Loading...
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)
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)
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)
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)
(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)
(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
(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)
(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.
(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)
Loading...