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ORDINANCE NO.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
5.12 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO LIVE
ENTERTAINMENT TO INCLUDE PROVISIONS FORMERLY WITHIN CHAPTER 5.08
CONCERNING DINE AND DANCE CLUBS, AND TO AMEND SECTIONS CONCERNING
APPLICATION AND FEES FOR LICENSE, SUSPENSION OF LICENSE, APPEAL
OF DECISION OF CHIEF OF POLICE, SPECIAL OFFICER REQUIREMENTS, AND
REPEALING CHAPTER 5.08 OF THE SAN BERNARDINO MUNICIPAL CODE.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 5.12 of the San Bernardino Municipal
9 Code is amended to read:
10 "CHAPTER 5.12
11 ENTERTAINMENT - DANCES
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5.12.010 Definitions.
13 For the purpose of this chapter, certain words and phrases
14 shall be construed as set forth in this section, unless it is
15 apparent from the context that a different meaning is intended.
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A. "Dine and dance clubs", and "night clubs", mean and
17 include all hotels, restaurants, cafes, road houses, inns,
18 taverns, or any place open to the public, wherein or whereat bona
19 fide meals or dinners are served, and where the public and
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20 patrons thereof may dance without charge.
B. A "public dance", "dancing club", or "public dance hall"
22 means and includes any public place open to the public wherein or
23 whereat the public may engage in dancing, including places and
24 dances where admission thereto is by membership or other special
25 privilege.
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C. "Entertainment" means:
1. Any act, play, review, pantomime, scene, dance act,
28 or song and dance act, performed by one or more persons, whether
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or not such person or persons are compensated for such
performance, when the same is performed at a public dance hall,
public dance, dancing club, dine and dance club or night club; or
2. Any fashion or style show, except:
a. When the same is conducted by a nonprofit
club, organization or association, as a part of the social
activities of such club, organization or association, to which
members of the general public are not invited; or
b. When the same is conducted by a person as a
part of a commercial business which primarily involves the sale
or manufacture of clothing or wearing apparel.
D. "Notice" means written notice, given by personal service
upon the addressee, or, given by United States mail, postage
prepaid, addressed to the person to be notified at his or her
last known address.
Service of such notice shall be effective
upon the completion of personal service, or upon the placing of
the same in the custody of the United States Postal Service.
E. "License" means a license required and issued pursuant
to the provisions of this chapter.
F. "Previous law enforcement experience" means the special
officer shall have current California Penal Code Section 832
training and shall possess a current Peace Officer Standards and
Training basic certificate.
5.12.020 License - Required.
It is unlawful for any person, firm, corporation or
association of persons, to operate, conduct or carryon any act
of entertainment, public dance hall, public dance, dancing club,
dine and dance club or night club, as the same are defined in
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Section 5.12.010 without first obtaining a license to do so as
provided in this chapter. For purposes of this chapter, every
person, firm, corporation, or association of persons operating,
conducting or carrying on a public dance where the owner, manager
or operator does not operate, conduct or carryon a public dance
at least one night in each month shall be subject only to Section
5.12.070 and to this chapter's provisions relating to special
officers.
5.12.030 License - Application and fees.
A. Any person required to obtain a license pursuant to this
chapter shall file a written application therefor with the Chief
of Police of the City. Application forms for such licenses,
which shall be approved as to form by the City Attorney, shall be
prepared by the Chief of Police, who shall require thereon such
information as the Chief of Police deems necessary to carry out
the purpose of this chapter. The Chief of Police may require a
waiver of privilege, authorization for release of information and
agreement holding harmless any persons providing information to
the Police Department, and all employees and officers reporting
on the matter to the Mayor and Common Council, from the applicant
and any persons named in the application as interested in the
business. The Chief of Police may also require a release from
liability or damage for the use of the information by City
officials in connection with any public hearing conducted for the
purpose of appealing a decision of the Chief of Police. As part
of the application process, the applicant, each individual having
a financial interest in the business or prospective business, and
any person who will be directly engaged in the management or
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operation of the business, shall, at the applicant's expense, be
fingerprinted at the Police Department.
B. A non-refundable filing fee and processing fee, in the
sum of two hundred dollars, shall be filed contemporaneously with
the filing of a license application. In addition, the applicant
shall deliver to the Police Department a money order payable to
the State of California for the fees required by the State
Department of Justice for processing all required fingerprint
records and reporting thereon.
C. The Chief of Police, upon receipt of a written
application for a license, shall conduct an appropriate
investigation to determine whether the license should be issued
in accordance with the provisions of this chapter as hereinafter
set forth. The Chief of Police shall consider any relevant
factual material relating to such application, and shall issue an
entertainment - dance license as required by this chapter only if
he or she finds that:
1. A written application form therefor has been filed
and the application process completed; and
2. The required f i 1 ing and process ing fees therefor
have been paid to the City; and
3. All applicable provisions of this chapter with
regard to such license application, specifically including those
contained within Section 5.12.040, have been, or will be, met.
Section 5.12.040 License - Issuance.
The Chief of Police shall issue a license based upon his or
her investigation, only if the Chief of Police finds that:
A. The operation, as proposed by the applicant, if
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permitted, would comply with all applicable laws, including but
not limited to the City's building, fire, zoning and health
regulations; and
B. The applicant, each person who has a financial interest
in the operation, and each person who will be directly engaged in
the management or operation of the act of entertainment, dine and
dance club, night club, public dance, dancing club or public
dance hall, other than one who participates in an act of
entertainment:
1. Has no case pending, nor any conviction in a court
of competent jurisdiction regarding any offense punishable in
California or other competent jurisdiction when the facts
underlying such case or conviction indicate the lack of such
qualities as are essential to protect the public health, safety
and welfare;
2. Has not allowed or permitted acts of sexual
misconduct to be committed in prior business operations; and
3. Is not required to register under Penal Code
Section 290 or Health and Safety Code Section 11590; and
C. The applicant has not knowingly made any false,
misleading or fraudulent statement of fact in the license
application process, or on any document required by the City in
conjunction therewith; and
D. The location for which the license is sought is suitable
for the type of operation proposed, and will not pose a nuisance
to the neighborhood or disrupt the peace and solitude of a
residential area.
5.12.050 License - Conditions.
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The Chief of Police may impose conditions prior to approval
of an application when he or she deems conditions necessary to
insure compliance with the provisions of this chapter or to
protect the public.
5.12.060 License ~ Nontransferable - Posting.
A. Upon approval of such license by the Chief of Police,
and the payment of license fees, the City Clerk shall thereupon
issue a license to the applicant. Such license shall set forth
the name of the applicant and the place where the dance, dance
hall, dance club, dine and dance club, night club, or act of
entertainment is to be conducted or situated. Each license shall
be nontransferable, shall be posted in a conspicuous place in or
upon the premises for which it is issued, and shall be shown to
any City official upon demand.
B. Each license issued under this chapter is separate and
distinct and no person shall exercise the privileges granted
under this chapter except the person, firm, corporation or
association of persons to whom the same is issued and at the
specific place for which it is issued.
C. The licensee shall make available to any police official
of the City upon demand the current names and addresses of the
licensee, all persons who are directly engaged in the management
or operation of the business, all persons having a financial
interest in the business, and all employees or agents.
D. The licensee shall, at the licensee's expense, cause
each person thereafter acquiring a financial interest in the
business, and each person who becomes directly engaged in the
management or operation of the business to be fingerprinted at
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the Police Department.
5.12.070 License - Fee.
A. For every person, firm, corporation, or association of
persons conducting, operating, managing or carrying on a public
dance, dance hall, dancing club, dine and dance club or night
club as the same are defined in Section 5.12.010, the license fee
shall be two hundred dollars per year or one-half of one-tenth of
one percent C.0005) on all dollar value of annual gross receipts,
whichever is greater, and shall be paid in full between January 1
and January 31 of each year.
B. Every person, firm, corporation, or association of
persons operating, conducting, and carrying on a public dance
where the owner, manager or operator does not operate, conduct or
carryon a public dance at least one night in each month, shall
pay a license fee of forty dollars for each night.
5.12.080 License - Denial.
If the Chief of Police finds any of the facts prohibiting
issuance of a license as set forth in Section 5.12.040 exist, the
Chief of Police shall decline to approve the application.
5.12.090 License - Notice of decision by Chief of Police.
Within ten days after reaching a determination with
reference to a license application, the Chief of Police shall
give written notice of his or her decision to the applicant and
to any other person requesting such notice.
5.12.100 License - Duration.
Licenses issued pursuant to this chapter shall be valid for
a period of one year or until revoked or abandoned.
5.12.110 License - Transfer.
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No license shall be transferable except with the written
consent of the Chief of Police. An application for such a
transfer shall be in writing and shall be accompanied by a filing
and processing fee of two hundred dollars, the same to be filed
with the Chief of Police. The written application for such
license shall contain the same information as required herein for
or initial application for such a license.
5.12.120 Exemptions from filing, processing and license
fees.
A. A bona fide church, non-profit organization or
charitable organization recognized as such under state law, bona
fide lodge, fraternal organization, or fraternal society which
carries on no more than one dance in anyone month and which
carries on such dances solely for the amusement or entertainment
of its bona fide members, or for the purpose of securing funds
for such organization for its own operating needs or for
charitable purposes, shall be exempt from payment of filing,
processing and license fees, but shall not be exempt from
fingerprint processing fees. The Chief of Police shall establish
and utilize a simplified application process for any such
organization, and may exempt any or all fingerprinting
requirements based on standards to be established, but nothing
herein shall exempt any such organization from the license
requirements of this chapter.
B. Any organization described in subsection A of this
section which conducts more than one dance in anyone month shall
be obligated to pay the filing, processing and license fees
provided for in this chapter. Such organization may utilize the
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simplified application process provided for in subsection A of
this section unless the Chief of Police determines normal
application processing is necessary under all circumstances known
to him.
5.12.130 Right of appeal.
A. Any applicant aggrieved by the decision of the Chief of
Police with reference to the issuance, conditional issuance or
denial of a license, shall have the right to appeal. An appeal
must be perfected within fifteen days after the service of notice
of decision by filing with the City Clerk a letter of appeal
briefly stating therein the basis for such appeal.
B. Upon receipt of such letter of appeal, the City Clerk
shall set the matter for consideration by the Mayor and Common
Council. The City Clerk shall give the appealing party, the
Chief of Police, and any other person requesting the same, at
least ten days' written notice of the time and place of such
hearing, which shall be had within thirty days of the filing of
the notice of appeal, unless all parties agree in writing to a
later date.
C. At the time and place set for the hearing upon the
appeal from the decision of the Chief of Police, the Mayor and
Common Council shall give the appealing party and any other
interested party a reasonable opportunity to be heard, in order
to show cause why the determination of the Chief of Police should
not be upheld. In all such cases, the burden of proof to show
that the action taken by the Chief of Police was arbitrary,
capricious or in excess of his or her authority shall be upon the
appealing party. The determination of the Mayor and Common
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Council shall be final and conclusive.
5.12.140 Suspension of license.
A. The Chief of Police shall suspend any license issued
under this chapter if the Chief of Police finds that:
1. The operation, as conducted by the licensee, does
not comply with all applicable laws, including, but not limited
to, the City's building, fire, zoning and health regulations; or
2. The commission of any act has occurred which under
this chapter would be sufficient for denial of an application for
a license; or
3. A disturbance of the peace in or upon or about the
premises for which the license was issued has occurred, where
such disturbance is caused, acquiesced in, not adequately
protected against, or permitted by the licensee, its agents,
servants, officers or employees; or
4. The licensee has knowingly made any false,
misleading or fraudulent statement of fact in the license
application process or on any document required in conjunction
therewith.
5. Any person who has or acquires a financial interest
in the business or any person who is or becomes directly engaged
in the management or operation of the business has a case
pending, or a conviction in a court of competent jurisdiction
regarding any offense punishable in California or other competent
jurisdiction, the underlying facts of which indicate the lack of
such qualities as are essential to protect the public health,
safety or welfare.
B. The determination of the Chief of Police with regard to
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the matters of suspension shall be appealable in the time and
manner set forth in Section 5.12.130.
C. The Chief of Police, in the case of such suspension,
shall serve the licensee with a written order of suspension,
which shall be effective immediately if personally served, or
forty-eight hours after the same has been deposited in the course
of transmission in the United States Postal Service.
D. Immediately upon such order becoming effective, the
licensee shall cease all operations under such license.
E. The order of suspension shall be deemed a revocation of
the license to which it relates unless the licensee, within
fifteen days after personal service of such order, or seventeen
days after the order is deposited in the course of transmission
in the United States mail, files an appeal from the order in the
manner set forth in Section 5.12.130.
F. Where an appeal is taken, the order shall be stayed
pending a determination thereon by the Mayor and Common Council
which shall act upon the same in the manner set forth herein.
Such determination shall be final and conclusive.
5.12.150 Special officer required - Duties.
Each person, firm, corporation or association operating,
conducting or carrying on a public dance hall, dancing club, dine
and dance club, night club, or public dance under the provisions
of this chapter shall employ, at his, her or its own expense, a
man and a woman to be designated as special officers, who shall
be in attendance at all times that dancing is allowed, permitted
or conducted at the establishment for which the license is
issued. Each special officer shall, at a minimum, have training
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in powers of arrest as specified in California Business and
Professions Code Section 7544.2 and shall possess a guard
registration card issued by the California Department of Consumer
Affairs Collection and Investigative Services Division. Such
special officers shall keep the peace at such dances and shall
enforce all laws applicable thereto, and shall, upon request of
the Chief of Police, make a written report to the Chief of Police
respecting any incident or disturbance at said establishment.
The employment of the special officers shall be subject to the
approval of the Chief of Police, who shall require the furnishing
of the special officers' names and addresses, their previous
felony and misdemeanor convictions and any additional relevant
information.
5.12.160 Approval of special officers - Nonliability of
City.
The approval of the Chief of Police of the employment of a
special officer is not an approval of his or her qualifications
to serve in such capacity and in no way implies any assumption of
liability on the part of the City for a special officer's acts or
failure to act. The sole purpose for requiring approval by the
Chief of Police is to insure compliance by the licensee with this
chapter.
5.12.170 Special officers - Uniform and insignia regulation.
A special officer shall not be permitted to wear an official
police uniform, badge or insignia or any uniform, badge or
insignia that may be mistaken for, or confounded with, such
official police uniform, badge or insignia. A special officer
who is not in officially approved uniform shall not possess any
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type of badge, or other type of special officer identification
except as issued or approved by the Chief of Police. A special
officer shall not carry or have in his or her possession a
firearm, wooden club, baton, black jack, slingshot, billy,
sandclub, sandbag, sawed off shotgun, metal knuckles, dirk,
dagger, or tear gas weapon as defined in Penal Code Section
12402, except when required by the rules and regulations of the
Police Department, or when the special officer has complied with
California Business and Professions Code Sections 7544 through
7547.26.
5.12.180 Waiver of requirement for special officers.
In any case where the Chief of Police finds that the
preservation of public peace, health or morals does not require
the attendance of special officers in any public dancing hall,
dancing club, dine and dance club, night club, or at a public
dance, as the same are defined in Section 5.12.010, the Chief of
Police is, in the exercise of his or her discretion, authorized
to waive the requirement for the attendance of special officers;
provided, that if, at any time after such a waiver has been made,
the Chief of Police determines that the public peace, health or
morals require the attendance of special officers, the Chief of
Police shall so notify the licensee of such establishment in
writing, and thereafter the special officers shall be required to
be in attendance in accordance with the provisions of this
chapter.
5.12.190 Previous law enforcement experience required -
When for special officers.
The Chief of Police may require, in special instances when
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law enforcement problems may be reasonably anticipated, that the
special officers be persons with previous law enforcement
experience and with current certificate, as specified in section
5.12.010 subsection F. In such event, the Chief of Police shall
notify the licensee of such requirement in writing.
5.12.200 Hours; dancing prohibited during.
It is unlawful for any person, firm, corporation or
association or association of persons to operate, conduct or
carryon a public dance, public dance hall, dancing club, dine
and dance club, night club or similar establishment between the
hours of two a.m. and eight a.m. of anyone day; provided,
however, that the restriction herein imposed applies only to
permitting or allowing the public to dance and to the providing
of entertainment of any sort other than mechanical music between
such hours and is not deemed to prevent or make unlawful the
serving of meals or refreshments between such hours."
SECTION 2. Chapter 5.08 of the San Bernardino Municipal
Code is hereby repealed.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular meeting thereof,
, 1983, by the
held on the 1st day of AUGust
following vote, to wit:
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AYES:
Council Members Castaneda, Reilly, Hernandez,
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Marks, Quiel, Frazier, Strickler
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NAYS:
None:.
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ABSENT:
None
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Atlltt~~'
/ City C er
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The foregoing ordinance is
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Approved as to form:
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C~ ty A torney
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day
, 1983.
ino
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