§ 9-193. Public entertainment; definition; permit required; hours of operation

(1) Public entertainment means an ongoing activity or business, occurring alone or as part of another business, to which the public is invited to watch, listen or participate, including, but not limited to, the following:

(a) Live music or other live performances, including plays, concerts, contests, sporting events, exhibitions, shows, chautauquas, or similar activities, which will be attended by participants and/or spectators.

(b) Live or recorded music where public dancing is permitted.

(c) For purposes of this article, "public dancing" means a gathering of persons in or upon any premises where dancing is permitted, either as the main purpose for such gathering or as an incident to some other purpose, and to which premises the public is admitted. "Public dancing" shall also include dancing at special events, dancing clubs, dancing schools and private dances, all where the public is admitted; provided, however, that dancing by the occupants of and guests at a private residence shall not be considered public dancing as defined herein, and no permit shall be required.

(d) Public entertainment shall not include the following:

1. Any religious activities taking place on premises regularly used for religious purposes.

2. Any activities or events held or conducted by or on behalf of the City of Costa Mesa, a public or private school, college or school district, the State of California conducted on property owned, used, or leased by the entity or its sponsor.

3. Any activity or event that comes within the provisions of this Article solely by reason of its taking place on property owned or occupied by the City of Costa Mesa where the persons or organizations holding or conducting the event shall have obtained a permit pursuant to title 12 from the department of community services, except when one hundred (100) or more persons are in attendance at the event.

4. Any activity which may involve free speech for which a permit has been obtained pursuant to section 9-199(9).

(2) It shall be unlawful for any person to hold, engage in, or conduct, within the City of Costa Mesa, any public entertainment subject to the provisions of this article and not expressly exempt hereunder without having obtained a valid permit issued pursuant to the provisions of this article for public entertainment.

(3) It shall be unlawful for any person to hold or conduct any public entertainment subject to the provisions of this article between the hours of 11:00 p.m. and before 7:00 a.m., unless under roof.

(4) The holding or conducting of any public entertainment subject to the provisions of this article without a valid permit issued pursuant to the provisions of this article, unless expressly exempt hereunder, is hereby declared a public nuisance.

(Ord. No. 95-13, § 2, 9-18-95)