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The Board of Supervisors hereby finds that the opera- public drunkenness,obstructing the free passage of pedes-
<br /> tion of entertainment establishments present an environ- trians over public sidewalks,the obstruction of free pas-
<br /> ment with the demonstrated potential for excessive noise sage of vehicles within the public right of way,littering,
<br /> generation and disorderly conduct by patrons,particularly fighting,loud speaking or shouting in violation of Califor-
<br /> at closing times, with the attendant adverse health and nia Penal Code Section 415 and/or 647,or the operation of
<br /> safety impacts on the surrounding business and residential automobile audio systems in a manner that violates Ordi-
<br /> community. nance Code of San Joaquin County Section 6-3100 et seq.
<br /> Therefore,it is the purpose of this Chapter to regulate (g) "Entertainment"or"entertainment establishment"
<br /> the operation of entertainment establishments to prevent means any single event,a series of events,or an ongoing
<br /> the creation of inconsistent and incompatible uses while activity or business,occurring alone or as part of another
<br /> recognizing and protecting the constitutional rights of the business, to which the public is invited or allowed to
<br /> citizens of San Joaquin County.All applicants will be held watch, listen, or participate or that is conducted for the
<br /> responsible for controlling patron conduct in and around purposes of holding the attention of,gaining the attention
<br /> the establishments,making adequate provisions for secu- of,or diverting or amusing guests or patrons, including,
<br /> rity and crowd control,protecting the County's youth from but not limited to:
<br /> criminal activity and minimizing disturbances as a result (1) Presentations by single or multiple per-
<br /> of the operation of the entertainment. formers, such as hypnotists, mimes,comedians, musical
<br /> It is also the intent of this Chapter to provide options in song or dance acts,plays, concerts,any type of contest,
<br /> regulating the variety of businesses and events that provide sporting events,exhibitions,carnival,rodeo or circus acts,
<br /> entertainment. The Board of Supervisors finds that the demonstrations of talent, shows, reviews and any other
<br /> imposition of conditions tailored to the particular estab- such activity which may be attended by members of the
<br /> lishment will allow the business or event to flourish while public;
<br /> meeting the County's public health and safety needs.This (2) Dancing to live or recorded music;
<br /> approach also would avoid placing unnecessary conditions (3) The presentation of recorded music played
<br /> on existing businesses or organizations with a history of on equipment which is operated by an agent or contractor
<br /> compliance with the County laws and requirements.(Ord. of the establishment,commonly known as a"DJ"or"disc
<br /> 4354§2(part),2008) jockey." Entertainment does not include ambient music
<br /> provided through the use of a radio,stereo,juke box,mu-
<br /> 9-1085.2 DEFINITIONS. sic recording machine or other similar device.
<br /> For purposes of this Chapter: (h) "Entertainment Permit"means any permit issued
<br /> (a) "ABC license"means the license issued by the by the County pursuant to this Chapter related to the op-
<br /> California Department of Alcoholic Beverage Control. eration of a public dance,entertainment establishment,or
<br /> (b) "Admission charge" means any charge for the amusement premises.
<br /> right or privilege to enter any place of entertainment in- (i) "Reasonable Efforts"means the provision of an
<br /> cluding a minimum service charge, an event charge, a adequate number of licensed security personnel,the adop-
<br /> cover charge,a charge for the use of seats and tables,or tion and posting of operating policies that are consistent
<br /> any other similar charge.It also includes the purchase or with the requirements of this Code and the permit and the
<br /> presentation of a ticket or token directly or indirectly re- adherence to those policies, the documented training of
<br /> quired as a condition for entrance.It does not include tips, employees in the carrying out of the establishment operat-
<br /> gratuities,voluntary donations,or suggested donations for ing policies, notifying the Sheriff's Office of apparent
<br /> employees or for any person providing entertainment. criminal activity,and the taking of all additional measures
<br /> (c) "Applicant"means a person,persons,or business consistent with sound business judgment necessary to
<br /> entity that has been issued a permit as provided in this accomplish the required result.
<br /> Chapter. 0) "Responsible Person" means the applicant,
<br /> (d) "Dance and dancing" means movement of the owner,proprietor,promoter,manager,assistant manager
<br /> human body,accompanied by music or rhythm. or other person exercising control over the operation of an
<br /> (e) "Director"means the Director of the Community entertainment establishment,whether or not that person is
<br /> Development Department of the County of San Joaquin a named applicant.
<br /> and his or her designee. (k) "Special Event"means entertainment conducted
<br /> (f) "Disorderly conduct"means any of the following: on private property where all of the following circum-
<br /> consumption of alcoholic beverages on public property, stances exist:
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