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For the purposes of this Article 15.1, unless otherwise provided in this Article, the following words and phrases shall mean:
“Amplified Sound Equipment.” Any machine or device, including but not limited to a loudspeaker, for the reproduction or amplification of the human voice, music, or other sound. Notwithstanding the foregoing sentence, Amplified Sound Equipment shall not include: (a) warning devices, such as but not limited to sirens, on authorized emergency vehicles, or warning devices, such as but not limited to horns, on other vehicles used only for traffic safety purposes; (b) radio or television sets that are (1) permanently installed in motor vehicle to receive programs broadcast from regularly licensed and established radio or television stations, or (2) installed in any dwelling house to receive programs broadcast from regularly licensed and established radio or television stations for the pleasure and entertainment of the occupants of such dwelling houses, or (3) established or maintained in stores indoors to demonstrate radio or television sets carried for sale or demonstration; (c) other mechanical sound or voice-reproducing devices used for the pleasure and entertainment of the occupants of private motor vehicle, or (d) pedestrian operated bullhorns, not exceeding 10 watts, E.I.A.; provided, however, that the provisions of Section 49 of this Code shall be applicable to all items encompassed in exceptions (a)-(d).
“Any Sidewalk Abutting the Premises.” The sidewalk not more than 50 feet from the premises of the Business that is located between the premises and a public street. For purposes of this definition, “premises” includes any immediately adjacent area that is owned, leased, or rented by the permit applicant or Permittee.
“Bona Fide Nonprofit Club or Organization.” Any fraternal, charitable, religious, benevolent, or other nonprofit organization for mutual social, mental, political, or civic welfare, to which admission is limited to members and guests if the revenue accruing therefrom is used exclusively for the benevolent purposes of said organization or agency, and if the organization or agency is exempt from taxation under the Internal Revenue laws of the United States as a bona fide fraternal, charitable, religious, benevolent, or nonprofit organization.
“Business.” The enterprise for which a permit is sought or has been issued under this Article, whether operated on a for-profit or not-for-profit basis.
"Conduct that Constitutes a Nuisance." Any conduct that would constitute a violation of the following laws: assault and battery (Cal. Penal Code § 240, 242, 245); sexual battery (Cal. Penal Code § 243.4); discharging firearm (Cal. Penal Code § 246, 246.3); unlawful weapons (Cal. Penal Code § 12020; S.F. Police Code § 1291); disturbing the peace (Cal. Penal Code § 415, 416, 417); unlawful threats (Cal. Penal Code § 422); obstruction of pedestrian or vehicle right-of-way (Cal. Penal Code § 370); gambling (Cal. Penal Code §§ 330, 337a); rape (Cal. Penal Code § 261); statutory rape (Cal. Penal Code § 261.5); prostitution and related offenses (Cal. Penal Code §§ 266, 266a, 266e, 266h, 266i, 315, 316, 647(b)); sex crimes for which registration is required under the Sex Offender Registration Act (Cal. Penal Code § 290); felony sexual assault loitering for lewd or lascivious purposes (Cal. Penal Code § 647(d)); loitering on private property without lawful business (Cal. Penal Code § 647(h); identify theft (Cal. Penal Code § 530.5); a violent felony warranting enhancement of a prison term (Cal. Penal Code § 667.5); criminal gang activity (Cal. Penal Code § 186.22); drug offenses (Cal. Health & Safety Code §§ 11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 11379.5); violation of Alcohol Beverage Control laws (Cal. Business & Professions Code §§ 23300, 25602, 25631, 25657, 25658); public urination or defecation (San Francisco Police Code § 153); accumulation of filth (Cal. Health & Safety Code § 17920.3(j)); or excessive noise emissions (San Francisco Police Code Section 49 or Article 29).
“Corrective Action.” Action which includes, but is not limited to, the following:
(a) Requesting assistance from the local law enforcement agency in a timely manner regarding the conduct.
(b) Requesting those individuals engaging in Conduct that Constitutes a Nuisance to cease the conduct, or ejecting those Persons from the premises.
(c) Revising the Security Plan, subject to approval by the Entertainment Commission or the Director as provided under this Article.
“Director.” The Executive Director of the Entertainment Commission or individual designated by the Director to act on his or her behalf.
“Entertainment.” Any of the following, except when conducted in a Private Residence:
(a) Any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted in or upon any premises to which patrons or members are admitted.
(b) The playing or use of any instrument capable of producing or used to produce musical or percussion sounds, including but not limited to, reed, brass, percussion, or string-like instruments, or karaoke, or recorded music presented by a live disc jockey on the premises.
(c) A fashion or style show.
(d) The act of any female entertainer, while visible to any customer, who exposes the breast or employs any device or covering which is intended to simulate the breast, or wears any type of clothing so that the breast may be observed.
“Fixed Place Outdoor Amplified Sound Locale.” A Business that uses Amplified Sound Equipment, not attached to a Sound Truck, at any location out of doors in the City for more than a total of 12 days, whether consecutive or non-consecutive, per 12-month period, and at which Entertainment is not furnished or does not occur; for example, playing recorded music on Any Sidewalk Abutting the Premises, patio, courtyard, plaza, or other outdoor space that is under the control of the Business or for which the Business has obtained a permit to use from the City. This definition shall not include property that is a Private Residence.
“Fixed Place Outdoor Amplified Sound Permit.” A permit allowing a Fixed Place Amplified Sound Locale to use Amplified Sound Equipment outdoors.
“Just Add Music (JAM) Permit.” A temporary permit for authorization to provide outdoor entertainment or outdoor amplified sound on City sidewalks, City streets, and outdoor property that is not in the public right-of-way, issued pursuant to the 27th Supplement to Mayoral Proclamation Declaring the Existence of a Local Emergency Dated February 25, 2020, which Supplement is dated September 25, 2020.
“Limited Live Performance Permit.” A permit allowing a Limited Live Performance Locale to present Live Performances.
“Limited Live Performance Locale.” A locale with all the following features:
(a) The presentation of Live Performances is a secondary purpose of the locale rather than its primary purpose.
(b) The locale is indoors, or consists of an outdoor patio, plaza, courtyard, or similar space, with or without open means of public ingress and egress, with an area in which Live Performances are presented that is no greater than 200 square feet. For purposes of this provision, “outdoor patio, plaza, courtyard, or similar space” also shall include, regardless of the square footage of the Live Performance area, (1) any Plaza as identified in Administrative Code Chapter 94; (2) any Shared Space as identified in Administrative Code Chapter 94A, or (3) any Greater Downtown Activation Location as identified in Administrative Code Chapter 94D.
(c) Live Performances presented at the locale conclude by 11 p.m. Notwithstanding the previous sentence, Live Performances must conclude by 10 p.m. at any locale in any of the following areas: (1) the North Beach Neighborhood Commercial District as defined in Planning Code Section 722; (2) the north and south sides of Chestnut Street between the east side of Fillmore Street and the west side of Divisadero Street; and (3) the north side of Lombard Street, between Fillmore Street and Divisadero Street.
(d) The locale is not a Private Residence.
(e) Patrons or members are admitted to the locale, except this requirement shall not apply to a Plaza as identified in Administrative Code Chapter 94 or a Shared Space as identified in Administrative Code Chapter 94A.
“Live Performance.” Any act, play, review, pantomime, scene, song, dance act, song and dance act, poetry recitation, fashion or style show, recorded music presented by a live disc jockey on the premises, or the playing or use of any instrument capable of producing or used to produce musical or percussion sounds, including but not limited to, reed, brass, percussion, or string-like instruments.
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“Manager.” The individual authorized by the Permittee to exercise discretionary power to organize, direct, carry out or control the operations of the Business.
“One Time Event.” An indoor event, or outdoor event such as a concert, parade, fair, festival, athletic event, or block party, that is organized for a group of people, (a) at which Entertainment is furnished or occurs, and (b) which takes place at any location in the City that is not a Private Residence.
“One Time Event Permit.” A permit, as further described in Section 1060.29, allowing a Person to conduct a One Time Event on the premises specified in the permit for no longer than one 24-hour period.
“One Time Outdoor Amplified Sound.” An outdoor gathering, occurrence, or event at which (a) no Entertainment is furnished or occurs, and (b) Amplified Sound Equipment not attached to Sound Trucks is used to project sound outside of any building or at any location out of doors in the City that is not a Private Residence.
“One Time Outdoor Amplified Sound Permit.” A permit allowing One Time Outdoor Amplified Sound on the premises specified in the permit.
“Permittee.” The Person to whom a permit has been issued under this Article.
“Person.” Any person, individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit excepting the United States of America, the State of California, and any political subdivision of either.
“Place of Entertainment.” Every premises, including outdoor premises, to which patrons or members are admitted which serves food, beverages, or food and beverages, including but not limited to alcoholic beverages, for consumption on the premises and wherein Entertainment is furnished or occurs upon the premises.
“Private Residence.” A residence that is used solely or primarily to provide housing and not rented out to third parties for Entertainment uses.
“Professional Entertainer.” A person who is compensated for his or her performance. This definition does not restrict the definition of “Entertainment” in this Section 1060 and is relevant only to the extent the term “Professional Entertainer” is used in this Article.
“Sale of the Business” or “Sell the Business.” The sale or other transfer of the ownership interest in a Business that results in a Person (who did not already have such a percentage interest) owning 50% or more of the Business, regardless of the form of ownership.
“Security Guard.” A person who has a valid Proprietary Private Security Officer registration document issued by the California Department of Consumer Affairs; or a person who is a Patrol Special Police Officer appointed by the Police Commission or an assistant to a Patrol Special Police Officer and is operating in accordance with rules of the Police Commission governing Patrol Special Police Officers and assistants to Patrol Special Police Officers; or, a person who is a Private Patrol Operator, as defined by California Business and Professions Code Sections 7582.1-7582.2, as may be amended from time to time.
“Security Plan.” A plan that adequately addresses the safety of persons and property by (a) providing a ratio of one Security Guard to a specific number of individuals as described in the paragraph immediately below (b) securing the sidewalk for a 100-foot radius in all directions around the premises of the Business to prevent injury to persons and/or damage to property, and (c) providing for the orderly dispersal of individuals and traffic from the premises of the Business and within 100 feet of any door that patrons use to enter or exit the premises. The phrase “100 feet” in (c) means 100 feet from the door in both directions on the same side of the street as the premises of the Business. The plan shall include sufficient staff with the requisite experience to implement the plan.
The Security Plan must provide at least one Security Guard for every 100 individuals anticipated to be present at any one time during Entertainment events on the premises of the Business, with the following two qualifications. There must always be at least one Security Guard for every 100 individuals actually present at any one time during Entertainment events on the premises of the Business. Further, in those areas of the City where a conditional use authorization is required for a late night use, on Thursdays, Fridays, Saturdays, and Sundays from 9:00 p.m. until closing (including early morning hours Friday, Saturday, Sunday, and Monday) the Security Plan must provide at least one Security Guard for every 100 individuals authorized by the Occupancy Permit during Entertainment events on the premises of the Business.
The definition of Security Plan in this Section 1060 does not limit the discretion of the Entertainment Commission and Director as specified in this Article to impose more stringent requirements for a Security Plan as circumstances warrant.
If no Entertainment event is occurring on the premises, the Security Plan does not have to include Security Guards, but the Entertainment Commission retains discretion to impose Security Guard requirements as part of a Security Plan.
“Sound Truck.” Any motor vehicle or other means of conveyance, having mounted thereon, attached thereto, or carrying any Amplified Sound Equipment, except that an “Unenclosed Tour Bus” as defined in Section 2913 of this Code shall not be considered a Sound Truck for purposes of this Article.
“Sound Truck Permit.” A permit allowing a Sound Truck to use Amplified Sound Equipment.
“Tax Collector.” Tax Collector of the City and County of San Francisco.
(Amended by Ord. 42-83, App. 2/4/83; Ord. 325-91, App. 9/4/91; Ord. 165-93, App. 5/28/93; Ord. 262-04, File No. 041148, App. 11/4/2004; Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 100-13
, File No. 130182, App. 6/6/2013, Eff. 7/6/2013; Ord. 82-14
, File No. 140064, App. 6/13/2014, Eff. 7/13/2014; Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 96-23, File No. 230309, App. 5/26/2023, Eff. 6/26/2023; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023; Ord. 237-24, File No. 240804, App. 10/11/2024, Eff. 11/11/2024)
CODIFICATION NOTE
(a) Except as provided in subsections (e) and (f), it shall be unlawful for any Person to own, conduct, operate, or maintain, or to cause or permit to be conducted, operated, or maintained, any Place of Entertainment, Limited Live Performance Locale, One-Time Event, Fixed Place Outdoor Amplified Sound Locale, One Time Outdoor Amplified Sound, or Sound Truck in the City and County of San Francisco without first having obtained the required permit from the Director or Entertainment Commission. No Person shall operate a Place of Entertainment between 2:00 a.m. and 6:00 a.m. without having both a Place of Entertainment Permit and an Extended-Hours Premises Permit.
(b) It shall be unlawful for any Person to conduct, operate, or maintain, or cause or permit to be conducted, operated, or maintained, a Place of Entertainment, Limited Live Performance Locale, One-Time Event, Fixed Place Outdoor Amplified Sound Locale, One Time Outdoor Amplified Sound, or Sound Truck for which a permit has been granted (1) after the permit has been revoked or is otherwise invalid or (2) for any period of time during which the permit has been suspended.
(c) It shall be unlawful for any Person who is required to surrender a permit upon the sale of a Business as required under Section 1060.24(b) to fail to do so.
(d) Any place or premises where a Place of Entertainment Permit, Limited Live Performance Permit, One-Time Event Permit, Fixed Place Outdoor Amplified Sound Permit, or One Time Outdoor Amplified Sound Permit is sought must (1) conform to all existing health, safety, zoning, fire, and other ordinances of the City and County of San Francisco, and (2) must have a valid permit to operate (formerly referenced in this Article as a public eating place permit) from the Department of Public Health, if applicable. The Entertainment Commission, including the Director in the case of a One-Time Event Permit or One Time Outdoor Amplified Sound Permit, may issue a permit under this Article 15.1 conditional upon the applicant receiving the other required permits.
(e) No permit shall be required for any Person to own, conduct, operate, or maintain, or to cause or permit to be conducted, operated, or maintained a Limited Live Performance Locale, where any Entertainment ends by 10 p.m., and the Entertainment consists only of a single individual performing without amplification. Any place or premises where this Entertainment occurs must 1) conform to all health, safety, zoning, fire, and other ordinances of the City and County of San Francisco; and 2) have a valid permit to operate (formerly referenced in this Article 15.1 as a public eating place permit) from the Department of Public Health under Health Code Section 452, if applicable. This subsection (e) shall not apply to any premises that does not hold a currently valid permit that is required under this Article 16.
(f) No permit shall be required for a school to conduct activities that occur on school premises in the regular course of school operations, including but not limited to school sporting events, school dances, and school music program performances, that would otherwise require a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit. A school shall be required to obtain a One Time Event Permit or One Time Outdoor Amplified Sound Permit to engage in activities on school premises that do not occur in the regular course of school operations and that otherwise meet the criteria for such permits.
For purposes of this Section 1060.1, “school” means any Person that is a state-licensed child care center, state-licensed family day care, a public, private, or parochial institution that provides educational instruction for students in any or all of the grades from kindergarten through twelfth grade, or a public or private institution providing post-secondary education as part of a degree program, such as a college or university.
(Added by Ord. 193-05, File No. 051027, App. 7/29/2005; amended by Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 100-13
, File No. 130182, App. 6/6/2013, Eff. 7/6/2013; Ord. 82-14
, File No. 140064, App. 6/13/2014, Eff. 7/13/2014; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023; Ord. 237-24, File No. 240804, App. 10/11/2024, Eff. 11/11/2024)
(a) Except as otherwise provided in this Section 1060.1.1, every person granted a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit by the Entertainment Commission shall pay to the Tax Collector an annual license fee on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
(c) Waiver of Initial License Fee.
(1) The initial license fee associated with Place of Entertainment Permits, Limited Live Performance Permits, and Fixed Place Outdoor Amplified Sound Permits shall be waived as described in this subsection (c).
(2) The following Persons shall be eligible for a waiver of the initial license fee to which they would otherwise be subject under this Section 1060.1.1:
(A) A Person who previously held a JAM Permit, and who, during the time period beginning January 1, 2023 and ending June 30, 2025, applies for a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit to continue to provide outdoor entertainment and/or amplified sound in the same space as authorized by the JAM Permit; and
(B) A Person who, due to Planning Code amendments that take effect on or after January 1, 2023, becomes eligible to apply and applies for a Place of Entertainment Permit or Limited Live Performance Permit on or before June 30, 2025.
(3) Any license fee that is waived pursuant to this subsection (c) but that has been paid shall be refunded, without interest, upon request of the payor of the fee. Any refund request under this subsection (c)(3) must be filed in writing with the Entertainment Commission by June 30, 2025.
(4) This provision shall not apply to a Person who is applying for an amendment to an existing permit.
(Added as Sec. 1060.1-1 by Ord. 193-05, File No. 051027, App. 7/29/2005; amended by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 238-11
, File No. 111101, App. 12/15/2011, Eff. 1/14/2012; redesignated and amended by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023; Ord. 193-24, File No. 240598, App. 7/31/2024, Eff. 8/31/2024)
(a) Every Person seeking a Place of Entertainment permit or an amendment to such a permit shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and, except as otherwise provided in this Section 1060.2, shall pay a filing fee as provided in Section 2.26 of this Code.
(b) The Director shall send the application to the following departments, which shall complete all necessary inspections or approvals and shall endeavor to report their determinations to the Entertainment Commission within 20 City business days of receiving the application.
(1) The Police Department;
(2) The Planning Department;
(3) The Department of Building Inspection, except that this subsection (b)(3) shall not apply if either of the following occurs: (i) the Person provides evidence of the completion of a final inspection for an issued building permit for the premises, as required by Chapter 1A of the San Francisco Building Code, if the inspection was completed in the 12 months before the date of the Person’s application for a Place of Entertainment Permit; or (ii) the Person provides evidence that the premises held a Place of Entertainment Permit within the 12 months before the date of the Person’s application for a Place of Entertainment Permit;
(4) The Department of Public Health, except that this subsection (b)(4) shall not apply if the Person provides evidence of a permit to oper- ate a food preparation and service establishment on the premises, as required by Article 8 of the Health Code, current as of the date of the Person’s application for a Place of Entertainment Permit; and
(5) The Fire Department, except that this subsection (b)(5) shall not apply if the Person provides evidence of a place of assembly permit for the premises, as required by Chapter 1 of the San Francisco Fire Code, current as of the date of the Person’s application for a Place of Entertain- ment Permit.
(c) Waiver of Filing Fee.
(1) The following Persons shall be eligible for a waiver of the filing fee for a Place of Entertainment Permit:
(A) A Person who previously held a JAM Permit and who, during the time period beginning January 1, 2023 and ending June 30, 2025, applies for a new or amended Place of Entertainment Permit to continue to provide outdoor entertainment and/or amplified sound in the same outdoor space as authorized by the JAM Permit; and
(B) A Person who, due to Planning Code amendments that take effect on or after January 1, 2023, becomes eligible to apply and applies for a Place of Entertainment Permit on or before June 30, 2025.
(2) Any filing fee that is waived pursuant to this subsection (c) but that has been paid shall be refunded, without interest, upon request of the payor of the fee to the Entertainment Commission. Any refund request under this subsection (c) must be filed in writing with the Entertainment Commission by June 30, 2025.
(d) If an applicant submits an application for a Place of Entertainment Permit, and the application is not granted, conditionally granted, or denied within 12 months, the Director shall require the applicant to submit a new application for a Place of Entertainment Permit that shall be accompanied by the payment of a new filing fee, as set forth in Section 2.26, at the time of submission of the new application.
(Amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023)
(a) Every Person seeking a Limited Live Performance Permit, or an amendment to such a permit, shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and, except as otherwise provided in this Section 1060.2.1, shall pay a filing fee as provided in Section 2.26 of this Code.
(b) The Director shall send the application to the Police Department and the Planning Department. Those departments shall complete all necessary inspections and report their determinations to the Entertainment Commission within 20 City business days of receiving the application.
(c) Waiver of Filing Fee.
(1) The following Persons shall be eligible for a waiver of the filing fee for a Limited Live Performance Permit:
(A) A Person who previously held a JAM Permit and who, during the time period beginning January 1, 2023 and ending June 30, 2025, applies for a new or amended Limited Live Performance Permit to continue to provide outdoor entertainment and/or amplified sound in the same outdoor space as authorized by the JAM Permit; and
(B) A Person who, due to Planning Code amendments that take effect on or after January 1, 2023, becomes eligible to apply and applies for a Limited Live Performance Permit on or before June 30, 2025.
(2) Any filing fee that is waived pursuant to this subsection (c) but that has been paid shall be refunded, without interest, upon request of the payor of the fee to the Entertainment Commission. Any refund request under this subsection (c) must be filed in writing with the Entertainment Commission by June 30, 2025.
(d) If an applicant submits an application for a Limited Live Performance Permit, and the application is not granted, conditionally granted, or denied within 12 months, the Director shall require the applicant to submit a new application for a Limited Live Performance Permit that shall be accompanied by the payment of a new filing fee, as set forth in Section 2.26, at the time of submission of the new application.
(a) Every Person seeking a Fixed Place Outdoor Amplified Sound Permit or an amendment to such a permit shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and shall pay the filing fee prescribed in Section 2.26 of this Code, except as provided in this Section 1060.2.2 and Section 1060.19 of this Article 15.1.
(b) The Director shall send the application to the Police Department and the Planning Department. Those departments shall complete any necessary inspections and report their determinations to the Entertainment Commission within 20 City business days of receiving the application.
(c) Waiver of Filing Fee.
(1) A Person who previously held a JAM Permit and who, during the time period beginning January 1, 2023 and ending June 30, 2025, applies for a new or amended Fixed Place Outdoor Amplified Sound Permit to continue to provide outdoor entertainment and/or amplified sound in the same outdoor space as authorized by the JAM Permit shall be eligible for a waiver of the filing fee for a Fixed Place Outdoor Amplified Sound Permit.
(2) Any filing fee that is waived pursuant to this subsection (c) but that has been paid shall be refunded, without interest, upon request of the payor of the fee to the Entertainment Commission. Any refund request under this subsection (c) must be filed in writing with the Entertainment Commission by June 30, 2025.
(d) If an applicant submits an application for a Fixed Place Outdoor Amplified Sound Permit for a premises, and the application is not granted, conditionally granted, or denied within 12 months, the Director shall require the applicant to submit a new application for a Fixed Place Outdoor Amplified Sound Permit for the premises that shall be accompanied by the payment of a new filing fee, as set forth in Section 2.26, at the time of submission of the new application.
(a) Where an applicant for a Place of Entertainment Permit provides sufficient evidence to the satisfaction of the Entertainment Commission, or its Director if so designated by the Commission, that the premises has been in regular operation with a valid Place of Entertainment Permit, or a series of consecutive valid Place of Entertainment Permits, without a substantial gap in operation, for at least ten years prior to the effective date of the ordinance in Board of Supervisors File No. 210285, enacting this Section 1060.2.3, the Commission or Director, as applicable, may designate the premises as a Continuing Entertainment Operations Establishment for purposes of Section 193 of the Planning Code.
(b) A “substantial gap in operation” shall not be interpreted to include any of the following: (1) a change in ownership of a premises; (2) the temporary closure of a premises for repair, renovation, restoration, or remodeling, including, but not limited to, restoration or repair of a premises after total or partial destruction or damage due to fire, riot, insurrection, toxic accident, or act of God; or (3) the temporary closure of a premises to comply with restrictions connected to the COVID-19 pandemic.
(Added by Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021)
An application for a Place of Entertainment permit shall specify the following and be signed under penalty of perjury:
(a) The name and street address of the Business for which the permit is sought.
(b) The name and address of the applicant as follows:
(1) If the applicant is a corporation, the name of the corporation exactly as shown in its articles of incorporation; the date and place of incorporation; and the name and address of each officer and director.
(2) If the applicant is a Person other than a publicly traded company, 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 that Person.
(c) The name of and contact information for the Manager who shall directly, or through designees, be on the premises during all hours of operation.
(d) The name and address of each Person who appears on the business registration certificate for the Business for which a permit is sought.
(e) The name and address of each Person to whom the Department of Alcoholic Beverage Control has issued a license for the Business for which a permit is sought.
(f) The names and addresses of the Persons who have or will have authority or control over the Business and a brief statement of the nature and extent of such authority and control, if the applicant has not otherwise provided this information in the application.
(g) The name and address of the Person authorized to accept service of process.
(h) A plan for the Business to operate as a Place of Entertainment, specifying the days and hours of operation, the number of employees and their duties, the number of patrons, a statement certifying that the Business shall comply with the maximum occupancy load for the space as established under the San Francisco Building and Fire Codes, the types or classes of entertainment (in terms of the types of instruments, numbers of performers, and sound levels) to be provided, and the amount of parking, both on and off-site, to be provided. If sound amplification is to be used, the plan shall also include a specific description of the amplification system, and whether the Business proposes to use Amplified Sound Equipment to project sound outside of any building or at any location out of doors. If the plan includes outdoor amplified sound, it shall also include the following information: (1) the location at which Amplified Sound Equipment will be placed out of doors, (2) the hours and dates during which sound will be amplified, (3) a specific description of the amplification system to be used, including the type of sound to be amplified (e.g., speech or music), (4) a statement certifying that the Business shall comply with the maximum noise levels as established under the Police and Health Codes, and (5) a statement whether the activity will take place within 300 feet of a hospital, school, house of worship, courthouse, public library, or mortuary during the normal hours of use of said facilities. Where applicable, the applicant shall submit a copy of a street closure permit, and any other City, state, or federal permit required for the proposed activity.
(i) A proposed Security Plan as defined in Section 1060.
(j) For the Persons(s) whose disclosure is required under Subsections (b), (c), (e) and (f), all criminal charges, complaints or indictments in the preceding ten years which resulted in a conviction or a plea of guilty or no contest for the following laws: assault and battery (Cal. Penal Code § 240, 242, 245); felony sexual assault; sexual battery (Cal. Penal Code § 243.4); rape (Cal. Penal Code § 261); statutory rape (Cal. Penal Code § 261.5); discharging firearm (Cal. Penal Code § 246, 246.3); unlawful weapons (Cal. Penal Code § 12020; S.F. Police Code § 1291); disturbing the peace (Cal. Penal Code § 415, 416, 417); unlawful threats (Cal. Penal Code § 422); obstruction of pedestrian or vehicle right-of-way (Cal. Penal Code § 370); gambling (Cal. Penal Code §§ 330, 337a); prostitution and related offenses (Cal. Penal Code §§ 266, 266a, 266e, 266h, 266i, 315, 316, 647(b)); sex crimes for which registration is required under the Sex Offender Registration Act (Cal. Penal Code § 290); loitering for lewd or lascivious purposes (Cal. Penal Code §§ 647(d), 647(h)); identify theft (Cal. Penal Code § 530.5); a violent felony warranting enhancement of a prison term (Cal. Penal Code § 667.5); criminal gang activity (Cal. Penal Code § 186.22); drug offenses (Cal. Health & Safety Code §§ 11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 11379.5); violation of Alcohol Beverage Control laws (Cal. Business & Professions Code §§ 23300, 25602, 25631, 25657, 25658); or for conduct in another jurisdiction which if carried out in California would constitute an offense under one of the laws set forth in this Subsection (j).
(k) All criminal charges, complaints or indictments in the preceding ten years which resulted in a conviction for the Person(s) whose disclosure is required under Subsections (b), (c), (e) and (f), for any other offense which is a felony or misdemeanor under the laws of this state, or for conduct in another jurisdiction which if carried out in California would constitute a felony or misdemeanor under the laws of this state, provided that this Subsection (k) applies only to offenses arising out of the operation of a nightclub, dance hall, cabaret, Place of Entertainment or an establishment that serves food or beverages.
(l) For the information required by Subsections (j) and (k), a statement setting forth for each Person all charges under which convictions or pleas of guilty or no contest were obtained, any sentence imposed, and for each matter the date, name and location of the court; and if the Person was granted parole or probation, whether the Person successfully completed parole or probation.
(m) Such further information as the Entertainment Commission requires regarding financial and lease arrangements and management, authority, and operational control of the Business or its premises when the information will assist the Commission in its determination whether to grant or deny the permit.
(Added by Ord. 140-70, App. 4/28/70; amended Ord. 325-91, App. 9/4/91; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
An application for a Limited Live Performance Permit shall specify the following and be signed under penalty of perjury:
(a) The name and street address of the Business for which the permit is sought; however, if the application relates to (1) a Plaza as defined in Administrative Code Chapter 94 1
(2) a People Place as defined in Administrative Code Chapter 94A, or (3) a Downtown Activation Location as defined in Administrative Code Chapter 94D, the application shall instead include the name and location of the Plaza, People Place, or Downtown Activation Location, and the name and street address of the Steward or permittee.
(b) The name and address of the applicant as follows:
(1) If the applicant is a corporation, the name of the corporation exactly as shown in its articles of incorporation; the date and place of incorporation; and the name and address of each officer and director.
(2) If the applicant is a Person other than a publicly traded company, 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 that Person.
(c) The name of and contact information for the Manager who shall directly, or through designees, be on the premises during all hours of operation.
(d) The name and address of each Person who appears on the business registration certificate for the Business for which a permit is sought.
(e) The name and address of each Person to whom the Department of Alcoholic Beverage Control has issued a license for the Business for which a permit is sought.
(f) The names and addresses of the Persons who have or will have authority or control over the Business and a brief statement of the nature and extent of such authority and control, if the applicant has not otherwise provided this information in the application.
(g) The name and address of the Person authorized to accept service of process.
(h) A plan for the Business to operate as a Limited Live Performance Locale, specifying the days and hours of operation, the number of employees and their duties, the number of patrons, a statement certifying that the Business shall comply with the maximum occupancy load for the space as established under the San Francisco Building and Fire Codes, the types or classes of live performances (in terms of the types of instruments, numbers of performers, and sound levels) to be provided, and the amount of parking, both on and off-site, to be provided. If sound amplification is to be used, the plan shall also include a specific description of the amplification system, and whether the Business proposes to use Amplified Sound Equipment to project sound outside of any building or at any location out of doors. If the plan includes outdoor amplified sound, it shall also include the following information: (1) the location at which Amplified Sound Equipment will be placed out of doors, (2) the hours and dates during which sound will be amplified, (3) a specific description of the amplification system to be used, including the type of sound to be amplified (e.g., speech or music), (4) a statement certifying that the Business shall comply with the maximum noise levels as established under the Police and Health Codes, and (5) a statement whether the activity will take place within 300 feet of a hospital, school, house of worship, courthouse, public library, or mortuary during the normal hours of use of said facilities. Where applicable, the applicant shall submit a copy of a street closure permit, and any other City, state, or federal permit required for the proposed activity.
(i) A proposed Security Plan, as defined in Section 1060, if the Director or Entertainment Commission determines that a Security Plan is necessary to protect the safety of persons and property or to provide for the orderly dispersal of persons and traffic.
(j) Such further information as the Entertainment Commission requires regarding financial and lease arrangements and management, authority, and operational control of the Business or its premises when the information will assist the Commission in its determination whether to grant or deny the permit.
(Added by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; amended by Ord. 82-14
, File No. 140064, App. 6/13/2014, Eff. 7/13/2014; Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023; Ord. 237-24, File No. 240804, App. 10/11/2024, Eff. 11/11/2024)
CODIFICATION NOTE
(a) An application for a Fixed Place Outdoor Amplified Sound Permit shall specify the following and be signed under penalty of perjury:
(1) The name and street address of the Business for which the permit is sought; however, (A) if the application relates to a Plaza as identified in Administrative Code Chapter 94, the application shall instead include the name and location of the Plaza and the name and street address of the Steward or permittee of the Plaza, (B) if it relates to a People Place, as identified in Administrative Code Chapter 94A, the application shall instead include the name and location of the People Place and the name and street address of the Steward of the People Place, and (C) if it relates to a Downtown Activation Location, as identified in Administrative Code Chapter 94D, the application shall instead include the name and location of the Downtown Activation Location(s) and the name and street address of the Downtown Activation permittee.
(2) The name and address of the applicant as follows:
(A) If the applicant is a corporation, the name of the corporation exactly as shown in its articles of incorporation; the date and place of incorporation; and the name and address of each officer and director.
(B) If the applicant is a Person other than a publicly traded company, 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 that Person.
(3) The name of and contact information for the Manager who shall directly, or through designees, be on the premises during all hours of operation.
(4) The name and address of each Person who appears on the business registration certificate for the Business for which a permit is sought.
(5) The name and address of each Person to whom the Department of Alcoholic Beverage Control has issued a license for the Business for which a permit is sought.
(6) The names and addresses of the Persons who have or will have authority or control over the Business and a brief statement of the nature and extent of such authority and control, if the applicant has not otherwise provided this information in the application.
(7) The name and address of the Person authorized to accept service of process.
(8) A plan for the Business to operate outdoor Amplified Sound Equipment including the following: (A) the location at which Amplified Sound Equipment will be placed out of doors, (B) the hours and dates during which sound will be amplified, (C) a specific description of the amplification system to be used, including the type of sound to be amplified (e.g., speech or music), (D) a statement certifying that the Business shall comply with the maximum noise levels as established under the Police and Health Codes, and (E) a statement whether the activity will take place within 300 feet of a hospital, school, house of worship, courthouse, public library, or mortuary during the normal hours of use of said facilities.
(9) Where applicable, the applicant shall submit a copy of a street closure permit, and any other City, state, or federal permit required for the proposed activity.
(10) Such further information as the Entertainment Commission requires regarding financial and lease arrangements and management, authority, and operational control of the Business or its premises when the information will assist the Commission in its determination whether to grant or deny the permit.
(b) A Person that is seeking or already has a Place of Entertainment Permit or Limited Live Performance Permit for a particular premises, locale, Plaza as identified in Administrative Code Chapter 94, People Place as identified in Administrative Code Chapter 94A, or Downtown Activation Location as identified in Administrative Code Chapter 94D, shall not apply for a Fixed Place Outdoor Amplified Sound Permit for the same location. The use of outdoor Amplified Sound Equipment in conjunction with Entertainment or Live Performance at such premises shall be governed by the Place of Entertainment Permit or Limited Live Performance Permit for that location, as appropriate. Persons seeking to add the use of outdoor Amplified Sound Equipment to an existing Place of Entertainment Permit or Limited Live Performance Permit shall file a request for an amendment to the existing permit in accordance with Section 1060.24.1 of this Article 15.1.
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