1. Hours of Performance: Live Entertainment shall be allowed in restaurants (Eating and Drinking Establishments as defined in the Zoning Ordinance) every day from 5 p.m. to 11pm. The music can be performed either inside or outside the restaurant building, but the performers and their equipment must be located on the restaurant property only. Businesses which have prior approval through a valid Conditional Use Permit to have Live Entertainment shall continue to be governed by the requirements of the Conditional Use Permit, rather than this SAP.
  1. Noise Limitations: The noise volume of the music performance shall be controlled so that it does not become an annoyance for other nearby businesses or residential uses. Pursuant to Municipal Code Sec. 4-6.103, music shall not be plainly audible from a distance of more than 50’ (fifty feet) from the source of the music.
  1. Complaints: If the Planning Manager or Walnut Creek Downtown receives noise complaints about Live Entertainment that is allowed pursuant to this SAP, the Planning Manager shall have the ability to withdraw approval for further Live Entertainment at that business location for the remainder of the SAP period.
  1. Number of Venues: The number of restaurants that shall be allowed to provide Live Entertainment through this SAP is limited to 18 on any single night. The determination as to which restaurants are authorized to provide Live Entertainment on a specific evening shall be made by the Walnut Creek Downtown (WCD), which is the applicant and holder of this Seasonal Activity Permit. The DBA shall notify the Planning Manager which restaurants intend to provide Live Entertainment under the provisions of the SAP.
  1. Indemnity and Hold Harmless: Walnut Creek Downtown will indemnify, hold harmless and assume defense of, in any claims or actions of law or in equity, the City of Walnut Creek, its officers, employees, agents, officials and volunteers from all claims, losses, damages, including property damages, personal injury, including death, and liability of every kind, nature and description arising out of the issuance and performance of this SAP.      

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