§ 6.60.383. Denial - Renewal.

An application to renew an entertainment permit or entertainment license shall be denied by the chief of police upon any of the following grounds:

A.

Conviction of the applicant within the last five years, of any misdemeanor under the California Penal Code involving the following:

1.

The use of violence, force, fear, fraud or deception;

2.

Lewd or lascivious acts;

3.

Prostitution;

4.

The use of money to engage in criminal activity;

5.

The employing or paying of any person upon the premises where alcoholic beverages are sold to procure or encourage the purchase or sale of alcoholic beverages;

6.

The sale of distilled spirits in any package which has been refilled or partly refilled; or

7.

The maintenance of a disorderly premises.

B.

Conviction of the applicant within the last ten years, of any felony under the California Penal Code involving the following:

1.

The use of violence, force, fear, duress, menace, fraud or deception;

2.

Pimping or pandering;

3.

Lewd or lascivious acts;

4.

The use of money to engage in criminal activity; or

5.

The unlawful possession, sale, distribution or transportation of a controlled substance.

C.

Knowingly making a false statement of fact or omitting a fact required to be revealed in an application to renew an entertainment permit or entertainment license, or in any amendment or report or other information required to be made thereunder;

D.

The premises in which the permitted or licensed activity will occur is in violation of any building, zoning, health, safety, fire, police or other provision of this Code or of county, state or federal law which substantially affects the public health, welfare or safety;

E.

Violation of the terms and conditions of the entertainment permit or entertainment license or other requirements of this chapter which have not been corrected;

F.

The premises or the public entertainment business has been the subject of an administrative, civil or criminal nuisance abatement action and court judgment or administrative determination finding the premises or the public entertainment business to be a nuisance within the past five years;

G.

Employment or otherwise contracting for the services of a manager whose application for an entertainment license has been denied or revoked, or whose entertainment license has been suspended and the violations leading to the suspension have not been corrected;

H.

The holding of any ownership interest of more than ten percent of a public entertainment business, other than a publicly traded corporation, by any person whom the chief of police has not approved through any applicable entertainment license application procedure;

I.

Failure to pay any disturbance response fee imposed pursuant to Section 6.02.310;

J.

A permit or license issued by the city or any federal, state, or local agency for the premises or for the public entertainment business has been suspended and the suspension has not been lifted or the violations leading to that suspension have not been corrected;

K.

A permit or license issued by the city or any federal, state, or local agency for the premises or the public entertainment business has been revoked;

L.

The applicant has conducted the public entertainment business in a manner that creates or results in a public nuisance, as defined in Section 1.13.050 of this Code or Sections 3479 and 3480 of the California Civil Code, on or within one hundred fifty feet of the premises, and the applicant failed to abate the public nuisance after being requested by the city to do so;

M.

If the applicant is a corporation, the corporation is not in good standing in the state of California or authorized to do business in the state of California;

N.

Conducting a public entertainment business, or allowing or offering public entertainment at the premises for which the renewal of the entertainment permit or entertainment license is sought, is prohibited under the terms of any contract or lease for that premises.

(Ord. 28840.)