Sonoma Municipal Code Ch. 5.34 Music Venue Licensing

Music venue licenses are intended to provide uniform and comprehensive regulations to ensure that live music performances are conducted in a manner that is compatible with adjacent land uses. The procedures of this chapter provide for the review of the location, design, configuration, and potential impacts of the music venue to be licensed, to evaluate the compatibility of the proposed activity with surrounding uses and the suitability of the activity to the site. (Ord. 02-2012 § 1 (Exh. A), 2012).

Music Venue. For the purpose of this chapter, a “music venue” shall be defined as follows: a building, building complex, and/or an indoor or outdoor area used to accommodate musical performances, including live music, the presentation of music played on sound equipment operated by the owner or by an employee, an agent or a contractor of the venue commonly known as a “disc jockey” or “DJ,” and karaoke. A music venue may be a stand-alone use or may be associated with another use such as a restaurant. “Nightclubs and bars,” “special event venues,” and “winery accessory uses” as defined and regulated in SMC Title 19 shall not be considered music venues and shall not be regulated by this chapter. (Ord. 02-2012 § 1 (Exh. A), 2012).

No person shall operate a music venue within the city limits without a valid music venue license, except on those properties for which a use permit was issued allowing music performances prior to the adoption of this chapter and in accordance with any applicable conditions. (Ord. 02-2012 § 1 (Exh. A), 2012).

A music venue license may only be granted within those zoning districts identified in SMC Title 19, Division II, Chapter 19.10 SMC (Zones and Allowable Uses) as allowing music venues, subject to the approval of a license in compliance with the provisions of this chapter. (Ord. 02-2012 § 1 (Exh. A), 2012).

An application for a music venue license shall be filed and processed in compliance with Chapter 19.52 SMC, Applications: Filing and Processing. In addition to the requirements specified in Chapter 19.52 SMC, the submittal of a management plan shall be required that fully describes the operation of the proposed music venue, including hours of operation, placement of stage areas, proposed amplification (if any), noise buffering, days and hours of music performances, security arrangements, annual reporting to the city in accordance with SMC 5.34.130, and controls for ensuring compliance with this chapter and the SMC and compatibility of the proposed activity with surrounding uses. (Ord. 02-2012 § 1 (Exh. A), 2012).

Each music venue license application shall be analyzed by the city planner to ensure that the application is consistent with the purpose and intent of this chapter and shall be circulated for comment to other city departments as necessary. The planning commission shall conduct a public hearing on an application for a music venue license. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 19.88 SMC (Public Hearings). (Ord. 02-2012 § 1 (Exh. A), 2012).

Following a public hearing, the planning commission may approve or disapprove an application for a music venue license. The planning commission shall record the decision and the findings upon which the decision is based. The planning commission may approve a music venue license only if the planning commission first finds that:

A. The proposed music venue license is consistent with the general plan and the development code (SMC Title 19);

B. The nature, scale and operating characteristics of the proposed music venue are compatible with the existing and future land uses in the vicinity; and

C. When implemented, the management plan sufficiently assures ongoing compliance with hours of operation, security, noise control, and all other conditions that may be attached to the license. (Ord. 02-2012 § 1 (Exh. A), 2012).

In approving a music venue license, the planning commission may adopt any conditions of approval deemed necessary to achieve consistency with the general plan and any applicable specific plan, compliance with the provisions and purposes of this chapter and any applicable provisions of the development code, and the protection of the public health, safety, and/or welfare. (Ord. 02-2012 § 1 (Exh. A), 2012).

While the approval of a new music license is required under this chapter upon a change in control of the ownership of a music venue or change in control of the ownership of the licensee, such approval shall not be unreasonably withheld by the planning commission, as long as the commission makes the following findings, based on substantial evidence in the record:

A. There was no pattern of violations associated with the music venue as operated by the predecessor business, operator, and/or licensee; and

B. No substantial changes are proposed by the proposed, new licensee with respect to: (1) the nature, scale and operating characteristics of the music venue, and (2) the previously approved management plan, unless those changes are necessary to remedy problems or shortcomings of the previous licensee’s management plan and/or operations; and

C. The proposed new licensee possesses the resources, background and qualifications to comply with the previously approved management plan (as may be amended by the commission) and this chapter; and

D. There is no evidence that the proposed new licensee has violated the material terms and conditions of any permit, license or entitlement relevant to the operation of a music venue and previously granted to the proposed new licensee by any public agency. (Ord. 02-2012 § 1 (Exh. A), 2012).

A music venue license shall be exercised (namely, the activity or one of the activities for which the license was granted actually takes place) within six months from the final date of approval or the license shall become void, unless an extension is approved in compliance with Chapter 19.56 SMC, Permit Implementation, Time Limits, Extensions. (Ord. 02-2012 § 1 (Exh. A), 2012).

Once a music venue license has been approved, the planning commission shall review the license within one year of it being exercised for compliance with conditions and a re-evaluation of its compatibility with adjoining uses. The planning commission shall conduct a public hearing on the initial review of a music venue license. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 19.88 SMC (Public Hearings). Following a public hearing, the planning commission may extend the music venue license or it may terminate the music venue license, based on consideration of the findings set forth in SMC 5.34.120. The planning commission shall record the decision and the findings upon which the decision is based. In renewing a music venue license, the planning commission may amend the conditions of approval as deemed necessary to achieve consistency with the general plan, compliance with the provisions and purposes of the this chapter, development code, and the protection of the public health, safety, and welfare. (Ord. 02-2012 § 1 (Exh. A), 2012).

A music venue license may be reviewed and terminated by the planning commission in a public hearing at any time, subject to the notice requirements set forth in Chapter 19.88 SMC (Public Hearings). A music venue license may be terminated by the planning commission based on any of the following findings, supported by substantial evidence in the record:

A. The licensee has failed to comply with the conditions of approval attached to the music venue license, the management plan made part of the music venue license or any other regulations applicable to the activity authorized by the music venue license; or

B. The findings set forth in SMC 5.34.070 can no longer be made with respect to the music venue or the manner in which the music venue has been or is being operated, based on specific evidence in the record that demonstrates that the music venue is having significant adverse effects on the health, safety, or welfare of residences and/or businesses in its vicinity; or

C. The licensee made misrepresentations in its application for a music venue license or otherwise failed to disclose thereon facts material to the decision whether or not to grant the music venue license to the licensee. (Ord. 02-2012 § 1 (Exh. A), 2012).

A music venue license is valid for one year, after which it expires if not renewed prior to the completion of the one-year term. Following the initial planning commission review required under SMC 5.34.110, the annual renewal of a music venue license shall be processed administratively and shall not be subject to a public hearing requirement; provided, that staff finds that the applicant is in compliance with the conditions of approval associated with the license and all other requirements of this chapter. Otherwise, the renewal of the license shall be referred to the planning commission for review, subject to the notice requirements set forth in Chapter 19.88 SMC (Public Hearings). Notwithstanding the foregoing, said license shall not expire unless the city has given written notice to the licensee of the date of expiration and the licensee fails to renew the license within 30 days of receipt of said notice. (Ord. 02-2012 § 1 (Exh. A), 2012).

A music venue license is personal to the person or entity to whom or to which it is granted. Only the licensee is permitted to engage in the activities described in the license and those activities may only occur on or at the premises described in the license. A music venue license may not be transferred and is not transferable, except as specifically provided for in SMC 5.34.090 (Change of Ownership). For purposes of this chapter, “transfer” shall also include a change in control of the ownership of any entity to which a music venue license is granted. For purposes of this chapter, “control” shall mean the ownership, directly or indirectly, of at least 25 percent of the voting securities of, or possession of the right to vote, in the ordinary direction of its affairs, of at least 25 percent of the voting interest in, any person or entity. (Ord. 02-2012 § 1 (Exh. A), 2012).

Fees for an application for a music venue license and for the renewal of a music venue license shall be as established by the city council, and amended from time to time, through the adoption of a resolution. (Ord. 02-2012 § 1 (Exh. A), 2012).