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(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)
(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)
(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)
(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)
(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.
(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)
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.
(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)
(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)
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)
(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)
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)
(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)
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