SEC. 1075.2.4. SALE OR CHANGE OF OWNERSHIP.

   (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).

   (b)   A sale of the Registrant's business or a change of ownership does not make the Person that is the new owner a Registrant. To act as an Event Promoter, the Person that is the new owner must become a Registrant by complying with Sections 1075.2 and 1075.2.1.

   (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)

SEC. 1075.3. EVENT PROMOTER RECORDS AND INFORMATION.

   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:

   (a)   The Event Promoter's compliance with this Article or with any Order imposed under Sections 1075.5 or 1075.5.1;

   (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)

SEC. 1075.4. PERMITTEES' USE OF REGISTERED EVENT PROMOTERS.

   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)

SEC. 1075.5. DIRECTOR'S POWERS REGARDING EVENT PROMOTERS.

   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)

SEC. 1075.5.1. PROCEDURES AND APPEAL RIGHTS.

   (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)