ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: PH1
Prepared by:
London Adams, Management Analyst
Joseph Vacca, Community Development
Director Meeting Date: June 24, 2025
Approved by:
Kathy Valdez, City Clerk
John Conley, City Manager Agenda Location: Public Hearing S
UBJECT: AMENDMENTS TO VMC 5.24, ESTABLISHMENTS OFFERING LIVE ENTERTAINMENT RE
COMMENDATION:
1. Open, conduct, and close a public hearing to receive testimony regarding Vista Municipal Code Chapter
5.24. 2. A
dopt Ordinance No. 2025- , amending and restating Chapter 5.24 of the Vista Municipal Code r
egarding Establishments Offering Live Entertainment
3. Adopt City Council Resolution No. 2025- , amending the annual license fee for live entertainment permits.
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RRELATION TO CITY COUNCIL GOALS: Economic Development.
P
RIOR ACTION: On December 14, 2021, adopted City Council Ordinance No. 2021-15, mending Chapter 5.24 of the Vista Municipal Code concerning Establishments Offering Live Entertainment (Vote: 5-0).
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n November 9, 2021, adopted a 60-day moratorium on the enforcement of live entertainment being limited to occurring in a fully enclosed building in the Historic Downtown and Paseo Santa Fe Corridor, for those with a current live entertainment permit, and directed staff to bring an ordinance to the December 14 meeting to amend Vista Municipal Code 5.24 (Vote: 5-0).
A
complete list of prior actions is included as Exhibit 4.
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TATEMENT ON THE SUBJECT: Staff are introducing an ordinance (Exhibit 1) to amend Vista Municipal Code, Chapter 5.24. The proposed ordinance includes updated and clarified language throughout the chapter, along with several key changes that modernize and streamline the permitting process for entertainment establishments. Significant revisions include:
• S
ection 5.24.040 Exemptions from Permit Requirement
o Expanded the types of entertainment exempt from requiring a permit, provided the activity complies with the noise provisions of Vista Municipal Code Chapter 8.32. o U
pdated Section 5.24.040 (D): Entertainment limited to the use of recorded music, TV, video games, and background music. Indoor activities will be exempt including karaoke, AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
06/24/2025
PH1
MEETING DATE: June 24, 2025 PAGE 2
SUBJECT: AMENDMENTS TO VMC 5.24, ESTABLISHMENTS OFFERING LIVE ENTERTAINMENT comedy, trivia, and bingo as long as noise is contained to the property in accordance with the noise requirements of Vista Municipal Code Chapter 8.32. If these activities do not comply with the noise provisions of Vista Municipal Code Chapter 8.32, a live entertainment permit is required.
• S
ection 5.24.050 Permit Types
o Streamlined from six permit types to a single comprehensive permit that covers alcohol service, dancing, and sound amplification.
o U
pdated Section 5.24.050 (A): Unless exempted pursuant to Section 5.24.040, a valid and c
urrent entertainment permit, must be issued for each entertainment or entertainment establishment. The permit application must specify whether any of the following conditions will apply, all of which fall under a
“Class 1” permit:
1. S
ound Amplification: Whether the entertainment will include the use of amplified sound t
hat does not comply with Vista Municipal Code Chapter 8.32.
2. D
ancing: Whether dancing will be permitted or occur during entertainment.
3. A
lcohol: Whether alcohol will be served or consumed on the premises.
The reviewing authority may consider these conditions when determining whether to appr
ove a permit or impose specific requirements or conditions accordingly. • E
liminated Section 5.24.50 Previously Issued Licenses for Cabarets and Dance Halls o R
emoved this outdated transitional provision, which applied only through June 30, 2014.
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taff released a notice of Public Hearing on June 10, 2025, to inform Vista residents and business owners of the proposed changes (Exhibit 5). The information was also disseminated through social media, the City’s website and the City’s electronic newsletter.
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n addition to the modification, staff recommend setting a new consolidated Live Entertainment Permit fee at $325 for a two-year term. This fee reflects the cost of staff time to process the application and coordinate a background check with the San Diego Sheriff’s Office (Exhibit 7). Currently, live entertainment permits are based on individual activities such as alcohol service, amplification, or dancing, with each type carrying its own annual fee ranging from $37.50 to $100.
F
ISCAL IMPACT: There is no direct fiscal impact with this recommendation; however, future revenues will be coded to the Live Entertainment Fees account (No. 0010015.416000).
E
XHIBITS:
1. City Council Ordinance No. 2025- , amending and restating Chapter 5.24 of the Vista Municipal Code r
egarding Establishments Offering Live Entertainment
2. City Council Resolution No. 2025- , amending the annual license fee for live entertainment permits
3. Current Annual License Fees
4. Prior Actions
5. Notice of Public Hearing
6. Redline version of VMC Chapter 5.24, Establishments Offering Live Entertainment
7. Proposed Annual License Fees
8. Vista Municipal Code 8.32 Noise Control
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RDINANCE 2025-
AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA AMENDING AND RESTATING CHAPTER 5.24 OF THE
VISTA MUNICIPAL CODE REGARDING ESTABLISHMENTS OFFERING LIVE
ENTERTAINMENT
The City Council of the City of Vista does ordain as follows:
1. Findings. The City Council hereby finds and declares all of the following:
A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.
B. The City Council intends that this ordinance be construed and applied in a manner that is consistent with state law, the provisions of the Vista Municipal Code, other local enactments, and all voter-approved measures.
C. The City Council finds and determines that to promote a balanced approach to establishments in the City of Vista offering live entertainment certain changes to Chapter 5.24 of the Vista Municipal Code are necessary.
2. Code Amendment.
Chapter 5.24 of the Municipal Code is amended and restated in full as follows:
“Chapter 5.24
Establishments Offering Live Entertainment
Sections:
5.24.010 Purpose and Intent
5.24.020 Definitions
5.24.030 Permit Requirements; Mandatory Legal and Regulatory Compliance
5.24.040 Exemptions from Permit Requirement
5.24.050 Permit Types
5.24.060 Applications for Permits – Contents
5.24.070 Investigation of Applications
5.24.080 Actions on Applications; Conditions
5.24.090 Duration of Approved Permits
5.24.100 Renewal of Permits
5.24.110 Operating Standards for Entertainment and Entertainment Establishments
5.24.120 Closure Based on Threat to Public Safety
5.24.130 Permit Revocation
5.24.140 Appeals
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EXHIBIT 1
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ection 5.24.010 Purpose and Intent
A. The City Council of the City of Vista encourages the development of arts and culture and recognizes that many entertainment establishments contribute to that goal. While these venues can enhance the community, entertainment establishments sometimes generate excessive noise or disorderly conduct by patrons. This can be particularly true at closing times, with the resulting adverse public safety impact on the surrounding business and residential community.
B. Therefore, it is the purpose of this chapter to regulate the operations of entertainment establishments for public safety. It is not the City's intent to regulate or restrict the type or content of entertainment provided at such establishments. All permittees and responsible persons must control patron conduct in and around the establishments, making adequate provisions for security and crowd control, protecting the City's youth, and take steps to minimize or eliminate public disturbances and criminal activity arising from the operation of the entertainment establishment.
C. The City Council finds that the imposition of appropriate conditions, using the procedures established by this chapter, will allow entertainment establishments to operate in alignment with public safety needs.
Section 5.24.020 Definitions
For purposes of this chapter the following terms shall have the definitions presented below.
“ABC License" means the license issued by the California Department of Alcoholic Beverage Control.
“City Manager" means the City Manager for the City of Vista or the City Manager's designee.
“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 is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons, including:
A. Presentations by single or multiple performers, such as comedians, karaoke, dance or theatre performances contests, sporting events, exhibitions, concerts or any other such activity which may be attended by members of the public.
B. Dancing to live or recorded music.
C. Recorded music presented by a DJ or similar operator contracted by the establishment.
“Entertainment permit" means a permit obtained from the City Manager, or upon appeal, from the City Council, pursuant to the provisions of this chapter to operate an entertainment establishment.
“Permittee" means a person, persons, or business entity that has been issued an entertainment permit in accordance with this chapter. “Reasonable efforts" means the provision of an adequate number of licensed security personnel as required by an entertainment permit, the adoption of operating policies that are consistent with this Code and the permit and compliance with those policies, the documented training of employees on the 06/24/2025
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ablishment operating policies, notifying the Sheriff's Department of apparent criminal activity, and the taking of all additional measures, consistent with sound business judgment, necessary to achieve compliance with this chapter and conditions imposed by the applicable permit.
“Responsible person" means any person who is physically at the place of entertainment or entertainment establishment, whether or not an entertainment permit has been issued, and is any of the following:
A. The person who owns the entertainment establishment.
B. The person in charge of the entertainment establishment.
C. The person using the entertainment establishment under a special arrangement.
D. An employee or agent of the owner or manager of the
entertainment establishment when the owner or manager is temporarily absent.
E. The entertainment establishment's manager or on-site supervisor. “Theater" means any commercial establishment where regular theatrical performances, such as dramatic or narrative performances are given, usually on a stage and usually with ascending row seating or permanent seating.
Section 5.24.030 Permit Requirements; Mandatory Legal and Regulatory Compliance
A. Unless exempted by this chapter, it is unlawful for the owner of an entertainment establishment or a responsible person to host, provide, or permit any entertainment open to the public without a valid and current entertainment permit.
B. It is unlawful for the owner of an entertainment establishment or a responsible person to provide or permit any entertainment, or to operate an entertainment establishment, without the correct class of entertainment permit as set forth in Section 5.24.050.
C. It is unlawful for an entity or a responsible person to operate an entertainment establishment in a manner that violates:
1. The provisions of this chapter.
2. The conditions imposed in connection with an entertainment permit.
3. The conditions imposed in connection with a special use permit or any other land use entitlement applicable to the premises on which an entertainment establishment operates.
4. Any other provision of this Code or the Development Code which may apply to the entertainment establishment or the premises on which the entertainment establishment operates.
D. An entertainment permit shall cover only one location and shall not be transferable between owners or locations.
Section 5.24.040 Exemptions from Permit Requirement
The following types of entertainment and entertainment establishments are exempt from the entertainment permit required by this chapter. The following exemptions do not exempt any responsible person from the obligation to satisfy all applicable laws governing that entertainment or entertainment establishment.
A. Entertainment provided in connection with a special event permit or a park event permit approved pursuant to Chapters 12.12 and 12.13 of this 06/24/2025
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de provided that such permit specifically authorizes or allows, as applicable, the entertainment provided.
B. Entertainment occurring within a City-owned facility, including the Moonlight Amphitheatre and the Avo Playhouse, where the entertainment is specifically authorized pursuant to a contract between the City and the party managing, presenting or hosting the entertainment.
C. Entertainment sponsored by any agency of the City of Vista, the County of San Diego, the various Boards of Education, any other political subdivision of the State of California, or a charter school provided that the entertainment offered by the charter school is part of an educational and instructional program.
D. Entertainment limited to the use of recorded music, TV, video games, and background music. Indoor activities will be exempt including karaoke, comedy, trivia and bingo as long as noise is contained to the property in accordance with the noise requirements of Vista Municipal Code Chapter 8.32. If these activities do not comply with the noise provisions of Vista Municipal Code Chapter 8.32, a live entertainment permit is required.
E. Entertainment provided for members and their guests at a private club having an established membership when admission is not open to the public. For purposes of this Section, private club means corporations or associations operated solely for objects of national, social, fraternal, patriotic, political, or athletic nature, membership in which is by application and for which regular dues are charged, and the advantages of which club belong to members, and the operation of which is not primarily for monetary gain.
F. Entertainment provided at a private residence for invited guests where there is no admission charge.
G. Entertainment conducted by or sponsored by any bona fide club, organization, society or association which is exempt from taxation pursuant to Internal Revenue Code section 501(c)(3), when all proceeds, if any are used exclusively for the benevolent purposes of such club, society or association.
H. Theaters.
I. Motion picture theaters not providing live entertainment.
J. Dance lessons, theatrical and performing arts lessons.
K. Book readings, book signings, poetry recitations, and any other similar entertainment consisting of the spoken word, including plays.
L. Fundraisers for a political cause.
Section 5.24.050 Permit Types
A. Unless exempted pursuant to Section 5.24.040, a valid and current entertainment permit, of the class indicated below, must be issued for each entertainment or entertainment establishment. The permit application must specify whether any of the following conditions will apply, all of which fall under a “Class 1” permit:
1. Sound Amplification: Whether the entertainment will
include the use of amplified sound that does not comply with Vista Municipal Code Chapter 8.32.
2. Dancing: Whether dancing will be permitted or occur
during entertainment.
3. Alcohol: Whether alcohol will be served or consumed on the premises.
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he reviewing authority may consider these conditions when determining whether to approve a permit or may impose specific requirements or conditions accordingly
B. For purposes of this section, entertainment includes dancing when the entertainment establishment:
1. Has a dance floor of at least 100 square feet which can be used for dancing by those in attendance; or
2. Clears an area of at least 100 square feet which can be used for dancing by those in attendance.
Section 5.24.060 Applications for Permits – Contents
A. Before any entertainment permit is issued, an application signed and verified by the applicant, along with any required fee, shall be filed with the City Manager, on a form approved by the City Manager.
B. The complete application shall be filed with the City Manager at least 45 days prior to each of the following:
1. The proposed start of any entertainment or the opening of the entertainment establishment.
2. The proposed effective date for a change in class or conditions associated with an issued entertainment permit.
3. The sale of any interest in the entertainment establishment or the business entity in control of the entertainment establishment which is equal to or greater than ten percent.
C. The application shall include the following information:
1. For the applicant and each person having a financial interest in the entertainment establishment of at least ten percent, that person’s name, home address, business address, and other pertinent identifying information as determined by the City Manager.
2. The nature of the business or activity for which a permit is requested, and the class of permit requested.
3. The name and address of the person by whom the
applicant is employed, if any.
4. The address and a detailed description of the premises for which the permit is sought, including but not limited to the approximate size of the lot and the approximate square footage of any structure in which the activity will occur, a description of the area where any dancing, if any, is to be conducted, a description of any parking facilities on the premises and in the nearby vicinity, and a general description of the neighborhood in which the premises are located.
5. A description of the principal activities to be conducted on the premises.
6. Whether alcoholic beverages will be offered for sale or otherwise provided, and, if so, the number of the applicable ABC license.
7. The names, residence addresses, business addresses,
and other pertinent identifying information for each responsible person currently employed or associated with an operating entertainment establishment or who is anticipated to be employed by or associated with an entertainment establishment for the coming permit year.
8. The maximum capacity of the room or rooms where the
entertainment will occur.
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hether the applicant or any other responsible person(s) have been convicted of a misdemeanor or felony offense within the past ten years, including details of the offense(s) and the sentence(s).10. Whether the applicant has ever obtained or sought to obtain an entertainment permit or similar permit in the past, and whether such permit was ever revoked or denied.
11. Written consent for the proposed entertainment on the premises from the owner of the property on which the entertainment is to be conducted.
12. A floor plan in sufficient detail to permit a review of the function, operation, and legal compliance of the entertainment establishment presented in such manner as may be required by the application form.
13. Such other information as the City Manager may deem necessary or proper for processing and review of the application, including for entertainment using amplified sound, a professional acoustical or sound study which may be required in connection with the initial application, any reapplication, or any appeal thereof.
Section 5.24.070 Investigation of Applications
A. A copy of each entertainment application pursuant to Section
5.24.060 and renewal application pursuant to Section 5.24.100 shall be provided to the Sheriff’s Department who shall report on:
1. Whether the submitted application is accurate and truthful in all material respects.
2. Whether the entertainment or entertainment establishment meets law enforcement requirements for permit issuance per Section 5.24.080.
3. Conditions which the City Manager can consider imposing on the entertainment establishment, consistent with this chapter, if the application is approved.
B. The City Manager shall obtain comments and reports from City departments and City officials, including the Fire Marshal and Building Official, regarding whether the entertainment establishment would satisfy the requirements of this Code and the standards for approval set forth in Section
5.24.080.
Section 5.24.080 Action on Applications – Conditions
A. The City Manager shall approve the issuance of the entertainment permit if he or she finds all of the following:
1. The submitted application was complete, signed, verified, and accompanied by the required fee.
2. The application did not include any material misstatement or omission of fact.
3. Issuance of the permit and conduct of the entertainment at the proposed location, as conditioned, will conform with federal, state and local laws, rules, regulations and any existing special use or similar permit(s).
4. Issuance of the permit and conduct of the entertainment at the proposed location, as conditioned, will not pose an undue burden on the neighborhood due to its proximity to residences, inadequate parking or other 06/24/2025
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ighborhood factors, and will not interfere with the reasonable use and enjoyment of the neighborhood by residents and commercial interests.
5. Neither the applicant nor any responsible person or
principal of the applicant has, within the past ten years, been convicted of a felony or crime of moral turpitude that is substantially related to the qualifications, functions or duties of a proprietor or manager charged with the lawful and responsible operation of an entertainment establishment or the premises upon which such establishment is located.
6. Neither the applicant nor any responsible person or
principal of the applicant has a history of committing, permitting or failing to prevent significant violations of this Code, the Development Code, or any license or permit, in connection with the operation of an entertainment establishment or premises similar to that upon which the entertainment establishment will be located.
B. The City Manager may impose conditions when issuing an entertainment permit.
1. Conditions may be imposed to ensure that the
entertainment or entertainment establishment will satisfy the requirements of this chapter, this Code, the Development Code and will operate without creating the adverse impacts that, pursuant to paragraph (A), would have justified denial of the application.
2. All conditions shall be set forth in writing and shall be deemed to be appended to the issued entertainment permit.
3. Should the applicant object to any conditions they may request that the City Manager reconsider the imposition of one or more conditions. An objection to one or more conditions may be filed in writing personally with the City Clerk following the date that the entertainment permit is approved, but no more than once in any fiscal year with respect to the same condition. The request for reconsideration shall specify the specific conditions to which objection is made, and shall present all factual, legal and other arguments regarding why that condition or those conditions should not be imposed. The City Manager will then review the objections and issue a written response identifying which conditions have been eliminated or retained. For any retained condition, the written determination shall present the facts and reasons for retaining the condition. The City Manager’s determination shall be final, and the applicant shall, pending resolution, comply with all disputed conditions unless such compliance is waived in writing by the City Manager upon request by the applicant. As an alternative to the preceding procedures, the City Manager may elect to present a request for reconsideration to the City Council when the contested condition, in the City Manager’s discretion, involves larger or unique matters of potential public concern. In that event, the request for reconsideration shall be presented to the City Council using the procedures set forth in Section
5.24.140, and the City Council’s action shall be final.
C. If the City Manager denies the application, the applicant shall be notified of the reasons for the denial in writing within 45 days after receipt of a complete application. However, failure to notify the applicant within the specified time period does not entitle the applicant to the permit. . An applicant denied an entertainment permit has a right to appeal the denial in accordance with Section
5.24.130. If a timely appeal is not requested, the denial shall be final.
Section 5.24.090 Duration of Approved Permits
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. Entertainment permits shall expire when either of the following occurs:
1. Two years after issuance; or
2. The business operated by the entertainment establishment moves to a new location.
Section 5.24.100 Renewals of Permits
A. The following procedure shall be used for the review of applications for renewal of all entertainment permits.
1. A renewal notice shall be sent to the permittee at least 30 days prior to a scheduled expiration of the entertainment permit.
2. To apply for renewal, the permittee shall remit the required renewal fee set by resolution of the City Council and shall update the information concerning the entertainment establishment and its operation by providing the following:
a. Any information or disclosure that should have
been included, in a prior application or renewal application but which was omitted.
b. Information regarding any change in ownership of
the entertainment establishment which is ten percent or greater, including all information required for the new owner in accordance with Section 5.24.060(C). c. With respect to the information provided pursuant
to Section 5.24.060, any change in the proposed operation, design, or layout of the entertainment establishment or the nature of the entertainment to be provided.
d. Whether:
1. The permittee or any responsible person
has been convicted, since the submission of the last application, of a misdemeanor or felony offense, the nature of that offense, and any sentence therefor; and
2. The names and identifying information of
any new responsible person not disclosed in a prior application. e. Whether the permittee, since the submission of the
last application, has had an entertainment permit or similar permit revoked or not renewed, and the basis for that decision.
f. Whether the applicant seeks a different class of
entertainment permit than the class of the current permit.
3. Any application for renewal shall be signed and verified by the applicant.
B. The application shall be eligible for approval if it satisfies the requirements of Section 5.24.080.
C. All conditions imposed on the immediately prior permit shall continue with respect to any renewed permit, and the City Manager may impose additional conditions in accordance with Section 5.24.080(B).
D. If the City Manager denies an application, the basis for the denial shall be presented in accordance with Section 5.24.080(C) and any appeal shall be processed in accordance with Section 5.24.140.
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ection 5.24.110 Operating Standards
Each entertainment and each entertainment establishment is required to satisfy the following operating standards, and each responsible person shall engage in all reasonable efforts to assure that any entertainment or entertainment establishment satisfies the following operating standards:
A. The entertainment permit shall be displayed on the premises in a conspicuous place so that law enforcement persons entering may readily see the entertainment permit and any conditions imposed thereon. A copy of the floor plan approved with the entertainment permit shall be made available at all times at the request of any law enforcement officer or fire marshal.
B. The entertainment establishment shall be closed and all patrons shall vacate the premises between 2:00 a.m. and 6:00 a.m., unless the entertainment permit is conditioned for additional hours of closure.
C. Reasonable efforts shall be made to prevent the admission of any person whose conduct is described in Penal Code Section 415 (fighting, loud noise) or 647 (disorderly conduct) at the premises or on any parking lot or similar facility used by the establishment. The responsible person shall make reasonable efforts to remove persons exhibiting such conduct from the establishment, including calling the Sheriff’s Department when circumstances warrant.
D. Reasonable passageway shall be provided through any part of a room used by patrons and entertainers for their ingress and egress.
E. Except as provided below, an establishment providing amplified live entertainment shall assure that the amplified live entertainment occurs exclusively within a fully enclosed building with all windows and doors closed, except that a door may be briefly and temporarily opened as may be necessary to accommodate ingress or egress. Notwithstanding the preceding requirement, amplified live entertainment may occur within a building that has open doors, windows, or other passages and on approved patios if such entertainment is expressly authorized in the conditions for the entertainment permit and the entertainment occurs between the hours of:
noon and 10 p.m. within an industrial zone, or
5:00 pm and 9:00 pm Monday through Thursday,
5:00 pm and 10:00 pm on Friday,
noon and 10:00 pm on Saturday,
noon and 9:00 pm on Sunday,
and the establishments is located within:
(i) the Historic Downtown Planning District in the Downtown Vista Specific Plan;
(ii) the Paseo Santa Fe Planning District in the Downtown Vista Specific Plan; or
(iii) Zone A of the Central Vista Business Improvement District.
These exceptions are only applicable to spaces located on the ground floor and approved patio areas. For purposes of this paragraph, the industrial zone shall include the M-1 zone, I-P zone, Business Park Specific Plan, or Specific Plan 14.
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quests for extended hours for live entertainment on holidays may be approved by the City Manager on a case-by-case basis; requests must be submitted in writing a minimum of ten business days prior to the holiday.
F. All laws applicable to noise abatement shall be observed, including those contained in Chapter 8.32 of this Code.
1. Live entertainment conducted outdoor or semi-outdoor shall not exceed a one-hour average sound level of 75.0 dBA Leq when measured at the property line.
2. Live entertainment during all other approved hours or locations not subject to the above exception shall not exceed a one-hour average sound level of 60 dBA Leq when measured at the property line.
G. The City shall utilize a progressive enforcement policy with regard to noise complaints regarding live entertainment. All complaints and enforcement herein apply only for the duration of the then active permit. Upon issuance of a new or renewed permit, the progressive enforcement policy begins from the first complaint. Upon receiving a complaint, the City will notify the business in writing that a complaint has been received. If a second complaint is received for the business, and the business cannot disprove the validity of the complaint to the satisfaction of the City, the business shall ensure that no future live entertainment performances exceed the allowable limits and shall utilize a sound level meter to monitor the sound level generated from live entertainment and provide the measurements to the City upon request by the City. To monitor the sound level, the business shall be required to use a sound meter as defined in section
8.32.040, which incorporates San Diego County Code section 36.402(s) or any future version of this code section. In addition, the sound level meter must have the capability to log and store the sound level measurements and provide said measurements in a common readable data format. If a third complaint is received for the business, and the business cannot disprove the validity of the complaint to the satisfaction of the City, the business shall ensure future sound levels do not exceed the maximum limits using a noise control plan created by a sound industry professional and provide to the City a copy of the noise control plan and satisfactory documentation that sound levels associated with the business have not exceeded the maximum level allowed. If a fourth complaint is received for the business, and the business cannot disprove the validity of the complaint to the satisfaction of the City, or if the business refuses to monitor or correct the sound level as described herein, the live entertainment permit shall be immediately suspended for a period of three months beginning on the date of the fourth complaint. If a fifth complaint is received for the business, and the business cannot disprove the validity of the complaint to the satisfaction of the City, or if the business again refuses to monitor or correct the sound level as described herein after serving a three-month suspension, the live entertainment permit shall be immediately suspended for a period of six months beginning on the date of the fifth complaint. If a sixth complaint is received for the business, and the business cannot disprove the validity of the complaint to the satisfaction of the City, or if the business again refuses to monitor or correct the sound level as described herein after serving a six-month suspension, the live entertainment permit shall be immediately suspended for a period of twelve months beginning on the date of the sixth complaint.
H. Reasonable efforts shall be undertaken to control the conduct of patrons so as to prevent or minimize disorderly or unlawful conduct upon the entertainment establishment and within 100 feet of the establishment. The 100- 06/24/2025
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oot distance shall be measured in a straight line from the property line of the permitted entertainment establishment.
I. An orderly dispersal of individuals from the vicinity of the entertainment establishment shall occur at closing time, and those dispersed shall not be permitted to congregate in the vicinity in a disorderly fashion.
J. Persons shall not bring an alcoholic beverage onto the premises, or otherwise consume an alcoholic beverage on the premises, unless the permittee has been issued an ABC license and an entertainment permit pursuant to Section 5.24.050(A)(2).
K. The maximum number of persons in the entertainment
establishment, other than employees, shall not, at any time, exceed the maximum occupant load as established by the Fire Marshal or the City Building Official.
L. The entertainment establishment, and all of its operations, must comply with all requirements relating to responsible beverage sales training and service contained in Chapter 5.10 of this Code if the entertainment establishment allows for the service of consumption of alcohol on the premises.
M. In addition to satisfying all operating requirements found in this Section, each entertainment establishment shall satisfy all other or additional requirements contained in this Code, contained in the Development Code, and imposed pursuant to any entertainment permit issued for the entertainment establishment.
N. During its business hours, the entertainment establishment shall allow entry to any peace officer or code enforcement officer of the City, County or the State, or any officer or official of the United States government, charged with the duty of enforcing police laws during the business hours of the entertainment establishment.
Section 5.24.120 Closure Based on Threat to Public Safety A. The Sheriff’s Department may require a permittee or responsible person to immediately close an entertainment activity or establishment and disperse all patrons for the remainder of the day whenever disorderly conduct reaches a magnitude that presents an immediate threat to the public safety or well-being of the patrons and general public in the vicinity.
B. It is unlawful for any person to fail to comply with any directive issued by the Sheriff’s Department under authority of Section 5.24.100(A).
Section 5.24.130 Permit Revocation
A. Any entertainment permit issued pursuant to this chapter is subject to revocation prior to the date on which it would otherwise expire if it is found that:
1. A material violation of this chapter has occurred;
2. A material violation of the terms and conditions of the entertainment permit has occurred; or
3. The continued operation of the entertainment
establishment constitutes a public nuisance or will endanger the health, safety, or welfare of the City or its inhabitants. Notice of a pending revocation shall be provided to the permittee in writing delivered to the address provided on the application and shall state the facts and grounds upon which the pending 06/24/2025
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evocation is based with a date for the pending revocation to take effect which shall be no sooner than 15 days following the date of such notice. The notice of the pending revocation shall take effect on the date indicated therein unless the applicant files a written notice of appeal with the City Clerk no later than ten days following the posting or delivery of the revocation notice shall generally set forth the facts, reasons and any legal arguments why the pending revocation should not occur. The City Manager will consider the evidence and arguments presented, and issue a written decision whether to rescind the revocation, whether to allow the revocation to take effect, identifying an effective date which shall be no sooner than 15 days following the date of the City Manager’s determination, or determine whether to rescind the revocation but to impose additional conditions on the permit.
B. Nothing in this Section shall limit the City’s authority to use any other legal means to cite, curtail, limit, enjoin, or prosecute, as applicable, any nuisance condition associated with the operation of an entertainment establishment, a violation of any provision of this Code or law, or the actions of any responsible person in connection therewith.
Section 5.24.140 Appeals
A. In the event the City Manager denies or revokes an entertainment permit, the applicant may appeal to the City Council by filing with the City Clerk a written notice of appeal within ten days from the date of such denial or revocation. The notice of appeal shall briefly present the facts, reasons, and legal arguments why the permit should not be revoked or denied. If such appeal is filed, the City Council shall set an informal hearing to review the appeal. The hearing shall be set within a reasonable time which shall be: (1) no sooner than 15 days from the date of the notice of appeal; and (2) no longer than 30 days from the date of the notice of appeal unless a regular meeting of the City Council has been cancelled, in which case the hearing shall occur no later than 60 days following the date of the notice of appeal. If a timely appeal is not filed, the decision of the City Manager shall become final.
B. The appeal before the City Council shall constitute a de novo proceeding. The applicant may submit to the City Clerk any written materials, arguments, evidence, and declarations. To allow for proper review and consideration, all submissions by the applicant or permittee must be received by the City Clerk no later than ten days prior to the scheduled hearing. Following the appeal, the City Council shall take action on the appeal. If the appeal is denied, the facts and reasons for the denial shall be set forth in writing and the date for a revocation, if applicable, shall be no sooner than ten days following the date of such written notice.”
3. Severability. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall be so construed, as if the original ordinance did not contain the invalid or unenforceable language.
4. Effective Date. This Ordinance shall be in full force and effect on the thirty-first day following the date of its adoption.
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5. Adoption. INTRODUCED and ADOPTED at a meeting of the City Council of the City of Vista held on June 24, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED
Walter C. Chung
20250616143749
06/24/2025
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00029213 7
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AMENDING THE ANNUAL LICENSE FEE FOR LIVE
ENTERTAINMENT PERMITS
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The City has updated Chapter 5.24 of the Vista Municipal Code to update and streamline the permitting process for entertainment establishments, which includes consolidating permit types and expanding exemptions.
B. A new, single “Class 1” live entertainment permit now covers sound amplification, dancing and alcohol service, simplifying administration and compliance.
C. City staff have evaluated the cost of processing the revised permit and recommends setting the fee at three hundred twenty five dollars ($325) for a two-year term, reflecting staff time and administrative costs, including background checks in coordination with the San Diego County Sheriff’s Office.
D. The proposed fee was noticed to the public and complies with all applicable laws regarding the establishment of regulatory fees.
2. Action.
A. The City Council hereby adopts a revised fee of three hundred twenty five dollars ($325) for the consolidated live entertainment permit with the permit being valid for two (2) years.
B. The revised fee shall take effect concurrently with the effective date of the ordinance amending Chapter 5.24 of the Vista Municipal Code.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 24, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20250612121857
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 2
Live Entertainment Permit Application Fees
Permit Type Alcohol Amplification Dancing Annual Fee
1 No No No $37.50
1A Yes No No $50.00
2 No Yes No $50.00
2A Yes Yes No $75.00
3 No Yes Yes $75.00
3A Yes Yes Yes $100.00
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EXHIBIT 3
PRIOR ACTIONS
O
n December 14, 2021, Adopt City Council Ordinance No. 2021-15 Amending Chapter 5.24 of the Vista Municipal Code concerning Establishments Offering Live Entertainment (Vote: 5-0).
O
n November 9, 2021, adopted a 60-day moratorium on the enforcement of live entertainment being limited to occurring in a fully enclosed building in the Historic Downtown and Paseo Santa Fe Corridor, for those with a current live entertainment permit, and directed staff to bring an ordinance to the December 14 meeting to amend VMC 5.24 (Vote: 5-0).
O
n March 25, 2014, Adopt City Council Ordinance No. 2014-7, Amending Chapter 5.24 of the Vista Municipal Code concerning Establishments Offering Live Entertainment and Amending Vista Municipal Code Section 8.32.040 concerning Noise Control (Vote: 4-1, Campbell opposed).
O
n February 10, 1998, adopted City Council Ordinance No. 98-1, Repealing and Readopting Chapter 5.24 of the Vista Municipal Code Relating to Licensing and Regulation of Cabarets and Dance Halls (Vote: 5-0).
O
n May 29, 1990, adopted City Council Ordinance No. 90-16, Adopting by Reference Chapter 4 of Division 6 of Title 3 Relating to Control of Noise of the San Diego County Code of Regulatory Ordinances (Vote: 3-0, McClellan and Wade absent).
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EXHIBIT 4
CITY OF VISTA
NOTICE OF PUBLIC HEARING
AMENDING CHAPTER 5.24 OF THE VISTA MUNICIPAL CODE RELATED TO
ESTABLISHMENTS OFFERING LIVE ENTERTAINMENT AND SETTING APPLICATION FEE NOTICE IS HEREBY GIVEN THAT the City Council of the Chartered City of Vista, California will hold a public hearing in the Council Chambers at the Vista Civic Center, at 200 Civic Center Drive, Vista, California, on Tuesday, June 24, 2025 at 5:30 p.m. to obtain citizen views and respond to questions regarding proposed amendments to Chapter 5.24 of the Vista Municipal Code related to establishments offering live entertainment and setting the application fee.
ALL INTERESTED PARTIES ARE INVITED to attend said hearing and express opinions on the matter outlined above.
QUESTIONS regarding the above should be directed to Management Analyst London Adams by telephoning (760) 643-5206; questions and written comments may also be submitted by email to [email protected].
CERTIFICATION
I, Kathy Valdez, City Clerk of the City of Vista, California, certify that I caused the foregoing public notice to be posted on June 10, 2025 on the City’s website, vista.gov, and at the Vista Civic Center, 200 Civic Center Drive, Gloria McClellan Adult Activity Center and Vista Library.
Kathy Valdez, City Clerk
06/24/2025
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EXHIBIT 5
Vista Municipal Code
5.24 (1) (Vista 4/17/25)
Chapter 5.24
E
stablishments Offering Live Entertainment
Sections:
5. 24.010 Purpose and Intent
5.24.020 Definitions
5.24.030 Permit Requirements; Mandatory Legal and Regulatory Compliance
5.24.040 Exemptions from Permit Requirement
5.24.050 Permit Types
5.24.060 Applications for Permits – Contents
5.24.070 Investigation of Applications
5.24.080 Actions on Applications; Conditions
5.24.090 Duration of Approved Permits
5.24.100 Renewal of Permits
5.24.110 Operating Standards for Entertainment and Entertainment Establishments
5.24.120 Closure Based on Threat to Public Safety
5.24.130 Permit Revocation
5.24.140 Appeals
5.24.150 Previously Issued Licenses for Cabarets and Dance Halls S
ection 5.24.010 Purpose and Intent
A. The City Council of the City of Vista encourages the development of arts and c
ulture, and recognizes that many entertainment establishments contribute to that goal. While these venues can enhance the community, entertainment establishments sometimes generate excessive noise or disorderly conduct by patrons. This can be particularly true at closing times, with the resulting attendant adverse public safety impact on the surrounding business and residential community.
B. Therefore, it is the purpose of this chapter t o regulate the operations of entertainment establishments for the public safety. It is not the City's intent to regulate or restrict the type or content of entertainment provided in thoseat such establishments. All permittees and responsible persons must control will be held responsible for controlling patron conduct in and around the establishments, making adequate provisions for security and crowd control, protecting the City's youth, and take steps taking actions to minimize or eliminate public disturbances and criminal activity arising f rom which may result from, or be associated with, the operation of the entertainment establishment.
C. The City Council finds that the imposition of appropriate conditions, using the pr
ocedures established by this chapter, will allow entertainment establishments to effectively operate in alignment with while meeting the City's public safety needs. (Prior Code 3-1; Ord. 66-23, Enacted 9/6/66; Ord. No. 98- 1, Repealed and Replaced, 02/10/ 98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14)
S
ection 5.24.020 Definitions
For
purposes of this chapter the following terms shall have the definitions presented below.
“ABC License" means the license issued by the California Department of Alcoholic Beverage Control.
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EXHIBIT 6
Vista Municipal Code
5.24 (2) (Vista 4/17/25)
“City Manager" means the City Manager for the City of Vista or the City Manager's designee.
“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 is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons, including:
A. Presentations by single or multiple performers, such as hypnotists, pantomimes, comedians, musical song or dance acts, karaoke, dance or theatre performances plays, concerts, any type of contests;, sporting events, exhibitions, concerts carnival, rodeo or circus acts, demonstrations of talent; shows, reviews, or any other such activity which may be attended by members of the public.
B. Dancing to live or recorded music.
C
. Recorded music presented by a DJ or similar operator contracted by t he establishment.
The presentation of recorded music played on equipment which is operated by an agent or contractor of the establishment, commonly known as " DJ” or “disc jockey." “Entertainment permit" means a permit obtained from the City Manager, or upon on appeal, from the City Council, pursuant to the provisions of this chapter for the purposes of to operating e an entertainment establishment.
“Permittee" means a person, persons, or business entity that has been issued an entertainment permit as provided in in accordance with this chapter. “Reasonable efforts" means the provision of an adequate number of licensed security personnel as required by an to the extent required as a condition of an entertainment permit, the adoption of operating policies that are consistent with the requirements of this Code and the permit and compliance with the adherence to those policies, the documented training of employees on in the carrying out of the establishment operating policies, notifying the Sheriff's Department of apparent criminal activity, and the taking of all additional measures, consistent with sound business judgment, necessary to achieve compliance with this chapter and conditions imposed by the applicable permit. on the entertainment or entertainment establishment by the applicable entertainment permit.
“Responsible person" means any person who is physically at the place of entertainment or entertainment establishment, whether or not an entertainment permit has been issued, and is any of the following:
A. The person who owns the entertainment establishment.
B. The person in charge of the entertainment establishment.
C. The person using the entertainment establishment under a special arrangement.
D. An employee or agent of an the owner or manager of the entertainment establishment when the owner or manager is temporarily absent . from the entertainment establishment.
E. The entertainment establishment's manager or on-site supervisor. “Theater" means any commercial establishment where regular theatrical performances, such as dramatic or narrative performances performances of literary compositions that tell a story, are given, usually on a stage, and usually with ascending row seating or some arrangement of permanent seating.
(Prior Code 3-2; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14)
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Vista Municipal Code
5.24 (3) (Vista 4/17/25)
Section 5.24.030 Permit Requirements; Mandatory Legal and Regulatory Compliance A. Unless exempted by this chapter, it is unlawful for the owner of an entertainment es
tablishment or a responsible person, to provide, host, provide, or permit allow any entertainment which is open to the public without a valid and current entertainment permit.
B. It is unlawful for the owner of an entertainment establishment or a responsibl e per
son to provide or permit any entertainment, or to operate an entertainment establishment, without having the correct class of entertainment permit as set forth in Section 5.24.050.
C. It is unlawful for an entity or a responsible person, to operate an entertainment establishment in a manner that violates:
1. T he provisions of this chapter.
2. T he conditions imposed in connection with an entertainment permit.
3. T he conditions imposed in connection with a special use permit or any other land use entitlement applicable to the premises on which an entertainment establishment operates.
4. A ny other provision of this Code or the Development Code which may apply to the entertainment establishment or the premises on which the entertainment establishment operates.
D. An entertainment permit shall cover only one location and shall not be t ransferable between owners or locations. to a new owner or to a new location. (Prior Code 3-3; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14)
S
ection 5.24.040 Exemptions from Permit Requirement
The f
ollowing types of entertainment and entertainment establishments are exempt from the entertainment permit required by this chapter . The following exemptions only apply to the need to obtain an entertainment permit, and do not exempt any responsible person from the obligation to satisfy all applicable laws governing that apply to that entertainment or entertainment establishment.
A. Entertainment provided in connection with a special event permit or a park event permit approved pursuant to Chapter s 12.12 and 12.13 of this Code provided that such permit specifically authorizes or allows, as applicable, the entertainment provided.
B. Entertainment occurring within a City -owned facility, including the Moonlight Amphitheatre and the Avo Playhouse, where the entertainment is specifically authorized pursuant to a contract between the City and the party managing, presenting or hosting the entertainment.
C. Entertainment sponsored by any agency of the City of Vista, the County of San Diego, the various Boards of Education, any other political subdivision of the State of California, or a charter school provided that the entertainment offered by the charter school is part of an educational and instructional program.
D. Entertainment limited to the use of recorded music, TV, video games, and bac kground music, unless used for dancing, karaoke, or any type of performance.Indoor activities will be exempt including karaoke, comedy, trivia and bingo as long as noise is contained to the property in accordance with the noise requirements of Section 5.24.110Vista Municipal Code
8.32. If these activities do not comply with the noise provisions of Section 5.24.110Vista Municipal Code 8.32, a live entertainment permit is required use of a radio, music recording machine, juke box, television, video games, video programs, or recorded music by an establishment, unless used for dance or karaoke.
E. Entertainment provided for members and their guests at a private club having an established membership when admission is not open to the public. For purposes of this Section, 06/24/2025
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Vista Municipal Code
5.24 (4) (Vista 4/17/25)
private club means corporations or associations operated solely for objects of national, social, fraternal, patriotic, political, or athletic nature, membership in which is by application and for which regular dues are charged, and the advantages of which club belong to members, and the operation of which is not primarily for monetary gain.
F. Entertainment provided at a private residence for invited guests where there is no admission charge.
G. Entertainment conducted by or sponsored by any bona fide club, organization, s
ociety or association which is exempt from taxation pursuant to Internal Revenue Code section 501(c)(3), when all proceeds, if any arising from such entertainment are used exclusively for the benevolent purposes of such club, society or association.
H. Theaters.
I. Motion picture theaters not providing live entertainment.
J. Dance lessons, theatrical and performing arts lessons.
K
. Book readings, book signings, poetry recitations, and any other similar entertainment consisting of the spoken word, including plays.
L. Fundraisers for a political cause.
(Prior Code 3-4; Ord. 66-23, Enacted 9/6/66; Ord. No. 98 -1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14)
S
ection 5.24.050 Permit Types
A. A. Un
less exempted pursuant to Section 5.24.040, a valid and current entertainment permit, of the class indicated below, must be issued for each entertainment or entertainment establishment. The permit application must specify whether any of the following conditions will apply, all of which fall under a “Class 1” permit:
1. S
ound Amplification: Whether the entertainment will include the use of amplified sound that does not comply with Vista Municipal Code 8.32Section 5.24.110.
2. Dancing: Whether dancing will be permitted or occur during entertainment.
3. Alcohol: Whether alcohol will be served or consumed on the premises.
The r
eviewing authority may consider these conditions when determining whether to approve a permit or may impose specific requirements or conditions accordingly
1. W
hen alcohol will not be served or consumed on the premises:
a. A "class 1" permit for entertainment using no sound amplification. b. A "class 2" permit for entertainment using sound amplification on one or more occasions which does not include dancing.
c. A "class 3" permit for entertainment using sound amplification on one or more occasions which includes dancing.
2. When alcohol will be served or consumed on the premises:
a. A "class 1A" permit for entertainment using no sound amplification. b. A "class 2A" permit for entertainment using sound amplification, on one or more occasions which does not include dancing.
c. A "class 3A" permit for entertainment using sound amplification on one or more occasions which includes dancing.
B. For purposes of this section, entertainment includes dancing when the entertainment establishment:
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Vista Municipal Code
5.24 (5) (Vista 4/17/25)
1. H as a dance floor of at least 100 square feet which can be used for dancing by
those in attendance; or
2. Clears an area of at least 100 square feet which can be used for danci ng by
those in attendance.
(Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14)
S
ection 5.24.060 Applications for Permits – Contents
A. B
efore any entertainment permit is issued, an application signed and verified by the applicant, along with any required fee, shall be filed with the City Manager, on a form approved by the City Manager.
B. The complete application shall be filed with the City Manager at least 45 days prior to each of the following:
1. The proposed start of any entertainment or the opening of the entertainment establishment.
2. The proposed effective date for a change in class or conditions associated with an issued entertainment permit.
3. The sale of any interest in the entertainment establishment or the business entity in control of the entertainment establishment which is equal to or greater than ten percent.
C. The application shall include the following information:
1. For the applicant and each person having a financial interest in the entertainment establishment of at least ten percent, that person’s name, home address, business address, and other pertinent identifying information as determined by the City Manager.
2. The nature of the business or activity for which a permit is requested, and the class of permit requested.
3. The name and address of the person by whom the applicant is employed, if any.
4. The address and a detailed description of the premises for which the permit is sought, including but not limited to the approximate size of the lot and the approximate square footage of any structure in which the activity will occur, a description of the area where any dancing, if any, is to be conducted, a description of any parking facilities on the premises and in the nearby vicinity, and a general description of the neighborhood in which the premises are located.
5. A description of the principal activities to be conducted on the premises.
6. Whether alcoholic beverages will be offered for sale or otherwise provided, and, if so, the number of the applicable ABC license.
7. The names, residence addresses, business addresses, and other pertinent identifying information for each responsible person currently employed or associated with an operating entertainment establishment or who is anticipated to be employed by or associated with an entertainment establishment for the coming permit year.
8. The maximum capacity of the room or rooms where the entertainment will occur.
9. Whether the applicant or any other responsible person(s) have been c
onvicted of a misdemeanor or felony offense within the past ten years, including details of the the nature of such offense(s) and the sentence(s). received therefor.
10. Whether the applicant has ever obtained or sought to obtain an entertainment permit or similar permit in the past, and whether such permit was ever revoked or denied.
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Vista Municipal Code
5.24 (6) (Vista 4/17/25)
11. Written consent for the proposed entertainment on the premises from the owner of the property on which the entertainment is to be conducted.
12. A floor plan in sufficient detail to permit a review of the function, operation, and legal compliance of the entertainment establishment presented in such manner as may be required by the application form.
13. Such other information as the City Manager may deem necessary or proper f
or processing and review of the application, including for entertainment using amplified sound, a professional acoustical or sound study which may be required in connection with the i nitial application, any reapplication, or any appeal thereof.
(Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98 -1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14)
S
ection 5.24.070 Investigation of Applications
A. A
copy of each entertainment application pursuant to Section 5.24.0 60 and r
enewal application pursuant to Section 5.24.100 shall be provided to the Sheriff’s Department who shall report on:
1. Whether the submitted application is accurate and truthful in all materia l r
espects.
2. Whether the entertainment or entertainment establishment m eets la w enforcement requirements for permit issuance per would, with respect to law enforcement and related subjects, satisfy the requirements for issuance of a permit presented in Section 5.24.080.
3. C
onditions which the City Manager can consider imposing on the entertainment establishment, consistent with this chapter, if the application is approved.
B. The City Manager shall obtain comments and reports from City departments and Cit
y officials, including the Fire Marshal and Building Official, regarding whether the entertainment establishment would satisfy the requirements of this Code and, the standards for approval set forth in Section 5.24.080.
(Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98 -1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14)
S
ection 5.24.080 Action on Applications – Conditions
A
. The City Manager shall approve the issuance of the entertainment permit if he or she finds all of the following:
1. The submitted application was complete, signed, verified , and accompanied by the required fee.
2. The application did not include any material misstatement o f fa ct o r omission of fact.
3. Issuance of the permit and conduct of the entertainment at the proposed location, as conditioned, will conform with federal, state and local laws, rules, regulations and any existing special use or similar permit(s).
4. Issuance of the permit and conduct of the entertainment at the proposed l
ocation, as conditioned, will not pose an undue burden on the neighborhood due to because of its proximity to residences, inadequate parking or other neighborhood factors, circumstances and will not interfere with the reasonable use and enjoyment of the neighborhood by residents and commercial interests.
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Vista Municipal Code
5.24 (7) (Vista 4/17/25)
5. Neither the applicant nor any responsible person or principal of the appl
icant has, within the past ten years, been convicted of a felony or other crime of moral turpitude that is substantially related to the qualifications, functions or duties of a proprietor or manager charged with the lawful and responsible operation of an entertainment establishment or the premises upon which such establishment is located.
6. Neither the applicant nor any responsible person or principal of the applicant has a history of committing, permitting or failing to prevent significant violations of this Code, the Development Code, or any license or permit, in connection with the operation of an entertainment establishment or premises similar to that upon which the entertainment establishment will be located.
B. The City Manager may impose conditions when issuing an entertainment permit.
1. Conditions may be imposed to ensure a
ssure that the entertainment or
entertainment establishment will satisfy the requirements of this chapter , this Code, the Development Code and will operate without creating the adverse impacts that, pursuant to paragraph (A), would have justified denial of the application.
2. All conditions shall be set forth in writing and shall be deemed to be appended to the issued entertainment permit.
3. Should the applicant object to any conditions t hey imposed on an approved entertainment permit, the applicant may request that the City Manager reconsider the imposition of one or more conditions. An objection to one or more conditions may be filed in writing personally with the City Clerk following the date that the entertainment permit is approved, but no more than once in any fiscal year with respect to the same condition. The request for reconsideration shall specify the specific conditions to which objection is made, and shall present all factual, legal and other arguments regarding why that condition or those conditions should not be imposed. The City Manager will then review the objections and issue a written response. The written response shall identifying which protested conditions have been eliminated or retained. For any retained condition, the written determination shall present the facts and reasons for retaining the condition.
The City Manager’s determination shall be final, and the applicant shall, pending resolution, comply with all disputed conditions unless such compliance is waived in writing by the City Manager upon request by the applicant. As an alternative to the preceding procedures, the City Manager may elect to present a request for reconsideration to the City Council when the contested condition, in the City Manager’s discretion, involves larger or unique matters of potential public concern. In that event, the request for reconsideration shall be presented to the City Council using the procedures set forth in Section 5.24.140, and the City Council’s action shall be final.
C. If the City Manager denies the application, the applicant shall be notified of the r
easons for the denial in writing within 45 days after receipt of a complete application. However, failure to notify the applicant within the specified time period does not entitle the applicant to the permit.shall not constitute a basis for granting the permit. An applicant denied an entertainment permit has a right to appeal the denial in accordance with Section 5.24.130. If a timely appeal is not requested, the denial shall be final.
(Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98 -1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14; Ord. No. 2014-12, Amended, 06/24/14) Se
ction 5.24.090 Duration of Approved Permits
A. E
ntertainment permits shall expire when either of the following occurs:
1. Two years after issuance; or
2. The business operated by the entertainment establishment moves to a new l
ocation.
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Vista Municipal Code
5.24 (8) (Vista 4/17/25)
(P
rior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14; Ord. No. 21-15, Amended 12/14/21) S
ection 5.24.100 Renewals of Permits
A. The f
ollowing procedure shall be used for the review of applications for renewal of all entertainment permits.
1. A renewal notice shall be sent to the permittee at least 30 days prior to a s
cheduled expiration of the entertainment permit.
2. To apply for renewal, the permittee shall remit the required renewal fee set by resolution of the City Council and shall update the information concerning the entertainment establishment and its operation by providing the following:
a. Any information or disclosure that wh ich should have been included, in a prior application or renewal a prior application for renewal, but which was omitted. not included therein.
b. Information regarding any change in ownership of the entertainment establishment which is ten percent or greater, including all information required for the new owner in accordance with Section 5.24.060(C).
c. With respect to the information provided pursuant to Section
5.24.060, any change in the proposed operation, design, or layout of the entertainment establishment or the nature of the entertainment to be provided. d. Whether:
1. The permittee or any responsible person has been
convicted, since the submission of the last application, of a misdemeanor or felony offense, the nature of that offense, and any sentence therefor; and
2. The names and identifying information of any new
responsible person not disclosed in a prior application. e. Whether the permittee, since the submission of the last application, has had an entertainment permit or similar permit revoked or not renewed, and the basis for that decision.
f. Whether the applicant seeks a different c
lass of entertainment
permit than which varies from the class of the current permit.
3. Any application for renewal shall be signed and verified by the applicant.
B. The application shall be eligible for approval if it satisfies the requirements of Section 5.24.080.
C. All conditions imposed on the immediately prior permit shall continue with respect to any renewed permit, and the City Manager may impose additional conditions in accordance with Section 5.24.080(B).
D. If the City Manager denies an application, the basis for the denial shall be pr
esented in accordance with Section 5.24.080(C) and any appeal shall be processed in accordance with Section 5.24.140.
(Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 90-22, Amended, 6/29/90; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14) S
ection 5.24.110 Operating Standards
E
ach entertainment and each entertainment establishment is required to satisfy the following operating standards, and each responsible person shall engage in all reasonable efforts to assure that any entertainment or entertainment establishment satisfies the following operating standards:
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Vista Municipal Code
5.24 (9) (Vista 4/17/25)
A. The entertainment permit shall be displayed on the premises in a conspicuous place so that law enforcement persons entering may readily see the entertainment permit and any conditions imposed thereon. A copy of the floor plan approved with the entertainment permit shall be made available at all times at the request of any law enforcement officer or fire marshal.
B. The entertainment establishment shall be closed and all patrons shall vacate t he pr
emises between 2:00 a.m. and 6:00 a.m., unless the entertainment permit is conditioned for additional hours of closure.
C. Reasonable efforts shall be made to prevent the admission of any person whos e c
onduct is described in Penal Code Section 415 (fighting, loud noise) or 647 (disorderly conduct) at the premises or on any parking lot or similar facility used by the establishment. The responsible person shall make reasonable efforts to remove persons exhibiting such conduct from the establishment, including calling the Sheriff’s Department when circumstances warrant.
D. Reasonable passageway shall be provided through any part of a room used by patrons and entertainers for their ingress and egress.
E. Except as provided below, an establishment providing amplified live ent ertainment
shall assure that the amplified live entertainment occurs exclusively within a fully enclosed building with all windows and doors closed, except that a door may be briefly and temporarily opened as may be necessary to accommodate ingress or egress. Notwithstanding the preceding requirement, amplified live entertainment may occur within a building that has open doors, windows, or other passages and on approved patios if such entertainment is expressly authorized in the conditions for the entertainment permit and the entertainment occurs between the hours of:
• noon and 10 p.m. within an industrial zone, or
• 5:00 pm and 9:00 pm Monday through Thursday,
• 5:00 pm and 10:00 pm on Friday,
• noon and 10:00 pm on Saturday,
• noon and 9:00 pm on Sunday,
and the establishments is located within:
• (i) the Historic Downtown Planning District in the Downtown Vista Specific Plan; • (ii) the Paseo Santa Fe Planning District in the Downtown Vista Specific Plan; or • (iii) Zone A of the Central Vista Business Improvement District. noon and 10 p.m. within an industrial zone, or between or the hours of 5:00 pm and 9:00 pm Monday through Thursday, between 5:00 pm and 10:00 pm on Friday, between noon and 10:00 pm on Saturday, between noon and 9:00 pm on Sunday, and the establishments is located within (i) the Historic Downtown Planning District in the Downtown Vista Specific Plan; (ii) the Paseo Santa Fe Planning District in the Downtown Vista Specific Plan; or (iii) Zone A of the Central Vista Business Improvement District.
Thes
e exceptions are only applicable to spaces located on the ground floor and approved patio areas. For purposes of this paragraph, the industrial zone shall include the M -1 zone, I-P zone, Business Park Specific Plan, or Specific Plan 14.
Requests for extended hours for live entertainment on holidays may be approved by the City Manager on a case-by-case basis; requests must be submitted in writing a minimum of ten business days prior to the holiday.
F. All laws applicable to noise abatement shall be observed, including those contained in Chapter 8.32 of this Code.
1. Live entertainment conducted outdoor or semi-outdoor shall not exceed a one- hour average sound level of 75.0 dBA Leq when measured at the property line. 06/24/2025
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5.24 (10) (Vista 4/17/25)
2. Li ve entertainment during all other approved hours or locations not subject to the above exception conducted during other approved entertainment hours, or at locations not subject to the exception above, shall not exceed a one-hour average sound level of 60 dBA Leq when measured at the property line.
G. The City shall utilize a progressive enforcement policy with regard to nois e c
omplaints regarding live entertainment. All complaints and enforcement herein apply only for the duration of the then active permit. Upon issuance of a new or renewed permit, the progressive enforcement policy begins from the first complaint. Upon receiving a complaint, the City will notify the business in writing that a complaint has been received. If a second complaint is received for the business, and the business cannot disprove the validity of the complaint to the satisfaction of the City, the business shall ensure that no future live entertainment performances exceed the allowable limits and shall utilize a sound level meter to monitor the sound level generated from live entertainment and provide the measurements to the City upon request by the City. To monitor the sound level, the business shall be required to use a sound meter as defined in section
8.32.040, which incorporates San Diego County Code section 36.402(s) or any future version of this code section. In addition, the sound level meter must have the capability to log and store the sound level measurements and provide said measurements in a common readable data format.
If a third complaint is received for the business, and the business cannot disprove the validity of the complaint to the satisfaction of the City, the business shall ensure future sound levels do not exceed the maximum limits using a noise control plan created by a sound industry professional and provide to the City a copy of the noise control plan and satisfactory documentation that sound levels associated with the business have not exceeded the maximum level allowed. If a fourth complaint is received for the business, and the business cannot disprove the validity of the complaint to the satisfaction of the City, or if the business refuses to monitor or correct the sound level as described herein, the live entertainment permit shall be immediately suspended for a period of three months beginning on the date of the fourth complaint. If a fifth complaint is received for the business, and the business cannot disprove the validity of the complaint to the satisfaction of the City, or if the business again refuses to monitor or correct the sound level as described herein after serving a three-month suspension, the live entertainment permit shall be immediately suspended for a period of six m onths beginning on the date of the fifth complaint . If a sixth complaint is received for the business, and the business cannot disprove the validity of the complaint to the satisfaction of the City, or if the business again refuses to monitor or correct the sound level as described herein after serving a six -month suspension, the live entertainment permit shall be immediately suspended for a period of twelve months beginning on the date of the sixth complaint.
H. Reasonable efforts shall be undertaken to control the conduct of patrons so as to prevent or minimize disorderly or unlawful conduct upon the entertainment establishment and within 100 feet of the establishment. The 100 -foot distance shall be measured in a straight line from the property line of the permitted entertainment establishment.
I. An orderly dispersal of individuals from the vicinity of the entertainment establishment shall occur at closing time, and those dispersed shall not be permitted to congregate in the vicinity in a disorderly fashion.
J. Persons shall not bring an alcoholic beverage onto the premises, or otherwis e
c
onsume an alcoholic beverage on the premises, unless the permittee has been issued an ABC license and an entertainment permit pursuant to Section 5.24.050(A)(2).
K. The maximum number of persons in the entertainment establishment, other than employees, shall not, at any time, exceed the maximum occupant load as established by the Fire Marshal or the City Building Official.
L. The entertainment establishment, and all of its operations, must comply with all r
equirements relating to responsible beverage sales training and service contained in Chapter 06/24/2025
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5.24 (11) (Vista 4/17/25)
5.10 of this Code if the entertainment establishment allows for the service of consumption of alcohol on the premises.
M. In addition to satisfying all operating requirements found in this Section, each entertainment establishment shall satisfy all other or additional requirements contained in this Code, contained in the Development Code, and imposed pursuant to any entertainment permit issued for the entertainment establishment.
N. During its business hours, the entertainment establishment shall allow entry to any peac
e officer or code enforcement officer of the City, County or the State, or any officer or official of the United States government, charged with the duty of enforcing police laws during the business hours of the entertainment establishment.
(Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14; Ord. No. 2021-15, Amended, 12/14/21) Section 5.24.120 Closure Based on Threat to Public Safety A. The Sheriff’s Department may require a permittee or responsible person to im
mediately close down the operations of an entertainment or an entertainment activity or establishment and disperse all patrons for the remainder of the day its daily operation whenever conduct by disorderly conduct patrons reaches a magnitude that presents an immediate threat to the public safety or well-being of the patrons and general public in the vicinity.
B. It is unlawful for any person to fail to comply with any directive issued by the S
heriff’s Department under authority of Section 5.24.100(A). (Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 75-58, Amended 12/22/75; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2010- 8, Amended, 5/11/10; Ord. No. 2014- 7, Amended in its Entirety, 03/25/14)
Section 5.24.130 Permit Revocation
A. Any entertainment permit issued pursuant to this chapter is subject to revocation prior to the date on which it would otherwise expire if it is found that:
1. A material violation of this chapter has occurred;
2. A material violation of the terms and conditions of the entertainment permit has occurred; or
3. The continued operation of the entertainment establishment constitutes a publ
ic nuisance or will endanger the public, health, safety, or welfare of the City or its inhabitants.
Notice of a pending revocation shall be provided to the permittee in writing delivered to the address provided on the application and shall state the facts and grounds upon which the pending revocation is based with a date for the pending revocation to take effect which shall be no sooner than 15 days following the date of such notice. The notice of the pending revocation shall take effect on the date indicated therein unless the applicant files a written notice of appeal with the City Clerk no later than ten days following the posting or delivery of the revocation notice shall generally set forth the facts, reasons and any legal arguments why the pending revocation should not occur. The City Manager will consider the evidence and arguments presented, and issue a written decision whether to rescind the revocation, whether to allow the revocation to take effect, identifying an effective date which shall be no sooner than 15 days following the date of the City Manager’s determination, or determine whether to rescind the revocation but to impose additional conditions on the permit.
B. Nothing in this Section shall limit the City’s authority to use any other legal means t
o cite, curtail, limit, enjoin, or prosecute, as applicable, any nuisance condition associated with 06/24/2025
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5.24 (12) (Vista 4/17/25)
the operation of an entertainment establishment, a violation of any provision of this Code or law, or the actions of any responsible person in connection therewith. (Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98- 1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14)
Section 5.24.140 Appeals
A. In the event the City Manager denies or revokes an entertainment permit, the applicant may appeal to the City Council by filing with the City Clerk a written notice of appeal within ten days from the date of such denial or revocation. The notice of appeal shall briefly present the facts, reasons, and legal arguments why the permit should not be revoked or denied.
If such appeal is filed, the City Council shall set an informal hearing to review the appeal. The hearing shall be set within a reasonable time which shall be: (1) no sooner than 15 days from the date of the notice of appeal; and (2) no longer than 30 days from the date of the notice of appeal unless a regular meeting of the City Council has been cancelled, in which case the hearing shall occur no later than 60 days following the date of the notice of appeal. If a timely appeal is not filed, the decision of the City Manager shall become final.
B. The appeal before the City Council shall constitute a de novo proceeding. The appl
icant may submit to the City Clerk any written materials, arguments, evidence , and declarations. To allow for proper review and consideration, all submissions by the applicant or permittee must be received by the City Clerk no later than ten days prior to the scheduled hearing.
Following the appeal, the City Council shall take action on the appeal. If the appeal is denied, the facts and reasons for the denial shall be set forth in writing and the date for a revocation, if applicable, shall be no sooner than ten days following the date of such written notice. (Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98 -1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14; Ord. No. 2014-12, Amended, 06/24/14) Section 5.24.150 Previously Issued Licenses for Cabarets and Dance Halls A. Licenses issued to cabarets and dance halls pursuant to the former Chapter 5.24 shall remain valid through June 30, 2014, unless a license expires earlier in accordance with Section 5.24.120 of that chapter. Until these licenses expire, the cabaret and dance halls shall continue to operate in accordance with the terms of its license and in accordance with all terms of the former Chapter 5.24.
B. If a person or business operating an entertainment establishment pursuant to a valid and current cabaret or dance hall permit wishes to offer entertainment after June 30, 2014, that person or business must apply for an entertainment permit within the time limits set by Section
5.24.060(B), and must obtain a valid entertainment permit in order to provide entertainment after June 30, 2014.
(Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 90-17, Amended, 5/29/90; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14) xxx
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Position Hourly rate Total hours Total rate
CMO analyst $40.52 3 $121.56
BL $35.25 2 $70.50
Sheriff's Office $30.65 2 $61.30
CM $145.58 0.5 $72.79
TOTAL $326.15
Proposed Fee $325.00
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EXHIBIT 7
Vista Municipal Code
Chapter 8. 32
Noise Control
Sections:
8. 32. 010 Prima Facie Noise Violations
8. 32. 020 Enforcement of Prima Facie Violations
8. 32. 030 Violation of Section 8. 32. 010 - Penalty
8. 32. 040 Adoption of County Regulations Relating to Noise Control
8. 32. 050 Violation of Section 8. 32. 040 - Penalty
8. 32. 060 Additional Remedy
Section 8. 32. 010 Prima Facie Noise Violations
Any of the following constitutes prima facie evidence of a violation of this section:
A. The operation of any such sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, loudspeaker and sound amplifier or similar machine or device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located.
B. The operation of any sound amplifier, at any time of day or night, which is part of, or connected to, any radio, stereo, receiver, compact disc player, cassette tape player or other similar device, when operated in such a manner as to be plainly audible at a distance of 50 feet and when operated in such a manner as to cause a person to be aware of vibration accompanying the sound at a distance of 50 feet from the source.
Prior Code 19- 7. 7; Ord. No. 89- 41, Amended 1/ 8/ 90) Section 8. 32. 020 Enforcement of Prima Facie Violations Any peace officer, as defined in Chapter 4. 5 ( commencing with Section 830) of the Penal Code, who encounters prima facie evidence of a violation of Section 8. 32. 010 is empowered to enforce these provisions.
Prior Code 19- 7. 8; Ord. No. 89- 41, Amended 1/ 8/ 90) Section 8. 32. 030 Violation of Section 8. 32. 010 - Penalty A. Any person violating Section 8.32.010 is deemed guilty of a misdemeanor and shall have a mandatory court appearance, and upon conviction thereof is punishable according to the provisions of Section 1. 16. 010 of this code. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.
B. Notwithstanding the penalty provisions of subsection ( A) of this section, following the conviction of a defendant for any prima facie violations of Section 8.32. 010, the prosecutor or city attorney may bring a motion requesting the court to order the confiscation and the destruction of any or all of the components amplifying or transmitting the sound.
Prior Code 19- 7. 9; Ord. No. 89- 41, Amended 1/ 8/ 90) Section 8. 32. 040 Adoption of County Regulations Relating to Noise Control A. There is adopted by the City Council, for the purpose of controlling noise, that certain code known as the San Diego County Code of Regulatory Ordinances, Chapter 4 of Division 6 of Title 3, relating to control of noise, excepting therefrom the table set out in Section
36.404 and replacing it with the following:
8. 32 ( l) Vista 4/ 25/ 14)
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EXHIBIT 8
Vista Municipal Code
Table 8. 32. 040
APPLICABLE EXTERIOR PROPERTY LINE NOISE LIMITS
Applicable Limit One- hour
Zone Time Average Sound Level ( Decibels)
A- 1, E- 1, O & OSR 7: 00 a. m.-- 10: 00 p. m. 50
R- 113, MHP 10: 00 p. m.-- 7: 00 a. m. 45
R- M 7: 00 a. m.-- 10: 00 p. m. 55
10: 00 p. m.-- 7: 00 a. m. 50
C- 1, C- 2, 0- 3, C- T, OP, M- U
and Downtown Specific Plan 7: 00 a. m.-- 10: 00 p. m. 60 10: 00 p. m.-- 7: 00 a. m. 55
M- 1, I- P, all areas of the
Vista Business Park Specific
Plan and Specific Plan 14 Any time 70
B. The one- hour average sound level limit specified in paragraph A shall be reduced by five decibels for a noise which, in the judgment of the noise control officer, constitutes a whine, screech, hum, or a repetitive noise such as hammering or riveting.
C. One copy of the County Code is filed in the Office of the City Clerk, and it is adopted and incorporated as though fully set out at length in this chapter. From the date on which the ordinance codified in this section takes effect, the provisions thereof are controlling within the limits of the city.
D. The provisions of Section 8. 32. 010 and paragraph A of this Section are not applicable to entertainment conducted under a valid permit issued pursuant to Chapter 5. 24 when the entertainment satisfies all conditions for sound generation and sound attenuation imposed by Section 5. 24. 110 and the applicable permit, including operating hours of the entertainment. Failure to satisfy the noise generation or attention conditions imposed by an entertainment permit or this Chapter constitutes a violation of this Chapter.
E. Except as limited by paragraph D, all provisions in this Chapter apply to any noise or sound generated by activities on premises holding an entertainment permit, including noise generated by activities not qualifying as an entertainment, noise generated by entertainment occurring outside of the hours authorized in the entertainment permit, and noise generated by forms of entertainment not authorized under an entertainment permit.
Prior Code 19- 40; Ord. No. 83- 13, Amended 4/ 11/ 83; Ord. No. 83- 29, Amended 6/ 16/ 83; Ord. No. 89- 41, Amended 1/ 8/ 90; Ord. No. 90- 16, Amended, 5/ 29/ 90; Ord. No. 2014- 7, Amended and Added, 3/ 25/ 14) Section 8. 32. 050 Violation of Section 8.32.040- Penalty Any person violating any of the provisions of Section 8.32.040 is deemed guilty of a misdemeanor and upon conviction thereof shall be punishable according to the provisions of Section 1. 16. 010 of this code. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.
Prior Code 19- 40; Ord. No. 90- 16, Amended, 5/ 29/ 90) Section 8. 32. 060 Additional Remedy
As an additional remedy, the operation or maintenance of any device, instrument, vehicle, machinery or other item in violation of any provision of this chapter for which operation or maintenance causes discomfort or annoyance to persons of normal sensitivity or which endangers the comfort, repose, health or peace of residents in the area, is deemed and is
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declared to be a public nuisance and is subject to summary abatement, in order to preserve or protect the public health, safety or welfare, abatement by a restraining order or injunction issued by a court of competent jurisdiction, or by abatement and assessment in accordance with the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title 1 commencing with Section 16.201) of the County Code.
Prior Code 19- 40; Ord. No. 90- 16, Amended, 5/ 29/ 90)
8. 32 ( 3) Vista 4/ 25/ 14)
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