(a) Purpose and Definitions. The purpose of this Section 795 is to establish a streamlined regulatory program for the Greater Downtown Community Benefit District Master Permitting for Entertainment Activation Program, as established in Administrative Code Chapter 94D, and to allow activations that incorporate Entertainment Zones. For purposes of this Section 795, the definitions in Administrative Code Section 94D.1 are incorporated by reference as if fully set forth herein.
(b) Application Requirements. A prospective Permittee may submit an application for a Greater Downtown Activation Permit to the Director of Public Works (“Director”), consistent with the requirements of Administrative Code Chapter 94D and this Section 795. Each proposed Permit application must contain the following components:
(1) Proposed daily, weekly, and monthly programmed hours of use of the Downtown Activation Location(s) on an annual basis for which the Permit will be active. The Permit shall specify a minimum number of yearly programmed events. In no case shall the Permit propose fewer than 20 events per year, which may be proposed at one or more Activation Location(s).
(2) Proposed scope of activities on an annual basis for which the Permit shall be active. This may include use of moveable or temporary structures or public art; general programming and activation of the Downtown Activation Location; and commercial or non-commercial offerings, including, but not limited to, arts activities; entertainment; food, drink, and/or other refreshment; retail sales; sports; and general recreation.
(3) Proposed number and scope of Entertainment Zone events licensed by the Department of Alcoholic Beverage Control (“ABC”) and a list of participating brick-and-mortar establishments.
(4) A proposed plan to comply with the Americans with Disabilities Act access requirements.
(5) A proposed site plan addressing any temporary or permanent structures within the Downtown Activation Location, such as fences or a stage, public access to and from the Activation Location, first responder access to the Activation Location, Fire Department apparatus access to the Activation Location and affected structures, identification of all emergency facilities and exits within the Activation Location (including, but not limited to fire hydrants, fire connections, street alarm boxes, fire control rooms, fire pump rooms, fire escapes, and building exits and emergency openings), and access to all such facilities and exits. The site plan shall also include at-grade roadway markings such as color curbs, lane striping, parking stall marking, and at-grade utility access panels, storm drains, maintenance hole covers, and other utility access points.
(6) A proposed plan for protecting the hardscape and/or landscaping of the Downtown Activation Location, including cleaning activities to be conducted in preparation for, during, and immediately following each event.
(7) A proposed plan for notifying occupants of nearby properties that may be affected by the events, notifying relevant government agencies in advance of events, responding to complaints, or responding to feedback from government agencies.
(c) Permit Issuance. Public Works may issue any Downtown Activation Location Permit consistent with this Section 795 and Administrative Code Chapter 94D. The permit terms and conditions of approval authorized by this Section and Administrative Code Chapter 94D shall be imposed on the Downtown Activation Permit and enforced pursuant to the provisions of this Section. The Director shall approve the application if the Director determines that the applicant has demonstrated its ability to carry out the proposal submitted in its Permit application materials set forth in subsections (b)(1)-(7) above, to implement such measures as may be necessary to protect the security, health, safety, and welfare of the public, and to comply with all applicable laws. In approving an application, the Director must make the specific findings provided in subsections (c)(1)-(3) below, and may, in the Director’s discretion, rely upon the review and approval by other City departments, such as the Fire Department and San Francisco Municipal Transportation Agency (“SFMTA”), in making said findings.
(1) The proposed site plan(s) demonstrate adequate ingress, egress, circulation, and emergency response access for event participants and non-participants in the vicinity;
(2) The proposed event schedule provides for adequately spaced and time-limited events that ensure public access to the area outside of scheduled events; and
(3) The proposed event dates, duration, and scope do not overextend the City’s ability to accommodate such use or occupancy with the necessary resources, considering potentially conflicting uses of public streets and public resources.
(d) Permit Terms and Conditions.
(1) The Permit shall specify the terms of operation, use, and maintenance of a Downtown Activation Location. These terms shall include, but are not limited to, scope of permissible activities; daily, weekly, and/or monthly time periods authorized for such permissible activities and the scope of such activities and uses; the minimum number of yearly programmed events; strategies to ensure cohesion with existing City programs and Shared Spaces permittees within the Downtown Activation Location Permit area; the authorized signage program; and the delineation of maintenance responsibilities between the City and the Permittee.
(2) The term of the Permit shall be a minimum of one year and a maximum of five years.
(3) The Permit shall specify that the Permit may be terminated, suspended, or modified if the Permittee conducts less than the stipulated number of minimum annual programmed events.
(4) The Permit shall require that the Permittee submit an annual calendar of events to the Chief of Police, the Director of Public Works, the Fire Marshal, the SFMTA, and the Entertainment Commission no later than 30 days prior to January 1 of each year. Any changes to the proposed annual calendar or to any individual event or site plan shall require 15 days’ notice to the aforementioned agencies.
(5) The Permit shall require that the Permittee submit a list of events to be licensed by the ABC pursuant to the Entertainment Zone designation, to the Chief of Police, the Director of Public Works, the Fire Marshal, and the Entertainment Commission. Said list shall also include the licensed brick-and-mortar establishments that intend to participate in the Entertainment Zone for a particular event pursuant to California Business and Professions Code Sections 23357, 23358, and 23396.
(6) Liability and Insurance.
(A) The Director shall determine the scope of the Permittee’s maintenance and liability responsibility that shall apply to the Permit based on the scope of the Permittee’s authorized use of the Downtown Activation Location;
(B) The Director shall determine required liability, indemnity, and insurance coverages. If the Permittee has existing liability, indemnity, or insurance coverage that would encompass the permitted activities, the Director may deem that such coverage satisfies the Permit requirements.
(7) Deposit and Security. Prior to permit issuance, each Permittee shall submit and maintain with the Department a bond, cash deposit, or other security acceptable to the Department securing the faithful performance of the obligations of the Permittee and its agents under the Permit (the “Deposit”). The Deposit shall be in the sum of $25,000 in favor of the “Department of Public Works, City and County of San Francisco.” The Director may make deductions from the balance of the Deposit to ensure faithful performance of the obligations of the Permit, including but not limited to the future modification or restoration of the permit area(s) to a condition satisfactory to the Director if the permittee abandons or terminates the Permit or the Director revokes the Permit. If the Director has deducted from the Deposit, the Permittee must restore the full amount of the Deposit within 30 days of the Director’s notice of the deduction. Upon expiration of the Permit, a Permittee’s deposit(s), less any deductions, shall be returned to the Permittee or to its assigns.
(8) Non-Exclusive Use. The Permit shall provide that the Permittee’s use and occupancy of the Downtown Activation Location is non-exclusive and shall not take priority over other existing right-of-way permittees, including but not limited to Shared Spaces Permittees, or future lawful occupants of the right-of-way, including but not limited to general members of the public and parade permittees under Police Code Section 367. All events shall be open to the public, except as necessary to comply with other licensing or regulatory requirements, including but not limited to ABC licensing and permit requirements.
(9) The Permit shall be conditioned upon the obligation to vacate, remove any furniture or other installations, or modify the Downtown Activation Location at any time, as necessary for any City project or maintenance work, which necessity shall be determined solely by the Director. In the event of an emergency, the Director may remove any of Permittee’s furniture or other installations. Under the circumstances described in this subsection (d)(9), it shall be the Permittee’s obligation to vacate, remove any furniture or other installations, or modify the Downtown Activation Location at its own cost and return the right-of-way to a condition that the Director deems appropriate. In no event shall the City be liable for reimbursing the Permittee for the costs of or restoring the Downtown Activation Location installation.
(e) Regulations for Downtown Activation Locations.
(1) The Director shall administer all Downtown Activation Locations pursuant to the requirements, rules, and regulations set forth herein:
(A) Performance of Labor. Permittees may perform labor in the Downtown Activation Locations as permitted by the CBD Nonprofit’s contract with the City to administer and implement the CBD’s management plan or the Permit. Any labor that exceeds the scope of authorized activities under said contract shall require prior approval of the Director.
(B) No Unpermitted Structures. All structures stationed or erected in the Activation Location shall be included in the site plan and must be approved in the Permit. There shall be no stationing or erecting of any structure(s) on the Downtown Activation Location without prior permission from the Director and, if required, the Fire Department.
(C) No Smoking. Pursuant to the Health Code Chapters 19I and 19L, smoking is prohibited on any unenclosed area of property that is under the jurisdiction of any City department if the property is a park, square, garden, sport or playing field, pier, or other property used for recreational purposes, or used as a farmers’ market, and at specified outdoor events involving a street closure. This prohibition on smoking shall apply to Downtown Activation Locations.
(D) There shall be no skateboarding, bicycle riding, or pets off leash, without prior permission from the Director.
(E) No alcohol is allowed to be sold or consumed in Downtown Activation Locations without all required San Francisco and State authorizations and permits.
(F) General advertising is prohibited.
(G) The Permittee shall maintain the safety, cleanliness, and, to the extent feasible, quiet, of the Downtown Activation Location and its adjacent area.
(H) The Permittee shall provide proper and adequate storage and disposal of debris and garbage.
(I) The Permittee shall contain noise and odors to the extent feasible, unless otherwise permitted, within the immediate area of the Downtown Activation Location so as not to be a nuisance to neighbors.
(J) The Permittee shall prominently display notices during events that urge patrons to leave the Downtown Activation Locations and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. Such notices shall be removed after each event.
(K) Collect and dispose of, in a timely manner, any discarded beverage containers and other trash left by patrons after the conclusion of programmed events.
(2) Regulations; Orders. In addition to the requirements set forth herein, the Director may adopt such orders, policies, regulations, rules, or standard plans and specifications as deemed necessary to preserve and maintain the public health, safety, welfare, and convenience (“Regulations”). Such Regulations may include, but are not limited to, permit application materials, placement of and information contained on signs, site conditions, and accessibility of sidewalks and streets. When such Regulations may affect the operations and enforcement of the SFMTA, the Director of the Department of Public Works shall consult with and provide an opportunity to comment to the SFMTA prior to adoption of such Regulations.
(3) Exceptions. After written request from a Permittee, the Director is authorized to issue non-material exceptions or other minor amendments to the Downtown Activation Regulations as long as the Director, in consultation with the City Attorney’s Office, determines that such exceptions or amendments do not materially increase the City’s costs or obligations, decrease the benefit the City receives under the Permit, and are reasonable within the purpose of the Greater Downtown Activation Program. The Director shall issue such exceptions in writing, retain the granted exceptions in a file available for public review, and shall post such correspondence on the Department’s website.
(f) Appeal of Permit Issuance or Denial. The issuance, conditions, or denial of a Permit may be appealed to the Board of Appeals pursuant to the provisions of Charter Section 4.106 and Sections 8 et seq. of the Business & Tax Regulations Code. An appeal shall be filed in writing with the Clerk of the Board of Appeals within 15 days of the issuance or denial of the Permit.
(g) Violation of Permit or Regulations; Revocation; Penalties.
(1) Enforcement Actions; Penalties. If any Permittee has occupied a Downtown Activation Location in violation of any Permit terms and conditions, requirements, or regulations applicable to the Downtown Activation Location, including but not limited to the failure to hold the minimum number of yearly events, the Director of Public Works may take any action authorized by this Code that is considered necessary to abate or correct the violation. Additionally, a violation of any of the requirements of the CBD Nonprofit’s contract with the City to administer and implement the CBD’s management plan, including but not limited to reporting and filing requirements, shall be grounds for the actions set forth in this subsection (g). The Director is expressly authorized to:
(A) Modify the terms of the Permit or revoke the Permit;
(B) Issue an administrative or criminal citation in the same manner applicable to Street Plazas, set forth in Section 792(e)(1) of this Code;
(C) Call upon other City officials to assist in enforcement, including but not limited to the Chief of Police, the Fire Marshal, and the City Attorney; and
(D) Take any other enforcement action authorized by this Code that is applicable to occupancy of the public right-of-way.
(2) Public Hearing; Appeals. In taking any of the above actions, the Director may hold a public hearing on the Permittee’s conduct. If a public hearing is held, the Director shall follow the notice and hearing procedures for Street Encroachment Permits set forth in Section 786 et seq. of this Code. The Director’s modification, revocation, or suspension of a Permit may be appealed to the Board of Appeals pursuant to the provisions of Charter Section 4.106 and Sections 8 et seq. of the Business and Tax Regulations Code. An appeal shall be filed in writing with the Clerk of the Board of Appeals within 15 days of the modification, revocation, or suspension of the Permit.
(3) Restoration. Following the revocation or expiration of a Permit, the former Permittee shall restore the public right-of way to a condition satisfactory to the Director at the sole and absolute expense of the former Permittee.
(h) Reporting. Permittees must report on the public spaces activated under the Greater Downtown Activation Program, including any Entertainment Zone events, on a yearly basis as part of the CBD Nonprofit’s annual reporting under California Streets and Highways Code Section 36650 and the CBD Nonprofit’s contract with the City to administer and implement the CBD’s management plan. Such report shall include at a minimum the number of permitted Downtown Activation Locations; the number and description of events held that year, including the number of ABC-licensed events, and the number of events held in partnership with other community organizations; whether the events were regularly-occurring or one-time events; and any other relevant information about the Greater Downtown Activation Program.
(Added by Ord. 237-24, File No. 240804, App. 10/11/2024, Eff. 11/11/2024)