(a) Director’s Authority.
(1) Except as otherwise provided in this Section 1060.27, the Director may issue Sound Truck Permits and applicants may appeal the Director’s denial of an application to the Entertainment Commission as set forth in this Section.
(2) The Director shall have the discretion to submit any application to the Entertainment Commission for its determination whether to grant or deny a Sound Truck Permit under the provisions of this Section. Where the Director submits an application to the Commission, and the Commission grants the Sound Truck Permit, the Director may, without further action by the Commission, approve subsequent applications from the same Person to use a Sound Truck for future dates, provided that (A) the subsequent application(s) contain no material changes regarding the nature, location, or scope of the event or purpose for which the Sound Truck will be used, (B) neither the Commission nor any other City agency has received complaints pertaining to the Sound Truck’s prior operations, and (C) any permit conditions imposed by the Commission when granting the initial Sound Truck Permit are included in any and all such subsequent Sound Truck Permits.
(b) Permit Application.
(1) Every Person seeking a Sound Truck Permit shall file an application with the Director no less than seven days before the proposed use of the Sound Truck and shall pay the filing fee provided in Section 2.26 of this Code. The time limitation for the filing of a permit application may be waived by the Director if the applicant can show that the event or events giving rise to the permit application did not reasonably allow the applicant time to file within the time prescribed and imposition of the time limitations would place an unreasonable restriction on the right of free speech.
(2) The application shall include the following information: (A) name and home address of the applicant; (B) address of place of business of the applicant; (C) name and address of the person having direct charge of the Sound Truck; (D) the purpose for which the Sound Truck will be used; (E) a general statement as to the area or areas of the City in which the Sound Truck will be used, including a proposed route if requested; (F) the proposed hours of operation of the Sound Truck; (G) the number of days of proposed operation of the Sound Truck; (H) the general description of the Amplified Sound Equipment which is to be used in or on the Sound Truck; and (I) the maximum sound-producing power of the Amplified Sound Equipment to be used in or on the Sound Truck, the voltage used by said equipment, and the rated power output in watts.
(3) Subject to the waiver provision in subsection (b)(1), the Director shall send the application to the Police Department for input, which the Police Department shall provide to the Director within three City business days of receiving the application.
(c) Permit Grant or Denial. The Director, or in applicable cases under subsection (a)(2) the Entertainment Commission in the Director’s stead, shall review applications for a Sound Truck Permit according to the conditions and standards set forth in Section 1060.5.2(f) and (g), and shall grant a permit unless the Director or the Commission finds (1) that the application was filed less than seven days before the proposed use and a waiver was not granted or warranted, (2) denial is warranted under any of the grounds set forth in Section 1060.5.2(f), or (3) another application has been submitted and a permit issued for the same location during the same time period. If another application has been submitted for the same time and place and is still pending, the Director or the Commission shall deny that application unless the applicant requests that it remain open until the Director or Commission has determined whether to grant or deny any earlier-filed application. When multiple applicants submit complete applications for the same time and place, the Director or Commission shall make determinations on them in the order in which they were received.
(d) Regulations for Sound Truck Use.
(1) Each Sound Truck Permit shall issue for no longer than one 12-hour period. A single Sound Truck Permit may be issued for multiple trucks for the same time and place, subject to payment of the applicable fees in Section 2.26 of this Code. There shall be no limit to the number of trucks that may be covered by one permit.
(2) When granting a Sound Truck Permit, the Director, or in applicable cases under subsection (a)(2) the Entertainment Commission in the Director’s stead, shall require the applicant as a condition of the permit to comply with the following regulations for use:
(A) Hours of operation permitted shall be between 9:00 a.m. and 10:00 p.m.;
(B) No Sound Truck with its amplifying device in operation shall traverse any one block in the City more than eight times in any one calendar day;
(C) Amplified speech and music shall not be unreasonably loud, raucous, or jarring to persons of normal sensitivities within the area of audibility;
(D) When the Sound Truck is in motion, the volume of sound shall be controlled so that it will not be audible for a distance in excess of 450 feet from its source; provided, however, that when the Sound Truck is stopped by traffic, the said sound amplifying equipment shall not be operated for longer than two minutes at such stop; and
(E) When the Sound Truck is not in motion, the volume of sound shall be controlled so that it will not be audible for a distance in excess of 250 feet from the periphery of the attendant audience.
(3) If a permit applicant seeks permit conditions that diverge from any of the aforementioned regulations in subsection (d)(2)(A)-(E), the application must be heard and decided by the Commission, not the Director.
(4) The Director or the Entertainment Commission may impose additional reasonable restrictions on the time, place and manner of the use of amplified sound on the Sound Truck. The Director or Entertainment Commission shall in no event impose conditions pursuant to this Section 1060.27 that are designed to limit the content of First Amendment expression engaged in by persons subject to the permit or which unreasonably interfere with the right of free speech.
(e) Permit Denial. If the permit is denied, the Director, or in applicable cases under subsection (a)(2) the Entertainment Commission in the Director’s stead, shall state in writing the reason for the denial and shall notify the applicant of the determination electronically and either by mail or personal delivery.
(f) Appeal to Entertainment Commission.
(1) An applicant for a Sound Truck Permit who files an application at least 40 days before the date of the proposed event shall have the right to appeal the Director’s denial of the application to the Entertainment Commission. The Director shall act on applications filed at least 40 days before the event within a time period that allows for an appeal to the Commission. The applicant may appeal the Director’s decision to the Commission by filing a written request for review within five City business days of the Director’s decision. The Commission shall hear and decide the appeal as expeditiously as possible, but in no event later than 21 days after the date that the applicant filed the appeal.
(2) Applicants who do not file at least 40 days before the proposed event shall have no right to appeal a denial of the application to the Entertainment Commission unless the Commission has sufficient time to schedule and provide notice of the hearing on the matter for a regularly scheduled meeting. If the applicant has filed the application less than 40 days before the proposed event and the Commission does not have sufficient time to provide the required public notice of the appeal for a regularly scheduled meeting, the Commission is not required to consider the matter. When an applicant files an application less than 40 days before the proposed event, the Director shall inform the applicant that there may be insufficient time for the applicant to appeal the Director’s denial to the Commission.
(g) Non-Transferable. Sound Truck Permits are not transferable. The Permit is valid only for the Person to whom it is issued for the premises specified in the permit.
(h) Judicial Review. An applicant may seek immediate judicial review of an adverse decision by the Director under this Section 1060.27 pursuant to California Code of Civil Procedure Section 1085 or Section 1094.8, as those provisions may be amended, including any successor provisions, or any other procedure provided by law. The applicant may, but is not required to, exhaust his or her administrative remedies before the Entertainment Commission and Board of Appeals.
(Added by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
(Former Sec. 1060.27 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; repealed by Ord. 100-13
, File No. 130182, App. 6/6/2013, Eff. 7/6/2013)