The following types of entertainment and events are exempt from the permit required by this chapter. An exemption does not relieve any entertainment establishment from complying with all other applicable laws, including, but not limited to, Article II and the laws related to noise levels and nuisances, particularly those contained in Title 8.
A. Entertainment sponsored by any agency of the city of Sacramento, the county of Sacramento, the various boards of education, or by any other public agency of the state of California. The leasing or subleasing of the real property to an entertainment establishment does not constitute sponsorship of the entertainment by a public agency;
B. Entertainment sponsored by any nonprofit public benefit organization, such as Girl Scouts, Boy Scouts, Little League or Boys and Girls Club, whose primary objective is the sponsoring and control of youth activities and child welfare. If the event is a dance, the following requirements must be met:
1. No person eighteen (18) years of age or older may be admitted as a guest, unless such person is a bona fide student at, or member of, the sponsoring agency or organization,
2. No alcoholic beverages may be served, consumed or permitted on the premises,
3. Chaperones from the sponsoring agency are present on the premises at the rate of two adults, who are at least twenty-five (25) years of age, for every one hundred (100) guests, and
4. The event must finish by 12:00 a.m. and the premises and the adjoining parking lots must be promptly vacated by all the guests;
C. Entertainment lawfully conducted at any city park, building or recreational facility;
D. Entertainment sponsored by a city authorized business improvement district when:
1. The business improvement district is created pursuant to and is abiding by state law, and in compliance with agreements between the business improvement district and the city,
2. The event is for the purpose of improving the area encompassed by the business improvement district, and
3. The business improvement district is the responsible person for the event;
E. Entertainment limited to the use of a radio, music recording machine, juke box, television, video games, video programs, or recorded music by an establishment that does not permit dancing or karaoke;
F. 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, in which membership is by application and regular dues are charged, and the advantages of which club belong to members, and the operation of which is not primarily for monetary gain; G. Entertainment provided for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge;
H. Entertainment conducted in connection with a regularly established theme park;
I. Parades;
J. Street performers such as musicians, singers or mimes;
K. Entertainment conducted on a pedestrian mall under a permit issued pursuant to Chapter 12.44;
L. Entertainment conducted or sponsored by any religious organization, bona fide club, organization, society or association that is exempt from taxation pursuant to United States 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 religious organization, club, society or association. Written proof of the tax-exempt status shall be provided to the city manager at least seven days before the entertainment occurs;
M. Performances by the students at educational institutions as defined by the California Education Code where such performances are part of an educational or instructional curriculum or program;
N. Entertainment in theaters that does not include a disc jockey, karaoke, dancing by patrons, or a live musical presentation;
O. Dance lessons, theatrical and performing arts lessons and student recitals, provided that dances, theatrical presentations or other performances that occur before or after the lessons or recitals are not exempt from the permit requirement of Section 5.108.030;
P. Book readings, book signings, poetry recitations, and any other similar entertainment consisting of the spoken word, including plays;
Q. Fundraisers for a political cause;
R. Entertainment consisting of ambient or incidental music provided for guests or patrons by musicians such as a piano player, harpist, strolling violinist, mariachi band, guitarist or band, if a sound amplifier is not utilized during the musical presentation. If an admission charge is required to observe or attend, the entertainment, the music is not considered ambient or incidental;
S. Entertainment conducted in any establishment or venue with a maximum occupancy load of forty-nine (49) persons or fewer;
T. Entertainment conducted in any hotel or motel having in excess of one hundred (100) rentable rooms or suites;
U. Entertainment lawfully conducted at any of the following regulated businesses:
1. "Adult-related establishments," regulated under Chapter 5.04,
2. "Amusement arcades," regulated under Chapter 5.12. However, if entertainment, other than the operation of amusement machines, is conducted on the premises of any amusement arcade, such amusement arcade shall not, by virtue of this provision, be exempt from the permit requirement of this chapter,
3. "Bingo," regulated under Chapter 5.24,
4. "Cardrooms," regulated under Chapter 5.32. However, if entertainment, other than the playing of cards, is conducted on the premises of any cardroom, such cardroom shall not, by virtue of this provision, be exempt from the permit requirement of this chapter,
5. "Billiard and pool parlors," regulated under Chapter 5.20. However, if entertainment, other than the playing of billiards or pool, is conducted on the premises of any billiard or pool parlor, such billiard or pool parlor shall not, by virtue of this provision, be exempt from the permit requirement of this chapter,
6. "Miniature golf," regulated under Chapter 5.84. However, if entertainment, other than the playing of miniature golf, is conducted on the premises of any miniature golf establishment, such miniature golf establishment shall not, by virtue of this provision, be exempt from the permit requirement of this chapter;
V. The normal and customary fitness services provided by an athletic club or fitness center. (Ord. 2014-0026 § 2; Ord. 2003-056 § 1)