§ 4-104. Permit, etc., for dancing, musical performances, and other live entertainment.

(a)

Generally. No live dancing, musical performances, or other live entertainment, whether by entertainers, patrons or employees of such business, shall be permitted in any place of business open to the public and selling, dispensing or serving alcoholic liquor, beer or cereal malt beverage, without a permit therefor having been first obtained from the business license and occupation tax division. The owner, operator, manager or person in control of said business shall be responsible for providing adequate security for persons present at said business. Municipally owned, managed or operated buildings and facilities shall be exempt from the requirements of this section.

(b)

Application for permit. The applicant for a permit as provided for in subsection (a) of this section must apply in writing on forms provided by the business license and occupation tax division.

(c)

Term of permit. Permits may be issued by the license administrator for a period of one year's duration, or, in the alternative, may be issued on a per theme basis, at the option of the applicant. Permits issued on a per theme basis must be issued at least 24 hours prior to the time of such live dancing, musical performance, or other live entertainment.

(d)

Required filing of schedule. When a permit is issued for a term of one year, the permit holder shall be required to file with the business license and occupation tax division a monthly schedule describing or identifying all dancing, musical performances, or other forms of entertainment which are to occur at the place of business. The schedule shall include, at least, the following:

(1)

Name and address of place of business.

(2)

The dates of proposed entertainment or dancing.

(3)

Type of entertainment or dancing to be conducted on each such date.

(4)

The number of persons projected to be upon the business premises at any one time.

(5)

The name and address of the person or licensed security agency that will provide or be responsible for security for each date of entertainment or dancing.

No schedule shall be required unless, during the monthly period, live entertainment shall be or is intended to be provided. The schedules may be modified from time to time by the permit holder upon written notice to the business license and occupation tax division, and upon the approval of the domestic relations officer. Failure to submit such schedule within ten days after receipt of written notice from the business license and occupation tax division requesting the same shall render the permit void and require the issuance of a new permit before live entertainment may be provided.

(e)

Fees. The fee for such permit, which is to be paid to the license administrator at the time such permit is issued, shall be as established by the unified government administrator. Any business having paid the annual occupation tax hereunder shall be exempt from any further taxes established for the purpose of regulating or operating a public dance.

(f)

Number of security officers. The number of licensed security officers that shall be required are as follows:

(1)

For any number of persons present within the building numbering from one to 125, none.

(2)

For any number of persons present within the building numbering from 125 to 250, two security officers.

(3)

For gatherings or groups of persons in excess of 250, two additional security officers for each 100 persons.

The number of security officers required may be modified by the order of the business license and occupation tax division or the chief of police when there are reasonable grounds to believe that a larger or smaller number of officers shall be needed to protect the public health and/or safety. This subsection shall have application only to those permits issued on a per theme basis.

(Code 1988, § 4-75; Ord. No. 65173, § 3-63, 7-9-1987; Ord. No. 65643, § 1, 7-2-1991)