SEC. 1070.1-1. LICENSE FEES.

   (a)   Every person granted an Extended Hours Premises Permit by the Entertainment Commission under this Article 15.2 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.*

   (b)   The amount of the license fee for the 2024-2025 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 2025-2026 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; Ord. 193-24, File No. 240598, App. 7/31/2024, Eff. 8/31/2024)

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.

   (c)   If an applicant submits an application for an Extended-Hours Premises Permit, and the application is not granted, conditionally granted, or denied within 12 months, the Director shall require the applicant to submit a new application for an Extended-Hours Premises Permit that shall be accompanied by the payment of a new filing fee, as set forth in Section 2.26, at the time of submission of the new 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; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023)

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)