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(Added by Ord. 140-70, App. 4/28/70; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; repealed by Ord. 100-13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.
(a) The following actions taken under this Article may be appealed to the Board of Appeals: The granting or denial of a permit, including a conditionally granted permit, or an amendment to a permit, and the suspension or revocation of a permit. Any such appeal shall be filed within ten days from the date of the decision, as provided in Section 8 of the San Francisco Business and Tax Regulations Code.
(b) Notwithstanding the provisions of Subsection (a) of this Section, the Permittee or permit applicant may seek immediate judicial review of the actions described in Subsection (a) of this Section pursuant to California Code of Civil Procedure Section 1085 or Section 1094.8, as these provisions may be amended, including any successor provisions, or any other procedure provided by law; the Permittee or permit applicant is not required to exhaust his or her administrative remedies before the Entertainment Commission or before the Board of Appeals.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009)
(a) Once the Entertainment Commission receives a surrendered Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit under Section 1060.24(b), the new owner of the business may apply to the Director for a temporary Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit, respectively, subject to any required Planning Department approvals, for a period not to exceed 90 days from the date of surrender (a “Temporary Permit”). The Director shall grant a Temporary Permit provided that 1) the new owner has submitted a completed application for a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit, as applicable; 2) the new owner’s Entertainment, Limited Live Performance, or Fixed Place Outdoor Amplified Sound events and activities, as applicable, are consistent with those allowed under the prior Permit; 3) the premises at issue complies with all existing health, safety, and fire ordinances; and 4) a Temporary Permit is necessary to ensure uninterrupted operations of a business at the premises. A Temporary Permit may not be renewed as a Temporary Permit.
(b) Where a Person has received a Pop-Up Retail Temporary Use Authorization as defined in Section 205.1(d) of the Planning Code, for a premises, the Person may apply to the Director for a temporary Limited Live Performance Permit for that premises for a period not to exceed 60 days (a “Pop-Up Permit”). The Director may grant a Pop-Up Permit provided that the permit application satisfies all of the findings required in subsections (f)(1)-(3) and subsection (g) of Police Code Section 1060.5.1. The Director may impose any conditions on the Pop-Up Permit the Director determines to be necessary to address health and safety concerns, and may impose reasonable time, place, and manner conditions. A Pop-Up Permit may be renewed for an additional 60 days, subject to any required Planning Department approvals.
(c) The Entertainment Commission may establish additional procedures, Temporary Permit criteria, and Pop-Up Permit criteria to help carry out the goals of this Section 1060.24.3.
(Added by Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021)
(a) CRIMINAL PENALTIES. Any person who violates any provision of this Article 15.1 shall be deemed guilty of an infraction. Any person who violates this Article, or Police Code Section 49, more than once in a 12-month period shall be guilty of a misdemeanor. A first violation of this Article 15.1, or Police Code Section 49, is an infraction that is punishable by a fine of not more than $100. A second violation within one year of the date of the first violation is a misdemeanor punishable by a fine of not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment, at the discretion of the prosecutor. A third or subsequent violation within one year of the date of the second or subsequent violation is a misdemeanor punishable by a fine of not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment, at the discretion of the prosecutor. Each day a Person conducts, operates, or maintains a Business without a valid permit shall constitute a separate violation.
(b) ADMINISTRATIVE PENALTIES.
(1) The Director may issue administrative citations for the violation of any condition imposed on a permit granted under this Article 15.1 and the violation of any provision of this Article including but not limited to Section 1060.1 (operating without a lawful Place of Entertainment permit) and Section 1060.31 or 1060.32 (governing Security Plans). In addition, the Director may issue administrative citations for the violation of any provision of law regarding such permits, including but not limited to permits authorized under Police Code Article 29 (Regulation of Noise). Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," is hereby incorporated in its entirety and shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued under this subsection (b). The Director shall impose fines for violations of any permit condition and any violation of Section 1060.31 or 1060.32 as set forth in Section 100.5(a) of the Administrative Code. For purposes of calculating and imposing the administrative penalties under this subsection (b), each day a violation occurs or continues shall constitute a separate violation. The Director may recover any costs and fees, including but not limited to attorneys’ fees, for enforcement initiated through this Section and authorized under this Article.
(2) Notwithstanding subsection (b)(1), the procedure governing the appeal of a citation set forth in Administrative Code Chapter 100 is revised as provided in this subsection (b)(2). The Controller may designate the Director of the Department of Public Works as a hearing officer under Administrative Code Section 100.7, but shall designate such officer for no more than one appeal a month and for no more than 12 times in a 12-month period.
(3) Failure to Pay the Administrative Penalties. If the responsible party fails to pay the administrative penalties to the Department within 30 days of service of the administrative citation, or within 30 days of the date the penalties have been upheld on appeal, the Director may take such action to collect the fees as he or she deems appropriate, including referral of the matter to the Bureau of Delinquent Revenue Collection under Article V, Section 10.39 of the Administrative Code, initiation of lien proceedings under Article XX, Section 10.230 et seq. of the Administrative Code, and/or requesting that the City Attorney pursue collection of the penalties imposed against the responsible party in a civil action. The City Attorney may request its attorneys’ fees in any action that the City Attorney pursues to collect the administrative penalties or to enforce collection of the penalties.
(c) CIVIL PENALTIES.
(1) Presumption of Noncompliance with Order. In addition to any other penalties provided in this Article 15.1, any person or entity served with a notice or order by the Director setting forth the nature of the violation of this Article, demanding correction of such violation, and specifying the time within which such violation must be corrected, shall be presumed, in subsequent civil proceedings, to have failed to comply with that notice or order at and after the time given in that notice or order for correction of such violation, after the time period specified in the notice or order has expired without correction of that violation.
(2) Injunction. In a civil action brought by the City Attorney, any person who commits, or proposes to commit, an action in violation of this Article 15.1 may be enjoined therefrom.
(3) Penalty Amounts. Any person or entity violating this Article 15.1 shall be liable for a civil penalty of up to $1,000 per violation for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction.
(4) Setting Civil Penalty. In assessing the amount of the civil penalty, the Court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. In addition, such violations will not be deemed legally abated until the property owner makes full payment of the assessment of costs and fees awarded to the City under this Article or any applicable State law.
(5) Cost Recovery. In any civil proceeding filed by the City Attorney to collect civil penalties, the Court may award the City costs and fees, including but not limited to attorneys’ fees, and costs of investigation, enforcement, abatement, and litigation, authorized under this Article.
(d) The remedies specified in this Article 15.1 shall not preclude any other remedies available under state or local law.
(Amended by Ord. 273-73, App. 7/6/73; Ord. 262-04, File No. 041148, App. 11/4/2004; Ord. 239-09, File No. 080323, App. 11/20/2009; 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)
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