This chapter shall be known as the Peter Gonzales Entertainment Permit Ordinance.
The city council encourages the development of arts and culture in Davis, 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 social and cultural experience for the residents and visitors of the city alike. 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 late at night and 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 through the issuance of entertainment permits. 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 that may occur as a result of the operation of the entertainment.
It is also the intent of this chapter to provide options to the city manager and police chief 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 protecting the public health, safety and welfare. This approach also would avoid placing unnecessary restrictions on existing establishments with a history of compliance with city laws and requirements.
(Ord. 2477 § 2, 2016)
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 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.
City manager
includes the city manager of the City of Davis and his or her 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, obstructing the free passage of vehicles within the public right-of-way, littering, fighting, loud speaking or shouting or the operation of automobile audio systems in a manner that violates Section 24.05.010, General noise prohibition, 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:
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 musical song or dance acts, concerts, live shows, and any other such related activity which may be attended by members of the public or are open or advertised to the public, or occur in a public place;
(b) 
Dancing to live or recorded music;
(c) 
The presentation of recorded music played on equipment which is operated by an employee, agent or contractor of the establishment, commonly known as a "DJ" or "disc jockey."
Entertainment permit
means a standard entertainment permit issued pursuant to this chapter, which is not a special event permit.
Permittee
means a person that has been issued a permit as provided in this chapter.
Person
means a person, firm, association, co-partnership, joint venture, corporation, entity, public or private in nature, or organization of any kind.
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.
Public place
means an area open to the public, or an alley, plaza, park, or parking lot, or an automobile, whether moving or not, or a building open to the general public, including one which serves food or drink, or provides entertainment.
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 any and all additional measures, consistent with sound business judgment, that may be 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.
Special event
means entertainment conducted on private or residential 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 consecutive days;
(d) 
The entertainment is not a recurring or regularly scheduled event or celebration.
Special event permit
means a permit issued pursuant to this chapter for a special event.
Police chief
includes the police chief of the City of Davis and his or her designee.
Theater
means any commercial establishment where regular concerts, motion picture screenings or theatrical performances are given, usually on a stage, and usually with ascending row seating or some permanent arrangement of seating.
(Ord. 2477 § 2, 2016)
(a) 
Unless exempt pursuant to Section 11.01.040, it is unlawful for any person to provide or permit any entertainment that is open to the public, or advertised to the public, or occurs in a public place 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, other provisions of the municipal 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 local, state or federal law or regulation.
(Ord. 2477 § 2, 2016)
The following types of entertainment and events are exempt from the permit required by this chapter. An exemption does not relieve any person or entertainment establishment from complying with all other applicable laws, including, but not limited to, those pertaining to noise levels and nuisances contained in Chapter 23 and Chapter 24 of this Code.
(a) 
Entertainment sponsored by any agency of the City of Davis, the County of Yolo, any public or private school, including the University of California Davis, or by any other public agency of the State of California. The leasing or subleasing of the agency's real property to an entertainment establishment does not constitute sponsorship of the entertainment by the public agency;
(b) 
Entertainment sponsored by any nonprofit public benefit organization, such as Girl Scouts, Boy Scouts, or Little League, whose primary objective is the sponsoring and development 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 parent or guardian attending as a chaperone, or 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 are present on the premises at the rate of two adults, who are at least twenty-five years of age, for every fifty guests, and
(4) 
The event must conclude by 12:00 midnight and the premises and the adjoining parking lots must be promptly vacated by all the guests.
(c) 
Entertainment lawfully conducted at any city park, plaza, building or recreational facility pursuant to a use agreement or reservation that is approved by the city;
(d) 
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;
(e) 
Entertainment provided for members and their invited 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;
(f) 
Entertainment provided for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge;
(g) 
Parades;
(h) 
Street performers such as musicians, singers or mimes;
(i) 
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 police chief at least seven days before the entertainment occurs;
(j) 
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;
(k) 
Entertainment in theaters where no alcohol is allowed or provided;
(l) 
Dance lessons, theatrical and performing arts lessons and student recitals;
(m) 
Book readings, book signings, poetry recitations, and any other similar entertainment consisting of the spoken word, including plays;
(n) 
Fundraisers for a political cause;
(o) 
Entertainment consisting of ambient or incidental music provided for guests or patrons by musicians such as a piano player, harpist, strolling violinist, mariachi band, or guitarist, if a sound amplifier is not utilized during the musical presentation and no admission charge is required to observe or attend;
(p) 
Entertainment conducted in any hotel or motel having in excess of one hundred rentable rooms or suites;
(q) 
Entertainment lawfully conducted at any of the following regulated businesses:
(1) 
"Bingo," regulated under Chapter 7,
(2) 
"Cardrooms," regulated under Chapter 8A. 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;
(r) 
The normal and customary fitness services provided by an athletic club or fitness center.
(Ord. 2477 § 2, 2016)