Item 11 2025-00730 [Pass for Publication] Ordinance Amending Sacramento City Code 5.108 Related to Entertainment Establishments and the Creation of a Limited Entertainment Permit

City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-00730 3/25/2025 Consent Item 11.
[Pass for Publication] Ordinance Amending Sacramento City Code 5.108 Related to Entertainment Establishments and the Creation of a Limited Entertainment Permit File ID: 2025-00730
Location: Citywide
Recommendation: 1) Review an ordinance amending Sacramento City Code 5.108 related to Entertainment Establishments and the creation of a Limited Entertainment Permit and 2) Pass for publication the ordinance title as required by Sacramento Charter section 32(c) for council consideration on April 1, 2025.

Contact: Tina Lee-Vogt, Nighttime Economy Manager, (916) 808-2679 [email protected], City Manager’s Office of Innovation and Economic Development; Dustin Hollingsworth, Assistant Director (916) 808-5538, [email protected], Convention & Cultural Services
Presenter: None
Attachments:
1-Description/Analysis
2-Attachment A - Ordinance (Clean)
3-Attachment B - Ordinance (Redline)
Description/Analysis
Issue Detail: Sacramento has rich and vibrant nighttime, social and creative economies, offering world-class amenities for visitors and residents. The city’s social venues provide diverse entertainment experiences and unique programming both day and night that appeal to all ages, backgrounds, and interests. Although most of the city’s social venues are in downtown and midtown, there are opportunities throughout Sacramento where people can go to play and socialize. Nightlife is a vital part of the city's economy, culture, and identity, supporting jobs and generating revenue. It is an important incubator of cultural movements and provides spaces for connection, creativity, and personal expression.

In 2003, the Sacramento City Council adopted an ordinance to regulate the operation of

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File ID: 2025-00730 3/25/2025 Consent Item 11.
entertainment establishments for public health, safety, and welfare. There were issues with promoters who failed to properly manage patrons, resulting in excessive noise and violence. There were also problems with large and unruly crowds at events in warehouses. The ordinance was adopted to establish regulations to protect the public health and safety for the surrounding business and residential community. The entertainment permit program successfully addressed many of the problems, however, recent studies indicate that reevaluation to support the city’s current nighttime, social and creative economy objectives is needed. One of the shortfalls of the code is that it does not differentiate between different types and sizes of businesses, activities, and events. Business owners, creatives, and others have expressed concerns that this places an undue burden on organizers and operators who want to provide entertainment that would have minimal public impact.

The Office of Nighttime Economy (ONE) contracted with the Responsible Hospitality Institute (RHI) and completed a Sociable City Assessment, an in-depth analysis of our social economy that identified our strengths, challenges, and opportunities. This assessment also provided recommendations for the next steps. Additionally, the Department of Convention and Cultural Services (CCS) Office of Arts & Culture (OAC) commissioned Sound Music Cities to conduct the Sacramento Music Census and Regulatory Review, an in-depth analysis of the local music industry and assessment of how its regulatory environment impacts our live music scene. Although these studies had different intentions, both identified similar recommendations to improve nightlife and social activities. One of those key recommendations was the creation of multiple levels of entertainment permits.

Based on the assessment and review findings, ONE partnered with the CCS and presented a report to the City Council proposing an amendment to the City Code to create a new Limited Entertainment Permit (LEP). This new permit type allows smaller businesses to provide entertainment without the same impact of costs, application process, and requirements that nightclubs and larger establishments face. Currently, most entertainment permit venues are in the central City. LEP reduces barriers for venues along our commercial corridors to increase vibrancy citywide. This will also create more opportunities for local musicians and other entertainers to perform by increasing the number of local venues, a key need identified in the Sacramento Music Census.

On March 26, 2024, the City Council directed staff to amend the Sacramento City Code chapter

5.108 related to Entertainment Establishments to create a new entertainment permit type. Staff from ONE and CCS Entertainment Services Division (ESD) collaborated with stakeholders to develop an amendment to the city code that would create a new LEP and update other code sections. Staff utilized the San Francisco Limited Live Performance (LLP) permit as a model to develop the new entertainment permit type. Although the proposed ordinance was based on the San Francisco model, it addresses the needs and qualities of Sacramento’s nighttime, social and creative economies. In addition to creating a new permit type, the proposed amendments redefine other entertainment permit types, modify entertainment permit exemptions, and updates entertainment related fees. The following are the key proposed revisions by section:

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File ID: 2025-00730 3/25/2025 Consent Item 11.

Entertainment Permit Required: 5.108.030
· Adds definition of different entertainment permit types · Changes Entertainment Permit to General Entertainment Permit · Creates Limited Entertainment Permit as a new permit type · Establishes Limited Entertainment Permit requirements including:
o Occupancy of 299 or less.
o Entertainment acts as a secondary operation (e.g., restaurant featuring live music). o Entertainment ends at 10 p.m. on weeknights and 11 p.m. on weekends. o Extended entertainment hours allowed for New Year’s Eve · Changes Special Entertainment Permit to Temporary Entertainment Permit to eliminate confusion with Special Event Permit
Exemptions: 5.108.040
· Adds trivia as an exemption from requiring an entertainment permit Fees: 5.108.180
· Clarifies fees for new General, Limited, and Temporary Entertainment Permits · Clarifies fees for renewed General and Limited Entertainment Permits · Allows one modification request submitted to the city manager to amend permit conditions per two-year permit term at no cost. Requires fees for subsequent modification requests.

Policy Considerations: Amending the city code related to entertainment establishments to support the City’s commitment to the nighttime and creative economies and establishing a new permit type is consistent with the findings and recommendations included in the Sacramento Sociable City Assessment to identify priorities to develop and implement a strategic plan for a safe, vibrant, and well managed social economy. Additionally, it aligns with RHI and Sound Music Cities recommendations to create new categories for entertainment licenses as well as Goal 3 of the Creative Edge Cultural Plan, which identifies regulatory relief as a key strategy for creative economic growth and development.

Economic Impacts: Nightlife is a vital part of our economy, culture, and identity. Nightlife supports jobs and generates revenue. Cities that thrive have a vibrant nighttime economy. Studies have shown that live music at bars and restaurants provides significant benefits to businesses, including increasing the length of stay per guest and dollars spent per guest.

Environmental Considerations: This action is not a project that is subject to CEQA because it does not have the potential for causing a significant effect on the environment. (CEQA Guidelines §15061 (b)(3)).

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File ID: 2025-00730 3/25/2025 Consent Item 11.

Sustainability: Not applicable.

Commission/Committee Action: On March 26, 2024, the city council directed staff to report back to city council, bypassing the Law and Legislation Committee, with an amendment to the Sacramento City Code chapter 5.108 related to Entertainment Establishments to create a new entertainment permit type. Additionally, the Sacramento Arts, Culture & Creative Economy Commission reviewed the findings of the Sound Music Cities Regulatory Review and passed a motion urging the Council to act on the recommendations - one of which was a tiered permitting system.

Rationale for Recommendation: Amending the city code related to entertainment establishments supports the City’s commitment to the nighttime and creative economies.This new permit type reduces barriers for venues along our commercial corridors to increase vibrancy citywide. It also increases opportunities for musicians and other entertainers to perform.

Financial Considerations: In the FY 2024/2025 budget, council approved creating the Entertainment Services Division which has staffing to process applications and manage new permits.

Local Business Enterprise (LBE): Not applicable.

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1 1391885
ORDINANCE NO.

Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING CHAPTER 5.108 OF THE

SACRAMENTO CITY CODE , RELATING TO ENTERTAINMENT

ESTABLISHMENTS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:

SECTION 1.

Chapter 5.108 is hereby amended to read as follows:

Chapter 5.108 ENTERTAINMENT ESTABLISHMENTS
Article I. General Provisions

5.108.010 Purpose and intent.

The city council 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 variety of entertainment venues also increases opportunities for live musicians and other types of performers. 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. 2 1391885
This approach also would avoid placing unnecessary conditions on existing businesses or organizations with a history of compliance with city laws and requirements.

5.108.020 Definitions.

The following definitions apply in 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 entertainment establishment, 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” means the chief of police or designee. “City manager” means the city manager or designee.
“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” means any single event, series of events, or ongoing activity 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 acts, dance acts, plays, concerts, contests, sporting events, exhibitions, carnivals, rodeos, circus acts, demonstrations of talent, shows, reviews, and any other similar activity that may be attended by members of the public;

2. Dancing to live or recorded music;

3. The presentation of recorded music played on equipment that is operated by an agent or contractor of the establishment, commonly known as a “DJ” or 3 1391885
“disc jockey.” Entertainment does not include ambient music played through a radio, stereo, juke box, music recording machine, or other similar device. “Entertainment establishment” means a location or business, occurring alone or as part of another business, at which entertainment is offered, allowed, or hosted. “Permittee” means a person, persons, or business entity that has been issued an entertainment permit issued pursuant to 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. “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.

5.108.030 Entertainment permit required—Compliance with other laws.

A. Unless exempt pursuant to section 5.108.040, no person shall provide or allow any entertainment without an entertainment permit issued pursuant to this chapter.

B. Types of entertainment permits.

1. General entertainment permit. A general entertainment permit may authorize any type of entertainment. A general entertainment permit is required unless the conditions are satisfied for a limited entertainment permit or a temporary entertainment permit pursuant to subsections B.1 and B.2, respectively.

2. Limited entertainment permit. A limited entertainment permit may authorize entertainment only if the following conditions are satisfied:
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a. The entertainment establishment has a maximum
occupancy of 299 persons or fewer;
b. The entertainment is incidental to the primary use of the property;
c. Except as specified in subsection B.2.e, the entertainment only occurs during the following hours:
i. On weekdays, between 8:00 a.m. and 10:00 p.m.;
and
ii. On weekends, between 8:00 a.m. and 11:00 p.m.;
and
d. On December 31st (New Years Eve), the entertainment may occur from 8:00 a.m. until 1:00 a.m. on the following January 1st.

3. Temporary entertainment permit. A temporary entertainment permit may authorize entertainment only if the entertainment will be offered on certain days, not to exceed five days within a twelve-month period.

C. Neither the obtaining of an entertainment permit nor compliance with the operating standards provided in this chapter is an excuse for any noncompliance with any other law or regulation, including the Planning and Development Code, building code, fire code, or permit condition.

5.108.040 Exemptions from the permit requirement.

The following types of entertainment and events are exempt from the permit requirement in section 5.108.030. An exemption does not relieve any person from complying with any other law or regulation, including 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 real property owned or controlled by any of the forgoing public agencies does not constitute sponsorship of entertainment by that public agency;
B. Entertainment sponsored by any nonprofit public benefit organization, such as Girl Scouts of the USA, Boy Scouts of America, Little League, or Boys and Girls Clubs of America, 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:
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1. No person 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 25 years of age, for every 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 in accordance with chapter 12.48 (special events);
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;
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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 upon reasonable request; 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, plays, trivia contests, and any other similar entertainment consisting of the spoken word; Q. Fund-raisers 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 49 persons or fewer;
T. Entertainment conducted in any hotel or motel having in excess of 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 7 1391885
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.

Article II. Operation of Entertainment Establishments

5.108.050 Application of article.

This article is intended to implement minimum standards applicable to the operation of all entertainment establishments whether or not such establishments are subject to the permit requirement of article I. Nothing in this article limits the city’s authority to impose and enforce permit conditions under section 5.108.190 requiring entertainment establishments to comply with operating standards that are more strict, comprehensive or onerous than the minimum standards imposed by this article.

5.108.060 Hours of operation—Responsible person.

A. Except as otherwise provided herein, all entertainment establishments shall be closed and all patrons shall vacate the premises between 2:00 a.m. and 6:00 a.m., except that as part of a New Year celebration, entertainment establishments may remain open until 3:00 a.m. on January 1st. It is unlawful for any responsible person to fail to abide by the hours of closure.

B. A responsible person must be present in the entertainment establishment during all hours that the entertainment establishment is open and offering entertainment.
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5.108.070 Disturbing the peace—Disorderly conduct.

Each responsible person shall make reasonable efforts to prevent the admittance of any person whose conduct is described in California Penal Code sections 415 (fighting, loud noise, offensive words in public places) or 647 (disorderly conduct) at the premises or on any parking lot or similar facility used by the establishment. Each responsible person shall make reasonable efforts to remove any persons exhibiting such conduct from the establishment.

5.108.080 Intoxicated customers.

Each responsible person shall make reasonable efforts to prevent the admittance of any obviously intoxicated person. For purposes of this section, a person is “obviously intoxicated” when he or she exhibits readily apparent outward manifestations of drug or alcohol intoxication, including but not limited to, inability to walk or stand in a normal manner, bloodshot or glassy eyes, flushed face, incoherent or slurred speech, alcoholic breath, belligerence or other loud or boisterous conduct, extreme agitation, or nervousness or mental confusion.

5.108.090 Reasonable passageway required.

It is unlawful for any responsible person to fail to provide a reasonable passageway of at least 48 inches in width through any part of a room used by patrons and entertainers for their ingress and egress.

5.108.100 Observation of noise abatement laws required.

Each responsible person shall obey all laws applicable to noise abatement, including those contained in title 8.

5.108.110 Disorderly conduct within 50 feet prohibited.

Each responsible person shall make reasonable efforts to control the conduct of patrons to prevent or minimize disorderly or unlawful conduct within the entertainment establishment and within 50 feet of the establishment. The distance shall be measured in a straight line from the property line of the entertainment establishment.

5.108.120 Orderly dispersal required.
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Each responsible person shall use reasonable efforts to cause the orderly dispersal of individuals from the vicinity of the entertainment establishment at closing time and shall not allow them to congregate within 50 feet of the establishment in a disorderly fashion. The distance shall be measured in a straight line from the property line of the entertainment establishment.

5.108.130 Alcoholic beverage on premises.

A. It is unlawful for any person to bring an alcoholic beverage onto the premises unless such action is allowed by the entertainment establishment’s ABC license.

B. It is unlawful for any responsible person to allow any person to bring an alcoholic beverage onto the premises unless such action is allowed by the entertainment establishment’s ABC license.

5.108.140 Chief of police authority where there is immediate threat to public safety.

A. The chief of police may require a permittee or responsible person to close down operations and disperse all patrons for the remainder of its daily operation whenever conduct by disorderly 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 chief of police under authority of section 5.108.140.A.

Article III. Issuance, Renewal, Suspension, Modification, and Revocation of Permits

5.108.150 Application of article.

This article applies to the issuance, renewal, suspension, modification or revocation of any permit required by section 5.108.030.

5.108.160 Application for permit—Posting premises.

A. Applications for permits shall be filed with the city manager on forms prescribed by the city manager, and must contain the following:

1. The name and permanent address of the applicant and all other persons having a financial interest in the operation of the entertainment, business, or premises where the entertainment is to be located;
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2. A description of the proposed entertainment, including the maximum number of persons who are expected to be present within the entertainment establishment at any one time;

3. The proposed opening date and hours of operation of the entertainment establishment;

4. For a temporary entertainment permit, the dates, hours, and locations of the proposed entertainment;

5. The proposed security arrangements for the safety and control of patrons;

6. The name or names of the person or persons managing or supervising the proposed entertainment, or any business or premises wherein the entertainment is proposed to be located;

7. Written consent for the proposed entertainment on the premises from the owner of the property on which the entertainment is to be conducted; and

8. Such other information as the city manager deems necessary for the proper processing and review of the application.

B. The applicant and all responsible persons shall submit to fingerprinting by the chief of police.

D. The city manager shall either approve or deny an application for a limited or general entertainment permit within 60 calendar days of receipt of the complete application. The city manager may extend the time for consideration of the application for up to an additional 21 calendar days with the written consent of the applicant. The failure of the city manager to timely act shall constitute approval of the permit.

E. The city manager shall either approve or deny an application for a temporary entertainment permit within 14 calendar days of receipt of the complete application. The city manager may extend the time for consideration of the application 11 1391885
for up to an additional three working days with the written consent of the applicant. The failure of the city manager to timely act shall constitute approval of the permit.

5.108.170 Extended operating hours.

A. An applicant for a permit may request, and the city manager may approve, extended operating hours that will be applicable to the permitted entertainment establishment. The extended operating hours approved by the city manager, and any conditions relating thereto, must be specifically stated in the permit.

B. Any entertainment establishment exempt from the permit requirement pursuant to section 5.108.040 may apply for a permit under the procedures provided in this chapter, for the sole purpose of obtaining extended operating hours. The extended operating hours approved by the city manager, and any conditions relating thereto, must be specifically stated in the permit.

5.108.180 Fees.

A. The following entertainment permit program fees shall be imposed in amounts established by resolution of the city council:

1. New permit fees.
a.

New limited entertainment permit fee. Every application for a new limited entertainment permit must be accompanied by a nonrefundable permit fee.
b. New temporary entertainment permit fee. Every
application for a new temporary entertainment permit must be accompanied by a nonrefundable permit fee.
c. New general entertainment permit fee. Every application for a new general entertainment permit must be accompanied by a nonrefundable permit fee.

2. Permit renewal fees.
a. Limited entertainment permit renewal fee. Every
application to renew a limited entertainment permit must be accompanied by a nonrefundable permit renewal fee.
b. General entertainment permit renewal fee. Every
application to renew a general entertainment permit must be accompanied by a nonrefundable permit renewal fee.

3. Inspection fees.
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a. No fee for initial inspection. There is no fee for the initial inspection of the entertainment establishment.
b. Re-inspection fee. There is a nonrefundable fee for every inspection after the initial inspection.
c. If an applicant or permittee agrees with the city manager upon a day and time for an inspection and the applicant or permittee fails by act or omission to provide access onto the premises, the failure to provide access to the premises constitutes an inspection for the sole purpose of calculating inspection fees pursuant to this section.

4. Modification fee.
a. One request to the city manager to modify a limited or general entertainment permit may be submitted at no charge. Every additional request within the two-year permit term must be accompanied by a nonrefundable modification fee.
b. Every request to the city manager to modify a temporary entertainment permit must be accompanied by a nonrefundable modification fee. c. For the purposes of this subsection A.4 only, a request by a permittee to update the responsible persons listed on the permit does not constitute a request to modify the permit.

B. The fees established in this section are in addition to the city’s business operation tax and any other license or permit fee imposed by this code upon the applicant or permittee.

5.108.190 Investigation of application and issuance of permit.

A. The city manager shall conduct a thorough investigation of the application. The city manager shall obtain recommendations and reports from the chief of police, and such other city departments as he or she deems necessary, concerning the application.

B. The city manager shall approve the issuance of the entertainment permit if he or she finds:

1. That issuance of the permit and conduct of the entertainment at the proposed location, as conditioned, is consistent with federal, state, and local laws; rules, regulations, and any existing special permit; and

2. That issuance of the permit at the proposed location, as conditioned, will not constitute an undue burden on the neighborhood because of its proximity to residences, inadequate parking or other neighborhood circumstances and 13 1391885
will not interfere with the reasonable use and enjoyment of the neighborhood by its residents; and

3. Neither the applicant or any responsible person or principal of the applicant has, within the past five 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 of premises upon which the entertainment activities are conducted; and

4. Neither the applicant or any responsible person or principal of the applicant has a history of committing, permitting, or failing to prevent significant violations of the city code, or any license or permit, in connection with an entertainment establishment for which he or she was a responsible person; and

5. It does not appear, based upon the information before the city manager, that the applicant has provided false or misleading material information in the application; and

6. That the application is complete; and

7. The applicant does not owe the city of Sacramento a fee authorized by section 5.108.180 or an administrative penalty for violation of a provision of this chapter or a condition of an entertainment permit issued pursuant to this chapter.

C. If the city manager denies a permit, the city manager shall inform the applicant of the reasons for the denial in writing.

D. In issuing the permit, the city manager may impose conditions relating to the operation of the entertainment establishment.

1. Conditions may relate to:
a. The days, hours, and location of operation;
b. Restrictions designed to prevent minors from obtaining alcohol, such as separate entrances, exits, and restroom facilities on the premises; c. The number and age of persons allowed on premises;
d. Whether licensed security guards are required, and if so, how many;
e. Specific measures the permittee must undertake to
control the conduct of patrons so as to prevent or minimize disorderly conduct within the establishment;
f. Specific measures the permittee must undertake to
remove trash attributable to the establishment or its patrons in and around the establishment, the surrounding neighborhood and the public right-of-way; 14 1391885
g. Specific measures the permittee must undertake to
prevent the entertainment and its patrons from disturbing the peace and quiet of the surrounding neighborhood;
h. Specific measures the permittee must undertake to
prevent its patrons from engaging in disorderly conduct in the surrounding neighborhood;
i. Whether the chief of police must receive advance notice of the date of a particular event if that event is not held as part of the regularly scheduled events of the business; or
j. Other matters related to public health, safety, and
welfare.

2. Conditions shall be based on specific and articulable facts reasonably related to ensuring the public health, safety, and welfare, including, but not limited to, the protection of minors from alcohol and other criminal activity, the conservation of limited city public safety resources and the prevention of public nuisance activity that detracts from the peace and quiet of residential neighborhoods.

3. Conditions shall be listed on, or attached to, the permit.

4. The city manager shall give the permittee an opportunity to review any proposed conditions and the city manager will consider the input of the permittee prior to imposing those conditions.

5. Conditions may not be imposed that conflict with any local, state, or federal law, or that conflict with the permittee’s ABC license. Nothing in this subsection is intended to prevent the city manager from imposing any condition related to the age of patrons inside an ABC establishment if the ABC license does not address that issue. The intent of this subsection is to allow the sale and service of food to minors in a bona fide public eating place (ABC license types 41, 47, and various club-licensed premises) with reasonable conditions placed on the permit to prevent curfew violations and protect the minors from alcohol and other criminal activity.

6. If the applicant has been issued a special permit prior to the effective date of the ordinance codified in this chapter, conditions placed upon that special permit shall be conditions of the entertainment permit issued under authority of this chapter. However, nothing in this subsection shall be construed to limit the authority of the city manager to place additional conditions upon the permit that are not in conflict with the existing special permit conditions or to require compliance with the existing special permit conditions prior to issuance of the entertainment permit.

7. The city manager may require the applicant to demonstrate compliance with applicable existing special permits prior to issuance of the permit or may issue the permit conditioned upon the applicant obtaining any other additional necessary special permit or other city, county, or state approval. 15 1391885

8. No condition may be imposed pursuant to this chapter that suppresses or regulates expression in any manner contrary to law.

9. Imposition of any condition is appealable through the procedures set forth in section 5.108.260.

5.108.200 Display of permits.

The permit issued pursuant to this chapter must at all times be displayed in a conspicuous place in the entertainment establishment for which it was issued and shall be immediately produced upon the request of any police or code enforcement officer.

5.108.210 Duration of permit.

A. Except as provided in section 5.108.255, a limited or general entertainment permit issued pursuant to this chapter is valid for two years from the date it was issued, subject to any conditions or restrictions existing at the time it was issued.

B. A temporary entertainment permit issued pursuant to this chapter is valid for the term stated in the permit, but in no event for a period greater than one year from the date it was issued.

5.108.220 Permits not transferable.

Permits issued pursuant to this chapter are not transferable to another person or location.

5.108.230 Effect of denial.

If an application for a permit is denied by the city manager for failure to satisfy the eligibility requirement stated in section 5.108.190.B.2, no application for a permit to conduct any entertainment activity at the same location shall be considered by the city manager for a period of one year from the date of denial. In addition, if the denial is for failure to satisfy an eligibility requirement stated in section 5.108.190.B.4 or B.5, the city manager shall not consider any application from the same applicant for a period of one year.

5.108.240 Suspension, modification, or revocation of permit. 16 1391885
A. After notice and an opportunity for a hearing to the permittee as provided in this section, the city manager may suspend, modify, or revoke any permit issued pursuant to the provisions of this chapter for any of the following reasons:

1. The entertainment has been conducted in a manner contrary to the findings for the issuance of a permit set forth in section 5.108.190.B;

2. The permittee has failed to comply with one or more conditions of the permit;

3. The entertainment has created sound levels that violate the city code;

4. The permittee or their employees, agents, or representatives have violated or are violating federal, state or local laws, rules, or regulations in connection with the entertainment;

5. The entertainment has been conducted in an illegal or disorderly manner or has been conducted in such a manner as to constitute an unreasonable burden on the reasonable use and enjoyment of neighboring properties;

6. The applicant has knowingly made a false statement of material fact or has knowingly omitted a material fact in the application;

7. The entertainment has created or is creating a nuisance;

8. The permittee or any other responsible person has violated any provision of this chapter; or

9. The modification has been requested by the permittee and the city manager finds the modification is consistent with the provisions of this code and will not constitute a nuisance or an unreasonable burden upon city resources or the surrounding neighborhood.

B. In the event the city manager proposes to suspend, modify, or revoke a permit, written notice of the proposed suspension, modification, or revocation shall be personally delivered or sent by certified mail to the permittee at least 14 calendar days prior to the date of the proposed suspension, modification, or revocation. The notice shall contain:

1. A brief statement on the specific grounds for such suspension, modification, or revocation;

2. A statement that the permittee may appeal the proposed suspension, modification, or revocation by submitting an appeal, in writing to the city manager, within 10 calendar days of the date of service of the notice; 17 1391885

3. A statement that the failure to appeal the notice of suspension, modification, or revocation will constitute a waiver of all right to an appeal hearing, and the suspension, modification, or revocation will be final.

C. The appeal hearing shall be conducted by the city manager. The permittee may have the assistance of counsel and shall have the right to present evidence.

1. Failure to properly file a written appeal of the notice of suspension, modification, or revocation within 10 calendar days of the date of service of the notice will constitute a waiver of all right to an appeal hearing, and the suspension, modification, or revocation will be final. Failure to properly and timely appeal the notice of suspension, modification, or revocation shall also constitute a failure to exhaust administrative remedies and a bar to any judicial action pertaining to the city manager’s decision.

2. If the permittee or counsel for the permittee files a proper appeal and then fails to appear at the hearing, the appeal is abandoned, and the decision of the city manager is final and may not be further appealed. Failure to appear at the hearing constitutes a waiver of all right to an appeal hearing and shall also constitute a failure to exhaust administrative remedies and a bar to any judicial action pertaining to the city manager’s decision.

D. Written notice of the decision of the city manager shall be given to the permittee within 10 working days following the hearing by personal delivery thereof or deposit of such notice in the U.S. mail, postage prepaid.

E. Except as provided in subsections B and C, the decision of the city manager is subject to appeal to the city council as provided in section 5.108.260.

5.108.250 Renewal of permits.

A. Limited entertainment permittees and general entertainment permittees may apply for permit renewal by submitting to the city manager before the expiration of a permit, a renewal application and a non-refundable permit renewal fee. A permit application submitted after expiration of the applicant’s most recent permit shall be considered an application for a new permit.

B. If a timely and complete application for renewal is filed, the permit’s expiration shall be stayed until a decision on the renewal application is issued.

C. The city manager shall either approve or deny the renewal of a permit within 60 calendar days of receipt of the complete application. The city manager may extend the time for consideration of the application for up to an additional 21 calendar days with the written consent of the applicant. The failure of the city manager to timely act constitutes approval of the renewal of the permit.
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D. The city manager shall approve the renewal of a permit if he or she finds that no circumstances existed during the term of the permit, existed at the time of submission of an application for renewal, or existed at any time during the review of the application for renewal that is inconsistent with any finding required for approval of a new permit for the applicant or location as specified in section 5.108.190 or would justify the suspension, modification or revocation of the permit as specified in section

5.108.240. Notwithstanding the above, the city manager may add, delete, or modify the permit conditions as a condition of permit renewal, using the criteria set forth in section

5.108.190.D.

5.108.255 Extension of permits.

A limited entertainment permit and general entertainment permit renewed pursuant to section 5.108.250 may be extended two additional years, if both of the following conditions exist:

A. No permittee, responsible person, or principal of the applicant has committed, allowed, or failed to prevent violations of the city code, license condition, or permit condition, at an entertainment establishment during the preceding two years; and
B. No administrative penalty of Level C or above was imposed by the city, pursuant to section 1.28.010, for violation of building or fire codes at the entertainment establishment during the preceding two years.

5.108.260 Denial, suspension, modification, revocation, and conditions—Appeals.

A. Appeal to hearing examiner.

1. Except as provided in section 5.108.240, any applicant or permittee aggrieved by the decision of the city manager, in denying, suspending, modifying, or revoking a permit or imposing conditions on the permit, may appeal the decision to a hearing examiner by submitting a written appeal to the city manager within 10 calendar days from the date of service of the notice of denial, suspension, modification, or revocation. The written appeal shall contain:
a. A brief statement in ordinary and concise language of the specific action protested, together with any material facts claimed to support the contentions of the appellant;
b. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;
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c. The signatures of all parties named as appellants and their official mailing addresses; and
d. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

2. The appeal hearing shall be conducted by a hearing examiner appointed pursuant to section 8.04.070.

3. Upon receipt of any appeal filed pursuant to this section, the city manager shall transmit the appeal to the secretary of the hearing examiner who shall calendar it for hearing as follows:
a. If the appeal is received by the city manager not later than 15 days prior to the next regular appeal hearing, it shall be calendared for hearing at said meeting.
b. If the appeal is received by the city manager on a date fewer than 15 days prior to the next appeal hearing, it shall be calendared for the next subsequent appeal hearing.

4. Written notice of the time and place of the hearing shall be given at least 10 calendar days prior to the date of the hearing to each appellant by the secretary of the hearing examiner either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

5. Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and order, or any portion thereof.

6. Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.

7. The hearing examiner shall have the authority to issue subpoenas compelling witnesses to appear and provide testimony or subpoena duces tecum compelling witnesses to produce documents. The hearing examiner shall issue a subpoena only upon a showing of reasonable necessity by the requesting party. Failure of either party to comply with any subpoena may be considered by the hearing examiner in making a decision regarding the imposition of administrative penalties.

8. In the case of a suspension, modification, or revocation, the permittee may continue to conduct entertainment during the pendency of any appeal.

B. Hearings—Generally.

1. At the time set for hearing, the hearing examiner shall proceed to hear the testimony of the city manager, the appellant, and other competent persons, 20 1391885
including members of the public, respecting those matters or issues specifically listed by the appellant in the notice of appeal.

2. The proceedings at the hearing shall be electronically recorded.

Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party’s own expense.

3. The hearing examiner may, upon request of the appellant or upon request of the city manager, grant continuances from time to time for good cause shown, or upon their own motion.

4. In any proceedings under this chapter, the hearing examiner has the power to administer oaths and affirmations and to certify official acts.

C. Conduct of hearing.

1. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. California Government Code section 11513, subdivisions (a), (b) and (c) apply to hearings under this chapter.

2. Oral evidence shall be taken only upon oath or affirmation.

3. Irrelevant and unduly repetitious evidence shall be excluded.

4. Each party shall have these rights, among others:
a. To call and examine witnesses on any matter relevant to the issues of the hearing;
b. To introduce documentary and physical evidence;
c. To cross-examine opposing witnesses on any matter
relevant to the issues of the hearing;
d. To impeach any witness regardless of which party first called the witness to testify;
e. To rebut the evidence presented against the party; and f. To represent themselves or to be represented by anyone of their choice who is lawfully permitted to do so.

5. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city or any of its departments.

D. Form and contents of decision—Finality of decision.

1. If it is shown, by a preponderance of the evidence, that one or more bases exist to deny, suspend, modify, or revoke the permit, the hearing examiner 21 1391885
shall affirm the city manager’s decision to deny, suspend, modify, or revoke the permit.

The decision of the hearing examiner shall be in writing and shall contain findings of fact and a determination of the issues presented.

2. The decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code of Civil Procedure section 1094.6. Copies of the decision shall be delivered to the parties personally or sent by certified mail to the address shown on the appeal. The decision shall be final when signed by the hearing examiner and served as provided in this section.

5.108.270 Permits issued prior to the effective date of this section.

B. All entertainment permits for special events that were issued on or before the effective date of the ordinance that codified this section are deemed to be temporary entertainment permits subject to the provision of this chapter.

Article IV. Penalties for Violation

5.108.280 Violation—Penalty.

A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.

B. Violations of this chapter are hereby declared to be a public nuisance.

C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.

D. Any person violating any provision of this chapter, other than sections

5.108.070, 5.108.080, 5.108.110 and 5.108.120, is guilty of a misdemeanor.

E. Notwithstanding subsection A, above, any person violating sections

5.108.070, 5.108.080, 5.108.110, or 5.108.120 is not subject to criminal sanctions.

5.108.290 Cumulative remedies, procedures, and penalties. 22 1391885
A ll remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.

SECTION 2.

The adoption of this ordinance is not intended to and does not affect any administrative, civil, criminal, or other actions or proceedings brought or to be brought to implement or enforce any provisions of the Sacramento City Code, as they existed prior to the effective date of this ordinance, including but not limited to any actions or proceedings to enforce any provision of chapter 5.108 of the Sacramento City Code, as they existed prior to the effective date of this ordinance. The provisions of the Sacramento City Code as they exist prior to the effective date of this ordinance shall continue to be operative and effective with regard to any such actions or proceedings.

1 1391885
ORDINANCE NO.

Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING CHAPTER 5.108 OF THE

SACRAMENTO CITY CODE , RELATING TO ENTERTAINMENT

ESTABLISHMENTS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:

SECTION 1.

Chapter 5.108 is hereby amended to read as follows:

Chapter 5.108 ENTERTAINMENT ESTABLISHMENTS
Article I. General Provisions

5.108.010 Purpose and intent.

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 variety of entertainment venues also increases opportunities for live musicians and other types of performers. The council also recognizes that many non-alcoholic entertainment venues provide a safe place for families and young adults to gather.

I t 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. 2 1391885
This approach also would avoid placing unnecessary conditions on existing businesses or organizations with a history of compliance with the city laws and requirements.

5.108.020 Definitions.

For purposes of this chapterThe following definitions apply in 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 establishment, 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 means the chief of police of the city of Sacramento and his or her designee.
“City manager” includes means the city manager of the city of Sacramento and his or her or 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 Ssection

8.68.200(.C), the operation of automobile audio systems in a manner that violates Ssection 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. P resentations by single or multiple performers, such as hypnotists, mimes, comedians; musical song acts, or dance acts, plays, concerts, any 3 1391885
type of contests;, sporting events, exhibitions, carnivals, rodeos, or circus acts, demonstrations of talent;, shows, reviews, and any other such similar activity which that 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 that 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 played through the use of a radio, stereo, juke box, music recording machine, or other similar device.
“ Entertainment establishment” means a location or business, occurring alone or as part of another business, at which entertainment is offered, allowed, or hosted. “Permittee” means a person, persons, or business entity that has been issued an entertainment permit as provided in issued pursuant to 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. “ Sp ecial 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.
4 1391885
“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.

5.108.030 Entertainment permit required—Compliance with other laws.

A. Unless exempt pursuant to Ssection 5.108.040, it is unlawful for any no person to shall provide or permit allow any entertainment that is open to the public without an entertainment permit issued pursuant to this chapter.

B. T ypes of entertainment permits.

2. Limited entertainment permit. A limited entertainment permit may authorize entertainment only if the following conditions are satisfied:
a. The entertainment establishment has a maximum
occupancy of 299 persons or fewer;
b. The entertainment is incidental to the primary use of the property;
c. Except as specified in subsection B.2.e, the entertainment only occurs during the following hours:
i. On weekdays, between 8:00 a.m. and 10:00 p.m.;
and
ii. On weekends, between 8:00 a.m. and 11:00 p.m.;
and
d. On December 31st (New Years Eve), the entertainment may occur from 8:00 a.m. until 1:00 a.m. on the following January 1st.

BC. Neither the obtaining of an entertainment permit nor compliance with the operating standards provided in this chapter shall obviate the need for, or is an excuse for any noncompliance with any other law or regulation, including the Planning 5 1391885
and Development Code, building code, fire code, or any other or additional permit condition requirement or standard made applicable to the entertainment or entertainment establishment under any other provision of this code or state or federal law.

5.108.040 Exemptions from the permit requirement.

The following types of entertainment and events are exempt from the permit required by this chapter requirement in section 5.108.030. An exemption does not relieve any entertainment establishment person from complying with all other applicable any other laws or regulation, including, but not limited to, Aarticle II and the laws related to noise levels and nuisances, particularly those contained in Ttitle 8.

A. Entertainment sponsored by any agency of the cCity of Sacramento, the cCounty of Sacramento, the various boards of education, or by any other public agency of the sState of California. The leasing or subleasing of the real property owned or controlled by any of the forgoing public agencies to an entertainment establishment does not constitute sponsorship of the entertainment by a that public agency; B. Entertainment sponsored by any nonprofit public benefit organization, such as Girl Scouts of the USA, Boy Scouts of America, Little League, or Boys and Girls Clubs of America, 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. N o 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 in accordance with chapter 12.48 (special events); D. Entertainment sponsored by a city -authorized business improvement district when:
6 1391885

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 Cchapter 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 Ssection 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 upon reasonable request;
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;
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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 Ssection 5.108.030;
P. Book readings, book signings, poetry recitations, plays, trivia contests, and any other similar entertainment consisting of the spoken word, including plays; Q. Fund-raisers 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. E ntertainment 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 Cchapter 5.04,

2. “Amusement arcades,” regulated under Cchapter 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 Cchapter 5.24,

4. “Cardrooms,” regulated under Cchapter 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 Cchapter 5.20.

6. “
Miniature golf,” regulated under Cchapter 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; 8 1391885
V. The normal and customary fitness services provided by an athletic club or fitness center.

Article II. Operation of Entertainment Establishments

5.108.050 Application of article.

This article is intended to implement minimum standards applicable to the operation of all entertainment establishments whether or not such establishments are subject to the permit requirement of Aarticle I. Nothing in this article shall limits the city’s authority to impose and enforce permit conditions under Ssection 5.108.190 requiring entertainment establishments to comply with operating standards that are more strict, comprehensive or onerous than the minimum standards imposed by this article.

5.108.060 Hours of operation—Responsible person.

B. A responsible person must be present in the entertainment establishment during all hours that the entertainment establishment is open and offering entertainment.

5.108.070 Disturbing the peace—Disorderly conduct.

Each responsible person shall make reasonable efforts to prevent the admittance of any person whose conduct is described in California Penal Code Ssections 415 (fighting, loud noise, offensive words in public places) or 647 (disorderly conduct) at the premises or on any parking lot or similar facility used by the establishment. Each responsible person shall make reasonable efforts to remove any persons exhibiting such conduct from the establishment.

5.108.080 Intoxicated customers.

Each responsible person shall make reasonable efforts to prevent the admittance of any obviously intoxicated person. For purposes of this section, a person is “obviously intoxicated” when he or she exhibits readily apparent outward manifestations of drug or alcohol intoxication, including but not limited to, inability to 9 1391885
walk or stand in a normal manner, bloodshot or glassy eyes, flushed face, incoherent or slurred speech, alcoholic breath, belligerence or other loud or boisterous conduct, extreme agitation, or nervousness or mental confusion.

5.108.090 Reasonable passageway required.

It is unlawful for any responsible person to fail to provide a reasonable passageway of at least forty-eight (48) inches in width through any part of a room used by patrons and entertainers for their ingress and egress.

5.108.100 Observation of noise abatement laws required.

Each responsible person shall obey all laws applicable to noise abatement, including those contained in Ttitle 8.

5.108.110 Disorderly conduct within fifty (50) feet prohibited.

Each responsible person shall make reasonable efforts to control the conduct of patrons so as to prevent or minimize disorderly or unlawful conduct within the entertainment establishment and within fifty (50) feet of the establishment. The distance shall be measured in a straight line from the property line of the entertainment establishment.

5.108.120 Orderly dispersal required.

Each responsible person shall use reasonable efforts to cause the orderly dispersal of individuals from the vicinity of the entertainment establishment at closing time, and shall not allow them to congregate within fifty (50) feet of the establishment in a disorderly fashion. The distance shall be measured in a straight line from the property line of the entertainment establishment.

5.108.130 Alcoholic beverage on premises.

A. It is unlawful for any person to bring an alcoholic beverage onto the premises unless such action is allowed by the entertainment establishment’s ABC license.

B. It is unlawful for any responsible person to allow any person to bring an alcoholic beverage onto the premises unless such action is allowed by the entertainment establishment’s ABC license.
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5.108.140 Chief of police authority where there is immediate threat to public safety.

B. It is unlawful for any person to fail to comply with any directive issued by the chief of police under authority of Ssection 5.108.140(.A).

Article III. Issuance, Renewal, Suspension, Modification, and Revocation of Permits

5.108.150 Application of article.

This article shall apply applies to the issuance, renewal, suspension, modification or revocation of any permit required by Ssection 5.108.030.

5.108.160 Application for permit—Posting premises.

A. Applications for permits shall be filed with the city manager on forms prescribed by the city manager, and shall must contain the following:

2. A description of the proposed entertainment, including the maximum number of persons who are expected to be present within the entertainment establishment at any one time;

3. The proposed opening date and hours of operation of the entertainment establishment;

4. For special or limited duration events a temporary entertainment permit, the date or dates, hours, and locations of the proposed entertainment;

5. The proposed security arrangements for the safety and control of patrons;

6. The name or names of the person or persons managing or supervising the proposed entertainment, or any business or premises wherein the entertainment is proposed to be located;
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7. Whether or not the applicant or any other responsible person(s) have has been convicted of a misdemeanor or felony offense within the past five years, the nature of such offense(s), and the sentence(s) imposed;

87. Written consent for the proposed entertainment on the premises from the owner of the property on which the entertainment is to be conducted; and

98. S uch other information as the city manager deems necessary for the proper processing and review of the application.

B. The applicant and all responsible persons shall submit to fingerprinting by the chief of police.

C. An application is complete when all the requirements of subsections A and B have been satisfied. Upon receipt of a complete application, the city manager shall provide to the applicant a notice of application for entertainment permit. If the application is for a limited or general entertainment permit, the city will also mail a copy of the notice to all owners of property within a radius of 500 feet of the premises for which the permit is sought. Within 24 hours of receiving the notice, Tthe applicant shall post the notice on the exterior of the premises for which the permit is sought within twenty-four (24) hours after receiving the notice. The notice must be posted in a location that allows interested members of the public to read the notice. and If the notice of application relates to a limited or general entertainment permit, the notice must remain posted for no less than at least fourteen (14) consecutive days,. or in the case of an application for If the notice of application relates to an temporary entertainment permit for a special event, the notice must remain posted for a period no less than at least forty-eight (48) hours, in a location that allows interested members of the public to read the notice. In addition, each applicant, other than an applicant for an entertainment permit for a special event, shall mail a copy of the notice to all owners of property within a radius of five hundred (500) feet of the premises for which the permit is sought within five calendar days of receiving the notice.

D. Except as provided below, tThe city manager shall either approve or deny an application for a limited or general the entertainment permit within sixty (60) calendar days of receipt of the complete application. The city manager may extend the time for consideration of the application for up to an additional twenty-one (21) calendar days with the written consent of the applicant. The failure of the city manager to timely act shall constitute approval of the permit.

E. T
he city manager shall either approve or deny an application for a temporary the entertainment permit for a special event within fourteen (14) calendar days of receipt of the complete application. The city manager may extend the time for consideration of the application for up to an additional three working days with the written consent of the applicant. The failure of the city manager to timely act shall constitute approval of the permit.

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5.108.170 Extended operating hours.

B. An y entertainment establishment, exempt from the permit requirement pursuant to Ssection 5.108.040, may apply for a permit under the procedures provided in the this chapter, for the sole purpose of obtaining extended operating hours. The extended operating hours approved by the city manager, and any conditions relating thereto, shall must be specifically stated in the permit.

5.108.180 Fees.

A. The following entertainment permit program fees shall be imposed in amounts established by resolution of the city council:

1. New Ppermit Ffees.
a. New limited entertainment permit fee. Every application for a new limited entertainment permit must be accompanied by a nonrefundable permit fee.
b. New temporary entertainment permit fee. Every
application for a new temporary entertainment permit must be accompanied by a nonrefundable application permit fee.
c. New general entertainment permit fee. Every application for a new general entertainment permit must be accompanied by a nonrefundable permit fee.

2. Renewal Permit renewal Ffees.
a. Limited entertainment permit renewal fee. Every
application to renew a limited entertainment permit must be accompanied by a nonrefundable permit renewal fee.
b. General entertainment permit renewal fee. Every
application to renew an general entertainment permit must be accompanied by a nonrefundable application permit renewal fee.

3. Special Event Permit Fees. Every application for an entertainment permit for a special event must be accompanied by a nonrefundable application fee.

43. Inspection Ffees.
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a. No fee for Iinitial Iinspection. There is no fee for the Iinitial inspection of the location where the entertainment establishment is to be conducted shall be done at no charge to the applicant or permittee. b. Re-Iinspection fee. There is a nonrefundable fee for every inspection after the initial inspection.
c. If an applicant or permittee agrees with the city manager upon a day and time for an inspection and the applicant or permittee fails by act or omission to provide access onto the premises, the failure to provide access to the premises constitutes an inspection for the sole purpose of calculating inspection fees pursuant to this section.

54. Modification Ffee.
a. Each permittee may submit up to six modification One requests to the city manager to modify a limited or general entertainment permit may be submitted during the two-year permit term at no charge. Every additional request within the two-year permit term must be accompanied by a nonrefundable modification fee.
b. E ve ry request to the city manager to modify a temporary entertainment permit must be accompanied by a nonrefundable modification fee. c. For the purposes of this subsection A.4 only, a request by a permittee to update the responsible persons listed on the permit does not constitute a request to modify the permit.

B. The fees established in this section are in addition to the city’s business operation tax and any other license or permit fee imposed by this code upon the applicant or permittee.

5.108.190 Investigation of application and issuance of permit.

B. The city manager shall approve the issuance of the entertainment permit if he or she finds:

1. That issuance of the permit and conduct of the entertainment at the proposed location, as conditioned, is consistent with federal, state, and local laws,; rules, regulations, and any existing special permit(s); and 14 1391885

2. That issuance of the permit at the proposed location, as conditioned, will not constitute an undue burden on the neighborhood because of its proximity to residences, inadequate parking or other neighborhood circumstances and will not interfere with the reasonable use and enjoyment of the neighborhood by its residents; and

4. N either the applicant or any responsible person or principal of the applicant has a history of committing, permitting, or failing to prevent significant violations of the city code, or any license or permit, in connection with an entertainment establishment for which he or she was a responsible person; and

5. It does not appear, based upon the information before the city manager, that the applicant has provided false or misleading material information in the application; and

6. That the application is complete; and

7. The applicant does not owe the city of Sacramento a fee authorized by Ssection 5.108.180 or an administrative penalty for violation of a provision of this chapter or a condition of an entertainment permit issued pursuant to this chapter.

C. Wh
ereIf the city manager does not approve denies a permit, the city manager shall inform the applicant of the reason(s) for the denial in writing.

D. In issuing the permit, the city manager may impose conditions relating to the operation of the entertainment establishment.

1. Conditions may relate to:
a. The days, hours, and location of operation;
b. Restrictions designed to prevent minors from obtaining alcohol, such as separate entrances, exits, and restroom facilities on the premises; c. The number and age of persons allowed on premises;
d. Whether licensed security guards are required, and if so, how many;
e. Specific measures the permittee must undertake to
control the conduct of patrons so as to prevent or minimize disorderly conduct within the establishment;
15 1391885
f. Specific measures the permittee must undertake to
remove trash attributable to the establishment or its patrons in and around the establishment, the surrounding neighborhood and the public right-of-way; g. Specific measures the permittee must undertake to
prevent the entertainment and its patrons from disturbing the peace and quiet of the surrounding neighborhood;
h. Specific measures the permittee must undertake to
prevent its patrons from engaging in disorderly conduct in the surrounding neighborhood;
i. Whether the chief of police must receive advance notice of the date of a particular event if that event is not held as part of the regularly scheduled events of the business; or
j. Other matters related to public health, safety, and
welfare.

2. C onditions shall be based on specific and articulable facts reasonably related to insuring ensuring the public health, safety, and welfare, including, but not limited to, the protection of minors from alcohol and other criminal activity, the conservation of limited city public safety resources and the prevention of public nuisance activity that detracts from the peace and quiet of residential neighborhoods.

3. Conditions shall be listed on, or attached to, the permit.

4. The city manager shall give the permittee an opportunity to review any proposed conditions and the city manager will consider the input of the permittee prior to imposing those conditions.

5. Conditions may not be imposed that conflict with any local, state, or federal law, or that conflict with the permittee’s ABC license. Nothing in this subsection is intended to prevent the city manager from imposing any condition related to the age of patrons inside an ABC establishment if the ABC license does not address that issue. The intent of this subsection is to allow the sale and service of food to minors in a bona fide public eating place (ABC license types 41, 47, and various club -licensed premises) with reasonable conditions placed on the permit to prevent curfew violations and protect the minors from alcohol and other criminal activity.

6. I f the applicant has been issued a special permit prior to the effective date of the ordinance codified in this chapter, conditions placed upon that special permit shall be conditions of the entertainment permit issued under authority of this chapter. However, nothing in this subsection shall be construed to limit the authority of the city manager to place additional conditions upon the permit that are not in conflict with the existing special permit conditions or to require compliance with the existing special permit conditions prior to issuance of the entertainment permit. 16 1391885

7. The city manager may require the applicant to demonstrate compliance with applicable existing specials permits prior to issuance of the permit or may issue the permit conditioned upon the applicant obtaining any other additional necessary special permit or other city, county, or state approval.

8. No condition may be imposed pursuant to this chapter that suppresses or regulates expression in any manner contrary to law.

9. Imposition of any particular condition is appealable through the procedures set forth in Ssection 5.108.260.

5.108.200 Display of permits.

The permit issued pursuant to this chapter shall must at all times be displayed in a conspicuous place in the entertainment establishment for which it was issued and shall be immediately produced upon the request of any police or code enforcement officer.

5.108.210 Duration of permit.

A. Except as provided in subsection B and Ssection 5.108.255, a limited or general entertainment permit issued pursuant to this chapter is valid for two years from the date it was issued, subject to any conditions or restrictions existing at the time it was issued.

B. A t emporary entertainment permit issued pursuant to this chapter for a special event is valid for the term stated in the permit, but in no event for a period greater than one year from the date it was issued.

5.108.220 Permits not transferable.

Permits issued pursuant to this chapter are not transferable to another person or location.

5.108.230 Effect of denial.

If an application for a permit is denied by the city manager for failure to satisfy the eligibility requirement stated in Ssection 5.108.190(.B).(2), no application for a permit to conduct any entertainment activity at the same location shall be considered by the city manager for a period of one year from the date of denial. In addition, if the denial is for failure to satisfy an eligibility requirement stated in Ssection 17 1391885

5.108.190(.B).(4) or (B).(5), the city manager shall not consider any application from the same applicant for a period of one year.

5.108.240 Suspension, modification, or revocation of permit.

A. After notice and an opportunity for a hearing to the permittee as provided in this section, the city manager may suspend, modify, or revoke any permit issued pursuant to the provisions of this chapter for any of the following reasons:

1. T he entertainment has been conducted in a manner contrary to the findings for the issuance of a permit set forth in Ssection 5.108.190(.B);

2. The permittee has failed to comply with one or more conditions of the permit;

3. The entertainment has created sound levels that violate the city code;

4. The permittee or his or her their employees, agents, or representatives have violated or are violating federal, state or local laws, rules, or regulations in connection with the entertainment;

6. The applicant has knowingly made a false statement of material fact or has knowingly omitted a material fact in the application;

7. The entertainment has created or is creating a nuisance;

8. The permittee or any other responsible person has violated any provision of this chapter; or

B. In the event the city manager proposes to suspend, modify, or revoke a permit, written notice of the proposed suspension, modification, or revocation shall be personally delivered or sent by certified mail to the permittee at least fourteen (14) calendar days prior to the date of the proposed suspension, modification, or revocation.

The notice shall contain:

1. A brief statement on the specific grounds for such suspension, modification, or revocation;
18 1391885

2. A statement that the permittee may appeal the proposed suspension, modification, or revocation by submitting an appeal, in writing to the city manager, within ten (10) calendar days of the date of service of the notice;

C. The appeal hearing shall be conducted by the city manager. The permittee may have the assistance of counsel and shall have the right to present evidence.

1. Failure to properly file a written appeal of the notice of suspension, modification, or revocation within ten (10) calendar days of the date of service of the notice will constitute a waiver of all right to an appeal hearing, and the suspension, modification, or revocation will be final. Failure to properly and timely appeal the notice of suspension, modification, or revocation shall also constitute a failure to exhaust administrative remedies and a bar to any judicial action pertaining to the city manager’s decision.

D. Written notice of the decision of the city manager shall be given to the permittee within ten (10) working days following the hearing by personal delivery thereof or deposit of such notice in the U.S. mail, postage prepaid.

E. E xcept as provided in subsections B and C, the decision of the city manager shall be is subject to appeal to the city council as provided in Ssection

5.108.260.

5.108.250 Renewal of permits.

A. ALimited entertainment permittees and general entertainment permittees may apply for permit renewal by submitting to the city manager before the expiration of a permit, a renewal application and a non-refundable permit renewal fee in an amount set by resolution of the city council. A permit application submitted after expiration of the applicant’s most recent permit shall be considered an application for a new permit.

B. I f a timely and complete application for renewal is filed, the permit’s expiration shall be stayed until a decision on the renewal application is issued. 19 1391885
C. The city manager shall either approve or deny the renewal of a permit within sixty (60) calendar days of receipt of the complete application. The city manager may extend the time for consideration of the application for up to an additional twenty- one (21) calendar days with the written consent of the applicant. The failure of the city manager to timely act shall constitutes approval of the renewal of the permit.

D. The city manager shall approve the renewal of a permit if he or she finds that no circumstances existed during the term of the permit, existed at the time of submission of an application for renewal, or existed at any time during the review of the application for renewal that is inconsistent with any finding required for approval of a new permit for the applicant or location as specified in Ssection 5.108.190 or would justify the suspension, modification or revocation of the permit as specified in Ssection

5.108.240. Notwithstanding the above, the city manager may add, delete, or modify the permit conditions as a condition of permit renewal, using the criteria set forth in Ssection 5.108.190.(D).

5.108.255 Extension of permits.

A limited entertainment permit and general entertainment permit renewed pursuant to Ssection 5.108.250 may be extended two additional years, if both of the following conditions exist:

A. N o permittee, responsible person, or principal of the applicant has committed, permitted allowed, or failed to prevent violations of the city code, or any license condition, or permit condition, at an entertainment establishment during the preceding two years; and
B. N o administrative penalty of Level C or above was imposed by the city, pursuant to Ssection 1.28.010, for violation of building or fire codes at the entertainment establishment during the duration of the renewed permit preceding two years.

5.108.260 Denial, suspension, modification, revocation, and conditions—Appeals.

A. Appeal to Hhearing Eexaminer.

1. Except as provided in Ssection 5.108.240, any applicant or permittee aggrieved by the decision of the city manager, in denying, suspending, modifying, or revoking a permit or imposing conditions on the permit, may appeal the decision to a hearing examiner by submitting a written appeal to the city manager within ten (10) calendar days from the date of service of the notice of denial, suspension, modification, or revocation. The written appeal shall contain:
20 1391885
a. A brief statement in ordinary and concise language of the specific action protested, together with any material facts claimed to support the contentions of the appellant;
b. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;
c. The signatures of all parties named as appellants and their official mailing addresses; and
d. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

2. The appeal hearing shall be conducted by a hearing examiner appointed pursuant to Ssection 8.04.070.

3. Upon receipt of any appeal filed pursuant to this section, the city manager shall transmit the appeal to the secretary of the hearing examiner who shall calendar it for hearing as follows:
a. If the appeal is received by the city manager not later than fifteen (15) days prior to the next regular appeal hearing, it shall be calendared for hearing at said meeting.
b. I f the appeal is received by the city manager on a date fewer than fifteen (15) days prior to the next appeal hearing, it shall be calendared for the next subsequent appeal hearing.

4. W ritten notice of the time and place of the hearing shall be given at least ten (10) calendar days prior to the date of the hearing to each appellant by the secretary of the hearing examiner either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

6. Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.

8. In the case of a suspension, modification, or revocation, the permittee may continue to conduct entertainment during the pendency of any appeal.

B. Hearings—Generally.

1. At the time set for hearing, the hearing examiner shall proceed to hear the testimony of the city manager, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically listed by the appellant in the notice of appeal.

2. The proceedings at the hearing shall be electronically recorded.

Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party’s own expense.

3. The hearing examiner may, upon request of the appellant or upon request of the city manager, grant continuances from time to time for good cause shown, or upon his or her their own motion.

4. In any proceedings under this chapter, the hearing examiner has the power to administer oaths and affirmations and to certify to official acts.

C. Conduct of Hhearing.

1. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. California Government Code Ssection 11513, subsections subdivisions (a), (b) and (c) as presently written or hereinafter amended shall apply to hearings under this chapter.

2. Oral evidence shall be taken only upon oath or affirmation.

3. Irrelevant and unduly repetitious evidence shall be excluded.

4. Each party shall have these rights, among others:
a. To call and examine witnesses on any matter relevant to the issues of the hearing;
b. To introduce documentary and physical evidence;
c. To cross-examine opposing witnesses on any matter
relevant to the issues of the hearing;
d. To impeach any witness regardless of which party first called the witness to testify;
e. To rebut the evidence presented against the party; and f. To represent him, her, or itself themselves or to be represented by anyone of his, her, or its their choice who is lawfully permitted to do so. 22 1391885

D. Form and Ccontents of Ddecision—Finality of Ddecision.

1. If it is shown, by a preponderance of the evidence, that one or more bases exist to deny, suspend, modify, or revoke the permit, the hearing examiner shall affirm the city manager’s decision to deny, suspend, modify, or revoke the permit.

The decision of the hearing examiner shall be in writing and shall contain findings of fact and a determination of the issues presented.

2. The decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code of Civil Procedure Ssection 1094.6. Copies of the decision shall be delivered to the parties personally or sent by certified mail to the address shown on the appeal. The decision shall be final when signed by the hearing examiner and served as provided in this section.

5.108.270 Permits issued prior to the effective date of this section.

A. Unless an earlier expiration date is specified in the terms of the permit itself, a dance permit issued on or before the effective date of the ordinance codified in this section shall be valid for one year from the effective date of this section and shall terminate thereafter. Notwithstanding any other provision of this chapter, all dance permits issued on or before the effective date of the ordinance codified in this section shall be subject to suspension, modification or revocation pursuant to Section

5.108.240.

B. A permittee with a permit subject to the provisions of subsection A may apply for permit renewal as provided in Section 5.108.250.

C. If a permit renewal is issued as provided in subsection B, the city manager may impose conditions on the permit in accordance with this chapter. (Ord. 2003-056 § 1)

5.108.270 Permits issued prior to the effective date of this section.

A. Except as provided in subsection B, all entertainment permits issued on or before the effective date of the ordinance that codified this section are deemed to be general entertainment permits subject to the provisions of this chapter. 23 1391885
B. All entertainment permits for special events that were issued on or before the effective date of the ordinance that codified this section are deemed to be temporary entertainment permits subject to the provision of this chapter.

Article IV. Penalties for Violation

5.108.280 Violation—Penalty.

B. Violations of this chapter are hereby declared to be a public nuisance.

C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.

AD. Any person violating any provision of this chapter, other than Ssections

5.108.070, 5.108.080, 5.108.110 and 5.108.120, is guilty of a misdemeanor.

BE. N otwithstanding subsection A, above, Aany person violating Ssections

5.108.070, 5.108.080, 5.108.110, or 5.108.120 of this chapter is not subject to criminal sanctions shall be subject to a civil action and/or administrative penalties pursuant to Section 1.28.010.

5.108.290 Cumulative remedies, procedures, and penalties.

Unless otherwise expressly provided, the remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.

SECTION 2.

The adoption of this ordinance is not intended to and does not affect any administrative, civil, criminal, or other actions or proceedings brought or to be brought to implement or enforce any provisions of the Sacramento City Code, as they existed prior to the effective date of this ordinance, including but not limited to any actions or proceedings to enforce any provision of chapter 5.108 of the Sacramento City Code, as they existed prior to the effective date of this ordinance. The provisions of the Sacramento City Code as they exist prior to the effective date 24 1391885
of this ordinance shall continue to be operative and effective with regard to any such actions or proceedings.

Sacramento City CouncilMarch 25, 2025

Sacramento City Council
March 25, 2025