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(a) Except as otherwise provided in this Section 1060.1.1, every person granted a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit by the Entertainment Commission shall pay to the Tax Collector an annual license fee on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
(c) Waiver of Initial License Fee.
(1) The initial license fee associated with Place of Entertainment Permits, Limited Live Performance Permits, and Fixed Place Outdoor Amplified Sound Permits shall be waived as described in this subsection (c).
(2) The following Persons shall be eligible for a waiver of the initial license fee to which they would otherwise be subject under this Section 1060.1.1:
(A) A Person who previously held a JAM Permit, and who, during the time period beginning January 1, 2023 and ending June 30, 2025, applies for a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit to continue to provide outdoor entertainment and/or amplified sound in the same space as authorized by the JAM Permit; and
(B) A Person who, due to Planning Code amendments that take effect on or after January 1, 2023, becomes eligible to apply and applies for a Place of Entertainment Permit or Limited Live Performance Permit on or before June 30, 2025.
(3) Any license fee that is waived pursuant to this subsection (c) but that has been paid shall be refunded, without interest, upon request of the payor of the fee. Any refund request under this subsection (c)(3) must be filed in writing with the Entertainment Commission by June 30, 2025.
(4) This provision shall not apply to a Person who is applying for an amendment to an existing permit.
(Added as Sec. 1060.1-1 by Ord. 193-05, File No. 051027, App. 7/29/2005; amended by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 238-11
, File No. 111101, App. 12/15/2011, Eff. 1/14/2012; redesignated and amended by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023; Ord. 193-24, File No. 240598, App. 7/31/2024, Eff. 8/31/2024)
(a) Every Person seeking a Place of Entertainment permit or an amendment to such a permit shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and, except as otherwise provided in this Section 1060.2, shall pay a filing fee as provided in Section 2.26 of this Code.
(b) The Director shall send the application to the following departments, which shall complete all necessary inspections or approvals and shall endeavor to report their determinations to the Entertainment Commission within 20 City business days of receiving the application.
(1) The Police Department;
(2) The Planning Department;
(3) The Department of Building Inspection, except that this subsection (b)(3) shall not apply if either of the following occurs: (i) the Person provides evidence of the completion of a final inspection for an issued building permit for the premises, as required by Chapter 1A of the San Francisco Building Code, if the inspection was completed in the 12 months before the date of the Person’s application for a Place of Entertainment Permit; or (ii) the Person provides evidence that the premises held a Place of Entertainment Permit within the 12 months before the date of the Person’s application for a Place of Entertainment Permit;
(4) The Department of Public Health, except that this subsection (b)(4) shall not apply if the Person provides evidence of a permit to oper- ate a food preparation and service establishment on the premises, as required by Article 8 of the Health Code, current as of the date of the Person’s application for a Place of Entertainment Permit; and
(5) The Fire Department, except that this subsection (b)(5) shall not apply if the Person provides evidence of a place of assembly permit for the premises, as required by Chapter 1 of the San Francisco Fire Code, current as of the date of the Person’s application for a Place of Entertain- ment Permit.
(c) Waiver of Filing Fee.
(1) The following Persons shall be eligible for a waiver of the filing fee for a Place of Entertainment Permit:
(A) A Person who previously held a JAM Permit and who, during the time period beginning January 1, 2023 and ending June 30, 2025, applies for a new or amended Place of Entertainment Permit to continue to provide outdoor entertainment and/or amplified sound in the same outdoor space as authorized by the JAM Permit; and
(B) A Person who, due to Planning Code amendments that take effect on or after January 1, 2023, becomes eligible to apply and applies for a Place of Entertainment Permit on or before June 30, 2025.
(2) Any filing fee that is waived pursuant to this subsection (c) but that has been paid shall be refunded, without interest, upon request of the payor of the fee to the Entertainment Commission. Any refund request under this subsection (c) must be filed in writing with the Entertainment Commission by June 30, 2025.
(d) If an applicant submits an application for a Place of Entertainment Permit, and the application is not granted, conditionally granted, or denied within 12 months, the Director shall require the applicant to submit a new application for a Place of Entertainment Permit that shall be accompanied by the payment of a new filing fee, as set forth in Section 2.26, at the time of submission of the new application.
(Amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023)
(a) Every Person seeking a Limited Live Performance Permit, or an amendment to such a permit, shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and, except as otherwise provided in this Section 1060.2.1, shall pay a filing fee as provided in Section 2.26 of this Code.
(b) The Director shall send the application to the Police Department and the Planning Department. Those departments shall complete all necessary inspections and report their determinations to the Entertainment Commission within 20 City business days of receiving the application.
(c) Waiver of Filing Fee.
(1) The following Persons shall be eligible for a waiver of the filing fee for a Limited Live Performance Permit:
(A) A Person who previously held a JAM Permit and who, during the time period beginning January 1, 2023 and ending June 30, 2025, applies for a new or amended Limited Live Performance Permit to continue to provide outdoor entertainment and/or amplified sound in the same outdoor space as authorized by the JAM Permit; and
(B) A Person who, due to Planning Code amendments that take effect on or after January 1, 2023, becomes eligible to apply and applies for a Limited Live Performance Permit on or before June 30, 2025.
(2) Any filing fee that is waived pursuant to this subsection (c) but that has been paid shall be refunded, without interest, upon request of the payor of the fee to the Entertainment Commission. Any refund request under this subsection (c) must be filed in writing with the Entertainment Commission by June 30, 2025.
(d) If an applicant submits an application for a Limited Live Performance Permit, and the application is not granted, conditionally granted, or denied within 12 months, the Director shall require the applicant to submit a new application for a Limited Live Performance Permit that shall be accompanied by the payment of a new filing fee, as set forth in Section 2.26, at the time of submission of the new application.
(a) Every Person seeking a Fixed Place Outdoor Amplified Sound Permit or an amendment to such a permit shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and shall pay the filing fee prescribed in Section 2.26 of this Code, except as provided in this Section 1060.2.2 and Section 1060.19 of this Article 15.1.
(b) The Director shall send the application to the Police Department and the Planning Department. Those departments shall complete any necessary inspections and report their determinations to the Entertainment Commission within 20 City business days of receiving the application.
(c) Waiver of Filing Fee.
(1) A Person who previously held a JAM Permit and who, during the time period beginning January 1, 2023 and ending June 30, 2025, applies for a new or amended Fixed Place Outdoor Amplified Sound Permit to continue to provide outdoor entertainment and/or amplified sound in the same outdoor space as authorized by the JAM Permit shall be eligible for a waiver of the filing fee for a Fixed Place Outdoor Amplified Sound Permit.
(2) Any filing fee that is waived pursuant to this subsection (c) but that has been paid shall be refunded, without interest, upon request of the payor of the fee to the Entertainment Commission. Any refund request under this subsection (c) must be filed in writing with the Entertainment Commission by June 30, 2025.
(d) If an applicant submits an application for a Fixed Place Outdoor Amplified Sound Permit for a premises, and the application is not granted, conditionally granted, or denied within 12 months, the Director shall require the applicant to submit a new application for a Fixed Place Outdoor Amplified Sound Permit for the premises that shall be accompanied by the payment of a new filing fee, as set forth in Section 2.26, at the time of submission of the new application.
(a) Where an applicant for a Place of Entertainment Permit provides sufficient evidence to the satisfaction of the Entertainment Commission, or its Director if so designated by the Commission, that the premises has been in regular operation with a valid Place of Entertainment Permit, or a series of consecutive valid Place of Entertainment Permits, without a substantial gap in operation, for at least ten years prior to the effective date of the ordinance in Board of Supervisors File No. 210285, enacting this Section 1060.2.3, the Commission or Director, as applicable, may designate the premises as a Continuing Entertainment Operations Establishment for purposes of Section 193 of the Planning Code.
(b) A “substantial gap in operation” shall not be interpreted to include any of the following: (1) a change in ownership of a premises; (2) the temporary closure of a premises for repair, renovation, restoration, or remodeling, including, but not limited to, restoration or repair of a premises after total or partial destruction or damage due to fire, riot, insurrection, toxic accident, or act of God; or (3) the temporary closure of a premises to comply with restrictions connected to the COVID-19 pandemic.
(Added by Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021)
An application for a Place of Entertainment permit shall specify the following and be signed under penalty of perjury:
(a) The name and street address of the Business for which the permit is sought.
(b) The name and address of the applicant as follows:
(1) If the applicant is a corporation, the name of the corporation exactly as shown in its articles of incorporation; the date and place of incorporation; and the name and address of each officer and director.
(2) If the applicant is a Person other than a publicly traded company, the name and address of every Person that directly or indirectly owns or controls 10% or more of the assets, ownership interests or voting interests in that Person.
(c) The name of and contact information for the Manager who shall directly, or through designees, be on the premises during all hours of operation.
(d) The name and address of each Person who appears on the business registration certificate for the Business for which a permit is sought.
(e) The name and address of each Person to whom the Department of Alcoholic Beverage Control has issued a license for the Business for which a permit is sought.
(f) The names and addresses of the Persons who have or will have authority or control over the Business and a brief statement of the nature and extent of such authority and control, if the applicant has not otherwise provided this information in the application.
(g) The name and address of the Person authorized to accept service of process.
(h) A plan for the Business to operate as a Place of Entertainment, specifying the days and hours of operation, the number of employees and their duties, the number of patrons, a statement certifying that the Business shall comply with the maximum occupancy load for the space as established under the San Francisco Building and Fire Codes, the types or classes of entertainment (in terms of the types of instruments, numbers of performers, and sound levels) to be provided, and the amount of parking, both on and off-site, to be provided. If sound amplification is to be used, the plan shall also include a specific description of the amplification system, and whether the Business proposes to use Amplified Sound Equipment to project sound outside of any building or at any location out of doors. If the plan includes outdoor amplified sound, it shall also include the following information: (1) the location at which Amplified Sound Equipment will be placed out of doors, (2) the hours and dates during which sound will be amplified, (3) a specific description of the amplification system to be used, including the type of sound to be amplified (e.g., speech or music), (4) a statement certifying that the Business shall comply with the maximum noise levels as established under the Police and Health Codes, and (5) a statement whether the activity will take place within 300 feet of a hospital, school, house of worship, courthouse, public library, or mortuary during the normal hours of use of said facilities. Where applicable, the applicant shall submit a copy of a street closure permit, and any other City, state, or federal permit required for the proposed activity.
(i) A proposed Security Plan as defined in Section 1060.
(j) For the Persons(s) whose disclosure is required under Subsections (b), (c), (e) and (f), all criminal charges, complaints or indictments in the preceding ten years which resulted in a conviction or a plea of guilty or no contest for the following laws: assault and battery (Cal. Penal Code § 240, 242, 245); felony sexual assault; sexual battery (Cal. Penal Code § 243.4); rape (Cal. Penal Code § 261); statutory rape (Cal. Penal Code § 261.5); discharging firearm (Cal. Penal Code § 246, 246.3); unlawful weapons (Cal. Penal Code § 12020; S.F. Police Code § 1291); disturbing the peace (Cal. Penal Code § 415, 416, 417); unlawful threats (Cal. Penal Code § 422); obstruction of pedestrian or vehicle right-of-way (Cal. Penal Code § 370); gambling (Cal. Penal Code §§ 330, 337a); prostitution and related offenses (Cal. Penal Code §§ 266, 266a, 266e, 266h, 266i, 315, 316, 647(b)); sex crimes for which registration is required under the Sex Offender Registration Act (Cal. Penal Code § 290); loitering for lewd or lascivious purposes (Cal. Penal Code §§ 647(d), 647(h)); identify theft (Cal. Penal Code § 530.5); a violent felony warranting enhancement of a prison term (Cal. Penal Code § 667.5); criminal gang activity (Cal. Penal Code § 186.22); drug offenses (Cal. Health & Safety Code §§ 11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 11379.5); violation of Alcohol Beverage Control laws (Cal. Business & Professions Code §§ 23300, 25602, 25631, 25657, 25658); or for conduct in another jurisdiction which if carried out in California would constitute an offense under one of the laws set forth in this Subsection (j).
(k) All criminal charges, complaints or indictments in the preceding ten years which resulted in a conviction for the Person(s) whose disclosure is required under Subsections (b), (c), (e) and (f), for any other offense which is a felony or misdemeanor under the laws of this state, or for conduct in another jurisdiction which if carried out in California would constitute a felony or misdemeanor under the laws of this state, provided that this Subsection (k) applies only to offenses arising out of the operation of a nightclub, dance hall, cabaret, Place of Entertainment or an establishment that serves food or beverages.
(l) For the information required by Subsections (j) and (k), a statement setting forth for each Person all charges under which convictions or pleas of guilty or no contest were obtained, any sentence imposed, and for each matter the date, name and location of the court; and if the Person was granted parole or probation, whether the Person successfully completed parole or probation.
(m) Such further information as the Entertainment Commission requires regarding financial and lease arrangements and management, authority, and operational control of the Business or its premises when the information will assist the Commission in its determination whether to grant or deny the permit.
(Added by Ord. 140-70, App. 4/28/70; amended Ord. 325-91, App. 9/4/91; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
An application for a Limited Live Performance Permit shall specify the following and be signed under penalty of perjury:
(a) The name and street address of the Business for which the permit is sought; however, if the application relates to (1) a Plaza as defined in Administrative Code Chapter 94 1
(2) a People Place as defined in Administrative Code Chapter 94A, or (3) a Downtown Activation Location as defined in Administrative Code Chapter 94D, the application shall instead include the name and location of the Plaza, People Place, or Downtown Activation Location, and the name and street address of the Steward or permittee.
(b) The name and address of the applicant as follows:
(1) If the applicant is a corporation, the name of the corporation exactly as shown in its articles of incorporation; the date and place of incorporation; and the name and address of each officer and director.
(2) If the applicant is a Person other than a publicly traded company, the name and address of every Person that directly or indirectly owns or controls 10% or more of the assets, ownership interests or voting interests in that Person.
(c) The name of and contact information for the Manager who shall directly, or through designees, be on the premises during all hours of operation.
(d) The name and address of each Person who appears on the business registration certificate for the Business for which a permit is sought.
(e) The name and address of each Person to whom the Department of Alcoholic Beverage Control has issued a license for the Business for which a permit is sought.
(f) The names and addresses of the Persons who have or will have authority or control over the Business and a brief statement of the nature and extent of such authority and control, if the applicant has not otherwise provided this information in the application.
(g) The name and address of the Person authorized to accept service of process.
(h) A plan for the Business to operate as a Limited Live Performance Locale, specifying the days and hours of operation, the number of employees and their duties, the number of patrons, a statement certifying that the Business shall comply with the maximum occupancy load for the space as established under the San Francisco Building and Fire Codes, the types or classes of live performances (in terms of the types of instruments, numbers of performers, and sound levels) to be provided, and the amount of parking, both on and off-site, to be provided. If sound amplification is to be used, the plan shall also include a specific description of the amplification system, and whether the Business proposes to use Amplified Sound Equipment to project sound outside of any building or at any location out of doors. If the plan includes outdoor amplified sound, it shall also include the following information: (1) the location at which Amplified Sound Equipment will be placed out of doors, (2) the hours and dates during which sound will be amplified, (3) a specific description of the amplification system to be used, including the type of sound to be amplified (e.g., speech or music), (4) a statement certifying that the Business shall comply with the maximum noise levels as established under the Police and Health Codes, and (5) a statement whether the activity will take place within 300 feet of a hospital, school, house of worship, courthouse, public library, or mortuary during the normal hours of use of said facilities. Where applicable, the applicant shall submit a copy of a street closure permit, and any other City, state, or federal permit required for the proposed activity.
(i) A proposed Security Plan, as defined in Section 1060, if the Director or Entertainment Commission determines that a Security Plan is necessary to protect the safety of persons and property or to provide for the orderly dispersal of persons and traffic.
(j) Such further information as the Entertainment Commission requires regarding financial and lease arrangements and management, authority, and operational control of the Business or its premises when the information will assist the Commission in its determination whether to grant or deny the permit.
(Added by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; amended by Ord. 82-14
, File No. 140064, App. 6/13/2014, Eff. 7/13/2014; Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023; Ord. 237-24, File No. 240804, App. 10/11/2024, Eff. 11/11/2024)
CODIFICATION NOTE
(a) An application for a Fixed Place Outdoor Amplified Sound Permit shall specify the following and be signed under penalty of perjury:
(1) The name and street address of the Business for which the permit is sought; however, (A) if the application relates to a Plaza as identified in Administrative Code Chapter 94, the application shall instead include the name and location of the Plaza and the name and street address of the Steward or permittee of the Plaza, (B) if it relates to a People Place, as identified in Administrative Code Chapter 94A, the application shall instead include the name and location of the People Place and the name and street address of the Steward of the People Place, and (C) if it relates to a Downtown Activation Location, as identified in Administrative Code Chapter 94D, the application shall instead include the name and location of the Downtown Activation Location(s) and the name and street address of the Downtown Activation permittee.
(2) The name and address of the applicant as follows:
(A) If the applicant is a corporation, the name of the corporation exactly as shown in its articles of incorporation; the date and place of incorporation; and the name and address of each officer and director.
(B) If the applicant is a Person other than a publicly traded company, the name and address of every Person that directly or indirectly owns or controls 10% or more of the assets, ownership interests, or voting interests in that Person.
(3) The name of and contact information for the Manager who shall directly, or through designees, be on the premises during all hours of operation.
(4) The name and address of each Person who appears on the business registration certificate for the Business for which a permit is sought.
(5) The name and address of each Person to whom the Department of Alcoholic Beverage Control has issued a license for the Business for which a permit is sought.
(6) The names and addresses of the Persons who have or will have authority or control over the Business and a brief statement of the nature and extent of such authority and control, if the applicant has not otherwise provided this information in the application.
(7) The name and address of the Person authorized to accept service of process.
(8) A plan for the Business to operate outdoor Amplified Sound Equipment including the following: (A) the location at which Amplified Sound Equipment will be placed out of doors, (B) the hours and dates during which sound will be amplified, (C) a specific description of the amplification system to be used, including the type of sound to be amplified (e.g., speech or music), (D) a statement certifying that the Business shall comply with the maximum noise levels as established under the Police and Health Codes, and (E) a statement whether the activity will take place within 300 feet of a hospital, school, house of worship, courthouse, public library, or mortuary during the normal hours of use of said facilities.
(9) Where applicable, the applicant shall submit a copy of a street closure permit, and any other City, state, or federal permit required for the proposed activity.
(10) Such further information as the Entertainment Commission requires regarding financial and lease arrangements and management, authority, and operational control of the Business or its premises when the information will assist the Commission in its determination whether to grant or deny the permit.
(b) A Person that is seeking or already has a Place of Entertainment Permit or Limited Live Performance Permit for a particular premises, locale, Plaza as identified in Administrative Code Chapter 94, People Place as identified in Administrative Code Chapter 94A, or Downtown Activation Location as identified in Administrative Code Chapter 94D, shall not apply for a Fixed Place Outdoor Amplified Sound Permit for the same location. The use of outdoor Amplified Sound Equipment in conjunction with Entertainment or Live Performance at such premises shall be governed by the Place of Entertainment Permit or Limited Live Performance Permit for that location, as appropriate. Persons seeking to add the use of outdoor Amplified Sound Equipment to an existing Place of Entertainment Permit or Limited Live Performance Permit shall file a request for an amendment to the existing permit in accordance with Section 1060.24.1 of this Article 15.1.
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