§ 4-1.602. Permit May Be Applied For.

The owner or operator of a place of business described in Section 4-1.601 hereof desiring to provide live music or live entertainment after 12:00 midnight up to 2:00 a.m. may apply to the Chief of Police for a permit to do so. The Chief of Police shall thereupon investigate the premises and location thereof and if he finds that said premises are located or constructed in such a manner that the playing of music or presentation of entertainment will not disturb surrounding residents he may grant such permit. Such permit may be revoked by the Chief of Police at any time when the music or entertainment disturbs the peace and quiet or becomes offensive to the surrounding or nearby residents. If such permit is revoked the establishment shall not play or permit music to be played or entertainment of a noisy character to be carried on after the hour of 12:00 midnight.

If the Chief of Police refuses to issue a permit, the applicant within thirty (30) days thereafter may appeal in writing to the Council, which shall hear the matter; and the Council shall either grant said permit or refuse the same if in its discretion it finds that the premises are not a proper place for said music or entertainment. If the Chief of Police revokes a permit, the same right of appeal shall be granted to the applicant.

(Ord. 945-N.S, § 2, amended by Ord. 1856-C.S., § 1, effective 8-23-79)