Agenda Item Wording:
title
Entertainment Ordinance discussion - Receive and review draft entertainment ordinance and the draft entertainment permit application and provide staff with direction on changes to these documents, and direction on initiating potential Municipal Code updates to Visalia Municipal Code Chapter 17 Zoning.
body
Agenda Date: 8/17/2026
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 that City Council receive the staff report and presentation on the draft Entertainment Ordinance, the draft entertainment permit application, and provide staff with any input or desired changes to these documents and provide direction on whether to proceed with the ordinance and related material for adoption at a future meeting.
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 and the standard operating and security conditions applied to these types of requests.
At the 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 and type of entertainment provided. Staff also discussed 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.
Live Entertainment Outreach
Similar to other new draft ordinance considerations, staff conducted public outreach to several businesses and others that host and/or inquired about the possibilities of hosting live entertainment within their commercial establishments for their input. Staff conducted individual meetings with current conditional use permit holders for live entertainment and a larger group meeting for business owners who inquired or may potentially want to add live entertainment to their businesses.
The input staff received from business owners regarding the current process was that no business was the same and that more flexibility should be allowed to allow businesses to remain dynamic and relevant. Business owners also felt a tier or hybrid model would be better. For example, smaller or minor events such as karaoke, comedy, instructional dance, and events ending earlier in the evening or daytime, an easier process, such as an administrative approval application, should be allowed. Whereas larger events such as late evening, alcohol use, and DJs, should require discretionary approval, like the existing Conditional Use Permit (CUP) process.
Additionally, business owners inquired about templates that could be provided by the City that would provide all required information for an operational statement and security plan, that is required for the CUP submittal. Business owners expressed frustration on not understanding what a “good” or “thorough” statement is and that by providing templates or a questionnaire, it would remove the guesswork on those required documents.
New Draft Entertainment Ordinance - Chapter 17.32.155
The draft Entertainment Ordinance (Attachment “A”) establishes the regulatory framework for entertainment activities within the City of Visalia. The draft ordinance is crafted based on input from Council, public outreach with businesses, and recommendations from staff. Highlights of language included in the Entertainment Ordinance are as follows:
Recommended Revisions to Chapter 17 (Zoning Ordinance)
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”, and “Security Personnel”.
Update to Chapter 17.25 Zone Use Matrix (see Attachment “B”: Current Zone Use Matrix)
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 that following changes to the Zone Use Matrix:
• Removal of the “Live Entertainment” use
• 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)
• Addition of “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)
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 the vibrancy of the City. The type of entitlement will not change, but the line item can be updated to include entertainment as follows:
• Update of “Micro-breweries/micro-wineries (with or without restaurants)” to “Micro-breweries/micro-wineries (with or without restaurants) (with or without entertainment)” in the following zones:
- Conditionally Permitted: C-N (Neighborhood Commercial)
- Permitted by Right: C-R (Regional Commercial)
- Conditionally Permitted: C-S (Service Commercial)
- Conditionally Permitted: C-MU (Mixed Use Commercial)
- D-MU (Downtown Mixed Use)
- Conditionally Permitted: BRP (Business Research Park)
- Conditionally Permitted: I-L (Light Industrial)
- Conditionally Permitted: 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, 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 business owners, staff drafted a proposed Entertainment Permit Application (Attachment “C”) that acts as a template for required information. 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 application 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. In addition to a complete Entertainment Permit, applicants also will have to submit a site plan, floor plan, description of entertainment activities and a security plan. These required documents provide context for staff and support the information provided by the applicant in the application.
Upon receipt of the completed application and required documents, the application will be reviewed by the Planning and Community Preservation Director, or their designee, as well as with other departments, including police, fire, and building. 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 service, violations of the municipal code, compliance with land use entitlements, or violations from the Department of Alcoholic Beverage Control (ABC).
Staff recommends this type of administrative permit for entertainment occurring prior to 10:00 P.M. as it allows business owners to be dynamic and flexible in the type of entertainment they provide to their customers.
Examples of the type of uses that are applicable for an Entertainment Permit are:
- Karaoke and DJ hosts ending at 9:00 P.M.
- Comedy Night with multiple performers ending at 10:00 P.M.
- Line Dancing and 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) playing 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 (CUP). Each request will be reviewed on a project-by-project basis. The current CUP process provides a project-specific review tailored to each establishment 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 live entertainment CUPs if the business fails to comply with their conditions.
Examples of the type of uses applicable to a CUP are:
- Karaoke hosted with a DJ on Wednesdays and Fridays ending at 11:00 P.M.
- Line Dancing and Salsa Dancing classes ending at 7:00 P.M. with music and dancing continuing till 12:30 A.M.
- Comedy Night with multiple performers ending at 12:00 A.M.
- DJ ending at 2:00 A.M.
- Live bands (varying in size from one to six people) playing amplified music ending at 11:30 P.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), Type, manner and hours of operation (#3), Noise (#6), Occupancy (#7), Security plan (#8), and Windows (#11).
For security, staff deemed it appropriate to include baseline conditions that will be applied to the Entertainment Permit. These security conditions include adequate security staffing per the submitted security plan that will be reviewed by the Visalia Police Department (VPD). In addition, with consultation with VPD, it was determined that for all entertainment allowed per the Entertainment Permit, as a minimum, security at establishments shall be one security guard for every fifty (50) patrons. For the first fifty patrons, security may be provided by the employees of the business, subject to VPD 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 50. This means that for a small event with 50 people or less, one security guard, who may be an employee of the establishment, is sufficient. As soon as the number of patrons increases to over 50, a second security guard must be brought in and this second security guard must be licensed through BSIS. However, as stated in the condition, the number of security personnel may potentially be increased based on police review. Furthermore, the attire of security personnel shall clearly indicate the guard’s affiliation by having “SECURITY” displayed on a shirt in large letters or other clearly-visible form of identification. This type of uniform can be a t-shirt, polo, or other similar style as long as it is identifiable to both the public and emergency personnel.
With the exception of the Time Restriction baseline condition, all other baseline conditions listed in the ordinance will be applied to CUPs for Entertainment. The Planning Commission, at their discretion, in consultation with other departments, may require additional conditions of approval of a CUP for entertainment based on the specific location and operational characteristics of the business.
Uses not requiring an Entertainment Permit or a CUP for Entertainment
With the updated definitions there are other types of music 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 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:
- A three-piece mariachi group walking around the inside of a restaurant without amplification prior to 10:00 P.M.
- A solo singer with a guitar performing without amplification at a coffee shop or café prior to 10:00 P.M.
- An open stage event with multiple small music groups performing without amplification at a brewery prior to 10:00 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 through installed speakers at a restaurant, to provide ambience and not heard from the exterior.
- Music played from a phone in the interior of a brewery and played to provide ambience and not entertainment.
- Music played from a jukebox inside a business to provide ambience and not entertainment.
Entertainment Permits Non-transferable
Per the new draft 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 deemed to constitute a voluntary surrender of such permit and such permit shall 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 switch or the business was to be sold, the CUP for entertainment can be utilized by the new owners as along 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.
Fees
The fee for the Entertainment Permit will be the same fee of Temporary Conditional Use Permit (TCUP) - To Planning Commission fee. The current fee for this fiscal year for this is $588.00. Staff finds this fee appropriate. 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. the Entertainment Permit has required findings that must be made 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.
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 Establishments
The Entertainment Permit is an administrative approval that existing CUP holders may apply for to compliment 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 only 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 be 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. - 12:00 p.m., they can do so through the Entertainment Permit. The Entertainment Permit allows entertainment till 10:00 p.m.
Next Steps:
Based on direction received, staff will work on drafting updates to the Zoning ordinance which will be presented to both the Planning Commission and the Council at a future meeting.
Fiscal Impact:
None
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 direct staff to begin drafting revisions to Chapter 17 Zoning, based on the information provided in the staff report, and direction provided during the work session presentation.
end
Environmental Assessment Status: No environmental assessment required at this time. The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by staff.
CEQA Review: The requested action is not a “project” under CEQA.
Attachments:
Attachment “A” - Proposed Entertainment Ordinance Chapter 17.32.155
Attachment “B” - Zone Use Matrix Chapter 17.25
Attachment “C” - Draft Entertainment Permit Application
Attachment “D” - PowerPoint Presentation
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply.
|
☐ Economic Vitality |
☒  Organizational Excellence |
☐ Fiscal Strength |
☐  Infrastructure & Growth |
☐  Quality of Life |