§ 18.16.060. ENTERTAINMENT.

.010 Permit Required

It shall be unlawful for any person to hold or conduct or operate, within the City of Anaheim, any Accessory Entertainment Premises subject to the provisions of this section and not expressly exempt hereunder subject to the provisions of this section without having a valid permit issued pursuant to the provisions of this section, except that premises subject to the provisions of Chapter 18.54 of this Code shall be required to obtain a sex-oriented business permit in lieu of the permit required by this section. The holding or conducting of any event or activity subject to the provisions of this section without a valid permit issued therefor pursuant to the provisions of this section is declared a public nuisance.

.020 Exemptions.

The provisions of Section 18.16.060.010 shall not be deemed to require a permit for any of the following:

.0201 Any religious activities taking place on premises regularly used for religious purposes.

.0202 Activities or events held or conducted by the City of Anaheim or by a school, college, or school district.

.0203 Any activity or event that comes within the provisions of this section solely by reason of its taking place on property owned or occupied by the City of Anaheim shall not require a permit pursuant to this section if the persons or organizations holding or conducting the event shall have obtained a permit, license, lease, or agreement to use the premises from the City of Anaheim.

.0204 Recreational and entertainment centers where the average annual attendance of such center is at least five million persons.

.0205 Entertainment conducted in connection with a recreation park, circus or fairground.

.0206 Entertainment which occurs on-premises that is conducted by or sponsored by any club, society or association, organized and 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 entertainment are used for the purposes of such club, society or association.

.030 Criteria for Approval.

An application for an entertainment permit pursuant to this section shall be granted with or without conditions, provided its operation complies with the following, or be denied if it is found and determined that issuance of the permit would violate these regulations:

.0301 Any provisions of Title 18 of the Anaheim Municipal Code or operate without violation of any other federal, state or city law or laws; or

.0302 A building or structure which is not hazardous to the health or safety of the employees or patrons of the business, activity, or event, or the general public, and meets all occupancy requirements under the standards established by the Uniform Building or Fire Codes; or

.0303 A premises with adequate on-site parking area for employees and the public attending the proposed event or activity, under the standards set forth in Title 18 of the Anaheim Municipal Code, except for existing uses that are legal and nonconforming with respect to parking; or

.0304 Operation with adequate security measures to (1) deter unlawful conduct on the part of employees or patrons, or (2) promote the safe and orderly assembly and movement of persons and vehicles, or (3) prevent disturbance of the neighborhood by excessive noise created by the entertainment activity or by patrons entering or leaving the premises where the entertainment activity takes place.

.0305 The entertainment, as proposed, is and will be in compliance with applicable health and safety and zoning laws relating to the holding of such function,

.0306 There shall be adequate floor space maintained for dancing free of any furniture or partitions and maintained in a smooth and safe condition; and

.0307 The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is located as the existing business has been operating in conformance with all conditions of approval and there are no outstanding Code Enforcement violations associated with the subject business.

.0308 For restaurants, there is at least one meal of a substantial nature served. For the purposes of this section, a meal is a quantity of any kind of food which not only consists of a larger quantity of food than that which comprises a sandwich, soup or salad, but that it consists of a selection of food which is not susceptible of consumption in the absence of at least some articles of tableware and which cannot be conveniently consumed while standing or walking about.

.0309 The application shall also be denied if (1) the applicant has knowingly and wilfully submitted false information on such application; and (2) the applicant has been convicted of any crime substantially related to the qualifications, functions and duties of the permittee under said permit.

.040 Operational Standards.

All facilities permitted by an entertainment permit shall be subject to the following operational standards:

.0401 All entertainers and employees shall be clothed in such a way as to not expose “specified anatomical areas” as described in Section 7.16.060 of the Anaheim Municipal Code.

.0402 The operator shall not permit or allow any minor under the age of sixteen years, unless accompanied by a parent or guardian, or permit or allow any intoxicated, boisterous or disorderly persons to enter, be, remain in or to dance therein;

.0403 The operator shall not shut or turn off or reduce the intensity of the lighting in the area used for dancing to such an extent as to provide less lighting or illumination than is customary for rooms or areas of like dimensions or to a degree to make it difficult or impossible to clearly see or identify individuals dancing on the floor provided for dancing;

.0404 The operator shall not permit any person to dance or permit any music to be played or reproduced by any device between the hours of two a.m. and nine a.m. of any day;

.0405 Policing. Every person conducting an entertainment venue shall employ a sufficient number of security officers to properly police said dance, the number of such officers to be determined by the Chief of Police.

.0406 The entertainment shall be restricted to that described in the application received.

.0407 If required by the Police Department, security officers shall be provided that are in compliance with all state and local laws regulating their services including, without limitation, Chapter 11.5 of Division 3 of the California Business and Professions Code.

.0408 At all times that entertainment is conducted security measures shall be adequate to deter unlawful conduct on the part of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises.

.0409 The number of persons attending the event or entertainment shall not exceed the maximum occupancy of the business premises as determined by the Anaheim Fire Department. Signs stating the maximum permitted occupancy shall be posted in a conspicuous place on an approved sign near the main exit from the room.

.0410 The business shall not employ or permit any person to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy.

.0411 No pyrotechnical material, special effects, open flame devices, or fireworks shall be allowed unless a permit is previously issued in writing by the Anaheim Fire Department and unless the display is in strict accordance with any ordinance adopted by the Anaheim City Council regulating such displays.

.0412 The business shall not be operated in violation of any provision of the Anaheim Municipal Code or any other city, state, or federal law.

.0413 A cover charge shall not be required for admission into the premises unless a conditional use permit is first obtained that permits a cover charge. This prohibition shall not be applicable to a one-day dance event, defined as a “Dance – One-Day” in Section 18.92.070 of this Code.

.0414 Any violation of the development standards or operational standards shall be grounds for revocation of the permit.

.0415 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways.

.0416 The parking lot of the premises shall be equipped with lighting of a minimum one foot candle power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. The position of such lighting shall not disturb the normal privacy and use of any neighboring residents.

.0417 The applicants shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the license shall be removed or painted over within 24 hours of being applied.

.0418 Any detached patios used for entertainment shall be monitored under video surveillance.

.0419 The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition.

.0420 That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim.

.0421 That there shall be no pool tables maintained upon the premises at any time unless an Amusement Permit is obtained from the Planning Department.

.0422 That the activities taking place in conjunction with the operation shall not cause noise disturbances to surrounding properties.

.0423 No admission fee, cover charge, advance prepayment for meals, or similar fees shall be imposed upon patrons as a condition of entry to the premises.

.0424 The business shall not be operated in such a way as to be detrimental to the public health, safety and welfare.

.0425 Any violation of the application, or any of these conditions, shall be sufficient grounds to revoke the permit.

.0426 No dancing shall continue beyond two (2:00) A.M.

.050 Application to Existing Entertainment Permits.

.0501 Any business or other entity that was lawfully engaged in providing amusement or entertainment within the meaning of this section and was the holder of a permit issued by the City before the effective date of this Ordinance No. 6245, shall apply for a new permit pursuant to this Section 18.16.060 before the scheduled expiration date of the existing permit, and in that case the existing permit shall remain in effect until the application has been acted upon and the decision thereon has become final. (Ord. 6245 § 29 (part); June 5, 2012: Ord. 6317 § 5; March 3, 2015.)