San Diego Municipal Code Div. 8 After-Hours Permits

The Council of the City of San Diego finds that the operation of entertainment venues between the hours of 2:00 a.m. and 6:00 a.m. present an environment with the demonstrated potential for excessive noise generation and disorderly conduct by patrons, with the attendant adverse public safety impact on the surrounding business and residential community, and may be detrimental to the quality of life in the community.

The Council also finds that allowing entertainment venues to remain open after 2:00 a.m. may reduce the noise and disorderly conduct associated with the two o’clock closing hour.

Therefore, it is the purpose and intent of this Division to regulate after- hours activities for the public safety by establishing minimum standards for conducting after-hours business, including a minimum distance requirement between businesses and residences. It is the intent of this Division to allow businesses to seek a waiver of the distance requirement from the Chief of Police. Once a waiver is obtained, it is the intent of this Division that the waiver be thereafter granted to the business unless the business changes its mode of operation or if the public safety becomes adversely affected. (Added 11-20-2000 by O-18888 N.S.)

For purposes of this Division:

“ABC license” means a license issued by the California Department of Alcoholic
Beverage Control.

“Entertainment venue” means any commercial establishment or assemblage that (1)
features, allows, or provides live entertainment, is open to the general public, and is a
police-regulated business, or (2) is a public dance and a police-regulated business.
(Added 11-20-2000 by O-18888 N.S.)

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It is unlawful for any entertainment venue to be open between 2:00 a.m. and 6:00 a.m. without a police permit.

Any business or occupation regulated under Divisions 28, 33 or 36 of this Article is not eligible for an after-hours permit. (Added 11-20-2000 by O-18888 N.S.)

An applicant for an after-hours permit shall meet the application requirements set forth in Divisions 1, 2 and 3 of this Article. (Added 11-20-2000 by O-18888 N.S.)

In addition to the grounds for denial of any police-regulated business permit stated in Section 33.0305, an application for an after-hours permit must be denied for any of the following reasons:

(a) Issuance of the after-hours permit conflicts with the applicant’s ABC license,
the applicant’s conditional use permit, the applicant’s police permit, this
Code, or any local, state or federal law.

(b) Except as provided in Section 33.0806, the establishment is less than 300 feet
from any single-family or multi-family residence, other than commercial
hotels, motels and similar establishments for temporary lodging. The distance
shall be measured in a straight line, without regard to intervening structures,
between the closest structural wall of the residence and the closest property
line of the establishment.

(c) The business located on the premises has operated in violation of law or this
Code during the preceding twelve months.
(Added 11-20-2000 by O-18888 N.S.)

The Chief of Police may waive the requirements of Section 33.0805(b) if the applicant provides written evidence that either: (1) the households within 300 feet of premises are aware of the application of the after-hours permit and have no objection to the

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grant of the permit; or (2) reasonable attempts were made to notify them and there was no response by the households. The Chief of Police may grant the waiver over an objection if, after investigating the premises and the affected area, the Chief of Police is satisfied that the objection is unreasonable. A new waiver must be obtained if there is: (1) a change in the mode of operation of the business, or (2) a change in ownership, or (3) a change in the conditions or status of the permittee’s ABC license.

After the initial granting of a waiver, if there is an objection, the Chief will consider any changes to the mode of operation made by the business or any adverse affects the business is having on public safety in determining whether or not to renew the waiver. (Added 11-20-2000 by O-18888 N.S.)

It is unlawful for any responsible person or employee to allow any person under the age of 18 to be on the premises unless one of the provisions of Section 58.0102(c) (curfew restrictions) apply. However, if the establishment has an ABC license, the ABC’s age regulation controls. (Added 11-20-2000 by O-18888 N.S.)

It is unlawful for any responsible person or employee:

(a) to admit onto the premises any person whose conduct is described in Penal
Code section 415 (disturbing the peace) or 647 (disorderly conduct); or

(b) to allow any person exhibiting the conduct described in subsection (a) to
remain on the premises or on any parking lot or similar facility used by the
premises.
(Added 11-20-2000 by O-18888 N.S.)

It is unlawful for any responsible person to fail to provide a reasonable passageway through any part of a room used by patrons and entertainers for their ingress and egress. (Added 11-20-2000 by O-18888 N.S.)

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The responsible person shall observe all laws applicable to noise abatement, particularly those contained in Chapter V of this Code. (Added 11-20-2000 by O-18888 N.S.)

Responsible persons shall control the conduct of patrons so as to prevent or minimize disorderly or unlawful conduct upon the premises or within 100 feet of the premises. The 100-foot distance shall be measured in a straight line from the nearest edge of the building or property line of the licensed premises. (Added 11-20-2000 by O-18888 N.S.)

The responsible person shall cause the orderly dispersal of persons from the vicinity at closing time, and shall not allow them to congregate in the vicinity in a disorderly fashion. (Added 11-20-2000 by O-18888 N.S.)

It is unlawful for any responsible person to allow on the premises any entertainment described in Division 36, Nude Entertainment. (Added 11-20-2000 by O-18888 N.S.)

In accordance with Division 1 of this Article, the Chief of Police may require the permit holder to employ a sufficient number of licensed security guards to provide crowd control. (Added 11-20-2000 by O-18888 N.S.)

(a) The Chief of Police may require any business with an after-hours permit to close down operations and disperse all patrons for the remainder of its daily operation whenever conduct by disorderly patrons reaches a magnitude that presents an immediate threat to the public safety and well-being of the patrons and general public in the vicinity.

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(b) It is unlawful for any person to fail to comply with any directive issued by the
Chief of Police under the authority of Section 33.0815(a).
(Added 11-20-2000 by O-18888 N.S.)

(a) The Chief of Police may impose conditions related to after-hour activities on all permits issued under this Division. Conditions shall be based on specific and articulated facts reasonably related to ensuring public safety, including noise control and maintaining the peace in the surrounding area. Conditions may relate to:

(1) the days and hours of operation;

(2) the age of persons permitted on premises;

(3) whether licensed security guards are required, and if so, how many;

(4) whether the Chief of Police must receive advance notice of a particular
after-hours event if after-hours events are not held as part of the
regularly scheduled events of the business; and

(5) other similar conditions related to public safety and welfare.

(b) Conditions will be listed on the permit.

(c) Conditions may not be imposed unless the Chief of Police has considered the
input of the permittee on the appropriateness of the conditions.

(d) The Chief of Police may not impose conditions that conflict with any local,
state or federal law, or that conflict with the permittee’s ABC License.

(e) Unless otherwise stated on the permit, the conditions are subject to change
only at the time of renewal at the request of the permittee. At the time of
renewal, the Chief of Police may order the removal or modification of any
condition as requested. Nothing in Section 33.0816(f) is intended to prevent
the Chief of Police from modifying any condition in conjunction with
regulatory action taken against the permittee pursuant to Division 4 or to
comply with any change in the law.

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(f) Imposition, suspension or revocation of any particular condition not agreed to
by the permittee is appealable through the procedures set forth in Division 5.
(Added 11-20-2000 by O-18888 N.S.)

Any after-hours permit issued on or before November 20, 2000, shall be valid for one year after the date it was issued. To obtain a new permit, an application for renewal shall be submitted to the Chief of Police. At the time the application for renewal is submitted, the Chief of Police may impose conditions on the permit in accordance with this Division. The applicant will be required to pay regulatory fees. (Added 11-20-2000 by O-18888 N.S.)

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Article 3: Police Regulated Occupations and Businesses