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(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.
(a) Unless otherwise provided in this Article, the following definitions apply.
(i) To provide notice "electronically" means to send written notice by email, facsimile or in any other manner that the Director designates as appropriate to transmit written information other than by mail or personal delivery.
(ii) To "mail" notice or give notice "by mail" means depositing the notice in a sealed envelope or package, clearly labeled to identify the individual to whom it is sent, in a post office, mailbox, or other facility regularly maintained by the United States Postal Service, by First Class Mail, with postage prepaid. The requirement that notice be mailed within a specified period of time means that the notice is deposited in the mail within that period of time.
(iii) "Personally deliver" or "personal delivery" means delivering notice or causing notice to be delivered in person.
(iv) "Notice" means notice of a hearing, decision, action required of an applicant for a permit or a Permittee, or any other information that this Article requires to be given or which the Entertainment Commission or the Director find appropriate in implementing the provisions of this Article.
(b) Applicants for a permit and Permittees shall provide information necessary to enable the Entertainment Commission and the Director to give notice under this Article. Applicants and Permittees shall provide the Director in writing with a street address where the applicant and Permittee receive mail from the United States Postal Service, and with any email address, facsimile number or other information necessary to enable notice to be sent to the applicant and Permittee electronically. The applicant and Permittee shall keep the information required by this Section current by informing the Director in writing of any change. When the Commission or Director mails or personally delivers notice or sends notice electronically to the applicant or Permittee in accordance with the information most recently provided in writing by that Person, such action shall satisfy the requirements of this Article with respect to how notice is given.
(c) In some circumstances, this Article requires notice to the Manager. The Permittee shall provide a telephone and/or cell phone number and a facsimile number or email address for the transmission of notice to the Manager. The Permittee shall keep current the contact information for the Manager and shall notify the Director in writing of any change in this information. The Manager may designate other individuals to whom notice is to be given for any periods of the Manager's absence or unavailability by providing this information in writing to the Director. When the Commission or Director mails or personally delivers notice or sends notice electronically to the Manager, or to any individual designated by the Manager to receive notice in place of the Manager, in accordance with the information most recently provided in writing by the Permittee for the Manager, or by the Manager for his or her designee, such action shall satisfy the requirements of this Article that notice be given to the Manager.
(d) The Director may require applicants, Permittees and Managers to provide different or additional contact information for receipt of notice as communication technologies change.
(e) A Permittee may change the name and/or address of the individual provided by the Permittee in the permit application to accept service of process by providing written notice to the Director.
(Added by Ord. 140-70, App. 4/28/70; Ord. 239-09, File No. 080323, App. 11/20/2009)
(a) The applicant shall file the application for a Place of Entertainment Permit with the Director. The Director may require that the applicant or the applicant's agent file the application in person. Upon determining that an application is complete, the Director shall accept and file it and shall schedule a public hearing before the Entertainment Commission to determine whether the permit should be granted. The Director shall provide written notice of the hearing to the applicant by mail or to the applicant's agent by personal delivery at least 30 days before the date of the hearing. The Director shall promptly notify the Chief of Police or the Chief's designee in writing of the application and the hearing date and shall promptly transmit a copy of the application, including a copy of the security plan, to the Chief or the Chief's designee. For purposes of this Subsection (a), the Captain for the district where the Place of Entertainment would be located, or the Captain's designee, is deemed the Chief's designee unless the Chief of Police directs otherwise. Any Person may submit a written request to the Director to receive notice of the hearing on a permit application.
(b) (1) The applicant shall cause a notice of the hearing to be conspicuously and continuously posted for at least 30 days before the scheduled hearing date on the premises of the Business. Where the Business is located in a neighborhood-commercial or mixed residential district, as defined in Article 7 and 8 of the Planning Code, the applicant shall also make a good faith effort to distribute leaflets at each residence located within 150 feet of the Business, unless the Entertainment Commission finds that a Business located in a district is not likely to significantly generate nighttime noise and traffic to the detriment of residences located in that immediate area. Applicants subject to the requirement of distributing leaflets shall do so at least 30 days before the scheduled hearing date and the distribution shall be done in compliance with the provisions of Article 5.7 (beginning with Section 184.69) of the Public Works Code. The Director shall provide notice of the hearing at least 30 days before the hearing to any Person who has filed a written request for such notice, which notice may be given electronically if the Person has provided electronic contact information, or by mail.
(2) In the event of a continued hearing, the applicant shall cause notice of the continued hearing to be conspicuously and continuously posted on the premises of the Business for at least 10 days before the date of the continued hearing. The Director shall provide notice of the hearing electronically or by mail at least 10 days before the hearing to any Person who has filed a written request for such notice.
(3) The failure of the Director to provide the notice of the hearing to any Person who filed a written request as provided in Subsections (b)(1) and (2) of this Section shall not constitute grounds for invalidation of the actions of the Commission taken at the hearing.
(c) At the hearing on the application, the applicant and any other interested party, including the Police Department or any other public agency, may introduce evidence and present argument relating to the standards for review under Subsection (f) of this Section.
(d) (1) The Entertainment Commission shall hold a hearing and determine whether to grant or deny the permit within 45 City business days of the date that the applicant has submitted a complete application under Section 1060.5(a), except that this 45 day period shall be extended for such period or periods of time that apply under the following circumstances:
(A) If the Entertainment Commission finds that an extension of time is necessary to obtain additional information for its review of the application under the standards set forth in Subsection (f) of this Section, the time period shall be extended for an additional amount of time as the Commission determines appropriate, up to 15 additional days; and
(B) Upon the applicant's request, the Entertainment Commission shall continue the hearing for an additional period of time to allow the applicant an opportunity to comply with the requirements of this Article, in which case the time period is extended for that additional period; and
(C) If the applicant fails to post or maintain notice of the hearing, or make a good faith effort to distribute leaflets to residences, as required by Subsection (b) of this Section, the Director shall have the hearing before the Entertainment Commission continued for such period or periods of time that the Director determines necessary for the applicant to comply with the posting requirement, in which case the time period is extended for that additional period or periods of time; and
(D) If the Director finds that the Commission is unable to meet during the 45 day time period or any permitted time extension due to exigent circumstances, the time period shall be extended until the Commission is able to meet; the Commission shall consider the matter at the first meeting that it conducts following such circumstances.
(e) (1) If the permit applicant has not obtained all permits required for the Business from other City departments by the date of the hearing on the application, the Entertainment Commission may grant a conditional permit pending the issuance of the other required City permits; provided, however, the Commission shall take this action only if sufficient information has been provided to allow for adequate evaluation of the application and if grounds for denial, as set forth in Subsection (f), are not present. Any permit conditionally granted by the Entertainment Commission under this Subsection(e)(1) may be appealed to the Board of Appeals. Any such appeal shall be filed within 10 days of the decision of the Entertainment Commission's conditionally granting the permit. No Person may operate a Business for which a permit has been conditionally granted unless and until the Person has obtained all permits and authorizations required from other City departments.
(2) If the Entertainment Commission does not grant, conditionally grant or deny the permit for a Place of Entertainment within the time required by Subsection (d)(1) of this Section, including any extensions of time provided for in Subsection (d)(1), the permit sought by the applicant shall be deemed granted, conditioned on the requirements that the Permittee obtain all required permits from other City departments within nine months and comply with all the requirements of this Article. The time by which the Entertainment Commission must act commences on the date that the applicant has filed a completed application under Section 1060.5(a).
(f) The Entertainment Commission shall grant or conditionally grant a permit for a Place of Entertainment pursuant to this Article unless it finds:
(1) The premises or the proposed operation of the Business does not comply with the health, zoning, fire, and safety requirements of the laws of the State of California or ordinances of the City and County of San Francisco applicable to the Business; or
(2) Notwithstanding the mitigation provided under the Security Plan submitted by the applicant, the building, structure, equipment, or location of the proposed Business cannot adequately accommodate the type and volume of vehicle and pedestrian traffic anticipated; or
(3) The premises or the proposed operation of the Business lacks adequate safeguards to prevent emissions of noise, glare, dust, and odor that would substantially interfere with the public health, safety, and welfare or the peaceful enjoyment of neighboring property; or
(4) The permit applicant has not provided a Security Plan that adequately addresses the safety of persons and property and provides for the orderly dispersal of individuals and traffic.
(5) In addition to the findings stated in subsections (f)(1)-(4), if the proposed operation of the Business includes the emission of outdoor amplified sound within 300 feet of a hospital, school, place of worship, courthouse, public library, or mortuary during the normal hours of use of said facility, the Commission shall not grant the permit unless the Commission finds that the sound emitted will not be disruptive of the operations of said facility. If there are no other grounds for denial of the permit, the permit shall be issued where the sound emission would occur more than 300 feet from a hospital, school, place of worship, courthouse, public library, or mortuary, unless the Commission finds that the sound emitted will be disruptive of the operations of said facility.
(6) If there is an unresolved citation applicable to the premises that has been issued by a City department, the Entertainment Commission shall not grant the permit without documented authorization from the department that issued the citation.
(7) If the Chief of Police or the Chief’s designee, in person at the Entertainment Commission hearing on the permit application or in writing prior to the hearing, objects to the granting of the permit on the basis that the Commission should make one or more of the findings stated in Subsections (f)(1)-(5) above, the Commission may not issue the permit without specifically addressing the objection in writing or on the record at a Commission meeting, and explaining specifically why the objection does not warrant the finding. This explanation requirement applies but is not limited to objections raised by the Chief or Chief’s designee to the adequacy of a proposed security plan. For purposes of this Subsection (f)(7), the Captain for the district where the Place of Entertainment would be located, or the Captain’s designee, is deemed the Chief’s designee unless the Chief of Police directs otherwise.
(8) The explanation requirement stated in Subsection (f)(7) also applies to objections raised by other City departments; provided, however, that this subsection (f)(8) does not diminish the power of other City departments to issue permits or other authorization required for a Business to operate, and does not empower the Entertainment Commission to override a decision by another City department regarding the issuance of a permit or other authorization required for a Business to operate.
(9) When granting a permit, the Commission shall explain in writing or on the record at a Commission meeting, why it has not made any of the findings stated in subsections (f)(1)-(5).
(10) In considering whether to make any of the findings stated in subsections (f)(1)-(5), the Commission shall consider where relevant the circumstances surrounding any previous denial of a permit application or previous suspension or revocation of a permit, under this Article 15.1 or Article 15.2, for the same permit applicant or Permittee.
(g) Conditions on Permits.
(1) When the Commission grants or conditionally grants a permit, it shall require the applicant as a condition of the permit to comply with the Security Plan that has been approved as provided under this Article.
(2) Pursuant to its authority under subsection (e) of Section 2909 of this Code, when the Commission grants, conditionally grants, or amends a permit, it may require the Permittee as a condition of the permit to comply with noise limits that are lower or higher than those set forth in Article 29 of this Code. In considering whether to impose noise limits that are different from those in Article 29, the Commission may consider any or all of the following factors:
(A) Noise generated by licensed Places of Entertainment generally Citywide, as determined by Commission staff;
(B) Noise generated by the Place of Entertainment in the evening and nighttime;
(C) In the case of an amendment to an existing permit, the length of time the Place of Entertainment has operated, either under the current operator or prior operators;
(D) In the case of an amendment to an existing permit, whether the Commission, Police Department, and/or Department of Public Health have received noise complaints related to the operation of the Place of Entertainment;
(E) The proximity of the Place of Entertainment to other Places of Entertainment or commercial uses;
(F) The proximity of the Place of Entertainment to existing residential buildings;
(G) In the case of an amendment to an existing permit, whether the Place of Entertainment's operations preceded the construction or current use of the buildings in which complainants reside or work.
(3) The Commission may impose additional reasonable time, place and manner conditions on the permit. In considering whether to impose said conditions, the Commission shall consider where relevant the circumstances surrounding any previous denial of a permit application or previous suspension or revocation of a permit, under this Article or Article 15.2, for the same permit applicant or Permittee.
(h) If a Permittee has been conditionally granted a permit but has not obtained all of the permits required from other City departments within nine months from the date that the Entertainment Commission conditionally granted the permit, the conditionally granted permit shall expire by operation of law and be void. Notwithstanding the foregoing sentence, upon the Permittee's written request and a showing of good cause, the Commission may extend the aforementioned nine-month deadline for up to 24 months, subject to an additional extension or extensions totaling no more than 12 months beyond the aforementioned 24 months. In its discretion, the Commission may delegate to the Director, in whatever manner it deems appropriate, the power to extend the nine-month deadline.
(i) The Entertainment Commission shall maintain an updated list of all currently permitted Places of Entertainment, and shall provide that list, with updates as appropriate, to the Planning Department.
(Added by Ord. 140-70, App. 4/28/70; amended by Ord. 325-91, App. 9/4/91; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 216-02, File No. 021460, App. 11/1/2002; Ord. 262-04, File No. 041148, App. 11/4/2004; Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 70-15
, File No. 141298, App. 5/21/2015, Eff. 6/20/2015; Ord. 75-16
, File No. 160104, App. 5/13/2016, Eff. 6/12/2016; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
(a) The applicant shall file the application for a Limited Live Performance Permit with the Director. The Director may require that the applicant or the applicant's agent file the application in person. Upon determining that an application is complete, the Director shall accept and file it and shall schedule a public hearing before the Entertainment Commission to determine whether the permit should be granted. The Director shall provide written notice of the hearing to the applicant by mail or to the applicant's agent by personal delivery at least 30 days before the date of the hearing.
(b) Notices.
(1) The applicant shall cause a notice of the hearing on a form provided by the Entertainment Commission to be conspicuously and continuously posted on the premises of the Business for at least 30 days before the scheduled hearing date. The Director shall promptly provide notice of the hearing to any Person who has filed a written request for such notice, which notice may be given electronically if the Person has provided electronic contact information, or by mail.
(2) The Director shall provide a copy of all Limited Live Performance Permit applications and the corresponding public hearing notices within a specified geographic area to any Person who, in writing or by email, requests such and identifies the area. Such applications and notices shall be given at least 30 days prior to the date of the public hearings, or within 5 days after receipt of the request if the request is less than 30 days prior to the hearing.
(3) In the event of a continued hearing, the applicant shall cause notice of the continued hearing to be conspicuously and continuously posted on the premises of the Business for at least 10 days before the date of the continued hearing. The Director shall promptly provide notice of the continued hearing electronically or by mail to any Person who has filed a written request for such notice.
(4) The applicant shall file with the Commission a declaration under penalty of perjury affirming compliance with the notice requirement of subsection (b)(1) and, if applicable, subsection (b)(3), on the form provided by the Commission.
(5) The failure of the Director to provide the notice of the hearing to any Person who filed a written request as provided in Subsections (b)(1) and (2) shall not constitute grounds for invalidation of the actions of the Commission taken at the hearing.
(c) At the hearing on the application, the applicant and any other interested party, including the Police Department or any other public agency, may introduce evidence and present argument relating to the standards for review under Subsection (f).
(d) The Entertainment Commission shall hold a hearing and determine whether to grant or deny the permit within 45 City business days of the date that the applicant has submitted a complete application under Section 1060.5.1(a) except that this 45-day period shall be extended for such period or periods of time that apply under any of the following circumstances:
(1) If the Entertainment Commission finds that an extension of time is necessary to obtain additional information for its review of the application under the standards set forth in Subsection (f) of this Section, the time period shall be extended for an additional amount of time as the Commission determines appropriate, up to 15 additional days.
(2) Upon the applicant's request, the Entertainment Commission shall continue the hearing for an additional period of time to allow the applicant an opportunity to comply with the requirements of this Article, in which case the time period is extended for that additional period.
(3) If the applicant fails to post or maintain notice of the hearing as required by Subsection (b) of this Section, the Director shall have the hearing before the Entertainment Commission continued for such period or periods of time that the Director determines necessary for the applicant to comply with the posting requirement, in which case the time period is extended for that additional period or periods of time.
(4) If the Director finds that the Commission is unable to meet during the 45-day time period or any permitted time extension due to exigent circumstances, the time period shall be extended until the Commission is able to meet; the Commission shall consider the matter at the first meeting that it conducts following such circumstances.
(e) (1) If the permit applicant has not obtained all permits required for the Business from other City departments by the date of the hearing on the application, the Entertainment Commission may grant a conditional permit pending the issuance of the other required City permits; provided, however, the Commission shall take this action only if sufficient information has been provided to allow for adequate evaluation of the application and if grounds for denial, as set forth in subsection (f), are not present. Any permit conditionally granted by the Entertainment Commission under this subsection (e)(1) may be appealed to the Board of Appeals. Any such appeal shall be filed within 10 days of the decision of the Entertainment Commission’s conditionally granting the permit. No Person may operate a Business for which a permit has been conditionally granted unless and until the Person has obtained all permits and authorizations required from other City departments.
(2) If the Entertainment Commission does not grant, conditionally grant, or deny the permit for a Limited Live Performance Locale within the time required by subsection (d), including any extensions of time provided for therein, the permit sought by the applicant shall be deemed granted, conditioned on the requirements that the Permittee obtain all required permits from other City departments within nine months and comply with all the requirements of this Article. The time by which the Entertainment Commission must act commences on the date that the applicant has filed a completed application under Section 1060.5.1(a).
(f) The Entertainment Commission shall grant or conditionally grant a Limited Live Performance Permit pursuant to this Article 15.1 unless it finds that:
(1) The premises or the proposed operation of the Business does not comply with the health, zoning, fire, and safety requirements of the laws of the State of California or ordinances of the City and County of San Francisco applicable to the Business; or
(2) The establishment does not qualify as a Limited Live Performance Locale as defined in Section 1060; or
(3) The presentation of Live Performances at the Limited Live Performance Locale will (A) generate the type and volume of vehicle and pedestrian traffic that will cause substantial congestion, (B) adversely affect the safety and security of persons, (C) impede the orderly dispersal of individuals and traffic, or (D) otherwise substantially interfere with the public health, safety, and welfare or the peaceful enjoyment of neighboring property due to excessive noise or any other factor. The Commission may impose conditions on the permit, including a security plan or time, place, and manner restrictions, if necessary and appropriate to guard against these adverse effects. The Limited Live Performance Permit is subject to Article 29 of this Code, regulating noise.
(g) In addition to the findings stated in subsections (f)(1)-(3), if the proposed operation of the Limited Live Performance Locale includes the emission of outdoor amplified sound within 300 feet of a hospital, school, place of worship, courthouse, public library, or mortuary during the normal hours of use of said facility, the Commission shall not grant the permit unless the Commission finds that the sound emitted will not be disruptive of the operations of said facility. If there are no other grounds for denial of the permit, the permit shall be issued where the sound emission would occur more than 300 feet from a hospital, school, place of worship, courthouse, public library, or mortuary, unless the Commission finds that the sound emitted will be disruptive of the operations of said facility.
(h) If there is an unresolved citation applicable to the premises that has been issued by a City department, the Entertainment Commission shall not grant the permit without documented authorization from the department that issued the citation.
(i) In considering whether to make any of the findings stated in subsections (f)(1)-(3) or the finding stated in subsection (g), or to impose conditions on a Limited Live Performance Permit, the Commission shall consider where relevant the circumstances surrounding any previous denial of a permit application or previous suspension or revocation of a permit, under this Article 15.1 or Article 15.2, for the same permit applicant or Permittee.
(j) If a Permittee has been conditionally granted a permit but has not obtained all of the permits required from other City departments within nine months from the date that the Entertainment Commission conditionally granted the permit, the conditionally granted permit shall expire by operation of law and be void. Notwithstanding the foregoing sentence, upon the Permittee’s written request and a showing of good cause, the Commission may extend the aforementioned nine-month deadline for up to 24 months, subject to an additional extension or extensions totaling no more than 12 months beyond the aforementioned 24 months. In its discretion, the Commission may delegate to the Director, in whatever manner it deems appropriate, the power to extend the nine-month deadline.
(k) If the Permit is for a Plaza as identified in Administrative Code Chapter 94, the Permit shall state that it automatically expires upon termination or expiration of the Real Estate Division license for that Plaza or termination or expiration of the Public Works permit for that Plaza issued pursuant to Chapter 94 of the Administrative Code. If the permit is for a People Place as identified in Administrative Code Chapter 94A, the Permit shall state that it automatically expires upon termination or expiration of the People Place Permit issued pursuant to Chapter 94A of the Administrative Code.
(l) When granting a permit, or after issuance of a permit, the Director or Entertainment Commission may require the applicant or Permittee, as a condition of the permit, to comply with an approved Security Plan if the Director or Entertainment Commission determines a Security Plan is necessary to protect the safety of persons and property or to provide for the orderly dispersal of persons and traffic. If, after approving a Security Plan, the Director or Entertainment Commission receives new information that provides a reasonable basis to determine that the Security Plan is inadequate to protect the safety of persons and property and/or provide for the orderly dispersal of persons and traffic, the Director or Entertainment Commission may require the applicant or Permittee to revise the Security Plan to better protect the safety of persons and property and/or the orderly dispersal of individuals and traffic.
(Added by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; amended by Ord. 75-16
, File No. 160104, App. 5/13/2016, Eff. 6/12/2016; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023)
(a) Application. The applicant shall file the application for a Fixed Place Outdoor Amplified Sound Permit with the Director. The Director may require that the applicant or the applicant’s agent file the application in person. Upon determining that an application is complete, the Director shall accept and file it and shall schedule a public hearing before the Entertainment Commission to determine whether the permit should be granted. The Director shall provide written notice of the hearing to the applicant by mail or to the applicant’s agent by personal delivery at least 30 days before the date of the hearing.
(b) Notices.
(1) The applicant shall cause a notice of the hearing to be conspicuously and continuously posted on the premises of the proposed Fixed Place Outdoor Amplified Sound Locale for at least 30 days before the scheduled hearing date. The Director shall promptly provide notice of the hearing to any Person who has filed a written request for such notice, which notice may be given electronically if the Person has provided electronic contact information, or by mail.
(2) The Director shall provide a copy of all Fixed Place Outdoor Amplified Sound Permit applications and the corresponding public hearing notices within a specified geographic area to any Person who, in writing or by email, requests such and identifies the area. Such applications and notices shall be given at least 30 days prior to the date of the public hearings, or within 5 days after receipt of the request if the request is less than 30 days prior to the hearing.
(3) In the event of a continued hearing, the applicant shall cause notice of the continued hearing to be conspicuously and continuously posted on the premises for at least 10 days before the date of the continued hearing. The Director shall promptly provide notice of the continued hearing electronically or by mail to any Person who has filed a written request for such notice.
(4) The failure of the Director to provide the notice of the hearing to any Person who filed a written request as provided in subsections (b)(1) and (2) shall not constitute grounds for invalidation of the actions of the Commission taken at the hearing.
(c) At the hearing on the application, the applicant and any other interested party, including the Police Department or any other public agency, may introduce evidence and present argument relating to the standards for review under subsection (f).
(d) Timing. The Entertainment Commission shall hold a hearing and determine whether to grant or deny the permit within 45 City business days of the date that the applicant has submitted a complete application under Section 1060.3.2, except that this 45-day period shall be extended for such period or periods of time that apply under any of the following circumstances:
(1) If the Entertainment Commission finds that an extension of time is necessary to obtain additional information for its review of the application under the standards set forth in subsection (f), the time period shall be extended for an additional amount of time as the Commission determines appropriate, up to 15 additional days.
(2) Upon the applicant’s request, the Entertainment Commission shall continue the hearing for an additional period of time to allow the applicant an opportunity to comply with the requirements of this Article 15.1, in which case the time period is extended for that additional period.
(3) If the applicant fails to post or maintain notice of the hearing as required by subsection (b), the Director shall have the hearing before the Entertainment Commission continued for such period or periods of time that the Director determines necessary for the applicant to comply with the posting requirement, in which case the time period is extended for that additional period or periods of time.
(4) If the Director finds that the Commission is unable to meet during the 45-day time period or any permitted time extension due to exigent circumstances, the time period shall be extended until the Commission is able to meet; the Commission shall consider the matter at the first meeting that it conducts following such circumstances.
(e) Conditional Grant.
(1) If the permit applicant has not obtained all permits required for the Business from other City departments by the date of the hearing on the application, the Entertainment Commission may grant a conditional permit pending the issuance of the other required City permits; provided, however, the Commission shall take this action only if sufficient information has been provided to allow for adequate evaluation of the application and if grounds for denial, as set forth in subsection (f), are not present. Any permit conditionally granted by the Entertainment Commission under this subsection (e)(1) may be appealed to the Board of Appeals. Any such appeal shall be filed within 10 days of the decision of the Entertainment Commission conditionally granting the permit. No Person may operate Amplified Sound Equipment for which a permit has been conditionally granted unless and until the Person has obtained all permits and authorizations required from other City departments.
(2) If a Permittee has been conditionally granted a permit but has not obtained all of the permits required from other City departments within nine months from the date that the Entertainment Commission conditionally granted the permit, the conditionally granted permit shall expire by operation of law and be void. Notwithstanding the foregoing sentence, upon the Permittee’s written request and a showing of good cause, the Commission may extend the aforementioned nine-month deadline for up to 24 months, subject to an additional extension or extensions totaling no more than 12 months beyond the aforementioned 24 months. In its discretion, the Commission may delegate to the Director, in whatever manner it deems appropriate, the power to extend the nine-month deadline.
(3) If the Entertainment Commission does not grant, conditionally grant, or deny the permit for a Fixed Place Outdoor Amplified Sound Locale within the time required by subsection (d), including any extensions of time provided for therein, the permit sought by the applicant shall be deemed granted, conditioned on the requirements that the Permittee obtain all required permits from other City departments within nine months and comply with all the requirements of this Article 15.1. The time by which the Entertainment Commission must act commences on the date that the applicant has filed a completed application under Section 1060.5.2(a).
(f) Grounds for Denial.
(1) The Commission shall grant or conditionally grant a Fixed Place Outdoor Amplified Sound Permit pursuant to this Article 15.1 unless it finds that:
(A) The premises or the proposed operation of the Business does not comply with the health, zoning, fire, and safety requirements of the laws of the State of California or ordinances applicable to the Business;
(B) The proposed use of outdoor Amplified Sound Equipment at the premises is unsuitable for the area covered by the requested permit and/or incompatible with other neighborhood activities because it will (i) substantially interfere with the public health, safety, and welfare or the peaceful enjoyment of neighboring property; (ii) generate the type and volume of vehicle and pedestrian traffic that will cause substantial congestion and/or impede the orderly dispersal of individuals and traffic, or (iii) adversely affect the safety and security of persons, including traffic and pedestrian safety. In making such determinations, the Commission may consider prior complaints it has received from neighboring businesses and/or residents pertaining to the applicant’s activities and/or the applicant’s prior violations of City noise ordinances, provided that a prior violation shall not, by itself, be grounds for denial of a permit.
(C) There has been a previous denial of a permit application or previous suspension or revocation of a permit issued by the Entertainment Commission for the same permit applicant within the last 12 months, or the specific circumstances surrounding a previous denial, suspension, or revocation from more than one year ago warrant denial; or
(D) The outdoor amplified sound would be emitted within 300 feet of a hospital, school, place of worship, courthouse, public library, or mortuary during the normal hours of use of said facility, unless the Commission finds that the sound emitted will not be disruptive of the operations of said facility. If there are no other grounds for denial of the permit, the permit shall be issued where the sound emission would occur more than 300 feet from a hospital, school, place of worship, courthouse, public library, or mortuary, unless the Commission finds that the sound emitted will be disruptive of the operations of said facility.
(2) If there is an unresolved citation applicable to the premises that has been issued by a City department, the Entertainment Commission shall not grant the permit without documented authorization from the department that issued the citation.
(3) If the Chief of Police or the Chief’s designee, or the Director of the Department of Public Health or the Director’s designee, in person at the Entertainment Commission hearing on the permit application or in writing prior to the hearing, objects to the granting of the permit on the basis that one or more of the findings stated in subsections (f)(1)(A)-(D) above apply, the Commission may not issue the permit without specifically addressing the objection in writing, or on the record at a Commission meeting, and explaining specifically why the objection does not warrant the finding. The explanation requirement stated in the foregoing sentence also applies to objections raised by other City departments.
(4) In considering whether to make any of the findings stated in subsections (f)(1)(A)-(D) or to impose conditions on a Fixed Place Outdoor Amplified Sound Permit, the Commission shall consider where relevant the circumstances surrounding any previous denial of a permit application, previous suspension or revocation of a permit, or previous citations or penalties for violations under this Article 15.1 or Article 15.2, for the same permit applicant or Permittee.
(5) When granting a permit, the Commission shall explain in writing or on the record, at a Commission meeting, why it has not made any of the findings stated in subsections (f)(1)(A)-(D) above.
(g) Conditions on Permits.
(1) When the Commission grants or conditionally grants a permit, it shall require the applicant as a condition of the permit to comply with the outdoor amplified sound regulations in Section 1060.16 of this Article 15.1, unless the Commission finds grounds for different limits on outdoor amplified sound. In considering whether to impose sound limits that are different from those in Section 1060.16, the Commission shall consider the factors enumerated in subsection (c) of Section 1060.16.
(2) The Commission may impose additional reasonable time, place, and manner conditions on the permit. The Commission shall in no event impose conditions pursuant to this Section 1060.5.2 which are designed to limit the content of First Amendment expression engaged in by persons governed by the permit or which unreasonably interfere with the right of free speech.
(Added by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
No operator of a Place of Entertainment or Limited Live Performance Locale shall employ or permit any hostess, entertainer or person to solicit any patron or customer of or visitor in said Place of Entertainment or Limited Live Performance Locale to purchase any beverage or merchandise for the one soliciting or for any other person.
(Added by Ord. 306-73, App. 8/6/73; amended by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011)
No professional entertainer or employee may dance with any customer on the premises in any Place of Entertainment or Limited Live Performance Locale.
(Added by Ord. 140-70, App. 4/28/70; amended by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011)
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