Sacramento Municipal Code Art. I General Provisions

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.

This approach also would avoid placing unnecessary conditions on existing businesses or organizations with a history of compliance with city laws and requirements. (Ord. 2025-0006 § 1; Ord. 2003-056 § 1)

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 "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. (Ord. 2025-0006 § 1; Ord. 2014-0026 § 1; Ord. 2013-0021 § 12; Ord. 2003-056 § 1)

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:

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.d, 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.

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

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:

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;

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 premises of any amusement arcade, such amusement arcade shall not, by virtue of this provision, be exempt from the permit requirement of this chapter,

3. "Bingo," regulated under chapter 5.24,

4. "Cardrooms," regulated under chapter 5.32. However, if entertainment, other than the playing of cards, is conducted on the premises of any cardroom, such cardroom shall not, by virtue of this provision, be exempt from the permit requirement of this chapter,

5. "Billiard and pool parlors," regulated under chapter 5.20. However, if entertainment, other than the playing of billiards or pool, is conducted on the premises of any billiard or pool parlor, such billiard or pool parlor shall not, by virtue of this provision, be exempt from the permit requirement of this chapter,

6. "Miniature golf," regulated under chapter 5.84. However, if entertainment, other than the playing of miniature golf, is conducted on the premises of any miniature golf establishment, such miniature golf establishment shall not, by virtue of this provision, be exempt from the permit requirement of this chapter;

V. The normal and customary fitness services provided by an athletic club or fitness center. (Ord. 2025-0006 § 1; Ord. 2014-0026 § 2; Ord. 2003-056 § 1)