San Francisco County Municipal Code § 102.4 Theatrical

(a) Prevailing Wage Requirement. Every Contract, Lease, Franchise, Permit, or Agreement awarded, let, issued, or granted by the City for the use of property owned by the City must require that any Individual engaged in theatrical or technical services related to the presentation of a show, including, but not limited to, workers engaged in rigging, sound, projection, theatrical lighting, videos, computers, draping, carpentry, special effects, and motion picture services be paid not less than the Prevailing Rate of Wages. All Contracts, Leases, Franchises, Permits or Agreements subject to this Section 102.4 shall include a provision in which the Contractor agrees to comply with, and to require Subcontractors to comply with, the obligations imposed by this Section. (b) Definitions. For purposes of this Section 102.4, the following definitions shall apply to the terms used herein: “Contract, Lease, Franchise, Permit, or Agreement” shall mean an agreement with the City for the use of property owned by the City, but shall not include any contract, lease, franchise, permit, or agreement for any of the following: (1) Celebration of a marriage, domestic partnership, or similar civil union; (2) The presentation of a Show to which the public has free access when the Show is in a public park, on a public street, or on property under the jurisdiction of the Port Commission; (3) Any permit or agreement to engage in film production pursuant to Chapter 57 of the Administrative Code or under the circumstances set forth in Section 57.7 of the Administrative Code; (4) Any Show on property under the jurisdiction of the Arts Commission; (5) In any circumstance where application of this Section 102.4 would be preempted by federal or State law; or (6) Any Show for which the time required for the set-up is three hours or less and the number of Individuals working on the set-up is no more than two. “Show” shall mean any live act, play, review, pantomime, scene, music, song, dance act, song and dance act, or poetry recitation provided in front of a live audience or recorded for the purpose of later presentation, but shall not include an event where a person solely plays pre-recorded music or pre-recorded performances so long as no other live performance is provided. (c) Preemption. Nothing in this Section 102.4 shall be interpreted or applied so as to create any power or duty in conflict with any federal or State law. (d) Prospective Effect. This Section 102.4 is intended to have prospective effect only, and shall not be interpreted to impair the obligations of any pre-existing Contract, Lease, Franchise, Permit, or Agreement issued or entered into by the City. (e) Applicability to Existing Contracts, Leases, Franchises, Permits, or Agreements. This Section 102.4 shall only apply to Contracts, Leases, Franchises, Permits, or Agreements entered into on or after the effective date of this Section. (f) Severability. If any part or provision of this Section 102.4, or the application thereof to any Person or circumstance, is held invalid, the remainder of this Section, including the application of such part or provisions to other Persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Section are severable. (Added as Administrative Code Sec. 21C.4 by Ord. 76-04, File No. 021505, App. 5/6/2004; amended by Ord. 9-11, File No. 101007, App. 1/7/2011; Ord. 12-12, File No. 111190, App. 2/2/2012, Eff. 3/3/2012; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; amended by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff.

1/19/2025, Oper. 2/19/2025)