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(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)
(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)
(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)
(a) No Person may transfer a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit to any other Person.
(b) If a Place of Entertainment Permittee, Limited Live Performance Permittee, or Fixed Place Outdoor Amplified Sound Permittee sells the Business, the Permittee shall promptly surrender the permit to the Director. If the Permittee fails to surrender the permit to the Director, the Director may, after giving the Permittee notice by mail and electronically of the proposed action and an opportunity to respond, revoke the permit.
(c) Notwithstanding Subsections (a) and (b) of this Section 1060.24, a Permittee may change partners, shareholders, or other owners of a Business provided that (1) the sale or other transfer of ownership results in a Person owning no more than 50% of the Business, regardless of the form of ownership, and (2) the Permittee obtains an amendment to the Permit as provided in this Section. If the transfer of ownership does not result in any Person (who did not already have such a percentage interest) having an ownership interest of 10% or more, the Permittee is not required to obtain a permit amendment.
(d) A Permittee seeking to amend a permit as required under this Section 1060.24 shall pay the filing fee for Permit Amendment/Additional Partner set forth in Section 2.26 of this Code. The applicant shall provide that portion of the information sought under Section 1060.3, 1060.3.1, or 1060.3.2 for an application that the Director requires.
(e) The Director shall determine within 30 days of the filing of a complete application to amend a permit whether to approve it. The Director shall approve the application unless the Director determines that denial is warranted under any of the grounds set forth in Section 1060.5(f), 1060.5.1(f), or 1060.5.2(f) and shall notify the Permittee and Manager of the approval electronically and either by mail or personal delivery.
(f) If the Director determines that disapproval of the application may be warranted under Section 1060.5(f), 1060.5.1(f), or 1060.5.2(f), the Director shall schedule a hearing on the matter for the next regularly scheduled meeting of the Entertainment Commission. The Director shall promptly provide written notice of the hearing to the Permittee and the Manager by mail and electronically.
(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. 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. 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; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021)
No Permittee shall operate a Business in any manner inconsistent with any condition imposed on the permit. A Permittee may request an amendment to a permit to remove or change a condition, including but not limited to, an amendment to increase the noise limits contained in the permit as authorized by subsection (e) of Section 2909 of this Code, by filing a request with the Secretary of the Entertainment Commission and paying the fee for an Amendment to a Permit required under Police Code Section 2.26. In the case of applications to amend Place of Entertainment, Limited Live Performance, and Fixed Place Outdoor Amplified Sound permits, the Commission shall conduct a hearing and determine whether to approve the application to amend the permit according to the applicable procedures and standards governing the initial application for said permit as set forth in this Article 15.1. In the case of applications to amend permits that may be issued by the Director under this Article 15.1, such as One Time Event Permits, One Time Outdoor Amplified Sound Event Permits, and Sound Truck Permits, the Director may decide whether to approve the application or may, in the Director’s sole discretion, refer the application to amend to the Commission for a hearing and determination.
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