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(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)
(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)
The Entertainment Commission may adopt regulations implementing the provisions of this Article and Article 15.2 (Extended-Hours Premises Permits), including regulations governing the procedure for hearings before the Commission.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009)
(a) The Entertainment Commission, in consultation with the San Francisco Police Department, shall develop rules and regulations governing Security Plans under this Article and Article 15.2, which shall address the number of Security Guards required to protect the public safety in light of the number and placement of exits on the premises of a Business.
(b) Notwithstanding the definition of "Security Plan" in Section 1060(n) of this Article and Section 1070(o) of Article 15.2, the Entertainment Commission, in consultation with the Police Department, may adopt a rule, applicable in those areas of the City where a conditional use authorization is required for a late night use, requiring that on Mondays, Tuesdays, and/or Wednesdays from 9:00 p.m. until closing (including early morning hours the following day), the Security Plan provide at least one Security Guard for every 100 individuals authorized by the Occupancy Permit during Entertainment events on the premises of the Business. In addition, notwithstanding the aforementioned definitions of "Security Plan," the Entertainment Commission, in consultation with the Police Department, may adopt a rule, applicable in any or all areas of the City, that on one or more designated days of the year or on particular days of the week, the Security Plan provide at least one Security Guard for every 100 individuals authorized by the Occupancy Permit during Entertainment events on the premises of the Business. In deciding whether to adopt a rule pursuant to this Subsection (b), the Commission shall consider all relevant factors, including but not limited to the expected attendance at Entertainment events on the premises of Businesses that would be affected by the rule on the days covered by the rule, past or anticipated problems with providing security at such events on those days, enforcement problems that may arise in the absence of the rule, and the anticipated economic impact of the rule on Permittees. This Subsection (b) does not limit or diminish the Commission's powers under Section 1060.29.1 of this Article.
If the Entertainment Commission pursuant to this Subsection (b) adopts a rule covering Mondays, Tuesdays, and/or Wednesdays, the Chief of Police or the Chief's designee, with the concurrence of the Director, may determine that the public safety will not be advanced by enforcing on a particular Business with a Place of Entertainment Permit or Extended Hours Premises Permit the requirement that on some or all of those evenings there be a Security Guard for every 100 individuals authorized by the Occupancy Permit. Where such a determination is made, 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 Monday, Tuesday, and/or Wednesday 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 requirement imposed by the rule of one Security Guard per 100 individuals authorized by the Occupancy Permit on Monday, Tuesday, and/or Wednesday, 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 (b), 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.
If the Entertainment Commission pursuant to this Subsection (b) adopts a rule covering one or more designated days of the year or particular days of the week, the rule may authorize the Chief of Police or the Chief's designee, with the concurrence of the Director, to exercise the same authority as described in the previous paragraph to determine that the public safety will not be advanced by enforcing the rule with respect to a particular Business on a day or days covered by the rule.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009)
At any time a Business is open for operation as a Place of Entertainment or Limited Live Performance Locale, there shall be at least one person on the premises who is responsible for the operation of the Business and who is readily available to respond to and interact with Police Officers, the Director, or any other City employee or official. The Entertainment Commission, in consultation with the San Francisco Police Department, shall develop rules and regulations to further implement this requirement.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009; amended by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011)
Nothing in this Article is intended to restrict or alter in any way the authority vested in the San Francisco Police Department under Federal, State or local law to take action in response to conduct that arises in connection with the operation of a Business.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009)
In undertaking the enforcement of this Article, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009)
(a) A Person may not simultaneously hold a Place of Entertainment Permit and a Limited Live Performance Permit for the same location.
(1) If a Person holds a Place of Entertainment Permit and applies for a Limited Live Performance Permit for the same location, and the Commission grants the application, the Limited Live Performance Permit shall become operative only upon the Person's relinquishment of the Place of Entertainment Permit.
(2) If a Person holds a Limited Live Performance Permit and applies for a Place of Entertainment Permit for the same location, and if the Commission grants the application, the Place of Entertainment Permit shall become operative only upon the Person's relinquishment of the Limited Live Performance Permit.
(b) Subject to the requirements of the Planning Code, the Commission may issue a One Time Event Permit to the holder of a Limited Live Performance Permit, provided that the standards for issuance of the One Time Event Permit are met, including but not limited to the maximum number of such permits that may be issued for a venue under Subsection 1060.29(d).
(c) Subject to the requirements of the Planning Code, the Commission may issue an Extended-Hours Premises Permit to the holder of a Limited Live Performance Permit, provided that the standards for issuance of the Extended-Hours Premises Permit are met.
(Added by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011)
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