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HomeMy WebLinkAboutORD 347 (1967) ORDINANCE NO. 347 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO ENTERTAINMENT ESTABLISHMENTS The City of Tustin, California, does ordain as follows: The Tustin City Code is hereby amended by addition to Chapter 8 of Sections'8-19 through 8-27, to read as follows: Sec. 8-19 Entertair~ent Defin'ed- The term "entertainment" as used in this chapter shall mean any portion of an entertainment presentation, act, play, burlesque show, revue, pantomime, fashion or style show, scene, song, song and dance act, or instr~nental music participated in .by one or more employees, guests, customers or any other person or persons. The presence of any waitress, hostess or other female employee mn any place described in Section 8-20, or the allowing of any other female present on the premises, to appear in such public place, unclothed or in such attire or costume as to expose to public view any pbrtion of either breast at or below the areola thereof, or any part of t~e pubic region or anal' region or crease of the buttocks of any person, is includedin the term "entertainment"- Sec. 8-20 Permit' Required- No person shall provide or permit or assist in providing _ entertainment in a' restaurant, cafe, night club, bar, coffee house, or other place which is open to the public, unless such person shall have first obtained a permit so to do as hereinafter required. Sec. 8-21 ~pplicati'on for Permit. Applications for entertafnment permits shall be filed with the License and Permit' Board on forms supplied by the City, together with a fee of Twenty-five Dollars, ($25) to cover. the costs of processing and investigation- The application shall be signed and verified by the applicant and shall contain such information as may be deemed necessary by the Board. The License and Permit Board may require that the applicant be fingerprinted- Sec. 8-22 Issuance 'of' Permit; InVeStigation- Upon receiving an application for an entertainment permit, the License and Permit Board shall cause an investigation to be made of the applicant and. his employees, the place where the entertainment is to be presented, and the type of entertainment proposed. If the License and Permit Board determines that the applican~ and those persons associated with him in the conduct of the business are of good moral character,. that the entertainment proposed ms not unlawful, that the place where .the. entertainment is to be presented is suitable for the type o,f entertainment 'proposed,, and that the 'granting of such permit will not be detrimental to the public safety, morals, comfort and welfare, nor detrimental to adjacent properties or uses, it shall issue a non-transferable .permit for such entertainment. If the License and Permit Board determines that the application does. not satisfy the requirements, it shall 8 deny the application. If the application is denied, the applicant shall be so advised by registered letter .. 4 directed to the address shown on the application or 5 personal service. Service shall be deemed complete upon deposit of the letter in the United States Post Office. Sec. 8-23 Kddi~ti'onal Regulati'ons. The following' regulations shall apply to any establish- 8 ment for which an entertainment permit has been issued, 9 and it shall be the .duty of the permittee both to enforce said regulations and to inform his employees thereof: a) Female performers, employees, 'or models shall be so clothed that .the breasts shall be completely covered by nontransparent material from the top of the areola to the lowest portion of the breast, and the pubic region 'and crease of the buttocks 'of any person will be completel covered by non-transparent material. b) Stage or entertainment areas shall not be open to view 'from outside the premises. c) Actions of performers shall not be lewd, indecent, or simulate a sex act. Sec. 8-24 Modification of.P'ermit. ~8 Whenever a permittee intends to present a different type of entertainment than that authorizedby an existing ~9 entertainment permit, he shall so advise the LicenSe and Permit Bo'ard in writing and shall~furnish such additional information as may be requested. The License 20 and Permit Bo'ard may in its discretion authorize the permittee to present the' requested type of entertainment 21 without requiring that application for a new permit be ~Z made. 28 Sec. 8-25 Revocati'on 'of Per'mit The License and Permit Board may revoke a permit issued under the provisions of this chapter. for any of the following. reasons:- a) The permittee has ceased to meet.the requirements for issuance of a permit. b) The establishment has been operated in an illegal or disorderly manner or in violation of any of the regula- tions set forth in Section 8~23. c) Music or noise' from the establishment for which the 80 permit was issued interferes with the peace and quiet of the neighborhood. 81 d) The permittee, or any person associated with him as 82 principal or partn'er, or in a position or capacity involving total or partial control over the establish- - 2 - ./ I merit for which the permit was issued, has been convicted 2 of a criminal offense involving moral turpitude. 3 Sec. 8-26 Exceotions. The provisions of this Chapter shall not be deemed ;o require an entertainment permit for the following: a) For the use of a radio, record player, juke box or television receiver in any establishment. b) For the use of a piano or organ in any establishment. 8 c) For any entertainment provided for members and their guests at a private club where admission is not open to 9 the public. 10 d) For en;ertainment conducted in any theatre holding a valid business license issued under this Article. 11 e) Fdr entertainment conducted or sponsored by any religious ~2 organization or by any bona fide non-profit club, society or association, organized or incorporated for benevolent, ~3 charitable, dramatic or literary purposes having an established membership and which holds regular meetings other than such 14 entertainment at regular intervals, when the proceeds, if any, arising from such entertainment are used for the purposes of ~ such dlu~ society or association. Sec. 8-27 Permits and Fees Not Exclusive. 17 Fees and permits required by this Chapter shall be in addition to any license, permit or 2ee required under any other Chapter 1~ of this Code. 19 The City Council finds and determines that it is necessary for the preservation of Public Welfare that this Ordinance be adopted 20 as an emergency, urgency Ordinance, to be effective immediately. PASSED AND ADOPTED a~ a Special meeting of the City Council, held on the 10th day of April, 1967. 2~ / MAYOR ATTEST: 26 . ) "~_ITY CLERK 80 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the City Comncil of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is fi've; that the above and foregoing Ordinance was duly and regularly introduced and"- read at a regular meeting of the City Council held on the 3rd day of April, 1967, and was given its second reading and duly passed and adopted as an urgency measure at a special meeting held on the 10th day of April, 1967, by the following vote: AYES: COUNCILMEN: ~MACK, .KLINGELHOFER, COCO, MILLER, RING~ NOES: COUNCILMEN: NONE AB SENT: C 0UNC IL}~EN: NONE ........... City Cle~k~.~C. ity of Tus~in, Cal ifornia~