Sacramento Municipal Code Art. III Issuance, Renewal, Suspension, Modification and Revocation of Permits

This article applies to the issuance, renewal, suspension, modification or revocation of any permit required by section 5.108.030. (Ord. 2025-0006 § 1; Ord. 2003-056 § 1)

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;

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.

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, the applicant shall post the notice on the exterior of the premises for which the permit is sought. The notice must be posted in a location that allows interested members of the public to read the notice. If the notice of application relates to a limited or general entertainment permit, the notice must remain posted for at least 14 consecutive days. If the notice of application relates to a temporary entertainment permit, the notice must remain posted for at least 48 hours.

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 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. (Ord. 2025-0006 § 1; Ord. 2014-0026 § 3; Ord. 2003-056 § 1)

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. (Ord. 2025-0006 § 1; Ord. 2003-056 § 1)

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.

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. (Ord. 2025-0006 § 1; Ord. 2014-0026 § 4; Ord. 2003-056 § 1)

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 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;

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.

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. (Ord. 2025-0006 § 1; Ord. 2014-0026 § 5; Ord. 2003-056 § 1)

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. (Ord. 2025-0006 § 1; Ord. 2003-056 § 1)

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. (Ord. 2025-0006 § 1; Ord. 2014-0026 § 6; Ord. 2003-056 § 1)

Permits issued pursuant to this chapter are not transferable to another person or location. (Ord. 2025-0006 § 1; Ord. 2003-056 § 1)

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. (Ord. 2025-0006 § 1; Ord. 2014-0026 § 7; Ord. 2003-056 § 1)

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;

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. (Ord. 2025-0006 § 1; Ord. 2003-056 § 1)

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.

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. (Ord. 2025-0006 § 1; Ord. 2014-0026 § 8; Ord. 2003-056 § 1)

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. (Ord. 2025-0006 § 1; Ord. 2014-0026 § 9)

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;

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, 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 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. (Ord. 2025-0006 § 1; Ord. 2014-0026 § 10; Ord. 2003-056 § 1)

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.

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. (Ord. 2025-0006 § 1; Ord. 2003-056 § 1)