An “incidental activity permit” is issued upon approval by the director to allow specific types of live entertainment in businesses licensed for the on-premises consumption of alcoholic liquor. For the purposes of this chapter, “live entertainment” has the meaning ascribed to it pursuant to Title 30 of this code.
(a) It is unlawful for any business licensed for the on-premises consumption of alcoholic liquor to conduct, allow, or continue to conduct or allow live entertainment on their premises without first obtaining an incidental activity permit pursuant to this chapter. For those applicants licensed subsequent to the adoption of the ordinance codified in this chapter these provisions become immediately effective, and those licensees who conducted or allowed live entertainment on their premises prior to the adoption of the ordinance codified in this chapter must obtain an incidental activity permit before July 1, 2006;
(b) Notwithstanding the above, no resort hotel liquor licensee, liquor licensee at a resort hotel, or adult entertainment cabaret licensee with a liquor license shall be required to obtain an incidental activity permit, as those uses are inherent in the business licenses issued pursuant to Titles 6, 7 and 8 of this code;
(c) The application for such permit shall be submitted to the department of business license and shall be approved prior to any event/activity occurring on the premises;
(d) All applications require approval and signature from a representative of the department of development services, current planning division, and must include a complete description of the type of activity requested as well as a diagram of the premises depicting the specific location of that activity in the business;
(e) The permit must be available for inspection by representatives of the department of business license at all times the licensee is open for business;
(f) A nonrefundable administrative processing and department investigative fee of one hundred fifty dollars will be required for processing each incidental activity permit or change to an existing permit;
(g) Incidental activity permits are valid only for the type of activity approved by the director and printed on the permit, only for the location listed on the permit, and only valid for the ownership of the business as it is identified on the permit. Licensees may apply to change or add to the type of activity permitted at the licensed premises by completing a new application and submitting new fees. New licensees taking over upon a change of ownership of an existing business must apply for a new incidental activity permit pursuant to this section;
(h) Notwithstanding the above, the fees for an incidental activity permit may be waived by the director for any licensee who has no more than one event per liquor license renewal period. (L-233-06 § 3, 2006)