Agenda Item Wording:
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Ordinance adoption - Public Hearing and first reading of Ordinance No. 2026-15 to adopt Zone Text Amendment No. 2026-02, a request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.04 Definitions, Chapter 17.25 Zone Use Matrix, Chapter 17.32 Special Provisions based on the adoption of an Entertainment Ordinance, within the City of Visalia.
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Agenda Date: 11/02/2026
Prepared by:
Colleen A. Moreno, Associate Planner, (559)713-4031, colleen.moreno@visalia.gov
Paul Bernal, Planning and Community Preservation Director, (559)713-4025, paul.bernal@visalia.gov
Department Recommendation:
Staff recommends the City Council hold a public hearing and introduce the first reading of Ordinance No. 2026-15 for Zone Text Amendment No. 2026-02 to amend the following Municipal Code Chapters, Chapters 17.04 Definitions, Chapter 17.25 Zone Use Matrix, and Chapter 17.32 Special Provisions based on the revisions to the entertainment ordinance.
Summary:
In December 2025, the Planning Division provided the City Council with an overview of how the City of Visalia processes live entertainment requests for businesses seeking to host live entertainment within their establishments. At the City Council work session, staff discussed a possible “hybrid” model, that would allow for an administrative approval process for certain entertainment requests that meet certain criteria, such as operating hours of the entertainment to be provided and redefining the current Live Entertainment definition to provide a clearer understanding of what live entertainment is and to also provide a pathway for administrative approvals and discretionary approvals.
In August 2026, the Planning Division proposed to City Council an updated Entertainment Ordinance, changes to the Zone Use Matrix and an Entertainment Permit application to facilitate an administrative process for entertainment ending at 10:00 P.M.
Background Discussion:
New Draft Entertainment Ordinance 17.32.155
The draft Entertainment Ordinance (Exhibit “A”) establishes the regulatory framework for entertainment activities within legal commercial establishments within the City of Visalia. The draft ordinance is crafted based on input from Council, public comment from work session meetings, outreach with businesses, and recommendations from the Planning Commission and staff. Highlights of language included in the Entertainment Ordinance are as follows:
Definitions
Staff’s review of the current definitions contained in Chapter 17 has noted that the live entertainment definition can be updated based on staff’s analysis of other municipalities ordinances and that additional definitions can be added to help clarify the different types of entertainment uses that may occur. This allows transparency and clear communication from the City to its residents.
Staff suggest that the current live entertainment definition be redefined as “Entertainment” to allow flexibility in the types of entertainment that may be provided by businesses. Additionally, providing definitions to other terms consistently used by the City creates a clearer understanding and assists in creating a pathway for administrative and discretionary approvals. Those additional definitions include but are not limited to, defining “Acoustical Music,” “Ambient Music”, “Private Club” and “Security Personnel”.
Update to Chapter 17.25 Zone Use Matrix (see Exhibit “B”)
Currently the Zone Use Matrix uses the current definition of “Live Entertainment” as conditionally permitted within the following zones:
- C-R (Regional Commercial)
- C-MU (Mixed Use Commercial)
- D-MU (Downtown Mixed Use)
All other zones, Live Entertainment is not permitted.
Staff recommends the following changes to the Zone Use Matrix:
• Addition of “Entertainment” category
• Update of the “Live Entertainment” (line E8) to “Entertainment as an ancillary use” with the addition of:
- “Entertainment till 10:00 P.M.” permitted by-right in the following zones:
§ C-R (Regional Commercial)
§ C-MU (Mixed Use Commercial)
§ D-MU (Downtown Mixed Use)
- “Entertainment past 10:00 P.M.” conditionally permitted in the following zones:
§ C-R (Regional Commercial)
§ C-MU (Mixed Use Commercial)
§ D-MU (Downtown Mixed Use)
These updates to the Zone Use Matrix create consistency and transparency in how entertainment use is applied to establishments by the Planning Division. Live entertainment has always been permitted as an ancillary use to any legal commercial establishment (within the permitted zones), and this is remaining. The update to the Zone Use Matrix now removes that ambiguity and provides clarity; whereas before “Live Entertainment” was listed as an individual line item under the “Eating and Drinking Establishments” category of the Zone Use Matrix which can be interpreted as entertainment only being allowed within an eating and drinking establishment.
Staff also recommends that the current “Micro-breweries/micro-wineries (with or without restaurants)” (line E3 in 17.25 Zone Use Matrix) be updated to include language allowing entertainment. Currently micro-breweries and micro-wineries are conditionally permitted in zones that “Live Entertainment” is not permitted in, such as the C-S and I-L zone. For example, based on the current Zone Use Matrix, a micro-brewery located in a C-S zone, can conditionally operate through a CUP, but cannot add live entertainment to their CUP as live entertainment is not permitted within the C-S zone.
Staff deems it appropriate to expand the allowance of entertainment within micro-breweries/micro-wineries based on business owner inquiries and feedback that entertainment activities support the business and also add to the vibrancy of the City. The type of entitlement will not change, but the line item can be updated to include entertainment as follows:
• Addition of “With Entertainment before 10:00 P.M. in conjunction with a permitted micro-brewery/winery” permitted by-right in the following zones:
- C-N (Neighborhood Commercial)
- C-R (Regional Commercial)
- C-S (Service Commercial)
- C-MU (Mixed Use Commercial)
- D-MU (Downtown Mixed Use)
- BRP (Business Research Park)
- I-L (Light Industrial)
- I (Industrial)
• Addition of “With Entertainment after 10:00 P.M. in conjunction with a permitted micro-brewery/winery as conditionally permitted within the following zones:
- C-N (Neighborhood Commercial)
- C-R (Regional Commercial)
- C-S (Service Commercial)
- C-MU (Mixed Use Commercial)
- D-MU (Downtown Mixed Use)
- BRP (Business Research Park)
- I-L (Light Industrial)
- I (Industrial)
No types of standalone entertainment shall be permitted within the following zones, which remains as the status quo:
- C-N (Neighborhood Commercial)
- C-S (Service Commercial)
- O-PA (Professional/Administrative Office)
- O-C (Office Conversion)
- BRP (Business Research Park)
- I-L (Light Industrial)
- I (Industrial)
Entertainment Permit - Entertainment occurring prior to 10:00 P.M.
Based on City Council direction, public comment, outreach with business owners and staff’s recommendation, a “hybrid” model of an ordinance is proposed to allow for an administrative approval process for entertainment that occurs prior to 10:00 P.M. and a discretionary approval, through a Conditional Use Permit (CUP) for entertainment that occurs past 10:00 P.M. In addition, standard conditions will be established and applied to both the Entertainment Permit (administrative approval) and the CUP for entertainment (discretionary approval). However, through the CUP review, additional conditions can be applied based on staff’s analysis and review of the entertainment proposal.
Based on feedback from public comment and business owners, staff drafted a proposed Entertainment Permit Application (Exhibit “C”) that acts as a template for required information. Applicants will still need to provide a separate Site Plan, Floor Plan, Security Statement and Operational Statement; however, the application provides information on what should be included in those required documents. Business owners stated frustration and confusion in not knowing what information was needed and not being able to provide enough information to staff for the current process. The Entertainment Permit is comprehensive in the information requested and like other Planning applications, also requires a notarized Agency Authorization allowing the business owner to operate this type of use on the property if they are not the property owners.
Upon receipt of the completed application and required documents, the application will be reviewed by the Planning & Community Director, or their designee, as well as the Police, Fire, Building and Code Enforcement Departments/Division. The review for the application will be 30 days. Additional requirements will be reviewed and investigated by the City including that the site is in good standing in regards for calls for services, violations of the municipal code, life safety, compliance with land use entitlements, or violations from the Department of Alcoholic Beverage Control (ABC).
Examples of the types of uses that are applicable for an Entertainment Permit are:
- Karaoke hosted with a DJ hosts ending at 9:00 P.M.
- Comedy Night with multiple performers ending at 10:00 P.M.
- Line Dancing and/or Salsa Dancing classes ending at 7:00 P.M. with music and dancing continuing till 9:30 P.M.
- Bands ranging in size (one to six people) performing with amplified music ending at 8:00 P.M.
- Vinyl Record Swap on Sundays with a DJ from 11:00 A.M. to 5:00 P.M.
- An Open Mic at a wine shop ending at 8:30 P.M.
- Bingo or Trivia with amplification playing music and a host starting at 9:00 A.M.
Conditional Use Permit - Entertainment occurring past 10:00 P.M.
Per the new ordinance, Entertainment that occurs or ends after 10:00 P.M. will be approved via the existing discretionary approval process of a Conditional Use Permit. Each request will be reviewed on a project-by-project basis. The current CUP process provides a project-specific review tailored to each assignment which provides staff with the ability to impose case-by-case operating conditions. As with all CUPs, the City may initiate the process to revoke or modify entertainment CUPs if the business fails to comply with their conditions.
Examples of the types of uses that are applicable for a CUP are:
- Karaoke hosted with a DJ ending at 11:00 P.M.
- Comedy Night with multiple performers ending at 12:00 A.M.
- Line Dancing and/or Salsa Dancing classes ending at 7:00 P.M. with music and dancing continuing till 12:30 A.M.
- Bands ranging in size (one to six people) performing with amplified music ending at 11:30 P.M.
- DJ ending at 2:00 A.M.
Baseline Conditions
Based on the proposed draft ordinance, baseline conditions have been included that will be applied to Entertainment Permits. These baseline conditions include, but are not limited to, standards pertaining to Time Restrictions (#2), Outdoor Entertainment (#3), Type, manner and hours of operation (#4), Noise (#6), Occupancy (#7), Security Plan (#8), Queuing (#11) and Windows (#13).
For security, staff deemed it appropriate to include baseline conditions that will be applied to the Entertainment permit. These security conditions include minimum security staffing and standard ratios based on collaboration with the Visalia Police Department. It was determined that for all entertainment allowed per the Entertainment Permit, a minimum of one security guard for every fifty (50) patrons would be required. For events with fifty (50) or less patrons, it was deemed sufficient that security may be provided by the employees of the business and may be unlicensed, subject to Visalia Police Department approval. This allows for smaller scale events to be held without the need for a licensed security guard. However, there shall be one additional licensed security guard for each subsequent increment of fifty (50). This means that for a small event with 50 people or less, one security guard, who may be an employee of the establishment and also unlicensed is sufficient. As soon as the number of patrons increase to over fifty (50), a second security guard must be brought in and this second security guard must be licensed through BSIS. These are the minimum requirements for security staffing and the Police Department and/or Code Enforcement can require an increase of security personnel as stated in the condition.
Uses not requiring an Entertainment Permit or a CUP for Entertainment
With the updated definitions there are other types of entertainment that can be performed that will not require any type of permit. Those uses are defined as “acoustical music” and “ambient music.” Uses that are considered either acoustical or ambient and will operate prior to 10:00 P.M. do not require any type of permit and are able to operate at a site without notifying the City. Examples of “acoustical music” are as follows:
- Three-piece mariachi group walking around the inside of a restaurant without amplification prior to 10:00 P.M.
- Solo singer with a guitar performing without amplification at a coffee shop from 11:00 A.M. to 2:00 P.M.
- An open stage event with multiple small groups performing without amplification at a brewery till 8:00 P.M.
- A violinist performing at a wine shop without amplification prior to 10:00 P.M.
Examples of “ambient music” are as follows:
- Music played from a laptop/phone through installed speakers at a restaurant/brewery/winer shop, to provide ambience and not heard from the exterior
- Music played from a jukebox inside a business to provide ambience and not entertainment.
Entertainment Permits Non-transferable
Per the new ordinance, no Entertainment Permit may be sold, transferred or assigned by a permittee to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment shall be considered a voluntary surrender of the Entertainment Permit, and the permit will thereafter be null and void.
This is different than a CUP, as the CUP runs with the land and if the business owners were to changer, move, or the business was to be sold, the CUP for entertainment can be utilized by the new owners as long as the use (entertainment) has not been discontinued for a period of one hundred and eighty (180) days. Staff deems this requirement appropriate because the Entertainment Permit is an administrative approval that does not require Planning Commission review and can be applied through an expedited process as opposed to the CUP.
Changes to an approved Entertainment Permit
An approved Entertainment Permit does not require annual renewal or annual fees unless substantial changes to the type, manner, frequency, dates, and times of Entertainment permitted by the permit are made. If changes are made the permittee must submit the proposed changes to the Planning Division prior to making the changes. The Planning Division will review the proposed changes in relation to the existing security statement and surrounding land use and will determine if an amendment to the Entertainment Permit is required. An amendment to the Entertainment Permit shall be processed in the same manner as a new Entertainment Permit.
Fees
The fee for an Entertainment Permit will be the same fee of a “Temporary Conditional Use Permit (TCUP) - to Planning Commission” fee. The current fee for this fiscal year for this type of permit is $588.00. Though the Entertainment Permit is administrative, it will still require significant review and approval from various departments such as Planning, Police, Code Enforcement, Building and Fire. Additionally, research will have to be conducted such as Business Tax history and standing, ABC license information, etc. in order to ensure that the Entertainment Permit required findings are met to approve the permit. This is not a simple over the counter transaction, that only requires a signature, but a review that requires conformance, compatibility, and safety with the City’s Municipal Code. Based on this, staff finds the fee appropriate for the permit.
Appeals
With the administrative approval for the Entertainment Permit, the administrative decision may be appealed to the Planning Commission. The deadline for an appeal to be made is ten (10) days after the written notice of the decision by the City is provided to the applicant. Planning Commission decisions may be appealed to the City Council pursuant to the procedures established in the ordinance.
Existing CUPs for Entertainment
The Entertainment Permit is an administrative approval that existing CUP holders may apply for to complement their existing CUP for entertainment. The Entertainment Permit is an administrative level approval that is more restrictive in terms of hours of entertainment, but also more flexible in the types of entertainment to be offered at the establishment, subject to the conditions detailed in the permit. For example, a business owner who currently has a CUP that allows amplified bands on Fridays and Saturdays till 1:00 A.M. can apply for an Entertainment Permit to include a DJ on Thursdays, Fridays and Saturdays till 10:00 P.M. If the business owner wants to increase the hours of the DJ till after 10:00 P.M., an amendment to their existing CUP will required. If this same business owner wants to include an acoustical guitarist to play during dinner service Monday through Wednesday from 5:00 P.M. to 9:00 P.M. they can do so without an amendment to the CUP and without the need of an Entertainment Permit. If this business owner wants to include karaoke and bingo on Sundays from 10:00 A.M. to 12:00 P.M. they can do so through the Entertainment Permit. The Entertainment Permit allows entertainment till 10:00 P.M.
Fiscal impact including annual maintenance and operating costs:
No fiscal impact.
Other:
At the October 26, 2026, Planning Commission meeting, staff presented the item as described in this report to Commission. After receiving the staff presentation and receiving no public comments regarding the project, several Planning Commissioners stated their support for the project based on the project’s consistency with the goals, objectives, and policies of the City’s General Plan. The Planning Commission recommended approval of the Zone Text Amendment to the City Council by a 4-0 vote.
Prior Council Action:
Council directed staff to draft an Entertainment Ordinance with a “hybrid” model.
Alternatives:
The City Council may, in lieu of the recommended motion, direct staff to not process any amendments to Visalia Municipal Code Chapter 17.32.155.
Recommended Motion (and alternative motions if expected):
recommendation
I move to introduce Ordinance No. 2026-15 for first reading, amending Title 17 of the Visalia Municipal Code to reflect revisions to the Entertainment Ordinance.
Environmental Assessment Status:
The requested action would be considered exempt under Section 15061(b)(3). Per Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject the CEQA.
California Environmental Quality Act (CEQA) Review:
The requested action would be considered exempt under Section 15061(b)(3). Per Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA).
Deadline for Action: 11/02/2026
Attachments:
Exhibit “A” - Proposed Entertainment Ordinance No. 2026-15 amending Chapter 17.04 Definitions, Chapter 17.25 Zone Use Matrix, and Chapter 17.32 Special Provisions
Exhibit “B” - Edits to Zone Use Matrix 17.25
Exhibit “C” - Draft Entertainment Permit Application
Exhibit “D” - Planning Commission Staff Report
Exhibit “E” - PowerPoint Presentation
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Select all that apply.
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