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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
ARTICLE 15.1:
ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
 
Definitions.
Permit Required.
License Fees.
Filing Application and Notice to Other City Departments for Place of Entertainment Permit.
Filing Application and Notice to Other City Departments for Limited Live Performance Permit.
Filing Application and Notice to Other City Departments for Fixed Place Outdoor Amplified Sound Permits.
Application Form for Place of Entertainment Permit.
Application Form for Limited Live Performance Permit.
Application Form for Fixed Place Outdoor Amplified Sound Permit.
Notice Requirements and Contact Information.
Determination of Application for a Place of Entertainment Permit.
Determination of Application for Limited Live Performance Permit.
Determination of Application for Fixed Place Outdoor Amplified Sound Permit.
Private Club.
Solicitation of Drinks or Merchandise.
Lighting.
Miscellaneous Rules.
Requirement For Stage.
Booths.
Police – Inspection.
Noise Abatement.
Minors.
Regulation of Signs.
Sound Test and Sound Monitoring.
Outdoor Amplified Sound Regulations.
Removal of Signs and Pictorial Representation.
Visibility From the Street.
Permit Fee; Exemptions.
Suspension.
Suspension by the Entertainment Commission.
Limited Suspension by the Director; Appeal to Entertainment Commission.
Suspension for Public Safety by the Director.
Revocation of a Permit.
Forfeiture of Fee.
Permits Not Transferable; Permit Must be Surrendered Upon Sale of Business; Permit Amendment Required to Change Partners or Other Owners.
Compliance With Conditions; Amendment of Permit to Change Conditions.
Appeals to the Board of Appeals.
Criminal, Administrative, and Civil Penalties.
Public Nuisance – Operating Without a Permit.
Severability.
Sound Truck Permit.
Earplugs and Free Drinking Water.
One Time Event Permit.
Special Permit Procedure for One Time Events for Designated Days.
One Time Outdoor Amplified Sound Permit.
Place of Entertainment Permittees Required to Report Certain Information.
Approval Required for Security Plans.
Director May Require a Permittee to Comply With a Revised Security Plan.
Adoption of Regulations.
Regulations as to Security Plans.
Responsible Person on Premises.
Authority of San Francisco Police Department.
Promotion of General Welfare.
Relationship of Limited Live Performance Permit to Other Permits.
Extension of Evening Hours Limit for Limited Live Performance Permit.
 
SEC. 1060.  DEFINITIONS.
   For the purposes of this Article 15.1, unless otherwise provided in this Article, the following words and phrases shall mean:
   “Amplified Sound Equipment.” Any machine or device, including but not limited to a loudspeaker, for the reproduction or amplification of the human voice, music, or other sound. Notwithstanding the foregoing sentence, Amplified Sound Equipment shall not include: (a) warning devices, such as but not limited to sirens, on authorized emergency vehicles, or warning devices, such as but not limited to horns, on other vehicles used only for traffic safety purposes; (b) radio or television sets that are (1) permanently installed in motor vehicle to receive programs broadcast from regularly licensed and established radio or television stations, or (2) installed in any dwelling house to receive programs broadcast from regularly licensed and established radio or television stations for the pleasure and entertainment of the occupants of such dwelling houses, or (3) established or maintained in stores indoors to demonstrate radio or television sets carried for sale or demonstration; (c) other mechanical sound or voice-reproducing devices used for the pleasure and entertainment of the occupants of private motor vehicle, or (d) pedestrian operated bullhorns, not exceeding 10 watts, E.I.A.; provided, however, that the provisions of Section 49 of this Code shall be applicable to all items encompassed in exceptions (a)-(d).
   “Any Sidewalk Abutting the Premises.” The sidewalk not more than 50 feet from the premises of the Business that is located between the premises and a public street. For purposes of this definition, “premises” includes any immediately adjacent area that is owned, leased, or rented by the permit applicant or Permittee.
   “Bona Fide Nonprofit Club or Organization.” Any fraternal, charitable, religious, benevolent, or other nonprofit organization for mutual social, mental, political, or civic welfare, to which admission is limited to members and guests if the revenue accruing therefrom is used exclusively for the benevolent purposes of said organization or agency, and if the organization or agency is exempt from taxation under the Internal Revenue laws of the United States as a bona fide fraternal, charitable, religious, benevolent, or nonprofit organization.
   “Business.” The enterprise for which a permit is sought or has been issued under this Article, whether operated on a for-profit or not-for-profit basis.
   "Conduct that Constitutes a Nuisance." Any conduct that would constitute a violation of the following laws: assault and battery (Cal. Penal Code § 240, 242, 245); sexual battery (Cal. Penal Code § 243.4); discharging firearm (Cal. Penal Code § 246, 246.3); unlawful weapons (Cal. Penal Code § 12020; S.F. Police Code § 1291); disturbing the peace (Cal. Penal Code § 415, 416, 417); unlawful threats (Cal. Penal Code § 422); obstruction of pedestrian or vehicle right-of-way (Cal. Penal Code § 370); gambling (Cal. Penal Code §§ 330, 337a); rape (Cal. Penal Code § 261); statutory rape (Cal. Penal Code § 261.5); prostitution and related offenses (Cal. Penal Code §§ 266, 266a, 266e, 266h, 266i, 315, 316, 647(b)); sex crimes for which registration is required under the Sex Offender Registration Act (Cal. Penal Code § 290); felony sexual assault loitering for lewd or lascivious purposes (Cal. Penal Code § 647(d)); loitering on private property without lawful business (Cal. Penal Code § 647(h); identify theft (Cal. Penal Code § 530.5); a violent felony warranting enhancement of a prison term (Cal. Penal Code § 667.5); criminal gang activity (Cal. Penal Code § 186.22); drug offenses (Cal. Health & Safety Code §§ 11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 11379.5); violation of Alcohol Beverage Control laws (Cal. Business & Professions Code §§ 23300, 25602, 25631, 25657, 25658); public urination or defecation (San Francisco Police Code § 153); accumulation of filth (Cal. Health & Safety Code § 17920.3(j)); or excessive noise emissions (San Francisco Police Code Section 49 or Article 29).
   “Corrective Action.” Action which includes, but is not limited to, the following:
      (a)   Requesting assistance from the local law enforcement agency in a timely manner regarding the conduct.
      (b)   Requesting those individuals engaging in Conduct that Constitutes a Nuisance to cease the conduct, or ejecting those Persons from the premises.
      (c)   Revising the Security Plan, subject to approval by the Entertainment Commission or the Director as provided under this Article.
   “Director.” The Executive Director of the Entertainment Commission or individual designated by the Director to act on his or her behalf.
   “Entertainment.” Any of the following, except when conducted in a Private Residence:
      (a)   Any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted in or upon any premises to which patrons or members are admitted.
      (b)   The playing or use of any instrument capable of producing or used to produce musical or percussion sounds, including but not limited to, reed, brass, percussion, or string-like instruments, or karaoke, or recorded music presented by a live disc jockey on the premises.
      (c)   A fashion or style show.
      (d)   The act of any female entertainer, while visible to any customer, who exposes the breast or employs any device or covering which is intended to simulate the breast, or wears any type of clothing so that the breast may be observed.
   “Fixed Place Outdoor Amplified Sound Locale.” A Business that uses Amplified Sound Equipment, not attached to a Sound Truck, at any location out of doors in the City for more than a total of 12 days, whether consecutive or non-consecutive, per 12-month period, and at which Entertainment is not furnished or does not occur; for example, playing recorded music on Any Sidewalk Abutting the Premises, patio, courtyard, plaza, or other outdoor space that is under the control of the Business or for which the Business has obtained a permit to use from the City. This definition shall not include property that is a Private Residence.
   “Fixed Place Outdoor Amplified Sound Permit.” A permit allowing a Fixed Place Amplified Sound Locale to use Amplified Sound Equipment outdoors.
   “Limited Live Performance Permit.” A permit allowing a Limited Live Performance Locale to present Live Performances.
   “Limited Live Performance Locale.” A locale with all the following features:
      (a)   The presentation of Live Performances is a secondary purpose of the locale rather than its primary purpose.
      (b)   The locale is indoors, or consists of an outdoor plaza, courtyard, or similar space, enclosed by surrounding buildings, with or without open means of public ingress and egress, with an area in which Live Performances are presented that is no greater than 200 square feet. For purposes of this provision, “outdoor plaza, courtyard, or similar space” also shall include, regardless of the square footage of the Live Performance area, (1) any Plaza as identified in Administrative Code Chapter 94 or (2) any People Place as identified in Administrative Code Chapter 94A.
      (c)   Live Performances presented at the locale conclude by 10 p.m., except as otherwise provided in Section 1060.38.1.
      (d)   The locale is not a Private Residence.
      (e)   Patrons or members are admitted to the locale, except this requirement shall not apply to a Plaza as identified in Administrative Code Chapter 94 or a People Place as identified in Administrative Code Chapter 94A.
   “Live Performance.” Any act, play, review, pantomime, scene, song, dance act, song and dance act, poetry recitation, fashion or style show, recorded music presented by a live disc jockey on the premises, or the playing or use of any instrument capable of producing or used to produce musical or percussion sounds, including but not limited to, reed, brass, percussion, or string-like instruments.
   )1    “Manager.” The individual authorized by the Permittee to exercise discretionary power to organize, direct, carry out or control the operations of the Business.
   “One Time Event.” An indoor event, or outdoor event such as a concert, parade, fair, festival, athletic event, or block party, that is organized for a group of people, (a) at which Entertainment is furnished or occurs, and (b) which takes place at any location in the City that is not a Private Residence.
   “One Time Event Permit.” A permit, as further described in Section 1060.29, allowing a Person to conduct a One Time Event on the premises specified in the permit for no longer than one 24-hour period, and that may be issued for the same premises for no more than a total of 12 days, whether consecutive or non-consecutive, in a 12-month period.
   “One Time Outdoor Amplified Sound.” An outdoor gathering, occurrence, or event at which (a) no Entertainment is furnished or occurs, and (b) Amplified Sound Equipment not attached to Sound Trucks is used to project sound outside of any building or at any location out of doors in the City that is not a Private Residence.
   “One Time Outdoor Amplified Sound Permit.” A permit allowing One Time Outdoor Amplified Sound on the premises specified in the permit, and that may be issued for the same premises for no more than a total of 12 days, whether consecutive or non-consecutive, in a 12-month period.
   “Permittee.” The Person to whom a permit has been issued under this Article.
   “Person.” Any person, individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit excepting the United States of America, the State of California, and any political subdivision of either.
   “Place of Entertainment.” Every premises, including outdoor premises, to which patrons or members are admitted which serves food, beverages, or food and beverages, including but not limited to alcoholic beverages, for consumption on the premises and wherein Entertainment is furnished or occurs upon the premises.
   “Private Residence.” A residence that is used solely or primarily to provide housing and not rented out to third parties for Entertainment uses.
   “Professional Entertainer.” A person who is compensated for his or her performance. This definition does not restrict the definition of “Entertainment” in this Section 1060 and is relevant only to the extent the term “Professional Entertainer” is used in this Article.
   “Sale of the Business” or “Sell the Business.” The sale or other transfer of the ownership interest in a Business that results in a Person (who did not already have such a percentage interest) owning 50% or more of the Business, regardless of the form of ownership.
   “Security Guard.” A person who has a valid Proprietary Private Security Officer registration document issued by the California Department of Consumer Affairs; or a person who is a Patrol Special Police Officer appointed by the
Police Commission or an assistant to a Patrol Special Police Officer and is operating in accordance with rules of the Police Commission governing Patrol Special Police Officers and assistants to Patrol Special Police Officers; or, a person who is a Private Patrol Operator, as defined by California Business and Professions Code Sections 7582.1-7582.2, as may be amended from time to time.
   “Security Plan.” A plan that adequately addresses the safety of persons and property by (a) providing a ratio of one Security Guard to a specific number of individuals as described in the paragraph immediately below (b) securing the sidewalk for a 100-foot radius in all directions around the premises of the Business to prevent injury to persons and/or damage to property, and (c) providing for the orderly dispersal of individuals and traffic from the premises of the Business and within 100 feet of any door that patrons use to enter or exit the premises. The phrase “100 feet” in (c) means 100 feet from the door in both directions on the same side of the street as the premises of the Business. The plan shall include sufficient staff with the requisite experience to implement the plan.
      The Security Plan must provide at least one Security Guard for every 100 individuals anticipated to be present at any one time during Entertainment events on the premises of the Business, with the following two qualifications. There must always be at least one Security Guard for every 100 individuals actually present at any one time during Entertainment events on the premises of the Business. Further, in those areas of the City where a conditional use authorization is required for a late night use, on Thursdays, Fridays, Saturdays, and Sundays from 9:00 p.m. until closing (including early morning hours Friday, Saturday, Sunday, and Monday) the Security Plan must provide at least one Security Guard for every 100 individuals authorized by the Occupancy Permit during Entertainment events on the premises of the Business.
      The definition of Security Plan in this Section 1060 does not limit the discretion of the Entertainment Commission and Director as specified in this Article to impose more stringent requirements for a Security Plan as circumstances warrant.
      If no Entertainment event is occurring on the premises, the Security Plan does not have to include Security Guards, but the Entertainment Commission retains discretion to impose Security Guard requirements as part of a Security Plan.
   “Sound Truck.” Any motor vehicle or other means of conveyance, having mounted thereon, attached thereto, or carrying any Amplified Sound Equipment, except that an “Unenclosed Tour Bus” as defined in Section 2913 of this Code shall not be considered a Sound Truck for purposes of this Article.
   “Sound Truck Permit.” A permit allowing a Sound Truck to use Amplified Sound Equipment.
   “Tax Collector.” Tax Collector of the City and County of San Francisco.
(Amended by Ord. 42-83, App. 2/4/83; Ord. 325-91, App. 9/4/91; Ord. 165-93, App. 5/28/93; Ord. 262-04, File No. 041148, App. 11/4/2004; Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013; Ord. 82-14 , File No. 140064, App. 6/13/2014, Eff. 7/13/2014; Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019)
CODIFICATION NOTE
1.   So in Ord. 163-17.
SEC. 1060.1.  PERMIT REQUIRED.
   (a)   It shall be unlawful for any Person to own, conduct, operate, or maintain, or to cause or permit to be conducted, operated, or maintained, any Place of Entertainment, Limited Live Performance Locale, One-Time Event, Fixed Place Outdoor Amplified Sound Locale, One Time Outdoor Amplified Sound, or Sound Truck in the City and County of San Francisco without first having obtained the required permit from the Director or Entertainment Commission. No Person shall operate a Place of Entertainment between 2:00 a.m. and 6:00 a.m. without having both a Place of Entertainment Permit and an Extended-Hours Premises Permit.
   (b)   It shall be unlawful for any Person to conduct, operate, or maintain, or cause or permit to be conducted, operated, or maintained, a Place of Entertainment, Limited Live Performance Locale, One-Time Event, Fixed Place Outdoor Amplified Sound Locale, One Time Outdoor Amplified Sound, or Sound Truck for which a permit has been granted (1) after the permit has been revoked or is otherwise invalid or (2) for any period of time during which the permit has been suspended.
   (c)   It shall be unlawful for any Person who is required to surrender a permit upon the sale of a Business as required under Section 1060.24(b) to fail to do so.
   (d)   Any place or premises where a Place of Entertainment Permit, Limited Live Performance Permit, One-Time Event Permit, Fixed Place Outdoor Amplified Sound Permit, or One Time Outdoor Amplified Sound Permit is sought must (1) conform to all existing health, safety, zoning, fire, and other ordinances of the City and County of San Francisco, and (2) must have a valid permit to operate (formerly referenced in this Article as a public eating place permit) from the Department of Public Health, if applicable. The Entertainment Commission, including the Director in the case of a One-Time Event Permit or One Time Outdoor Amplified Sound Permit, may issue a permit under this Article 15.1 conditional upon the applicant receiving the other required permits.
(Added by Ord. 193-05, File No. 051027, App. 7/29/2005; amended by Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013; Ord. 82-14 , File No. 140064, App. 6/13/2014, Eff. 7/13/2014; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
SEC. 1060.1.1.  LICENSE FEES.
   Every person granted a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit by the Entertainment Commission shall pay to the Tax Collector an annual license fee on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
   The amount of the license fee for the 2005-2006 fiscal year shall be as set forth in Section 2.27 of this Code, and such amount shall be adjusted for inflation commencing with the 2006-2007 fiscal year, and annually thereafter, in accordance with Section 2.31 of this Code.
(Added as Sec. 1060.1-1 by Ord. 193-05, File No. 051027, App. 7/29/2005; amended by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 238-11 , File No. 111101, App. 12/15/2011, Eff. 1/14/2012; redesignated and amended by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
SEC. 1060.2.  FILING APPLICATION AND NOTICE TO OTHER CITY DEPARTMENTS FOR PLACE OF ENTERTAINMENT PERMIT.
   (a)   Every Person seeking a Place of Entertainment permit or an amendment to a permit shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and shall pay a filing fee as provided in Section 2.26 of this Code.
   (b)   The Director shall send the application to the following departments, which shall complete all necessary inspections or approvals and shall endeavor to report their determinations to the Entertainment Commission within 20 City business days of receiving the application.
      (1)   The Police Department;
      (2)   The Planning Department;
      (3)   The Department of Building Inspection, except that this subsection (b)(3) shall not apply if the Person provides evidence of the completion of a final inspection for an issued building permit for the premises, as required by Chapter 1A of the San Francisco Building Code, if the inspection was completed in the 12 months before the date of the Person’s application for a Place of Entertainment Permit;
      (4)   The Department of Public Health, except that this subsection (b)(4) shall not apply if the Person provides evidence of a permit to operate a food preparation and service establishment on the premises, as required by Article 8 of the Health Code, current as of the date of the Person’s application for a Place of Entertainment Permit; and
      (5)   The Fire Department, except that this subsection (b)(5) shall not apply if the Person provides evidence of a place of assembly permit for the premises, as required by Chapter 1 of the San Francisco Fire Code, current as of the date of the Person’s application for a Place of Entertainment Permit.
(Amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019)
SEC. 1060.2.1  FILING APPLICATION AND NOTICE TO OTHER CITY DEPARTMENTS FOR LIMITED LIVE PERFORMANCE PERMIT.
   (a)   Every Person seeking a Limited Live Performance Permit, or an amendment to such a permit, shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and shall pay a filing fee as provided in Section 2.26 of this Code.
   (b)   The Director shall send the application to the San Francisco Police Department and the Planning Department. Those departments shall complete all necessary inspections and report their determinations to the Entertainment Commission within 20 City business days of receiving the application.
(Added by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011)
SEC. 1060.2.2. FILING APPLICATION AND NOTICE TO OTHER CITY DEPARTMENTS FOR FIXED PLACE OUTDOOR AMPLIFIED SOUND PERMITS.
   (a)   Every Person seeking a Fixed Place Outdoor Amplified Sound Permit or an amendment to such a permit shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and shall pay the filing fee prescribed in Section 2.26 of this Code, except as provided in Section 1060.19 of this Article 15.1.
   (b)   The Director shall send the application to the Police Department, the Planning Department, and the Department of Public Health. Those departments shall complete any necessary inspections and report their determinations to the Entertainment Commission within 20 City business days of receiving the application.
(Added by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
SEC. 1060.3.  APPLICATION FORM FOR PLACE OF ENTERTAINMENT PERMIT.
   An application for a Place of Entertainment permit shall specify the following and be signed under penalty of perjury:
   (a)   The name and street address of the Business for which the permit is sought.
   (b)   The name and address of the applicant as follows:
      (1)   If the applicant is a corporation, the name of the corporation exactly as shown in its articles of incorporation; the date and place of incorporation; and the name and address of each officer and director.
      (2)   If the applicant is a Person other than a publicly traded company, the name and address of every Person that directly or indirectly owns or controls 10% or more of the assets, ownership interests or voting interests in that Person.
   (c)   The name of and contact information for the Manager who shall directly, or through designees, be on the premises during all hours of operation.
   (d)   The name and address of each Person who appears on the business registration certificate for the Business for which a permit is sought.
   (e)   The name and address of each Person to whom the Department of Alcoholic Beverage Control has issued a license for the Business for which a permit is sought.
   (f)   The names and addresses of the Persons who have or will have authority or control over the Business and a brief statement of the nature and extent of such authority and control, if the applicant has not otherwise provided this information in the application.
   (g)   The name and address of the Person authorized to accept service of process.
   (h)   A plan for the Business to operate as a Place of Entertainment, specifying the days and hours of operation, the number of employees and their duties, the number of patrons, a statement certifying that the Business shall comply with the maximum occupancy load for the space as established under the San Francisco Building and Fire Codes, the types or classes of entertainment (in terms of the types of instruments, numbers of performers, and sound levels) to be provided, and the amount of parking, both on and off-site, to be provided. If sound amplification is to be used, the plan shall also include a specific description of the amplification system, and whether the Business proposes to use Amplified Sound Equipment to project sound outside of any building or at any location out of doors. If the plan includes outdoor amplified sound, it shall also include the following information: (1) the location at which Amplified Sound Equipment will be placed out of doors, (2) the hours and dates during which sound will be amplified, (3) a specific description of the amplification system to be used, including the type of sound to be amplified (e.g., speech or music), (4) a statement certifying that the Business shall comply with the maximum noise levels as established under the Police and Health Codes, and (5) a statement whether the activity will take place within 300 feet of a hospital, school, house of worship, courthouse, public library, or mortuary during the normal hours of use of said facilities. Where applicable, the applicant shall submit a copy of a street closure permit, and any other City, state, or federal permit required for the proposed activity.
   (i)   A proposed Security Plan as defined in Section 1060.
   (j)   For the Persons(s) whose disclosure is required under Subsections (b), (c), (e) and (f), all criminal charges, complaints or indictments in the preceding ten years which resulted in a conviction or a plea of guilty or no contest for the following laws: assault and battery (Cal. Penal Code § 240, 242, 245); felony sexual assault; sexual battery (Cal. Penal Code § 243.4); rape (Cal. Penal Code § 261); statutory rape (Cal. Penal Code § 261.5); discharging firearm (Cal. Penal Code § 246, 246.3); unlawful weapons (Cal. Penal Code § 12020; S.F. Police Code § 1291); disturbing the peace (Cal. Penal Code § 415, 416, 417); unlawful threats (Cal. Penal Code § 422); obstruction of pedestrian or vehicle right-of-way (Cal. Penal Code § 370); gambling (Cal. Penal Code §§ 330, 337a); prostitution and related offenses (Cal. Penal Code §§ 266, 266a, 266e, 266h, 266i, 315, 316, 647(b)); sex crimes for which registration is required under the Sex Offender Registration Act (Cal. Penal Code § 290); loitering for lewd or lascivious purposes (Cal. Penal Code §§ 647(d), 647(h)); identify theft (Cal. Penal Code § 530.5); a violent felony warranting enhancement of a prison term (Cal. Penal Code § 667.5); criminal gang activity (Cal. Penal Code § 186.22); drug offenses (Cal. Health & Safety Code §§ 11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 11379.5); violation of Alcohol Beverage Control laws (Cal. Business & Professions Code §§ 23300, 25602, 25631, 25657, 25658); or for conduct in another jurisdiction which if carried out in California would constitute an offense under one of the laws set forth in this Subsection (j).
   (k)   All criminal charges, complaints or indictments in the preceding ten years which resulted in a conviction for the Person(s) whose disclosure is required under Subsections (b), (c), (e) and (f), for any other offense which is a felony or misdemeanor under the laws of this state, or for conduct in another jurisdiction which if carried out in California would constitute a felony or misdemeanor under the laws of this state, provided that this Subsection (k) applies only to offenses arising out of the operation of a nightclub, dance hall, cabaret, Place of Entertainment or an establishment that serves food or beverages.
   (l)   For the information required by Subsections (j) and (k), a statement setting forth for each Person all charges under which convictions or pleas of guilty or no contest were obtained, any sentence imposed, and for each matter the date, name and location of the court; and if the Person was granted parole or probation, whether the Person successfully completed parole or probation.
   (m)   Such further information as the Entertainment Commission requires regarding financial and lease arrangements and management, authority, and operational control of the Business or its premises when the information will assist the Commission in its determination whether to grant or deny the permit.
(Added by Ord. 140-70, App. 4/28/70; amended Ord. 325-91, App. 9/4/91; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
SEC. 1060.3.1.  APPLICATION FORM FOR LIMITED LIVE PERFORMANCE PERMIT.
   An application for a Limited Live Performance Permit shall specify the following and be signed under penalty of perjury:
   (a)   The name and street address of the Business for which the permit is sought; however, if the application relates to (1) a Plaza as defined in Administrative Code Chapter 94 or (2) a People Place as defined in Administrative Code Chapter 94A, the application shall instead include the name and location of the Plaza or People Place and the name and street address of the Steward or permittee of the Plaza or People Place.
   (b)   The name and address of the applicant as follows:
      (1)   If the applicant is a corporation, the name of the corporation exactly as shown in its articles of incorporation; the date and place of incorporation; and the name and address of each officer and director.
      (2)   If the applicant is a Person other than a publicly traded company, the name and address of every Person that directly or indirectly owns or controls 10% or more of the assets, ownership interests or voting interests in that Person.
   (c)   The name of and contact information for the Manager who shall directly, or through designees, be on the premises during all hours of operation.
   (d)   The name and address of each Person who appears on the business registration certificate for the Business for which a permit is sought.
   (e)   The name and address of each Person to whom the Department of Alcoholic Beverage Control has issued a license for the Business for which a permit is sought.
   (f)   The names and addresses of the Persons who have or will have authority or control over the Business and a brief statement of the nature and extent of such authority and control, if the applicant has not otherwise provided this information in the application.
   (g)   The name and address of the Person authorized to accept service of process.
   (h)   A plan for the Business to operate as a Limited Live Performance Locale, specifying the days and hours of operation, the number of employees and their duties, the number of patrons, a statement certifying that the Business shall comply with the maximum occupancy load for the space as established under the San Francisco Building and Fire Codes, the types or classes of live performances (in terms of the types of instruments, numbers of performers, and sound levels) to be provided, and the amount of parking, both on and off-site, to be provided. If sound amplification is to be used, the plan shall also include a specific description of the amplification system, and whether the Business proposes to use Amplified Sound Equipment to project sound outside of any building or at any location out of doors. If the plan includes outdoor amplified sound, it shall also include the following information: (1) the location at which Amplified Sound Equipment will be placed out of doors, (2) the hours and dates during which sound will be amplified, (3) a specific description of the amplification system to be used, including the type of sound to be amplified (e.g., speech or music), (4) a statement certifying that the Business shall comply with the maximum noise levels as established under the Police and Health Codes, and (5) a statement whether the activity will take place within 300 feet of a hospital, school, house of worship, courthouse, public library, or mortuary during the normal hours of use of said facilities. Where applicable, the applicant shall submit a copy of a street closure permit, and any other City, state, or federal permit required for the proposed activity.
   (i)   Such further information as the Enter- tainment Commission requires regarding finan- cial and lease arrangements and management, authority, and operational control of the Business or its premises when the information will assist the Commission in its determination whether to grant or deny the permit.
(Added by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; amended by Ord. 82-14 , File No. 140064, App. 6/13/2014, Eff. 7/13/2014; Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
SEC. 1060.3.2. APPLICATION FORM FOR FIXED PLACE OUTDOOR AMPLIFIED SOUND PERMIT.
   (a)   An application for a Fixed Place Outdoor Amplified Sound Permit shall specify the following and be signed under penalty of perjury:
      (1)   The name and street address of the Business for which the permit is sought; however, if the application relates to a Plaza as identified in Administrative Code Chapter 94, the application shall instead include the name and location of the Plaza and the name and street address of the Steward or permittee of the Plaza, and if it relates to a People Place, as identified in Administrative Code Chapter 94A, the application shall instead include the name and location of the People Place and the name and street address of the Steward of the People Place.
      (2)   The name and address of the applicant as follows:
         (A)   If the applicant is a corporation, the name of the corporation exactly as shown in its articles of incorporation; the date and place of incorporation; and the name and address of each officer and director.
         (B)   If the applicant is a Person other than a publicly traded company, the name and address of every Person that directly or indirectly owns or controls 10% or more of the assets, ownership interests, or voting interests in that Person.
      (3)   The name of and contact information for the Manager who shall directly, or through designees, be on the premises during all hours of operation.
      (4)   The name and address of each Person who appears on the business registration certificate for the Business for which a permit is sought.
      (5)   The name and address of each Person to whom the Department of Alcoholic Beverage Control has issued a license for the Business for which a permit is sought.
      (6)   The names and addresses of the Persons who have or will have authority or control over the Business and a brief statement of the nature and extent of such authority and control, if the applicant has not otherwise provided this information in the application.
      (7)   The name and address of the Person authorized to accept service of process.
      (8)   A plan for the Business to operate outdoor Amplified Sound Equipment including the following: (A) the location at which Amplified Sound Equipment will be placed out of doors, (B) the hours and dates during which sound will be amplified, (C) a specific description of the amplification system to be used, including the type of sound to be amplified (e.g., speech or music), (D) a statement certifying that the Business shall comply with the maximum noise levels as established under the Police and Health Codes, and (E) a statement whether the activity will take place within 300 feet of a hospital, school, house of worship, courthouse, public library, or mortuary during the normal hours of use of said facilities.
      (9)   Where applicable, the applicant shall submit a copy of a street closure permit, and any other City, state, or federal permit required for the proposed activity.
      (10)   Such further information as the Entertainment Commission requires regarding financial and lease arrangements and management, authority, and operational control of the Business or its premises when the information will assist the Commission in its determination whether to grant or deny the permit.
   (b)   A Person that is seeking or already has a Place of Entertainment Permit or Limited Live Performance Permit for a particular premises, locale, Plaza as identified in Administrative Code Chapter 94, or People Place as identified in Administrative Code Chapter 94A, shall not apply for a Fixed Place Outdoor Amplified Sound Permit for the same location. The use of outdoor Amplified Sound Equipment in conjunction with Entertainment or Live Performance at such premises shall be governed by the Place of Entertainment Permit or Limited Live Performance Permit for that location, as appropriate. Persons seeking to add the use of outdoor Amplified Sound Equipment to an existing Place of Entertainment Permit or Limited Live Performance Permit shall file a request for an amendment to the existing permit in accordance with Section 1060.24.1 of this Article 15.1.
(Added by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
SEC. 1060.4.  NOTICE REQUIREMENTS AND CONTACT INFORMATION.
   (a)   Unless otherwise provided in this Article, the following definitions apply.
      (i)   To provide notice "electronically" means to send written notice by email, facsimile or in any other manner that the Director designates as appropriate to transmit written information other than by mail or personal delivery.
      (ii)   To "mail" notice or give notice "by mail" means depositing the notice in a sealed envelope or package, clearly labeled to identify the individual to whom it is sent, in a post office, mailbox, or other facility regularly maintained by the United States Postal Service, by First Class Mail, with postage prepaid. The requirement that notice be mailed within a specified period of time means that the notice is deposited in the mail within that period of time.
      (iii)   "Personally deliver" or "personal delivery" means delivering notice or causing notice to be delivered in person.
      (iv)   "Notice" means notice of a hearing, decision, action required of an applicant for a permit or a Permittee, or any other information that this Article requires to be given or which the Entertainment Commission or the Director find appropriate in implementing the provisions of this Article.
   (b)   Applicants for a permit and Permittees shall provide information necessary to enable the Entertainment Commission and the Director to give notice under this Article. Applicants and Permittees shall provide the Director in writing with a street address where the applicant and Permittee receive mail from the United States Postal Service, and with any email address, facsimile number or other information necessary to enable notice to be sent to the applicant and Permittee electronically. The applicant and Permittee shall keep the information required by this Section current by informing the Director in writing of any change. When the Commission or Director mails or personally delivers notice or sends notice electronically to the applicant or Permittee in accordance with the information most recently provided in writing by that Person, such action shall satisfy the requirements of this Article with respect to how notice is given.
   (c)   In some circumstances, this Article requires notice to the Manager. The Permittee shall provide a telephone and/or cell phone number and a facsimile number or email address for the transmission of notice to the Manager. The Permittee shall keep current the contact information for the Manager and shall notify the Director in writing of any change in this information. The Manager may designate other individuals to whom notice is to be given for any periods of the Manager's absence or unavailability by providing this information in writing to the Director. When the Commission or Director mails or personally delivers notice or sends notice electronically to the Manager, or to any individual designated by the Manager to receive notice in place of the Manager, in accordance with the information most recently provided in writing by the Permittee for the Manager, or by the Manager for his or her designee, such action shall satisfy the requirements of this Article that notice be given to the Manager.
   (d)   The Director may require applicants, Permittees and Managers to provide different or additional contact information for receipt of notice as communication technologies change.
   (e)   A Permittee may change the name and/or address of the individual provided by the Permittee in the permit application to accept service of process by providing written notice to the Director.
(Added by Ord. 140-70, App. 4/28/70; Ord. 239-09, File No. 080323, App. 11/20/2009)
SEC. 1060.5.  DETERMINATION OF APPLICATION FOR A PLACE OF ENTERTAINMENT PERMIT.
   (a)   The applicant shall file the application for a Place of Entertainment Permit with the Director. The Director may require that the applicant or the applicant's agent file the application in person. Upon determining that an application is complete, the Director shall accept and file it and shall schedule a public hearing before the Entertainment Commission to determine whether the permit should be granted. The Director shall provide written notice of the hearing to the applicant by mail or to the applicant's agent by personal delivery at least 30 days before the date of the hearing. The Director shall promptly notify the Chief of Police or the Chief's designee in writing of the application and the hearing date and shall promptly transmit a copy of the application, including a copy of the security plan, to the Chief or the Chief's designee. For purposes of this Subsection (a), the Captain for the district where the Place of Entertainment would be located, or the Captain's designee, is deemed the Chief's designee unless the Chief of Police directs otherwise. Any Person may submit a written request to the Director to receive notice of the hearing on a permit application.
   (b)   (1)    The applicant shall cause a notice of the hearing to be conspicuously and continuously posted for at least 30 days before the scheduled hearing date on the premises of the Business. Where the Business is located in a neighborhood-commercial or mixed residential district, as defined in Article 7 and 8 of the Planning Code, the applicant shall also make a good faith effort to distribute leaflets at each residence located within 150 feet of the Business, unless the Entertainment Commission finds that a Business located in a district is not likely to significantly generate nighttime noise and traffic to the detriment of residences located in that immediate area. Applicants subject to the requirement of distributing leaflets shall do so at least 30 days before the scheduled hearing date and the distribution shall be done in compliance with the provisions of Article 5.7 (beginning with Section 184.69) of the Public Works Code. The Director shall provide notice of the hearing at least 30 days before the hearing to any Person who has filed a written request for such notice, which notice may be given electronically if the Person has provided electronic contact information, or by mail.
      (2)   In the event of a continued hearing, the applicant shall cause notice of the continued hearing to be conspicuously and continuously posted on the premises of the Business for at least 10 days before the date of the continued hearing. The Director shall provide notice of the hearing electronically or by mail at least 10 days before the hearing to any Person who has filed a written request for such notice.
      (3)   The failure of the Director to provide the notice of the hearing to any Person who filed a written request as provided in Subsections (b)(1) and (2) of this Section shall not constitute grounds for invalidation of the actions of the Commission taken at the hearing.
   (c)   At the hearing on the application, the applicant and any other interested party, including the Police Department or any other public agency, may introduce evidence and present argument relating to the standards for review under Subsection (f) of this Section.
   (d)   (1)    The Entertainment Commission shall hold a hearing and determine whether to grant or deny the permit within 45 City business days of the date that the applicant has submitted a complete application under Section 1060.5(a), except that this 45 day period shall be extended for such period or periods of time that apply under the following circumstances:
         (A)   If the Entertainment Commission finds that an extension of time is necessary to obtain additional information for its review of the application under the standards set forth in Subsection (f) of this Section, the time period shall be extended for an additional amount of time as the Commission determines appropriate, up to 15 additional days; and
         (B)   Upon the applicant's request, the Entertainment Commission shall continue the hearing for an additional period of time to allow the applicant an opportunity to comply with the requirements of this Article, in which case the time period is extended for that additional period; and
         (C)   If the applicant fails to post or maintain notice of the hearing, or make a good faith effort to distribute leaflets to residences, as required by Subsection (b) of this Section, the Director shall have the hearing before the Entertainment Commission continued for such period or periods of time that the Director determines necessary for the applicant to comply with the posting requirement, in which case the time period is extended for that additional period or periods of time; and
         (D)   If the Director finds that the Commission is unable to meet during the 45 day time period or any permitted time extension due to exigent circumstances, the time period shall be extended until the Commission is able to meet; the Commission shall consider the matter at the first meeting that it conducts following such circumstances.
   (e)   (1)    If the permit applicant has not obtained all permits required for the Business from other City departments by the date of the hearing on the application, the Entertainment Commission may grant a conditional permit pending the issuance of the other required City permits; provided, however, the Commission shall take this action only if sufficient information has been provided to allow for adequate evaluation of the application and if grounds for denial, as set forth in Subsection (f), are not present. Any permit conditionally granted by the Entertainment Commission under this Subsection(e)(1) may be appealed to the Board of Appeals. Any such appeal shall be filed within 10 days of the decision of the Entertainment Commission's conditionally granting the permit. No Person may operate a Business for which a permit has been conditionally granted unless and until the Person has obtained all permits and authorizations required from other City departments.
      (2)   If the Entertainment Commission does not grant, conditionally grant or deny the permit for a Place of Entertainment within the time required by Subsection (d)(1) of this Section, including any extensions of time provided for in Subsection (d)(1), the permit sought by the applicant shall be deemed granted, conditioned on the requirements that the Permittee obtain all required permits from other City departments within nine months and comply with all the requirements of this Article. The time by which the Entertainment Commission must act commences on the date that the applicant has filed a completed application under Section 1060.5(a).
   (f)   The Entertainment Commission shall grant or conditionally grant a permit for a Place of Entertainment pursuant to this Article unless it finds:
      (1)   The premises or the proposed operation of the Business does not comply with the health, zoning, fire, and safety requirements of the laws of the State of California or ordinances of the City and County of San Francisco applicable to the Business; or
      (2)   Notwithstanding the mitigation provided under the Security Plan submitted by the applicant, the building, structure, equipment, or location of the proposed Business cannot adequately accommodate the type and volume of vehicle and pedestrian traffic anticipated; or
      (3)   The premises or the proposed operation of the Business lacks adequate safeguards to prevent emissions of noise, glare, dust, and odor that would substantially interfere with the public health, safety, and welfare or the peaceful enjoyment of neighboring property; or
      (4)   The permit applicant has not provided a Security Plan that adequately addresses the safety of persons and property and provides for the orderly dispersal of individuals and traffic.
      (5)   In addition to the findings stated in subsections (f)(1)-(4), if the proposed operation of the Business includes the emission of outdoor amplified sound within 300 feet of a hospital, school, place of worship, courthouse, public library, or mortuary during the normal hours of use of said facility, the Commission shall not grant the permit unless the Commission finds that the sound emitted will not be disruptive of the operations of said facility. If there are no other grounds for denial of the permit, the permit shall be issued where the sound emission would occur more than 300 feet from a hospital, school, place of worship, courthouse, public library, or mortuary, unless the Commission finds that the sound emitted will be disruptive of the operations of said facility.
      (6)   If there is an unresolved citation applicable to the premises that has been issued by a City department, the Entertainment Commission shall not grant the permit without documented authorization from the department that issued the citation.
      (7)   If the Chief of Police or the Chief’s designee, in person at the Entertainment Commission hearing on the permit application or in writing prior to the hearing, objects to the granting of the permit on the basis that the Commission should make one or more of the findings stated in Subsections (f)(1)-(5) above, the Commission may not issue the permit without specifically addressing the objection in writing or on the record at a Commission meeting, and explaining specifically why the objection does not warrant the finding. This explanation requirement applies but is not limited to objections raised by the Chief or Chief’s designee to the adequacy of a proposed security plan. For purposes of this Subsection (f)(7), the Captain for the district where the Place of Entertainment would be located, or the Captain’s designee, is deemed the Chief’s designee unless the Chief of Police directs otherwise.
      (8)   The explanation requirement stated in Subsection (f)(7) also applies to objections raised by other City departments; provided, however, that this subsection (f)(8) does not diminish the power of other City departments to issue permits or other authorization required for a Business to operate, and does not empower the Entertainment Commission to override a decision by another City department regarding the issuance of a permit or other authorization required for a Business to operate.
      (9)   When granting a permit, the Commission shall explain in writing or on the record at a Commission meeting, why it has not made any of the findings stated in subsections (f)(1)-(5).
      (10)   In considering whether to make any of the findings stated in subsections (f)(1)-(5), the Commission shall consider where relevant the circumstances surrounding any previous denial of a permit application or previous suspension or revocation of a permit, under this Article 15.1 or Article 15.2, for the same permit applicant or Permittee.
   (g)   Conditions on Permits.
      (1)   When the Commission grants or conditionally grants a permit, it shall require the applicant as a condition of the permit to comply with the Security Plan that has been approved as provided under this Article.
      (2)   Pursuant to its authority under subsection (e) of Section 2909 of this Code, when the Commission grants, conditionally grants, or amends a permit, it may require the Permittee as a condition of the permit to comply with noise limits that are lower or higher than those set forth in Article 29 of this Code. In considering whether to impose noise limits that are different from those in Article 29, the Commission may consider any or all of the following factors:
         (A)   Noise generated by licensed Places of Entertainment generally Citywide, as determined by Commission staff;
         (B)   Noise generated by the Place of Entertainment in the evening and nighttime;
         (C)   In the case of an amendment to an existing permit, the length of time the Place of Entertainment has operated, either under the current operator or prior operators;
         (D)   In the case of an amendment to an existing permit, whether the Commission, Police Department, and/or Department of Public Health have received noise complaints related to the operation of the Place of Entertainment;
         (E)   The proximity of the Place of Entertainment to other Places of Entertainment or commercial uses;
         (F)   The proximity of the Place of Entertainment to existing residential buildings;
         (G)   In the case of an amendment to an existing permit, whether the Place of Entertainment's operations preceded the construction or current use of the buildings in which complainants reside or work.
      (3)   The Commission may impose additional reasonable time, place and manner conditions on the permit. In considering whether to impose said conditions, the Commission shall consider where relevant the circumstances surrounding any previous denial of a permit application or previous suspension or revocation of a permit, under this Article or Article 15.2, for the same permit applicant or Permittee.
   (h)   If a Permittee has been conditionally granted a permit but has not obtained all of the permits required from other City departments within nine months from the date that the Entertainment Commission conditionally granted the permit, the conditionally granted permit shall expire by operation of law and be void. Notwithstanding the foregoing sentence, upon the Permittee's written request and a showing of good cause, the Commission may extend the aforementioned nine-month deadline for up to 24 months, subject to an additional extension or extensions totaling no more than 12 months beyond the aforementioned 24 months. In its discretion, the Commission may delegate to the Director, in whatever manner it deems appropriate, the power to extend the nine-month deadline.
   (i)   The Entertainment Commission shall maintain an updated list of all currently permitted Places of Entertainment, and shall provide that list, with updates as appropriate, to the Planning Department.
(Added by Ord. 140-70, App. 4/28/70; amended by Ord. 325-91, App. 9/4/91; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 216-02, File No. 021460, App. 11/1/2002; Ord. 262-04, File No. 041148, App. 11/4/2004; Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 70-15 , File No. 141298, App. 5/21/2015, Eff. 6/20/2015; Ord. 75-16 , File No. 160104, App. 5/13/2016, Eff. 6/12/2016; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
SEC. 1060.5.1.  DETERMINATION OF APPLICATION FOR LIMITED LIVE PERFORMANCE PERMIT.
   (a)   The applicant shall file the application for a Limited Live Performance Permit with the Director. The Director may require that the applicant or the applicant's agent file the application in person. Upon determining that an application is complete, the Director shall accept and file it and shall schedule a public hearing before the Entertainment Commission to determine whether the permit should be granted. The Director shall provide written notice of the hearing to the applicant by mail or to the applicant's agent by personal delivery at least 30 days before the date of the hearing.
   (b)   Notices.
      (1)   The applicant shall cause a notice of the hearing on a form provided by the Entertainment Commission to be conspicuously and continuously posted on the premises of the Business for at least 30 days before the scheduled hearing date. The Director shall promptly provide notice of the hearing to any Person who has filed a written request for such notice, which notice may be given electronically if the Person has provided electronic contact information, or by mail.
      (2)   The Director shall provide a copy of all Limited Live Performance Permit  applications and the corresponding public hearing notices within a specified geographic area to any Person who, in writing or by email, requests such and identifies the area. Such applications and notices shall be given at least 30 days prior to the date of the public hearings, or within 5 days after receipt of the request if the request is less than 30 days prior to the hearing.
      (3)   In the event of a continued hearing, the applicant shall cause notice of the continued hearing to be conspicuously and continuously posted on the premises of the Business for at least 10 days before the date of the continued hearing. The Director shall promptly provide notice of the continued hearing electronically or by mail to any Person who has filed a written request for such notice.
      (4)   The applicant shall file with the Commission a declaration under penalty of perjury affirming compliance with the notice requirement of subsection (b)(1) and, if applicable, subsection (b)(3), on the form provided by the Commission.
      (5)   The failure of the Director to provide the notice of the hearing to any Person who filed a written request as provided in Subsections (b)(1) and (2) shall not constitute grounds for invalidation of the actions of the Commission taken at the hearing.
   (c)   At the hearing on the application, the applicant and any other interested party, including the Police Department or any other public agency, may introduce evidence and present argument relating to the standards for review under Subsection (f).
   (d)   The Entertainment Commission shall hold a hearing and determine whether to grant or deny the permit within 45 City business days of the date that the applicant has submitted a complete application under Section 1060.5.1(a) except that this 45-day period shall be extended for such period or periods of time that apply under any of the following circumstances:
      (1)   If the Entertainment Commission finds that an extension of time is necessary to obtain additional information for its review of the application under the standards set forth in Subsection (f) of this Section, the time period shall be extended for an additional amount of time as the Commission determines appropriate, up to 15 additional days.
      (2)   Upon the applicant's request, the Entertainment Commission shall continue the hearing for an additional period of time to allow the applicant an opportunity to comply with the requirements of this Article, in which case the time period is extended for that additional period.
      (3)   If the applicant fails to post or maintain notice of the hearing as required by Subsection (b) of this Section, the Director shall have the hearing before the Entertainment Commission continued for such period or periods of time that the Director determines necessary for the applicant to comply with the posting requirement, in which case the time period is extended for that additional period or periods of time.
      (4)   If the Director finds that the Commission is unable to meet during the 45-day time period or any permitted time extension due to exigent circumstances, the time period shall be extended until the Commission is able to meet; the Commission shall consider the matter at the first meeting that it conducts following such circumstances.
   (e)   (1)   If the permit applicant has not obtained all permits required for the Business from other City departments by the date of the hearing on the application, the Entertainment Commission may grant a conditional permit pending the issuance of the other required City permits; provided, however, the Commission shall take this action only if sufficient information has been provided to allow for adequate evaluation of the application and if grounds for denial, as set forth in subsection (f), are not present. Any permit conditionally granted by the Entertainment Commission under this subsection (e)(1) may be appealed to the Board of Appeals. Any such appeal shall be filed within 10 days of the decision of the Entertainment Commission’s conditionally granting the permit. No Person may operate a Business for which a permit has been conditionally granted unless and until the Person has obtained all permits and authorizations required from other City departments.
      (2)   If the Entertainment Commission does not grant, conditionally grant, or deny the permit for a Limited Live Performance Locale within the time required by subsection (d), including any extensions of time provided for therein, the permit sought by the applicant shall be deemed granted, conditioned on the requirements that the Permittee obtain all required permits from other City departments within nine months and comply with all the requirements of this Article. The time by which the Entertainment Commission must act commences on the date that the applicant has filed a completed application under Section 1060.5.1(a).
   (f)   The Entertainment Commission shall grant or conditionally grant a Limited Live Performance Permit pursuant to this Article 15.1 unless it finds that:
      (1)   The premises or the proposed operation of the Business does not comply with the health, zoning, fire, and safety requirements of the laws of the State of California or ordinances of the City and County of San Francisco applicable to the Business; or
      (2)   The establishment does not qualify as a Limited Live Performance Locale as defined in Section 1060; or
      (3)   The presentation of Live Performances at the Limited Live Performance Locale will (A) generate the type and volume of vehicle and pedestrian traffic that will cause substantial congestion, (B) adversely affect the safety and security of persons, (C) impede the orderly dispersal of individuals and traffic, or (D) otherwise substantially interfere with the public health, safety, and welfare or the peaceful enjoyment of neighboring property due to excessive noise or any other factor. The Commission may impose conditions on the permit, including a security plan or time, place, and manner restrictions, if necessary and appropriate to guard against these adverse effects. The Limited Live Performance Permit is subject to Article 29 of this Code, regulating noise.
   (g)   In addition to the findings stated in subsections (f)(1)-(3), if the proposed operation of the Limited Live Performance Locale includes the emission of outdoor amplified sound within 300 feet of a hospital, school, place of worship, courthouse, public library, or mortuary during the normal hours of use of said facility, the Commission shall not grant the permit unless the Commission finds that the sound emitted will not be disruptive of the operations of said facility. If there are no other grounds for denial of the permit, the permit shall be issued where the sound emission would occur more than 300 feet from a hospital, school, place of worship, courthouse, public library, or mortuary, unless the Commission finds that the sound emitted will be disruptive of the operations of said facility.
   (h)   If there is an unresolved citation applicable to the premises that has been issued by a City department, the Entertainment Commission shall not grant the permit without documented authorization from the department that issued the citation.
   (i)   In considering whether to make any of the findings stated in subsections (f)(1)-(3) or the finding stated in subsection (g), or to impose conditions on a Limited Live Performance Permit, the Commission shall consider where relevant the circumstances surrounding any previous denial of a permit application or previous suspension or revocation of a permit, under this Article 15.1 or Article 15.2, for the same permit applicant or Permittee.
   (j)   If a Permittee has been conditionally granted a permit but has not obtained all of the permits required from other City departments within nine months from the date that the Entertainment Commission conditionally granted the permit, the conditionally granted permit shall expire by operation of law and be void. Notwithstanding the foregoing sentence, upon the Permittee’s written request and a showing of good cause, the Commission may extend the aforementioned nine-month deadline for up to 24 months, subject to an additional extension or extensions totaling no more than 12 months beyond the aforementioned 24 months. In its discretion, the Commission may delegate to the Director, in whatever manner it deems appropriate, the power to extend the nine-month deadline.
   (k)   If the Permit is for a Plaza as identified in Administrative Code Chapter 94, the Permit shall state that it automatically expires upon termination or expiration of the Real Estate Division license for that Plaza or termination or expiration of the Public Works permit for that Plaza issued pursuant to Chapter 94 of the Administrative Code. If the permit is for a People Place as identified in Administrative Code Chapter 94A, the Permit shall state that it automatically expires upon termination or expiration of the People Place Permit issued pursuant to Chapter 94A of the Administrative Code.
(Added by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; amended by Ord. 75-16 , File No. 160104, App. 5/13/2016, Eff. 6/12/2016; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)
SEC. 1060.5.2. DETERMINATION OF APPLICATION FOR FIXED PLACE OUTDOOR AMPLIFIED SOUND PERMIT.
   (a)   Application. The applicant shall file the application for a Fixed Place Outdoor Amplified Sound Permit with the Director. The Director may require that the applicant or the applicant’s agent file the application in person. Upon determining that an application is complete, the Director shall accept and file it and shall schedule a public hearing before the Entertainment Commission to determine whether the permit should be granted. The Director shall provide written notice of the hearing to the applicant by mail or to the applicant’s agent by personal delivery at least 30 days before the date of the hearing.
   (b)   Notices.
      (1)   The applicant shall cause a notice of the hearing to be conspicuously and continuously posted on the premises of the proposed Fixed Place Outdoor Amplified Sound Locale for at least 30 days before the scheduled hearing date. The Director shall promptly provide notice of the hearing to any Person who has filed a written request for such notice, which notice may be given electronically if the Person has provided electronic contact information, or by mail.
      (2)   The Director shall provide a copy of all Fixed Place Outdoor Amplified Sound Permit applications and the corresponding public hearing notices within a specified geographic area to any Person who, in writing or by email, requests such and identifies the area. Such applications and notices shall be given at least 30 days prior to the date of the public hearings, or within 5 days after receipt of the request if the request is less than 30 days prior to the hearing.
      (3)   In the event of a continued hearing, the applicant shall cause notice of the continued hearing to be conspicuously and continuously posted on the premises for at least 10 days before the date of the continued hearing. The Director shall promptly provide notice of the continued hearing electronically or by mail to any Person who has filed a written request for such notice.
      (4)   The failure of the Director to provide the notice of the hearing to any Person who filed a written request as provided in subsections (b)(1) and (2) shall not constitute grounds for invalidation of the actions of the Commission taken at the hearing.
   (c)   At the hearing on the application, the applicant and any other interested party, including the Police Department or any other public agency, may introduce evidence and present argument relating to the standards for review under subsection (f).
   (d)   Timing. The Entertainment Commission shall hold a hearing and determine whether to grant or deny the permit within 45 City business days of the date that the applicant has submitted a complete application under Section 1060.3.2, except that this 45-day period shall be extended for such period or periods of time that apply under any of the following circumstances:
      (1)   If the Entertainment Commission finds that an extension of time is necessary to obtain additional information for its review of the application under the standards set forth in subsection (f), the time period shall be extended for an additional amount of time as the Commission determines appropriate, up to 15 additional days.
      (2)   Upon the applicant’s request, the Entertainment Commission shall continue the hearing for an additional period of time to allow the applicant an opportunity to comply with the requirements of this Article 15.1, in which case the time period is extended for that additional period.
      (3)   If the applicant fails to post or maintain notice of the hearing as required by subsection (b), the Director shall have the hearing before the Entertainment Commission continued for such period or periods of time that the Director determines necessary for the applicant to comply with the posting requirement, in which case the time period is extended for that additional period or periods of time.
      (4)   If the Director finds that the Commission is unable to meet during the 45-day time period or any permitted time extension due to exigent circumstances, the time period shall be extended until the Commission is able to meet; the Commission shall consider the matter at the first meeting that it conducts following such circumstances.
   (e)   Conditional Grant.
      (1)   If the permit applicant has not obtained all permits required for the Business from other City departments by the date of the hearing on the application, the Entertainment Commission may grant a conditional permit pending the issuance of the other required City permits; provided, however, the Commission shall take this action only if sufficient information has been provided to allow for adequate evaluation of the application and if grounds for denial, as set forth in subsection (f), are not present. Any permit conditionally granted by the Entertainment Commission under this subsection (e)(1) may be appealed to the Board of Appeals. Any such appeal shall be filed within 10 days of the decision of the Entertainment Commission conditionally granting the permit. No Person may operate Amplified Sound Equipment for which a permit has been conditionally granted unless and until the Person has obtained all permits and authorizations required from other City departments.
      (2)   If a Permittee has been conditionally granted a permit but has not obtained all of the permits required from other City departments within nine months from the date that the Entertainment Commission conditionally granted the permit, the conditionally granted permit shall expire by operation of law and be void. Notwithstanding the foregoing sentence, upon the Permittee’s written request and a showing of good cause, the Commission may extend the aforementioned nine-month deadline for up to 24 months, subject to an additional extension or extensions totaling no more than 12 months beyond the aforementioned 24 months. In its discretion, the Commission may delegate to the Director, in whatever manner it deems appropriate, the power to extend the nine-month deadline.
      (3)   If the Entertainment Commission does not grant, conditionally grant, or deny the permit for a Fixed Place Outdoor Amplified Sound Locale within the time required by subsection (d), including any extensions of time provided for therein, the permit sought by the applicant shall be deemed granted, conditioned on the requirements that the Permittee obtain all required permits from other City departments within nine months and comply with all the requirements of this Article 15.1. The time by which the Entertainment Commission must act commences on the date that the applicant has filed a completed application under Section 1060.5.2(a).
   (f)   Grounds for Denial.
      (1)   The Commission shall grant or conditionally grant a Fixed Place Outdoor Amplified Sound Permit pursuant to this Article 15.1 unless it finds that:
         (A)   The premises or the proposed operation of the Business does not comply with the health, zoning, fire, and safety requirements of the laws of the State of California or ordinances applicable to the Business;
         (B)   The proposed use of outdoor Amplified Sound Equipment at the premises is unsuitable for the area covered by the requested permit and/or incompatible with other neighborhood activities because it will (i) substantially interfere with the public health, safety, and welfare or the peaceful enjoyment of neighboring property; (ii) generate the type and volume of vehicle and pedestrian traffic that will cause substantial congestion and/or impede the orderly dispersal of individuals and traffic, or (iii) adversely affect the safety and security of persons, including traffic and pedestrian safety. In making such determinations, the Commission may consider prior complaints it has received from neighboring businesses and/or residents pertaining to the applicant’s activities and/or the applicant’s prior violations of City noise ordinances, provided that a prior violation shall not, by itself, be grounds for denial of a permit.
         (C)   There has been a previous denial of a permit application or previous suspension or revocation of a permit issued by the Entertainment Commission for the same permit applicant within the last 12 months, or the specific circumstances surrounding a previous denial, suspension, or revocation from more than one year ago warrant denial; or
         (D)   The outdoor amplified sound would be emitted within 300 feet of a hospital, school, place of worship, courthouse, public library, or mortuary during the normal hours of use of said facility, unless the Commission finds that the sound emitted will not be disruptive of the operations of said facility. If there are no other grounds for denial of the permit, the permit shall be issued where the sound emission would occur more than 300 feet from a hospital, school, place of worship, courthouse, public library, or mortuary, unless the Commission finds that the sound emitted will be disruptive of the operations of said facility.
      (2)   If there is an unresolved citation applicable to the premises that has been issued by a City department, the Entertainment Commission shall not grant the permit without documented authorization from the department that issued the citation.
      (3)   If the Chief of Police or the Chief’s designee, or the Director of the Department of Public Health or the Director’s designee, in person at the Entertainment Commission hearing on the permit application or in writing prior to the hearing, objects to the granting of the permit on the basis that one or more of the findings stated in subsections (f)(1)(A)-(D) above apply, the Commission may not issue the permit without specifically addressing the objection in writing, or on the record at a Commission meeting, and explaining specifically why the objection does not warrant the finding. The explanation requirement stated in the foregoing sentence also applies to objections raised by other City departments.
      (4)   In considering whether to make any of the findings stated in subsections (f)(1)(A)-(D) or to impose conditions on a Fixed Place Outdoor Amplified Sound Permit, the Commission shall consider where relevant the circumstances surrounding any previous denial of a permit application, previous suspension or revocation of a permit, or previous citations or penalties for violations under this Article 15.1 or Article 15.2, for the same permit applicant or Permittee.
      (5)   When granting a permit, the Commission shall explain in writing or on the record, at a Commission meeting, why it has not made any of the findings stated in subsections (f)(1)(A)-(D) above.
   (g)   Conditions on Permits.
      (1)   When the Commission grants or conditionally grants a permit, it shall require the applicant as a condition of the permit to comply with the outdoor amplified sound regulations in Section 1060.16 of this Article 15.1, unless the Commission finds grounds for different limits on outdoor amplified sound. In considering whether to impose sound limits that are different from those in Section 1060.16, the Commission shall consider the factors enumerated in subsection (c) of Section 1060.16.
      (2)   The Commission may impose additional reasonable time, place, and manner conditions on the permit. The Commission shall in no event impose conditions pursuant to this Section 1060.5.2 which are designed to limit the content of First Amendment expression engaged in by persons governed by the permit or which unreasonably interfere with the right of free speech.
(Added by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
SEC. 1060.6.  PRIVATE CLUB.
   No establishment issued a permit pursuant to this Article may allow the premises to be used solely for the purpose of conducting a private club between the hours of 2:00 a.m. and 6:00 a.m.
(Added by Ord. 140-70, App. 4/28/70)
SEC. 1060.7.1.  SOLICITATION OF DRINKS OR MERCHANDISE.
   No operator of a Place of Entertainment or Limited Live Performance Locale shall employ or permit any hostess, entertainer or person to solicit any patron or customer of or visitor in said Place of Entertainment or Limited Live Performance Locale to purchase any beverage or merchandise for the one soliciting or for any other person.
(Added by Ord. 306-73, App. 8/6/73; amended by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011)
SEC. 1060.8.  LIGHTING.
   Every establishment which has received a permit pursuant to this Article shall be lighted throughout to an intensity of not less than 12 foot candles during all hours of operation except while the floor show is in progress.
(Added by Ord. 140-70, App. 4/28/70)
SEC. 1060.9.  MISCELLANEOUS RULES.
   No professional entertainer or employee may dance with any customer on the premises in any Place of Entertainment or Limited Live Performance Locale.
(Added by Ord. 140-70, App. 4/28/70; amended by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011)
SEC. 1060.9.1.  REQUIREMENT FOR STAGE.
   Entertainers whose breasts are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least 6 feet from the nearest patron.
(Added by Ord. 273-73, App. 7/6/73)
SEC. 1060.10.  BOOTHS.
   It shall be unlawful for any person operating a place of entertainment under the provisions of this Article in the City and County of San Francisco, or any agent, employee or representative thereof, to erect, construct, maintain, or cause or permit to be erected, constructed or maintained, within such place of entertainment any private rooms, booths, enclosures or compartments, or any closed stalls, or any alcoves of any nature, so arranged that the inner portion of the same shall not at all times be visible from any point in the place of entertainment where such rooms, booths, enclosures, compartments, stalls or alcoves should be reasonably within view.
(Added by Ord. 140-70, App. 4/28/70)
SEC. 1060.11.  POLICE – INSPECTION.
   The Police Department, in addition to their several other duties, shall inspect any and all establishments which have been issued a permit pursuant to this Article.
(Added by Ord. 140-70, App. 4/28/70)
SEC. 1060.12.  NOISE ABATEMENT.
   Whenever, upon due notice and hearing, it shall be determined that noise from any establishment which has been issued a permit pursuant to this Article interfered with the right of persons dwelling in the vicinity of such establishment to the peaceful and quiet use and enjoyment of their property, the Entertainment Commission may require that the premises be soundproofed in a manner that in the judgment of the Entertainment Commission will be effective to eliminate the noise or reduce it to a reasonable level. In taking any action under this Section, the Entertainment Commission must balance all of the interests of the respective parties, as well as the hardship which will result from any order. If the Entertainment Commission finds that the noise complained of is of a minimum or inconsequential degree, no action shall be taken under this Article. If a permittee fails, within a reasonable time and in no event more than 60 days after having been ordered to do so pursuant to this Article, to abate any noise, his permit shall be suspended after a second hearing, due notice of which is given, until such time as he complies with the order.
(Added by Ord. 140-70, App. 4/28/70; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)
SEC. 1060.13.  MINORS.
   No person under 21 years of age shall enter, be, or remain in or on any premises on or in which any exhibition of the human body, as described in the definition of Entertainment in Section 1060, is presented, and permittee shall not permit such a person to enter, be, or remain in or on any such premises.
(Added by Ord. 140-70, App. 4/28/70; amended by Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013; Ord. 163-17 ,, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
SEC. 1060.14.  REGULATION OF SIGNS.
   No sign or signs, paintings, photographs, pictorial representations, or any other visual means shall be maintained, erected, used or placed upon or adjacent to the outside of any building, or in connection with any premises therein, which has received a permit pursuant to this Article, if it shows, reveals or depicts, in whole or in part, the following:
      (1)   The performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, copulation (oral, anal or vaginal), flagellation or any sexual acts which are prohibited by law;
      (2)   The actual or simulated caressing or fondling by one adult human being of the breast, buttocks, anus or genitals of another adult human being;
      (3)   The actual or simulated displaying of the pubic hair, anus, vagina, penis, vulva, buttocks, or any other external genitalia of the human body;
      (4)   Any portion of the nude female breast below the top of the areola.
(Amended by Ord. 71-73, App. 2/23/73)
SEC. 1060.15.  SOUND TEST AND SOUND MONITORING.
   (a)   Sound Test. As a condition of any permit issued under this Article 15.1, the Commission or the Director shall have the authority to require a sound test to be performed by a Commission sound inspector to ensure compliance with the allowable noise limits under this Article 15.1, Section 49 and Article 29 of the Police Code, or any alternative noise limits set by the Commission in the permit.
   (b)   Sound Monitoring. As a condition of any permit issued under this Article 15.1, the Commission or the Director shall have the authority to require sound monitoring to be performed by a Commission sound inspector to ensure compliance with the allowable noise limits under this Article, Section 49 and Article 29 of the Police Code, or any alternative noise limits set by the Commission in the permit as authorized by subsection (e) of Section 2909 of this Code, and may assess the hourly sound monitoring fee set forth in Section 2.26 for such purposes.
(Amended by Ord. 71-73, App. 2/23/73; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013; Ord. 70-15 , File No. 141298, App. 5/21/2015, Eff. 6/20/2015; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
SEC. 1060.16.  OUTDOOR AMPLIFIED SOUND REGULATIONS.
   (a)   Findings. The use or operation of amplified sound equipment to project sound outside of any building or at any location out of doors in the City may be detrimental to the health, welfare, and safety of the inhabitants of the City, in that such use or operation diverts the attention of pedestrians and vehicle operators in the public streets and places, thus increasing traffic hazards and potentially causing injury to life and limb. Further, such use or operation may disturb the public peace and comfort and the peaceful enjoyment by the people of their rights to use the public streets and places for street and other public purposes, and may disturb the peace, quiet, and comfort of the neighboring inhabitants. Therefore, the proper regulation of such use and operation of outdoor amplified sound equipment as set forth in this Section 1060.16 and Sections 1060.5.2, 1060.27, and 1060.29.2 is essential to protect the health, welfare, and safety of the inhabitants of the City, to secure the health, safety, comfort, convenience, and peaceful enjoyment by the people of their rights to use the public streets and places, and to secure the peace, quiet, and comfort of the City’s inhabitants.
   (b)   Unless otherwise permitted by the Entertainment Commission following a public hearing, and except as to Sound Truck Permits which are governed by Section 1060.27 of this Article 15.1, any permit issued pursuant to this Article that authorizes the use of Amplified Sound Equipment to project sound outside of any building or at any location out of doors in the City shall include the following conditions with regard to outdoor amplified sound:
      (1)   Hours of operation of outdoor Amplified Sound Equipment shall be no earlier than 9:00 a.m. and no later than 10:00 p.m.;
      (2)   Amplified speech and music shall not be unreasonably loud, raucous, or jarring to persons of normal sensitivities within the area of audibility, nor louder than permitted in subsection (c); and
      (3)   The volume of outdoor sound shall be controlled so that it will not be audible for a distance in excess of 250 feet from the property line of the Business or premises or from the periphery of the attendant audience.
   (c)   In considering whether to impose noise limits that are different from those in subsection (b) of this Section 1060.16, the Commission shall consider the following factors:
      (1)   Whether the Business, premises, or event will generate outdoor amplified sound in the evening;
      (2)   In the case of an amendment to an existing permit, the length of time the Business or premises has operated, either under the current operator or prior operators;
      (3)   In the case of an amendment to an existing permit, whether the Commission, Police Department, Department of Public Health, or other City entity has received noise complaints related to the operation of the Business or premises;
      (4)   The proximity of the Business or premises to other outdoor amplified sound or commercial uses;
      (5)   The proximity of the Business or premises to existing residential buildings; and/or
      (6)   The proximity of the Business or premises to hospitals, schools, houses of worship, courthouses, public libraries, or mortuaries and those facilities’ normal hours of use.
   (d)   For Fixed Outdoor Amplified Sound permits, a Commission sound inspector shall perform a sound test per Section 1060.15 of this Code before the Permittee may commence operations under the permit. The Commission may also require that a Commission sound inspector perform a sound test per Section 1060.15 before a Permittee may commence operations under a One Time Amplified Sound Permit.
(Added by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
SEC. 1060.17.  REMOVAL OF SIGNS AND PICTORIAL REPRESENTATION.
   Any sign, or signs, or portions thereof, in violation of Sections 1060.14 shall be removed within 60 days after the effective date of this Article.
(Amended by Ord. 71-73, App. 2/23/73; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)
SEC. 1060.18.  VISIBILITY FROM THE STREET.
   No operator of a Place of Entertainment shall permit, or cause to be permitted, any Entertainment as defined in Section 1060(g)(4) that would be visible at any time from the street, sidewalk or highway.
(Added by Ord. 140-70, App. 5/28/70; amended by Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)
SEC. 1060.19.  PERMIT FEE; EXEMPTIONS.
   (a)   Place of Entertainment, Limited Live Performance, and Fixed Place Outdoor Amplified Sound Permit Fee Exemptions.
      (1)   The provisions of Section 1060.2 relating to a permit fee shall not apply to any Place of Entertainment, Limited Live Performance Locale, or Fixed Place Outdoor Amplified Sound Locale used exclusively for any of the following purposes: Places of Entertainment, Limited Live Performance Locales, or Fixed Place Outdoor Amplified Sound Locales that are operated by any public agency or by any educational, recreational, or social agency, or by any bona fide fraternal, charitable, religious, benevolent, or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political, and civic welfare, to which admission is limited to members and guests and revenue accruing therefrom is to be used exclusively for the benevolent purposes of said organization and which organization or agency is exempt from taxation under the Internal Revenue laws of the United States as a bona fide fraternal, charitable, religious, benevolent, or nonprofit organization.
      (2)   Notwithstanding the above subsection (a)(1), the Steward or permittee for a Plaza as identified in Administrative Code Chapter 94 and a People Place as identified in Administrative Code Chapter 94A shall be subject to the permit fee of Section 1060.2 .
   (b)   One Time Event and One Time Outdoor Amplified Sound Permit Fee Exemption and Waiver.
      (1)   Exemption. The provisions of Section 1060.2 relating to a permit fee shall not apply to a One Time Event or One Time Outdoor Amplified Sound Event permit application filed by an entity that has received City funds specifically for the event that is the subject of the permit application.
      (2)   Fee Waivers.
         (A)   Individuals. The Director may grant an individual applicant an exemption from paying the filing fee for a One Time Event or One Time Outdoor Amplified Sound Event Permit upon the applicant’s filing under penalty of perjury a declaration of financial hardship on the form provided by the Entertainment Commission. The form shall use the indigency standards set out in California Government Code Section 68632, as amended from time to time. The applicant shall submit the financial hardship declaration concurrently with the permit application.
         (B)   Nonprofit and Neighborhood Organizations. The Director may grant a nonprofit organization, neighborhood association, or similar community-based group an exemption from paying the filing fee for a One Time Event or One Time Outdoor Amplified Sound Permit for an event if (i) the proposed event is free and open to the public, and (ii) the filing fee is more than 25% of the total projected budget for the event.
(Added by Ord. 140-70, App. 4/28/70; amended by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 82-14 , File No. 140064, App. 6/13/2014, Eff. 7/13/2014; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)
SEC. 1060.20.  SUSPENSION.
   (a)   Permits issued under this Article may be suspended by the Entertainment Commission and the Director as follows
      (1)   The Entertainment Commission may suspend a permit issued under this Article as provided in Section 1060.20.1.
      (2)   The Director may issue an order of limited suspension as provided in Section 1060.20.2, which order the Permittee may appeal to the Entertainment Commission.
      (3)   The Director may issue an order of suspension for public safety as provided in Section 1060.20.3, which order is not appealable to the Entertainment Commission.
      (4)   The Entertainment Commission and the Director have independent authority to suspend permits; the action of one does not limit action by the other.
   (b)   Every Permittee shall request emergency medical services when any person who has been injured on the premises of the Business needs emergency medical services. The failure to request such services, when such a request would have been reasonable under the circumstances, shall be grounds for suspension of the permit. The Entertainment Commission and Director may allow any circumstances involving the operation of the Business that relate to the injury as evidence supporting suspension of a permit, but may not allow the request itself as evidence to support suspension.
   (c)   When considering whether to suspend a permit under this Article, the Commission and the Director shall consider any previous denial of a permit application or previous suspension or revocation of a permit, under this Article or Article 15.2, for the same permit applicant or Permittee when the circumstances warranting the previous action are relevant to the current determination.
(Added by Ord. 140-70, App. 4/28/70; amended by Ord. 325-91, App. 9/4/91; Ord. 81-00, File No. 000390, App. 5/5/2000; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 239-09, File No. 080323, App. 11/20/2009)
SEC. 1060.20.1.  SUSPENSION BY THE ENTERTAINMENT COMMISSION.
   (a)   GROUNDS FOR SUSPENSION. The Entertainment Commission may suspend any permit issued under this Article under any of the following circumstances:
      (1)   The premises or operation of the Business does not comply with the health, zoning, fire, and safety requirements of the laws of the State of California and ordinances of the City and County of San Francisco applicable to the Business; or
      (2)   The Permittee or an employee or agent of the Permittee has operated the Business:
         (A)   In a manner that has harmed the public health, safety, or welfare by significantly increasing pedestrian congestion, the incidence of disorderly conduct, or the level of noise in the area in which the premises are located, and
         (B)   The Permittee has refused or failed, upon request by the Police Department, Entertainment Commission or the Director, to take reasonable steps to alleviate these conditions, such as providing additional off-street parking, security, soundproofing, restroom facilities, or refuse containers; or
      (3)   (A)    The Permittee or any employee or agent of the Permittee has engaged in conduct on the premises of the Business, or in connection with the operation of the Business, that would constitute a violation of any of the following laws: assault and battery (Cal. Penal Code §§ 240, 242, 245); sexual battery (Cal. Penal Code § 243.4); discharging firearm (Cal. Penal Code §§ 246, 246.3); unlawful weapons (Cal. Penal Code § 12020; S.F. Police Code § 1291); disturbing the peace (Cal. Penal Code §§ 415, 416, 417); unlawful threats (Cal. Penal Code § 422); obstruction of pedestrian or vehicle right-of-way (Cal. Penal Code § 370); gambling (Cal. Penal Code §§ 330, 337a); rape (Cal. Penal Code § 261); statutory rape (Cal. Penal Code § 261.5); prostitution and related offenses (Cal. Penal Code §§ 266, 266a, 266e, 266h, 266i, 315, 316, 647(b)); sex crimes for which registration is required under the Sex Offender Registration Act (Cal. Penal Code § 290); felony sexual assault; loitering for lewd or lascivious purposes (Cal. Penal Code § 647(d)); loitering on private property without lawful business (Cal. Penal Code § 647(h)); identify theft (Cal. Penal Code § 530.5); a violent felony warranting enhancement of a prison term (Cal. Penal Code § 667.5); criminal gang activity (Cal. Penal Code § 186.22); drug offenses (Cal. Health & Safety Code §§ 11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 11379.5); violation of Alcohol Beverage Control laws (Cal. Business & Professions Code §§ 23300, 25602, 25631, 25657, 25658); public urination or defecation (San Francisco Police Code § 153); accumulation of filth (Cal. Health & Safety Code § 17920.3(j)); or excessive noise emissions (San Francisco Police Code Section 49 or Article 29); or
         (B)   The Permittee has failed to take reasonable steps within the Permittee's control upon the request of the Police Department, the Entertainment Commission or the Director to halt conduct on the premises of the Business, or in connection with the operation of the Business, that would constitute a violation of the laws set forth in Section (a)(3)(A) of this Section; or
         (C)   The Permittee in the operation of the Business has implemented, maintained, or permitted an admission or related policy or practice prohibited by San Francisco Police Code Section 3305 (prohibiting discrimination); or
      (4)   The Permittee or any employee or agent of the Permittee has violated any requirement of this Article or any other applicable ordinance, any regulation adopted pursuant to this Article, or any condition placed on the permit; or
      (5)   The Permittee has failed to submit a proposed Security Plan as required by Section 1060.31; or
      (6)   The Permittee or any agent or employee of the Permittee has failed to comply with an approved Security Plan as required by Section 1060.31 or a revised Security Plan as required by Section 1060.32; or
      (7)   The Permittee or any agent or employee of the Permittee has failed to request emergency medical services as required by Section 1060.20(b).
   (b)   HEARING PROCEDURE AND DETERMINATION.
      (1)   The Entertainment Commission shall give the Permittee and the Manager written notice of a hearing to determine whether to suspend a permit. The notice shall set forth the grounds for the proposed suspension and the date, time and location of the hearing.
      (2)   The Chief of Police or the Chief's designee may request in writing that the Director bring a suspension proceeding before the Entertainment Commission. If, within 10 business days of receiving the request, the Director has not brought the suspension proceeding, the Chief may bring the suspension proceeding before the Entertainment Commission. In such a case, the Chief or the Chief's representative shall present the case for suspension. The Director may join in presenting the case for suspension if the Director agrees to do so.
   (c)   PERIOD OF SUSPENSION. The Entertainment Commission may suspend a permit for the periods of time set forth in this Subsection (c).
      (1)   For the first violation under Subsection (a)(1) through (7) of this Section, for up to 30 days.
      (2)   For the second violation of the same or any other provision of Subsection (a)(1) through (7) within six months of the order of suspension for the first violation, for up to 60 days.
      (3)   For the third and subsequent violation of the same or any other provision of Subsection (a)(1) through (7) within six months of the order of suspension for the second or any subsequent violation, for up to 90 days.
      (4)   For the purpose of Subsections (c)(2) and (3) of this Section, calculation of the six months shall not include any period of time during which the permit was suspended.
      (5)   In determining the length of the suspension, the Entertainment Commission shall consider the seriousness and the frequency of the violation(s) in light of the effort taken to correct them and the impact of the violation(s) on the surrounding neighborhood.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009; amended by Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013; Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014)
SEC. 1060.20.2.  LIMITED SUSPENSION BY THE DIRECTOR; APPEAL TO ENTERTAINMENT COMMISSION.
   (a)   GROUNDS FOR SUSPENSION. The Director may suspend any permit issued under this Article for a period of up to fifteen days if the Director determines, after providing the Permittee, or his or her agent, including but not limited to the Manager, at least five days written notice and an opportunity to respond, that any of the circumstances set forth in Subsections (a)(1), (2), or (3) of this Section has occurred. Each order of limited suspension may include multiple violations under Subsections (a)(1), (2), or (3) of this Section. The Director shall provide the written notice required under this Subsection either by mail and electronically or by personal delivery.
      (1)   The Business has exceeded the allowable noise emissions under Section 49 or Article 29 of the San Francisco Police Code, or as required under any condition imposed on the permit, on three separate days within a three month time period. The Director may suspend a permit under this Subsection (a)(1) only if:
         (A)   The San Francisco Police Department, the Director, or an authorized agent of either has issued a noise emission report for each violation showing noise levels that exceed those allowed under Section 49 or Article 29 of the San Francisco Police Code, or as required under any condition imposed on the permit, and
         (B)   The Director has provided notice of the issuance of each noise emission report to the Permittee or his or her agent, including but not limited to the Manager electronically or by mail within three City business days of its issuance.
      (2)   The Permittee or any employee or agent of the Permittee has engaged in Conduct that Constitutes a Nuisance or the Permittee has failed to take reasonable steps within the Permittee's control to halt another Person from engaging in Conduct that Constitutes a Nuisance. "Conduct that Constitutes a Nuisance" as defined in Section 1060(d), means any conduct that would constitute a violation of the following laws: assault and battery (Cal. Penal Code § 240, 242, 245); sexual battery (Cal. Penal Code § 243.4); discharging firearm (Cal. Penal Code § 246, 246.3); unlawful weapons (Cal. Penal Code § 12020; S.F. Police Code § 1291); disturbing the peace (Cal. Penal Code § 415, 416, 417); unlawful threats (Cal. Penal Code § 422); obstruction of pedestrian or vehicle right-of-way (Cal. Penal Code § 370); gambling (Cal. Penal Code §§ 330, 337a); rape (Cal. Penal Code § 261); statutory rape (Cal. Penal Code § 261.5); prostitution and related offenses (Cal. Penal Code §§ 266, 266a, 266e, 266h, 266i, 315, 316, 647(b)); sex crimes for which registration is required under the Sex Offender Registration Act (Cal. Penal Code § 290); felony sexual assault; loitering for lewd or lascivious purposes (Cal. Penal Code § 647(d)); loitering on private property without lawful business (Cal. Penal Code § 647(h)); identify theft (Cal. Penal Code § 530.5); a violent felony warranting enhancement of a prison term (Cal. Penal Code § 667.5); criminal gang activity (Cal. Penal Code § 186.22); drug offenses (Cal. Health & Safety Code §§ 11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 11379.5); violation of Alcohol Beverage Control laws (Cal. Business & Professions Code §§ 23300, 25602, 25631, 25657, 25658); public urination or defecation (San Francisco Police Code § 153); accumulation of filth (Cal. Health & Safety Code § 17920.3(j)); or excessive noise emissions (San Francisco Police Code Section 49 or Article 29).
         This Subsection (a)(2) applies only when both of the following apply:
         (A)   The conduct occurred on the premises of, or on Any Sidewalk Abutting the Premises of, the Business, and
         (B)   The conduct continued after the Director had notified the Permittee of the problem and informed the Permittee of Corrective Action, as defined in Section 1060, to address the problem, but the Permittee failed to take the Corrective Action.
      (3)   The Permittee or any agent or employee of the Permittee has failed to comply with an approved Security Plan as required by Section 1060.31 or a revised Security Plan as required by Section 1060.32.
   (b)   (1)    ISSUANCE OF ORDER; RIGHT TO APPEAL TO COMMISSION. On the day that the Director issues an order of limited suspension, the Director shall send the order to the Permittee and Manager by mail or electronically. The order shall state the date that the order issued and the date that it takes effect. To provide the Permittee with an opportunity to file an appeal to the Entertainment Commission, an order of limited suspension shall not take effect for at least five City business days from the date that the Director issues the order.
      (2)   A Permittee may appeal an order of limited suspension to the Entertainment Commission by filing with the Commission Secretary a written request for review within five City business days of the date that the Director has issued the order. The filing of an appeal stays the order pending the Commission's decision. If a Permittee withdraws the appeal, the Director's order shall no longer be stayed and shall take effect on the date of the withdrawal or the date that the order was to take effect, whichever is later.
      (3)   The Commission may affirm, overturn, or modify the Director's order. When the Commission affirms or modifies the Director's order, the order takes effect the day following the day of the hearing at which the Commission made its determination.
      (4)   If the Permittee does not file a timely appeal of the Director's order, the order shall take effect the day after the time to appeal has expired or the effective date set forth in the order, whichever is later; provided, however, that the Director and the Permittee may agree in writing to an earlier effective date.
      (5)   The Entertainment Commission may adopt a regulation establishing a procedure which would allow the Director or the Commission, or both, to stay and vacate an order of limited suspension if the Permittee submits and complies with a plan to address the problems that gave rise to the suspension.
   (c)   The Director shall initiate suspension proceedings before the Commission under Section 1060.20.1 against any Business that is suspended by the Director under this Section three times in any twelve-month period. For purposes of this Subsection (c), "suspended by the Director" includes a suspension affirmed in whole or part or modified by the Commission if appealed pursuant to Subsection (b)(2) but does not include a suspension overturned by the Commission on appeal. This Subsection (c) shall not in any way preclude the Commission from otherwise exercising its authority to suspend a Business under Section 1060.20.1, or preclude the Director or Chief of Police or Chief's designee from initiating a suspension proceeding under Section 1060.20.1.
   (d)   POLICE DEPARTMENT RECOMMENDATION OF LIMITED SUSPENSION BY THE DIRECTOR. The Chief of Police, or the Chief's designee, may recommend to the Director, orally or in writing, that the Director suspend a permit in accordance with the grounds for suspension stated in Subsection (a) above. If the recommendation is oral, it shall later be reduced to writing and filed with the Director when time permits. If the Director fails to follow the oral or written recommendation, the Director shall report to the Entertainment Commission both the recommendation and the reason or reasons for not following the recommendation. This report shall occur at the next regular Commission meeting subsequent to the recommendation, consistent with the provisions of the Brown Act and Sunshine Ordinance. For purposes of this Subsection (d), the Captain for the district where the Place of Entertainment is located, or the Captain's designee, is deemed the Chief's designee unless the Chief of Police directs otherwise.
      This Subsection (d) shall not preclude any Police Officer from recommending to the Director that the Director suspend a permit in accordance with the grounds for suspension stated in Subsection (a) above.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009; amended by Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)
SEC. 1060.20.3.  SUSPENSION FOR PUBLIC SAFETY BY THE DIRECTOR.
   (a)   GROUNDS FOR SUSPENSION. The Director may suspend any permit issued under this Article for up to 72 hours if the Director determines, after providing the Permittee at least 8 hours written notice and an opportunity to respond, that any of the circumstances set forth in Subsection (a)(1)(A) or (B) of this Section has occurred either on the Premises of the Business, on Any Sidewalk Abutting the Premises of the Business, or within 100 feet of the Premises of the Business, provided in this last instance that the person engaging in the conduct that would constitute a violation of a law specified in Subsection (a)(1)(A) had been on the Premises of the Business no more than 30 minutes before engaging in that conduct; that the conduct has resulted or could have resulted in serious bodily injury or death; and that continued operation of the Business poses a serious threat to public safety.
      (1)   (A)    The Permittee or any employee or agent of the Permittee has engaged in conduct that would constitute a violation of any of the following laws: assault and battery (Cal. Penal Code §§ 240, 242, 245); felony sexual assault; sexual battery (Cal. Penal Code § 243.4); rape (Cal. Penal Code § 261); statutory rape (Cal. Penal Code § 261.5); pimping (Cal. Penal Code § 266); discharging firearm (Cal. Penal Code §§ 246, 246.3); unlawful weapon (Cal. Penal Code § 12020; S.F. Police Code § 1291); disturbing the peace (Cal. Penal Code §§ 415, 416, 417); unlawful threats (Cal. Penal Code § 422); a violent felony warranting enhancement of a prison term (Cal. Penal Code § 667.5); criminal gang activity (Cal. Penal Code § 186.22); or
         (B)   The Permittee has failed to take reasonable steps within the Permittee's control and within the limits of the law to halt the conduct of another Person that would constitute a violation of any law described in Subsection (a)(1)(A) of this Section.
   (b)   NOTICE OF PROPOSED ORDER. The Director shall provide the written notice required under Subsection (a) of this Section to the Permittee by personal delivery and electronically.
   (c)   EFFECTIVE DATE AND TIME OF ORDER. The order of suspension for public safety issued under this Section shall take effect at the date and time stated in the order.
   (d)   DIRECTOR MAY VACATE ORDER. The Director may vacate an order of suspension for public safety if the Director determines that operation of the Business before expiration of the suspension order will not pose a danger to the public because additional information demonstrates that the conduct was not related to the operation of the Business, the Permittee has taken adequate steps to correct the problem giving rise to the suspension, or other circumstances warrant such action.
   (e)   POLICE DEPARTMENT RECOMMENDATION OF SUSPENSION FOR PUBLIC SAFETY. The Chief of Police, or the Chief's designee, may recommend to the Director, orally or in writing, that the Director suspend a permit for public safety in accordance with the grounds for suspension stated in Subsection (a) above. If the recommendation is oral, it shall later be reduced to writing and filed with the Director when time permits. If the Director fails to follow the oral or written recommendation, the Director shall report to the Entertainment Commission both the recommendation and the reason or reasons for not following the recommendation. This report shall occur at the next regular Commission meeting subsequent to the recommendation, consistent with the provisions of the Brown Act and Sunshine Ordinance. For purposes of this Subsection (e), the Captain for the district where the Place of Entertainment is located, or the Captain's designee, is deemed the Chief's designee unless the Chief of Police directs otherwise.
      This Subsection (e) shall not preclude any Police Officer from recommending to the Director that the Director suspend a permit for public safety in accordance with the grounds for suspension stated in Subsection (a) above.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009; amended by Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)
SEC. 1060.20.4.  REVOCATION OF A PERMIT.
   (a)   Grounds for Revocation. The Entertainment Commission may revoke any permit issued under this Article if it determines after a public hearing that any of the following conditions exist:
      (1)   The Permittee has knowingly made any false, misleading, or fraudulent statement of material fact or has knowingly omitted a material fact in the application for a permit.
      (2)   The Permittee has failed to pay any fee or charge required under this Article.
      (3)   The Permittee has failed to surrender the permit as required by Section 1060.24(b).
      (4)   One or more of the grounds for suspension enumerated in Section 1060.20.1(a) applies, and considerations of public safety warrant revocation of the permit. For purposes of this provision, "considerations of public safety" means a substantial risk of physical harm or injury to individuals. In determining whether considerations of public safety warrant revocation, the Commission shall evaluate the likelihood and seriousness of the threat to public safety that continued operation of the Business under the permit presents. In making its determination, the Commission shall consider the following factors: (i) the history of violence and other public safety problems associated with the operation of the Business; (ii) a pattern of the Permittee's noncompliance with Security Plan requirements imposed by law or as a condition of the permit; (iii) the frequency of the Permittee's violations of other provisions of law or permit conditions, which violations have contributed to violence or other public safety problems associated with the operation of the Business; (iv) the degree to which the Permittee's action or inaction has been responsible for violence and other public safety problems associated with the operation of the Business; and (v) the degree to which the City, through the Entertainment Commission, Director, Police Department, or otherwise, has notified the Permittee of violence or other public safety problems associated with the operation of the Business and/or of the need to take action to reduce such problems, and the promptness and efficacy of the Permittee's responses.
      (5)   One or more of the grounds for suspension enumerated in Section 1060.20.1(a) applies, and revocation is warranted because the problems that those grounds have created have been serious and continuing, and the action or inaction of the Permittee contributing to those problems has been persistent; provided, that the circumstances warranting revocation under this provision would constitute a public nuisance within the meaning of Section 3480 of the California Civil Code.
   (b)   Hearing by Commission. The Entertainment Commission shall give the Permittee and the Manager written notice of a hearing to determine whether to revoke a permit. The notice shall set forth the grounds for the proposed revocation and the date, time and location of the hearing.
   (c)   Application for Permit After Revocation. The revocation of a permit under this Article shall not preclude the Permittee from applying for a new permit under this Article, except that, notwithstanding any other provision of law, including but not limited to Sections 1060.5(f) and 1060.5.1(f), revocation under Section 1060.20.4(a)(4) or Section 1060.20.4(a)(5) shall render the Permittee ineligible to apply for a new permit under this Article for one year from the date of revocation.
   (d)   When considering whether to revoke a permit under this Article, the Commission and the Director shall consider any previous denial of a permit application or previous suspension or revocation of a permit, under this Article or Article 15.2, for the same permit applicant or Permittee when the circumstances warranting the previous action are relevant to the current determination.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009; amended by Ord. 217-10, File No. 100674, App. 8/9/2010; Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011)
SEC. 1060.21.  FORFEITURE OF FEE.
   On revocation of the permit, no part of the permit fee shall be returned, but the said permit fee shall be forfeited to the City and County of San Francisco.
(Added by Ord. 140-70, App. 4/28/70)
SEC. 1060.22.  [REPEALED.]
(Amended by Ord. 555-81, App. 11/12/81; Ord. 165-93, App. 5/28/93; repealed by Ord. 239-09, File No. 080323, App. 11/20/2009)
SEC. 1060.23.  [REPEALED.]
(Added by Ord. 140-70, App. 4/28/70; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; repealed by Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)
SEC. 1060.24.  PERMITS NOT TRANSFERABLE; PERMIT MUST BE SURRENDERED UPON SALE OF BUSINESS; PERMIT AMENDMENT REQUIRED TO CHANGE PARTNERS OR OTHER OWNERS.