Skip to code content (skip section selection)
Compare to:
San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
ARTICLE 15.2:
ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
 
Definitions.
Permit Required.
License Fees.
Filing Application, Notice to Other City Departments, and Departmental Reports.
Application Form.
Notice Requirements and Contact Information.
Determination of Application.
Private Club.
Solicitation of Drinks or Merchandise.
Solicitation of Trade.
Procurement.
Attire.
Lighting.
Miscellaneous Rules.
Booths.
Police; Inspection.
Noise Abatement.
Minors.
Suspension.
Suspension by the Entertainment Commission.
Limited Suspension by the Director; Appeal to Entertainment Commission.
Suspension for Public Safety by the Director.
Forfeiture of Fee.
Exceptions.
Revocation of a Permit.
Permits Not Transferable; Permit Must be Surrendered Upon Sale of Business; Permit Amendment Required to Change Partners or Other Owners.
Permit Required.
Criminal and Administrative Penalties.
Severability.
Earplugs and Free Drinking Water.
Approval Required for Security Plans.
Director May Require a Permittee to Comply With a Revised Security Plan.
Compliance With Conditions; Amendment of Permit to Change Conditions.
Permittees Required to Report Certain Information.
Appeals to Board of Appeals.
Authority of San Francisco Police Department.
Promotion of General Welfare.
Reports by Entertainment Commission.
Prospective Moratorium on Grant of Extended-Hours Premises Permits.
 
SEC. 1070.  DEFINITIONS.
   For the purpose of this Article, unless otherwise provided in this Article, the following words and phrases shall mean and include:
   (a)   "Any Sidewalk Abutting the Premises." The sidewalk not more than 50 feet from the premises of the Business that is located between the premises and a public street. For purposes of this definition, "premises" includes any immediately adjacent area that is owned, leased, or rented by the permit applicant or Permittee.
   (b)   "Bona Fide Nonprofit Club or Organization." Any fraternal, charitable, religious, benevolent, or other nonprofit organization for mutual social, mental, political, or civic welfare, to which admission is limited to members and guests if the revenue accruing therefrom is used exclusively for the benevolent purposes of said organization or agency, and if the organization or agency is exempt from taxation under the Internal Revenue laws of the United States as a bona fide fraternal, charitable, religious, benevolent or nonprofit organization.
   (c)   "Bona Fide Public Eating Place." A place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the Department of Public Health. "Meals" means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. "Guests" shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this Section, however, shall be construed to require that any food be sold or purchased with any beverage.
   (d)   "Business." The enterprise for which a permit is sought or has been issued under this Article, whether operated on a for-profit or not-for-profit basis.
   (e)   "Conduct that Constitutes a Nuisance." Any conduct that would constitute a violation of the following laws: assault and battery (Cal. Penal Code § 240, 242, 245); sexual battery (Cal. Penal Code § 243.4); discharging firearm (Cal. Penal Code § 246, 246.3); unlawful weapons (Cal. Penal Code § 12020; S.F. Police Code § 1291); disturbing the peace (Cal. Penal Code § 415, 416, 417); unlawful threats (Cal. Penal Code § 422); obstruction of pedestrian or vehicle right-of-way (Cal. Penal Code § 370); gambling (Cal. Penal Code §§ 330, 337a); rape (Cal. Penal Code § 261); statutory rape (Cal. Penal Code § 261.5); prostitution and related offenses (Cal. Penal Code §§ 266, 266a, 266e, 266h, 266i, 315, 316, 647(b)); sex crimes for which registration is required under the Sex Offender Registration Act (Cal. Penal Code § 290); felony sexual assault; loitering for lewd or lascivious purposes (Cal. Penal Code § 647(d)); loitering on private property without lawful business (Cal. Penal Code § 647(h)); identify theft (Cal. Penal Code § 530.5); a violent felony warranting enhancement of a prison term (Cal. Penal Code § 667.5); criminal gang activity (Cal. Penal Code § 186.22); drug offenses (Cal. Health & Safety Code §§ 11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 11379.5); violation of Alcohol Beverage Control laws (Cal. Business & Professions Code §§ 23300, 25602, 25631, 25657, 25658); public urination or defecation (San Francisco Police Code § 153); accumulation of filth (Cal. Health & Safety Code § 17920.3(j)); or excessive noise emissions (San Francisco Police Code Section 49 or Article 29).
   (f)   "Corrective Action." Action which includes, but is not limited to, the following:
      (1)   Requesting assistance from the local law enforcement agency in a timely manner regarding the conduct.
      (2)   Requesting those individuals engaging in Conduct that Constitutes a Nuisance to cease the conduct, or ejecting those Persons from the premises.
      (3)   Revising the Security Plan, subject to approval by the Entertainment Commission or the Director as provided under this Article.
   (g)   "Dance Academy." The term "Extended-Hours Premises" also includes a dance academy wherein students are admitted between 2:00 a.m. and 6:00 a.m., and instruction is given in ballroom or other types of dancing, whether to the students in groups or individually.
   (h)   "Director." The Executive Director of the Entertainment Commission or an individual designated by the Director to act on his or her behalf.
   (i)   "Entertainment." Any of the following, except when conducted in a private residence:
      (1)   Any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted in or upon any premises to which patrons or members are admitted.
      (2)   The playing or use of any instrument capable of producing or used to produce musical or percussion sounds, including but not limited to, reed, brass, percussion, or string-like instruments, or karaoke, or recorded music presented by a live disc jockey on the premises.
      (3)   A fashion or style show.
      (4)   The act of any female professional entertainer, while visible to any customer, who exposes the breast or employs any device or covering which is intended to simulate the breast, or wears any type of clothing so that the breast may be observed.
   (j)   "Extended-Hours Premises." Every premises to which patrons or members are admitted or which allows patrons or members to remain between 2:00 a.m. and 6:00 a.m. which serves food, beverages, or food and beverages, including but not limited to, alcoholic beverages, for consumption on the premises or wherein Entertainment as defined in Subsection (i) is furnished or occurs upon the premises. The term includes a "Dance Academy."
   (k)   "Manager. The individual authorized by the Permittee to exercise discretionary power to organize, direct, carry out or control the operations of the Business.
   (l)   "Permittee." The person to whom a permit has been issued under this Article.
   (m)   "Person." Any person, individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit excepting the United States of America, the State of California, and any political subdivision of either.
   (n)   "Security Guard." A person who has a valid Proprietary Private Security Officer registration document issued by the California Department of Consumer Affairs; a person who is a Patrol Special Police Officer appointed by the Police Commission or an assistant to a Patrol Special Police Officer and is operating in accordance with rules of the Police Commission governing Patrol Special Police Officers and assistants to Patrol Special Police Officers; or, a person who is a Private Patrol Operator, as defined by California Business and Professions Code Sections 7582.1-7582.2.
   (o)   "Security Plan." A plan that adequately addresses the safety of persons and property by (i) providing a ratio of one Security Guard to a specific number of individuals as described in the paragraph immediately below (ii) securing the sidewalk for a 100-foot radius in all directions around the premises of the Business to prevent injury to persons and/or damage to property, and (iii) providing for the orderly dispersal of individuals and traffic from the premises of the Business and within 100 feet of any door that patrons use to enter or exit the premises. The phrase "100 feet" in (iii) of this Subsection (o) means 100 feet from the door in both directions on the same side of the street as the premises of the Business. The plan shall include sufficient staff with the requisite experience to implement the plan.
      The Security Plan must provide at least one Security Guard for every 100 individuals anticipated to be present at any one time during Entertainment events on the premises of the Business, with the following two qualifications. There must always be at least one Security Guard for every 100 individuals actually present at any one time during Entertainment events on the premises of the Business. Further, in those areas of the City where a conditional use authorization is required for a late night use, on Thursdays, Fridays, Saturdays, and Sundays from 9:00 p.m. until closing (including early morning hours Friday, Saturday, Sunday, and Monday) the Security Plan must provide at least one Security Guard for every 100 individuals authorized by the Occupancy Permit during Entertainment events on the premises of the Business.
      The definition of Security Plan in this Subsection 1070(o) does not limit the discretion of the Entertainment Commission and Director as specified in this Article to impose more stringent requirements for a Security Plan as circumstances warrant.
      If no Entertainment event is occurring on the premises, the Security Plan does not have to include Security Guards, but the Entertainment Commission retains discretion to impose security guard requirements as part of a Security Plan.
   (p)   "Tax Collector." Tax Collector of the City and County of San Francisco.
   (q)   "Professional Entertainer." A person who is compensated for his or her performance. This definition does not restrict the definition of "Entertainment" in Subsection (i) and is relevant only to the extent the term "professional entertainer" is used in this Article.
(Amended by Ord. 229-74, App. 5/16/74; Ord. 192-89, App. 6/5/89; Ord. 76-98, App. 3/6/98; Ord. 238-09, File No. 080324, App. 11/20/2009; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)
SEC. 1070.1.  PERMIT REQUIRED.
   (a)   It shall be unlawful for any Person to own, conduct, operate, maintain, or to cause or permit to be conducted, operated, or maintained, an Extended-Hours Premises in the City and County of San Francisco without first having obtained a permit from the Entertainment Commission.
   (b)   It shall be unlawful for any Person to own, conduct, operate or maintain, or cause or permit to be conducted, operated, or maintained, an Extended-Hours Premises for which a permit has been granted (1) after the permit has been revoked or is otherwise invalid or (2) for any period of time during which the permit has been suspended.
   (c)   It shall be unlawful for any Person who is required to surrender a permit upon the sale of a Business as required under Section 1070.22 to fail to do so.
   (d)   Any place or premises where an Extended-Hours Premises Permit is sought must conform to all existing health, safety, zoning, and fire ordinances of the City and County of San Francisco, and must have a valid permit to operate (formerly referenced in this Article as a public eating place permit) from the Department of Public Health. The Entertainment Commission may issue a permit under this Article conditional upon the applicant receiving the other required permits.
(Amended by Ord. 284-80, App. 6/17/80; Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.1-1.  LICENSE FEES.
   Every person granted an Extended Hours Premises Permit by the Entertainment Commission under this Article shall pay to the Tax Collector an annual license fee on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
   The amount of the license fee for the 2005-2006 fiscal year shall be as set forth in Section 2.27 of this Code, and such amount shall be adjusted for inflation commencing with the 2006-2007 fiscal year, and annually thereafter, in accordance with Section 2.31 of this Code.
(Added by Ord. 193-05, File No. 051027, App. 7/29/2005; amended by Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
SEC. 1070.2.  FILING APPLICATION, NOTICE TO OTHER CITY DEPARTMENTS, AND DEPARTMENTAL REPORTS.
   (a)   Every person seeking a permit or an amendment to a permit under this Article shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and shall pay a filing fee as provided by Section 2.26 of this Code.
   (b)   The Director shall send the application to the San Francisco Police Department, Fire Department, Department of Building Inspection, Department of Public Health, and Planning Department. Those departments shall complete all necessary inspections and report their determinations to the Entertainment Commission within 20 City business days of receiving the application.
(Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.3.  APPLICATION FORM.
   Except as otherwise provided herein, an application for a permit for a Business pursuant to the provisions of this Article shall specify for that Business the same information required under Section 1060.3 of this Code for applications for Place of Entertainment Permits and the applicant shall sign the application under penalty of perjury.
(Added by Ord. 252-70, App. 7/23/70; amended by Ord. 325-91, App. 9/4/91; Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.4.  NOTICE REQUIREMENTS AND CONTACT INFORMATION.
   (a)   Unless otherwise provided in this Article, the following definitions apply.
      (i)   To provide notice "electronically" means to send written notice by email, facsimile or in any other manner that the Director designates as appropriate to transmit written information other than by mail or personal delivery.
      (ii)   To "mail" notice or give notice "by mail" means depositing the notice in a sealed envelope or package, clearly labeled to identify the individual to whom it is sent, in a post office, mailbox, or other facility regularly maintained by the United States Postal Service, by First Class Mail, with postage prepaid. The requirement that notice be mailed within a specified period of time means that the notice is deposited in the mail within that period of time.
      (iii)   "Personally deliver" or "personal delivery" means delivering notice or causing notice to be delivered in person.
      (iv)   "Notice" means notice of a hearing, decision, action required of an applicant for a permit or a Permittee, or any other information that this Article requires to be given or which the Entertainment Commission or the Director find appropriate in implementing the provisions of this Article.
   (b)   Applicants for a permit and Permittees shall provide information necessary to enable the Entertainment Commission and the Director to give notice under this Article. Applicants and Permittees shall provide the Director in writing with a street address where the applicant and Permittee receive mail from the United States Postal Service, and with any email address, facsimile number or other information necessary to enable notice to be sent to the applicant and Permittee electronically. The applicant and Permittee shall keep the information required by this Section current by informing the Director in writing of any change. When the Commission or Director mails or personally delivers notice or sends notice electronically to the applicant or Permittee in accordance with the information most recently provided in writing by that Person, such action shall satisfy the requirements of this Article with respect to how notice is given.
   (c)   In some circumstances, this Article requires notice to the Manager. The Permittee shall provide a telephone and/or cell phone number and a facsimile number or email address for the transmission of notice to the Manager. The Permittee shall keep current the contact information for the Manager and shall notify the Director in writing of any change in this information. The Manager may designate other individuals to whom notice is to be given for any periods of the Manager's absence or unavailability by providing this information in writing to the Director. When the Commission or Director mails or personally delivers notice or sends notice electronically to the Manager, or to any individual designated by the Manager to receive notice in place of the Manager, in accordance with the information most recently provided in writing by the Permittee for the Manager, or by the Manager for his or her designee, such action shall satisfy the requirements of this Article that notice be given to the Manager.
   (d)   The Director may require applicants, Permittees and Managers to provide different or additional contact information for receipt of notice as communication technologies change.
   (e)   A Permittee may change the name and/or address of the individual provided by the Permittee in the permit application to accept service of process by providing written notice to the Director.
(Added by Ord. 252-70, App. 7/23/70; Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.5.  DETERMINATION OF APPLICATION.
   The procedures and standards set forth in Section 1060.5 of this Code shall govern the review and determination of applications for Extended-Hours Premises Permits.
(Added by Ord. 252-70, App. 7/23/70; amended by Ord. 325-91, App. 9/4/91; Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 216-02, File No. 021460, App. 11/1/2002; Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.6.  PRIVATE CLUB.
   No establishment licensed pursuant to this Article may allow the premises to be used solely for the purpose of conducting a private club between the hours of 2:00 a.m. and 6:00 a.m.
(Added by Ord. 252-70, App. 7/23/70)
SEC. 1070.7.  SOLICITATION OF DRINKS OR MERCHANDISE.
   (a)   No Permittee shall employ or permit any hostess, entertainer, or Person to solicit any patron or customer of or visitor in said Extended-Hours Premises to purchase any beverage or merchandise for the one soliciting or for any other Person.
   (b)   No Permittee shall employ any hostess or entertainer for the purpose of procuring or encouraging the purchase or sale of beverages or merchandise, or pay any such hostess or entertainer a percentage or commission on the sale of beverages or merchandise for procuring or encouraging the purchase or sale of beverages or merchandise on said premises.
(Amended by Ord. 306-73, App. 8/6/73; Ord. 76-98, App. 3/6/98; Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.8.  SOLICITATION OF TRADE.
   No Permittee shall permit or allow or cause any Person, including any employee of the Extended-Hours Premises, to solicit by personal solicitation or otherwise, or by means of any device whereby the voice of the person soliciting can be heard at or near such entrance.
(Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98; Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.9.  PROCUREMENT.
   No person shall permit, procure, counsel, or assist any person to expose himself or herself.
(Added by Ord. 252-70, App. 7/23/70)
SEC. 1070.10.  ATTIRE.
   No person shall enter, be, or remain in any establishment licensed pursuant to this Article or required to be licensed pursuant to this Article, except when attired in such a manner that the pubic area, private parts, the crease of the buttocks are completely covered and are not visible to the human eye.
(Added by Ord. 252-70, App. 7/23/70)
SEC. 1070.11.  LIGHTING.
   Every establishment licensed pursuant to this Article shall be lighted throughout an intensity of not less than 12 footcandles during all hours of operation.
(Added by Ord. 252-70, App. 7/23/70)
SEC. 1070.12.  MISCELLANEOUS RULES.
   No professional entertainer or employee may dance, unnecessarily converse, or associate with any customer on the premises in any extended-hours premises; provided, however, that a regularly scheduled audience participation type of entertainment may be presented during the time slated and in the manner described in an advertisement posted in a regularly printed program. Provided, further, that a copy of said advertisement shall be received by the Entertainment Commission 24 hours prior to the conducting of said audience participation entertainment.
(Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002)
SEC. 1070.13.  BOOTHS.
   It shall be unlawful for any person operating an extended-hours premises under the provisions of this Article, in the City and County of San Francisco, or any agent, employee or representative thereof, to erect, construct, maintain, or cause or permit to be erected, constructed or maintained, within such extended-hours premises any private rooms, booths, enclosures or compartments, or any closed stalls, or any alcoves of any nature, so arranged that the inner portion of the same shall not at all times be visible from any point in the extended-hours premises where such rooms, booths, enclosures, compartments, stalls, or alcoves should be reasonably within view.
(Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98)
SEC. 1070.14.  POLICE; INSPECTION.
   The Police Department, in addition to its several other duties, shall inspect any and all establishments licensed pursuant to this Article.
(Added by Ord. 252-70, App. 7/23/70)
SEC. 1070.15.  NOISE ABATEMENT.
   Whenever, upon due notice and hearing, it shall be determined that noise from any establishment licensed under this Article interfered with the right of persons dwelling in the vicinity of such establishment to the peaceful and quiet use and enjoyment of their property, the Entertainment Commission may require that the premises be soundproofed in a manner that in the judgment of the Entertainment Commission will be effective to eliminate the noise or reduce it to a reasonable level. In taking any action under this Section, the Entertainment Commission must balance all of the interests of the respective parties, as well as the hardship which will result from any order, if the Entertainment Commission finds that the noise complained of is of a minimum or unconsequential degree, no action shall be taken under this Article. If a licensee fails, within a reasonable time and in no event more than 60 days after having been ordered to do so pursuant to this Article, to take such steps as were ordered to abate any noise, his license shall be suspended after a second hearing, due notice of which is given, until such time as he complies with the order.
(Added by Ord. 252-70, App. 7/23/70; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)
SEC. 1070.16.  MINORS.
   Except as provided in this Section, no person under 21 years of age shall enter, be, or remain in or on any premises operated as an extended-hours premises. A licensee shall not permit such a person to enter, be, or remain in or on any such premises except on Friday and Saturday nights there shall be a one-half hour grace period, until 2:30 a.m., for the departure from extended-hours premises of persons 18 to 21 years of age.
(Added by Ord. 252-70, App. 7/23/70; amended by Ord. 192-89, App. 6/5/89; Ord. 76-98, App. 3/6/98)
SEC. 1070.17.  SUSPENSION.
   (a)   Permits issued under this Article may be suspended by the Entertainment Commission and the Director as follows:
      (1)   The Entertainment Commission may suspend a permit issued under this Article as provided in Section 1070.17.1.
      (2)   The Director may issue an order of limited suspension as provided in Section 1070.17.2, which order the Permittee may appeal to the Entertainment Commission.
      (3)   The Director may issue an order of suspension for public safety as provided in Section 1070.17.3, which order is not appealable to the Entertainment Commission.
      (4)   The Entertainment Commission and the Director have independent authority to suspend permits; the action of one does not limit action by the other.
   (b)   Every Permittee shall request emergency medical services when any person who has been injured on the premises of the Business needs emergency medical services. The failure to request such services, when such a request would have been reasonable under the circumstances, shall be grounds for suspension of the permit. The Entertainment Commission and Director may allow any circumstances involving the operation of the Business that relate to the injury as evidence supporting suspension of a permit, but may not allow the request itself as evidence to support suspension.
   (c)   When considering whether to suspend a permit under this Article, the Commission and the Director shall consider any previous denial of a permit application or previous suspension or revocation of a permit, under this Article or Article 15.1, for the same permit applicant or Permittee when the circumstances warranting the previous action are relevant to the current determination.
(Added by Ord. 252-70, App. 7/23/70; amended by Ord. 325-91, App. 9/4/91; Ord. 76-98, App. 3/6/98; Ord. 81-00, File No. 000390, App. 5/5/2000; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.17.1.  SUSPENSION BY THE ENTERTAINMENT COMMISSION.
   (a)   GROUNDS FOR SUSPENSION. The Entertainment Commission may suspend any permit issued under this Article under any of the following circumstances:
      (1)   The premises or operation of the Business does not comply with the health, zoning, fire, and safety requirements of the laws of the State of California and ordinances of the City and County of San Francisco applicable to the Business; or
      (2)   The Permittee or an employee or agent of the Permittee has operated the Business:
         (i)   In a manner that has harmed the public health, safety, or welfare by significantly increasing pedestrian congestion, the incidence of disorderly conduct, or the level of noise in the area in which the premises are located, and
         (ii)   The Permittee has refused or failed, upon request by the Police Department, Entertainment Commission or the Director, to take reasonable steps to alleviate these conditions, such as providing additional off-street parking, security, soundproofing, restroom facilities, or refuse containers; or
      (3)    (i)   Permittee or any employee or agent of the Permittee has engaged in conduct on the premises of the Business, or in connection with the operation of the Business, that would constitute a violation of any of the following laws: assault and battery (Cal. Penal Code §§ 240, 242, 245); sexual battery (Cal. Penal Code § 243.4); discharging firearm (Cal. Penal Code §§ 246, 246.3); unlawful weapons (Cal. Penal Code § 12020; S.F. Police Code § 1291); disturbing the peace (Cal. Penal Code §§ 415, 416, 417); unlawful threats (Cal. Penal Code § 422); obstruction of pedestrian or vehicle right-of-way (Cal. Penal Code § 370); gambling (Cal. Penal Code §§ 330, 337a); rape (Cal. Penal Code § 261); statutory rape (Cal. Penal Code § 261.5); prostitution and related offenses (Cal. Penal Code §§ 266, 266a, 266e, 266h, 266i, 315, 316, 647(b)); sex crimes for which registration is required under the Sex Offender Registration Act (Cal. Penal Code § 290); felony sexual assault; loitering for lewd or lascivious purposes (Cal. Penal Code § 647(d)); loitering on private property without lawful business (Cal. Penal Code § 647(h)); identify theft (Cal. Penal Code § 530.5); a violent felony warranting enhancement of a prison term (Cal. Penal Code § 667.5); criminal gang activity (Cal. Penal Code § 186.22), drug offenses (Cal. Health & Safety Code §§ 11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 11379.5); violation of Alcohol Beverage Control laws (Cal. Business & Professions Code §§ 23300, 25602, 25631, 25657, 25658); public urination or defecation (San Francisco Police Code § 153); accumulation of filth (Cal. Health & Safety Code § 17920.3(j)); or excessive noise emissions (San Francisco Police Code Section 49 or Article 29); or
         (ii)   The Permittee has failed to take reasonable steps within the Permittee's control upon the request of the Police Department, the Entertainment Commission or the Director to halt conduct on the premises of the Business, or in connection with the operation of the Business, that would constitute a violation of the laws set forth in Section (a)(3)(i) of this Section; or
         (iii)   The Permittee in the operation of the Business has implemented, maintained, or permitted an admission or related policy or practice prohibited by San Francisco Police Code Section 3305 (prohibiting discrimination); or
      (4)   The Permittee or any employee or agent of the Permittee has violated any requirement of this Article or any other applicable ordinance, any regulation adopted pursuant to this Article, or any condition placed on the permit; or
      (5)   The Permittee has failed to submit a proposed Security Plan as required by Section 1070.28; or
      (6)   The Permittee or any agent or employee of the Permittee has failed to comply with an approved Security Plan or a revised Security Plan as required by Sections 1070.28 and 1070.29; or
      (7)   The Permittee or any agent or employee of the Permittee has failed to request emergency medical services as required by Section 1070.17(b).
   (b)   HEARING PROCEDURE AND DETERMINATION.
      (i)   The Entertainment Commission shall give the Permittee and the Manager written notice of a hearing to determine whether to suspend a permit. The notice shall set forth the grounds for the proposed suspension and the date, time and location of the hearing.
      (ii)   The Chief of Police or the Chief's designee may request in writing that the Director bring a suspension proceeding before the Entertainment Commission. If, within 10 business days of receiving the request, the Director has not brought the suspension proceeding, the Chief may bring the suspension proceeding before the Entertainment Commission. In such a case, the Chief or the Chief's representative shall present the case for suspension, except that the Director may join in presenting the case for suspension if the Director agrees to do so.
   (c)   PERIOD OF SUSPENSION. The Entertainment Commission may suspend a permit for the periods of time set forth in this Subsection (c).
      (i)   For the first violation under Subsection (a)(1) through (6) of this Section, for up to 30 days.
      (ii)   For the second violation of the same or any other provision of Subsection (a)(1) through (6) within six months of the order of suspension for the first violation, for up to 60 days.
      (iii)   For the third and subsequent violation of the same or any other provision of Subsection (a)(1) through (6) within six months of the order of suspension for the second or any subsequent violation, for up to 90 days.
      (iv)   For the purpose of Subsections (c)(ii) and (iii) of this Section, calculation of the six months shall not include any period of time during which the permit was suspended.
      (v)   In determining the length of the suspension, the Entertainment Commission shall consider the seriousness and the frequency of the violation(s) in light of the effort taken to correct them and the impact of the violation(s) on the surrounding neighborhood.
(Added by Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.17.2.  LIMITED SUSPENSION BY THE DIRECTOR; APPEAL TO ENTERTAINMENT COMMISSION.
   (a)   GROUNDS FOR SUSPENSION. The Director may suspend any permit issued under this Article for a period of up to seven days if the Director determines, after providing the Permittee and the Manager at least five days written notice and an opportunity to respond, that any of the circumstances set forth in Subsections (a)(1), (2) or (3) of this Section has occurred. Each order of limited suspension may include multiple violations under Subsections (a)(1), (2), or (3) of this Section. The Director shall provide the written notice required under this Subsection either by mail and electronically or by personal delivery.
      (1)   The Business has exceed the allowable noise emissions under Section 49 or Article 29 of the San Francisco Police Code, or as required under any condition imposed on the permit, on three separate days within a three month time period. The Director may suspend a permit under this Subsection (a)(1) only if:
         (i)   The San Francisco Police Department, the Director, or an authorized agent of either has issued a noise emission report for each violation showing noise levels that exceed those allowed under Section 49 or Article 29 of the San Francisco Police Code, or as required under any condition imposed on the permit, and
         (ii)   The Director has provided notice of the issuance of each noise emission report described in Subsection (a)(1) to the Permittee or the Manager electronically or by mail within three City business days of its issuance.
      (2)   The Permittee or any employee or agent of the Permittee has engaged in Conduct that Constitutes a Nuisance or the Permittee has failed to take reasonable steps within the Permittee's control to halt another Person from engaging in Conduct that Constitutes a Nuisance. "Conduct that Constitutes a Nuisance" as defined in Section 1070(e), means any conduct that would constitute a violation of the following laws: assault and battery (Cal. Penal Code § 240, 242, 245); sexual battery (Cal. Penal Code § 243.4); discharging firearm (Cal. Penal Code § 246, 246.3); unlawful weapons (Cal. Penal Code § 12020; S.F. Police Code § 1291); disturbing the peace (Cal. Penal Code § 415, 416, 417); unlawful threats (Cal. Penal Code § 422); obstruction of pedestrian or vehicle right-of-way (Cal. Penal Code § 370); gambling (Cal. Penal Code §§ 330, 337a); rape (Cal. Penal Code § 261); statutory rape (Cal. Penal Code § 261.5); prostitution and related offenses (Cal. Penal Code §§ 266, 266a, 266e, 266h, 266i, 315, 316, 647(b)); sex crimes for which registration is required under the Sex Offender Registration Act (Cal. Penal Code § 290); felony sexual assault; loitering for lewd or lascivious purposes (Cal. Penal Code § 647(d)); loitering on private property without lawful business (Cal. Penal Code § 647(h)); identify theft (Cal. Penal Code § 530.5); a violent felony warranting enhancement of a prison term (Cal. Penal Code § 667.5); criminal gang activity (Cal. Penal Code § 186.22); drug offenses (Cal. Health & Safety Code §§ 11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 11379.5); violation of Alcohol Beverage Control laws (Cal. Business & Professions Code §§ 23300, 25602, 25631, 25657, 25658); public urination or defecation (San Francisco Police Code § 153); accumulation of filth (Cal. Health & Safety Code § 17920.3(j)); or excessive noise emissions (San Francisco Police Code Section 49 or Article 29).
         This Subsection (a)(2) applies only when both of the following apply:
         (i)   The conduct occurred on the premises of, or on Any Sidewalk Abutting the Premises of, the Business, and
         (ii)   The conduct continued after the Director had notified the Permittee of the problem and informed the Permittee of Corrective Action, as defined in Section 1070, to address the problem, but the Permittee failed to take the Corrective Action.
      (3)   The Permittee or any agent or employee of the Permittee has failed to comply with an approved Security Plan as required by Section 1060.28 or a revised Security Plan as required by Section 1060.29.
   (b)    (1)   OF ORDER; RIGHT TO APPEAL TO COMMISSION. On the day that the Director issues an order of limited suspension, the Director shall send the order to the Permittee and Manager by mail or electronically. The order shall state the date that the order issued and the date that it takes effect. To provide the Permittee with an opportunity to file an appeal to the Entertainment Commission, an order of limited suspension shall not take effect for at least five City business days from the date that the Director issues the order.
      (2)   A Permittee may appeal an order of limited suspension to the Entertainment Commission by filing with the Commission Secretary a written request for review within five City business days of the date that the Director has issued the order. The filing of an appeal stays the order pending the Commission's decision. If a Permittee withdraws the appeal, the Director's order shall no longer be stayed and shall take effect on the date of the withdrawal or the date that the order was to take effect, whichever is later.
      (3)   The Commission may affirm, overturn, or modify the Director's order. When the Commission affirms or modifies the Director's order, the order takes effect the day following the day of the hearing at which the Commission made its determination.
      (4)   If the Permittee does not file a timely appeal of the Director's order, the order shall take effect the day after the time to appeal has expired or the effective date set forth in the order, whichever is later; provided, however, that the Director and the Permittee may agree in writing to an earlier effective date.
      (5)   The Entertainment Commission may adopt a regulation establishing a procedure which would allow the Director or the Commission, or both, to stay and vacate an order of limited suspension if the Permittee submits and complies with a plan to address the problems that gave rise to the suspension.
   (c)   The Director shall initiate suspension proceedings before the Commission under Section 1070.17.1 against any Business that is suspended by the Director under this Section three times in any twelve-month period. For purposes of this Subsection (c), "suspended by the Director" includes a suspension affirmed in whole or part or modified by the Commission if appealed pursuant to Subsection (b)(2) but does not include a suspension overturned by the Commission on appeal. This Subsection (c) shall not in any way preclude the Commission from otherwise exercising its authority to suspend a Business under Section 1070.17.1, or preclude the Director or Chief of Police or Chief's designee from initiating a suspension proceeding under Section 1060.17.1.
   (d)   POLICE DEPARTMENT RECOMMENDATION OF LIMITED SUSPENSION BY THE DIRECTOR. The Chief of Police, or the Chief's designee, may recommend to the Director, orally or in writing, that the Director suspend a permit in accordance with the grounds for suspension stated in Subsection (a) above. If the recommendation is oral, it shall later be reduced to writing and filed with the Director when the permits. If the Director fails to follow the oral or written recommendation, the Director shall report to the Entertainment Commission both the recommendation and the reason or reasons for not following the recommendation. This report shall occur at the next regular Commission meeting subsequent to the recommendation, consistent with the provisions of the Brown Act and Sunshine Ordinance. For purposes of this Subsection (d), the Captain for the district where the Place of Entertainment is located, or the Captain's designee, is deemed the Chief's designee unless the Chief of Police directs otherwise.
      This Subsection (d) shall not preclude any Police Officer from recommending to the Director that the Director suspend a permit in accordance with the grounds for suspension stated in Subsection (a) above.
(Added by Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.17.3.  SUSPENSION FOR PUBLIC SAFETY BY THE DIRECTOR.
   (a)   GROUNDS FOR SUSPENSION. The Director may suspend any permit issued under this Article for up to 72 hours if the Director determines, after providing the Permittee at least 8 hours written notice and an opportunity to respond, that any of the circumstances set forth in Subsection (a)(1)(i) or (ii) of this Section has occurred either on the premises of the Business, on Any Sidewalk Abutting the Premises of the Business, or within 100 feet of the Premises of the Business, provided in this last instance that the person engaging in the conduct that would constitute a violation of a law specified in Subsection (a)(1)(i) had been on the Premises of the Business no more than 30 minutes before engaging in that conduct; that the conduct has resulted or could have resulted in serious bodily injury or death, and that continued operation of the Business poses a serious threat to public safety.
       (1)   (i)   Permittee or any employee or agent of the Permittee has engaged in conduct that would constitute a violation of any of the following laws: assault and battery (Cal. Penal Code §§ 240, 242, 245); felony sexual assault; sexual battery (Cal. Penal Code § 243.4); rape (Cal. Penal Code § 261); statutory rape (Cal. Penal Code § 261.5); pimping (Cal. Penal Code § 266); discharging firearm (Cal. Penal Code §§ 246, 246.3); unlawful weapons (Cal. Penal Code § 12020; S.F. Police Code § 1291); disturbing the peace (Cal. Penal Code §§ 415, 416, 417); unlawful threats (Cal. Penal Code § 422); a violent felony warranting enhancement of a prison term (Cal. Penal Code § 667.5); criminal gang activity (Cal. Penal Code § 186.22); or
         (ii)   The Permittee has failed to take reasonable steps within the Permittee's control and within the limits of the law to halt the conduct of another Person that would constitute a violation of any law described in Subsection (a)(1)(i) of this Section.
   (b)   NOTICE OF PROPOSED ORDER. The Director shall provide the written notice required under Subsection (a) of this Section to the Permittee and the Manager by personal delivery and electronically.
   (c)   EFFECTIVE DATE AND TIME OF ORDER. The order of suspension for public safety issued under this Section shall take effect at the date and time stated in the order.
   (d)   DIRECTOR MAY VACATE ORDER. The Director may vacate an order of suspension for public safety if the Director determines that operation of the Business before expiration of the suspension order will not pose a danger to the public because additional information demonstrates that the conduct was not related to the operation of the Business, the Permittee has taken adequate steps to correct the problem giving rise to the suspension, or other circumstances warrant such action.
   (e)   POLICE DEPARTMENT RECOMMENDATION OF SUSPENSION FOR PUBLIC SAFETY. The Chief of Police, or the Chief's designee, may recommend to the Director, orally or in writing, that the Director suspend a permit for public safety in accordance with the grounds for suspension stated in Subsection (a) above. If the recommendation is oral, it shall later be reduced to writing and filed with the Director when time permits. If the Director fails to follow the oral or written recommendation, the Director shall report to the Entertainment Commission both the recommendation and the reason or reasons for not following the recommendation. This report shall occur at the next regular Commission meeting subsequent to the recommendation, consistent with the provisions of the Brown Act and Sunshine Ordinance. For purposes of this Subsection (e), the Captain for the district where the Place of Entertainment is located, or the Captain's designee, is deemed the Chief's designee unless the Chief of Police directs otherwise.
      This Subsection (e) shall not preclude any Police Officer from recommending to the Director that the Director suspend a permit for public safety in accordance with the grounds for suspension stated in Subsection (a) above.
(Added by Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.18.  FORFEITURE OF FEE.
   On revocation of the permit, no part of the permit fee shall be returned, but the said permit fee shall be forfeited to the City and County of San Francisco.
(Added by Ord. 252-70, App. 7/23/70)
SEC. 1070.19.  EXCEPTIONS.
   (a)   The Entertainment Commission may grant an exception to an Extended-Hours Premises as defined herein from the provisions of Sections 1070.11, 1070.13, and 1070.16 relating to lighting of the premises, booths, and minors on the premises if the Entertainment Commission shall find that the Extended-Hours Premises is used exclusively for any of the following purposes:
      (1)   A Bona Fide Public Eating Place as defined herein to which the Department of Public Health has issued a public eating place permit.
      (2)   A Place of Entertainment with no liquor license.
      (3)   An Extended-Hours Premises operated by any public agency; by any educational, recreational, or social agency; or by any Bona Fide Nonprofit Club or Organization.
   (b)   Any determination as to the exception status of any applicant pursuant to this Section shall be made by the Entertainment Commission.
   (c)   A decision by the Entertainment Commission denying the exception from the regulations shall be final except that an appeal therefrom may be taken within ten days to the Board of Appeals.
(Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 47-04, File No. 032029, App. 4/1/2004; Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.20.  REVOCATION OF A PERMIT.
   (a)   Grounds for Revocation. The Entertainment Commission may revoke any permit issued under this Article if it determines after a public hearing that any of the following conditions exist:
      (1)   The Permittee has knowingly made any false, misleading, or fraudulent statement of material fact or has knowingly omitted a material fact in the application for a permit.
      (2)   The Permittee has failed to pay any fee or charge required under this Article.
      (3)   The Permittee has failed to surrender the permit as required by Section 1070.22(b).
      (4)   One or more of the grounds for suspension enumerated in Section 1070.17.1(a) applies, and considerations of public safety warrant revocation of the permit. For purposes of this provision, "considerations of public safety" means a substantial risk of physical harm or injury to individuals. In determining whether considerations of public safety warrant revocation, the Commission shall evaluate the likelihood and seriousness of the threat to public safety that continued operation of the Business under the permit presents. In making its determination, the Commission shall consider the following factors: (i) the history of violence and other public safety problems associated with the operation of the Business; (ii) a pattern of the Permittee's noncompliance with Security Plan requirements imposed by law or as a condition of the permit; (iii) the frequency of the Permittee's violations of other provisions of law or permit conditions, which violations have contributed to violence or other public safety problems associated with the operation of the Business; (iv) the degree to which the Permittee's action or inaction has been responsible for violence and other public safety problems associated with the operation of the Business; and (v) the degree to which the City, through the Entertainment Commission, Director, Police Department, or otherwise, has notified the Permittee of violence or other public safety problems associated with the operation of the Business and/or of the need to take action to reduce such problems, and the promptness and efficacy of the Permittee's responses.
      (5)   One or more of the grounds for suspension enumerated in Section 1070.17.1(a) applies, and revocation is warranted because the problems that those grounds have created have been serious and continuing, and the action or inaction of the Permittee contributing to those problems has been persistent; provided, that the circumstances warranting revocation under this provision would constitute a public nuisance within the meaning of Section 3480 of the California Civil Code.
   (b)   Hearing by Commission. The Entertainment Commission shall give the Permittee and the Manager written notice of a hearing to determine whether to revoke a permit. The notice shall set forth the grounds for the proposed revocation and the date, time and location of the hearing.
   (c)   Application for Permit After Revocation. The revocation of a permit under this Article shall not preclude the Permittee from applying for a new permit under this Article, except that, notwithstanding any other provision of law, including but not limited to Section 1060.5(f), revocation under Section 1070.20(a)(4) or Section 1070.20(a)(5) shall render the Permittee ineligible to apply for a new permit under this Article for one year from the date of revocation.
   (d)   When considering whether to revoke a permit under this Article, the Commission and the Director shall consider any previous denial of a permit application or previous suspension or revocation of a permit, under this Article or Article 15.1, for the same permit applicant or Permittee when the circumstances warranting the previous action are relevant to the current determination.
(Added by Ord. 252-70, App. 7/23/70; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 238-09, File No. 080324, App. 11/20/2009; Ord. 217-10, File No. 100674, App. 8/9/2010)
SEC. 1070.20.1  RESERVED.
(Amended by Ord. 555-81, App. 11/12/81; Ord. 76-98, App. 3/6/98; repealed by Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.21  RESERVED.
(Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002; repealed by Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.22.  PERMITS NOT TRANSFERABLE; PERMIT MUST BE SURRENDERED UPON SALE OF BUSINESS; PERMIT AMENDMENT REQUIRED TO CHANGE PARTNERS OR OTHER OWNERS.
   (a)   No Person may transfer a permit issued under this Article to any other Person.
   (b)   If a Permittee Sells the Business, the Permittee shall promptly surrender the permit to the Director. If the Permittee fails to surrender the permit to the Director, the Director may, after giving the Permittee notice by mail and electronically of the proposed action and an opportunity to respond, revoke the permit.
   (c)   Notwithstanding Subsections (a) and (b) of this Section, a Permittee may change partners, shareholders, or other owners of a Business provided that (1) the sale or other transfer of ownership results in a Person owning no more than 50% of the Business, regardless of the form of ownership, and (2) the Permittee obtains an amendment to the Permit as provided in this Section. If the transfer of ownership does not result in any Person (who did not already have such a percentage interest) having an ownership interest of ten percent or more, the Permittee is not required to obtain a permit amendment.
   (d)   A Permittee seeking to amend a permit as required under this Section shall pay the filing fee for Permit Amendment/Additional Partner set forth in Section 2.26 of this Code. The applicant shall provide that portion of the information sought under Section 1070.3 that the Director requires.
   (e)   The Director shall determine within 30 days of the filing of a complete application to amend a permit whether to approve it. The Director shall approve the application unless he or she determines that denial is warranted under any of the grounds set forth in Section 1070.5(f) (incorporating the standards set forth in Section 1060.5(f)) and shall notify the Permittee and Manager of the approval electronically and either by mail or personal delivery.
   (f)   If the Director determines that disapproval of the application may be warranted, the Director shall schedule a hearing on the matter for the next regularly scheduled meeting of the Entertainment Commission. The Director shall promptly provide written notice of the hearing to the Permittee and the Manager by mail and electronically.
   (g)   The Entertainment Commission shall determine whether to approve the application according to the standards governing the initial application for an Extended-Hours Premises Permit (incorporating the standards set forth in Section 1060.5(f)).
   (h)   Temporary Permits. Once the Entertainment Commission receives a surrendered Permit under this Article, the new owner of the business may apply to the Executive Director of the Entertainment Commission for an Extended-Hours Premises Permit, subject to any required Planning Department approvals, for a period not to exceed 90 days from the date of surrender (a "Temporary Extended-Hours Permit"). The Executive Director of the Entertainment Commission may grant a Temporary Extended-Hours Permit provided that (1) the new owner has already submitted an application for an Extended-Hours Permit, (2) that the new owner's Entertainment events and activities are consistent with those allowed under the prior Permit, (3) that the premises at issue complies with all existing health, safety, and fire ordinances, and (4) where a Temporary Extended-Hours Permit is necessary to ensure uninterrupted operations of a business at the premises. This Temporary Permit may not be renewed as a Temporary Permit. The Entertainment Commission may establish additional procedures and Temporary Extended-Hours Permit criteria to help carry out the goals of this Section 1070.22(h).
(Amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 238-09, File No. 080324, App. 11/20/2009; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)
SEC. 1070.23.  PERMIT REQUIRED.
   All premises operating as an extended-hours premises as defined in Section 1070(a) herein are required to conform with all provisions contained in Sections 1070 through 1070.17 of this Article within 90 days of the effective date thereof, unless excepted pursuant to Section 1070.19; failure so to do shall make continued operation of said extended-hours premises establishment a violation of Section 1070.24 hereof.
   New permits must be obtained from the Entertainment Commission as Sections 1070.1, 1070.2, 1070.3 and 1070.4 hereof provide.
(Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002)
SEC. 1070.24.  CRIMINAL AND ADMINISTRATIVE PENALTIES.
   (a)   CRIMINAL PENALTY. Any person who violates any provision of this Article shall be deemed guilty of an infraction. Any person who violates this Article more than once in a 12-month period shall be guilty of an infraction or a misdemeanor, at the discretion of the prosecutor. A first violation of this Article is an infraction is punishable by a fine of not more than $100. A second violation within one year of the date of the first violation is an infraction punishable by a fine of not more than $200 or a misdemeanor punishable by a fine of not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment, at the discretion of the prosecutor. A third or subsequent violation within one year of the date of the second or subsequent violation is an infraction punishable by a fine of not more than $500 or a misdemeanor punishable by a fine of not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment, at the discretion of the prosecutor. Each day a Person conducts, operates, or maintains a Business without a valid permit shall constitute a separate violation.
   (b)   ADMINISTRATIVE PENALTY.
      (1)   The Director may issue administrative citations for the violation of any condition imposed on a permit granted under this Article and any violation of Section 1070.28 or 1070.29 (governing Security Plans). San Francisco Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," is hereby incorporated in its entirety and shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued under this Subsection (b). The Director shall impose fines for violations of any permit condition and any violation of Section 1070.28 or 1070.29 as set forth in Section 100.5(a) of the San Francisco Administrative Code.
      (2)   Notwithstanding Subsection (b)(1) of this Section, the procedure governing the appeal of a citation set forth in San Francisco Administrative Code Chapter 100 is revised as provided in this Subsection (b)(2). The Controller may designate the Director of the Department of Public Works as a hearing officer under San Francisco Administrative Code Section 100.7, but shall designate such officer for no more than one appeal a month and for no more than 12 times in a 12-month period.
(Added by Ord. 251-70, App. 7/23/70; Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.25.  SEVERABILITY.
   If any section, Subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, Subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, Subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
(Added by Ord. 252-70, App. 7/23/70)
SEC. 1070.26  RESERVED.
(Added by Ord. 75-98, App. 3/6/98; amended by Ord. 217-00, File No. 001313, App. 9/8/2000; repealed by Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.27.  EARPLUGS AND FREE DRINKING WATER.
   If the location for which the extended hours premises permit is issued holds over 500 persons and contains a dance floor or other place primarily designated for dancing, the permit holder shall provide:
   (a)   Free cool drinking water to patrons by means of an automatic drinking fountain or by providing cups of water at all beverage service locations, or both; and
   (b)   Earplugs for free, or for sale on the premises at a reasonable price.
(Added by Ord. 176-00, File No. 000477, App. 7/28/2000; amended by Ord. 215-02, File No. 021459, App. 11/1/2002)
SEC. 1070.28.  APPROVAL REQUIRED FOR SECURITY PLANS.
   (a)   Every Extended-Hours Premises shall have a Security Plan, as defined in Section 1070(o), that has been approved by the Entertainment Commission or by the Director, as required by this Article.
   (b)   As of the effective date of this Section, the Entertainment Commission shall not approve any permit or other application relating to a Business 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 1070(o) 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 plan with the minimum requirements of Section 1070(o).
   (c)   Compliance with the Security Plan approved under this Article is a condition of the permit.
   (d)   Every Extended-Hours Premises 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. The Entertainment Commission, the Director and every Permittee shall follow the procedures and standards set forth in Section 1060.31 of this Code for the approval of Security Plans under this Article. The Entertainment Commission may suspend a permit for the Permittee's failure to comply with the requirements of Section 1060.31 as required by this Subsection (d), including the failure to submit a proposed Security Plan and the failure to comply with an approved Security Plan.
   (e)   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, is otherwise required by this Article, or is a condition of the Place of Entertainment permit.
   (f)   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 an Extended Hours Premises Permit the requirement stated in Section 1070(o) 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 the 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 (f), 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. 238-09, File No. 080324, App. 11/20/2009; amended by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
SEC. 1070.29.  DIRECTOR MAY REQUIRE A PERMITTEE TO COMPLY WITH A REVISED SECURITY PLAN.
   Notwithstanding a Security Plan's compliance with the minimum requirements of Section 1070(o) 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 safety and traffic concerns. The procedures and standards set forth in Section 1060.32 of this Code shall govern the issuance of orders directing a Permittee to comply with a revised Security Plan under this Article. The Entertainment Commission may suspend a permit for the Permittee's failure to comply with the requirements of Section 1060.32 as required by this Section.
(Added by Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.30.  COMPLIANCE WITH CONDITIONS; AMENDMENT OF PERMIT TO CHANGE CONDITIONS.
   No Permittee shall operate a Business in any manner inconsistent with any condition imposed on the permit. A Permittee may request an amendment to a permit to remove or change a condition by filing a request with the Secretary of the Commission and paying the fee for an Amendment to a Permit required under Police Code Section 2.26. The Entertainment Commission shall conduct a hearing and determine whether to approve the application to amend the permit according to the procedures and standards governing the initial application for Extended-Hours Premises Permits.
(Added by Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.31.  PERMITTEES REQUIRED TO REPORT CERTAIN INFORMATION.
   (a)   Every Permittee shall provide written notice to the Entertainment Commission within 30 days after any of the following occurs:
      (1)   Criminal charges, complaints or indictments for the Permittee, the Manager, and each Person with authority or control over the Business occurring after the filing of the permit application to the extent that they fall within the categories specified in Sections 1060.3(j), (k) and (l) of this Code as incorporated by Section 1070.3.
   (b)   Every Person holding a Extended-Hours Premises Permit, other than a publicly traded corporation, shall maintain a record of the name and address of every Person that directly or indirectly owns or controls 10% or more of the assets, ownership interests or voting interests in the Person holding the Permit, which shall be known as a "record of principal owners," and shall make the information available to the Entertainment Commission upon request. Every Person subject to this Subsection (b) shall report any change to the record of principal owners within 30 days of the transaction that effects the change. A "publicly traded" corporation is a company that has issued securities through an initial public offering which are traded on at least one stock exchange or over-the-counter market.
(Added by Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.32.  APPEALS TO BOARD OF APPEALS.
   (a)   The following actions taken under this Article may be appealed to the Board of Appeals: The granting or denial of a permit, including a conditionally granted permit, or an amendment to a permit; the suspension or revocation of a permit; and the denial by the Entertainment Commission of an exception from the regulations under Section 1070.19. Any such appeal shall be filed within ten days from the date of the decision, as provided in Section 8 of the San Francisco Business and Tax Regulations Code.
   (b)   Notwithstanding the provisions of Subsection (a) of this Section, the Permittee or permit applicant may seek immediate judicial review of the actions described in Subsection (a) of 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 Permittee or permit applicant is not required to exhaust his or her administrative remedies before the Entertainment Commission or before the Board of Appeals.
(Added by Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.33.  AUTHORITY OF SAN FRANCISCO POLICE DEPARTMENT.
   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. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.34.  PROMOTION OF GENERAL WELFARE.
   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. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.35.  REPORTS BY ENTERTAINMENT COMMISSION.
   (a)   The Director shall prepare regular quarterly and yearly reports pertaining to Extended-Hours Premises Permits and One Time Event Permits. The report for the January-March quarter shall be completed no later than April 20; for the April-June quarter, no later than July 20; for the July-September quarter, no later than October 20; for the October-December quarter, no later than January 30. The first quarterly report shall only cover that portion of the quarter that follows the effective date of Ordinance No. 238-09. The yearly report shall cover the calendar year and be completed no later than January 30. A One Time Event Permit covering the hours of 2:00 a.m. to 6:00 a.m. on January 1 shall be considered as part of the October-December quarter and as part of the year ending December 31.
   (b)   Quarterly and yearly reports shall be promptly submitted to the Clerk of the Board of Supervisors, the Mayor, the Chief of Police, and any City department that has requested such reports or that in the Director's judgment would have an interest in such reports. These reports shall be promptly posted on the Entertainment Commission website and maintained on the website for at least seven years.
   (c)   Yearly reports shall include, for Extended-Hours Premises Permits, total number of existing permits; number of existing permits in each Police District; name and location of the Premises for each existing permit. Existing permits shall be measured as of December 31 immediately prior to submission of the yearly report.
   (d)   Yearly reports shall include, for One Time Event Permits, total number of permits granted during the prior calendar year or granted for events occurring during the prior calendar year; total number of those permits that included authorization for the event to go beyond 2:00 a.m.; number of permits in each Police District; number of permits that included authorization for the event to go beyond 2:00 a.m. in each Police District; name and location of the Premises for each event.
   (e)   Quarterly reports shall include, for Extended-Hours Premises Permits granted during the quarter that is the subject of the report, name and location (street address and Police District) of the Premises; a summary of the Security Plan; a summary of the business plan; and any conditions placed on the permit. In addition, quarterly reports shall include the number of applications for Extended-Hours Premises Permits denied by the Commission, suspended by the Commission or Director, or revoked by the Commission, during the quarter that is the subject of the report, and a summary of the grounds for the denial, suspension, or revocation.
   (f)   Quarterly reports shall include, for One Time Event Permits granted during the quarter that is the subject of the report or granted for events occurring during that quarter, name and location (street address and Police District) of the Premises; whether the permit authorizes the event to go beyond 2:00 a.m.; a summary of the Security Plan; a summary of the business plan; and any conditions placed on the permit. In addition, quarterly reports shall include the number of applications for One-Time Event Permits denied by the Commission, and a summary of the grounds for denial.
   (g)   Quarterly reports shall include a summary of every complaint, whether formal or informal, brought to the attention of the Entertainment Commission or its staff and/or the Police Department pertaining to the operation of an Extended Hours Premises or an event for which a One Time Event Permit had been issued. The report shall state the general nature of the complaint (by way of example but not limitation, noise, overcrowding, altercation, criminal activity); the general type of source of the complaint (by way of example but not limitation, a patron, neighbor, or Police Officer), and the resolution of the complaint, if any.
   (h)   Notwithstanding the time frame for submission of yearly reports as stated in Subsection (a), the Entertainment Commission shall submit no later than 30 days after the effective date of Ordinance No. 238-09 a report containing the information for Extended-Hours Premises Permits required to be included in a yearly report as stated in Subsection (c), current as of the effective date of Ordinance No. 238-09 Further, this report shall contain the information for One Time Event Permits required to be included in a yearly report as stated in Subsection (d), covering calendar year 2008 and that portion of calendar year 2009 up to the effective date of Ordinance No. 238-09.
   (i)   The San Francisco Police Department and other City departments shall cooperate with and assist the Director, at the Director's request, in providing information for all reports that must be submitted under this Section.
(Added by Ord. 238-09, File No. 080324, App. 11/20/2009)
SEC. 1070.36.  PROSPECTIVE MORATORIUM ON GRANT OF EXTENDED-HOURS PREMISES PERMITS.
   (a)   Within two weeks on either side of the yearly anniversary of the effective date of Ordinance No. 238-09, the Entertainment Commission shall hold an annual hearing to determine whether there has been a substantial increase since the effective date of Ordinance No. 238-09 in the number of Extended-Hours Premises Permits in existence. To make this determination as to Extended-Hours Premises Permits at the first annual hearing, the Commission shall compare the number of such permits in existence at the time of the hearing to the number of such permits in existence as indicated in the report submitted pursuant to Section 1070.35(h). To make this determination at subsequent annual hearings, the Commission shall compare the number of such permits in existence at the time of the hearing to the number of such permits in existence at the time of the last annual hearing.
   (b)   If the calculation mandated by Subsection (a) of this Section demonstrates an increase of 15% or more in any year in the number of Extended-Hours Premises Permits in existence and the number is at least 15% greater than the number of such permits in existence as indicated in the report submitted pursuant to Section 1070.35(h), there shall be a City-wide moratorium on the granting of additional Extended-Hours Premises permits. In lieu of a City-wide moratorium, the Entertainment Commission shall have discretion to impose a moratorium applicable only to certain geographic areas of the City in which there is a concentration of Extended-Hours Premises Permits. In this context, a "concentration of Extended-Hours Premises Permits" means geographic areas in the City that have the largest number of Extended-Hours Premises Permits and that cumulatively account for at least 70% of the Extended-Hours Premises Permits in existence as of the hearing mandated by Subsection (a) of this Section. In this context, the Commission may define "geographic areas" by reference to Police Districts, zoning provisions of the Planning Code, or other measures that are reasonable in light of other provisions in City law or commonly understood notions of the contours of various San Francisco neighborhoods. The Commission may exercise its discretion to impose the aforementioned moratorium applicable only to certain geographic areas if the Commission makes a finding on the record that considering all factors, including but not limited to economic and public safety concerns, such a moratorium is preferable to a City-wide moratorium.
   (c)   If a moratorium on Extended-Hours Premises Permits is imposed pursuant to Subsection (b) of this Section, the Entertainment Commission or Director, in consultation with the Police Department, Planning Department, and such other departments as the Commission or Director shall designate, shall conduct a study of the effects of the moratorium, as well as the effects of the substantial increase in the number of Extended-Hours Premises Permits in existence that gave rise to the moratorium. The study shall be completed no earlier than six months and no later than eleven months after the moratorium is imposed. The Entertainment Commission shall hold a hearing on the subject of the study within one month of completion of the study and shall make a recommendation regarding continuing, modifying, or lifting the moratorium. The Police Department and Planning Department shall participate in the hearing and other interested departments may participate in the hearing. Within three months of the Entertainment Commission hearing, the Board of Supervisors or a committee thereof shall hold a hearing on the same subject.
   (d)   Any moratorium under this Section 1070.36 shall only apply to Extended Hours Premises Permits for any premises where Entertainment is furnished or occurs upon the premises and shall not apply to any premises that serves food, beverages, or food and beverages, without Entertainment.
(Added by Ord. 238-09, File No. 080324, App. 11/20/2009; amended by Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)