To get an entertainment license, apply through your city or county licensing office: identify the right local authority, confirm your location is zoned for entertainment, assemble documentation about your venue and planned activities, submit the application with the required fee, and pass the inspections that follow. Entertainment licensing happens at the municipal level almost everywhere, so the exact office, fee, and paperwork depend on where you are, but the sequence is consistent. Build in weeks to months of lead time before your opening or event date.
One thing to clear up at the start: a local entertainment license is not the same as the federal music licenses you’ll also need if copyrighted music will be played at your venue. Both matter, and they’re covered separately below.
Find the Right Local Office
Entertainment licenses are issued by city or county governments, not the federal government. The responsible office varies by jurisdiction: it might be the city clerk, a dedicated licensing commission, a police commission, or a business licensing department. Search your city or county government website for “entertainment license” or “entertainment permit,” or call the main municipal line and ask to be directed.
If your venue will serve alcohol, your state’s liquor control board will have its own licensing track running parallel to the local entertainment permit. These are separate applications with separate fees and timelines, and you’ll typically need both before you can legally open.
Confirm You Actually Need One
Entertainment licenses cover a wide range of public-amusement activities. Live music, DJ performances, theatrical productions, comedy shows, dance events, and karaoke are the most common triggers. Nightclubs, bars with entertainment, and concert venues almost always need one. Outdoor festivals, carnivals, and public dances typically require their own event permits even when the host venue already holds a standing license.
The trigger isn’t always obvious. Some jurisdictions require a license for any venue with a dance floor, regardless of whether live performers are involved. Others focus on whether you charge admission, whether the entertainment is amplified, or whether your venue exceeds a certain capacity. Arcade games, billiard tables, and other amusement devices can fall under entertainment licensing in some areas too.
A few narrow exemptions exist. Private events in private residences are generally outside the scope because there is no public access. Federal copyright law exempts live or recorded music performed during worship services at a place of worship, though that only covers the service itself; a fundraiser concert or coffee-shop background music at the same church needs the usual licenses. Some jurisdictions also exempt a single acoustic performer in a restaurant or background music through standard home-type equipment. Confirm the specifics in your local code before relying on any of these.
Assemble Your Documentation
Entertainment license applications require a substantial package. Exact requirements differ by jurisdiction, but expect to put together:
- Business information: legal entity type (LLC, corporation, sole proprietorship), ownership details, trade name registration, and any existing business license numbers.
- Property documentation: proof of ownership or a copy of your lease, plus confirmation that the property is zoned for entertainment use.
- Floor plans and site plans: scaled drawings showing the layout, the designated entertainment area, seating, entrances, and exits.
- Safety documentation: fire safety measures, emergency evacuation plans, and the occupancy limit as set by the fire marshal.
- Insurance: proof of general liability coverage and workers’ compensation if you have employees. Some jurisdictions set minimum coverage amounts for entertainment venues.
- Related permits: copies of your liquor license (if serving alcohol), health department permits (if serving food), and any sign or noise permits already obtained.
Check Zoning Before You Sign a Lease
Zoning compliance is where many applications stall. Entertainment venues often face distance-separation requirements, meaning your location must sit a minimum distance from schools, churches, residential areas, or other entertainment establishments. These setbacks vary widely. Confirm with your local zoning or planning department that the site is eligible before you sign a lease or buy. Discovering a zoning conflict after buildout is an expensive mistake, and zoning boards rarely waive it.
Background Checks
Many jurisdictions require applicants, and sometimes key employees, to undergo criminal background checks as part of the process. This usually means submitting fingerprints that are run through state and FBI databases to screen for convictions related to the type of business being licensed. There’s a separate processing fee, and results can take days to weeks, so build that into your timeline.
Submit the Application and Pay the Fee
Once your documentation is assembled, submit the application to the licensing authority. Most jurisdictions now accept or prefer online submissions through their municipal portal, though in-person and mail options usually remain available.
Fees vary widely. A simple permit for background music or a single performer can start under $100, while licenses for large-capacity nightclubs or multi-day events run into the thousands. Payment is typically by credit card, check, or money order. Some jurisdictions also charge separately for publishing a public notice of your application in a local newspaper, which adds to the upfront cost.
Keep copies of everything you submit. If questions come up during review, being able to reference your original submission saves time and keeps conflicting information out of the file.
Review, Inspections, and Possible Hearings
After submission, the application goes through a multi-department review. Police, fire, health, and building departments each evaluate from their own angle. Site inspections are standard. An inspector will visit your premises to verify that what you described on paper matches reality. Failed inspections are one of the most common causes of delay, and the clock on your application typically pauses until deficiencies are corrected and re-inspected.
Some jurisdictions require a public hearing before a licensing commission or city council, especially for new venues or locations that have drawn neighborhood concern. You present your plan, and residents or nearby business owners may voice support or objection. These hearings are more common for permanent venues than for one-time event permits.
Straightforward applications can clear in a few weeks. Complex or contested ones take months. If the licensing authority asks for additional information, respond fast; unanswered requests are the single biggest cause of avoidable delay.
Conditions That Come With Approval
Approval rarely means unlimited permission. Entertainment licenses almost always carry conditions on how, when, and at what volume you operate. Expect limits on operating hours (often with earlier cutoffs on weeknights), maximum decibel levels measured at the property line or a set distance from the building, capacity caps based on fire-safety calculations, and, for larger venues, a minimum number of licensed security personnel during entertainment hours. Some jurisdictions require proof of acoustic treatment before issuing the license, especially near residential areas.
Violations are treated seriously. Repeat violations can lead to fines, suspension, or revocation. Keep a copy of your license and its conditions posted at the venue; most jurisdictions require it anyway.
If Your Application Is Denied
A denial isn’t necessarily the end. Most jurisdictions provide a formal appeal process, typically allowing you to request a hearing before a zoning board, licensing commission, or similar body within a set number of days after the denial. At the hearing, you can present evidence addressing the stated reasons: corrected safety deficiencies, new soundproofing measures, or community support.
Read the denial letter carefully before deciding how to respond. Sometimes the fastest path forward is simply fixing the identified deficiency and reapplying rather than fighting the denial.
Music Licensing Is a Separate Obligation
Here is where many new venue operators get blindsided: a local entertainment license does not give you the right to play copyrighted music. That requires a separate public performance license from the organizations that represent songwriters and composers, primarily ASCAP, BMI, and SESAC. Any business that plays music audible to the public, whether live, from a streaming service, or through a DJ, needs these licenses.
ASCAP alone has over 100 rate schedules covering bars, restaurants, nightclubs, fitness clubs, retail stores, hotels, and event venues.1ASCAP. ASCAP Music Licensing FAQs Annual fees depend on occupancy, the type of music (live versus recorded), and how often entertainment occurs. A small venue should expect to pay several hundred dollars per year to each organization. Larger venues with live music multiple nights a week pay significantly more.
The consequences of skipping music licensing are steep. Federal copyright law allows statutory damages of $750 to $30,000 per work infringed, and willful infringement raises that ceiling to $150,000 per work.2Office of the Law Revision Counsel. 17 USC 504 – Remedies for Infringement: Damages and Profits Performing rights organizations actively send investigators to unlicensed venues and sue.
The Small-Business Exemption
Federal law carves out a narrow exemption for small businesses that play radio or television broadcasts through ordinary equipment. A food service or drinking establishment under 3,750 gross square feet (excluding parking areas) can play radio or TV transmissions without a public performance license. Other types of businesses get the same exemption under 2,000 gross square feet.3Office of the Law Revision Counsel. 17 USC 110 – Limitations on Exclusive Rights: Exemption of Certain Performances and Displays
Larger establishments can still qualify if they limit equipment: no more than six loudspeakers total (with no more than four in any single room), and if using screens, no more than four TVs with none exceeding 55 inches diagonally.3Office of the Law Revision Counsel. 17 USC 110 – Limitations on Exclusive Rights: Exemption of Certain Performances and Displays The exemption only covers radio and TV broadcasts received on standard equipment. It does not cover streaming services, downloaded playlists, CDs, live performers, or DJ sets. Most venues with active entertainment programming won’t qualify.
Renewal, Transfers, and Changes
Entertainment licenses are not permanent. Most are valid for one year and require annual renewal, though some jurisdictions use different cycles. Renewal is generally simpler than the original application, but still requires updated insurance certificates, current floor plans if anything has changed, and the renewal fee. Submit 30 to 60 days before expiration to avoid gaps or late fees.
Entertainment licenses are generally not transferable. If you sell your business, the new owner has to apply from scratch. The same goes if you move to a new location, since the license is tied to both the operator and the specific premises. Factor this into any sale negotiation; the buyer’s ability to obtain a license is not guaranteed and can delay closing.
During the license period, stay current with any changes that could affect compliance. Adding an entertainment area, increasing capacity, changing hours, or switching from recorded music to live performances may require an amendment or a new application. When in doubt, call your licensing office before making the change rather than after receiving a violation notice.