entertainment is in progress, and shall devote their entire time and attention to the keeping of order, the checking of the admission of minors, and seeing to it that all provisions of this chapter are complied with, The City Council may require such additional employees or guards on an individual basis as the City Council deems in the public interest. "Section 10.82. Woman to be employed. At every establishment licensed pursuant to this chapter having a capacity of not less than three hundred (300) persons, not less than one (1) of the employees referred to in Section 10.81 shall be a woman. "Section 10.83. Miscellaneous Rules. No professional entertainer or employee may dance, unnecessarily converse, or associate with any customer during any entertainment period, and not at all. except in the formal manner, provided, however, that a regularly scheduled audience participation type of entertainment may be presented during the time .stated and in the manner described in an advertisement posted at the premises and appearing in a regularly printed program. Provided, further, that a copy of said advertisement shall be received by the Chief of Police twenty-four (24) hours prior to the conducting of said audience participation entertainment. This section shall not apply to establishments having a Class III Entertainment License. "Section 10.84. Chief of Police - Inspection. The Chief of Police, in addition to his several other duties, shall inspect any and all establishments licensed pursuant to this chapter." Section 7. Article 4 to Chapter XA of the Lynwood City Code is hereby enacted entitled: "Special Regulations. "Section 10.85. Applicability. The provisions of this article shall apply only to those establishments required to have a -10- Class II Entertainment License. "Section 10.86. Additional Grounds for Suspension or Revocation. In addition to the grounds for the suspension or revocation of a license set forth elsewhere in this chapter, the provisions of Section 24,200 of the Business and Professions Code of California are hereby made applicable to licenses under this article. "Section 10.87. Regulation of Signs. No sign or signs which in whole or in part advertise any 'topless' entertainment, and exceed in area seven hundred twenty (720) square inches shall be maintained, erected, used, or placed upon, on, or adjacent to the outside of any building and in connection with any premises therein licensed pursuant to this chapter, "Section 10.88. Signs Continued. No sign or signs which in whole or in part depict the human form or any portion or portions thereof, whether clothed or unclothed, shall be maintained, erected, used, or placed upon or adjacent t,o the outside of any building or in connection with any premises therein licensed pursuant to this chapter. "Section 10.89. Signs Continued. No sign or signs which in whole or in part advertise any 'topless' entertainment, using the word 'girls' or words of like or similar import, except the words 'topless entertainment' shall be maintained, erected, used, or placed upon or adjacent to the outside of any building or in connection with any premises therein licensed pursuant to this chapter. "Section 10.90. Entrance Sign. Every establishment licensed pursuant to this chapter shall place at or near the entrance to the licensed establishment a sign of not more than two hundred twenty-five (225) square inches and not less than one hundred forty- four (144) square inches upon which is written "WARNING. This establishment offers 'topless' entertainment. If ,you would be offended, do not enter." Such sign shall be illuminated to an intensity of not less than ten (10) foot-candles, and shall be clearly -11- visible to any person entering the licensed establishment before such person enters the area where entertainment is conducted "Section 10.91 Attire No person shall enter, be, or remain in any establishment licensed pursuant to this chapter or required to be licensed pursuant to this chapter, except when attired in such a manner that the pubic area, private parts and the crease of the buttocks are completely covered and are not visible to the human eye. "Section 10.92. Male Manager. All establishments licensed or required to be licensed under this chapter shall have a male manager on the premises at all times when entertainment is being conductedo Such manager shall be registered with and approved by the City Manager "Section 10.93. Registration of Female Entertainers. No female shall conduct or participate in any entertainment as defined in Section 10.51 unless and until such female has registered in person with the City Manager and completed the registration form provided by said City Manager. Any person registering under this section shall specify: "(a) Her name and residence address; "(b) Her Social Security number and Driver's License number, if any; "(c) Whether such person has ever been convicted of any crime except misdemeanor traffic violations, If any person mentioned in this subsection has been so convicted, a statement must be made giving the name of the person so convicted, the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as a result of such convictiono "Section 10.9U• Additional Data. Any person registering under Section 10.93 shall, in addition to the information required thereby; provide the City Manager with a recent photograph, which photograph may be taken by the City Manager and a complete set of -12- such persons fingerprints. The fingerprints required under this section will be taken by the City Manager.. "Section 10.95• Registration Required Before Employment. No person shall employ any female to participate in or conduct any entertainment as defined in Section 10.51 unless and until such female has registered with the City Manager as provided in Section 10.93 and 10.94 and until written notification has been received from the City Manager that such female has been duly registered. The City Manager's notices of registration shall be maintained by the employer at the place of business, and shall be available for inspection at all times. "Section 10.96. Notice of Registration Prohibited. The City Manager shall not send any notification of registration, as required by Section 10,85, where the subject of such registration has been convicted of any crime requiring registration under Section 290 of the Penal Code, or of any violation of Sections 311, 647(a), 647(d), 37.5, 316 or 318 of the Penal Cede. "Section 10.97. Motion Pictures Prohibited. No person or persons licensed pursuant to this chapter or required to be licensed under this chapter shall show, project or permit to be shown or projected in any establishment licensed pursuant to this chapter or required to be so licensed, any motion picture, still picture, or slide, the main subject of which is the depiction of the human body, or any portion thereof, whether clothed or unclothed, unless and until the license of such establishment is specifically endorsed by the City Council to permit such showing. This section shall not apply to theatres licensed pursuant to Chapter XX. "Section 10.98. In any case where a licensee is required to have both a Class II Entertainment License and a Class I or Class III Entertainment License, the City Council may, following a hearing, waive the requirements of Section 10.90. Any such waiver must be endorsed upon the license affected thereby. "Section 10.99 this ordinance. Licenses valid on the effective date of -13- "Section 10.99.1. Licenses valid on the effective date of this ordinance shall continue in effect until the expiration, suspension or revocation of such licenses, at which time an application for a new license pursuant to this ordinance, shall be filed" Section 8 The City Clerk is hereby ordered and directed to certify to the passage of this ordinance and to cause the same to be published once in the Lynwood Press, a newspaper of general circulation printed and circulated in the City of Lynwood. First read at a regular meeting of the City Council of said city held on the 2nd day of May 1967, and finally adopted and ordered published at a regular meeting of said Council held on the 16th day of May 1967, by the following vote: Ayes: CouncilmenByork, Siokos, Smith, Stevens. Noes: Councilmen None. Absent: Councilmen Green y/of Lynwoo ATTEST: -__ ~j l./ ,:City ~ lerk, City of L nwood S ~ STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said city, do hereby certify that the above is a true and correct copy of Ordinance No. 831 adopted by the City Council of the City of Lynwood, and that same was passed on the date and by the vote therein stated. Dated this 17th day of May , 1967 /I ~~-ef~~oP.l~~ ~ P ..~> r ~f/ -CITY-°CLERK, CITY OF Lr$NWOOD