San Diego Municipal Code Div. 15 Entertainment Establishments

(Retitled from “Cabarets — Dance Halls” to “Entertainment Establishments” on 11-20-2000 by O-18887 N.S.)

The Council of the City of San Diego encourages the development of arts and culture in San Diego, and recognizes that many entertainment venues provide a means for such development. The Council of the City of San Diego further recognizes that the variety of entertainment venues in the City provide a rich and diverse cultural experience for the residents of the City and visitors to the City. The Council also recognizes that many non-alcoholic entertainment venues provide a safe place for families and young adults to gather.

The Council of the City of San Diego finds that the operations of entertainment
establishments present an environment with the demonstrated potential for excessive
noise generation and disorderly conduct by patrons, particularly at closing times, with
the attendant adverse public safety impact on the surrounding business and residential
community.

Therefore, it is the purpose of this Division to regulate the operations of
entertainment establishments for the public safety. 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 Division to provide options to the Chief of Police in
regulating the variety of businesses and events which provide entertainment. 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 safety needs
and avoiding unnecessary conditions on existing businesses or organizations which
would change the mode of operation of a law-abiding business or organization with a
history of compliance with the City laws.
(Retitled to “Purpose and Intent” and amended 11–20–2000 by O–18887 N.S.)

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For purposes of this Division:

“ABC License” means the license issued by the California Department of Alcoholic
Beverage Control.

“Admission Charge” means any charge for the right or privilege to enter any
place of entertainment including a minimum service charge, an event charge,
a cover charge, a charge for the use of seats and tables, or any other similar
charge. It also includes the purchase or presentation of a ticket or token
directly or indirectly required as a condition for entrance. It does not include
tips, gratuities, voluntary donations, or suggested donations for employees or
for any person providing entertainment.

“Bona fide restaurant” means an eating establishment where a minimum percentage
of its food sales are 50% of gross receipts.

“Conditional use permit” means any permit issued by the City of San Diego pursuant
to Chapter X, Article 1, Division 5, or pursuant to a planned district ordinance, upon
which the Chief of Police has had a meaningful role in determining conditions on the
permit related to the operation of a public dance, entertainment, or amusement
premises.

“Dance and dancing” means movement of the human body, accompanied by music
or rhythm.

“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 is
conducted for the purposes of holding the attention of, gaining the attention of, or
diverting or amusing guests or patrons, including:

(a) Presentations by single or multiple performers, such as hypnotists,
pantomimes, comedians, musical song or dance acts, plays, concerts, any type
of contest; sporting events, exhibitions, carnival, rodeo or circus acts,
demonstrations of talent; shows, reviews, any other such activity which may
be attended by members of the public.

(b) Dancing to live or recorded music.

(c) The presentation of recorded music played on equipment which is operated by
an agent or contractor of the establishment, commonly known as “DJ” or
“disc jockey.”

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“Theater” means any commercial establishment where regular theatrical performances, such as performances of literary compositions that tell a story, are given, usually on a stage, and usually with ascending row seating or some arrangement of permanent seating. (“Cabaret — Entertainment Regulated” repealed and “Definitions” added 11-20-2000 by O-18887 N.S.) (Amended 12-15-2011 by O-20114 N.S.; effective 1-14-2012.)

(a) It is unlawful for any person to provide or permit any entertainment which is open to the public without a police permit.

(b) The issuance of a “Special Event Permit” pursuant to Chapter II, Article 2,
Division 40 of this Code, upon which the Chief of Police has had input in
determining conditions on the permit related to the entertainment, satisfies the
entertainment permit requirement of this Division. A separate entertainment
permit is not required.
(“Cabaret — Entertainers” repealed and “Entertainment Permit Required” added
11-20-2000 by O-18887 N.S.)

The following types of entertainment and events are exempt from the police permit required by this Division. This exemption does not relieve any of the entertainment and events from complying with all other applicable laws, including the laws related to noise levels, particularly those contained in Chapter V of this Code.

(a) Entertainment sponsored by any agency of The City of San Diego, the County
of San Diego, the various Boards of Education, or of any other political
subdivision of the State of California, or any non-profit organization, such as
Girl Scouts, Boy Scouts, Little League, Boys and Girls Club, whose primary
objective is the sponsoring and control of youth activities and child welfare. If
the event is a dance, the following requirements must be met:

(1) No person eighteen 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;

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(3) Chaperones from the sponsoring agency are present on the premises at
the rate of two adults, who are at least twenty-five years of age or
older, for every one hundred 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.

(b) 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, Streets and Highways Code sections 36500 and 36600,
et. seq., and in compliance with agreements between the business
improvement district and the City;

(2) the event is for the purpose of improving the business district of the
business improvement district; and

(3) the business improvement district is the responsible person for the
event.

(c) Entertainment limited to the use of a radio, music recording machine, juke box, television, video games, video programs, or recorded music by an establishment;

(d) 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, membership in which is by application and for which regular
dues are charged, and the advantages of which club belong to members, and
the operation of which is not primarily for monetary gain;

(e) Entertainment provided for invited guests at a private event such as a wedding
reception, banquet, or celebration where there is no admission charge.

(f) Entertainment conducted in connection with a regularly established recreation
or theme park;

(g) Entertainment conducted by or sponsored by any bona fide club, organization,
society or association which is exempt from taxation pursuant to 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 club,
society or association;

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(h) Performances by the students at educational institutions as defined by the
Education Code where such performances are part of an educational or
instructional curriculum or program;

(i) Theaters;

(j) Motion picture theaters not providing live entertainment;

(k) Dance lessons, theatrical and performing arts lessons;

(l) Book readings, book signings, poetry recitations, and any other similar
entertainment consisting of the spoken word, including plays;

(m) Fund-raisers for a political cause;

(n) Entertainment consisting of ambient or incidental music provided for the
guests by musicians such as a piano player, harpist, strolling violinist,
mariachi band, guitarist or band. If there is an admission charge required to
observe such entertainment, it will not be considered incidental.

(o) Any establishment, venue or assemblage of 49 persons or less, as described in the maximum occupancy load, provided that all the following conditions exist:

(1) There is no admission charge.

(2) The premises is not licensed and used for the sale of alcoholic
beverages, such as a bar or restaurant which has an ABC license and
serves alcoholic beverages.

(3) Customer dancing is not allowed.

(4) The entertainment ceases between the hours of 2:00 a.m. and 6:00 a.m.

(p) For any of the following police-regulated businesses and occupations:

(1) “nude entertainment,” regulated under Division 36 of this Article;

(2) “casino parties,” regulated under Division 41 of this Article;

(3) “commercial amusement establishments,” regulated under Division 16
of this Article;

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(4) “peep show establishments,” regulated under Division 33 of this
Article;

(5) “bingo,” regulated under Division 34 of this Article;

(6) “cardrooms,” regulated under Division 39 of this Article.

(q) Any establishment that is a bona fide restaurant provided all of the following
conditions exist:

(1) There is no admission charge.

(2) There is no required purchase or donation (such as minimum drink
order).

(3) The establishment is closed and all customers have vacated the
premises between 11:00 pm and 8:00 am.

(4) Customer dancing is not allowed.

(“Cabaret — Employees Prohibited from Certain Acts” repealed and “Exemption
from the Permit Requirement” added 11-20-2000 by O-18887 N.S.)
(Amended 12-15-2011 by O-20114 N.S.; effective 1-14-2012.)
(Amended 1-2-2013 by O-20230 N.S.; effective 2-1-2013.)

All entertainment establishments shall be closed and all patrons shall vacate the premises between 2:00 a.m. and 6:00 a.m., unless the permittee also has an after- hours permit issued pursuant to Chapter III, Article 3, Division 8. The Chief of Police may require additional hours of closure as a condition on the permit. It is unlawful for any responsible person to fail to abide by the hours of closure. (“Cabaret — Employees Prohibited from Associating with Patrons” repealed and “Hours of Operation” added 11-20-2000 by O-18887 N.S.)

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The responsible person shall make reasonable efforts to prevent the admission of any person whose conduct is described in Penal Code section 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. The responsible person shall make reasonable efforts to remove persons exhibiting such conduct from the establishment. (“Cabaret — Employees Percentage Compensation Prohibited” repealed and “Disturbing the Peace; Disorderly Conduct” added 11-20-2000 by O-18887 N.S.)

It is unlawful for any responsible person to fail to provide a reasonable passageway through any part of a room used by patrons and entertainers for their ingress and egress. (“Minors Prohibited” repealed and “Reasonable Passageway Required” added 11- 20-2000 by O-18887 N.S.)

The responsible person shall observe all laws applicable to noise abatement, including those contained in Chapter V of this Code. (“Notices Posted” repealed and “Observation of Noise Abatement Laws Required” added 11-20-2000 by O-18887 N.S.)

The responsible person shall control the conduct of patrons so as to prevent or minimize disorderly or unlawful conduct upon the establishment and within 100 feet of the establishment. The 100-foot distance shall be measured in a straight line from the property line of the licensed establishment. (“Cabaret — Hours of Operation” repealed and “Disorderly Conduct Within 100 Feet Prohibited” added 11-20-2000 by O-18887 N.S.)

The responsible person shall cause the orderly dispersal of individuals from the vicinity of the establishment at closing time, and shall not allow them to congregate in the vicinity in a disorderly fashion. (“Adequate Lighting Required” repealed and “Orderly Dispersal Required” added 11-20-2000 by O-18887 N.S.)

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(a) It is unlawful for any person to bring an alcoholic beverage onto the premises unless such action is allowed by the permittee’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
permittee’s ABC license.
(“Public Dance — Definition” repealed and “Alcoholic Beverage on Premises”
added 11-20-2000 by O-18887 N.S.)

(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 and 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 33.1512(a).
(Added 11-20-2000 by O-18887 N.S.)

(a) The Chief of Police may impose conditions relating to the operation of the entertainment on the police permit. Conditions may relate to:

(1) the days, hours and location of operation;

(2) whether separate entrances, exits, and restroom facilities on the
premises, or other similar restrictions designed to prevent minors from
obtaining alcohol are required;

(3) the age of persons allowed on premises;

(4) whether licensed security guards are required, and if so, how many;

(5) 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; and

(6) other similar conditions related to public safety and welfare;

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(b) Conditions shall be based on specific and articulable facts reasonably related
to insuring public safety, including the protection of minors from alcohol and
other criminal activity.

(c) Conditions will be listed on the permit.

(d) Conditions may not be imposed unless the Chief of Police has considered the
input of the permittee on the appropriateness of the conditions.

(e) The Chief of Police may not impose conditions that conflict with any local,
state or federal law, or that conflict with the permittee’s ABC License.

(f) Notwithstanding Section 33.1513(a), if the applicant has an ABC license or a conditional use permit issued since January 1, 1993 upon which the Chief of Police has had meaningful input in determining conditions on the permit related to the operation of the entertainment, including the ages of the patrons, and there has been no change in the manner or type of entertainment offered, those conditions will be the conditions of the police permit issued under authority of this Division. Nothing in this subsection is intended to prevent the Chief of Police 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.

(g) Unless otherwise stated on the permit, a permit’s conditions are subject to
change only (1) at the time of renewal of the permit and at the request of the
permittee, or (2) in conjunction with a modification of the same conditions on
an ABC license or conditional use permit. At the time of renewal, the Chief of
Police may order the removal or modification of any condition as requested.
Nothing in Section 33.1513(f) or (g) is intended to prevent the Chief of Police
from modifying any condition in conjunction with regulatory action taken
against the permittee pursuant to Division 4 of this Article.

(h) Imposition, suspension or revocation of any particular condition is appealable
through the procedures set forth in Division 5 of this Article.
(i) The Chief of Police may not use the conditions to suppress or regulate speech
in any manner contrary to the First Amendment.
(Added 11-20-2000 by O-18887 N.S.)

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Any public dance, cabaret, or commercial recreational assemblage permit issued on or before November 20, 2000, shall be valid for one year from the date it was issued, with the exception of a single event, subject to any conditions or restrictions existing at the time it was issued. To obtain a renewed permit, an application for renewal shall be submitted to the Chief of Police. At the time the application for renewal is submitted, the Chief of Police may impose conditions on the permit in accordance with this Division. (Added 11-20-2000 by O-18887 N.S.)

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Article 3: Police Regulated Occupations and Businesses