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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

CHAPTER I.
RESERVED

Editor's note--Ord. No. NS-500.7, §§ 1, 2, adopted June 26, 1975, specifically amended Div. B3 by repealing former Ch. II, §§ B3-11--B3-19, B3-21--B3-23, and adopting in lieu thereof new Ch. II, §§ B3-11--B3-31, as herein set out. Former Ch. II pertained to the same subject matter and had been derived from Code 1954, §§ 5.1.1-1--5.1.1-9, 5.1.1-11, 5.1.1-12; Ord. No. NS-500.1, § 1, 5-10-71; Ord. No. NS-500.2, § 1, 7-9-74; and Ord. No. NS-500.6, §§ 1--3, adopted Aug. 26, 1975. Subsequently, § 1 of Ord. No. NS-500.8, adopted Sept. 24, 1979, repealed Ch. II in its entirety; and § 2 of the ordinance enacted new §§ B3-11, B3-12.

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Sec. B3-11. "Cardroom" defined.

For the purposes of this chapter, "cardroom" shall mean any building or structure, or any portion thereof, or any premises or place wherein, in return for any fee, charge or other compensation, any person or persons are permitted to play any game played with cards for money or other thing of value, or for checks, credit or other representative of value, including but not limited to draw poker, low-ball poker, or panguingue, but excepting bridge and whist.

(Ord. No. NS-500.8, § 2, 9-24-79)

Sec. B3-12. Cardrooms prohibited.

It shall be unlawful for any person to establish, maintain, manage or operate any cardroom or permit or suffer any cardroom to be established, maintained or operated upon or within any building, structure, premises or place owned, occupied or controlled by such person.

(Ord. No. NS-500.8, § 2, 9-24-79)

Secs. B3-13--B3-33. Reserved.

CHAPTER III.
PUBLIC DANCES*

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Editor's note--Section 1 of Ord. No. NS-502.6, enacted Oct. 21, 1986, repealed former Ch. III, §§ B3-34--B3-50, and § 2 of the ordinance enacted, in lieu thereof, a new Ch. III as herein set forth. The repealed provisions, which also pertained to public dances, derived from §§ 5.1.3-1--5.1.3.14 of the 1954 Code, as amended by Ord. No. NS-502.2, enacted Sept. 4. 1962; Ord. No. NS-502.3, enacted March 24, 1981; Ord. No. NS-502.4, enacted May 19, 1981; and Ord. No. NS-502.5, enacted March 19, 1985. Subsequently, Ord. No. NS-502.7, § 1, adopted Sept. 14, 2004, amended Ch. III, in its entirety, to read as herein set out in §§ B3-34--B3-48. Prior to inclusion of said ordinance, Ch. III pertained to similar subject matter. See also the Code Comparative Table.

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Sec. B3-34. Definitions.

For the purposes of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section.

(a) Public dance means any dance to which the general public is admitted upon the payment of any fee or charge of admission whatsoever, or for which tickets, invitations or other admission devices are sold or offered for sale, or which is given or conducted in connection with the sale of food in restaurants, taverns, cafes or hotel dining rooms to which the general public is admitted, or given or conducted in connection with the provisions of other amusement or entertainment for profit. Excluded are dances conducted by schools, educational, social, fraternal, religious or charitable organizations if such dances are not open to the general public and dance exhibitions or performances.

(b) Public dance hall means any hall, room or place in which a public dance is held.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-35. License required.

No person, partnership, association, corporation or other entity shall give or conduct a public dance in the unincorporated area of the County without first obtaining a license from the Zoning Administrator.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-36. Classification of licenses.

Dance licenses shall be classified as follows:

Class "A"--Regularly scheduled dances: Licenses authorizing the conducting of two or more public dances on a regularly scheduled basis in specifically designated locations open to the general public for such dance purposes.

Class "B"--Single event dances: Licenses authorizing the conducting of public dances, other than those covered by Class "A" hereunder.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-37. Application for license or renewal.

A written application for a license required by this chapter and any renewal thereof shall be filed with the Planning Office at least 60 days prior to the proposed date of the first dance or expiration of a current license. The Zoning Administrator may, depending upon unusual circumstances and in compliance with all required notice requirements, waive the application time limits and accelerate the process set forth herein. The application shall be accompanied by an application fee in an amount established by resolution of the Board of Supervisors. Such application shall contain all of the following:

(a) The full name, present address, telephone number, birthdate and driver's license number of the applicant, and if the applicant is a partnership or other association, the names, addresses, telephone numbers, birthdates and driver's license numbers of the managing partners thereof, and if the applicant is a corporation, the names, addresses, telephone numbers, birthdates and driver's license numbers of the officers and directors thereof. The address and telephone number of the principal place of business of the applicant shall also be included in the application.

(b) The number, dates, and hours of the dances to be held under the license.

(d) A statement that the applicant either:

(1) Owns the premises on which the dance or dances shall be conducted; or

(2) Leases such premises, in which event the name, address and telephone number of the owner of the premises and a copy of the lease shall be provided.

(e) Any further information as may be required by the Zoning Administrator.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-38. Summary license issuance.

Upon the filing of a complete application and payment of the license fee, the Planning Office shall refer the application to the Zoning Administrator. The Zoning Administrator shall either approve the application and issue the license, or notify the applicant that a referral and public hearing pursuant to Section B3-39 is required. A public hearing is required when the Zoning Administrator, on the basis of the complete application and supporting documentation, cannot determine with reasonable certainty all of the following:

(a) That the applicant is fit to possess a license; and,

(b) That the proposed dance will not pose a health or safety threat; and

(c) That the dance and associated activities will not create a substantial negative impact upon the surrounding neighborhood.

If a dance license is summarily approved under this section, the license may contain restrictions and conditions pursuant to Section B3-40(d).

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-39. Referral, notice and hearing.

(a) If a public hearing is required, the Planning Office shall refer the application to the Sheriff, the Department of Environmental Health with respect to health and sanitary conditions, the Building Official and Fire Marshal with respect to fire hazard and life safety, and to any other persons, entities or agencies deemed appropriate for their investigation and recommendation.

(b) The Zoning Administrator shall set the time and place for public hearing on each application for a dance license, which hearing shall be held no later than 45 days following a determination that the application is complete. Notice of the hearing shall be mailed at least ten days prior to the hearing to the applicant on the address provided on the application, the property owner if the premises are not owned by the applicant, all owners of real property located within 300 feet of the premises where the dance is proposed to be conducted, and any other person who has filed a written request for notice.

(c) Each applicant and any other interested person shall have the opportunity to review all records, papers, files and any other evidence relating to the application for a dance license, except background information on individuals, at least five days prior to the time set for public hearing on such application.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-40. Action by the Zoning Administrator.

(a) At the time and place set for public hearing on the application for a dance license or renewal thereof, the Zoning Administrator shall consider the recommendations of the Sheriff and the County officials investigating the license pursuant to Section B3-39(a) and all records, papers, files and any other relevant evidence. The Zoning Administrator shall either continue the hearing, hold the matter under advisement, or render a decision granting or denying the license.

(b) The Zoning Administrator may refuse to issue a dance license or grant a renewal thereof after consideration of the application, the recommendations of the Sheriff and the County officials investigating the license pursuant to Section B3-39(a), and any other relevant papers, records and files, on any of the following grounds:

(1) That the dance or associated activity would be injurious to the public health, safety or welfare; or

(2) That the proposed mode of operation of the dance is not in compliance with the provisions of this chapter or any other law, regulation or ordinance; or

(3) The person or organization applying for the license, or any officer or managing partner thereof, or any owner of the real property upon which the dance is proposed to occur has previously violated the provisions of this chapter, or any similar ordinance, law, rule or regulation of the County or another public agency which regulates the operation of public dances; or

(4) That the applicant knowingly made a material misstatement of fact in the license application.

(c) The Zoning Administrator shall deny a license application if a potential fire hazard or threat to life safety exists in the premises where the dance is proposed to be conducted.

(d) If the license or renewal thereof is approved, the Zoning Administrator may include such restrictions and conditions in the license as are reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter or any other laws, regulations or ordinances, including, without limitation, the frequency of dances, hours of operation, days of the week upon which dances may be held, maximum number of participants and parking requirements.

(e) Upon approval or denial of a dance license or renewal thereof, the Zoning Administrator shall prepare and forward to the applicant a written notice of the decision and a statement of any conditions attached to the license. A copy of the notice shall be sent to the Sheriff and the County officials investigating the application pursuant to Section B3-39(a). The Zoning Administrator's decision shall not become final until the 15-calendar-day period in which an appeal may be made to the Board of Supervisors has elapsed without an appeal having been filed.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-41. Appeal.

(a) Within 15 calendar days after the decision of the Zoning Administrator on an application for a dance license or renewal thereof pursuant to a public hearing, any person dissatisfied with such decision may appeal the decision to the Board of Supervisors by filing an application with the Planning Office. The appeal application shall be accompanied by a nonrefundable fee in an amount established by resolution of the Board of Supervisors. A copy of the appeal application shall be forwarded to the Sheriff, the Zoning Administrator and the County officials investigating the applicant pursuant to Section B3-39(a).

(b) The Clerk of the Board of Supervisors shall fix the time and place for the appeal to be heard by the Board of Supervisors. Notice of the hearing shall be mailed, at least ten days prior to the hearing, to all owners of real property located within 300 feet of the premises where the dance is proposed to be conducted, the appellant, the license applicant, the owner of the premises if the applicant or appellant is not the owner, and any other person who has filed a written request for notice.

(c) A hearing date for the appeal to be heard by the Board of Supervisors shall be set within 30 days after filing of the appeal.

(d) The Zoning Administrator shall transmit to the Clerk of the Board of Supervisors all records, minutes, papers and files that constitute the record in the action from which the appeal is made.

(e) The Board of Supervisors shall hear and decide the dance license or renewal application as if no other hearing had been held, and may approve, deny or conditionally approve the application. The decision of the Board on an appeal is final.

(f) The Clerk of the Board of Supervisors will inform the appellant, the applicant, the Planning Office, the Sheriff and the County officials investigating the application pursuant to Section B3-39(a) whether the appeal has been granted or denied.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-42. Issuance of license.

Following the grant of a dance license or renewal thereof and, in the case of approval by the Zoning Administrator after a public hearing, the lapse of the 15-calendar-day period in which to appeal such grant with no appeal having been filed, the Planning Office shall issue a license.

Class "A" licenses shall not be issued for a period longer than one year. An unrevoked Class "A" license may be renewed for a one-year period on written application made at least 60 days before the permit expires.

Class "B" licenses shall not be issued for a period longer than 72 hours and are not renewable.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-43. Licenses nontransferable.

Licenses granted under this chapter shall not be transferable, either as to the licensee or the location. Any attempt to transfer the license shall automatically render the license invalid.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-44. Summary suspension of license.

Whenever it appears to the Sheriff or designee or any authorized representative of the County that the holder of a dance license is conducting a dance or related activities in violation of any provision of this chapter, this Code or federal or state law and such violation endangers public health or safety, the Sheriff or designee may summarily suspend the dance license and order the holder of the license to immediately cease and desist conducting dances. Following issuance of such order and within 30 days thereafter, a hearing to revoke, conditionally reaffirm, or reaffirm the license shall be held in accordance with Section B3-45. Any license holder whose dance license is suspended pursuant to this section shall not conduct dances unless and until the, Zoning Administrator, or the Board of Supervisors on appeal, reaffirms or conditionally reaffirms the license under Section B3-45. The Sheriff or designee or the authorized County official shall prepare and forward a report on a suspension pursuant to this section to the Zoning Administrator prior to the hearing.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-45. Revocation, reaffirmation or conditional reaffirmation.

Any license issued under this chapter may be conditionally reaffirmed, reaffirmed or revoked on the Zoning Administrator's own motion or based on a referral from the Board of Supervisors, the Sheriff, the District Attorney or any other County officer or department head to the Zoning Administrator. Except as provided in Section B3-44 above, a public hearing on the revocation, reaffirmation or conditional reaffirmation shall be held and notice thereof shall be given in accordance with Section B3-39. The Zoning Administrator may revoke or conditionally reaffirm any dance license on one or more of the following grounds:

(a) That the license was obtained by fraud; or

(b) That any person making use of the license is violating or has violated any conditions of the license; or

(c) That the detriment to the public health or safety, or the nuisance arising from dances conducted pursuant to the license or from changed circumstances necessitates the revocation of the license or the modification of or addition to license conditions; or

(d) That an inadvertent error or omission in establishing the original conditions requires modifying or adding to the license conditions, but a license shall not be revoked because of such error or omission.

An appeal to the Board of Supervisors from the decision of the Zoning Administrator under this section may be made within 15 calendar days after the decision and in accordance with the procedures in Section B3-41.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-46. Posting of license.

A public dance license shall be posted in a conspicuous place in the premises where a public dance is conducted.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-47. Security personnel required at Class "B" dance.

No person shall operate any public dance under a Class "B" license unless there are an appropriate number, as determined by the Sheriff, of licensed private security personnel in attendance for the duration of the event.

(Ord. No. NS-502.7, § 1, 9-14-04)

Sec. B3-48. Intoxicated persons.

It shall be the duty of every person conducting a public dance and their agents and employees to, immediately upon the request of a police officer or Deputy Sheriff, exclude from the public dance hall any person who is obviously intoxicated.

(Ord. No. NS-502.7, § 1, 9-14-04)

Secs. B3-49--B3-61. Reserved.

CHAPTER IV.
PINBALL MACHINES*

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State law reference(s)--Gaming, Penal Code § 330 et seq.

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Sec. B3-62. Payoff prohibited.

Every person having in his possession or under his control, either as owner, lessee, mortgagee, agent, employee or otherwise, any pinball or marble machine, who pays to or causes to be paid to the user thereof any money, credit, allowance or thing of value, other than additional chances or free plays, or any check, slug, token or memorandum entitling the holder to receive any money, credit, allowance or thing of value as a result of any element of chance or skill in the operation of said machine, is guilty of a misdemeanor.

(Code 1954, § 6.3.2-1)

Sec. B3-63. Reserved.

Editor's note--Ord. No. NS-608.1, § 1, adopted March 28, 1972, repealed provisions codified herein as former § B3-63 pertaining to permitting operation by person under 18 years of age. Former § B3-63 was derived from: Code 1954, § 6.3.2-2.

Sec. B3-64. Confiscation of machine.

(a) In addition to the penalty provided by this Code, any pinball or marble machine may be seized by any law enforcement officer of the State, and notice of intention summarily to destroy such machine must thereupon be posted in a conspicuous place upon the premises in or upon which such machine was seized. Such machine shall be held by such officer for 30 days after such posting, and if no action is commenced to recover possession of such machine within such time, the same shall be summarily destroyed by such officer; or if such machine is held by the court in any civil or criminal action to have been used in violation of this article, the same shall be destroyed by such officer immediately after the decision of the court has become final.

(b) Any and all money seized in or in connection with such machine immediately after such machine has been seized, is to be paid into the treasury of the County, and upon said machine being destroyed in accordance with the foregoing provisions of this chapter, is to be credited to the general fund; otherwise to be returned to the person who was in possession of said machine when it was seized.

(Code 1954, § 6.3.2-3)

State law reference(s)--Seizure of devices, Penal Code § 335a.

Sec. B3-65. Provisions supplementary to state law.

The provisions of this chapter are not intended to conflict with, but shall supplement all laws of the State of California prohibiting lotteries, gaming or gambling.

(Code 1954, § 6.3.2-4)

Secs. B3-66--B3-74. Reserved.

CHAPTER V.
BINGO*

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Editor's note--Section 1 of Ord. No. NS-519.3, enacted Oct. 28, 1986, repealed former Ch. V, §§ B3-75--B3-110 and § 2 of the ordinance enacted, in lieu thereof, a new Ch. V as herein set forth. The repealed provisions, which also pertained to bingo, derived from Ord. No. NS-519, § 1, enacted Nov. 16, 1976, as amended by Ord. No. NS-519.1, enacted Jan. 18, 1977 and Ord. No. NS-519.2, enacted July 18, 1977. Subsequently, Ord. No. NS-502.7, § 2, adopted Sept. 14, 2004, amended Ch. V, in its entirety, to read as herein set out in §§ B3-75--B3-107. Prior to inclusion of said ordinance, Ch. V pertained to similar subject matter. See also the Code Comparative Table.

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Sec. B3-75. Authority.

Pursuant to Section 19(c) of Article IV of the California Constitution and California Penal Code § 326.5, the County of Santa Clara establishes the following requirements for the conduct of bingo games in the unincorporated area of the County.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-76. Definition.

As used in this chapter, "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. The game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend: "For sale or use only in a bingo game authorized under California law and pursuant to local ordinance."

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-77. Organizations permitted to conduct bingo games.

No person, organization or other entity shall be permitted to conduct bingo games in the unincorporated area of the County unless such person, organization or other entity:

(1) Possesses a valid certificate or letter from the Franchise Tax Board evidencing that they are exempted from the payment of the bank and corporation tax by Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 237011; or

(2) Is a mobile home park association; or

(3) Is a senior citizens' organization.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-78. Minors.

No minors are allowed to participate in any bingo game.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-79. Open to the public.

All bingo games shall be open to the public, not just to the members of the organization to which a license has been issued pursuant to this chapter.

No person who is obviously intoxicated shall be allowed to participate in a bingo game.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-80. Staffing and operation.

A bingo game shall be operated and staffed only by members of the organization holding the license authorizing the game. The organization's members shall not receive a profit, wage or salary from any bingo game. Any person operating or staffing a bingo game shall wear an identification badge which is clearly visible and states the person's full name and function at the bingo game. Only an organization authorized to conduct a bingo game by license issued pursuant to this chapter shall operate a bingo game or engage in the promotion, supervision, or any other phase of a bingo game. This section does not preclude the employment, by an organization holding a bingo license, of licensed security personnel, members of law enforcement agencies or other persons approved by the Sheriff who are not members of the organization, to serve as security personnel at bingo games.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-81. No profit, wage or salary.

No person shall receive a profit, wage, salary, or other income from any bingo game, except for a bona fide prize received as a participant in a bingo game or for wages or salaries paid to security personnel hired in connection with a bingo game by the organization sponsoring the game.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-82. Where bingo may be conducted.

An organization authorized to conduct bingo games shall conduct bingo games only on property owned or leased by it or donated to it and which property is used by the organization for an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by, or the use of which is donated to the organization, be used or leased exclusively by or donated exclusively to that organization. If bingo games are conducted in a residential zoning district, no more than one bingo license may be issued for bingo games at any one location.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-83. Bingo equipment.

All equipment used in the operation of bingo games must be owned by the organization authorized by license to conduct the bingo games.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-84. Financial interest.

No individual, corporation, partnership, or other entity, except the organization authorized by license to conduct a bingo game, shall hold a financial interest in the conduct of a bingo game.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-85. Proceeds.

Receipts from a bingo game must be used only for charitable purposes except as otherwise provided in this section. For the purposes of this chapter, the term "charitable purposes" means purposes that benefit the public interest. All proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Proceeds shall be used only for charitable purposes except as follows:

(a) Subject to the limitations in Section B3-87, proceeds may be used for prizes to be awarded at authorized bingo games.

(b) A portion of the proceeds, not to exceed 20 percent of the total proceeds before deduction for prizes, or $1,000.00 per month, whichever is less, may be used for:

(1) Rental of the property upon which the authorized bingo games are conducted;

(2) The purchase of bingo equipment;

(3) Wages for security personnel hired in connection with an authorized bingo game; or

(4) Any combination of (b)(1) through (b)(3) so long as the total expenditure does not exceed 20 percent of the total proceeds before deduction for prizes, or $1,000.00 per month, whichever is less.

(d) The exemptions from the restrictions on use of proceeds in sections B3-85(a) through B3-85(c) do not apply to organizations exempt from payment of the bank and corporation tax under Revenue and Taxation Code § 23701d.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-86. Records.

Each organization conducting a bingo game shall maintain detailed records of all proceeds, expenditures, prizes and other expenses associated with the operation of a bingo game. These records shall be retained for the period of time required by state and federal law, but in no event for less than three years. These records shall be used in preparing the reports required pursuant to Section B3-100.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-87. Total value of prizes.

The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 in cash or kind for each separate game held.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-88. Physical presence at bingo game required.

No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place the bingo game is being conducted.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-89. Hours of operation.

All bingo games must be conducted between the hours of noon to midnight, and are subject to any additional limitations on hours of operation as may be specified in the bingo license. No license may authorize bingo games to be held on more than two days in any seven-day period.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-90. Parking.

The Zoning Administrator may require that adequate off-street parking be provided for bingo game participants. If a parking requirement is imposed, the organization sponsoring and the persons responsible for the operation of a bingo game shall have an affirmative duty to require players to use off-street parking and may deny admission to a bingo game of any person not complying with the parking requirements.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-91. License required.

No person or organization may conduct a bingo game without first obtaining a license from the Zoning Administrator.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-92. Application for license and renewal.

A written application for a bingo license or any renewal thereof shall be filed with the Planning Office at least 90 days prior to the proposed date of the first bingo game or the expiration date of a current license. The Zoning Administrator may, depending upon unusual circumstances and as long as all required notice requirements are complied with, waive the application time limits and accelerate the process set forth herein. Such application shall be (i) signed by the president and secretary of the organization proposing to conduct the bingo games and the owners of the premises upon which the games are proposed to be conducted, if the premises are not owned by the organization, (ii) verified in accordance with California Code of Civil Procedure provisions specifying the method of verification of pleadings in a civil action, and (iii) accompanied by an application fee in an amount established by resolution of the Board of Supervisors. The application shall contain all of the following:

(a) The name of the organization, the address and telephone number for its principal place of operation, and the name, address, date of birth and driver's license number of each officer of the organization.

(b) The proposed days and hours of operation of bingo games.

(c) If the organization is permitted to conduct bingo games pursuant to section B3-77(1), a copy of a certificate or letter from the Franchise Tax Board evidencing the exemption of the organization from the payment of the bank and corporation tax under the appropriate section of the California Revenue and Taxation Code. If the applicant is a mobile home association or senior citizens association, a copy of the association's articles, charter or bylaws must be attached.

(d) The address and assessor's parcel number of the premises where bingo games will be conducted.

(e) A statement that the organization either:

(1) Owns the premises on which the bingo games will be conducted; or

(2) Leases the premises on which the bingo games will be conducted, in which event the name, address and telephone number of the owner of the premises shall be specified and a copy of the lease must be provided; or

(3) Has received a donation of the use of the premises, in which event the name, address and telephone number of the owner and donor shall be specified and a copy of the document authorizing the use of the premises must be provided.

(f) The name, address and telephone number of the person responsible for preparing the report required pursuant to Section B3-99.

(g) The names of any other organizations using the same premises for the conduct of bingo games and the days and hours of operation of those other bingo games.

(h) A statement of ownership of all bingo equipment used in the operation of bingo games.

(i) A signed statement consenting to and authorizing any duly authorized representative of the County to inspect, upon demand during normal business hours while a bingo license is in effect and for a period of three years thereafter, any and all books, records, reports and accounts maintained pursuant to this chapter or in connection with bingo games or to inspect the premises where the bingo games are to be conducted.

(j) The name, address, telephone number, date of birth and driver's license number of the persons responsible for the operation of the bingo games.

(k) The total number of bingo games the applicant intends to conduct under the license.

(l) Such further information as may be required by the Zoning Administrator.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-93. Summary license issuance.

Upon the filing of a complete application and payment of the license application fee, the Planning Office shall refer the application to the Zoning Administrator. The Zoning Administrator shall either approve the application and issue the license, or notify the applicant that a referral and a public hearing pursuant to Section B3-94 is required. A public hearing shall be required when the Zoning Administrator, on the basis of the complete application and supporting documentation, cannot determine with reasonable certainty all of the following:

(a) That the applicant is fit to possess a license; and,

(b) That the proposed bingo location will not pose a public health or safety threat; and

(c) That the bingo game and associated activities will not create a substantial negative impact upon the surrounding neighborhood.

If a bingo license or renewal is summarily approved under this section, the license or renewal may contain restrictions and conditions pursuant to Section B3-95(d).

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-94. Referral, notice and hearing.

(a) If a public hearing is required, the Planning Office shall refer the application to the Sheriff, the Department of Environmental Health with respect to health and sanitary conditions at the game location, the Building Official and Fire Marshal with respect to fire hazard and life safety at the game location, and any other persons, entities or agencies deemed appropriate for their investigation and recommendation.

The Sheriff shall have the authority to obtain background information for each person operating or assisting in the operation of a bingo game for purposes of the investigation. If the Sheriff finds that any of the operators or persons assisting in the operation of a bingo game has been convicted within the past five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude, the Sheriff may recommend that the license not be issued.

(b) The Zoning Administrator shall set the time and place for public hearing on each application for a bingo license or renewal thereof, which hearing shall be held no later than 45 days following a determination that the application is complete. Notice of the hearing shall be mailed at least ten days prior to the hearing to the applicant at the address provided on the application, to the property owner if the premises are not owned by the applicant, to all owners of real property located within 300 feet of the premises where the bingo games are proposed to be conducted, and to any other person who has filed a written request for notice.

(c) Each applicant and any other interested person shall have the opportunity to review all records, papers, files and any other evidence relating to the application for a bingo license or renewal thereof, except background information on individuals, at least five days prior to the time set for public hearing on the application.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-95. Action by the Zoning Administrator.

(a) At the public hearing, the Zoning Administrator shall consider the recommendations of the Sheriff and the County officials investigating the license pursuant to Section B3-94(a), all records, papers, files and any other relevant evidence, and whether the use complies with the County Zoning Ordinance and all other applicable laws, regulations and ordinances. The Zoning Administrator shall either continue the hearing, hold the matter under advisement, or render a decision granting or denying the license.

(b) The Zoning Administrator may refuse to issue a bingo license or grant a renewal thereof, after consideration of the application, the recommendations of the Sheriff and the County officials investigating the license pursuant to Section B3-94(a) and any other relevant papers, records and files, on any of the following grounds:

(1) The bingo game or associated activity would be injurious to the public health, safety or welfare; or

(2) The proposed mode of operation of the bingo games is not in compliance with the requirements of this chapter or any other law, regulation or ordinance; or

(3) The organization applying for the license or renewal or any officer or member thereof has previously violated the provisions of this chapter or any similar ordinance, law, rule or regulation of the County or other public agency that regulates the operation of bingo games; or

(4) The applicant knowingly made a material misstatement of fact in the license or renewal application.

(c) The Zoning Administrator shall deny a license or renewal application if a potential fire hazard or threat to public safety exists at the premises where the bingo games are proposed to be conducted.

(d) If the license or renewal is approved, the Zoning Administrator may include such restrictions and conditions in the license as are reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter, including without limitation, the frequency of bingo games, hours of operation, days of the week upon which bingo games may be held, maximum number of participants and parking requirements. In no event shall the Zoning Administrator permit an organization to conduct bingo games on more than two days per site in any seven-day period.

(e) Upon approval or denial of a bingo license or renewal thereof, the Zoning Administrator shall prepare and forward to the applicant a written notice of decision and a statement of any conditions attached to the license. A copy of the notice shall be sent to the Sheriff and the County officials investigating the application pursuant to Section B3-94(a). The Zoning Administrator's decision shall not become final until the 15-calendar-day period in which an appeal may be made to the Board of Supervisors has elapsed without an appeal having been filed.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-96. Appeal.

(a) Within 15 calendar days after the decision of the Zoning Administrator pursuant to a public hearing on an application for a bingo license or renewal thereof, any person dissatisfied with the decision may appeal to the Board of Supervisors by filing an appeal application with the Planning Office. The appeal application shall be accompanied by a nonrefundable fee in an amount established by resolution of the Board of Supervisors. A copy of the appeal application shall be forwarded to the Clerk of the Board of Supervisors, the Sheriff and the County officials investigating the application pursuant to Section B3-94(a).

(b) The Clerk of the Board of Supervisors shall fix the time and place for the appeal to be heard by the Board of Supervisors. Notice of the hearing shall be mailed at least ten days prior to the hearing to all owners of real property located within 300 feet of the premises where the bingo games are proposed to be conducted, the appellant, the license applicant, the owner of the premises if the applicant or appellant is not the owner, and any other person who has filed a written request for notice.

(c) A hearing date for the appeal to be heard by the Board of Supervisors shall be set within 30 days after filing of the appeal.

(d) The Zoning Administrator shall transmit to the Clerk of the Board of Supervisors all records, minutes, papers and files which constitute the record in the action from which the appeal is made.

(e) The Board of Supervisors shall hear and decide the bingo license or renewal application as if no other hearing had been held, and may approve, deny or conditionally approve the application. The decision of the Board on an appeal is final.

(f) The Clerk of the Board of Supervisors will inform the appellant, the applicant, the Planning Office, and the County officials investigating the application pursuant to Section B3-94(a) whether the appeal has been granted or denied.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-97. Issuance of license.

Following the grant of a bingo license or renewal thereof and, in the case of approval by the Zoning Administrator after a public hearing, the lapse of the 15-calendar-day period in which to appeal such grant without an appeal being filed, the Planning Office shall issue a license in accordance with the following provisions of this Section B3-97.

Licenses shall be granted on a calendar-year basis with each license expiring on December 31 of the calendar year issued without proration of fees. Licenses may be renewed for successive one-year periods.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-98. Further investigation by Sheriff.

(a) Any changes as to the staff operating or assisting in the operation of a bingo game or any other changes in the information furnished under Section B3-92 made subsequent to the issuance of a bingo license shall be reported to the Sheriff within ten days after such change or addition for any further investigation which the Sheriff deems necessary and appropriate.

(b) If, after investigation, the Sheriff finds that the changes require suspension or revocation of the bingo license, the Sheriff's determination shall be transmitted to the Zoning Administrator for suspension or revocation of the license.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-99. Filing of reports.

During the term of its bingo license, each organization shall file a monthly report and three copies made under penalty of perjury with the Planning Office containing the following information:

(a) Any changes in or additions to the information required under Section B3-92.

(b) The total amount of money received from the operation of bingo games since the previous report was filed.

(d) Detailed costs to the organization for the operation of bingo games during the period covered by the report.

The monthly reports required pursuant to this section shall be filed no later than the 15th day of the month following the month covered by the report.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-100. Licenses nontransferable.

Bingo licenses granted under this chapter are not transferable, either as to the licensee or the location. Any attempt to transfer a bingo license shall automatically render the license invalid and no further bingo games may be conducted under the license.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-101. Authority to inspect premises and records.

(a) Any authorized representative of the County shall have the authority to inspect the premises where bingo games are conducted in order to ensure that the operation of bingo games at the premises does not constitute a violation of any state or federal law or provision of this Code.

(b) Any authorized representative of the County may inspect all books, records, reports, accounts and bank accounts maintained for funds derived from bingo games of any organization conducting bingo games, whenever deemed reasonable and appropriate to ensure compliance with the provisions of this chapter.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-102. Summary suspension of license.

Whenever it appears to the Sheriff or designee or any authorized representative of the County that the holder of a bingo license is conducting a bingo game in violation of any provision of this Code or federal or state law and such violation may endanger public health or safety, the Sheriff or designee or any authorized representative of the County may summarily suspend the bingo license and order the holder of the license to immediately cease and desist conducting bingo games. Following issuance of such an order and within 30 calendar days thereafter, a hearing to revoke, reaffirm, or conditionally reaffirm the license shall be held in accordance with Section B3-103. The Sheriff or designee or the authorized representative of the County shall forward a report on the suspension to the Zoning Administrator prior to the hearing. Any license holder whose bingo license is suspended pursuant to this section shall not conduct bingo games unless and until the Zoning Administrator, or the Board of Supervisors on appeal, reaffirms or conditionally reaffirms the license under Section B3-103.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-103. Revocation, reaffirmation or conditional reaffirmation.

Any license issued under this chapter may be reaffirmed, conditionally reaffirmed, or revoked on the Zoning Administrator's own motion or based on a referral from the Board of Supervisors, the Sheriff, the District Attorney or any other County officer or department head to the Zoning Administrator. Except as provided in Section B3-102, a public hearing on such revocation, reaffirmation, or conditional reaffirmation shall be held and notice thereof shall be given in accordance with Section B3-94. The Zoning Administrator may revoke or conditionally reaffirm any bingo license on one or more of the following grounds:

(a) That the license was obtained by fraud; or

(b) That any person making use of the license is violating or has violated any conditions of the license; or

(c) That the detriment to the public health or safety, or the nuisance arising from the bingo game or from changed circumstances necessitates the revocation of the license or the modification of or addition to the license conditions; or

(e) That the conduct of the bingo game is in violation of any provisions of this Code or federal or state law; or

(f) The failure to file reports in accordance with Section B3-99 in a timely or accurate manner.

An appeal to the Board of Supervisors from the decision of the Zoning Administrator may be made within 15 calendar days after the decision and in accordance with the procedures in Section B3-96.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-104. Violations, penalties.

(a) Any violation of Sections B3-77 through B3-89, B3-91, B3-92, B3-98, B3-99 or B3-100 shall be a misdemeanor and any person convicted of violating any of these sections shall be subject to the penalties provided for in Section A1-28 of this code.

(b) In addition to subsection (a), a violation of Section B3-81 shall also be punishable by a fine not to exceed $10,000.00, which fine shall be deposited in the County general fund.

(c) The County Counsel or District Attorney may bring an action for injunctive or any other appropriate relief for any violation of this chapter.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-105. Severability.

(a) If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the remaining portions of this chapter.

(b) The Board of Supervisors hereby declares that it would have passed this chapter and each section, subsection, sentence, clause or phrase thereof, even if any one or more sections, subsections, sentences, clauses or phrases is held invalid.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-106. Provisions supplementary to state law.

The provisions of this chapter are intended to supplement, not conflict with, all state laws relating to lotteries, gaming or gambling except that the definition of bingo in Section B3-76 applies exclusively to this chapter and shall not be applied in the construction or enforcement of any other provision of law.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-107. Posting of license.

A bingo license shall be posted in a conspicuous place in the premises where the games are authorized to be conducted.

(Ord. No. NS-502.7, § 2, 9-14-04)

Secs. B3-108--B3-110. Reserved.

CHAPTER VI.
ENTERTAINMENT EVENTS AND CIRCUSES*

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Editor's note--Section 1 of Ord. No. NS-519.4, enacted Oct. 21, 1986, amended Div. B3 by adding thereto a new Ch. VI as herein set forth. Subsequently, Ord. No. NS-502.7, § 3, adopted Sept. 14, 2004, amended Ch. VI, in its entirety, to read as herein set out in §§ B3-111--B3-125. See also the Code Comparative Table.

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Sec. B3-111. Definitions.

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section:

(a) "Entertainment event" means any entertainment or amusement event to which the public is admitted and which is organized or promoted for commercial or noncommercial purposes whether or not an admission fee or donation is requested or required. It shall include any entertainment or amusement for the purposes of listening, engaging in or participating in musical or theatrical type performances, or both, to which the public is admitted. Musical and theatrical type performances shall include musical or theatrical renderings by performers from a stage, platform, terrace or other place of central prominence with respect to the audience. "Entertainment event" shall not include any event described above that is conducted or held in any structure that has been lawfully constructed and designed for the conducting of public performances or to an event conducted entirely within a stadium, arena or amphitheater that has been lawfully constructed and designed for the conducting of public performances.

(b) "Circus" means any exhibition or entertainment at which acrobatic feats and trained or wild animals are exhibited and displayed or at which clowns, jugglers, or similar persons perform, and which may include sideshows, after-shows and carnivals, and a circus parade or procession.

(Ord. No. NS-502.7, § 3, 9-14-04)

Sec. B3-112. License required.

No person, partnership, association, corporation or other entity shall promote, sponsor, conduct, advertise or sell or furnish tickets or other types of written or oral authority for admission to a circus or entertainment event without first obtaining a license from the Zoning Administrator, except as otherwise provided in Section B3-126.

(Ord. No. NS-502.7, § 3, 9-14-04)

Sec. B3-113. Application for license.

A written application for a circus or entertainment event license shall be filed with the Planning Office at least 90 days prior to the commencement of the event. The Zoning Administrator may, depending upon unusual circumstances and as long as all required notice requirements are complied with, waive the application time limits and accelerate the process set forth herein. The application shall be accompanied by an application fee in an amount established by resolution of the Board of Supervisors, and shall be signed by the sponsor of the event and the owners of the real property upon which the event is to occur. The application shall contain all of the following:

(1) The names, addresses, driver's license numbers, birthdates and telephone numbers of all promoters and sponsors. If the application is made by a partnership, the names, addresses, driver's license numbers and birthdates of all partners shall be included. If the applicant is a corporation or other business entity, the application shall be signed by the president and all other officers required to bind the corporation, and shall contain the names, addresses, driver's license numbers and birthdates of all officers. The address and telephone number of the principal place of business of the applicant shall also be included in the application.

(2) The location and assessor's parcel number for the real property where the event is proposed to be conducted, including all real property to be used for parking or other uses incidental to the event. The applicant shall also furnish proof of ownership of the real property or the written consent of all property owners.

(3) The dates and hours during which the event is to be conducted.

(4) The nature and type of performance of the circus or entertainment event, the names of proposed or intended performers, and a detailed description of all special effects to be used during the performance.

(5) A financial statement of the promoter or sponsor sufficient to show the financial ability to meet any conditions of the license.

(6) The number of persons, including spectators, participants, and other persons, expected to be in attendance for each day of the event, detailed information supporting the expected attendance levels, a detailed description of how persons exceeding the attendance estimate will be accommodated, and a description of how the total number of persons actually attending the circus or entertainment event will be determined.

(7) A map or diagram showing all major accessways to the event, including freeways and local roads.

(8) A detailed description of provisions for water for human consumption and proposed portable or permanent sanitary facilities, both in a manner and amount sufficient to serve the anticipated assembled persons.

(9) The location and capacity of the parking areas and the means of controlling traffic flow into, within and out of the parking areas.

(10) A map or diagram of the means of access to the performance area.

(11) A description of the location, nature and type of medical, first aid and emergency facilities and provisions and who will be providing these services.

(12) A detailed description of the proposed lighting, including location of all light standards and electrical switches.

(13) A certificate evidencing a public liability and property damage insurance policy issued by an insurance company authorized to do business in California naming the County of Santa Clara as co-insured and in an amount sufficient to cover any liability or damages that might arise from the event.

(14) The name and address of a living person residing in the County of Santa Clara who is designated as the agent for service of process for the promoter or sponsor and the owners of all interests in the real property involved for any purpose related to the event.

(15) A detailed description of the manner of acquiring, handling, preparing, dispensing and disposing of food and beverages for consumption by persons in attendance, including the source of energy or fuel to be used in any food preparation.

(16) A detailed description of the manner for the cleanup of the premises and surrounding area during and after the conclusion of the event and the removal thereof as required by Section B3-122.

(17) The names and addresses of the owners of the real property upon which the event is to occur.

(18) Any additional information required by the Zoning Administrator, including, without limitation, submission of agreements with private security guards, physicians, or first aid or emergency attendants.

(Ord. No. NS-502.7, § 3, 9-14-04)

Sec. B3-114. Summary license issuance.

Upon the filing of a complete application and payment of the license fee, the Planning Office shall refer the application to the Zoning Administrator. The Zoning Administrator shall either approve the application and issue the license, or notify the applicant that a referral and public hearing pursuant to Section B3-115 is required. A public hearing shall be required when the Zoning Administrator, on the basis of the completed application and supporting documentation, cannot determine with reasonable certainty all of the following:

(a) That the applicant is fit to possess such a license; and,

(b) That the event location will not pose a public health or safety threat; and,

(c) That the event and associated activities will not create a substantial negative impact upon the surrounding neighborhood.

If an entertainment event license is approved under this section, the license may contain restrictions and conditions pursuant to Section B3-116(d).

(Ord. No. NS-502.7, § 3, 9-14-04)

Sec. B3-115. Referral, notice and hearing.

(a) If a public hearing is required, the Planning Office shall refer the application to the Sheriff, the Department of Environmental Health, the Building Official, the Fire Marshal and any other persons, entities or agencies deemed appropriate for their recommendation and investigation.

(b) The Zoning Administrator shall set a date and time for a public hearing on the application for a circus or entertainment event license, which hearing shall be held no later than 45 days following a determination that the application is complete. Notice of the hearing shall be mailed at least ten days prior to the hearing to the promoters or sponsors of the event at their principal place of business as provided on the application, to the owners of all interests in the real property upon which the proposed use is to be conducted, to the owners of all real property located within 300 feet of the exterior boundaries of the real property upon which the proposed use is to be conducted, and to any other person who has filed a written request for notice.

(c) Each applicant and any other interested person shall have the opportunity to review all records, papers, files and other evidence relating to the application for a circus or entertainment event license, except background information on individuals, at least five days prior to the time set for public hearing on the application.

(Ord. No. NS-502.7, § 3, 9-14-04)

Sec. B3-116. Action by the Zoning Administrator.

(a) At the time and place set for public hearing on the application, the Zoning Administrator shall consider the recommendations of the Sheriff and the County officials investigating the application pursuant to Section B3-115(a) and all records, papers, files and any other relevant evidence. The Zoning Administrator shall either continue the hearing, hold the matter under advisement or render a decision granting or denying the application.

(b) The Zoning Administrator may refuse to issue a license, after consideration of the application, the recommendations of the Sheriff and the County officials investigating the application pursuant to Section B3-115(a) and any other relevant papers, records, and files, on any of the following grounds:

(1) The event or associated activity would be injurious to the public health, safety or welfare; or

(2) The proposed mode of operation of the event is not in compliance with the provisions of this chapter; or

(3) The person or organization applying for the license, or any officer or member thereof, or any owner of the real property upon which the event is proposed to occur has previously violated the provisions of this chapter or of any similar ordinance, law, rule or regulation of the County or another public agency that regulates circuses or entertainment events; or

(4) The applicant knowingly made a material misstatement of fact in the license application; or

(5) The activity is inconsistent with the applicable zoning regulations or any other law, ordinance or regulation.

(c) The Zoning Administrator shall deny a license application if a potential fire hazard or threat to life safety exists at the proposed location.

(d) If a license for a circus or entertainment event is approved, the Zoning Administrator may include such restrictions and conditions in the license as are reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter, including, without limitation, that the parking area be graded, marked, or separated by physical barriers from the entertainment area; that a specified number of parking slots be maintained; that hours of operation be limited; that the applicant agree in writing to indemnify and defend the County for all costs or damages incurred related to the event; that the applicant provide proof of adequate insurance coverage; and that the applicant provide agreements and security in an amount, form and manner as are required to secure compliance with any or all of the conditions of the license.

(e) Upon approval of a circus or entertainment event license, the Zoning Administrator shall prepare and forward to the applicant written notice that a license has been granted, and a statement of any conditions attached thereto. A copy of such notice shall be sent to the Sheriff and the County officials investigating the application pursuant to Section B3-115(a). The Zoning Administrator's decision shall not become final until the 15-calendar-day period during which an appeal can be made to the Board of Supervisors has elapsed without an appeal having been filed.

(Ord. No. NS-502.7, § 3, 9-14-04)

Sec. B3-117. Appeal.

(a) Within 15 calendar days after the decision of the Zoning Administrator on an application for a circus or entertainment event license after a public hearing, any person dissatisfied with the decision may appeal to the Board of Supervisors by filing an appeal with the Planning Office. The appeal application shall be accompanied by a nonrefundable fee in an amount established by resolution of the Board of Supervisors. A copy of the appeal application shall be forwarded to the Sheriff, the Zoning Administrator and the County officials investigating the application pursuant to Section B3-115(a).

(b) The Clerk of the Board of Supervisors shall fix the time and place for the appeal to be heard by the Board of Supervisors. Notice of the hearing shall be mailed at least ten days prior to the hearing to the appellant and the applicant, all owners of real property located within 300 feet of the proposed location of the circus or entertainment event, the owners of the premises if different from the applicant or appellant, and to any other person who has filed a written request for notice.

(c) A hearing date for the appeal to be heard by the Board of Supervisors shall be set within 30 days after filing of the appeal.

(d) The Zoning Administrator shall transmit to the Clerk of the Board of Supervisors all records, minutes, papers and files which constitute the record for which the appeal is made.

(e) The Board of Supervisors shall hear and decide the license application as if no other hearing had been held, and may approve, disapprove or conditionally approve the application. The decision of the Board of Supervisors on an appeal is final.

(f) The Clerk of the Board of Supervisors will inform the appellant, the applicant, the Planning Office, the Sheriff, and the County officials investigating the application pursuant to Section B3-115(a) whether the appeal has been granted or denied.

(Ord. No. NS-502.7, § 3, 9-14-04)

Sec. B3-118. Issuance of license.

Following the granting of a circus or entertainment event license and, in the case of approval by means of a public hearing, the lapse of the 15-calendar-day period in which to appeal such grant, the Planning Office shall issue the license. An entertainment event or circus license is valid only for the number of days applied for and approved and is not renewable.

(Ord. No. NS-502.7, § 3, 9-14-04)

Sec. B3-119. Summary suspension.

The Sheriff or designee or any authorized representative of the County may suspend the operation of or close any circus or entertainment event prior to the expiration of the license and prior to any hearing for the revocation thereof by the Board of Supervisors if there is a riot, major disorder, or any violation of this Code or federal or state law which endangers public health or safety. Following issuance of a suspension order and within 30 days thereafter, a hearing to revoke, reaffirm or conditionally reaffirm the license shall be held in accordance with Section B3-120. Any license holder whose license is suspended pursuant to this section shall not conduct a circus or entertainment event unless and until the Zoning Administrator, or the Board of Supervisors on appeal, reaffirms or conditionally reaffirms the license under Section B3-120. The Sheriff or designee or the authorized representative of the County shall prepare and forward a report on a suspension pursuant to this section to the Zoning Administrator prior to the hearing.

(Ord. No. NS-502.7, § 3, 9-14-04)

Sec. B3-120. Revocation, reaffirmation or conditional reaffirmation.

Any license issued under this chapter may be reaffirmed, conditionally reaffirmed, or revoked on the Zoning Administrator's motion or based on a referral from the Board of Supervisors, the Sheriff, the District Attorney or any other County officer or department head to the Zoning Administrator. Except as provided in Section B3-119, a public hearing on the revocation, reaffirmation, or conditional reaffirmation will be held and notice will be given in accordance with Section B3-115(a). The Zoning Administrator may revoke or conditionally reaffirm any circus or entertainment event license on any of the following grounds:

(a) That the license was obtained by fraud, or false, misleading or fraudulent statements of material facts made in the application for the license or in any other document submitted pursuant to this chapter.

(b) That any person making use of the license is violating or has violated any conditions of the license.

(c) That the detriment to the public health or safety, or the nuisance arising from the conduct of the event or from changed circumstances necessitates the revocation of the license or the modification or addition to the license conditions.

(d) That an inadvertent error or omission in establishing the original conditions requires modifying or adding to the license conditions, but the license shall not be revoked because of such error or omission.

(e) That the license holder has violated, or caused or permitted any other person to violate, any provision of this chapter or state or federal law in connection with the event.

(Ord. No. NS-502.7, § 3, 9-14-04)

Sec. B3-121. Cleanup.

The promoters or sponsors and the owners of all interests in the real property upon which a circus or entertainment event is conducted shall keep the real property upon which the event takes place and surrounding property free from all debris, trash, garbage, refuse, vector and animal harboring or breeding sources or other waste. Within 18 hours after the termination of the event, the promoters or sponsors and the owners of all interests in the real property upon which the event occurred shall clean up, remove and properly dispose of from the site and surrounding real property all debris, trash, garbage, refuse, vector and animal harboring or breeding sources or other waste.

(Ord. No. NS-502.7, § 3, 9-14-04)

Sec. B3-122. Nontransferability of license.

A license granted under this chapter shall be required for each and every separate entertainment event or circus. A license is not transferable either as to the licensee or location. Any attempt to transfer the license shall automatically render it invalid.

(Ord. No. NS-502.7, § 3, 9-14-04)

Sec. B3-123. Unlawful acts.

It shall be unlawful and a crime to:

(a) Hold or conduct a circus or entertainment event on any real property without first obtaining a license for the holding or conducting of the event pursuant to this chapter.

(b) Admit a greater number of persons to the event than is authorized by the license.

(c) Sell tickets for, or advertise or promote, a circus or entertainment event prior to the time a license has been obtained.

(d) Sell or distribute tickets to a circus or entertainment event in an amount exceeding the attendance authorized by the license.

(e) Knowingly and fraudulently obtain a license for the conducting or holding of an entertainment event or circus, with the intent not to comply with any provision of the license or this chapter.

(f) Conduct or hold an entertainment event or circus without complying with all of the conditions of the license or with the provisions of this chapter.

(g) For the owner of the real property to allow the real property to be used for an entertainment event or circus for which a license has not been obtained pursuant to this chapter.

(Ord. No. NS-502.7, § 3, 9-14-04)

Sec. B3-124. Criminal penalty.

The violation of any provision of this chapter shall be a misdemeanor, punishable by a fine of not more than $1,000.00 or by imprisonment in the County jail for not more than six months, or by both such fine and imprisonment. A separate offense shall be deemed to have been committed for each day or portion of a day that a violation continues.

(Ord. No. NS-502.7, § 3, 9-14-04)

Sec. B3-125. Exemptions.

This chapter does not apply to any circus or entertainment event conducted on the Santa Clara County Fairgrounds or pursuant to a valid use permit authorizing the event.

(Ord. No. NS-502.7, § 3, 9-14-04)

Secs. B3-126--B3-144. Reserved.

CHAPTER VII.
PARADES*

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Editor's note--Section 2 of Ord. No. NS-519.5, enacted Oct. 21, 1986, added a new Ch. VII, §§ B3-145--B3-159, as herein set forth. Section 1 of the ordinance repealed Ch. IV of Div. B13 which pertained to parades. Subsequently, Ord. No. NS-502.7, § 4, adopted Sept. 14, 2004, amended Ch. VII, in its entirety, to read as herein set out in §§ B3-145--B3-158. Prior to inclusion of said ordinance, Ch. VII pertained to similar subject matter. See also the Code Comparative Table.

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Sec. B3-145. Definitions.

For the purpose of this chapter, unless the context clearly requires a different meaning, the term "parade" means a march or procession of any kind by a group of individuals associated for that purpose, other than a funeral procession, in or upon any public highway or public place solely within the unincorporated area of the county.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-146. License required.

No person, partnership, association, corporation or other entity shall hold, manage, conduct, carry on, or cause or permit to be held, managed or conducted or carried on any parade without first obtaining a license from the Zoning Administrator pursuant to this chapter. A license shall not be required where the parade partially traverses the incorporated portion of any city within the county and from which municipal entity a valid and current parade license is obtained.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-147. Application for license.

Written application for the license required by this chapter shall be filed with the Planning Office at least 90 days prior to the time indicated therein for the parade. The Zoning Administrator may, depending upon unusual circumstances and as long as all required notice requirements are complied with, waive the application time limits and accelerate the process set forth herein. Such application shall be accompanied by a fee in an amount established by resolution of the Board of Supervisors, and shall be signed by all the sponsors of the parade. The application shall contain all of the following:

(a) The names, addresses, driver's license numbers, birthdates and telephone numbers of the sponsors. If the application is made by a partnership, the names, addresses, driver's license numbers and birthdates of all partners shall be included. If the applicant is a corporation or other business entity, the application shall be signed by the president and all other officers required to bind the corporation, and shall contain the names, addresses, driver's license numbers and birthdates of all officers. The address and telephone number of the principal place of business of the applicant shall also be included.

(b) The route proposed for the parade and a description of the real property to be used for the starting and stopping points of the parade and parking or other uses incidental to the parade.

(d) A detailed description of the manner for the cleanup of the parade route and all other areas used for related activities as required by Section B3-155.

(e) An estimate of the number of persons and vehicles in the parade.

(f) Such further information as may be required by the Zoning Administrator.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-148. Summary license issuance.

Upon the filing of a complete application and payment of the license fee, the Planning Office shall refer an application for a parade license to the Zoning Administrator. The Zoning Administrator shall either approve the application and issue the license, or notify the applicant that a referral and public hearing pursuant to Section B3-149 is required. A public hearing is required when the Zoning Administrator, on the basis of the complete application and supporting documentation, cannot determine with reasonable certainty all of the following:

(a) That the proposed route, time or duration of the parade would not substantially interrupt the safe and orderly movement of traffic and would not unreasonably interfere with fire or Sheriff protection in the area; and

(b) That the proposed manner of conducting the parade is not reasonably likely to cause serious injury to persons, damage to property or provoke a riot or major disorder.

If a parade license is summarily approved under this section, the license may contain restrictions and conditions pursuant to Section B3-151(c).

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-149. Referral, notice and hearing.

(a) If a public hearing is required, the Planning Office shall refer the application to the Sheriff, the Roads and Airports Department, the Department of Environmental Health, the Fire Marshal, and any other persons, entities or agencies deemed appropriate for investigation and recommendation.

(b) The Zoning Administrator shall set a date and time for a public hearing on the application for a parade license, which hearing shall be held not later than 45 days following submittal of a complete application. Notice of such hearing shall be mailed at least ten days prior to the hearing to the sponsors at their principal place of business as provided on the application and to any other person who has filed a written request for notice with the Zoning Administrator. Notice of the hearing shall also be published in a newspaper of general circulation within the county ten days prior to the hearing.

(c) Each applicant and any other interested person shall have the opportunity to review all records, papers, files and other evidence relating to the application for a parade license at least five days prior to the time set for public hearing on the application.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-150. Action by the Zoning Administrator.

(a) At the time and place set for public hearing on the application for a parade license, the Zoning Administrator shall consider the recommendations of the Sheriff and the other officials and agencies investigating the application pursuant to Section B3-149(a) and all records, papers, files and any other relevant evidence. The Zoning Administrator shall either continue the hearing, hold the matter under advisement or render a decision granting or denying the application.

(b) The Zoning Administrator may refuse to issue a parade license after consideration of the application, the recommendations of the Sheriff and the County officials investigating the application pursuant to Section B3-149(a) and any other relevant papers, records, and files, on any of the following grounds:

(1) The proposed route, time or duration of the parade would substantially interrupt the safe and orderly movement of traffic or would unreasonably interfere with fire or Sheriff protection in the area; or

(2) The proposed manner of conducting the parade is reasonably likely to cause serious injury to persons, damage to property or provoke a riot or major disorder; or

(3) The applicant knowingly made a material misstatement of fact in the license application.

(c) If a parade license is approved, the Zoning Administrator may include such restrictions and conditions in the license regulating the time, place, duration or manner of conducting the parade as are reasonable and necessary under the circumstances to protect the public health, safety or welfare including, without limitation, that the applicant agree in writing to indemnify and defend the County for any damages or costs that may be incurred related to the parade; that the applicant provide evidence of adequate insurance coverage; and that the applicant provide agreements and security in an amount, form and manner as are required to secure compliance with any or all of the conditions of the license.

(d) Upon approval of a parade license, the Zoning Administrator shall prepare and forward to the applicant written notice that a license has been granted, and a statement of any conditions attached thereto. A copy of the notice shall be sent to the Sheriff, the Transportation Agency, and the County officials investigating the application pursuant to Section B3-149(a). The Zoning Administrator's decision shall not become final until the 15-calendar-day period during which an appeal can be made to the Board of Supervisors has elapsed without an appeal having been filed.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-151. Appeal.

(a) Within 15 calendar days after the decision of the Zoning Administrator on an application for a parade license pursuant to a public hearing, any person dissatisfied with the decision may appeal to the Board of Supervisors by filing an appeal application with the Planning Office. The appeal application shall be accompanied by a nonrefundable fee in an amount established by resolution of the Board of Supervisors. A copy of the appeal application shall be forwarded to the Sheriff, the Zoning Administrator and the County officials investigating the application pursuant to Section B3-149.

(b) The Clerk of the Board of Supervisors shall fix the time and place for the appeal to be heard by the Board of Supervisors. Notice of such hearing shall be mailed at least ten days prior to the hearing to the appellant and the applicant, and to any other person who has filed a written request for such notice. Notice of such hearing shall also be published in a newspaper of general circulation within the county ten days prior to the hearing.

(d) The Zoning Administrator shall transmit to the Clerk of the Board of Supervisors all records, minutes, papers and files which constitute the record from which the appeal is made.

(e) The Board of Supervisors shall hear and decide the license application as if no other hearing had been held and, based on the standards set forth in Section B3-150(b), may approve, disapprove or conditionally approve the application. The decision of the Board of Supervisors on appeal is final.

(f) The Clerk of the Board of Supervisors will inform the appellant, the applicant, the Planning Office, the Sheriff, and the County officials investigating the application pursuant to Section B3-149(a) whether the appeal has been granted or denied.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-152. Issuance of license.

Following the granting of a parade license and, in the case of approval by means of a public hearing, the lapse of the 15-calendar-day period in which to appeal such grant, the Planning Office shall issue the license. A parade license is valid only for the date, hours and route approved and is not renewable.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-153. Summary suspension.

The Sheriff or designee or any authorized representative of the County may suspend the operation of a parade prior to the expiration of the license and prior to any hearing for the revocation thereof by the Board of Supervisors if there is a riot, major disorder, or violation of this chapter, Code or federal or state law which seriously endangers public health, safety or order. Following issuance of a suspension order and within 30 days thereafter, a hearing to revoke, reaffirm or conditionally reaffirm the license shall be held in accordance with Section B3-154. Any license holder whose parade license is suspended pursuant to this section shall not conduct a parade under the license unless and until the Zoning Administrator, or the Board of Supervisors on appeal, reaffirms or conditionally reaffirms the license under Section B3-154. The Sheriff or designee or the authorized representative of the County shall prepare and forward a report on a suspension pursuant to this section to the Zoning Administrator prior to the hearing.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-154. Revocation, reaffirmation or conditional reaffirmation.

Any license issued under this chapter may be reaffirmed, conditionally reaffirmed, or revoked on the Zoning Administrator's motion or based on a referral from the Board of Supervisors, the Sheriff, the District Attorney or any other County officer or department head to the Zoning Administrator. Except as provided in Section B3-153, a public hearing on the revocation, reaffirmation, or conditional reaffirmation will be held and notice will be given in accordance with Section B3-149. The Zoning Administrator may revoke or conditionally reaffirm any parade license on any of the following grounds:

(a) That the license was obtained by fraud or that false, misleading or fraudulent statements of material facts were made in the application for the license or in any other document submitted pursuant to this chapter.

(b) That any person making use of the license is violating or has violated any conditions of the license.

(c) That changed circumstances have given rise to new facts or conditions that would have been grounds for denial of the original application or for modified or additional license conditions.

(d) That an inadvertent error or omission in establishing the original conditions requires modifying or adding to the license conditions, within the perimeters established in Section B3-150(c), but the license shall not be revoked because of the error or omission.

(e) That the license holder has violated, or caused or permitted any other person to violate any provision of this Code or any state or federal law in connection with the parade and which seriously endangers public health, safety or welfare.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-155. Cleanup.

The sponsors of the parade shall keep the parade route, the surrounding real property and all other areas used for activities related to the parade free from and remove from such real property all debris, trash, garbage, refuse, vector and animal harboring or breeding sources or other waste. Within 18 hours after the termination of the parade, the sponsors of the parade shall clean up, remove from the parade route and surrounding real property and other areas used for parade activities, and properly dispose of all debris, trash, garbage, refuse, vector and animal harboring or breeding sources or other waste.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-156. Nontransferability of license.

A license granted under this chapter shall be required for each and every separate parade. The license shall not be transferable either as to the licensee or location. Any attempt to transfer the license shall automatically render it invalid.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-157. Unlawful acts.

It shall be unlawful and a crime to:

(a) Hold or conduct a parade without first obtaining a license for the holding or conducting of the parade pursuant to this chapter; or

(b) Knowingly and fraudulently obtain a license for the conducting of a parade with the intent not to comply with the provisions of the license; or

(c) Conduct or hold a parade without complying with all of the conditions of the license or the provisions of this chapter.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-158. Criminal penalty.

The violation of any provision of this chapter shall be a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment in the County jail for not more than six months, or by both such fine and imprisonment. A separate offense shall be deemed to have been committed for each day or portion of a day that a violation continues.

(Ord. No. NS-502.7, § 4, 9-14-04)