(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)