(a) Notwithstanding a Security Plan's compliance with the minimum requirements of Section 1060(n) and prior approvals under this Article, after consulting with the San Francisco Police Department, the Director may issue an order directing a Permittee to comply with a revised Security Plan by directing such revisions as the Director reasonably determines will address the safety and traffic concerns that arise in either of the following circumstances:
(1) Conduct Constituting a Nuisance, as defined in Section 1060, has occurred on the premises of, or on Any Sidewalk Abutting the Premises of, the Business; or
(2) The Security Plan for the Place of Entertainment is inadequate to address safety or traffic concerns.
(b) The Director shall send the order to the Permittee setting forth the date of issuance of the order and its effective date. The Director shall send this order to Permittee and the Manager electronically and by mail or personal delivery.
(c) To provide the Permittee an opportunity to file an appeal, the Director's order shall not take effect for ten City business days from the date that the order issues. Any Permittee directed to comply with a revised Security Plan under this Section may appeal the Director's decision within ten City business days of the date that the order issues by filing a written request for review with the Secretary of the Entertainment Commission. The Permittee shall not be required to comply with the Director's order pending the Commission's action on the matter. If the Permittee withdraws the appeal, the order of the Director shall take effect immediately upon the withdrawal of the appeal or upon the effective date of the Director's order, whichever is later.
(d) When acting on the appeal, the Entertainment Commission may affirm, overturn or modify the Director's order.
(1) If the Commission modifies the Director's order, it shall set forth any revisions to the plan that the Commission deems appropriate to address traffic and safety problems related to operation of the Business.
(2) If the Commission approves the Director's order, the Permittee shall comply with the revised Security Plan as directed by the Director under Subsection (a) of this Section.
(e) The Commission may suspend a permit as provided in Section 1060.20.1(a)(6) if the Permittee fails to comply with the revised Security Plan as required under this Section.
(f) The suspension of a permit for non-compliance with this Section may be appealed to the Board of Appeals, as provided in Section 1060.24.2.
(g) Permittees are required to have Security Plans that meet the minimum requirements of Section 1060(n). Nothing in this Section or any other provision of this Article authorizes either the Director or the Entertainment Commission to require or permit any Permittee to operate under a Security Plan that does not meet the minimum requirements.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009)