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(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)
(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)
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)
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)
(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)
(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)