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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)
The Police Department and the Entertainment Commission, in addition to their several other duties, shall have the authority to inspect any and all establishments that have been issued a permit pursuant to this Article 15.1.
(Added by Ord. 140-70, App. 4/28/70; amended by Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023)
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)
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.
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)
(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.
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