(a) Disclosure Requirement. Any Transferor shall provide a disclosure notice to any Transferee as follows:
(1) Timing of Disclosure. The Transferor shall provide the disclosure notice described in this Section 116.8 on a separate written document. This disclosure notice shall be provided as follows:
(A) for a lease, prior to the Transferee(s) signing the lease; and
(B) for a purchase agreement, at the time required by California Civil Code Section 1102.3.
(2) Contents of Disclosure Notice. The disclosure notice shall include a citation to this Chapter 116
and a statement containing substantially the following language in at least 12-point font, with appropriate terms to be inserted in place of the bracketed language:
"DISCLOSURE OF NEIGHBORING PLACE OF ENTERTAINMENT.
You are purchasing or leasing property that is adjacent or nearby to [name and address of the Place(s) of Entertainment]. This venue is an existing Place of Entertainment, as defined in Police Code Section 1060, which includes establishments such as live music venues, nightclubs and theaters. This establishment may subject you to inconveniences or discomfort arising from or associated with its operations, which may include, but are not limited to, nighttime noise, odors, and litter. One or more of the inconveniences or discomforts may occur even if the Place of Entertainment is operating in conformance with existing laws and regulations and locally accepted customs and standards for operations of such use. If you live near a Place of Entertainment, you should be prepared to accept such inconveniences or discomforts as a normal and necessary aspect of living in a neighborhood with mixed commercial and residential uses."
(3) Copy of Chapter 116 to Be Provided. The Transferor shall provide each Transferee with a copy of this Chapter 116
as is in effect when the disclosure notice required by this Section 116.8 is provided.
(4) Affidavit of Disclosure.
(A) Contents of Affidavit. The Transferor shall sign, upon penalty of perjury, an affidavit containing the following information, with appropriate terms to be inserted in place of the bracketed language, as specified:
(i) the identity of the Transferor, and any entity on whose behalf the Transferor is acting;
(ii) the identity of the Transferee;
(iii) the address, including unit number, of the portion of the Project being transferred;
(iv) whether the Transfer is a sale or lease; and
(v) the following language:
"I have provided to the [purchaser or lessee] the disclosure required by San Francisco Administrative Code Chapter 116
. Attached is a true and correct copy of the notice provided to the [purchaser or lessee].
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] in [city and state]."
(B) Affidavit Transmitted to Entertainment Commission. The Transferor shall transmit to the Entertainment Commission, by any means acceptable to the Entertainment Commission, the Affidavit and a copy of the disclosure notice provided to each Transferee; provided however, that the attachment need not also include a copy of the then-current text of this Chapter 116
. Upon request of the Transferee, the Transferor shall also provide a copy of this Affidavit, with an attached copy of the disclosure notice referenced in the Affidavit, to the Transferee.
(C) Affidavits Available to the Public. Pursuant to state and local law, upon request, the Entertainment Commission shall provide a copy of the Affidavit and attached notice to any member of the public, including a representative of a Place of Entertainment.
(5) Covenants, Conditions & Restrictions for Condominium Projects. If the Project will be subdivided into condominiums, the requirements of this Section 116.8(a) must be included as terms of the Covenants, Conditions, & Restrictions ("CC&Rs") that will be filed with the State and that govern owners of the property. Upon request, a copy of the CC&Rs must be provided to the Planning Department.
(c) Complaints Regarding Failure to Provide Disclosure Notice. Any member of the public, including any Place of Entertainment, may file a complaint with the Planning Department regarding a Transferor's failure to provide the notice required by this Section.
(d) Does Not Apply to Hotels or Motels. This Section 116.8 does not apply to the transfer of a Hotel or Motel.