Sections:
Article I . General Provisions
5.108.010 Purpose and intent.
5.108.020 Definitions.
5.108.030 Entertainment permit required-Compliance with other laws.
5.108.040 Exemptions from the permit requirement.
Article II . Operation of Entertainment Establishments
5.108.050 Application of article.
5.108.060 Hours of operation-Responsible person.
5.108.070 Disturbing the peace-Disorderly conduct.
5.108.080 Intoxicated customers.
5.108.090 Reasonable passageway required.
5.108.100 Observation of noise abatement laws required.
5.108.110 Disorderly conduct within fifty (50) feet prohibited.
5.108.120 Orderly dispersal required.
5.108.130 Alcoholic beverage on premises.
5.108.140 Chief of police authority where there is immediate threat to public safety.
Article III . Issuance, Renewal, Suspension, Modification and Revocation of Permits
5.108.150 Application of article.
5.108.160 Application for permit-Posting premises.
5.108.170 Extended operating hours.
5.108.180 Fees.
5.108.190 Investigation of application and issuance of permit.
5.108.200 Display of permits.
5.108.210 Duration of permit.
5.108.220 Permits not transferable.
5.108.230 Effect of denial.
5.108.240 Suspension, modification or revocation of permit.
5.108.250 Renewal of permits.
5.108.255 Extension of permits.
5.108.260 Denial, suspension, modification, revocation and conditions-Appeals.
5.108.270 Permits issued prior to the effective date of this section.
Article IV . Penalties for Violation
5.108.280 Violation-Penalty.
5.108.290 Cumulative remedies, procedures and penalties.
The city council of the city of Sacramento encourages the development of arts and culture in Sacramento, and recognizes that many entertainment venues provide a means for such development. The council further recognizes that the variety of entertainment venues in the city provide a rich and diverse cultural experience for the residents of the city and visitors to the city. The council also recognizes that many non-alcoholic entertainment venues provide a safe place for families and young adults to gather.
The council hereby finds that the operation of entertainment establishments presents an environment with the demonstrated potential for excessive noise generation and disorderly conduct by patrons, particularly at closing times, with the attendant adverse health and safety impacts on the surrounding business and residential community.
Therefore, it is the purpose of this chapter to regulate the operation of entertainment establishments for the public health, safety and welfare. All permittees 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 from criminal activity and minimizing disturbances as a result of the operation of the entertainment.
It is also the intent of this chapter to provide options to the city manager in regulating the variety of businesses and events that provide entertainment. The council finds that the imposition of conditions tailored to the particular establishment will allow the business or event to flourish while meeting the city's public health and safety needs. This approach also would avoid placing unnecessary conditions on existing businesses or organizations with a history of compliance with the city laws and requirements. (Ord. 2003-056 § 1)
For purposes of this chapter:
"ABC license" means the license issued by the California Department of Alcoholic Beverage Control.
"Admission charge" means any charge for the right or privilege to enter any place of entertainment including a minimum service charge, an event charge, a cover charge, a charge for the use of seats and tables, or any other similar charge. It also includes the purchase or presentation of a ticket or token directly or indirectly required as a condition for entrance. It does not include tips, gratuities, voluntary donations, or suggested donations for employees or for any person providing entertainment.
"Chief of police" includes the chief of police of the city of Sacramento and his or her designee.
"City manager" includes the city manager of the city of Sacramento and his or her designee.
"Conditional use permit" means any conditional use permit issued by the city pursuant to the Planning and Development Code related to the operation of a public dance, entertainment establishment, or amusement premises.
"Dance and dancing" means movement of the human body, accompanied by music or rhythm.
"Disorderly conduct" means any of the following: consumption of alcoholic beverages on public property, public drunkenness, obstructing the free passage of pedestrians over public sidewalks, the obstruction of free passage of vehicles within the public right-of-way, littering, fighting, loud speaking or shouting in violation of Section 8.68.200(C), the operation of automobile audio systems in a manner that violates Section 8.68.200(M), conduct that violates any provision of chapters 9.04 and 9.08, and such other conduct that constitutes a public nuisance or a violation of law.
"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 that is conducted for the purposes of holding the attention of, gaining the attention of or diverting or amusing guests or patrons, including, but not limited to:
1. Presentations by single or multiple performers, such as hypnotists, mimes, comedians; musical song or dance acts, plays, concerts, any type of contest; sporting events, exhibitions, carnival, rodeo or circus acts, demonstrations of talent; shows, reviews and any other such activity which may be attended by members of the public;
2. Dancing to live or recorded music;
3. The presentation of recorded music played on equipment which is operated by an agent or contractor of the establishment, commonly known as a "DJ" or "disc jockey." Entertainment does not include ambient music provided through the use of a radio, stereo, juke box, music recording machine or other similar device.
"Permittee" means a person, persons, or business entity that has been issued a permit as provided in this chapter.
"Public agency" includes the state government; any city, city and county, or county government; and any department, district, division, commission, board, or other agency, which is authorized by law.
"Reasonable efforts" means the provision of an adequate number of licensed security personnel, the adoption and posting of operating policies that are consistent with the requirements of this code and the permit and the adherence to those policies, the documented training of employees in the carrying out of the establishment operating policies, notifying the police of apparent criminal activity, and the taking of all additional measures, consistent with sound business judgment, necessary to accomplish the required result.
"Responsible person" means the permittee, owner, proprietor, promoter, manager, assistant manager or other person exercising control over the operation of an entertainment establishment, whether or not that person is a named permittee.
"Special event" means entertainment conducted on private property where all of the following circumstances exist:
1. The premises or location where the entertainment is to be conducted is not the subject of an existing entertainment permit issued pursuant to this chapter;
2. The person sponsoring or offering the entertainment is not in the business of regularly offering entertainment to the public;
3. Entertainment will only be offered for a limited period of time, not to exceed five days;
4. The entertainment is not a recurring or regularly scheduled event or celebration.
"Theater" means any commercial establishment where regular sporting events, concerts, motion picture screenings or theatrical performances are given, usually on a stage, and usually with ascending row seating or some arrangement of permanent seating. (Ord. 2014-0026 § 1; Ord. 2013-0021 § 12; Ord. 2003-056 § 1)
Loading...