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Ordinance No. 224ORDINANCE NO 224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUIRING PERMITS FOR LIVE ENTERTAINMENT, PRESCRIBING THE PROCEDURE FOR THE ISSUANCE OF PERMITS AND IMPOSING PENALTIES FOR VIOLATIONS THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS. SECTION 1 DEFINITIONS (a) Person includes any individual, firm, copartnership, joint venture association corporation estate or trust. (b) Live entertainment shall mean any act or performance by professionals amateurs, employees, or patrons under the auspices of or with the consent of an owner, lessor, lessee or manager of a public place, which is intended to amuse, divert or engage the attention of guests or patrons, including, but not limited to dancing singing playing a musical instrument, dialogue, pantomime and modeling (c) Applicant includes any person applying for a permit hereunder. (d) Public place includes any private club which is operated for profit or which is operated in conjunction with a business operated for profit. SECTION 2 PERMITS REQUIRED No person shall operate conduct or manage any public place where food or beverages are sold, offered for sale or given away, and where any form of live entertainment is permitted, without a written permit from the City Council SECTION 3. EXEMPTIONS The provisions of Section 2 shall not be deemed to require a permit for the following: (a) For the use of a radio or music recording machine or juke box in any establishment (b) For live entertainment conducted in connection with a regularly established recreation park circus or fairground. (c) For live entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent charitable dramatic or literary purposes having an established membership and which holds meetings other than such entertainment at regular intervals, when proceeds, if any, arising from such live entertainment are used for the purposes of such club society or association (d) For live entertainment conducted in connection with any public place where a valid permit is in full force and effect under Ordinance No. 82. SECTION 4 APPLICATION FOR PERMITS Applicants for live entertainment permits shall file a written signed and acknowledged application with the City Clerk showing. (a) The name and permanent address of applicant Ordinance No 224 (b) A detailed description of the live entertainment including type of entertainment number of persons engaged in the entertainment, purpose of the entertainment, and any further information about the entertainment as the Council may deem necessary. (c) The date, hours and location where said live entertainment is proposed, and the admission fee if any, to be charged. (d) The name or names of the person or persons having the management or supervision of the public place. (e) The length of residence of applicant within the City (f) A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment (g) Whether or not the person or persons having the management or supervision of the public place has or have been convicted of a crime, the nature of such offense, and the sentence received therefor. (h) Such other reasonable information as to the identity or character of the person or persons having the management or supervision of the public place as the Council may deem necessary. SECTION 5 APPLICATION FEE A fee of $50.00 shall be paid upon the filing of each application for a permit for the purpose of defraying the expenses incidental to the processing of said application and the publication of the notice. SECTION 6 INVESTIGATION OF APPLICATION After the making and filing of said application the City Clerk shall refer the matter to the Chief of Police for an investigation and report thereon SECTION 7. PUBLIC HEARINGS The City Council shall require a public hearing prior to taking action on an application for a permit pursuant to this ordinance. The City Clerk shall cause to be published a notice of public hearing two timesat intervals of not less than five days, within the 15 -day period following the filing of an application, in a newspaper of general circulation in the City Furthermore, the City Council shall give notice by mail to all property owners within three hundred fee of the public place The City Council shall cause a suitable public notice to be posted at the location of the public place Such public notice shall conform to the rules and regulations adopted by the City Council and shall be designed to inform the public as to the nature of the live entertainment to be engaged in. its location the names of the applicant or applicants the time of the public hearing and the right of persons objecting to be heard Any interested person may file written protests or objections, or appear at the hearing The City Council shall give consideration to all such protests in reaching a decision on such application. Ovdina ce N,. 224 SECTION 8 CITY COUNCIL ACTION After an investigation, the City Council may either: (a) Issue or Renew Permit Issue or renew a permit if the City Council, finds that the operation of the trade, occupation, or business by the applicant and the live entertainment will comport with the peace health safety convenience good morals, and general welfare of the public, or (b) Deny Permit. Deny the permit or refuse to renew the permit if the Board finds that the said operation or live entertainment will not comport with the peace health safety convenience good morals, and general welfare of the public or that the applicant is unfit to be trusted with the privileges granted by such permit or has a bad moral character, intemperate habits or a bad reputation for truth, honest, or integrity The permit if granted shall be for the specific occasion requested or if the request is for a continuous permit, said permit shall be issued for not longer than one year SECTION 9 COUNCIL MAY MAKE RULES --REVOCATION OF PERMIT -- OPERATION AFTER PERMIT REVOKED PROHIBITED The City Council may make rules covering all live entertainment conducted in the City, and may at any time revoke and suspend permits issued for any live entertainment where the applicant or any persons in charge thereof violates or permits any infraction of any law of the State, or of any ordinance of the City, or where the permittee obtained his permit by misrepresentation, and in all cases where the City Council becomes satisfied that the conduct of the live entertainment does not or will not comport with the public welfare for any reason or is operated in a manner contrary to good morals or in a manner as shall distrub the public peace, or in an illegal, improper or disorderly manner, provided, however that permits for such live entertainment shall be revoked or suspended under the terms of this ordinance unless a hearing and notice of time and place of such hearing be first given the permittee, provided further, however, that any permit may be temporarily suspended without notice or hearing by the City Council. The notice shall be deemed to be given if a registered letter is deposited in the regular mail by the City Clerk at least ten days before the hearing, addressed to the permittee at the address given in the application. At the hearing the permittee shall be permitted to testify and have witnesses in his behalf. At the conclusion of the hearing the City Council shall give its decision which shall be final No person shall conduct or permit live entertainment after his permit so to do has been revoked SECTION 10. ENFORCEMENT OF PROVISIONS It shall be the duty of the members of the Police Department under the direction of the Chief of Police, to enforce, the provisions of this ordinance and to investigate any complaints made concerning the operation of any public place which has live entertainment pursuant to a permit, and in addition to their several duties to inspect all such public places at such times as they deem necessary SECTION 11 PENALTIES A person who violates any provision of this Ordinance or of any permit hereunder is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500 00), or by imprisonment in the County Jail for a period of not more than six (6) months or by both such fine and imprisonment Each day during any portion of which any violation of any provision of this Ordinance is committed continued or permitted is a separate offense n., as...,...... ,,,,, ooi. SECTION 12 VIOLATION OF PROVISIONS - LICENSE VOID Any person convicted of violation of any of the provisions of this ordinance or of any permit hereunder in addition to any other penalty imposed the license which may have been granted pursuant to Ordinance No 82 to such person to conduct, maintain or carry on any business shall be rendered immediately void and the City Council shall deem the license to be revoked and no new license shall be issued to such person to conduct a similar business for at least one year thereafter SECTION 13. SAVINGS CLAUSE If any section, paragraph or provision of this Ordinance be declared invalid for any reason the City Council hereby declares that it would have passed all other portions of this Ordinance independent of any portion that may be declared invalid ADOPTED AND APPROVED this 9th day of November 1964 by the following called vote. AYES• 5 COUNCILMEN. Gorzeman Kanel McCarney Wright and Noe NOES 0 COUNCILMEN None ABSENT. 0 COUNCILMEN. None' ATTEST STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF CYPRESS ) 4-4 MAYOR I, DARRELL ESSEX, City Clerk of the City of Cypress, do hereby certify that the foregoing Ordinance No. 224 had its first reading by the City Council at a regular meeting held on the 26th day of October, 1964, and had its second reading and was duly adopted by the City Council of the City of Cypress on the 9th day of November, 1964 CITY CLERK n, -0non Mn •))/,