Chapter 5.16 MUSICAL ENTERTAINMENT

5.16.010 Definitions.

5.16.020 Fees--Levied.

5.16.030 Fee--Additional to other license fees.

5.16.040 License--Application--Issuance.

5.16.050 Failure to pay license fee.

5.16.060 License--Nontransferable.

5.16.070 License--Revocation.

5.16.080 Violation--Penalty.

5.16.010 Definitions.

A. As used in this chapter, “business” means every person furnishing music, entertainment, and/or the opportunity to dance in connection with the operation of an establishment for the dispensing of beverages for consumption on the premises.
B. As used in this chapter, “occasional basis” means the furnishing of music, entertainment, and/or the opportunity to dance not more than six times per calendar year. (Ord. 680 § 1, 1982: Ord. 462 § 1, 1962).

5.16.020 Fees--Levied.

A. There is levied and shall be collected a quarterly license fee as established by resolution of the city council, payable quarterly on the first day of each calendar quarter throughout the year, beginning on January 1st of each year, against every business furnishing music, entertainment and/or the opportunity to dance on other than an occasional basis in connection with the operation of an establishment for the dispensing of beverages for consumption on the premises.
B. There is levied and shall be collected a temporary license fee as established by resolution of the city council, payable at the time of application therefor, which shall be not less than ten days prior to the holding of such event, in connection with the furnishing of music, entertainment and/or the opportunity to dance on an occasional basis in connection with the operation of an establishment for the dispensing of beverages for consumption on the premises; provided, however, during any one calendar year, such temporary license shall not be issued to a single establishment on more than six occasions. (Ord. 1119 § 6, 2003: Ord. 719 § 1, 1985: Ord. 680 § 2, 1982: Ord. 637 § 3, 1979: Ord. 462 § 2, 1962).

5.16.030 Fee--Additional to other license fees.

The license and license fee herein provided for shall be in addition to any other business license or business license fee now paid by such persons in compliance with any ordinance now in effect or hereinafter enacted. (Ord. 462 § 3, 1962).

5.16.040 License--Application--Issuance.

Every person desiring to engage in any such business activity or privilege within the city, shall make application for a license to do so to the city clerk-treasurer at his office on a form to be furnished by the clerk-treasurer, in which it shall be stated the residence of the applicant, and the place where the dance is proposed to be conducted. If the clerk-treasurer finds the application to be correct, he shall issue the license in accordance therewith. (Ord. 462 § 5, 1962).

5.16.050 Failure to pay license fee.

If any person required to pay a license fee by this chapter fails or refuses to pay the license fee, at the time heretofore specified, he shall not be granted a license for the current licensing period until such delinquent license fee has been paid in addition to the current fee required. (Ord. 462 § 6, 1962).

5.16.060 License--Nontransferable.

Each license granted under the provision of this chapter shall be personal to the licensee and shall not be assignable or transferable. (Ord. 462 § 7, 1962).

5.16.070 License--Revocation.

All licenses issued pursuant to the provisions of this chapter shall be subject to immediate revocation by the city council upon finding by the council that the privileges granted by said license have been, or are being abused, by the licensee; that the conduct of the privilege granted by said license constitutes a nuisance or is otherwise detrimental to the peace and good order of the city or the welfare of its citizens. In the event such revocation is made, no refund shall be made for any unexpired portion of the licensing period. (Ord. 462 § 8, 1962).

5.16.080 Violation--Penalty.

A. It is unlawful for any person to engage in, or carry on any such business activity or privilege without first paying for and procuring the license so to do, as required by this chapter.
B. Any person violating any provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted
of a misdemeanor under this chapter shall be punished by a fine of not more than one thousand dollars.
C. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly. (Ord. 904 § 9, 1995; Ord. 535 § 1, 1972; Ord. 462 § 4, 1962).