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(Added by Ord. 140-70, App. 4/28/70; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; repealed by Ord. 100-13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) No Person may transfer a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit to any other Person.
(b) If a Place of Entertainment Permittee, Limited Live Performance Permittee, or Fixed Place Outdoor Amplified Sound Permittee sells the Business, the Permittee shall promptly surrender the permit to the Director. If the Permittee fails to surrender the permit to the Director, the Director may, after giving the Permittee notice by mail and electronically of the proposed action and an opportunity to respond, revoke the permit.
(c) Notwithstanding Subsections (a) and (b) of this Section 1060.24, a Permittee may change partners, shareholders, or other owners of a Business provided that (1) the sale or other transfer of ownership results in a Person owning no more than 50% of the Business, regardless of the form of ownership, and (2) the Permittee obtains an amendment to the Permit as provided in this Section. If the transfer of ownership does not result in any Person (who did not already have such a percentage interest) having an ownership interest of 10% or more, the Permittee is not required to obtain a permit amendment.
(d) A Permittee seeking to amend a permit as required under this Section 1060.24 shall pay the filing fee for Permit Amendment/Additional Partner set forth in Section 2.26 of this Code. The applicant shall provide that portion of the information sought under Section 1060.3, 1060.3.1, or 1060.3.2 for an application that the Director requires.
(e) The Director shall determine within 30 days of the filing of a complete application to amend a permit whether to approve it. The Director shall approve the application unless the Director determines that denial is warranted under any of the grounds set forth in Section 1060.5(f), 1060.5.1(f), or 1060.5.2(f) and shall notify the Permittee and Manager of the approval electronically and either by mail or personal delivery.
(f) If the Director determines that disapproval of the application may be warranted under Section 1060.5(f), 1060.5.1(f), or 1060.5.2(f), the Director shall schedule a hearing on the matter for the next regularly scheduled meeting of the Entertainment Commission. The Director shall promptly provide written notice of the hearing to the Permittee and the Manager by mail and electronically.
(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. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 100-13
, File No. 130182, App. 6/6/2013, Eff. 7/6/2013; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021)
No Permittee shall operate a Business in any manner inconsistent with any condition imposed on the permit. A Permittee may request an amendment to a permit to remove or change a condition, including but not limited to, an amendment to increase the noise limits contained in the permit as authorized by subsection (e) of Section 2909 of this Code, by filing a request with the Secretary of the Entertainment Commission and paying the fee for an Amendment to a Permit required under Police Code Section 2.26. In the case of applications to amend Place of Entertainment, Limited Live Performance, and Fixed Place Outdoor Amplified Sound permits, the Commission shall conduct a hearing and determine whether to approve the application to amend the permit according to the applicable procedures and standards governing the initial application for said permit as set forth in this Article 15.1. In the case of applications to amend permits that may be issued by the Director under this Article 15.1, such as One Time Event Permits, One Time Outdoor Amplified Sound Event Permits, and Sound Truck Permits, the Director may decide whether to approve the application or may, in the Director’s sole discretion, refer the application to amend to the Commission for a hearing and determination.
(a) The following actions taken under this Article may be appealed to the Board of Appeals: The granting or denial of a permit, including a conditionally granted permit, or an amendment to a permit, and the suspension or revocation of a permit. Any such appeal shall be filed within ten days from the date of the decision, as provided in Section 8 of the San Francisco Business and Tax Regulations Code.
(b) Notwithstanding the provisions of Subsection (a) of this Section, the Permittee or permit applicant may seek immediate judicial review of the actions described in Subsection (a) of 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 Permittee or permit applicant is not required to exhaust his or her administrative remedies before the Entertainment Commission or before the Board of Appeals.
(Added by Ord. 239-09, File No. 080323, App. 11/20/2009)
(a) Once the Entertainment Commission receives a surrendered Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit under Section 1060.24(b), the new owner of the business may apply to the Director for a temporary Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit, respectively, subject to any required Planning Department approvals, for a period not to exceed 90 days from the date of surrender (a “Temporary Permit”). The Director shall grant a Temporary Permit provided that 1) the new owner has submitted a completed application for a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit, as applicable; 2) the new owner’s Entertainment, Limited Live Performance, or Fixed Place Outdoor Amplified Sound events and activities, as applicable, are consistent with those allowed under the prior Permit; 3) the premises at issue complies with all existing health, safety, and fire ordinances; and 4) a Temporary Permit is necessary to ensure uninterrupted operations of a business at the premises. A Temporary Permit may not be renewed as a Temporary Permit.
(b) Where a Person has received a Pop-Up Retail Temporary Use Authorization as defined in Section 205.1(d) of the Planning Code, for a premises, the Person may apply to the Director for a temporary Limited Live Performance Permit for that premises for a period not to exceed 60 days (a “Pop-Up Permit”). The Director may grant a Pop-Up Permit provided that the permit application satisfies all of the findings required in subsections (f)(1)-(3) and subsection (g) of Police Code Section 1060.5.1. The Director may impose any conditions on the Pop-Up Permit the Director determines to be necessary to address health and safety concerns, and may impose reasonable time, place, and manner conditions. A Pop-Up Permit may be renewed for an additional 60 days, subject to any required Planning Department approvals.
(c) The Entertainment Commission may establish additional procedures, Temporary Permit criteria, and Pop-Up Permit criteria to help carry out the goals of this Section 1060.24.3.
(Added by Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021)
(a) CRIMINAL PENALTIES. Any person who violates any provision of this Article 15.1 shall be deemed guilty of an infraction. Any person who violates this Article, or Police Code Section 49, more than once in a 12-month period shall be guilty of a misdemeanor. A first violation of this Article 15.1, or Police Code Section 49, is an infraction that is punishable by a fine of not more than $100. A second violation within one year of the date of the first violation is a misdemeanor punishable by a fine of not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment, at the discretion of the prosecutor. A third or subsequent violation within one year of the date of the second or subsequent violation is a misdemeanor punishable by a fine of not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment, at the discretion of the prosecutor. Each day a Person conducts, operates, or maintains a Business without a valid permit shall constitute a separate violation.
(b) ADMINISTRATIVE PENALTIES.
(1) The Director may issue administrative citations for the violation of any condition imposed on a permit granted under this Article 15.1 and the violation of any provision of this Article including but not limited to Section 1060.1 (operating without a lawful Place of Entertainment permit) and Section 1060.31 or 1060.32 (governing Security Plans). In addition, the Director may issue administrative citations for the violation of any provision of law regarding such permits, including but not limited to permits authorized under Police Code Article 29 (Regulation of Noise). Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," is hereby incorporated in its entirety and shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued under this subsection (b). The Director shall impose fines for violations of any permit condition and any violation of Section 1060.31 or 1060.32 as set forth in Section 100.5(a) of the Administrative Code. For purposes of calculating and imposing the administrative penalties under this subsection (b), each day a violation occurs or continues shall constitute a separate violation. The Director may recover any costs and fees, including but not limited to attorneys’ fees, for enforcement initiated through this Section and authorized under this Article.
(2) Notwithstanding subsection (b)(1), the procedure governing the appeal of a citation set forth in Administrative Code Chapter 100 is revised as provided in this subsection (b)(2). The Controller may designate the Director of the Department of Public Works as a hearing officer under Administrative Code Section 100.7, but shall designate such officer for no more than one appeal a month and for no more than 12 times in a 12-month period.
(3) Failure to Pay the Administrative Penalties. If the responsible party fails to pay the administrative penalties to the Department within 30 days of service of the administrative citation, or within 30 days of the date the penalties have been upheld on appeal, the Director may take such action to collect the fees as he or she deems appropriate, including referral of the matter to the Bureau of Delinquent Revenue Collection under Article V, Section 10.39 of the Administrative Code, initiation of lien proceedings under Article XX, Section 10.230 et seq. of the Administrative Code, and/or requesting that the City Attorney pursue collection of the penalties imposed against the responsible party in a civil action. The City Attorney may request its attorneys’ fees in any action that the City Attorney pursues to collect the administrative penalties or to enforce collection of the penalties.
(c) CIVIL PENALTIES.
(1) Presumption of Noncompliance with Order. In addition to any other penalties provided in this Article 15.1, any person or entity served with a notice or order by the Director setting forth the nature of the violation of this Article, demanding correction of such violation, and specifying the time within which such violation must be corrected, shall be presumed, in subsequent civil proceedings, to have failed to comply with that notice or order at and after the time given in that notice or order for correction of such violation, after the time period specified in the notice or order has expired without correction of that violation.
(2) Injunction. In a civil action brought by the City Attorney, any person who commits, or proposes to commit, an action in violation of this Article 15.1 may be enjoined therefrom.
(3) Penalty Amounts. Any person or entity violating this Article 15.1 shall be liable for a civil penalty of up to $1,000 per violation for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction.
(4) Setting Civil Penalty. In assessing the amount of the civil penalty, the Court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. In addition, such violations will not be deemed legally abated until the property owner makes full payment of the assessment of costs and fees awarded to the City under this Article or any applicable State law.
(5) Cost Recovery. In any civil proceeding filed by the City Attorney to collect civil penalties, the Court may award the City costs and fees, including but not limited to attorneys’ fees, and costs of investigation, enforcement, abatement, and litigation, authorized under this Article.
(d) The remedies specified in this Article 15.1 shall not preclude any other remedies available under state or local law.
(Amended by Ord. 273-73, App. 7/6/73; Ord. 262-04, File No. 041148, App. 11/4/2004; Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 100-13
, File No. 130182, App. 6/6/2013, Eff. 7/6/2013; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)
Any Business in violation of Section 1060.1 of this Article 15.1 (operating without a permit) is deemed to be a public nuisance and may be subject to enforcement by the Director and/or the Commission in its discretion, and penalties under Section 1060.25 of this Code or under other applicable sections of the Municipal Code. The nuisance shall be abated by civil action pursuant to the procedures set forth in Section 1060.25.
(Added by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
If any section, Subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, Subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, Subsections, subdivision paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
(Added by Ord. 140-70, App. 4/28/70)
(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)
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