§ 4-1.401. Definitions.

For the purpose of this article, the following words and phrases shall mean and include:

(a)

"ABC License" means the license issued by the California Department of Alcoholic Beverage Control.

(b)

"Police Chief" means the Police Chief of the City of Modesto, or his or her designee.

(c)

"City" means the City of Modesto.

(d)

"City Manager" means the City Manager of the City of Modesto, or his or her designee.

(e)

"Dance and dancing" means movement of the human body, accompanied by music or rhythm.

(f)

"Entertainment" or "entertainment establishment" means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen, or participate or that is conducted for the purposes of holding the attention of, gaining the attention of or diverting or amusing guests or patrons, and that is not exempted by this article, including, but not limited to:

(1)

Presentations by single or multiple performers, such as hypnotists, mimes, comedians; musical song or dance acts, plays, concerts, any type of contest; sporting events, exhibitions, carnival, rodeo or circus acts, demonstrations of talent, shows, reviews and any other such activity which may be attended by members of the public;

(2)

Dancing to live or recorded music.

(g)

"Entertainment Commission" and "Commission" means the Modesto Entertainment Commission, and includes, where appropriate, the Permit Administrators and other staff designated by the City Manager to perform the functions of the Commission specified by this article, the Modesto Municipal Code, or other applicable law.

(h)

"Operations plan" means a plan that: (1) provides the number of patrons anticipated to attend the event and the number of security guards, (2) plans on how to secure a perimeter around the establishment that will prevent injury to persons and/or damage to property, (3) provides for the orderly disbursement of persons and traffic from the entertainment establishment or special event, (4) the identity of the manager or managers who shall be on the premises during any hours of operation, and (5) the amount of parking, both on-site and off-site, to be provided. The Entertainment Commission, in consultation with the appropriate City departments, such as, Police and Fire, shall develop rules and regulations implementing this article.

(i)

"Operator" means any person operating an entertainment establishment in the City of Modesto, either directly or indirectly, including, but not limited to, the owner or proprietor of such premises, lessee, sublessee, mortgagee in possession, permittee or any other person operating such place of entertainment or amusement.

(j)

"Permit" means a conditional authorization from the City to own, conduct, operate, maintain, or participate therein, an entertainment establishment.

(k)

"Permittee" means a person, persons, or business entity that has been issued a permit as provided in this article.

(l)

"Permit Administrator" means the Permit Administrator who serves as staff to the Modesto Entertainment Commission, as appointed by the City Manager.

(m)

"Person" means any person, individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit excepting the United States of America, the State of California, and any political subdivision of either thereof.

(n)

"Public dance" means any dance to which members of the public may gain admittance under any of the following circumstances:

(1)

Payment of any type of fee, dues, or charge for admission whatsoever, whether collected in advance of the event at which dancing is conducted or whether collected during said event;

(2)

Payment for entrance or attendance at an event at which dancing is conducted by purchase of tickets, dues, fees, or other admission devices;

(3)

Dances conducted or given in connection with the sale of food or beverages in restaurants, bars, cafes, or hotel dining rooms to which the general public is admitted;

(4)

Dances conducted in connection with the provision of other amusement or entertainment for profit.

"Public dance" also means and includes, but is not limited to, the presentation of prerecorded or live music, whether advertised or referred to as a dance, concert, festival, "battle of the bands" or any other presentation or event involving public dancing conducted or operated by the management of a hotel, restaurant, bar or cafe, or any agent, employee, representative or concessionaire of such person or entity. "Public dance" does not include on stage live performances where patrons are not dancing.

(o)

"Public dance hall" means a room, ballroom, patio, garden, space, area, premises or place which is part of a permanent building, structure or installation designed, maintained or operated for dancing or with an improved surface suitable for dancing, including, but not limited to, such areas located in a hotel, restaurant, bar or cafe.

(p)

"Reasonable efforts" means the provision of an adequate number of licensed security personnel, the adoption and posting of operating policies that are consistent with the requirements of this article and the permit and the adherence to those policies, the documented training of employees in the carrying out of the establishment operating policies, notifying the police of apparent criminal activity, and the taking of all additional measures, consistent with sound business judgment, necessary to accomplish the required result.

(q)

"Responsible person" means the officers, managers, or members with a right of possession or use of the establishment, that are responsible for the management of business, special event, activity or gathering.

(r)

"Special event" means an anticipated gathering of persons on or adjacent to public property or roadways that is likely to require police services, fire services, toilet facilities, traffic control, exclusive of residential traffic control, the availability of potable water or other City services to protect the health, safety and welfare of participants, neighbors or other persons likely to be affected by the event, including but not limited to spontaneous gatherings on Halloween, Fat Tuesday, X Fest, St. Patrick's Day and New Year's Eve, and where all of the following circumstances exist:

(1)

Entertainment will only be offered for a limited period of time, not to exceed five (5) days;

(2)

The entertainment is not a recurring or regularly scheduled event or celebration.

If a business that currently holds an entertainment establishment permit wants to conduct an event outside the four (4) walls of their establishment, then they must secure a special event permit.

(s)

"Theater" means any establishment where regular sporting events, concerts, motion picture screenings or theatrical performances are given, usually on a stage, and usually with ascending row seating or some arrangement of permanent seating.

(Ord. 3492-C.S., § 1, effective 8-1-08)