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(a) To register as an Event Promoter, a Person shall complete a form or forms prescribed by the Director, and submit the completed form(s) to the Director. The form(s) shall be submitted under penalty of perjury.
(b) The form(s) shall include the following information:
(1) The Person's name, address, phone number, e-mail address (if any), and fax number (if any).
(2) The Person's trade name or business name when acting as an Event Promoter.
(3) All trade names or business names used by the Person when acting as an Event Promoter during the three years prior to submission of the form(s).
(4) If the Person is a corporation, the name of the corporation shall be set forth as shown in its articles of incorporation, along with the date and place of incorporation and the name and address of officers, directors, and of each shareholder owning ten percent or more of the stock of the corporation.
(5) If the Person is a partnership, the name and address of each of the partners, including limited partners. If one or more of the partners is a corporation, the information required in subsections (b)(1) through (b)(4) above pertaining to a corporate applicant apply for that partner.
(6) If the Person is a corporation or partnership, the names and business telephone numbers, cell phone numbers, email addresses, fax numbers, and any other business contact information for the day-to-day manager(s) of the corporation or partnership.
(7) The name(s) and address(es) that appear on any business registration certificate for the Person.
(8) The address to which notice to the Person, when required, is to be sent or mailed, and the name and address of the individual(s) authorized to accept service of process for the Person.
(9) At the discretion of the Director, other identification and contact information similar in nature to the information in subsections (b)(1)-(8) above.
(c) A Registrant shall update the information required to be submitted under subsection (b) above within 30 days after the information becomes inaccurate or incomplete.
(d) If the Director determines that a Registrant, or a Person seeking to become a Registrant, has intentionally submitted information that is false or incomplete in any material respect, or that a Registrant has intentionally failed to update information resulting in a material omission, the Director may issue an Order that the Registrant be removed from, or the Person seeking to become a Registrant not be included in, the online registration system described in Sections 1075.2.2(a) and (b). The Director's Order shall be subject to the procedures and appeal rights specified in Section 1075.5.1. An Order imposed under this subsection (d) by the Director, or by the Commission on appeal of the Director's Order, shall be in effect for one year. A Registrant or a Person seeking to become a Registrant who is the subject of an Order imposed by the Director under this subsection (d) may at any time request that the Director lift the Order or shorten its duration. The Director's decision in response to the request shall not be appealable to the Commission. A Registrant or Person seeking to become a Registrant who is the subject of an Order imposed by the Commission on appeal that modifies the Director's Order may at any time request that the Commission lift the Order or shorten its duration. The Commission may make a decision in response to the request, or delegate the decision to the Director.
(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)
(a) The City shall make the form(s) described in Sections 1075.2.1(a) and (b) available online. Persons shall be permitted to complete and submit the forms to the Director online.
(b) All completed forms shall be publicly available online on the Commission's website or such other website as the Director, in consultation with the Department of Technology, shall determine. Any completed forms submitted in hard copy to the Director shall be placed online by the Director with the other completed forms submitted online. In lieu of the requirement that completed forms be posted online, the Director may post online a registry of Registrants containing the information submitted under Sections 1075.2.1(b)(1) and (2), and such other information submitted under Sections 1075.2.1(b)(3)-(9) as the Director chooses to include in the registry.
(c) The Director shall make a public announcement when the online registration system described in subsections (a) and (b) above become operational. The Director's announcement shall be made by posting a prominent notice on the Commission's website; by mailing or emailing the notice to all Event Promoters for which the Director has contact information; by mailing or emailing the notice to all Permittees and requesting that they forward the notice to Event Promoters; and, in the Director's discretion, by mailing or emailing the notice to trade associations, if any, connected to Event Promoters. The Director may take other measures, in the Director's discretion, to publicize the online registration system. The Director's failure to comply with this subsection (c) shall not invalidate this Article or affect its operative date.
(d) The Commission shall regularly place a notice on agendas for its regular meetings that informs the public of Persons who have become new Registrants.
(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)
(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)
(a) When there is a sale of the Registrant's business or a change of ownership, the Registrant shall notify the Director, who shall remove the Registrant from the online system described in Section 1075.2.2(b).
(c) For a Registrant that is a corporation, a change of ownership occurs when (i) a Person who, at the time of the Registrant's submitting information to the Director under Section 1075.2.1, did not own or control more than 50% of the shares of stock in the corporation, acquires or gains control over more than 50% of the shares, or (ii) Persons who, at the time of the Registrant's submitting information to the Director under Section 1075.2.1, did not cumulatively own or control more than 50% of the shares of stock in the corporation, cumulatively acquire or gain control over more than 50% of the shares, provided that each of those Persons has acquired or gained control over at least 10% of those shares.
(d) For a Registrant that is a partnership, a change of ownership occurs when (i) a Person who, at the time of the Registrant's submitting information to the Director under Section 1075.2.1, did not own or control more than 50% of the partnership or its assets, gains ownership or control of more than 50% of the partnership or its assets, or (ii) Persons who, at the time of the Registrant's submitting information to the Director under Section 1075.2.1, did not cumulatively own or control more than 50% of the partnership or its assets, cumulatively gain ownership or control of more than 50% of the partnership or its assets, provided that each of those Persons has gained ownership or control over at least 10% of the partnership or its assets.
(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)
Any Event Promoter or Permittee shall cooperate with City officials, including but not limited to the Director and the Commission, in providing access to records or any other information relevant to determining:
(b) A Permittee's compliance with this Article; and
(c) The Event Promoter's role and involvement in promoting an Event. The purpose of this subsection (c) is to ascertain the Event Promoter's connection, if any, to the risk or actual occurrence of injury to persons, damage to property, or other safety problems associated with an Event.
(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)
A Permittee may not have a Person act as an Event Promoter at or in connection with an Event at a Place of Entertainment, Extended-Hours Premises, location of a One Time Event, or Dance Hall unless the Event Promoter is a Registrant. For purposes of this requirement, the Permittee may conclude that an Event Promoter is a Registrant if the Event Promoter is listed online in the system described in Section 1075.2.2(b). In circumstances where the Permittee does not have access to the online system, or where a Registrant is not included in the online system due to the City's delay, failure, or error, the Permittee may conclude that the Event Promoter is a Registrant based on (1) the Event Promoter's possession of a valid Registration Receipt and (2) confirmation from the Director that the Event Promoter is a Registrant.
(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)
If an Event Promoter has promoted one or more Events (i) whether or not within the territorial limits of the City, at which the Director determines, in consultation with the Police Department, that there has been a significant risk or actual occurrence of injury to persons, damage to property, or other serious safety problems, or (ii) within the territorial limits of the City, at which the Director determines, in consultation with the Police Department, that there has been an actual occurrence of serious neighborhood disturbance including but not limited to traffic, litter, and noise problems, and if the Director determines, in consultation with the Police Department, that the Event Promoter bears significant responsibility for the risk or actual occurrence referenced in (i) above or the actual occurrence referenced in (ii) above, the Director may issue an Order that:
(a) Requires the Event Promoter to report to the Director some or all future Events within the City for which the Event Promoter will be Holding the Event. The report shall be promptly made following the Event Promoter's knowledge that the Event Promoter will be Holding the Event;
(b) Requires that enhanced Security Plan requirements shall apply to some or all Permittees that use the Event Promoter to hold an Event;
(c) Requires that the Event Promoter hold commercial general liability insurance to cover bodily injury and property damage arising from an Event. The Director's Order shall specify the amount of insurance to be held and other conditions pertaining to the insurance. The Director's Order may extend to insurance for a particular Event or for all Events promoted by the Event Promoter;
(d) Requires that the Event Promoter's managers, employees, and other personnel be subject to criminal background checks; and/or
(e) Requires that the Event Promoter adhere to other conditions and requirements that are warranted in light of the facts and circumstances giving rise to the Order.
(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)
(a) The Director shall send an Order imposed under Section 1075.5 to the Event Promoter electronically and by mail or personal delivery. The Order shall state its date of issuance and its effective date.
(b) To provide the Event Promoter an opportunity to appeal, the Director's Order shall not take effect for ten City business days from the date the Order issues. Any Event Promoter directed to comply with the Director's Order may appeal the Director's Order within ten City business days of the date that the Order issues by filing a written request for review with the Secretary of the Commission. The Event Promoter shall not be required to comply with the Director's Order pending the Commission's action on the matter. If the Event Promoter withdraws the appeal, the Director's Order shall take effect immediately upon the withdrawal of the appeal or upon the effective date of the Director's Order, whichever is later.
(c) When acting on the appeal, the Commission may affirm, overturn, or modify the Director's Order.
(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)
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