(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)