§ 33.1513 — Conditions on Entertainment Permits

§33.1513 Conditions on Entertainment Permits

(a) The Chief of Police may impose conditions relating to the operation of the entertainment on the police permit. Conditions may relate to: (1) the days, hours and location of operation; (2) whether separate entrances, exits, and restroom facilities on the premises, or other similar restrictions designed to prevent minors from obtaining alcohol are required; (3) the age of persons allowed on premises; (4) whether licensed security guards are required, and if so, how many; (5) whether the Chief of Police must receive advance notice of the date of a particular event if that event is not held as part of the regularly scheduled events of the business; and (6) other similar conditions related to public safety and welfare; (b) Conditions shall be based on specific and articulable facts reasonably related to insuring public safety, including the protection of minors from alcohol and other criminal activity. (c) Conditions will be listed on the permit. (d) Conditions may not be imposed unless the Chief of Police has considered the input of the permittee on the appropriateness of the conditions. (e) The Chief of Police may not impose conditions that conflict with any local, state or federal law, or that conflict with the permittee’s ABC License. (f) Notwithstanding Section 33.1513(a), if the applicant has an ABC license or a conditional use permit issued since January 1, 1993 upon which the Chief of Police has had meaningful input in determining conditions on the permit related to the operation of the entertainment, including the ages of the patrons, and there has been no change in the manner or type of entertainment offered, those conditions will be the conditions of the police permit issued under authority of this Division. Nothing in this subsection is intended to prevent the Chief of Police from imposing any condition related to the age of patrons inside an ABC establishment if the ABC license does not address that issue. The intent of this subsection is to allow the sale and service of food to minors in a bona fide public eating place (ABC license types 41, 47, and various club licensed premises) with reasonable conditions placed on the permit to prevent curfew violations and protect the minors from alcohol and other criminal activity. (g) Unless otherwise stated on the permit, a permit’s conditions are subject to change only (1) at the time of renewal of the permit and at the request of the permittee, or (2) in conjunction with a modification of the same conditions on an ABC license or conditional use permit. At the time of renewal, the Chief of Police may order the removal or modification of any condition as requested. Nothing in Section 33.1513(f) or (g) is intended to prevent the Chief of Police from modifying any condition in conjunction with regulatory action taken against the permittee pursuant to Division 4 of this Article. (h) Imposition, suspension or revocation of any particular condition is appealable through the procedures set forth in Division 5 of this Article. (i) The Chief of Police may not use the conditions to suppress or regulate speech in any manner contrary to the First Amendment.

(Added 11-20-2000 by O-18887 N.S.)