(1) Live entertainment defined.Live entertainment means a use in connection with a restaurant, bar/nightclub, or indoor/outdoor entertainment establishment, wherein floorshows or other forms of entertainment consisting of one (1) or more persons, amplified or non-amplified music or other related sounds or noise, are provided indoors or outdoors, including but not limited to entertainment provided by musicians, disc jockey (DJ), master of ceremonies (MC), or karaoke.
(b) Time limits. Any live entertainment permit (herein referred to as “permit”) granted by the city shall expire twelve (12) months after the date of approval of such permit and must be renewed in accordance with subsection (h) of this section.
(c) Method of approval. A permit may be approved by the city after an application, as provided herein, has been processed by city staff.
(d) Review and approval procedure.
(1) Permit applications shall be obtained from and filed with the Development Department, and may be initiated by the owner of the subject property or the owner's designated representative. All applications must be signed by the property owner. A complete application will be processed by the Development Department, which also consists of the required fee and necessary supportive materials, including the following:
a. A site and/or floor plan, indicating the location of the live entertainment.
b. A summary of facts concerning the location and orientation of the live entertainment, including proposed days and hours of operation, description of proposed entertainment, description of premises where entertainment is proposed, number of entertainers, etc.
c. A valid Business Tax Receipt. All businesses wishing to secure an entertainment permit must conform with all local zoning requirements.
d. A signed affidavit affirming the business will not violate the Noise Control Ordinance.
(e) Non-transferable permit. A permit is valid only for a specific establishment at a specific location and is nontransferable to another establishment. If an establishment with a valid live entertainment permit ceases operation at a specific location and another establishment begins operation at this location, the live entertainment permit is nontransferable to the new establishment at the same location. In addition, if an establishment with a valid permit relocates, the permit is nontransferable to the new location. In both instances, a new permit application must be submitted for City Commission consideration.
(f) Standard conditions of approval for all permits. The following are standard conditions for approval of all permits which are incorporated into the City Commission's approval of a permit application and made a part of the terms under which the live entertainment permit is granted:
(1) For indoor entertainment, all doors and windows shall remain closed during performances, with the exception of momentary use for ingress and egress. If doors and/or windows are opened during the performance, subsection (f)(2) of this section is applicable.
(2) Section
15-8 of the City's Code of Ordinances, Noise control-Short title; through section
15-10.7, Enforcement and Penalty, inclusive, pertaining to noise, shall apply to live entertainment, and all live entertainment shall be subject to enforcement of the City's Noise Control Ordinance.
(3) Hours of outdoor amplified live entertainment at establishments with a residential unit or units within 100 feet of the site shall not extend beyond 11:00 p.m. Sunday through Thursday evenings and 12:00 a.m. on legal holidays as defined in the City's Noise Control Ordinance, Friday and Saturday evenings.
(g) Standards for review. In its deliberations concerning the granting of a live entertainment permit, the city shall carefully consider the following guidelines and standards:
(1) Ingress and egress to the subject property and use, with particular reference to automotive and pedestrian safety and convenience, traffic generation flow and control, and access in case of fire or catastrophe, shall be on substantially improved property and generally conform to current city regulations and not potentially detrimental to existing or anticipated uses in the vicinity and particularly not detrimental to property immediately adjacent to the subject site.
(2) Off-street parking areas for the principal use shall be in conformance with applicable (e.g. parking space requirements) standards with respect to required parking, as well as be adequate and well-designed, and relate well, in terms of proximity, access and the like, to the intended entertainment to be serviced, with particular attention to the items listed in subsection (g)(1) of this section. Further, the smoke, noise, glare, dust, vibrations, fumes, pollution or odor effects related to the vehicular use area or the live entertainment shall not be detrimental to the adjoining properties in the general area.
(3) Refuse and service areas, with particular reference to the items listed in subsections (g)(1) and (2) of this section, shall be adequately screened so as not to be visible from adjacent properties or a public right-of-way and shall be located in such a way as not to be a nuisance, by virtue of smoke, noise, glare and the like, to adjacent properties.
(4) Utilities, whether public or private, shall be adequate and not detrimental with reference to location, availability, adequacy and compatibility.
(5) Screening, buffering or separation of any nuisance or hazardous feature, with reference to type, dimensions and character, shall be fully and clearly represented on the submitted plans and shall be adequate to protect adjacent properties. This shall include proposed strategies to mitigate sound levels at adjacent property lines and distances from the noise source(s) as enumerated in the city's Noise Control Ordinance.
(6) Proposed signs and exterior lighting shall be considered with reference to glare, traffic safety and compatibility and harmony with surrounding properties and shall be determined to be adequate, safe and not detrimental or a nuisance to adjacent properties.
(7) The proposed live entertainment shall be compatible and appropriate with respect to adjacent properties and other property in the district and geographic area.
(h) Permit renewal procedure. Permits shall renew on an annual basis in conjunction with the Business Tax Receipt renewal effective October 1 of each year. Establishments with complaints that have been the subject of an Order issued by the City's Code Compliance Board finding the establishment in violation of City Code, and/or findings by a civil or criminal court of a violation of City Code or other applicable law(s) shall require annual City Commission approval prior to the renewal of the permit. Permits not approved for renewal by City Commission will be prohibited from re-applying for a period of one (1) year.
(i) Revocation of permits. The City Commission may revoke a previously approved permit upon finding, in a public hearing, that operation of the live entertainment has resulted in the violation of a city ordinance, or any of the conditions of approval outlined in the approving resolution, including the standard conditions outlined in subsection (h) of this section, and that the City's Code Compliance Board has found that a violation has occurred, and entered an order finding that such a violation has occurred pursuant to Chapter 2, Article V, of the City's Code of Ordinances.
In the event the City Commission revokes a live entertainment permit, the City Commission shall not issue a new permit for the same location for a period of twelve (12) months from the date of revocation. In order to submit an application for a new permit, the location must not have been found in violation of any City Code provisions within the twelve (12) month time period just prior to the date the application for a live entertainment permit is submitted.
After the time period specified above has elapsed, a new permit application may be submitted to the Development Department. This renewal application shall also include submittal of an impact analysis which demonstrates mitigating solutions intended to reduce or eliminate the potential for violating the Noise Control Ordinance or otherwise creating off-site nuisance conditions.
(j) The City Commission hereby establishes the following live entertainment permit application fee, a live entertainment permit fee which is computed based upon the date of the Commission's action approving the application, and an annual live entertainment permit renewal fee:
(1) Live entertainment permit application fee $150.00
(2) Annual permit renewal fee $50.00
(k) Live entertainment without a permit is prohibited and violations of these regulations may be enforced by the city as follows:
(1) The City Code Compliance Board shall have jurisdiction to hear and decide cases in which violations of this chapter are alleged, or
(2) The City may enforce the provision of this Code by supplemental Code or Ordinance enforcement procedures as provided by Part 2 of Chapter 162, Florida Statutes, or
(3) The city may prosecute violations of this section by issuance of Notices to Appear for violation of a city ordinance, in which case, the penalty for a violation shall be as follows:
a. First violation - $100.00
b. Second violation within twelve (12) months of adjudication of first violation - $150.00
c. Third violation within eighteen (18) months of adjudication of first violation - $250.00
Each day on which a violation exists shall constitute a separate violation for the purpose of determining the fine, or
(4) The City Attorney, with authorization from the City Commission, may bring suit on behalf of the city to enjoin any violation of this section. (Ord. No. 11-004, § 2, 2-15-11; Ord. No. 12-016, § 2, 10-2-12)
