(a) Every Place of Entertainment shall have a Security Plan, as defined in Section 1060(n), that has been approved by the Entertainment Commission or the Director, as required by this Article. Compliance with the Security Plan approved under this Article is a condition of the permit.
(b) As of the effective date of this Section, the Entertainment Commission shall not approve any permit or other application relating to a Place of Entertainment unless the applicant has a Security Plan that has been approved by the Commission or the Director as provided in this Article. The Security Plan shall meet the minimum requirements of Section 1060(n) and any implementing rules and regulations. The Commission shall disapprove any Security Plan that it determines does not adequately address the safety of persons and property and provide for the orderly dispersal of persons and traffic, notwithstanding the compliance of the proposed Security Plan with the minimum requirements of Section 1060(n).
(c) Every Place of Entertainment Permittee that does not have a Security Plan approved by the Entertainment Commission on the effective date of this Section shall submit a proposed Security Plan to the Director.
(1) The Director shall mail notice of the requirements of this Section to each Permittee that does not have a Security Plan approved by the Entertainment Commission on the effective date of this Section.
(2) Each Permittee shall submit a proposed plan no later than 30 days from the date of the Director's notice. Upon receiving a proposed plan, the Director shall send a copy to the San Francisco Police Department, which shall have 10 City business days to review and make recommendations to the Director.
(3) The Director shall review each proposed plan and, after reviewing any recommendations submitted by the San Francisco Police Department, shall approve or disapprove it. When disapproving a proposed plan, the Director shall notify the Permittee what changes are required to obtain approval.
(4) If the Director disapproves the plan submitted by the Permittee, the Permittee may appeal the Director's determination to the Entertainment Commission by submitting a written appeal to the Secretary of the Commission within ten days of the Director's disapproval. Upon receiving an appeal, the Commission shall promptly notify the San Francisco Police Department. When acting on an appeal, the Commission may approve, overturn or modify the Director's determination. If the Commission overturns the Director's order, the Permittee shall comply with the Security Plan as submitted to the Director under Subsection (c). If the Commission modifies the order, it shall set forth any changes to the plan that the Permittee shall be required to make and the Permittee shall comply with the Security Plan required by the Commission.
(5) If the Commission approves the Director's order of if the Permittee does not appeal the Director's disapproval of the proposed plan, the Permittee shall comply with the Security Plan that includes the revisions required by the Director under Subsection (c)(3) of this Section.
(6) The Permittee has 90 days from the date of the Director's notice under Subsection (c)(1) of this Section to gain approval of the Security Plan from the Director or the Commission in accordance with the procedures stated in Subsections (c)(1)-(5) of this Section.
(d) The Entertainment Commission may suspend a Place of Entertainment permit as set forth in Section 1060.20.1(a)(5) if the Permittee has failed to submit a proposed Security Plan.
(f) The suspension of a permit for violation of this Section may be appealed to the Board of Appeals as provided in Section 1060.24.2.
(g) For the purpose of calculating compliance with the component of a Security Plan that requires a ratio of one Security Guard to a specific number of individuals, a Security Guard may be counted toward the ratio for only one Place of Entertainment at any one time. This calculation rule applies whether the required ratio of Security Guard to individuals is based solely on the definition of Security Plan in Section 1060(n), is otherwise required by this Article, or is a condition of the Place of Entertainment permit.
(h) Where the Chief of Police or the Chief's designee, with the concurrence of the Director, determines that the public safety will not be advanced by enforcing on a particular Business with a Place of Entertainment Permit the requirement stated in Section 1060(n) that on Thursday and Sunday evenings there be a Security Guard for every 100 individuals authorized by the Occupancy Permit, the Chief or Chief's designee or the Director may notify the Permittee in writing that that Security Guard ratio based on Occupancy Permit shall not be required for that Business on Thursday and/or Sunday evenings. Such a determination may be based on all relevant factors, including but not limited to the past operation of the Business or related Businesses, but may not be based on the content of constitutionally protected expression or entertainment. Such a determination creates no vested right on the part of the affected Business to an exemption from the Thursday/Sunday requirement of one Security Guard per 100 individuals authorized by the Occupancy Permit, and said determination may be changed at any time by the Chief of Police or the Chief's designee, or by the Director, upon written notice to the Permittee. For purposes of this Subsection (h), the Captain for the district where the Business is located, or the Captain's designee, is deemed the Chief's designee unless the Chief of Police directs otherwise.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009)