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)

SEC. 1075.5.2. DURATION OF DIRECTOR'S OR COMMISSION'S ORDER.

   (a)   An Order imposed by the Director under Section 1075.5 may, at the Director's discretion, include an expiration date. An Order imposed by the Commission under Section 1075.5.1(c) that modifies the Director's Order may, at the Commission's discretion, include an expiration date.

   (b)   An Event Promoter who is the subject of an Order imposed by the Director under Section 1075.5 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. An Event Promoter who is the subject of an Order imposed by the Commission under Section 1075.5.1(c) 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)

SEC. 1075.5.3. ONLINE DISCLOSURE OF DIRECTOR'S OR COMMISSION'S ORDER.

   (a)   The Director shall include in the online system described in Section 1075.2.2(b) a reference to any Order that is in effect, imposed by the Director under Section 1075.5 or by the Commission under Section 1075.5.1, against an Event Promoter. The Director shall determine the degree of detail pertaining to the Order to be included in the online system.

   (b)   When using an Event Promoter in connection with an Event, Permittees have an obligation to ascertain whether there is an Order in effect, imposed by the Director under Section 1075.5 or by the Commission under Section 1075.5.1, against an Event Promoter that requires enhanced Security Plan requirements for Events to be Held by the Event Promoter or requires the Event Promoter to have commercial general liability insurance in connection with an Event. If a Permittee contracts with or otherwise engages the services of an Event Promoter, the Permittee (in addition to the Event Promoter) has a duty to proceed with the Event in a manner that is consistent with the requirements of the Director's or Commission's Order.

(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

SEC. 1075.6. MULTIPLE EVENT PROMOTERS FOR A SINGLE EVENT.

   (a)   The definition of Event Promoter does not limit the number of Persons who may qualify as an Event Promoter for a single Event. There can be more than one Event Promoter for a single Event.

   (b)   An Event Promoter may not contract with or otherwise engage another Event Promoter to Hold the same Event unless the other Event Promoter ("Other Event Promoter") is a Registrant. For purposes of this requirement, the Event Promoter may conclude that the Other Event Promoter is a Registrant if the Other Event Promoter is listed online in the system described in Section 1075.2.2(b). In circumstances where the Event Promoter does not have access to the online system, or where the Other Event Promoter is not included in the online system due to the City's delay, failure, or error, the Event Promoter may conclude that the Other Event Promoter is a Registrant based on (1) the Other Event Promoter's possession of a valid Registration Receipt and (2) confirmation from the Director that the Other Event Promoter is a Registrant.

   (c)   An Event Promoter that contracts with or otherwise engages another Event Promoter to Hold the same Event must promptly notify the Permittee that the Other Event Promoter is also Holding the Event.

   (d)   A Permittee's obligation under Section 1075.4 to only use registered Event Promoters for an Event applies to all Event Promoters Holding the Event.

(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

SEC. 1075.7. ADMINISTRATIVE PENALTIES FOR EVENT PROMOTERS.

   Any Event Promoter who violates Sections 1075.2, 1075.2.1, 1075.2.4, 1075.3, 1075.6, or an Order imposed under Sections 1075.5 or 1075.5.1 shall be subject to administrative penalties as set forth in Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," which is hereby incorporated in its entirety and which shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations. The Director shall impose fines for violation of the aforementioned Sections or Orders as set forth in Section 100.5(a) of the Administrative Code. Each day during which a Section or Order is violated shall be considered a separate violation.

(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

SEC. 1075.8. SANCTIONS FOR PERMITTEES.

   Any Permittee who violates Sections 1075.3, 1075.4, or 1075.5.3 shall be subject to the following sanctions:

   (a)   Permit suspension under Sections 1027, 1060.20 et seq., and 1070.17 et seq. of the Police Code;

   (b)   Permit revocation under Section 1027 of the Police Code and, where applicable, Sections 1060.20.4, 1060.20.5, 1070.20(a)(4), and 1070.20(a)(5) of the Police Code;

   (c)   Criminal penalties under Sections 1027, 1060.25(a), and 1070.24(a) of the Police Code; and

   (d)   Administrative penalties as set forth in Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," which is hereby incorporated in its entirety and which shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations. The Director shall impose fines for violation of this Article as set forth in Section 100.5(a) of the Administrative Code. Each day during which a Section or Order is violated shall be considered a separate violation.

(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

SEC. 1075.9. RELATIONSHIP TO OTHER MUNICIPAL CODE PROVISIONS.

   This Article is intended to enhance the City's powers regarding the matters covered in the Article. It is not intended to limit the City's existing powers. By way of example but not limitation:

   (a)   This Article does not limit the duties and responsibilities of Permittees, or the sanctions and penalties that may be imposed against Permittees under Articles 15.1 and 15.2 of the Police Code. Imposition of an Order against an Event Promoter under Section 1075.5 or 1075.5.1 does not absolve a Permittee of responsibility for the safety problems that gave rise to the Order against the Event Promoter.

   (b)   This Article does not limit the City's powers regarding dances and Dance Halls as specified in Sections 1022-1027 of the Police Code.

(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

SEC. 1075.10. ADOPTION OF REGULATIONS.

   The Commission may adopt regulations implementing the provisions of this Article.

(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

SEC. 1075.11. PROMOTION OF GENERAL WELFARE.

   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. 315-10, File No. 101190, App. 12/21/2010)