Except as provided in Section 17.95.040, it is unlawful for any person to operate, conduct or manage any public place where any form of live entertainment is conducted without a valid live entertainment permit from the city.

Except as provided in Section 17.95.040, it is unlawful for any person to perform any entertainment in a public place without a valid entertainment permit when such person has knowledge of the lack of such permit, or who assists, permits or counsels any person to violate any provisions of this chapter.

For purposes of this section, any theatrical or professional entertainment performances sponsored, used, shown, operated or maintained by any owner, lessee, occupant or operator of any commercial establishment in the city in conjunction with, as an adjunct to, or in promotion of such commercial establishment, or the wares, services, merchandise or products thereof or any part thereof, shall require a separate business license certificate for each theatrical or professional entertainment performance.

Any person required by this chapter to have a live entertainment permit shall, prior to providing any live entertainment on the property, file a written, signed and acknowledged application in duplicate with the city clerk containing the following information:

Whenever any change occurs relating to the written information required by subsection D of this section, the applicant or permit holder shall give notification in writing of such change to the city clerk within five days after such change or any hearing conducted pursuant to this chapter if such hearing is conducted before the above notification has been given.

The submission of an application for a live entertainment permit does not authorize the performing of live entertainment until such permit has been granted as provided in this chapter.

Submission of Application. All applications for live entertainment permits shall be filed with the city clerk on the form provided by the city which shall then be forwarded to the city's chief of police and director of community development.

Determination of Completeness. Within ten business days following the receipt of an application pursuant to this section, the director of community development, or his or her designee, shall determine whether the application contains all the information required by the provisions of this chapter. If it is determined that the application is not complete, the applicant shall be notified in writing within five business days of the date such determination is made that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have thirty calendar days to submit additional information to render the application complete. Failure to do so within the thirty-day period shall render the application void. Within five business days following the receipt of an amended application or supplemental information, the director of community development, or his or her designee, shall again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided in this section until such time as the application is found to be complete. The applicant shall be notified within five business days of the date the application is found to be complete. All notices required by this chapter shall be deemed given upon the date they are either deposited in the United States mail or the date upon which personal service of such notice is provided.

Investigation of Permit. Upon determining that an application for a live entertainment permit is complete, the director of community development or his or her designee shall, within thirty business days of receipt of the application, conduct an investigation of the information contained in the application to determine if the proposed live entertainment and the business in which it is to be offered is in compliance with the provisions of this chapter. Such investigation may include providing copies of the application to the director of public works/city engineering, the police chief, the city manager or other officials for their investigation and report thereon.

Upon the expiration of the thirty-day investigatory period, the director of community development, or his or her designee, shall approve the issuance of a live entertainment permit if the director determines that all of the requirements of this chapter have been met, including, but not limited to, the conditions imposed pursuant to Section 17.95.050, and that the investigative report by the chief of police, the director of public works/city engineer, and other officials fails to identify any of the items listed in subsections (D)(9) and (10). If the above findings cannot be made, the application for a permit for the calendar year in which the application is made shall be denied. Any applicant whose permit has been denied pursuant to this chapter may appeal to the city manager.

Once a live entertainment permit has been issued, the permit shall be valid for six months.

No application for a live entertainment permit shall be considered complete unless and until the application fee, as set by resolution of the city council, as may be modified from time to time, is paid.

Statement of Exemption. Every person claiming to be entitled to an exemption from payment of the permit fee shall file a verified statement with the director of community development concurrent with the permit application, providing evidence that the proposed entertainment is "charitable entertainment" or "civic entertainment" as defined in Section 17.95.040(D) and (E). If the applicant substantiates that the entertainment is charitable or civic entertainment as defined in Section 17.95.040(D) and (E), the director of community development shall authorize a fee waiver for said applicant.

Any live entertainment consisting solely of auditions;

Any amateur who sings while in, and a part of, any audience;

Anything emanating from a radio, record or CD player, juke box or television receiver;

Charitable entertainment, which means any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects, whenever the entire receipts of any such entertainment, concert, exhibition or lecture are appropriated to any church or school, or to any religious, civic or benevolent purpose, or any educational foundation within the city.

Civic entertainment, which means any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the entire receipts for such entertainment, dance, concert, exhibition or lecture are appropriated for the purposes and objects for which such association or organization is formed and from which no profit is derived, either directly or indirectly, by any person.

Minors. The conducting of a business, otherwise permitted by city ordinance, by youth, under the age of eighteen years, living in the city. The exemption may be authorized by the director of community development upon receipt of proof of such status.

That the proposed live entertainment shall not be held in any building, structure or other location within three hundred feet of any approved residential property unless the live entertainment is conducted on city-owned property. For the purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building, structure or other location in which the live entertainment will be provided to the nearest property line of the residential property;

Noise from the live entertainment shall not exceed specified noise standards;

A requirement that security guard(s) be on duty outside the premises, patrolling the grounds and parking lot at all times live entertainment is offered;

A requirement that the exterior grounds, including the parking lots, shall be lighted to three foot candles, minimally maintained and evenly distributed, as measured at ground level to permit the security personnel to observe activity on the grounds and within automobiles.

No exterior door or window of the premises shall be propped or kept open at any time while the business is providing live entertainment.

There shall be no drinking of alcoholic beverages on any portion of the premises not licensed for the consumption of alcohol, including, but not limited to the parking lot of the establishment.

The prohibition of the provision of live entertainment before ten a.m. any day of the week, and the requirement that all live entertainment be concluded prior to ten p.m. on Sundays through Thursdays and twelve a.m. on Fridays and Saturdays.

Filing an Appeal. A permittee desiring to appeal the determination of the director of community development or the city manager shall file a request for an appeal with the city clerk no later than fifteen days following the determination, and shall pay a filing fee as the city council may establish from time to time by resolution. The written request shall contain (1) the name and address of the applicant; (2) the date of the decision in question; (3) the reasons for the hearing; (4) the grounds relied upon for relief;

Scheduling the Appeal. The city clerk shall place the appeal on the agenda of the next regular meeting of the city council for which the legal requirement for the posting of the agenda items can be met. Notice of the time and place of the hearing shall be mailed to the applicant no later than ten days prior to the date set for hearing. The notice shall specify the grounds for the proposed revocation. The notice may also designate certain records of the applicant required to be produced at the time of the hearing;

City Council Hearing. The city council shall be provided the grounds of complaint against the permittee and the basis for the city manager's determination to deny, revoke or suspend the permit. The permittee shall be provided an opportunity to present information to the council in writing or in person in opposition to the city manager's determination. The council may continue the appeal hearing from time to time;

Determination by the City Council. After conducting the hearing and based on the information presented and the determination that the permittee is providing entertainment contrary to the provisions of its permit, the council may:

Findings of City Council Final. The determination of the city council shall be final and conclusive on the matter.

Whenever any person is convicted of a violation of any of the provisions of this chapter or any permit there under, in addition to any other penalty imposed, the license which may have been granted pursuant to Title 5 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.

It is unlawful and a misdemeanor, subject to punishment as set forth in Chapter 1.08 of this code, for any person, firm, group, association or corporation to violate any provision of this chapter.