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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)
(a) Purpose. The purpose of the Film Rebate Program is to increase the number of qualified film productions being made in San Francisco, increase the number of City residents employed in the filmmaking industry, and encourage the resulting economic benefits to increased filmmaking in San Francisco.
(b) Definitions. As used in this Section 57.8, the following terms shall have the following meanings:
"Principal photography" means the time period and phase of film production during which the main photography occurs.
"Qualified film production" means a feature-length film, documentary film, docudrama film, television film, television pilot, "reality" program or each episode of a television series or web series, regardless of the medium used to create or convey it, that is created by a film or production company that expends at least 65 percent of the total principal photography days exclusively in the City. "Qualified film production" shall not include:
(1) a news or current affairs program, interview or talk program, instructional film or program, film or program consisting primarily of stock footage, sporting event or sporting program, game show, award ceremony, film or program intended primarily for industrial, corporate or institutional end-users, fundraising film or program, commercials, or music videos; or
(2) a production for which records are required under Title 18 United States Code Section 2257, to be maintained with respect to any performer in such production.
"Qualified low-budget film production" means a feature-length film, documentary film, docudrama film, television film, television pilot, "reality" program or each episode of a television series or web series, regardless of the medium used to create or convey it, that is created by a film or production company that expends at least 55 percent of the total principal photography days exclusively in the City and has a total budget of no more than $3,000,000. "Qualified low-budget film production" shall not include:
(1) a news or current affairs program, interview or talk program, instructional film or program, film or program consisting primarily of stock footage, sporting event or sporting program, game show, award ceremony, film or program intended primarily for industrial, corporate or institutional end-users, fundraising film or program, commercials, or music videos; or
(2) a production for which records are required under Title 18 United States Code Section 2257, to be maintained with respect to any performer in such production.
"Qualified production cost," means the following expenses of a qualified low-budget film production or a qualified film production:
(1) Any taxes, with the exception of hotel or sales taxes, paid to the City, or any of its constituent departments, the proceeds of which are placed in the general fund;
(2) Any moneys paid to the City, or any of its constituent departments, for the use of City property, equipment, or employees other than police services as described in Chapter 10B of this Administrative Code except as authorized in subsection (5) below;
(3) Any moneys paid to the City, or any of its constituent departments, for the use of property leased by the City;
(4) Any daily use fees charged by the Film Commission, pursuant to Section 57.5 of the Administrative Code, to engage in film production in the City; and
(5) Police services as described in Chapter 10B of this Administrative Code, provided that such services do not exceed four police officers per day for a total of 12 hours maximum per day per officer.
(c) Rebate Program.
(1) Allowance of Rebate. A qualified low-budget film production or qualified film production that pays qualified production costs shall be entitled to a rebate, to be calculated as provided herein, provided that the qualified production has entered into a first source hiring agreement with the City that demonstrates good faith efforts to hire economically disadvantaged individuals referred by the San Francisco Workforce Development System to work for the qualified production. Good faith efforts shall include, at a minimum, consulting with the First Source Hiring Administration ("FSHA") for the purpose of preparing a list of positions for which individuals referred by the City might qualify, providing that list to the FSHA at least two weeks prior to the first day of shooting, and documenting efforts to contact and interview job candidates referred by the City to fill the positions listed.
(2) Amount of Rebate. As of July 1, 2015, the City shall pay one dollar for each dollar the qualified low budget film production or qualified film production paid in qualified production costs not to exceed $13,000,000 by June 30, 2028, provided that such rebate payment shall not exceed $600,000 for each such production. No television series or web series shall qualify for more than $600,000 in rebate payments per season. The rebates shall be paid from the project account that the Controller has set aside for Film Rebate Program funds (the “Film Rebate Project Account”). The rebates shall not be paid from funds dedicated under bond or other legal financing covenants. Rebates paid under this Section 57.8 shall be paid only to those qualified low budget film productions or qualified film productions whose filming commenced on or after May 20, 2006. The reasonable expenses of the Film Commission in connection with administering the Rebate Program and reasonable marketing expenses to promote the Rebate Program may be paid out of the Film Rebate Project Account 1
(3) Implementation. After holding a public hearing, the Executive Director of the Film Commission, in consultation with the Controller, shall promulgate rules and regulations to establish the procedures for implementation of the Film Rebate Program. Such rules shall include provisions describing the application process, the standards used to evaluate the applications, the documentation that will be required to substantiate the amount of the rebate, the appeal process, and any such other provisions as deemed necessary and appropriate to carry out the Film Rebate Program.
(d) Authority to Lease Private Property for Film Company Use. Subject to the Controller's certification of funds in the Film Rebate Project Account or other available funding source ("Controller's Certification"), the Director of Property of the Department of Real Estate, in consultation with the Executive Director of the Film Commission, shall have the authority to lease property and sublease such property to film companies for film-related activities including, but not limited to filming, editing, film production office space, and stage space uses ("Film Production Leases") when the Executive Director determines, in consultation with the Director of Property, that no suitable alternative City property is available. Notwithstanding any other provision of the Municipal Code, including Administrative Code Sections 23.26 and 23.31, where a proposed Film Production Lease is for a year-to-year or shorter tenancy and has received the Controller's Certification under this subsection (d), the Director of Property may enter into such Film Production Lease, including any corresponding sublease with a film company subtenant, regardless of whether the monthly rent exceeds $5,000, without action of the Board of Supervisors unless otherwise required by the City Charter.
(e) Annual Reports. The Executive Director shall report annually to the Board of Supervisors on the implementation of the Film Rebate Program. The report shall include a list of each qualified low budget film production and qualified film production, residency of employees, and the total of qualified production costs submitted and paid to each film production. The Controller shall perform an annual assessment and review of the effect of the Film Rebate Program. Based on such assessment and review, the Controller shall prepare and submit an analysis to the Board of Supervisors. The analysis shall be based on criteria deemed relevant by the Controller, and may include but is not limited to data contained in the annual reports to the Board of Supervisors submitted by the Director of the Film Commission.
(f) Expiration of Section. The Film Rebate Program shall expire on June 30, 2028, unless extended by ordinance. If the Film Rebate Program is not extended, the City Attorney shall cause this Section to be removed from the Administrative Code.
(Added by Ord. 70-06, File No. 060065, App. 4/20/2006; amended by Ord. 64-09, File No. 090024, App. 4/23/2009; Ord. 162-09, File No. 090627, App. 7/15/2009; Ord. 205-11, File No. 110900, App. 10/11/2011, Eff. 11/10/2011; Ord. 101-12
, File No. 120406, App. 6/11/2012, Eff. 7/11/2012; Ord. 153-13
, File No. 130586, App. 7/17/2013, Eff. 8/16/2013; Ord. 268-13
, File No. 130937, App. 11/27/2013, Eff. 12/27/2013; Ord. 110-15
, File No. 150463, App. 7/2/2015, Eff. 8/1/2015*; 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)
(Former Sec. 57.8 redesignated as Sec. 57.4 by Ord. 331-00, File No. 001967, App. 12/28/2000)
CODIFICATION NOTE
* Editor's Note:
The amendments made by Ord. 110-15 were retroactive to 6/30/2015; see Sec. 4 of the ordinance.
The amendments made by Ord. 110-15 were retroactive to 6/30/2015; see Sec. 4 of the ordinance.
(a) The Executive Director or his or her designee may issue a citation imposing an administrative penalty in an amount of up to three times the applicable use fee under Section 57.5(c) of this Chapter 57 to any person that has violated this Chapter. The amount of such administrative penalty will be based on the impact of the violation on the community, the impact of the violation on the City, the amount of staff time needed to investigate and address such violations, and such other factors as justice may require.
(b) Except as provided in subsection (a), setting forth the amount of administrative fines, Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” as may be amended from time to time, is hereby incorporated in its entirety and shall govern the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued by the Executive Director or his or her designee to enforce this Chapter 57.
(c) If a film company did not enter into a use contract to engage in film production and is seeking a certification that the film was made in compliance with the laws of the jurisdiction where it was filmed, the film company will receive a certification of compliance upon payment of the administrative penalty, evidence of insurance as required by the City Risk Manager, if such insurance was in effect at the time of filming, and upon signing an agreement to hold the City harmless for any costs associated with any loss or claim attributable to any of the activities of the film production in connection with the filming.
(d) The Executive Director may require a film company seeking to engage in film production to pay any unpaid administrative fines imposed under this Section 57.9 prior to entering into any further use contracts.
(Added by Ord. 244-18, File No. 180518, App. 10/26/2018, Eff. 11/26/2018)
(Former Sec. 57.9 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; repealed by Ord. 331-00, File No. 001967, App. 12/28/2000)
SEC. 57.10. [REPEALED.]
(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; repealed by Ord. 331-00, File No. 001967, App. 12/28/2000)
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