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For purposes of this Chapter 57, the following terms shall have the following meanings:
“City” means the City and County of San Francisco.
“Commission” means the Film Commission of the City and County of San Francisco.
“Film” means feature motion pictures, video tapes, television programs, commercials, still photography, documentaries, travelogues, music videos, web videos, web series, and other visual art forms; provided however, that “film” shall not mean films or video tapes for private-family use or films by any news service or similar entity engaged in on-the-spot print media, publishing, or broadcasting, of breaking news events 1
on-going coverage of such events as they occur.
“Film company” means any individual, corporation, firm, partnership, or other organization however organized engaged in film production.
“Film production” means the activity of making a film for commercial or noncommercial property where that activity (1) requires the use of City employees or equipment or (2) interferes with the ordinary use, safety, and enjoyment of public right-of-ways or other property under the jurisdiction of the City.
“Season” means the initial exhibition of a set of interrelated new episodes within a 12-month period.
CODIFICATION NOTE
(a) Establishment of Commission. A Film Commission for the City and County of San Francisco (referred to hereafter in this Chapter as "Commission") is hereby created consisting of eleven (11) members.
(b) Appointment of Commissioners; Qualifications. The members of the Commission shall be appointed by and serve at the pleasure of the Mayor. At least six members of the Commission shall be residents of the City and County of San Francisco. The Commission shall be composed of outstanding members of the community. The membership of the Commission may include members who have experience in areas such as: Performing and Creative Arts, Production, Film or Sound Technology, Services and Facilities, Education, Presentation and Producing, Interactive Multimedia, and shall be broadly representative of ethnic, racial, gender, age and sexual orientation groups, and shall otherwise reflect the diversity of the City and County. The President of the Art Commission of the City and County shall be invited to serve as a nonvoting, ex-officio member of the Film Commission.
(c) Term of Office. Commissioners shall be appointed for a term of office of four years, except that vacancies occurring during a term shall be filled for the unexpired term.
(d) Compensation. Members of the Commission shall not be compensated for their service as members of the Commission. On a majority vote of the Commission, Commissioners may be reimbursed for expenses incurred resulting from their authorized activities on behalf of the Commission.
(e) Selection of Chair. The Commission shall, annually, select a Chair who shall serve for a term of one year. The Commission may reappoint a Chair to serve additional terms. In addition to any other authority vested in or duly charged to him or her, the Chair of the Commission shall have the duty and authority to call meetings of the Commission and to maintain liaison with the Arts Commission from the perspective of film arts.
(f) Executive Director. The Executive Director shall act as the department head and appointing officer of Commission employees pursuant to Charter Section 4.126. The Executive Director shall supervise the Commission’s staff, and shall have other duties and responsibilities as provided in this Chapter. The Mayor shall appoint the Executive Director as provided in Charter Sections 3.100(19) and 4.102(5). The Commission may remove the Executive Director as provided in Charter Section 4.102(6).
(Added by Ord. 425-89, App. 11/21/89; amended by Ord. 358-91, App. 10/2/91; Ord. 331-00, File No. 001967, App. 12/28/2000; Ord. 169-23, File No. 230651, App. 7/28/2023, Eff. 8/28/2023)
The Commission shall develop, recognize, and promote film activities in the City. The members shall work together to explore and promote long-term goals for film-making as a major emphasis of the City's economic and cultural base, and encourage the recognition of film arts as an art form with widespread economic components. The powers of the Commission shall include, but not be limited to:
(a) Stimulating community awareness of the film art forms;
(b) Promoting long-range investment in projects originating in the San Francisco area, such as scripts, film proposals, treatments, and shorter works;
(c) Promoting awareness of film training and economic opportunities in the schools;
(d) Promoting the San Francisco Bay Area as film destination;
(e) Accepting gifts, devises and bequests as provided in Administrative Code Section 10.100-305;
(f) Maintaining liaison with other specific interest groups, councils, organizations, and institutions related to the film industry, and the maintenance of liaison with the Art Commission from the perspective of film arts;
(g) Providing perspective for both the Mayor and the Board of Supervisors with respect to long-range promotion, development and planning for a significant film arts base in San Francisco;
(h) Adopting rules and regulations to implement and further the purposes of this Chapter.
(Added by Ord. 425-89, App. 11/21/89; amended by Ord. 358-91, App. 10/2/91; Ord. 331-00, File No. 001967, App. 12/28/2000; Ord. 169-23, File No. 230651, App. 7/28/2023, Eff. 8/28/2023)
In addition to any other authority vested in or duty charged to the Executive Director, the Executive Director shall serve as the sole liaison between film companies and the various City departments. In performing the duties of liaison, the Executive Director shall assist film companies in locating suitable locations and shall coordinate the efforts of the various City departments in connection with film production utilizing City property or employees. The Executive Director shall also be responsible for coordinating any film permits required by the City for film productions. The Executive Director may approve the use of the Film SF logo by third parties for marketing and promotion of Film Commission programs and activities.
(Formerly Sec. 57.8; added by Ord. 464-88, App. 10/12/88; amended by Ord. 425-89, App. 11/21/89; Ord. 358-91, App. 10/2/91; amended and renumbered by Ord. 331-00, File No. 001967, App. 12/28/2000; Ord. 70-06, File No. 060065, App. 4/20/2006; Ord. 169-23, File No. 230651, App. 7/28/2023, Eff. 8/28/2023)
Editor's Note:
Former Sec. 57.4 was repealed by Ord. 331-00.
Former Sec. 57.4 was repealed by Ord. 331-00.
(a) Use Contracts; Deposit of Funds. The Executive Director may enter into use contracts with organizations seeking to engage in film production. The Executive Director shall be the sole City representative authorized to negotiate use contracts. Such contracts shall, at a minimum, provide for the full recovery of costs incurred by the various City departments in providing the use of City employees, equipment, and rental facilities or rental properties. Funds to reimburse City departments for costs incurred by those departments for the deployment of personnel or equipment or use of rental facilities or rental properties shall be paid directly to those departments for deposit subject to the budget and fiscal provisions of the Charter.
(b) Consent of Departments or Mayor. Where film production is to take place on property under the jurisdiction of City departments, the Executive Director's permission to use such property is subject to the consent of the department head or his or her designee or the Mayor or Mayor's designee.
(c) Schedule of Costs. In addition to the reimbursement of City departments for the costs incurred by those departments in deploying personnel or equipment, the Film Commission may, consistent with Charter Section 2.109, charge daily use fees to film companies seeking to engage in film production. The use fees are as follows:
(1) Still photography: $200 a day.
(2) A commercial, corporate media, industrial media, video, or web video: $300 a day.
(3) A television series (each episode), web series (each episode), movie, pilot, short subject, or documentary:
(A) For a production with a budget of less than $100,000: $100 a day.
(B) For a production with a budget of $100,000 to less than $500,000: $300 a day.
(C) For a production with a budget of $500,000 or greater: $500 a day.
Public service announcements, qualifying student productions, and productions created by or for entities that are tax-exempt under section 501(c)(3) of the Internal Revenue Code are exempt from the above-listed use fees. The revenue generated by such use fees shall be deposited in the San Francisco Film Production Fund.
(d) Sidewalk Closures and Sign-Posting. The Film Commission may require that film companies use City personnel or City-approved vendors to post notice of the closure of City streets and sidewalks for film production, and may establish minimum sign-posting requirements. Notwithstanding anything to the contrary in Section 724 of the Public Works Code, the Executive Director may authorize the temporary occupancy of public sidewalks for film production, with the consent of the Department of Public Works, subject to all requirements and conditions of the Department of Public Works and the San Francisco Municipal Transportation Agency. Street closures for film production shall be governed by applicable provisions of the Transportation Code.
(Added by Ord. 464-88, App. 10/12/88; amended by Ord. 425-89, App. 11/21/89; Ord. 358-91, App. 10/2/91; Ord. 287-96, App. 7/12/96; Ord. 331-00, File No. 001967, App. 12/28/2000; Ord. 205-11, File No. 110900, App. 10/11/2011, Eff. 11/10/2011; Ord. 268-13
, File No. 130937, App. 11/27/2013, Eff. 12/27/2013; Ord. 211-14
, File No. 140854, App. 10/15/2014, Eff. 11/14/2014; Ord. 45-17, File No. 161316, App. 2/24/2017, Eff. 3/26/2017; Ord. 244-18, File No. 180518, App. 10/26/2018, Eff. 11/26/2018; Ord. 169-23, File No. 230651, App. 7/28/2023, Eff. 8/28/2023)
(a) Use Contracts. All film companies seeking to engage in film productions shall enter into use contracts with the Executive Director.
(b) Insurance and Indemnification. As a condition of engaging in film productions, concurrently with entering into a use contract with the City for the utilization of City property or employees, film companies shall file with the Executive Director documentation of insurance and indemnification holding the City and County harmless from any liability. The amounts of such insurance and indemnification, and the suitability of the insuring entity, shall be determined by the City's Risk Manager in coordination with the Executive Director and other City departments.
(c) Notification of Filming Activities. If a film company filming under a use contract with the City for the use of City property or employees anticipates that its film production activities will cause a parking or traffic obstruction lasting for four consecutive hours or more, the film company shall, when feasible, at least 72 hours prior to the start of those production activities anticipated to cause a parking or traffic obstruction, provide notice as specified herein to affected residents and businesses of the anticipated parking or traffic obstruction. The 72 hour notice requirement under this subsection (c) shall not apply where prior notice is infeasible due to circumstances beyond the film production company's control or due to other unpredictable circumstances that interfere with the scheduled film production activities as specified in the Film Commission's Notification Guidelines referenced in subsection (d).
(1) The notice shall include the name of the film company; the date(s) and times of filming; a general description of the production activities and the anticipated parking or traffic obstruction they will cause; a local contact number for the film company; and contact information for the Film Commission and the Police Department.
(2) The film company may provide the notice through signs, leaflets, telephone calls, door-to-door canvassing, U.S. mail, and/or through the internet or other digital media, provided that any such notice shall be reasonably calculated to inform the affected residents and businesses of the anticipated parking or traffic obstruction.
(3) "Affected residents and businesses" to which the film company shall provide notice are those residents and businesses within 150 feet of the location of the anticipated parking or traffic obstruction.
(4) A "parking or traffic obstruction" triggering the notice requirement is a street closure; a significant delay in the flow of traffic; or any truck or other vehicle, including a trailer, or combination of trucks or other vehicles, occupying more than 3 parking spaces.
The film company may coordinate its notification efforts with those of the Executive Director or the Director's designee, if any. The notice required under this subsection (c) shall be in addition to any notice and signage requirements for film productions provided under City law, including Section 3.4 of the Transportation Code.
(d) Film Commission Notification Guidelines; Report. The Film Commission shall establish film production notification guidelines ("Notification Guidelines") within 30 days of the effective date of this ordinance or as soon thereafter as possible at a regular meeting of the Commission, and may amend such Notification Guidelines from time to time. The Notification Guidelines shall specify the types of unpredictable circumstances encountered at times by film production companies that would reasonably interfere with scheduled film production activities and render the notice under subsection (c) infeasible. The Executive Director of the Film Commission shall submit a copy of the Notification Guidelines to the Board of Supervisors on or before November 28, 2014.
(Added by Ord. 464-88, App. 10/12/88; amended by Ord. 425-89, App. 11/21/89; Ord. 358-91, App. 10/2/91; Ord. 331-00, File No. 001967, App. 12/28/2000; Ord. 211-14
, File No. 140854, App. 10/15/2014, Eff. 11/14/2014)
Sections 57.5 and 57.6 of this Chapter shall not apply to film production occurring in the buildings or on the grounds of the San Francisco War Memorial Performing Arts Center, the Fine Arts Museums, the Asian Art Museum, the San Francisco Convention Facilities, the San Francisco Port Commission, the San Francisco Recreation and Parks Commission, or where inconsistent with State law, the Charter or contractual agreements.
(Formerly Sec. 57.11; added by Ord. 464-88, App. 10/12/88; amended by Ord. 425-89, App. 11/21/89; Ord. 358-91, App. 10/2/91; amended and renumbered by Ord. 331-00, File No. 001967, App. 12/28/2000; Ord. 70-06, File No. 060065, App. 4/20/2006)
(Former Sec. 57.7 repealed by Ord. 331-00)
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