(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)