For purposes of this Article:
(a) "Event" means an occasion or happening at which Entertainment is presented or a Dance occurs under circumstances where a Place of Entertainment Permit, Extended-Hours Premises Permit. One Time Event Permit, and/or Dance Hall Permit is required, provided all of the following conditions are met:
(1) The venue for the Event, if held indoors, has a legal occupancy limit of 100 persons or more; the Event, if held outdoors, is anticipated to have 100 persons or more in attendance at any one time;
(2) Some portion of the Event takes place between the hours of 10:00 p.m. to 6:00 a.m.;
(3) The Event is not of a bona fide social character. To be of a bona fide social character, admission must be limited strictly on invitation of the Person acting as host; no fee, either by way of admission or in any other manner may be charged, other than to cover costs; and no profit is intended to be made or other commercial or marketing advantage intended to be sought; if an Event Promoter is uncertain whether the Event is of a bona fide social character, the Event Promoter shall inquire of the Director in advance of the Event;
(4) The Event is not a bona fide fundraiser. A bona fide fundraiser is held to raise funds for a charitable, political, religious, or similar purpose, and none of the proceeds can be used for any other purpose, except to cover costs incurred in holding the fundraiser, provided, however, that no proceeds of the fundraiser may inure to the benefit of the Person promoting the event; if an Event Promoter is uncertain whether the Event is a bona fide fundraiser, the Event Promoter shall inquire of the Director in advance of the Event;
(5) The Event is not held at City Hall, the Fine Arts Museums of San Francisco, the Asian Art Museum of San Francisco, the War Memorial and Performing Arts Center, the California Academy of Sciences, or the San Francisco Public Library including all branches;
(6) The Event is not one in which the City has a management role, either exclusively or in concert or partnership with a private individual or entity; and
(7) The Event is not held at a recreational or social hall or similar venue on the property of a church, synagogue, mosque, or other house of worship.
(b) "Hold an Event" means to take action to organize the Event, arrange the program for the Event, or encourage attendance at the Event. To Hold an Event includes but is not limited to the following activities:
(1) Contracting for or renting the Event site;
(2) Exercising some control over the Event site during the Event;
(3) Selecting or contracting for entertainment for the Event;
(4) Advertising or publicizing the Event to members of the public; or
(5) Soliciting members of the public to attend the Event.
(c) "Receives Compensation in Connection with the Event" means one or more of the following:
(1) Receiving or sharing in admission or entrance fees paid by those attending the Event;
(2) Receiving or sharing in compensation, revenue, or other consideration for Holding the Event; or
(3) Receiving or sharing in revenue from food, beverages, or items sold at the Event.
(d) "Event Promoter" is any Person who both Holds an Event and Receives Compensation in Connection with the Event, but does not include the following:
(1) A Permittee, when the Event is held at the venue of the Permittee's Place of Entertainment Permit, Extended-Hours Premises Permit, One-Time Event Permit, or Dance Hall Permit;
(2) A print, broadcast, or internet medium that is paid solely for page space or broadcast time to advertise an event, but exercises no other responsibilities in connection with the Event;
(3) A ticket seller who sells admission tickets to an Event from its own place of business, not at the site of the Event and in advance of the Event, but exercises no other responsibilities in connection with the Event;
(4) An entertainer or performer who is not compensated, or who is compensated solely for his or her performance or presentation of Entertainment at the Event;
(5) An agent of an entertainer or performer described in subsection (d)(4) above;
(6) An employee of an Event Promoter; or
(7) An agent, official, or employee of the City acting in the course of his or her position as an agent, official, or employee.
(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)