Loading...
(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)
(a) If the location for which the place of entertainment permit is issued contains a dance floor or other place primarily designated for dancing, the permit holder shall provide:
(1) Free cool drinking water to patrons by means of an automatic drinking fountain or by providing cups of water at all beverage service locations, or both; and
(2) Earplugs for free, or for sale on the premises at a reasonable price.
(b) Notwithstanding the above Subsection, these requirements shall not apply to a Plaza as identified in Administrative Code Chapter 94.
(a) This Section 1060.29 provides a procedure for permitting a Person to conduct, maintain, promote, or sponsor Entertainment on the premises specified in the One Time Event Permit, including operation between 2:00 a.m. and 6:00 a.m. No Person shall conduct, maintain, promote or sponsor Entertainment between 2:00 a.m. and 6:00 a.m. without a One Time Event Permit or an Extended-Hours Premises Permit. One Time Event Permits may be issued for a premises for which a Place of Entertainment Permit has been issued, but for which no Extended-Hours Premises Permit has been issued, when the applicant proposes operating between 2:00 a.m. and 6:00 a.m. Nevertheless, the One Time Event Permit is not intended to function as a routine substitute for a Person’s securing either the Place of Entertainment Permit or the Extended-Hours Permit when the Person’s course of conduct indicates that either or both of those permits would be more appropriate to seek. For purposes of One Time Event Permits, the word “premises” means the area or structure where the event for which a permit is sought occurs, and includes outdoor areas.
(b) Except as otherwise provided in this Section 1060.29, the Director may issue One Time Event Permits and applicants may appeal the Director’s denial of an application to the Entertainment Commission.
(c) A Person may obtain a single One Time Event Permit authorizing events during consecutive or non-consecutive 24-hour periods for the same premises. One Time Event Permits may not authorize events on the same premises for consecutive 24-hour periods without a six-hour break between the end time for the first 24-hour period and the start time for the next 24-hour period. If a One Time Event Permit includes permission to operate between 2:00 and 6:00 a.m., the Permit may not authorize commencement of operations before noon for the same premises later that calendar day.
(d) (1) There shall be no limit on the number of One Time Event Permits a Person may obtain. One Time Event Permits may be issued for events that will occur on consecutive or non-consecutive days on the same premises.
(2) At any premises where events have occurred for a total of 12 or more days within the previous 12-month period, upon receipt of a permit application for a One Time Event Permit, the Entertainment Commission, or its Director as delegated by the Entertainment Commission, shall hold a hearing on the permit application to ensure that the legal standards for granting the permit(s) are met, to determine what conditions, if any, may be appropriate to place on the permit(s), and to ensure that the One Time Event Permit is not being used by the applicant to function as a routine substitute for the applicant’s securing either the Place of Entertainment Permit or the Extended-Hours Permit when the applicant’s course of conduct indicates that either or both of those permits would be more appropriate to seek. The Entertainment Commission, or its Director as delegated by the Entertainment Commission, may, in its discretion, determine that a hearing is not required, if the available evidence indicates that the application is likely to satisfy all of the requirements of this subsection (d).
(e) A Person may obtain more than one One Time Event Permit for the same day. In such an instance, in considering whether to grant the permit(s) and/or place conditions on the permit(s), the Director or Entertainment Commission as appropriate under the procedures of this Section, shall give heightened scrutiny to each permit application to ensure that the legal standards for granting the permit(s) are met and to determine what conditions, if any, may be appropriate to place on the permit(s). In addition, if the applicant submits an application for more than one One Time Event Permits for the same day less than 40 days prior to the day of the event, the Director or Entertainment Commission may disapprove the application(s) on the ground that the applicant filed too late to provide adequate time to evaluate the application(s) so as to determine whether the permit(s) should be granted and/or whether conditions should be placed on the permit(s).
(f) The One Time Event Permit shall be subject to reasonable time, place, and manner conditions, including but not limited to conditions on indoor and outdoor amplified sound, in-and-out privileges, admission of minors, and lighting of the premises. With regard to outdoor amplified sound, the permit shall include the conditions required under Section 1060.16 of this Article 15.1, unless otherwise authorized by the Commission following a public hearing.
(g) Every Person seeking a permit pursuant to this Section 1060.29 shall file an application with the Director no less than seven days before the proposed event and shall pay the filing fee provided in Section 2.26 of this Code, except as otherwise provided in Section 1060.29(h). 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. The applicant shall submit a proposed Security Plan and any other information required for applications under Section 1060.3 as the Director may require. For events taking place in an outdoor area or in both a structure and an outdoor area, the Security Plan shall include additional security personnel to provide adequate security, as determined by the Director, in consultation with the Police Department, given the size and nature of the outdoor space. If the event includes the use of Amplified Sound Equipment in an outdoor area, the application shall include the information required under subsection (a)(8) of Section 1060.3.2 of this Article 15.1. Subject to the waiver provision in this subsection (g), the Director shall send the application no later than seven days before the date of the proposed event to those City departments with jurisdiction over the matter, including, as appropriate, the Police Department, Fire Department, Department of Building Inspection, and Department of Public Health. These departments shall complete all necessary inspections and report their determinations to the Director within three City business days of receiving the application. In addition, the Director shall send all applications to the Police Department for such input from the Police Department as it deems appropriate.
(h) Waiver of Filing Fee.
(1) All filing fees for One Time Event Permits are hereby waived for applicants that previously held a JAM Permit and seek the One Time Event Permit in order to continue activities previously allowed under their JAM Permit while awaiting final approvals by the Department of Public Works or other City departments that are required prior to obtaining a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit.
(2) Any filing fee that is waived pursuant to this subsection (h) 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 (h) must be filed in writing with the Entertainment Commission by June 30, 2025.
(i) An applicant for a One Time Event 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. 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. 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.
(j) The Director shall review applications for a One Time Event Permit according to the standards set forth in Section 1060.5(f) and shall grant a permit unless the Director finds that (1) the application was filed less than seven days before the proposed event and waiver was not granted or warranted, (2) denial is warranted under any of the grounds set forth in Section 1060.5(f), or (3) another application has been submitted and a permit issued for the same premises during the same time period. The Director shall decide whether to grant or deny a complete application promptly after the date by which other City departments are required to report on the proposed application under subsection (e). If another application has been submitted for the same time and place and is still pending, the Director shall deny the application unless the applicant requests that it remain open until the Director 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 shall make determinations on them in the order in which they were received.
(k) If the permit is denied, the Director 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. The Director shall have the discretion to submit any application to the Entertainment Commission for its determination whether to grant or deny a One Time Event Permit under the provisions of this Section 1060.29. Where the Director submits an application to the Commission, and the Commission grants the One Time Event Permit, the Director may, without further action by the Commission, approve subsequent applications for the same One Time Event for future dates provided that (1) the subsequent application(s) contain no material changes regarding the nature or scope of the Event, (2) neither the Commission nor any other City agency has received complaints pertaining to the prior Event(s), and (3) any permit conditions imposed by the Commission when granting the initial permit are included in any and all such subsequent permits.
(l) The applicant may appeal the Director’s decision to the Entertainment 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. 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.
(m) When granting a permit, the Director or Entertainment Commission as appropriate under the procedures of this Section 1060.29, shall require the applicant as a condition of the permit to comply with the approved Security Plan. Notwithstanding the definition of Security Plan in Section 1060, the Security Plan for a One Time Event Permit shall provide at least one Security Guard for every 100 individuals authorized by the Occupancy Permit. If after approving a Security Plan, the Director receives additional information that reasonably demonstrates that the Security Plan is inadequate, the Director may require the Permittee to make revisions to the Security Plan for the purpose of addressing the safety of persons and property.
(n) One Time Event Permits are not transferable. The Permit is valid only for the Person to whom it is issued for the premises specified in the permit.
(o) An applicant may seek immediate judicial review of an adverse decision by the Director under this Section pursuant to California Code of Civil Procedure Section 1085 or Section 1094.8, as these 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. 262-04, File No. 041148, App. 11/4/2004; Ord. 239-09, File No. 080323, App. 11/20/2009; amended by 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)
(a) The City has experienced difficulties meeting its basic duty to provide police, fire and emergency medical services (all "essential services") throughout the City on those occasions such as New Year's Eve, Halloween and the 4th of July where multiple simultaneous or overlapping events attract large crowds. The Board of Supervisors finds that the adoption of a special permit procedure for the review and processing of applications for One Time Events permits for these occasions will help ensure sufficient essential services to protect the safety of all residents of and visitors to the City, while accommodating special events to the extent consistent with the City's basic public safety obligations. By authorizing the adoption of a special permit procedure, the Board intends to encourage applicants to apply for One Time Events Permits sufficiently in advance of the event to enable the City to plan for the provision of essential services. Applicants who apply later may have to bear the additional cost of increased security that the City could have avoided with more advance notice. In addition, the Board is authorizing the Commission to place reasonable limits on the number of One Time Event Permits issued on these designated days to the extent that the Commission determines necessary to ensure public safety.
(b) The Entertainment Commission may adopt a special permit procedure for One Time Events occurring on those designated days for which the Commission finds a substantial risk that the approval of multiple, simultaneous or overlapping One Time Events would (i) require the diversion of so great a number of Police Officers to police the events as to prevent adequate police protection to the rest of the City or (ii) result in a concentration of persons and vehicles that would unduly interfere with the proper delivery of essential services in the City. In making this determination, the Commission shall consider the need for the delivery of essential services both on the day of the event and until 6:00 a.m. the next day.
(c) If the Entertainment Commission elects to adopt a special permit procedure under this Section, it shall first consult with the San Francisco Police Department.
(d) This Section empowers the Entertainment Commission to designate no more than 12 days in a calendar year when the special permit procedure shall apply to applications for One Time Event Permits.
(e) The Commission must adopt the procedure for each calendar year no later than November 1 of the preceding year. The Commission may adopt a procedure for multiple calendar years, in which case it may amend the procedure so long as it acts no later than November 1 preceding January 1 of the year to which the amended procedure applies.
(f) The provisions of this Section supplement those set forth in Section 1060.29. Under the special permit procedure authorized under this Section, the following additional provisions apply:
(1) For applications filed 40 days or more before the proposed event, the Commission may not disapprove the application on the ground that the City does not have adequate time to plan for the provision of essential services, although the Commission may disapprove an application under Subsection (f)(3) of this Section.
(2) For applications filed less than 40 days before the proposed event, the Commission may
(A) Impose conditions on the permit that would not have been necessary had the applicant given the City more time to prepare for the delivery of essential services for the event and for the City as a whole on the day of the event. The conditions may require the applicant to bear additional costs for increased security, including requiring the applicant to hire and deploy Security Guards or implement other security measures for increased crowd control purposes and for monitoring to detect and stop illegal or dangerous behavior in connection with the event; or
(B) Disapprove the application on the ground that the applicant filed too late to give the City adequate time to plan for the provision of essential services for the day of the event without compromising the safety and security of the rest of the City where alternative conditions cannot sufficiently mitigate the public safety and security problems that the event poses.
(3) The Commission may disapprove an application for a One Time Event Permit for events proposed for one of the days designated under this Section, irrespective of the date of the filing, where (i) the conduct of the event, when considered in light of all other events occurring on the day of the event, will require the diversion of so great a number of Police Officers to properly police the event as to impair the capacity of the City to provide adequate police protection to the rest of the City and (ii) the Commission is unable to fashion conditions with which the applicant must comply that will address the public safety and security problems that the event poses. In considering whether to disapprove an application, the Commission may consider the number, size, and geographic concentration of proposed One-Time Events for the designated day. For purposes of this Subsection (f)(3), the "day of the event" includes until 6:00 a.m. after the designated day.
(g) The special permit procedure may limit the number of permits issued for the designated days when the Commission finds a substantial risk that approval of all applications for One Time Events for that day would (i) require the diversion of so great a number of Police Officers to properly police all the events as to prevent adequate police protection to the rest of the City and (ii) the Commission is unable to fashion conditions with which the applicant must comply that will address the public safety and security problems that the event poses. In considering whether to limit the number of permits issued for a designated day, the Commission may consider the number, size, and geographic concentration of proposed One-Time Events for the designated day. If the Commission limits the number of permits, the Commission may authorize approval of applications on a first-come first-served basis, selection by lottery, or other method that is objective and fair and unrelated to the content of the Entertainment provided. In addition, the Commission may include a schedule of limits that vary depending on the size and location as they affect congestion that could impede prompt delivery of essential services.
(h) The authority to impose conditions on days designated by the Commission under this Section includes the authority to require Permittees to comply with the conditions both on the designated day and until 6:00 a.m. the next day.
(i) The Commission shall provide at least 10 days notice of the hearing to adopt or amend the special permit procedure. The Commission may provide notice electronically to Businesses then operating under a permit issued by the Commission and may, in addition, provide such additional notice as it deems best calculated to reach the entertainment community.
(j) The Director shall post on the Commission's website the special permit procedure adopted by the Commission. The Director may also provide notice electronically to Businesses then operating under a permit issued by the Commission and such other notice that the Director determines is best calculated to reach the entertainment community.
(k) The Entertainment Commission may delegate to the Director the authority to exercise all powers that this section creates except the power to adopt and amend a special procedure for One Time Event permits for designated days.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009)
(a) General. This Section 1060.29.2 provides a procedure for permitting a Person to conduct One Time Outdoor Amplified Sound on the premises specified in the One Time Outdoor Amplified Sound Permit. The One Time Outdoor Amplified Sound Permit is not intended to function as a routine substitute for securing a Fixed Place Outdoor Amplified Sound Permit when the Person or Business’s course of conduct indicates that that permit would be more appropriate to seek.
(b) Director’s Authority.
(1) Except as otherwise provided in this Section 1060.29.2, the Director may issue One Time Outdoor Amplified Sound Permits and applicants may appeal the Director’s denial of an application to the Entertainment Commission. Notwithstanding the foregoing sentence, the Director may, in the Director’s sole discretion, refer an application for a One-Time Outdoor Amplified Sound Event Permit to the Commission for hearing and a determination.
(2) Where the Director submits an application to the Commission, and the Commission grants the One Time Outdoor Amplified Sound Permit, the Director may, without further action by the Commission, approve subsequent applications for the same One Time Outdoor Amplified Sound occurrence for future dates provided that (A) the subsequent application(s) contain no material changes regarding the nature or scope of the event, (B) neither the Commission nor any other City agency has received complaints pertaining to the prior event(s), and (C) any permit conditions imposed by the Commission when granting the initial permit are included in any and all such subsequent permits.
(c) Permit Application.
(1) Every Person seeking a permit pursuant to this Section 1060.29.2 shall file an application on a form provided by the Commission with the Director no less than seven days before the proposed use, and shall pay the filing fee provided in Section 2.26 of this Code, except as otherwise provided in Section 1060.29.2(j). 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 information required under subsection (a)(8) of Section 1060.3.2 of this Article 15.1 with regard to the use of outdoor Amplified Sound Equipment.
(3) 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.
(d) Duration and Number of Permits.
(1) Consecutive or Non-Consecutive Days; Duration. A Person may obtain a single One Time Outdoor Amplified Sound Permit authorizing events during consecutive or non-consecutive 24-hour periods for the same premises. One Time Outdoor Amplified Sound Permits may not authorize events on the same premises for consecutive 24-hour periods without a six-hour break between the end time for the first 24-hour period and the start time for the next 24-hour period.
(2) No More Than 12 Days Per Year For The Same Premises Without Additional Review. There shall be no limit on the number of One Time Outdoor Amplified Sound Permits a Person may obtain. One Time Outdoor Amplified Sound Permits may be issued for events that will occur on consecutive days on the same premises or on non-consecutive days within a 10-day period on the same premises. At any premises where One Time Outdoor Amplified Sound Permits have been issued at least 12 times within the previous 12-month period, upon receipt of a permit application for a One Time Outdoor Amplified Sound Permit, the Entertainment Commission, or its Director as delegated by the Entertainment Commission, shall hold a hearing on the permit application to ensure that the legal standards for granting the permit(s) are met, to determine what conditions, if any, may be appropriate to place on the permit(s), and to ensure that the One Time Outdoor Amplified Sound Permit is not intended to function as a routine substitute for a Person’s securing a Fixed Place Outdoor Amplified Sound Permit, Place of Entertainment Permit, or Limited Live Performance Permit as applicable. The Entertainment Commission, or its Director as delegated by the Entertainment Commission, may, in its discretion, determine that a hearing is not required, if the available evidence indicates that the application is likely to satisfy all of the requirements of this subsection (d)(2).
(3) Multiple Permits on the Same Day. A Person may obtain more than one One Time Outdoor Amplified Sound Permit for the same day. In such an instance, in considering whether to grant the permit(s) and/or place conditions on the permit(s), the Director, or Entertainment Commission as appropriate in the Director’s stead under subsection (b)(1), shall review each permit application to ensure that the standards for granting the permit(s) are met and to determine what conditions, if any, may be appropriate to place on the permit(s). In addition, if the applicant submits an application for more than one One Time Outdoor Amplified Sound Permits for the same day less than 40 days prior to the day of the event, the Director or Entertainment Commission may disapprove the application(s) on the ground that the applicant filed too late to provide adequate time to evaluate the application(s) so as to determine whether the permit(s) should be granted and/or whether conditions should be placed on the permit(s).
(e) Grant or Denial of Permit.
(1) The Director, or Entertainment Commission as appropriate in the Director’s stead under subsection (b)(1), shall review applications for a One Time Outdoor Amplified Sound Permit according to the standards set forth in Section 1060.5.2(f) and (g) and shall grant a permit unless the Director finds that (A) the application was filed less than seven days before the proposed event and a waiver was not granted or warranted, (B) denial is warranted under any of the grounds set forth in Section 1060.5.2(f), or (C) another application has been submitted and a permit issued for the same premises during the same time period. If another application has been submitted for the same time and place and is still pending, the Director shall deny the application unless the applicant requests that it remain open until the Director 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 shall make determinations on them in the order in which they were received.
(2) If the permit is denied, the Director 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) Conditions.
(1) When granting a One Time Outdoor Amplified Sound Permit, the Director, or Enteratinment1 Commission as appropriate in the Director’s stead under subsection (b)(1), 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. If a permit applicant seeks permit conditions that diverge from any of the aforementioned regulations, the application must be heard and decided by the Commission, not the Director. Once the Commission has granted a One Time Outdoor Amplified Sound Event Permit to a particular Permittee for a particular special event, the Director may, on subsequent occasions, issue one or more One Time Outdoor Amplified Sound Event Permits to the same Permittee for the same event at the same location with the same permit conditions previously approved by the Commission.
(2) The Director or the Entertainment Commission may impose additional reasonable restrictions on the time, place, and manner of the use of amplified sound. The Director or Entertainment Commission shall in no event impose conditions pursuant to this Section 1060.29.2 which are designed to limit the content of First Amendment expression engaged in by persons affected by the permit or which unreasonably interfere with the right of free speech.
(g) Appeal to Entertainment Commission.
(1) An applicant for a One Time Amplified Sound 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 Entertainment 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.
(h) Non-Transferable. One Time Amplified Sound Permits are not transferable. The Permit is valid only for the Person to whom it is issued for the premises specified in the permit.
(i) Judicial Review. An applicant may seek immediate judicial review of an adverse decision by the Director under this Section 1060.29.2 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.
(j) Waiver of Filing Fee.
(1) All filing fees for One Time Outdoor Amplified Sound Permits are hereby waived for applicants that previously held a JAM Permit and seek the One Time Outdoor Amplified Sound Permit in order to continue activities previously allowed under their JAM Permit while awaiting final approvals by the Department of Public Works or other City departments that are required prior to obtaining a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit.
(2) Any filing fee that is waived pursuant to this subsection (j) 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 (j) must be filed in writing with the Entertainment Commission by June 30, 2025.
CODIFICATION NOTE
(a) Every Place of Entertainment Permittee shall provide written notice to the Entertainment Commission within 30 days after any of the following occurs:
(2) Criminal charges, complaints or indictments for any individual that the Permittee designates as Manager occurring after the filing of the permit application to the extent that they fall within the categories specified in Subsections (j), (k) and (l) of Section 1060.3.
(b) Every Person holding a Place of Entertainment Permit, other than a publicly traded corporation, shall maintain a record of the name and address of every Person who directly or indirectly owns or controls 10% or more of the assets, ownership interests or voting interests in the Person holding the Permit, which shall be known as a "record of principal owners," and shall make the information available to the Entertainment Commission upon request. Every Person subject to this Subsection (b) shall report any change to the record of principal owners within 30 days of the transaction that effects the change. A "publicly traded" corporation is a company that has issued securities through an initial public offering which are traded on at least one stock exchange or over-the-counter market.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009)
(a) Every Place of Entertainment shall have a Security Plan, as defined in Section 1060(n), that has been approved by the Entertainment Commission or the Director, as required by this Article. Compliance with the Security Plan approved under this Article is a condition of the permit.
(b) As of the effective date of this Section, the Entertainment Commission shall not approve any permit or other application relating to a Place of Entertainment unless the applicant has a Security Plan that has been approved by the Commission or the Director as provided in this Article. The Security Plan shall meet the minimum requirements of Section 1060(n) and any implementing rules and regulations. The Commission shall disapprove any Security Plan that it determines does not adequately address the safety of persons and property and provide for the orderly dispersal of persons and traffic, notwithstanding the compliance of the proposed Security Plan with the minimum requirements of Section 1060(n).
(c) Every Place of Entertainment Permittee that does not have a Security Plan approved by the Entertainment Commission on the effective date of this Section shall submit a proposed Security Plan to the Director.
(1) The Director shall mail notice of the requirements of this Section to each Permittee that does not have a Security Plan approved by the Entertainment Commission on the effective date of this Section.
(2) Each Permittee shall submit a proposed plan no later than 30 days from the date of the Director's notice. Upon receiving a proposed plan, the Director shall send a copy to the San Francisco Police Department, which shall have 10 City business days to review and make recommendations to the Director.
(3) The Director shall review each proposed plan and, after reviewing any recommendations submitted by the San Francisco Police Department, shall approve or disapprove it. When disapproving a proposed plan, the Director shall notify the Permittee what changes are required to obtain approval.
(4) If the Director disapproves the plan submitted by the Permittee, the Permittee may appeal the Director's determination to the Entertainment Commission by submitting a written appeal to the Secretary of the Commission within ten days of the Director's disapproval. Upon receiving an appeal, the Commission shall promptly notify the San Francisco Police Department. When acting on an appeal, the Commission may approve, overturn or modify the Director's determination. If the Commission overturns the Director's order, the Permittee shall comply with the Security Plan as submitted to the Director under Subsection (c). If the Commission modifies the order, it shall set forth any changes to the plan that the Permittee shall be required to make and the Permittee shall comply with the Security Plan required by the Commission.
(5) If the Commission approves the Director's order of if the Permittee does not appeal the Director's disapproval of the proposed plan, the Permittee shall comply with the Security Plan that includes the revisions required by the Director under Subsection (c)(3) of this Section.
(6) The Permittee has 90 days from the date of the Director's notice under Subsection (c)(1) of this Section to gain approval of the Security Plan from the Director or the Commission in accordance with the procedures stated in Subsections (c)(1)-(5) of this Section.
(d) The Entertainment Commission may suspend a Place of Entertainment permit as set forth in Section 1060.20.1(a)(5) if the Permittee has failed to submit a proposed Security Plan.
(f) The suspension of a permit for violation of this Section may be appealed to the Board of Appeals as provided in Section 1060.24.2.
(g) For the purpose of calculating compliance with the component of a Security Plan that requires a ratio of one Security Guard to a specific number of individuals, a Security Guard may be counted toward the ratio for only one Place of Entertainment at any one time. This calculation rule applies whether the required ratio of Security Guard to individuals is based solely on the definition of Security Plan in Section 1060(n), is otherwise required by this Article, or is a condition of the Place of Entertainment permit.
(h) Where the Chief of Police or the Chief's designee, with the concurrence of the Director, determines that the public safety will not be advanced by enforcing on a particular Business with a Place of Entertainment Permit the requirement stated in Section 1060(n) that on Thursday and Sunday evenings there be a Security Guard for every 100 individuals authorized by the Occupancy Permit, the Chief or Chief's designee or the Director may notify the Permittee in writing that that Security Guard ratio based on Occupancy Permit shall not be required for that Business on Thursday and/or Sunday evenings. Such a determination may be based on all relevant factors, including but not limited to the past operation of the Business or related Businesses, but may not be based on the content of constitutionally protected expression or entertainment. Such a determination creates no vested right on the part of the affected Business to an exemption from the Thursday/Sunday requirement of one Security Guard per 100 individuals authorized by the Occupancy Permit, and said determination may be changed at any time by the Chief of Police or the Chief's designee, or by the Director, upon written notice to the Permittee. For purposes of this Subsection (h), the Captain for the district where the Business is located, or the Captain's designee, is deemed the Chief's designee unless the Chief of Police directs otherwise.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009)
(a) Notwithstanding a Security Plan's compliance with the minimum requirements of Section 1060(n) and prior approvals under this Article, after consulting with the San Francisco Police Department, the Director may issue an order directing a Permittee to comply with a revised Security Plan by directing such revisions as the Director reasonably determines will address the safety and traffic concerns that arise in either of the following circumstances:
(1) Conduct Constituting a Nuisance, as defined in Section 1060, has occurred on the premises of, or on Any Sidewalk Abutting the Premises of, the Business; or
(2) The Security Plan for the Place of Entertainment is inadequate to address safety or traffic concerns.
(b) The Director shall send the order to the Permittee setting forth the date of issuance of the order and its effective date. The Director shall send this order to Permittee and the Manager electronically and by mail or personal delivery.
(c) To provide the Permittee an opportunity to file an appeal, the Director's order shall not take effect for ten City business days from the date that the order issues. Any Permittee directed to comply with a revised Security Plan under this Section may appeal the Director's decision within ten City business days of the date that the order issues by filing a written request for review with the Secretary of the Entertainment Commission. The Permittee shall not be required to comply with the Director's order pending the Commission's action on the matter. If the Permittee withdraws the appeal, the order of the Director shall take effect immediately upon the withdrawal of the appeal or upon the effective date of the Director's order, whichever is later.
(d) When acting on the appeal, the Entertainment Commission may affirm, overturn or modify the Director's order.
(1) If the Commission modifies the Director's order, it shall set forth any revisions to the plan that the Commission deems appropriate to address traffic and safety problems related to operation of the Business.
(2) If the Commission approves the Director's order, the Permittee shall comply with the revised Security Plan as directed by the Director under Subsection (a) of this Section.
(e) The Commission may suspend a permit as provided in Section 1060.20.1(a)(6) if the Permittee fails to comply with the revised Security Plan as required under this Section.
(f) The suspension of a permit for non-compliance with this Section may be appealed to the Board of Appeals, as provided in Section 1060.24.2.
(g) Permittees are required to have Security Plans that meet the minimum requirements of Section 1060(n). Nothing in this Section or any other provision of this Article authorizes either the Director or the Entertainment Commission to require or permit any Permittee to operate under a Security Plan that does not meet the minimum requirements.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009)
The Entertainment Commission may adopt regulations implementing the provisions of this Article and Article 15.2 (Extended-Hours Premises Permits), including regulations governing the procedure for hearings before the Commission.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009)
Loading...