(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)