§33.1504 Exemption from the Permit Requirement
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;
(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;
(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;
(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.)
