5.43.150 PERFORMANCE STANDARDS FOR ALL ENTERTAINMENT BUSINESSES.

The following performance standards shall apply to all entertainment businesses and shall be deemed conditions of all entertainment permits, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to this chapter;

(a) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and building regulations and standards adopted by the City of San Mateo.

(b) The premises within which the entertainment business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building and comply with all applicable city noise regulations.

(d) The business premises offering entertainment shall be suitably lighted with minimum lighting therein of six-candle power at floor level, except during performances on stages.

(e) All patrons must be out of the building by 2:00 a.m.

(f) Security personnel shall be visible at the primary entrance at closing of the entertainment business and shall remain until patrons are dispersed. Security shall not permit crowds and/or patrons to loiter in the front of or in the immediate vicinity of the entertainment business after closing.

(g) The permittee shall arrange for litter removal from the store front and public sidewalks adjacent to the store front after every closing.

(h) Businesses with entertainment business permits requiring a multi-agency response or riotous situation response or meeting the definition of an "unruly gathering" as specified in Chapter 7.22 may be charged for police services as provided for in Chapter 7.22.

(i) Private Rooms. No entertainment shall be offered, permitted, or allowed to take place within a private room the interior of which is not fully visible by a person standing in at least one place within 10 feet of the primary entrance to the premise in which the entertainment is offered, unless all of the following conditions are met:

(1) Visibility into the private room is provided through the installation in the wall separating the room from a corridor accessible to patrons or the main room of the premises of a 12 square foot window measuring 4 feet in width by 3 feet in height, the lower edge of which shall be installed at a point 4 feet above the floor.

(2) In rooms constructed under valid building permits and existing on the effective date of the ordinance adding this provision, if there is insufficient wall surface separating the private room from the main room or a corridor accessible to patrons to allow installation of a window as provided in subsection 5.43.150 (i)(1), then visibility shall be provide through the installation of a 6 square foot window measuring 2 feet in width by 3 feet in height, the lower edge of which shall be installed at a point 4 feet above the floor.

(3) The window required by subsection 5.43.150 (i)(1) or 5.43.150 (i)(2) shall remain completely clear and unobstructed at all times.

(4) The dimensions of the windows required by subsection 5.43.150 (i)(1) or 5.43.150 (i)(2) are the minimum required, but may be larger.

(5) The private room shall be lit to the point that allows a person on the outside of the room to observe the activity of those in the room at all times the room is occupied.

(6) Doors providing access to private rooms shall not be equipped with locks of any kind.

(7) No private room shall be configured so that the installation of the windows required by subsection 5.43.150 (i)(1) or 5.43.150 (i)(2) will not provide substantially complete visibility into the private room to a person standing outside the room.

(8) Those establishments offering entertainment in private rooms as of the effective date of the ordinance originally adding this requirement shall be modified to comply with the terms of this subsection within 180 days of the effective date of that ordinance.

(j) Security.

(1) Primary Entertainment Use.

(A) For occupancy levels below 100 persons, the permittee shall provide a minimum of two security guards. One security guard will be a front door person responsible for monitoring occupancy and admittance and maintaining a count of persons admitted. The second will monitor exterior areas and will float throughout the interior area to provide a safe environment. When occupancy exceeds 100 persons the permittee shall provide additional guards to adequately control the environment at a ratio of one guard per additional 50 people (or any fraction thereof). The permittee is responsible for providing a safe environment. The security requirements mentioned above are minimum mandatory requirements. The permittee should provide security based on all the circumstances surrounding the entertainment provided.

(B) Management shall designate a front door security presence when open for entertainment. Front door security will check identification to verify age requirements. Management shall educate this person in admission policy and maximum occupancy limit. Further, management shall provide this person with a means to monitor occupancy, screen for weapons, and direct security to prohibit further entry when maximum occupancy is reached. When maximum occupancy exists, management shall advise the remaining people in line that the club has reached its maximum number of occupants and that there will not be any further admittance.

(C) Management is responsible for maintaining an outdoor security presence when a crowd is waiting to gain access to the building. They shall have 1 dedicated security guard, in addition 1 checking IDs at the door, which will be responsible for providing an organized method of maintaining a line that will not block public sidewalks, driveways, or surrounding business doorways. Management shall have the designated outside line security maintain an orderly single file line. Stanchions, ending just prior to the neighboring business, will control the line. Once the line reaches maximum occupancy, the designated security shall advise all remaining patrons that the line is full. He or she must advise remaining patrons that they are to exit the area in an orderly fashion.

(D) Security guards shall wear uniforms and be readily identifiable as private security personnel.

(2) Secondary Entertainment Use

(A) The permittee shall provide a minimum of two persons to monitor occupancy and admittance and exterior, interior and parking areas associated with the use. An additional licensed security guard shall be required when occupancy exceeds 100.

(B) Security personnel shall be readily identifiable as either private security or management personnel.

(3) Arcades. The security standards described in subsections (1) and (2) shall not apply to amusement arcades. The security requirements for amusement arcades are established in Section 5.43.160.

(k) Private Booths. No entertainment shall be offered, permitted, or allowed to take place within a private booth, unless all of the following conditions are met;

(1) Visibility into the private booth is provided through the installation in the door to the booth of a window measuring 1 foot in width by 1.5 feet in height, at a point allowing a person standing outside the door to observe the activities of the person occupying the booth.

(2) The window required by subsection 5.43.150(k)(1) shall remain completely clear and unobstructed at all times.

(3) The dimensions of the window required by subsection 5.43.150(k)(1) is the minimum required, but may be larger.

(4) The private booth shall be lit to the point that allows a person on the outside of the booth to observe the activity of those in the booth at all times the booth is occupied.

(5) Doors providing access to private booths shall not be equipped with locks of any kind.

(6) No private booth shall be configured so that the installation of the windows required by subsection 5.43.150(k)(1) will not provide substantially complete visibility into the private booth to a person standing outside the booth.

(7) Those establishments offering entertainment in private booths as of the effective date of the ordinance originally adding this requirement shall be modified to comply with the terms of this subsection within 60 days of the effective date of that ordinance.

(l) Permit holders shall immediately notify the San Mateo Police Department whenever they become aware of facts indicating their entertainment business may become the site of any criminal activity.