(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)