The city council of the City of Roseville encourages the development of arts and culture in Roseville, and recognizes that many entertainment venues provide a means for such development. The council further recognizes that the varied 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 entertainment venues not serving alcoholic beverages provide a safe place for families and young adults to gather.
However, 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, underage drinking and crowd control, 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 the city laws and requirements.
(Ord. 5114 § 2, 2012)
The following definitions shall apply for purposes of 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 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, token or equivalent 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 the chief of police of the City of Roseville and his or her designee.
“City attorney”
includes the city attorney of the City of Roseville and his or her designee.
“City manager”
includes the city manager of the City of Roseville and his or her designee.
“Dance” and “dancing”
mean 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, drug trafficking, lewd conduct, disturbance of the peace, conduct that violates any provision of the Roseville Municipal Code, including, but not limited to, Chapter 9.24, 10.30, 10.34, 10.37, or 10.38, 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:
A. 
Presentations by single or multiple performers, such as hypnotists, mimes, 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 and any other such activity which may be attended by members of the public.
B. 
Dancing to live or recorded music.
C. 
Serving alcohol after 12:00 a.m. (This provision does not include sales of original, sealed containers for offpremises consumption pursuant to an exclusively off-sale alcoholic beverage license.)
D. 
The presentation of recorded music played on equipment which 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 through the use of a radio, stereo, juke box, music recording machine or other similar device.
“Entertainment permit”
means any special permit issued by the city under this chapter related to the operation of a public dance, entertainment establishment, or amusement premises.
“Permittee”
means a person, persons, or business entity that has been issued a permit as provided in this chapter.
“Person”
means an individual(s), firm, association, partnership, corporation, company, governmental entity or organization or legal entity of any kind, and the legal representatives, agents, trustees, receivers, assigns, agents, servants, and employees of any such person.
“Premises”
means any parcel(s) of property owned, leased, occupied, or under the control of a person where entertainment occurs, including, but not limited to, any structures, outdoor seating, or parking lots.
“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 present and exercising control over the operation of an entertainment establishment, whether or not that person is a named permittee.
“Special event”
means entertainment conducted on private property where all of the following circumstances exist:
A. 
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;
B. 
The person sponsoring or offering the entertainment is not in the business of regularly offering entertainment to the public;
C. 
Entertainment will only be offered for a limited period of time, not to exceed five days; and
D. 
The entertainment is not a recurring or regularly scheduled event or celebration.
“Theater”
means any commercial establishment where regular sporting events, concerts, motion picture screenings or theatrical performances are given, usually with a stage, and usually with ascending row seating or some arrangement of permanent seating.
(Ord. 5114 § 2, 2012; Ord. 5852 § 2, 2017)
A. 
Unless exempt pursuant to Section 9.45.040, it is unlawful for any person or premises, located within the City of Roseville, to provide or permit any entertainment that is open to the public without an entertainment permit issued pursuant to this chapter.
B. 
Neither the obtaining of an entertainment permit nor compliance with the operating standards provided in this chapter shall obviate the need for, or excuse any noncompliance with, the zoning code, building code, fire code or any other or additional permit requirement or standard made applicable to the entertainment or entertainment establishment under any other provision of this code or state or federal law.
(Ord. 5114 § 2, 2012; Ord. 5852 § 3, 2017)
The following types of entertainment and events are exempt from the permit required by this chapter. This exemption does not relieve any entertainment establishment from complying with all other applicable laws, including, but not limited to, regulations related to noise levels and nuisances.
A. 
Entertainment sponsored by any agency of the City of Roseville, the county of Placer, the various boards of education, or by any other political subdivision of the state of California.
B. 
Entertainment sponsored by any school or nonprofit public benefit organization, such as Girl Scouts, Boy Scouts, Little League or 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 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 or older, 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 at any city park, building or recreational facility.
D. 
Entertainment lawfully conducted entirely upon property owned or controlled by a governmental entity.
E. 
Entertainment sponsored by a city authorized business improvement district or area when:
1. 
The business improvement district or area is created pursuant to and is abiding by state law, and in compliance with agreements between the business improvement district or area and the city;
2. 
The event is for the purpose of improving the area encompassed by the business improvement district or area; and
3. 
The business improvement district or area is the responsible person for the event.
F. 
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.
G. 
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 a corporation or association 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.
H. 
Entertainment provided solely for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge.
I. 
Entertainment conducted in connection with a regularly established theme park.
J. 
Parades; however, a special events permit is required per Chapter 9.36.
K. 
Street performers such as musicians, singers or mimes.
L. 
Entertainment conducted or sponsored by any religious organization, bona fide club, organization, society or association that 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 religious organization, club, society or association.
M. 
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.
N. 
Theaters.
O. 
Motion picture theaters not providing live entertainment.
P. 
Dance lessons, theatrical and performing arts lessons and student recitals, provided that no alcoholic beverages are served on the premises.
Q. 
Book readings, book signings, poetry recitations, and any other similar entertainment consisting of the spoken word, including plays.
R. 
Fundraisers for a political or charitable cause, provided that 100 percent of the proceeds are used for the purposes of the political or charitable cause.
S. 
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 there is an admission charge or other charge required to observe or attend such entertainment, the music will not be considered ambient or incidental.
T. 
Any establishment, venue or assemblage of 49 persons or less, as described in the maximum occupancy load.
U. 
Entertainment conducted in any hotel or motel having in excess of 100 rentable rooms or suites.
V. 
Entertainment lawfully conducted at any of the following regulated businesses:
1. 
Adult-oriented businesses, regulated under Chapter 9.11; or
2. 
Bingo, regulated under Chapter 10.62.
W. 
The normal and customary fitness services provided by an athletic club or fitness center.
(Ord. 5114 § 2, 2012; Ord. 5852 § 4, 2017)
This chapter is intended to implement minimum standards applicable to the operation of all entertainment establishments. Nothing in this chapter shall limit the city’s authority to impose and enforce permit conditions under Section 9.45.190 requiring entertainment establishments to comply with operating standards that are more strict, comprehensive or onerous than the minimum standards imposed by this chapter.
(Ord. 5114 § 2, 2012)
A. 
Except as otherwise provided herein, all entertainment establishments shall be closed and all patrons shall vacate the premises between 2:30 a.m. and 6:00 a.m. 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.
(Ord. 5114 § 2, 2012)
Each responsible person shall make reasonable efforts to prevent the admittance of any person whose conduct is described as “disorderly conduct” under this chapter, including, but not limited to, such conduct as 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. Each responsible person shall make reasonable efforts to remove any persons exhibiting such conduct from the establishment and the vicinity.
(Ord. 5114 § 2, 2012; Ord. 5852 § 5, 2017)
Each responsible person shall make reasonable efforts to prevent the admittance of any overly intoxicated person. For purposes of this section, a person is “overly 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, where such manifestations lack other apparent cause.
(Ord. 5114 § 2, 2012)
Each responsible person shall use reasonable efforts to cause the orderly dispersal of individuals from the vicinity of the premises at closing time, and shall not allow them to congregate within 20 feet of the premises so as to result in disorderly conduct.
(Ord. 5114 § 2, 2012; Ord. 5852 § 7, 2017)
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.
(Ord. 5114 § 2, 2012)
A. 
The chief of police may require a permittee or responsible person to close down operations and disperse all persons for the remainder of its daily operation whenever disorderly conduct by patrons reaches a magnitude that presents an immediate and ongoing threat to the public safety or well-being of the patrons and general public in the vicinity.
B. 
Circumstances constituting an immediate threat to the public safety include, but are not limited to, the following:
1. 
There is an immediate ongoing and likely to continue threat of bodily harm or injury to a person or persons.
2. 
There is a clear and present danger of riot, disorder or unlawful interference with traffic upon the public streets.
3. 
When the occupancy rules are being violated.
C. 
It is unlawful for any person to fail to comply with any directive issued by the chief of police under authority of subsection A.
(Ord. 5114 § 2, 2012; Ord. 5852 § 8, 2017)
A. 
All applications for permits shall be filed with the chief of police on such forms as he or she may prescribe, and shall contain all of 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 premises at any one time.
3. 
The proposed opening date and hours of operation of the entertainment establishment.
4. 
For special or limited duration events, the date or dates, hours and location of the proposed entertainment.
5. 
The proposed security arrangements for the control of patrons.
6. 
The name or names of the person or persons having management or supervision authority over the proposed entertainment, or any business or premises wherein the entertainment is proposed to be located.
7. 
Whether the applicant or any other responsible person(s) have been convicted of a misdemeanor or felony offense within the past five years, the nature of such offense(s), and the sentence(s) imposed therefor.
8. 
Written consent for the proposed entertainment on the premises from the owner of the property on which the entertainment is to be conducted.
9. 
Such other information as the chief of police shall deem 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. 
Upon receipt of a complete application, the chief of police shall provide to the applicant a notice of application for entertainment permit. The applicant shall post the notice on the exterior of the premises for which the permit is sought within 24 hours after receiving the notice and for no less than 14 calendar days, or in the case of an application for an entertainment permit for a special event for a period no less than 48 hours, in a location that allows interested members of the public to read the notice.
D. 
Except as provided below, the chief of police shall either approve or deny the entertainment permit within 60 calendar days of receipt of the complete application. The chief of police may extend the time for consideration of the application by not more than 20 calendar days.
E. 
The chief of police shall either approve or deny the entertainment permit for a special event within five calendar days of receipt of the complete application. The chief of police may extend the time for consideration of the application by not more than five calendar days.
(Ord. 5114 § 2, 2012; Ord. 5852 § 9, 2017)
A. 
An applicant for a permit may request, and the chief of police may approve, extended operating hours that will be applicable to the permitted entertainment establishment. The extended operating hours approved by the chief of police, and any conditions relating thereto, shall be specifically stated in the permit.
B. 
Any entertainment establishment, exempt from the permit requirement pursuant to Section 9.45.040, 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 chief of police, and any conditions relating thereto, shall be specifically stated in the permit.
(Ord. 5114 § 2, 2012)
Every application for a permit shall be accompanied by a nonrefundable application fee as established by resolution of the city council. This application fee shall be in addition to the city’s business license tax and any other license or permit fee imposed by this code upon the applicant.
(Ord. 5114 § 2, 2012)
A. 
The chief of police shall conduct a thorough investigation of the application. The chief of police shall obtain recommendations and reports from such other city departments as he or she deems necessary, concerning the application.
B. 
The chief of police shall approve the issuance of the entertainment permit if he or she finds all of the following:
1. 
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).
2. 
The proposed location has a current fire department occupancy permit and has received a fire and life safety inspection within the previous fiscal year.
3. 
Neither the applicant nor any responsible person or principal of the applicant has, within the past five years, been convicted of a felony or other crime that is substantially related to the qualifications, functions or duties of a proprietor of premises upon which the entertainment activities are conducted.
4. 
Neither the applicant nor 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.
5. 
It does not appear, based upon the information before the chief of police, that the applicant has provided false or misleading material information in the application.
C. 
Where the chief of police determines that a permit application should be denied, he or she shall inform the applicant of the reason(s) for the denial in writing.
D. 
In issuing the permit, the chief of police may impose conditions relating to the operation of the entertainment establishment.
1. 
Conditions may include, but are not limited to, all of the following:
a. 
Dress code;
b. 
Restrictions designed to prevent minors from obtaining alcohol, such as separate entrances, exits, and restroom facilities on the premises;
c. 
Cover charge;
d. 
The number and age of persons allowed on premises;
e. 
No glassware or glass containers after 10:00 p.m.;
f. 
Whether licensed, uniformed security guards are required, and if so, how many;
g. 
Specific measures the permittee must undertake to control the conduct of patrons so as to prevent or minimize disorderly conduct within the establishment;
h. 
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;
i. 
Specific measures the permittee must undertake to prevent the entertainment and its patrons from disturbing the peace and quiet of the surrounding neighborhood; and
j. 
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.
2. 
Conditions shall be based on specific and articulable facts reasonably related to insuring the public health, safety and welfare, including, but not limited to, criminal activity, the conservation of limited city public safety resources and the prevention of public nuisance activity that detracts from the peace.
3. 
Conditions shall be listed on, or attached to, the permit.
4. 
The chief of police shall give the permittee an opportunity to review any proposed conditions and the chief of police 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 chief of police from imposing more restrictive conditions related to the age of patrons inside an ABC establishment. 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. 
The chief of police may require the applicant to demonstrate compliance with any applicable existing special permit 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.
7. 
No condition may be imposed pursuant to this chapter that suppresses or regulates expression in any manner contrary to law.
8. 
Imposition of any particular condition is appealable through the procedures set forth in Section 9.45.260.
9. 
It is unlawful for a permittee or other responsible person to violate the terms or conditions of the permit.
(Ord. 5114 § 2, 2012; Ord. 5251 § 1, 2013)
The permit issued pursuant to this chapter shall 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. 5114 § 2, 2012)
A. 
Except as provided below, a permit issued pursuant to this chapter shall be 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 permit issued pursuant to this chapter for a special event shall be 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. 5114 § 2, 2012)
In the event an application for a permit is revoked by the chief of police, no application for a permit to conduct the proposed activity at the same location shall be considered by the chief of police for a period of one year from the date of revocation, unless sufficient proof of adequate change of ownership has been presented to the chief of police.
(Ord. 5114 § 2, 2012; Ord. 5852 § 10, 2017)
A. 
After notice to the permittee and an opportunity for a hearing as provided in this section, the chief of police 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 9.45.190(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 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 chief of police 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. 
The chief of police with the concurrence of the city attorney may modify a permit, which is in violation of the above, by way of a negotiated settlement with the permittee.
(Ord. 5114 § 2, 2012; Ord. 5852 § 11, 2017)
A. 
A permittee may apply for permit renewal by submitting to the chief of police not less than 45 days before the expiration of any permit, a renewal application and a non-refundable renewal fee in an amount set by resolution of the city council.
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 chief of police shall either approve or deny the renewal of a permit within 45 calendar days of receipt of the complete application. The chief of police may extend the time for consideration of the application not more than 20 calendar days.
D. 
The chief of police 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 are inconsistent with any finding required for approval of a new permit for the applicant or location as specified in Section 9.45.190 or would justify the suspension, modification or revocation of the permit as specified in Section 9.45.240. Notwithstanding the above, the chief of police may add, delete or modify the permit conditions as a condition of permit renewal, using the criteria set forth in Section 9.45.190(D).
(Ord. 5114 § 2, 2012)
A. 
In the event the chief of police proposes to suspend, modify or revoke a permit, the applicant shall have the right to appeal from said action to the chief of police within 10 calendar days after the notice of denial is personally served upon or mailed to the applicant or permittee. A written notice of appeal shall be timely filed with the chief of police, and on receipt of said notice, the chief of police shall set the matter for hearing within 15 calendar days of the filing of said notice of appeal. Written notice of the time and place of such hearing shall be served upon the applicant at least five days prior to the date set for such hearing. Notice may be given either by personal delivery to the applicant, or by depositing it in the U.S. mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her address as it appears in the application.
B. 
Within five calendar days after the hearing, the chief of police shall send written notice to the applicant either granting the permit or containing a statement of the grounds relied upon for denying the permit. The decision of the chief of police under this section may be appealed to the City of Roseville board of appeals within 10 days. The decision of the board of appeals shall be final.
C. 
If a written notice of appeal is not timely filed pursuant to this section, the decision of the chief of police shall be final.
(Ord. 5114 § 2, 2012)
A. 
Unless an earlier expiration date is specified in the terms of the permit itself, an entertainment permit issued on or before the effective date of the ordinance codified in this chapter shall be valid for one year from the effective date of the ordinance codified in this section and shall terminate thereafter. Notwithstanding any other provision of this chapter, all entertainment 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 9.45.240.
B. 
A permittee with a permit subject to the provisions of subsection A may apply for permit renewal as provided in Section 9.45.250.
C. 
If a permit renewal is issued as provided in subsection B, the chief of police may impose conditions on the permit in accordance with this chapter.
(Ord. 5114 § 2, 2012)
Violation of any provision of this chapter may be charged as an administrative citation, misdemeanor or infraction, at the discretion of the city attorney.
(Ord. 5114 § 2, 2012)
The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
(Ord. 5114 § 2, 2012)