(a) Complete Application. The Chief of Police may not accept an application for filing until it is complete. An application is not complete until the Chief of Police determines that it includes all information and documentation that Section 1215.1(a) requires. After determining that an application includes all required information and documentation, the Chief of Police shall accept the application for filing.
(b) Investigation of Application. Once the Chief of Police accepts an application for filing, the Chief of Police shall conduct an appropriate investigation of the application. As part of the investigation, the Chief of Police shall make any necessary referrals to other City departments, including referrals to the Planning Department, Fire Department, Department of the Environment, and Department of Building Inspection for their determination of compliance with zoning, building, fire, and safety requirements. The Chief of Police may refer the application to the Municipal Transportation Authority for review of traffic impacts. The Chief of Police shall conduct a criminal history background check on the persons listed in Sections 1215.1(a)(2) through (4).
(c) Security Plan.
(1) The Chief of Police shall review the applicant's security plan to ensure that the plan meets the minimum requirements set in Subsection (c)(2) below and any additional requirements set by the Chief of Police in rules promulgated under Section 1215.4(a), and is reasonably calculated to protect individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot. The Chief's evaluation of the security plan shall consider all relevant factors including, but not limited to, the parking garage's or parking lot's location, size, hours of operation, proximity to an Entertainment Establishment, and history of incidents resulting in Police Department response in the two years before the date of the application. The Chief of Police may approve a security plan, or may specify alternate or additional security measures required for approval of the security plan. The Chief of Police shall disapprove any security plan that the Chief determines does not adequately address the safety of individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot, notwithstanding the compliance of the proposed security plan with the minimum requirements of Subsection (c)(2) below. The Chief of Police shall not issue a commercial parking permit for any parking garage or parking lot unless the Chief approves the security plan for that parking garage or parking lot. The Chief of Police may waive or alter the minimum requirements listed Subsection (c)(2) below if the Chief determines that the parking garage or parking lot has no history of criminal, nuisance, or public safety incidents in the previous two years. If, after the Chief grants a waiver or alteration of the minimum requirements listed in subsection (c)(2) below, a criminal, nuisance or public safety incident occurs, the Chief may revoke that waiver or alteration of the minimum requirements.
(2) The security plan shall meet the following minimum requirements:
(A) If any pedestrian or vehicular entrance or exit to the parking garage or parking lot is within 1000 feet of any entrance or exit to an Entertainment Establishment, provide for an attendant, security guard or other individual retained by the permittee to remain on site for any operating hours between 7:00 p.m. and 3:00 a.m. An attendant, security guard or other individual is not required on site if all vehicular entrances and exits to the parking garage or parking lot are closed and secured so that vehicles may not enter or exit the garage or lot. The phrase "1000 feet" in this Subsection (c)(2)(A) shall mean 1000 feet in all directions, including across a street, from any pedestrian or vehicular entrance or exit to the parking garage or parking lot;
(B) Provide for measures to ensure that when the parking garage or parking lot is not open for business, the vehicular entrances and exits are closed and secured so that vehicles may not enter or exit the garage or lot; and
(C) Identify the number, type, and location of all light sources located on the premises including lighting located within pedestrian stairwells and entrances and provide for at least the minimum lighting specified in Fire Code Section .
(3) The security plan may include additional measures to protect the safety of individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot, including, but not limited to, additional personnel, additional lighting, security cameras, emergency call boxes or phones, mirrors, barriers, and other physical improvements, or plans to close and secure one or more pedestrian or vehicular entrances or exits to the parking garage or parking lot for certain hours of operation.
(4) If the parking garage or parking lot leases spaces to either a certified car-share organization as defined by Planning Code Section 166(b)(2) or to patrons who rent spaces on a long-term basis, the security plan must describe how those patrons will retain access during hours when the parking garage or parking lot is not open for business.
(5) The authority of the Chief of Police to review and approve security plans for parking garages and parking lots does not restrict in any way the authority of the Entertainment Commission to place security requirements on any business with a Place of Entertainment or Extended Hours Premises permit.
(d) Action on Application. The Chief of Police shall hear and decide the application within a reasonable time after accepting the application for filing. In deciding the application, the Chief of Police may exercise sound discretion as to whether the permit should be granted or denied. The Chief of Police may consider the following:
(1) Whether the parking garage or parking lot complies with applicable zoning, building, fire and safety requirements of the laws of the State of California and the City and County of San Francisco;
(2) Any traffic impacts of the parking garage or parking lot;
(3) Whether in the preceding ten years, the applicant or any person listed in Sections 1215.1(a)(2) through (4) has been convicted of or plead guilty or no contest to a covered crime, or has committed a covered crime. A conviction, plea or commission of a covered crime is not an automatic bar to granting the permit. The Chief of Police shall consider criminal history on a case-by-case basis with due consideration given to the following factors:
(a) the nature and gravity of the offense;
(b) the time elapsed since the offense;
(c) age at the time of the offense;
(d) frequency of covered criminal offenses;
(e) evidence of rehabilitation; and
(f) any other mitigating circumstances;
(4) Whether in the preceding ten years, the applicant or any person listed in Sections 1215.1(a)(2) through (4) has engaged in or committed any fraudulent or misleading business practices;
(5) Whether the security plan, if necessary, meets the minimum requirements in Subsection (2)(c) above and any other requirement imposed by the Chief pursuant to 1215.2(c)(1), and is reasonably calculated to protect individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot;
(6) Whether the application contains intentionally false or misrepresented information; and
(7) Whether granting the permit is consistent with the public interest, health, safety, and welfare; and
(8) Whether the parking garage or parking lot complies with Chapter 30 of the Environment Code concerning electric vehicle charging equipment.
(e) Reporting. The Chief will make an annual report to the Entertainment Commission giving information regarding permits granted where the Chief of Police has waived or altered the minimum requirements listed in Subsection (c)(2) above.