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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)
Any Business in violation of Section 1060.1 of this Article 15.1 (operating without a permit) is deemed to be a public nuisance and may be subject to enforcement by the Director and/or the Commission in its discretion, and penalties under Section 1060.25 of this Code or under other applicable sections of the Municipal Code. The nuisance shall be abated by civil action pursuant to the procedures set forth in Section 1060.25.
(Added by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
If any section, Subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, Subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, Subsections, subdivision paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
(Added by Ord. 140-70, App. 4/28/70)
(a) Director’s Authority.
(1) Except as otherwise provided in this Section 1060.27, the Director may issue Sound Truck Permits and applicants may appeal the Director’s denial of an application to the Entertainment Commission as set forth in this Section.
(2) The Director shall have the discretion to submit any application to the Entertainment Commission for its determination whether to grant or deny a Sound Truck Permit under the provisions of this Section. Where the Director submits an application to the Commission, and the Commission grants the Sound Truck Permit, the Director may, without further action by the Commission, approve subsequent applications from the same Person to use a Sound Truck for future dates, provided that (A) the subsequent application(s) contain no material changes regarding the nature, location, or scope of the event or purpose for which the Sound Truck will be used, (B) neither the Commission nor any other City agency has received complaints pertaining to the Sound Truck’s prior operations, and (C) any permit conditions imposed by the Commission when granting the initial Sound Truck Permit are included in any and all such subsequent Sound Truck Permits.
(b) Permit Application.
(1) Every Person seeking a Sound Truck Permit shall file an application with the Director no less than seven days before the proposed use of the Sound Truck and shall pay the filing fee provided in Section 2.26 of this Code. The time limitation for the filing of a permit application may be waived by the Director if the applicant can show that the event or events giving rise to the permit application did not reasonably allow the applicant time to file within the time prescribed and imposition of the time limitations would place an unreasonable restriction on the right of free speech.
(2) The application shall include the following information: (A) name and home address of the applicant; (B) address of place of business of the applicant; (C) name and address of the person having direct charge of the Sound Truck; (D) the purpose for which the Sound Truck will be used; (E) a general statement as to the area or areas of the City in which the Sound Truck will be used, including a proposed route if requested; (F) the proposed hours of operation of the Sound Truck; (G) the number of days of proposed operation of the Sound Truck; (H) the general description of the Amplified Sound Equipment which is to be used in or on the Sound Truck; and (I) the maximum sound-producing power of the Amplified Sound Equipment to be used in or on the Sound Truck, the voltage used by said equipment, and the rated power output in watts.
(3) Subject to the waiver provision in subsection (b)(1), the Director shall send the application to the Police Department for input, which the Police Department shall provide to the Director within three City business days of receiving the application.
(c) Permit Grant or Denial. The Director, or in applicable cases under subsection (a)(2) the Entertainment Commission in the Director’s stead, shall review applications for a Sound Truck Permit according to the conditions and standards set forth in Section 1060.5.2(f) and (g), and shall grant a permit unless the Director or the Commission finds (1) that the application was filed less than seven days before the proposed use and a waiver was not granted or warranted, (2) denial is warranted under any of the grounds set forth in Section 1060.5.2(f), or (3) another application has been submitted and a permit issued for the same location during the same time period. If another application has been submitted for the same time and place and is still pending, the Director or the Commission shall deny that application unless the applicant requests that it remain open until the Director or Commission has determined whether to grant or deny any earlier-filed application. When multiple applicants submit complete applications for the same time and place, the Director or Commission shall make determinations on them in the order in which they were received.
(d) Regulations for Sound Truck Use.
(1) Each Sound Truck Permit shall issue for no longer than one 12-hour period. A single Sound Truck Permit may be issued for multiple trucks for the same time and place, subject to payment of the applicable fees in Section 2.26 of this Code. There shall be no limit to the number of trucks that may be covered by one permit.
(2) When granting a Sound Truck Permit, the Director, or in applicable cases under subsection (a)(2) the Entertainment Commission in the Director’s stead, shall require the applicant as a condition of the permit to comply with the following regulations for use:
(A) Hours of operation permitted shall be between 9:00 a.m. and 10:00 p.m.;
(B) No Sound Truck with its amplifying device in operation shall traverse any one block in the City more than eight times in any one calendar day;
(C) Amplified speech and music shall not be unreasonably loud, raucous, or jarring to persons of normal sensitivities within the area of audibility;
(D) When the Sound Truck is in motion, the volume of sound shall be controlled so that it will not be audible for a distance in excess of 450 feet from its source; provided, however, that when the Sound Truck is stopped by traffic, the said sound amplifying equipment shall not be operated for longer than two minutes at such stop; and
(E) When the Sound Truck is not in motion, the volume of sound shall be controlled so that it will not be audible for a distance in excess of 250 feet from the periphery of the attendant audience.
(3) If a permit applicant seeks permit conditions that diverge from any of the aforementioned regulations in subsection (d)(2)(A)-(E), the application must be heard and decided by the Commission, not the Director.
(4) The Director or the Entertainment Commission may impose additional reasonable restrictions on the time, place and manner of the use of amplified sound on the Sound Truck. The Director or Entertainment Commission shall in no event impose conditions pursuant to this Section 1060.27 that are designed to limit the content of First Amendment expression engaged in by persons subject to the permit or which unreasonably interfere with the right of free speech.
(e) Permit Denial. If the permit is denied, the Director, or in applicable cases under subsection (a)(2) the Entertainment Commission in the Director’s stead, shall state in writing the reason for the denial and shall notify the applicant of the determination electronically and either by mail or personal delivery.
(f) Appeal to Entertainment Commission.
(1) An applicant for a Sound Truck Permit who files an application at least 40 days before the date of the proposed event shall have the right to appeal the Director’s denial of the application to the Entertainment Commission. The Director shall act on applications filed at least 40 days before the event within a time period that allows for an appeal to the Commission. The applicant may appeal the Director’s decision to the Commission by filing a written request for review within five City business days of the Director’s decision. The Commission shall hear and decide the appeal as expeditiously as possible, but in no event later than 21 days after the date that the applicant filed the appeal.
(2) Applicants who do not file at least 40 days before the proposed event shall have no right to appeal a denial of the application to the Entertainment Commission unless the Commission has sufficient time to schedule and provide notice of the hearing on the matter for a regularly scheduled meeting. If the applicant has filed the application less than 40 days before the proposed event and the Commission does not have sufficient time to provide the required public notice of the appeal for a regularly scheduled meeting, the Commission is not required to consider the matter. When an applicant files an application less than 40 days before the proposed event, the Director shall inform the applicant that there may be insufficient time for the applicant to appeal the Director’s denial to the Commission.
(g) Non-Transferable. Sound Truck Permits are not transferable. The Permit is valid only for the Person to whom it is issued for the premises specified in the permit.
(h) Judicial Review. An applicant may seek immediate judicial review of an adverse decision by the Director under this Section 1060.27 pursuant to California Code of Civil Procedure Section 1085 or Section 1094.8, as those provisions may be amended, including any successor provisions, or any other procedure provided by law. The applicant may, but is not required to, exhaust his or her administrative remedies before the Entertainment Commission and Board of Appeals.
(Added by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
(Former Sec. 1060.27 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; repealed by Ord. 100-13
, File No. 130182, App. 6/6/2013, Eff. 7/6/2013)
(a) If the location for which the place of entertainment permit is issued contains a dance floor or other place primarily designated for dancing, the permit holder shall provide:
(1) Free cool drinking water to patrons by means of an automatic drinking fountain or by providing cups of water at all beverage service locations, or both; and
(2) Earplugs for free, or for sale on the premises at a reasonable price.
(b) Notwithstanding the above Subsection, these requirements shall not apply to a Plaza as identified in Administrative Code Chapter 94.
(a) This Section 1060.29 provides a procedure for permitting a Person to conduct, maintain, promote, or sponsor Entertainment on the premises specified in the One Time Event Permit, including operation between 2:00 a.m. and 6:00 a.m. No Person shall conduct, maintain, promote or sponsor Entertainment between 2:00 a.m. and 6:00 a.m. without a One Time Event Permit or an Extended-Hours Premises Permit. One Time Event Permits may be issued for a premises for which a Place of Entertainment Permit has been issued, but for which no Extended-Hours Premises Permit has been issued, when the applicant proposes operating between 2:00 a.m. and 6:00 a.m. Nevertheless, the One Time Event Permit is not intended to function as a routine substitute for a Person’s securing either the Place of Entertainment Permit or the Extended-Hours Permit when the Person’s course of conduct indicates that either or both of those permits would be more appropriate to seek. For purposes of One Time Event Permits, the word “premises” means the area or structure where the event for which a permit is sought occurs, and includes outdoor areas.
(b) Except as otherwise provided in this Section 1060.29, the Director may issue One Time Event Permits and applicants may appeal the Director’s denial of an application to the Entertainment Commission.
(c) A Person may obtain a single One Time Event Permit authorizing events during consecutive or non-consecutive 24-hour periods for the same premises. One Time Event Permits may not authorize events on the same premises for consecutive 24-hour periods without a six-hour break between the end time for the first 24-hour period and the start time for the next 24-hour period. If a One Time Event Permit includes permission to operate between 2:00 and 6:00 a.m., the Permit may not authorize commencement of operations before noon for the same premises later that calendar day.
(d) (1) There shall be no limit on the number of One Time Event Permits a Person may obtain. One Time Event Permits may be issued for events that will occur on consecutive or non-consecutive days on the same premises.
(2) At any premises where events have occurred for a total of 12 or more days within the previous 12-month period, upon receipt of a permit application for a One Time Event Permit, the Entertainment Commission, or its Director as delegated by the Entertainment Commission, shall hold a hearing on the permit application to ensure that the legal standards for granting the permit(s) are met, to determine what conditions, if any, may be appropriate to place on the permit(s), and to ensure that the One Time Event Permit is not being used by the applicant to function as a routine substitute for the applicant’s securing either the Place of Entertainment Permit or the Extended-Hours Permit when the applicant’s course of conduct indicates that either or both of those permits would be more appropriate to seek. The Entertainment Commission, or its Director as delegated by the Entertainment Commission, may, in its discretion, determine that a hearing is not required, if the available evidence indicates that the application is likely to satisfy all of the requirements of this subsection (d).
(e) A Person may obtain more than one One Time Event Permit for the same day. In such an instance, in considering whether to grant the permit(s) and/or place conditions on the permit(s), the Director or Entertainment Commission as appropriate under the procedures of this Section, shall give heightened scrutiny to each permit application to ensure that the legal standards for granting the permit(s) are met and to determine what conditions, if any, may be appropriate to place on the permit(s). In addition, if the applicant submits an application for more than one One Time Event Permits for the same day less than 40 days prior to the day of the event, the Director or Entertainment Commission may disapprove the application(s) on the ground that the applicant filed too late to provide adequate time to evaluate the application(s) so as to determine whether the permit(s) should be granted and/or whether conditions should be placed on the permit(s).
(f) The One Time Event Permit shall be subject to reasonable time, place, and manner conditions, including but not limited to conditions on indoor and outdoor amplified sound, in-and-out privileges, admission of minors, and lighting of the premises. With regard to outdoor amplified sound, the permit shall include the conditions required under Section 1060.16 of this Article 15.1, unless otherwise authorized by the Commission following a public hearing.
(g) Every Person seeking a permit pursuant to this Section 1060.29 shall file an application with the Director no less than seven days before the proposed event and shall pay the filing fee provided in Section 2.26 of this Code, except as otherwise provided in Section 1060.29(h). The time limitation for the filing of a permit application may be waived by the Director if the applicant can show that the event or events giving rise to the permit application did not reasonably allow the applicant time to file within the time prescribed and imposition of the time limitations would place an unreasonable restriction on the right of free speech. The applicant shall submit a proposed Security Plan and any other information required for applications under Section 1060.3 as the Director may require. For events taking place in an outdoor area or in both a structure and an outdoor area, the Security Plan shall include additional security personnel to provide adequate security, as determined by the Director, in consultation with the Police Department, given the size and nature of the outdoor space. If the event includes the use of Amplified Sound Equipment in an outdoor area, the application shall include the information required under subsection (a)(8) of Section 1060.3.2 of this Article 15.1. Subject to the waiver provision in this subsection (g), the Director shall send the application no later than seven days before the date of the proposed event to those City departments with jurisdiction over the matter, including, as appropriate, the Police Department, Fire Department, Department of Building Inspection, and Department of Public Health. These departments shall complete all necessary inspections and report their determinations to the Director within three City business days of receiving the application. In addition, the Director shall send all applications to the Police Department for such input from the Police Department as it deems appropriate.
(h) Waiver of Filing Fee.
(1) All filing fees for One Time Event Permits are hereby waived for applicants that previously held a JAM Permit and seek the One Time Event Permit in order to continue activities previously allowed under their JAM Permit while awaiting final approvals by the Department of Public Works or other City departments that are required prior to obtaining a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit.
(2) Any filing fee that is waived pursuant to this subsection (h) but that has been paid, shall be refunded, without interest, upon request of the payor of the fee to the Entertainment Commission. Any refund request under this subsection (h) must be filed in writing with the Entertainment Commission by June 30, 2025.
(i) An applicant for a One Time Event Permit who files an application at least 40 days before the date of the proposed event shall have the right to appeal the Director’s denial of the application to the Entertainment Commission. The Director shall act on applications filed at least 40 days before the event within a time period that allows for an appeal to the Commission. Applicants who do not file at least 40 days before the proposed event shall have no right to appeal a denial of the application to the Entertainment Commission unless the Commission has sufficient time to schedule and provide notice of the hearing on the matter for a regularly scheduled meeting. When an applicant files an application less than 40 days before the proposed event, the Director shall inform the applicant that there may be insufficient time for the applicant to appeal the Director’s denial to the Commission.
(j) The Director shall review applications for a One Time Event Permit according to the standards set forth in Section 1060.5(f) and shall grant a permit unless the Director finds that (1) the application was filed less than seven days before the proposed event and waiver was not granted or warranted, (2) denial is warranted under any of the grounds set forth in Section 1060.5(f), or (3) another application has been submitted and a permit issued for the same premises during the same time period. The Director shall decide whether to grant or deny a complete application promptly after the date by which other City departments are required to report on the proposed application under subsection (e). If another application has been submitted for the same time and place and is still pending, the Director shall deny the application unless the applicant requests that it remain open until the Director has determined whether to grant or deny any earlier-filed application. When multiple applicants submit complete applications for the same time and place, the Director shall make determinations on them in the order in which they were received.
(k) If the permit is denied, the Director shall state in writing the reason for the denial and shall notify the applicant of the determination electronically and either by mail or personal delivery. The Director shall have the discretion to submit any application to the Entertainment Commission for its determination whether to grant or deny a One Time Event Permit under the provisions of this Section 1060.29. Where the Director submits an application to the Commission, and the Commission grants the One Time Event Permit, the Director may, without further action by the Commission, approve subsequent applications for the same One Time Event for future dates provided that (1) the subsequent application(s) contain no material changes regarding the nature or scope of the Event, (2) neither the Commission nor any other City agency has received complaints pertaining to the prior Event(s), and (3) any permit conditions imposed by the Commission when granting the initial permit are included in any and all such subsequent permits.
(l) The applicant may appeal the Director’s decision to the Entertainment Commission by filing a written request for review within five City business days of the Director’s decision. The Commission shall hear and decide the appeal as expeditiously as possible, but in no event later than 21 days after the date that the applicant filed the appeal. If the applicant has filed the application less than 40 days before the proposed event and the Commission does not have sufficient time to provide the required public notice of the appeal for a regularly scheduled meeting, the Commission is not required to consider the matter.
(m) When granting a permit, the Director or Entertainment Commission as appropriate under the procedures of this Section 1060.29, shall require the applicant as a condition of the permit to comply with the approved Security Plan. Notwithstanding the definition of Security Plan in Section 1060, the Security Plan for a One Time Event Permit shall provide at least one Security Guard for every 100 individuals authorized by the Occupancy Permit. If after approving a Security Plan, the Director receives additional information that reasonably demonstrates that the Security Plan is inadequate, the Director may require the Permittee to make revisions to the Security Plan for the purpose of addressing the safety of persons and property.
(n) One Time Event Permits are not transferable. The Permit is valid only for the Person to whom it is issued for the premises specified in the permit.
(o) An applicant may seek immediate judicial review of an adverse decision by the Director under 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 applicant may, but is not required to, exhaust his or her administrative remedies before the Entertainment Commission and Board of Appeals.
(Added by Ord. 262-04, File No. 041148, App. 11/4/2004; Ord. 239-09, File No. 080323, App. 11/20/2009; amended by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023)
(a) The City has experienced difficulties meeting its basic duty to provide police, fire and emergency medical services (all "essential services") throughout the City on those occasions such as New Year's Eve, Halloween and the 4th of July where multiple simultaneous or overlapping events attract large crowds. The Board of Supervisors finds that the adoption of a special permit procedure for the review and processing of applications for One Time Events permits for these occasions will help ensure sufficient essential services to protect the safety of all residents of and visitors to the City, while accommodating special events to the extent consistent with the City's basic public safety obligations. By authorizing the adoption of a special permit procedure, the Board intends to encourage applicants to apply for One Time Events Permits sufficiently in advance of the event to enable the City to plan for the provision of essential services. Applicants who apply later may have to bear the additional cost of increased security that the City could have avoided with more advance notice. In addition, the Board is authorizing the Commission to place reasonable limits on the number of One Time Event Permits issued on these designated days to the extent that the Commission determines necessary to ensure public safety.
(b) The Entertainment Commission may adopt a special permit procedure for One Time Events occurring on those designated days for which the Commission finds a substantial risk that the approval of multiple, simultaneous or overlapping One Time Events would (i) require the diversion of so great a number of Police Officers to police the events as to prevent adequate police protection to the rest of the City or (ii) result in a concentration of persons and vehicles that would unduly interfere with the proper delivery of essential services in the City. In making this determination, the Commission shall consider the need for the delivery of essential services both on the day of the event and until 6:00 a.m. the next day.
(c) If the Entertainment Commission elects to adopt a special permit procedure under this Section, it shall first consult with the San Francisco Police Department.
(d) This Section empowers the Entertainment Commission to designate no more than 12 days in a calendar year when the special permit procedure shall apply to applications for One Time Event Permits.
(e) The Commission must adopt the procedure for each calendar year no later than November 1 of the preceding year. The Commission may adopt a procedure for multiple calendar years, in which case it may amend the procedure so long as it acts no later than November 1 preceding January 1 of the year to which the amended procedure applies.
(f) The provisions of this Section supplement those set forth in Section 1060.29. Under the special permit procedure authorized under this Section, the following additional provisions apply:
(1) For applications filed 40 days or more before the proposed event, the Commission may not disapprove the application on the ground that the City does not have adequate time to plan for the provision of essential services, although the Commission may disapprove an application under Subsection (f)(3) of this Section.
(2) For applications filed less than 40 days before the proposed event, the Commission may
(A) Impose conditions on the permit that would not have been necessary had the applicant given the City more time to prepare for the delivery of essential services for the event and for the City as a whole on the day of the event. The conditions may require the applicant to bear additional costs for increased security, including requiring the applicant to hire and deploy Security Guards or implement other security measures for increased crowd control purposes and for monitoring to detect and stop illegal or dangerous behavior in connection with the event; or
(B) Disapprove the application on the ground that the applicant filed too late to give the City adequate time to plan for the provision of essential services for the day of the event without compromising the safety and security of the rest of the City where alternative conditions cannot sufficiently mitigate the public safety and security problems that the event poses.
(3) The Commission may disapprove an application for a One Time Event Permit for events proposed for one of the days designated under this Section, irrespective of the date of the filing, where (i) the conduct of the event, when considered in light of all other events occurring on the day of the event, will require the diversion of so great a number of Police Officers to properly police the event as to impair the capacity of the City to provide adequate police protection to the rest of the City and (ii) the Commission is unable to fashion conditions with which the applicant must comply that will address the public safety and security problems that the event poses. In considering whether to disapprove an application, the Commission may consider the number, size, and geographic concentration of proposed One-Time Events for the designated day. For purposes of this Subsection (f)(3), the "day of the event" includes until 6:00 a.m. after the designated day.
(g) The special permit procedure may limit the number of permits issued for the designated days when the Commission finds a substantial risk that approval of all applications for One Time Events for that day would (i) require the diversion of so great a number of Police Officers to properly police all the events as to prevent adequate police protection to the rest of the City and (ii) the Commission is unable to fashion conditions with which the applicant must comply that will address the public safety and security problems that the event poses. In considering whether to limit the number of permits issued for a designated day, the Commission may consider the number, size, and geographic concentration of proposed One-Time Events for the designated day. If the Commission limits the number of permits, the Commission may authorize approval of applications on a first-come first-served basis, selection by lottery, or other method that is objective and fair and unrelated to the content of the Entertainment provided. In addition, the Commission may include a schedule of limits that vary depending on the size and location as they affect congestion that could impede prompt delivery of essential services.
(h) The authority to impose conditions on days designated by the Commission under this Section includes the authority to require Permittees to comply with the conditions both on the designated day and until 6:00 a.m. the next day.
(i) The Commission shall provide at least 10 days notice of the hearing to adopt or amend the special permit procedure. The Commission may provide notice electronically to Businesses then operating under a permit issued by the Commission and may, in addition, provide such additional notice as it deems best calculated to reach the entertainment community.
(j) The Director shall post on the Commission's website the special permit procedure adopted by the Commission. The Director may also provide notice electronically to Businesses then operating under a permit issued by the Commission and such other notice that the Director determines is best calculated to reach the entertainment community.
(k) The Entertainment Commission may delegate to the Director the authority to exercise all powers that this section creates except the power to adopt and amend a special procedure for One Time Event permits for designated days.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009)
(a) General. This Section 1060.29.2 provides a procedure for permitting a Person to conduct One Time Outdoor Amplified Sound on the premises specified in the One Time Outdoor Amplified Sound Permit. The One Time Outdoor Amplified Sound Permit is not intended to function as a routine substitute for securing a Fixed Place Outdoor Amplified Sound Permit when the Person or Business’s course of conduct indicates that that permit would be more appropriate to seek.
(b) Director’s Authority.
(1) Except as otherwise provided in this Section 1060.29.2, the Director may issue One Time Outdoor Amplified Sound Permits and applicants may appeal the Director’s denial of an application to the Entertainment Commission. Notwithstanding the foregoing sentence, the Director may, in the Director’s sole discretion, refer an application for a One-Time Outdoor Amplified Sound Event Permit to the Commission for hearing and a determination.
(2) Where the Director submits an application to the Commission, and the Commission grants the One Time Outdoor Amplified Sound Permit, the Director may, without further action by the Commission, approve subsequent applications for the same One Time Outdoor Amplified Sound occurrence for future dates provided that (A) the subsequent application(s) contain no material changes regarding the nature or scope of the event, (B) neither the Commission nor any other City agency has received complaints pertaining to the prior event(s), and (C) any permit conditions imposed by the Commission when granting the initial permit are included in any and all such subsequent permits.
(c) Permit Application.
(1) Every Person seeking a permit pursuant to this Section 1060.29.2 shall file an application on a form provided by the Commission with the Director no less than seven days before the proposed use, and shall pay the filing fee provided in Section 2.26 of this Code, except as otherwise provided in Section 1060.29.2(j). The time limitation for the filing of a permit application may be waived by the Director if the applicant can show that the event or events giving rise to the permit application did not reasonably allow the applicant time to file within the time prescribed and imposition of the time limitations would place an unreasonable restriction on the right of free speech.
(2) The application shall include the information required under subsection (a)(8) of Section 1060.3.2 of this Article 15.1 with regard to the use of outdoor Amplified Sound Equipment.
(3) The Director shall send the application to the Police Department for input, which the Police Department shall provide to the Director within three City business days of receiving the application.
(d) Duration and Number of Permits.
(1) Consecutive or Non-Consecutive Days; Duration. A Person may obtain a single One Time Outdoor Amplified Sound Permit authorizing events during consecutive or non-consecutive 24-hour periods for the same premises. One Time Outdoor Amplified Sound Permits may not authorize events on the same premises for consecutive 24-hour periods without a six-hour break between the end time for the first 24-hour period and the start time for the next 24-hour period.
(2) No More Than 12 Days Per Year For The Same Premises Without Additional Review. There shall be no limit on the number of One Time Outdoor Amplified Sound Permits a Person may obtain. One Time Outdoor Amplified Sound Permits may be issued for events that will occur on consecutive days on the same premises or on non-consecutive days within a 10-day period on the same premises. At any premises where One Time Outdoor Amplified Sound Permits have been issued at least 12 times within the previous 12-month period, upon receipt of a permit application for a One Time Outdoor Amplified Sound Permit, the Entertainment Commission, or its Director as delegated by the Entertainment Commission, shall hold a hearing on the permit application to ensure that the legal standards for granting the permit(s) are met, to determine what conditions, if any, may be appropriate to place on the permit(s), and to ensure that the One Time Outdoor Amplified Sound Permit is not intended to function as a routine substitute for a Person’s securing a Fixed Place Outdoor Amplified Sound Permit, Place of Entertainment Permit, or Limited Live Performance Permit as applicable. The Entertainment Commission, or its Director as delegated by the Entertainment Commission, may, in its discretion, determine that a hearing is not required, if the available evidence indicates that the application is likely to satisfy all of the requirements of this subsection (d)(2).
(3) Multiple Permits on the Same Day. A Person may obtain more than one One Time Outdoor Amplified Sound Permit for the same day. In such an instance, in considering whether to grant the permit(s) and/or place conditions on the permit(s), the Director, or Entertainment Commission as appropriate in the Director’s stead under subsection (b)(1), shall review each permit application to ensure that the standards for granting the permit(s) are met and to determine what conditions, if any, may be appropriate to place on the permit(s). In addition, if the applicant submits an application for more than one One Time Outdoor Amplified Sound Permits for the same day less than 40 days prior to the day of the event, the Director or Entertainment Commission may disapprove the application(s) on the ground that the applicant filed too late to provide adequate time to evaluate the application(s) so as to determine whether the permit(s) should be granted and/or whether conditions should be placed on the permit(s).
(e) Grant or Denial of Permit.
(1) The Director, or Entertainment Commission as appropriate in the Director’s stead under subsection (b)(1), shall review applications for a One Time Outdoor Amplified Sound Permit according to the standards set forth in Section 1060.5.2(f) and (g) and shall grant a permit unless the Director finds that (A) the application was filed less than seven days before the proposed event and a waiver was not granted or warranted, (B) denial is warranted under any of the grounds set forth in Section 1060.5.2(f), or (C) another application has been submitted and a permit issued for the same premises during the same time period. If another application has been submitted for the same time and place and is still pending, the Director shall deny the application unless the applicant requests that it remain open until the Director has determined whether to grant or deny any earlier-filed application. When multiple applicants submit complete applications for the same time and place, the Director shall make determinations on them in the order in which they were received.
(2) If the permit is denied, the Director shall state in writing the reason for the denial and shall notify the applicant of the determination electronically and either by mail or personal delivery.
(f) Conditions.
(1) When granting a One Time Outdoor Amplified Sound Permit, the Director, or Enteratinment1 Commission as appropriate in the Director’s stead under subsection (b)(1), 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. If a permit applicant seeks permit conditions that diverge from any of the aforementioned regulations, the application must be heard and decided by the Commission, not the Director. Once the Commission has granted a One Time Outdoor Amplified Sound Event Permit to a particular Permittee for a particular special event, the Director may, on subsequent occasions, issue one or more One Time Outdoor Amplified Sound Event Permits to the same Permittee for the same event at the same location with the same permit conditions previously approved by the Commission.
(2) The Director or the Entertainment Commission may impose additional reasonable restrictions on the time, place, and manner of the use of amplified sound. The Director or Entertainment Commission shall in no event impose conditions pursuant to this Section 1060.29.2 which are designed to limit the content of First Amendment expression engaged in by persons affected by the permit or which unreasonably interfere with the right of free speech.
(g) Appeal to Entertainment Commission.
(1) An applicant for a One Time Amplified Sound Permit who files an application at least 40 days before the date of the proposed event shall have the right to appeal the Director’s denial of the application to the Entertainment Commission. The Director shall act on applications filed at least 40 days before the event within a time period that allows for an appeal to the Commission. The applicant may appeal the Director’s decision to the Entertainment Commission by filing a written request for review within five City business days of the Director’s decision. The Commission shall hear and decide the appeal as expeditiously as possible, but in no event later than 21 days after the date that the applicant filed the appeal.
(2) Applicants who do not file at least 40 days before the proposed event shall have no right to appeal a denial of the application to the Entertainment Commission unless the Commission has sufficient time to schedule and provide notice of the hearing on the matter for a regularly scheduled meeting. If the applicant has filed the application less than 40 days before the proposed event and the Commission does not have sufficient time to provide the required public notice of the appeal for a regularly scheduled meeting, the Commission is not required to consider the matter. When an applicant files an application less than 40 days before the proposed event, the Director shall inform the applicant that there may be insufficient time for the applicant to appeal the Director’s denial to the Commission.
(h) Non-Transferable. One Time Amplified Sound Permits are not transferable. The Permit is valid only for the Person to whom it is issued for the premises specified in the permit.
(i) Judicial Review. An applicant may seek immediate judicial review of an adverse decision by the Director under this Section 1060.29.2 pursuant to California Code of Civil Procedure Section 1085 or Section 1094.8, as those provisions may be amended, including any successor provisions, or any other procedure provided by law. The applicant may, but is not required to, exhaust his or her administrative remedies before the Entertainment Commission and Board of Appeals.
(j) Waiver of Filing Fee.
(1) All filing fees for One Time Outdoor Amplified Sound Permits are hereby waived for applicants that previously held a JAM Permit and seek the One Time Outdoor Amplified Sound Permit in order to continue activities previously allowed under their JAM Permit while awaiting final approvals by the Department of Public Works or other City departments that are required prior to obtaining a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit.
(2) Any filing fee that is waived pursuant to this subsection (j) but that has been paid, shall be refunded, without interest, upon request of the payor of the fee to the Entertainment Commission. Any refund request under this subsection (j) must be filed in writing with the Entertainment Commission by June 30, 2025.
CODIFICATION NOTE
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