5.10.010 Definitions.
As used in this chapter, the words and phrases defined in this section shall have the following meanings:
“Club premises” means any place where an entertainment club is operated or maintained and includes all hallways, bathrooms, parking areas and other adjacent portions of the premises which are accessible to the public during operating hours.
“Entertainment” means a single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which patrons are invited or allowed to watch, listen, or participate, and is conducted for the purpose of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons, including:
(1) Presentations by single or multiple performers, such as musical song and dance acts, plays, concerts, demonstrations of talent, shows, reviews and other such activities;
(2) Dancing to live or recorded music;
(3) Prerecorded music played on equipment which is operated by an agent or contractor, commonly known as “DJ” or “disc jockey.”
“Loiter” means remaining idle in essentially one location, to be dilatory, to tarry, to dawdle and shall include but be not limited to standing around, hanging out, sitting, kneeling, sauntering and prowling.
“Patron(s)” means a member or members of the public who enter an entertainment club, except:
(1) Any agent, owner, employee or contractor of a warehouse entertainment club. Any person who indirectly or directly receives anything of value in exchange for his or her services rendered on behalf of such establishment shall be considered an “employee” hereunder;
(2) Any agent or representative of any governmental entity of any description whatsoever, including ad hoc boards, task forces, and commissions, provided that such agent or representative enters an establishment acting in his or her official capacity on behalf of said governmental entity;
(3) Persons who perform or conduct entertainment at warehouse entertainment clubs.
“Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
“Photo identification” means a valid driver’s license or photo identification issued by the person’s state of residence or current school identification card showing the age of the person.
“Probable cause” means reasonable grounds for belief in the existence of facts warranting proceedings to suspend or revoke a license.
“Private entertainment event” means any music, singing, dancing or other similar entertainment event, or series of events, which is not open to the public, but is conducted in a warehouse entertainment club.
“Specified anatomical areas” shall be defined as in Section 9.13.020(2)(b) of this Municipal Code.
“Specified sexual activities” shall be defined as in Section 9.13.020(2)(a) of this Municipal Code.
“Warehouse entertainment club” means a commercial premise offering entertainment to patrons with a maximum occupancy load exceeding 350 people. Maximum occupancy shall be determined by the Director of Development Services by consulting the City’s building codes, fire and life safety codes, and the Unified Development Ordinance. (Ord. 01-41 § 1, 2001.)