San Francisco County Municipal Code Art. 15 Licenses for Amusements

[Itinerant Shows] Sec. 1015. Imposing a License Tax on Itinerant Shows. Sec. 1016. Itinerant Show Defined. Sec. 1017. Permit by Entertainment Commission; Regulations for. Sec. 1017.1. Filing Fee. Sec. 1017.2. Exemption, Nonprofit Organization. Sec. 1018. Permit and License Regulations. [Circuses] Sec. 1019. Circuses. Sec. 1019.1. Permit Required. Sec. 1019.2. License Fee. Sec. 1019.3. Issuance of License. Sec. 1019.4. License Fee, Exception. Sec. 1019.5. Exemptions. [Rodeos] Sec. 1020. Rodeo Exhibitions and Shows. [Amusement Parks] Sec. 1031. Amusement Park Defined. Sec. 1031.1. Permit. Sec. 1032. License Fees for Amusement Parks. Sec. 1033. License by Tax Collector. Sec. 1034. Sections Not Applicable. [Mechanical Amusement Devices; Arcades] Sec. 1036. Definitions. Sec. 1036.1. Requirements for Machines. Sec. 1036.2. Permit Requirements and Exceptions. Sec. 1036.3. Application for Permit. Sec. 1036.4. Notice of Hearing – Arcade Permit. Sec. 1036.5. Determination of Application for a Mechanical Amusement Device Permit. Sec. 1036.6. Gambling Devices Prohibited. Sec. 1036.7. Permit Forwarded to Tax Collector, License Fees.

Sec. 1036.8. Certain Mechanical Amusement Devices Prohibited. Sec. 1036.9. Contents of Licenses. Sec. 1036.10. Posting License in Premises. Sec. 1036.11. Removal or Transfer of License to Other Premises Prohibited. Sec. 1036.12. No Prorating or Refunding of License Fee. Sec. 1036.13. License Fee Paid by Owner or Operator. Sec. 1036.14. Renewal of License. Sec. 1036.15. Procedure Where No Current Permit or License. Sec. 1036.16. Suspension, Revocation or Reinstatement of a Permit, Procedure For. Sec. 1036.17. Rules and Regulations. Sec. 1036.18. Ascertainment of Compliance With All Laws, Etc. – Inspection Therefor. Sec. 1036.19. When Deemed a Public Nuisance – Procedure Thereon. Sec. 1036.20. Penalties. Sec. 1036.21. Permit and License Required Notwithstanding Any Other Provision of Code. Sec. 1036.22. Saving Clause – Nonwaiver of Debts Due and Unpaid. Sec. 1036.23. Mechanical Amusement Devices; Location. Sec. 1036.24. Arcades and Ancillary Use Sec. 1036.25. Undertaking for the General Welfare. [Billiard and Pool Tables] Sec. 1037. Billiard and Pool Tables. Sec. 1037.1. Filing Fee Application. Sec. 1037.2. License Fee. Sec. 1037.3. Permit and License Not Exempt From Any Other Provision of Code. [Shooting Galleries or Ranges] Sec. 1039. Regulating Shooting Galleries – Permit Required. Sec. 1039.1. Filing Fee. Sec. 1039.2. Shooting Galleries. Sec. 1040. Firearms Regulated; Minors Prohibited. Sec. 1041. Closing During Certain Hours. Sec. 1042. Betting Prohibited. Sec. 1043. Bullet-proofing. Sec. 1044. Inspection by Police. [Mechanical Contrivances; Skating Rinks] Sec. 1045. Mechanical Contrivances and Other Amusements. Sec. 1045.1. Filing Fee. Sec. 1045.2. License. Sec. 1045.3. Application and Posting. Sec. 1045.4. Exceptions. Sec. 1049. Providing for Inspection and Regulation of Mechanical Amusement Contrivances Used to Convey Human Beings. [Recreational Equipment Vendors] Sec. 1050. Recreational Equipment Vendor Defined. Sec. 1051. Permit Required. Sec. 1052. Application for Permit. Sec. 1053. License Fees. Sec. 1054. Regulations. Sec. 1055. Penalty.

Editor's Note: The bracketed division headers in this Article have been provided by the editor as an aid for the user and are not official parts of the Code. [ITINERANT SHOWS]

SEC. 1015. IMPOSING A LICENSE TAX ON ITINERANT SHOWS. Every person, firm or corporation maintaining or conducting in connection with an itinerant show or exhibition, any museum, skating rink, merry-go-round, swing, revolving wheel, chute, toboggan slide, ferris wheel, mechanical contrivance for carrying passengers, or any side show, exhibition or concession, shall, after conforming to the regulatory provisions of Sections 1017 and 1018 of this Article, pay a license fee for each day for each and every concession, show or device herein enumerated and conducted or maintained in connection with any itinerant show or exhibition. (Amended by Ord. 555-81, App. 11/12/81) SEC. 1016. ITINERANT SHOW DEFINED. The term itinerant show or exhibition shall be construed to mean any outdoor carnival, show or concession, exhibiting or operating temporarily under a tent, or in the open, except such as come within the provisions of Sections 1031 to 1034, inclusive, of this Article and the license provisions of the Municipal Code. (Added by Ord. 1.075, App. 10/11/38) SEC. 1017. PERMIT BY ENTERTAINMENT COMMISSION; REGULATIONS FOR. The applicant for any show, exhibition or concession mentioned in Section 1015 of this Article shall, before beginning operations, obtain a permit from the Entertainment Commission to so operate, which permit may be revoked at any time by the Entertainment Commission. Without such a permit from the Entertainment Commission, the Tax Collector shall not issue a license to conduct any itinerant show, exhibition or concession enumerated in Sections 1015 and 1018 of this Article. If the permit is revoked, the license issued thereon shall immediately terminate and expire. The application for an itinerant show shall be filed in sufficient time to allow the Entertainment Commission to notice and fix the time and place for a public hearing on the application. Not less than 10 days before such hearing, the Entertainment Commission shall cause a notice of such hearing to be posted in one or more conspicuous place(s) on or about the property where the itinerant show is to be operated, in a fashion designed to inform the public of the application. Failure to apply in sufficient time for a noticed hearing to be held may be cause for the Entertainment Commission to deny issuance of a permit. (Amended by Ord. 581-81, App. 12/10/81; Ord. 164-02, File No. 020783, App. 7/26/2002)

Every person desiring a permit pursuant to Section 1017 of this Article shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and shall pay a filing fee. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

Whenever a nonprofit organization contracts for or rents an itinerant show or exhibition, the filing fee for a permit shall be $100 and the nonprofit organization shall be exempt from paying the license fee. (Added by Ord. 555-81, App. 11/12/81) SEC. 1018. PERMIT AND LICENSE REGULATIONS.

The provisions of Section 1049 of this Article regulating the manner of testing passenger carrying devices shall be strictly observed before any such itinerant show, exhibition or carnival may open for business. A permit signed by the Entertainment Commission certifying that all legal requirements have been met must also be first presented to the Tax Collector before said official may issue a license to the owner or lessee of any itinerant carnival, show or exhibition or to any person holding a concession therein. (Added by Ord. 1.075, App. 10/11/38; amended by Ord. 164-02, File No. 020783, App. 7/26/2002) [CIRCUSES] SEC. 1019. CIRCUSES. For the purpose of Sections 1019 to 1019.5, inclusive, a circus is hereby defined to be an exhibition or entertainment at which feats of horsemanship, acrobatic feats, and trained or wild animals are exhibited or displayed, or any combination of same, for which exhibition or entertainment an admission fee is charged and which exhibition or entertainment is conducted by a person having no regular established place of business in the City and County of San Francisco for the exhibition or display thereof; provided, however, that the definition of a circus shall not include a rodeo exhibition or show which is licensed under the provisions of Section 1020 of this Article, nor shall it be to include pictorial representations or theatrical performances. (Added by Ord. 555-81, App. 11/12/81)

(a) It shall be unlawful for any person, firm or corporation to conduct a circus without first having obtained a permit therefor from the Entertainment Commission. (b) Said permit shall set forth the seating capacity of the circus, the date or dates of the year on which the exhibition or entertainment are to be held, and the number of side shows in connection with or belonging to such circus. (c) Applications for circus permits shall be filed with the Entertainment Commission on a form provided for said permit together with a nonrefundable fee. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

Every owner, lessee or operator of a circus shall pay a license fee for each and every day any exhibition or performance is given therein. (Added by Ord. 555-81, App. 11/12/81)

The Tax Collector shall not issue a license under the provisions of Section 1019.2 unless the owner, lessee or operator of said circus shall obtain a permit to conduct the same from the Entertainment Commission and present to the Tax Collector such permit duly certified by the Entertainment Commission. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

Where the circus is given in or about the Municipal Auditorium located at the Civic Center, and said auditorium is rented or leased at the regular rates usually charged therefor, the sum of $50 each day shall be charged for the license, with no additional license fee for any side show. (Added by Ord. 555-81, App. 11/12/81)

No additional license shall be required of such owner, lessee or operator of a circus for any team, wagon, truck, automobile, freight or passenger car or equipment that is a part of such circus and in actual use. (Added by Ord. 555-81, App. 11/12/81) [RODEOS] SEC. 1020. RODEO EXHIBITIONS AND SHOWS. (a) It shall be unlawful for any owner, lessee or operator of a rodeo exhibition or show to conduct the same without first having obtained a permit therefor from the Entertainment Commission. Each permit shall be effective only for those days indicated on the permit. (b) Applications for rodeo permits shall be filed with the Entertainment Commission on a form provided for said permit together with a nonrefundable fee. (c) Every owner, lessee or operator of a rodeo exhibition or show shall pay a license fee for the first day and an additional fee for each subsequent day any rodeo exhibition or performance is given. The Tax Collector shall not issue a license under the provisions of this Section unless the owner, lessee or operator of said rodeo exhibition or show shall obtain a permit to conduct the same from the Entertainment Commission and present such permit duly. (d) A qualified, licensed veterinarian who is an expert in the care of horses, bovines, sheep, and other large animals, and approved by the Commission on Animal Control and Welfare, shall be on-site at all times during a rodeo exhibition or show to examine the animals' condition and to ensure that the animals are humanely treated during the event at the permit holder's expense. The veterinarian may have any animal examined at any time without notice. Any animal which suffers from a fatal injury as determined by the veterinarian shall be immediately euthanized. The Chief of Police or the Chief's designee may suspend the use of any animal after receiving a complaint from the veterinarian regarding the condition or treatment of any animal. A statement of findings must be provided from the veterinarian and approved by the Chief of Police or the Chief's designee prior to the animal returning to service. All costs associated with medical tests, evaluations and treatments are the responsibility of the permit holder. (e) All animals are to be used in humane rodeo events only. Events such as greased pig contests, or which utilize cattle prods, unfleeced flank straps for cattle or flank straps without sheepskin lining for horses are prohibited. The Rules of the Professional Rodeo Cowboys Association shall apply to all rodeo events. (f) Notification shall be provided to the Commission on Animal Control and Welfare and the Department of Animal Care and Control by the permit applicant when any rodeo permit application is filed with the Entertainment Commission, and when any permit is approved by the Entertainment Commission. (g) Any person who violates any provisions of this section shall be deemed guilty a misdemeanor and upon conviction such person shall be punished by a fine 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. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 37-00, File No. 991878, App. 3/10/2000; Ord. 164-02, File No. 020783, App. 7/26/2002) SEC. 1021. [REPEALED.] (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 238-11 , File No. 111101, App. 12/15/2011, Eff. 1/14/2012; repealed by Ord. 118-25, File No. 250537, App. 7/17/2025, Eff. 8/17/2025) SEC. 1022. [REPEALED.] (Added by Ord. 139-67, App. 6/5/67; amended by Ord. 262-04, File No. 041148, App. 11/4/2004; repealed by Ord. 118-25, File No. 250537, App. 7/17/2025, Eff. 8/17/2025) SEC. 1023. [REPEALED.]

(Amended by Ord. 139-67, App. 6/5/67; Ord. 200-01, File No. 010845, App. 9/28/2001; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 262-04, File No. 041148, App. 11/4/2004; repealed by Ord. 118-25, File No. 250537, App. 7/17/2025, Eff. 8/17/2025) SEC. 1024. [REPEALED.] (Amended by Ord. 139-67, App. 6/5/67; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 217-02, File No. 021461, App. 11/1/2002; repealed by Ord. 118-25, File No. 250537, App. 7/17/2025, Eff. 8/17/2025)

(Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; repealed by Ord. 118-25, File No. 250537, App. 7/17/2025, Eff. 8/17/2025) SEC. 1025. [REPEALED.] (Amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 238-11 , File No. 111101, App. 12/15/2011, Eff. 1/14/2012; Ord. 193-24, File No. 240598, App. 7/31/2024, Eff. 8/31/2024; repealed by Ord. 118-25, File No. 250537, App. 7/17/2025, Eff. 8/17/2025) SEC. 1026. [REPEALED.] (Amended by Ord. 260-81, App. 5/21/81; Ord. 176-00, File No. 000477, App. 7/28/2000; Ord. 164-02, File No. 020783, App. 7/26/2002; repealed by Ord. 118-25, File No. 250537, App. 7/17/2025, Eff. 8/17/2025) SEC. 1027. [REPEALED.] (Amended Ord. 139-67, App. 6/5/67; Ord. 17-92, App. 1/21/92; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 262-04, File No. 041148, App. 11/4/2004; repealed by Ord. 118-25, File No. 250537, App. 7/17/2025, Eff. 8/17/2025) SEC. 1029. [REPEALED.] (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; repealed by Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023) [AMUSEMENT PARKS] SEC. 1031. AMUSEMENT PARK DEFINED. An amusement park, within the meaning of Sections 1031 to 1034, inclusive, of this Article, is hereby defined to be a place maintained and conducted for the purpose of amusing the public by operating and conducting therein and thereon "Merry-go-rounds," "Figure 8," "Coasters," "Old Mills," and other and similar forms of amusement and entertainment, and maintaining and conducting certain devices and contrivances which provide and afford games which are distinctly games of skill and of the general nature of the games of skill in vogue at the beaches and amusement parks throughout the country; and eating places and restaurants. (Added by Ord. 1.075, App. 10/11/38)

It shall be unlawful to engage in the business of conducting an amusement park without first having obtained a permit therefor from the Entertainment Commission. Applications for amusement park permits shall be filed with the Entertainment Commission on a form provided for said permit together with a nonrefundable fee. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002) SEC. 1032. LICENSE FEES FOR AMUSEMENT PARKS.

Every person, firm or corporation engaged in the business of conducting an amusement park shall pay to the Tax Collector an annual license fee on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.*
(Amended by Ord. 555-81, App. 11/12/81; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012) SEC. 1033. LICENSE BY TAX COLLECTOR. The Tax Collector shall not issue a license for an amusement park unless the applicant shall present to him a permit for such park from the Entertainment Commission. The permit shall contain the name of the applicant, and the location of the amusement park. (Added by Ord. 1.075, App. 10/11/38; amended by Ord. 164-02, File No. 020783, App. 7/26/2002) SEC. 1034. SECTIONS NOT APPLICABLE. The issuance of a permit and license under the provisions of Sections 1031 to 1034, inclusive, shall exempt the permit holder from permit and license requirements of Sections 1015, 1017, 1021, 1039, 1039.2, 1045, and 1045.2 of this Article, in so far as they apply to amusement parks, as herein defined, or the games or devices therein operated and conducted, but shall not exempt the permittee or licensee from any other provisions of this Article of the San Francisco Municipal Code or any ordinances of the City and County of San Francisco requiring a permit or license or otherwise regulating the use or maintenance of such amusement parks or the games and devices therein operated and conducted. (Amended by Ord. 555-81, App. 11/12/81) [MECHANICAL AMUSEMENT DEVICES; ARCADES] SEC. 1036. DEFINITIONS. As used in Sections 1036 through 1036.24, inclusive, the following words shall have the following respective meanings: "Ancillary Use" shall mean the operation of 1 to 10 mechanical amusement devices on premises wherein another business operates. "Arcade" shall mean any premises where 11 or more mechanical amusement devices are operated. "Bar" shall mean a retail use which provides on-site alcoholic beverage sales for drinking on the premises where no person under 21 years of age is admitted and which has a California Department of Alcoholic Beverage Control license type 42, 48, or 61. "City" shall mean the City and County of San Francisco. "Director" shall mean the Executive Director of the Entertainment Commission or individual(s) designated by the Director to act on his or her behalf. "Mechanical amusement device" shall mean any machine or device, with or without a video screen or display, which, upon the insertion of a coin, slug, token, or printed currency in any slot or receptacle attached to said machine or connected therewith, or via any other means of payment, operates or which may be operated for use as a game, contest or amusement or which may be used for any such game, contest or amusement and which does not contain a pay-off device for the return of slugs, money, coins, checks, tokens or merchandise. A mechanical amusement device shall not include any game or device that is unlawful under the Municipal Code or under Chapter 10 of Title 9 of the California Penal Code. "Owner or operator of a mechanical amusement device" shall mean: (a) Any owner of such mechanical amusement device who operates or permits the same to be played or operated in his place of business or in any commercial place under his control or who installs or maintains the same in any commercial place where the same can be played or operated by persons in or about said place; (b) The persons in whose place of business any such mechanical amusement device is placed for the use, amusement, patronage or recreation of the public or of persons in or about said place. "Permittee." The Person to whom a permit has been issued under Sections 1036 through 1036.24, inclusive.

"Person" shall mean any individual, corporation, association, syndicate, joint stock company, partnership, club, society, or any other entity. "Public retail floor space" shall mean that portion of the premises to which the public is allowed access. "Street" shall mean any street, alley, way, boulevard, or road, either public or private, that is used or to be used for ingress or egress. (Amended by Ord. 401-82, App. 8/13/82; Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

(a) Every mechanical amusement device shall have a seal or tag permanently attached thereto showing the name, address and telephone number of the owner of the mechanical amusement device, and, in addition thereto, if wired for electricity, the voltage and current necessary for the proper operation of said mechanical amusement device. (b) Where it is necessary to install electric wiring to said mechanical amusement device location, said wiring shall be installed by a registered electrical contractor in accordance with the provisions of the San Francisco Electrical Code. (Amended by Ord. 123-86, App. 4/11/86; Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

(a) Nothing in Sections 1036 to 1036.24, inclusive, shall be construed to authorize or permit either the use or operation of any gambling device whatsoever, including games of chance prohibited under Article 3, or of any mechanism that has been judicially determined to be a gambling device in any way contrary to law, or to authorize or permit any other conduct otherwise unlawful. Nothing in this Section 1036.2 shall preclude an award of a free game or games upon a mechanical amusement device. (b) Permit Required. (1) It shall be unlawful for any person to install, operate or maintain to be operated in the City: (A) an Arcade without first having obtained a permit in writing to do so from the Entertainment Commission ("Arcade Permit"); or (B) two to ten mechanical amusement devices as an Ancillary Use in a Bar without first having obtained a permit in writing to do so from the Director or his or her designee ("Ancillary Bar Use Permit"). Accordingly, an Ancillary Use consisting of either one mechanical amusement device in a Bar or up to ten mechanical amusement devices operated on a premises that is not a Bar does not require a permit. (2) It shall be unlawful tor any person to install, operate or maintain to be operated an Arcade or Ancillary Use for which a permit has been granted (A) after the permit has been revoked or is otherwise invalid or (B) for any period of time during which the permit has been suspended. (3) Any premises where a mechanical amusement device permit is sought must conform to all City ordinances, including but not limited to health, safety, zoning, fire and building ordinances. (c) The provisions of Sections 1036 to 1036.24, inclusive, shall not be construed to apply to mechanical amusement devices installed, operated or maintained in private residences or businesses intended for free use solely by the residents or employees at those locations. (d) The provisions of Sections 1036 to 1036.24, inclusive, shall not apply to (1) any machine or mechanical amusement device which, in return for the coin deposited in said mechanical amusement device, will deliver the equivalent value of said coin in merchandise; provided, that no prize, reward, bonus or other thing of value is delivered with said merchandise, or (2) coin-operated billiard, pool or combination tables, which are subject to the licensing provisions of this Code in accordance with Sections 1037 to 1037.3, inclusive, and Sections 510 and 510.1. (e) The provisions of Sections 1036 to 1036.24, inclusive, shall not apply to the Recreation and Park Commission, which shall have exclusive jurisdiction to determine whether and under what conditions mechanical amusement devices may be placed on property under its jurisdiction. (Amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

Application for a mechanical amusement device permit required under subsection (b) of Section 1036.2 shall be made to the Entertainment Commission in the case of an Arcade Permit, or to the Director in the case of an Ancillary Bar Use Permit, on forms provided by the Entertainment Commission, shall be signed by the applicant and be accompanied by payment of the filing fee set forth in Section 2.26,

except that the Ancillary Bar Use Permit shall not be subject to the filing fee. If an applicant submits an application for an Arcade Permit or Ancillary Use Permit, and the application is not granted, conditionally granted, or denied within 12 months, the Director shall require the applicant to submit a new application for an Arcade Permit or Ancillary Use Permit that shall be accompanied by the payment of a new filing fee, as set forth in Section 2.26, at the time of submission of the new application. The application shall contain the following information in addition to whatever additional information is deemed necessary by the Director or the Entertainment Commission: (a) Name of the applicant. (b) The name and address of any person, other than the applicant, who holds any right, title or interest in or to each mechanical amusement device for which a permit is sought, and in those instances where such person is other than an individual, there shall be filed with the Entertainment Commission and kept available for public inspection, a statement showing, in the case of a partnership, the names and addresses of the partners; in the case of a corporation, the names and addresses of the majority stockholder(s) and directors and in the case of a business trust, the names of the trustor, trustee, and beneficiary or beneficiaries. (c) Where said mechanical amusement device is to be placed, maintained to be operated or operated; and, if said mechanical amusement device or devices are to be placed, maintained to be operated or operated in connection with any other business or calling, the character of said business or calling. (d) The maximum number of mechanical amusement devices to be placed, maintained to be operated or operated at the location for which the permit is requested. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023)

(a) When an application is filed for an Arcade Permit or for an increase in the number of mechanical amusement devices authorized under an existing Arcade Permit pursuant to Section 1036.3, the Director shall fix a time and place for a public hearing thereon and the Entertainment Commission shall hold the hearing and determine whether to grant or deny the permit within 45 City business days of the date that the applicant has submitted a complete application under Section 1036.3, except that this 45-day period shall be extended for such period or periods of time that apply under the following circumstances: (1) If the Entertainment Commission finds that an extension of time is necessary to obtain additional information for its review of the application under the standards set forth in Section 1036.5, the time period shall be extended for an additional amount of time as the Commission determines appropriate, up to 15 additional days. (2) Upon the applicant's request, the Entertainment Commission shall continue the hearing for an additional period of time to allow the applicant an opportunity to comply with the requirements of Sections 1036 through 1036.24. (3) If the applicant fails to post or maintain notice of the hearing as required by Subsection (b) of this Section 1036.4, the Director shall have the hearing before the Entertainment Commission continued for such period or periods of time that the Director determines necessary for the applicant to comply with the posting requirement, in which case the time period is extended for that additional period or periods of time. (4) If the Director finds that the Entertainment Commission is unable to meet during the 45-day time period or any permitted time extension due to emergency circumstances, the time period shall be extended until the Commission is able to meet; the Commission shall consider the matter at the first meeting that it conducts following such circumstances. (b) Not less than 10 days before the date of such hearing, the applicant shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the mechanical amusement devices are to be operated. Such notice shall set forth the type of mechanical amusement devices and the maximum number thereof which the applicant intends to operate. The applicant shall maintain said notice as posted until after the date of the hearing. (c) If the Commission does not grant or deny the Arcade Permit within the time required by Subsection (a) of this Section 1036.4, including any extensions of time provided for in Subsections (a)(1)-(4), the permit sought by the applicant shall be deemed granted, conditioned on the requirements that the Permittee obtain all required permits from other City departments within nine months in accordance with Subsection (g) of Section 1036.5 and comply with all the requirements of Sections 1036 through 1036.24. (d) The provisions of this Section 1036.4 shall not apply to an application for an Ancillary Bar Use Permit. Such permit applications shall be reviewed and decided by the Director without a formal hearing, provided that if the Director, Entertainment Commission and/or Police Department has received more than one complaint in the last twelve months regarding the permit applicant and/or the subject premises, the Director shall have the discretion to submit such application for an Ancillary Bar Use Permit to the Entertainment Commission for its determination whether to grant or deny the permit under the provisions of Section 1036.5. (Amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

DEVICE PERMIT.

(a) Upon receipt of an application for a mechanical amusement device permit, the Director shall promptly transmit a copy of the application, including notice of the hearing date in the case of an Arcade Permit application, to the Chief of Police or the Chief's designee, the Director of the Planning Department or the Director's designee, and, for those applications for permits to maintain for operation mechanical amusement devices which are wired for electricity, the Director of the Department of Building Inspection or the Director's designee. (b) If the permit applicant has not obtained all permits required for the operation of the mechanical amusement device(s) from other City departments by the date of the hearing on the application for an Arcade Permit or by the date of the Director's decision for an Ancillary Bar Use Permit, the Entertainment Commission, or the Director as applicable, may grant a conditional permit pending the issuance of the other required City permits; provided, however, the Commission, or the Director as applicable, shall take this action only if sufficient information has been provided to allow for adequate evaluation of the application and if grounds for denial, as set forth in Subsection (c), are not present. No Person may operate an Arcade or Ancillary Use for which a permit has been conditionally granted unless and until the Person has obtained all permits and authorizations required from other City departments. (c) The Entertainment Commission in the case of an Arcade Permit, or the Director in the case of an Ancillary Bar Use Permit, shall grant or conditionally grant the permit unless a finding is made that: (1) The premises or the proposed operation of the Arcade or Ancillary Use does not comply with the health, zoning, fire and safety requirements of the laws of the State of California or City ordinances applicable to the Business; (2) The building, structure, equipment or location of the proposed Arcade or Ancillary Use cannot adequately accommodate the type and volume of pedestrian traffic anticipated; (3) The premises or the proposed operation of the Arcade or Ancillary Use would substantially interfere with the public health, safety and welfare or the peaceful enjoyment of neighboring property; (4) If there is an unresolved citation applicable to the premises that has been issued by a City department, the permit shall not be granted without documented authorization from the department that issued the citation; or (5) There has been a previous denial of a permit application or previous suspension or revocation of a mechanical amusement device permit for the same permit applicant within the last 12 months, or the specific circumstances surrounding a previous denial, suspension or revocation from more than one year ago warrant denial. In the case of the Entertainment Commission's denial of an Arcade Permit, the Commission shall state in writing, or on the record at the hearing, the reason(s) for the denial. In the case of the Director's denial of an Ancillary Bar Use Permit, the Director shall state in writing the reason(s) for the denial. A permit applicant whose application has been denied may renew the application subject to the limitations set forth in Section 31 of the Business and Tax Regulations Code. (d) If the Chief of Police or the Chief's designee, or the Director of the Department of Building Inspection or the Director's designee, objects in writing, or in the case of an Arcade Permit, at the Commission hearing, to the granting of the permit on the basis that one or more of the findings stated in Subsections (c)(1)-(5) above apply, the Commission, or the Director as applicable, may not issue the permit without specifically addressing the objection in writing or, in the case of an Arcade Permit, on the record at a Commission meeting, and explaining specifically why the objection does not warrant the finding. (e) The Director shall forward to the Director of the Department of Building Inspection written notice of the conditional granting or denial of said permit if said mechanical amusement device is wired for electricity. The Department of Building Inspection shall promptly respond to requests from permit applicants for inspection of mechanical amusement devices wired for electricity. (f) When the Entertainment Commission in the case of an Arcade Permit, or the Director in the case of an Ancillary Bar Use Permit, grants or conditionally grants a mechanical amusement device permit, the Commission or the Director as applicable may impose additional reasonable time, place and manner conditions on the permit. In considering whether to impose said conditions, the circumstances surrounding any previous denial of a permit application or previous suspension or revocation of a permit for the same permit applicant or Permittee shall be considered. (g) If an applicant has been conditionally granted a permit but has not obtained all of the permits required from other City departments within nine months from the date that the Entertainment Commission in the case of an Arcade Permit, or the Director in the case of an Ancillary Bar Use Permit, conditionally granted the permit, the conditionally granted permit shall expire by operation of law and be void. If, during the nine-month period, the Director of the Department of Building Inspection objects to the application for a mechanical amusement device permit on the grounds that the permit does not comply with the San Francisco Building Code or Electrical Code , the applicant shall have the opportunity of correcting such conditions as have been disapproved and if such conditions have been corrected to the satisfaction of the Director of the Department of Building Inspection, the permit may be issued. (h) Appeals. (1) Arcade Permits. The Commission's granting, denial, suspension or revocation of an Arcade Permit, includi

e or Electrical Code , the applicant shall have the opportunity of correcting such conditions as have been disapproved and if such conditions have been corrected to the satisfaction of the Director of the Department of Building Inspection, the permit may be issued. (h) Appeals. (1) Arcade Permits. The Commission's granting, denial, suspension or revocation of an Arcade Permit, including a conditionally granted permit or an amendment to a permit, or the Commission's revocation of an Ancillary Bar Use Permit, may be appealed to the Board of Appeals within ten days of the decision of the Entertainment Commission, as provided in Section 8 of the Business and Tax Regulations Code. (2) Ancillary Bar Use Permit. The Director's granting, denial or suspension of an Ancillary Bar Use Permit, including a conditionally granted permit or an amendment to a permit, may be appealed to the Entertainment Commission by filing a written request for review within five City business days of the Director's decision. The Entertainment Commission shall hear and decide the appeal as expeditiously as possible, but in no event later than 21 days after the date that the appeal is filed. The Entertainment Commission may reverse the Director's decision only upon a finding that there was either error or abuse of discretion on the part of the Director. The Entertainment Commission's decision on the appeal may be appealed to the Board of Appeals within ten days of the decision of the Commission, as provided in Section 8

of the Business and Tax Regulations Code. (3) Exhaustion Not Required. Permittee or permit applicant may seek immediate judicial review of the actions described in Subsections (h)(1) and (h)(2) 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 may, but is not required to, exhaust his or her administrative remedies before the Entertainment Commission or before the Board of Appeals. (Amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

No permit shall be issued to any applicant relating to any mechanical amusement device that is designed or adapted to allow the insertion of additional coins, slugs or tokens in order to change the odds, grant bonuses, or otherwise affect the method of play or the outcome of the game or constitute, result in or enable illegal gambling. The Chief of Police or his or her designee may impound any mechanical amusement device being used in violation of this Section 1036.6; and, if any court of competent jurisdiction shall determine that said mechanical amusement device, or the use or operation thereof violates or has violated any of said laws, ordinances, rules or regulations, said mechanical amusement device shall be forfeited to the City. (Amended as Sec. 1036.8 by Ord. 125-85, App. 3/14/85; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.6 added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; deleted by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

When any permit is issued under the provisions of Sections 1036 through 1036.24, inclusive, the Entertainment Commission shall cause such permit to be forwarded to the office of the Tax Collector for delivery to the Permittee upon the payment of the license fees. (Added as Sec. 1036.9 by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.7 added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; deleted by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

(a) Every holder of a mechanical amusement device permit shall pay the Tax Collector for each Arcade or Ancillary Use that the permit authorizes, an annual license fee, on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.* (b) The amount of the license fee for the 2024-2025 fiscal year shall be as set forth in Section 2.27 of this Code, and such amount shall be adjusted for inflation commencing with the 2025-2026 fiscal year, and annually thereafter, in accordance with Section 2.31 of this Code. (Added as Sec. 1036.10 by Ord. 555-81, App. 11/12/81; amended by Ord. 238-11 , File No. 111101, App. 12/15/2011, Eff. 1/14/2012; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014; Ord. 193-24, File No. 240598, App. 7/31/2024, Eff. 8/31/2024) (Former Sec. 1036.8 amended by Ord. 125-85, App. 3/14/85; redesignated as Sec. 1036.6 and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

The Tax Collector shall issue a license for such Arcade or Ancillary Use for which the fee was paid, showing thereon the: (a) Name of the Permittee; (b) Address at which the mechanical amusement device(s) is or are to be operated or maintained to be operated; (c) The maximum number of such mechanical amusement devices; and (d) The number of the permit and the expiration date of the license. (Added as Sec. 1036.12 by Ord. 555-81, App. 11/12/81; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.9 added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; redesignated as Sec. 1036.7 and amended by Ord. 195-14 ,

File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

The license shall be permanently and conspicuously posted at the location of the machines in the premises wherein said mechanical amusement devices are to be operated or maintained to be operated, and shall not be removed from said location during the period for which said license was issued. (Added as Sec. 1036.13 by Ord. 555-81, App. 11/12/81; redesignated by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.10 added by Ord. 555-81, App. 11/12/81; amended by Ord. 238-11 , File No. 111101, App. 12/15/2011, Eff. 1/14/2012; redesignated as Sec. 1036.8 and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

PROHIBITED. Nothing in Sections 1036 to 1036.24, inclusive, shall permit the removing or transferring of the license to any other premises other than those for which the license was originally issued. (Amended as Sec. 1036.14 by Ord. 401-82, App. 8/13/82; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.11 added by Ord. 555-81, App. 11/12/81; deleted by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

License fees paid under the provisions of Sections 1036.8 shall not be prorated or refunded. (Added as Sec. 1036.15 by Ord. 555-81, App. 11/12/81; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.12 added by Ord. 555-81, App. 11/12/81; redesignated as Sec. 1036.9 and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

When any one of the persons mentioned in subdivisions (a) and (b) under the definition of the term "Owner and Operator of a Mechanical Amusement Device" in Section 1036 obtains a permit and pays a license fee for the maintenance or operation of said mechanical amusement device, the said permit and license fee shall cover each of the persons mentioned in said subdivisions (a) and (b). (Added as Sec. 1036.16 by Ord. 555-81, App. 11/12/81; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.13 added by Ord. 555-81, App. 11/12/81; redesignated as Sec. 1036.10 by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

Licenses for mechanical amusement devices shall be renewed as set forth in Sections 2.8 and 2.10 of this Code. (Amended as Sec. 1036.17 by Ord. 401-82, App. 8/13/82; redesignated by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.14 amended by Ord. 401-82, App. 8/13/82; redesignated as Sec. 1036.11 and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

(a) If any Arcade or Ancillary Use requiring a permit is installed, operated or maintained to be operated without a current and valid permit, the Director may impose administrative penalties and seek civil penalties against the owner or operator of the mechanical amusement

device(s) in accordance with the procedures set forth in Section 1060.25. (b) The Entertainment Commission in the case of an Arcade Permit, or the Director in the case of an Ancillary Bar Use Permit, may suspend or revoke any permit issued under Section 1036.5 if the Permittee has an expired license and/or has failed to pay the annual license fee to the Tax Collector required under Section 1036.8. (c) The remedies specified in this Section 1036.15 shall not preclude any other remedies available under state or local law. (Amended as Sec. 1036.18 by Ord. 401-82, App. 8/13/82; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.15 added by Ord. 555-81, App. 11/12/81; redesignated as Sec. 1036.12 and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

PROCEDURE FOR. (a) Mechanical amusement device permits may be suspended by the Director and the Entertainment Commission or revoked by the Entertainment Commission in accordance with the standards and procedures set forth in Sections 1060.20 through 1060.20.4, inclusive. (b) The Entertainment Commission shall cause to be forwarded to the Tax Collector, and, if said mechanical amusement device is wired for electricity, to the Director of the Department of Building Inspection, written notice of any revocation, suspension or reinstatement of any permit herein provided for. (Amended as Sec. 1036.19 by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.16 added by Ord. 555-81, App. 11/12/81; redesignated as Sec. 1036.13 and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

The Entertainment Commission, after public hearing thereon, may adopt, promulgate and enforce such rules and regulations regarding mechanical amusement devices as will enable the Police Department, Entertainment Commission and the Department of Building Inspection to enforce and carry out the meaning and intent of Sections 1036 to 1036.24, inclusive. (Amended as Sec. 1036.20 by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.17 amended by Ord. 401-82, App. 8/13/82; redesignated as Sec. 1036.14 by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

INSPECTION THEREFOR. It shall be the duty of the Entertainment Commission to ascertain that all laws of the State of California, the provisions of Sections 1036 to 1036.24, inclusive, all City ordinances, and the rules and regulations of any departments thereof, pertaining to mechanical amusement devices are strictly complied with. For that purpose, the owner or operator of an Arcade or Ancillary Use shall provide representatives of the Entertainment Commission and the Police Department, and, if said mechanical amusement device is wired for electricity, the representatives of the Department of Building Inspection, access to inspect any mechanical amusement device during any time mutually agreed upon by the City and the owner or operator or, if such time cannot be agreed upon, during any hours that the business open to the public. (Amended as Sec. 1036.21 by Ord. 401-82, App. 8/13/82; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.18 amended by Ord. 401-82, App. 8/13/82; redesignated as Sec. 1036.15 and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

Any mechanical amusement device operated or maintained to be operated in violation of any law of the State of California or of Sections 1036 to 1036.24, inclusive, or any City ordinances or the rules and regulations of any state or municipal departments thereof shall be deemed to be a public nuisance, and any such mechanical amusement device so operated or maintained to be operated may be impounded by the Chief of Police or his or her designee; and, if any court of competent jurisdiction shall determine that said mechanical amusement device, or the use or operation thereof, violates or has violated any of said laws, ordinances, rules or regulations, said mechanical amusement device shall be forfeited to the City.

(Amended as Sec. 1036.22 by Ord. 401-82, App. 8/13/82; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.19 amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002; redesignated as Sec. 1036.16 and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

Violations of Sections 1036 through 1036.24, inclusive, shall be subject to the provisions for criminal, administrative, civil penalties set forth in Section 1060.25, in addition to the permit suspension and revocation provisions set forth in Section 1036.16. Any person who violates any of the provisions of Sections 1036 to 1036.24, inclusive, more than once or who violates Section 1036.6, may be precluded from procuring any further permits for a mechanical amusement device. (Amended as Sec. 1036.24 by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.20 amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002; redesignated as Sec. 1036.17 and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

PROVISION OF CODE. The issuance of a permit or license under the provisions of Sections 1036 to 1036.24, inclusive, shall not exempt the permittee or licensee from any other provisions of the Municipal Code or any City ordinance or ordinances requiring a permit or license. (Amended as Sec. 1036.25 by Ord. 401-82, App. 8/13/82; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.21 amended by Ord. 401-82, App. 8/13/82; redesignated as Sec. 1036.18 and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of Sections 1036 to 1036.24, inclusive, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of Sections 1036 to 1036.24, inclusive. The Board of Supervisors hereby declares that it would have enacted Sections 1036 to 1036.24, inclusive, and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of said sections would be subsequently declared invalid or unconstitutional. The enactment of Sections 1036 to 1036.24, inclusive, shall not in any manner be construed as a waiver of any license or permit fees or any other fees or money due and unpaid under the provisions of any section of the Municipal Code or any City ordinance. (Amended as Sec. 1036.28 by Ord. 401-82, App. 8/13/82; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.22 amended by Ord. 401-82, App. 8/13/82; redesignated as Sec. 1036.19 and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

(a) Prohibited. It shall be unlawful for any owner or operator of a mechanical amusement device to cause, permit or allow same to be located, operated or maintained to be operated, and neither the Director nor the Entertainment Commission may issue a permit for said devices, within any area of the City zoned exclusively for residential use, as defined in Section 102 of the Planning Code or any successor legislation. The restrictions set forth in this Subsection (a) shall not apply (1) in such areas as may be designated by resolution of the Board of Supervisors, or (2) to nonprofit religious institutions, schools, hospitals, convalescent and nursing homes and nonprofit community centers. (b) Ancillary Use: One Through Ten Mechanical Amusement Devices Allowed. Subject to the permit requirements set forth above in Section 1036.3 and except where prohibited by Subsection (a) of this Section 1036.23 or by the Planning Code, an owner or operator of a mechanical amusement device or devices may cause, permit or allow same to by located, operated or maintained to be operated within any area of the City one through ten mechanical amusement devices as an Ancillary Use. (c) Arcades: Eleven or More Mechanical Amusement Devices Allowed. Subject to the permit requirements set forth above in Section 1036.3 and except where prohibited by Subsection (a) of this Section 1036.23 or by the Planning Code, the owner or operator of mechanical amusement devices may operate an Arcade.

(Added as Sec. 1036.31 by Ord. 401-82, App. 8/13/82; amended by Ord. 240-93, App. 8/4/93; Ord. 164-02, File No. 020783, App. 7/26/2002; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020) (Former Sec. 1036.23 amended by Ord. 401-82, App. 8/13/82; deleted by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

A Permittee for an Arcade Permit or an Ancillary Use Permit shall comply with such reasonable requirements as determined by the Director or the Entertainment Commission to be necessary to minimize danger to the community resulting from the operation of the mechanical amusement devices. These requirements shall be set forth in the permit or, in the event circumstances change, by appropriate amendment to the permit. (Added as Sec. 1036.32 by Ord. 401-82, App. 8/13/82; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; redesignated and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014; amended by Ord. ; amended by Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023), File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023) (Former Sec. 1036.24 amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002; redesignated as Sec. 1036.20 and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

In enacting and implementing Sections 1036 through 1036.24, inclusive, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) (Former Sec. 1036.25 amended by Ord. 401-82, App. 8/13/82; redesignated as Sec. 1036.21 and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

(Amended by Ord. 401-82, App. 8/13/82; repealed by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

(Amended by Ord. 401-82, App. 8/13/82; redesignated as Sec. 1036.22 and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

(Amended by Ord. 401-82, App. 8/13/82; repealed by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

(Added by Ord. 401-81, App. 8/13/82; repealed by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

(Added by Ord. 401-82, App. 8/13/82; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; redesignated as Sec. 1036.24 and amended by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

(Added by Ord. 401-82, App. 8/13/82; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; repealed by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

(Added by Ord. 401-82, App. 8/13/82; repealed by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)

(Added by Ord. 401-82, App. 8/13/82; repealed by Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014) [BILLIARD AND POOL TABLES] SEC. 1037. BILLIARD AND POOL TABLES. (a) No person, firm, or corporation shall engage in business under the provisions of this Section 1037 without first obtaining from the Director a permit to maintain and charge for the use of such billiard or pool or combination tables. Applications for such permits shall be reviewed and decided by the Director without a hearing, but if the Director, Entertainment Commission, and/or Police Department has received more than one complaint in the preceding 12 months regarding the permit applicant and/or the subject premises, the Director shall have discretion to refer the application to the Entertainment Commission for its determination whether to grant, conditionally grant, or deny the permit. (b) Permits for billiard and pool tables may be suspended by the Director or the Entertainment Commission or revoked by the Entertainment Commission in accordance with the standards and procedures set forth in Sections 1060.20 through 1060.20.4, inclusive. Upon the revocation of such permit, any license issued thereon shall immediately expire by operation of law, and the Tax Collector shall not issue any license under the provisions of this Section unless the applicant shall have first obtained a permit from the Director or the Entertainment Commission. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023)

Applications for billiard or pool table permits shall be filed with the Entertainment Commission on a form provided for said permit together with a nonrefundable fee. If an applicant submits an application for a billiard or pool table permit, but the permit is not granted, conditionally granted, or denied within 12 months, the Director shall require the applicant to submit a new application for a billiard or pool table permit that shall be accompanied by the payment of a new filing fee, as set forth in Section 2.26, at the time of submission of the new application. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023)

(a) Every person, firm or corporation owning, leasing or maintaining any billiard table, pool table, or combination table, for the use of patrons of any place of business, shall pay an annual license fee to the Tax Collector for the first such table and additional license fee for each additional such table in any such place of business on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.* The permit shall be nontransferable. (b) The amount of the license fee for the 2024-2025 fiscal year shall be as set forth in Section 2.27 of this Code, and such amount shall be adjusted for inflation commencing with the 2025-2026 fiscal year, and annually thereafter, in accordance with Section 2.31 of this Code. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 193-05, File No. 051027, App. 7/29/2005; Ord. 238-11 , File No. 111101, App. 12/15/2011, Eff. 1/14/2012; Ord. 193-24, File No. 240598, App. 7/31/2024, Eff. 8/31/2024)

CODE. The issuance of a permit or license under the provisions of Sections 1037 to 1037.2, inclusive, shall not exempt the permittee or licensee from any other provisions of the of San Francisco Municipal Code or any ordinances of the City and County of San Francisco requiring a permit or license or otherwise regulating the use or maintenance of billiard or pool tables. (Added by Ord. 555-81, App. 11/12/81) [SHOOTING GALLERIES OR RANGES] SEC. 1039. REGULATING SHOOTING GALLERIES – PERMIT REQUIRED. It shall be unlawful for any person, firm, corporation, club or association to establish, maintain or conduct any shooting gallery or range without a permit from the Police Department; provided, however, that said Police Department shall not grant a permit for the establishment or maintenance of any shooting gallery or range within that portion of the City and County bounded as follows: On the north by the southerly line of Broadway; on the east by a line parallel with and 30 feet west of the westerly line of Kearny Street; on the south by the northerly line of California Street, and on the west by the easterly line of Larkin Street. (Added by Ord. 1.075, App. 10/11/38)

Every person, firm, corporation, club or association desiring a permit pursuant to Section 1039 of this Article shall file an application with the Chief of Police upon a form provided by said Chief of Police and shall pay a filing fee. (Added by Ord. 555-81, App. 11/12/81)

Every person, firm or corporation, club or association engaged in the business of maintaining or conducting a shooting gallery or range, for profit, shall pay a license fee for each gallery so maintained or conducted. The license herein provided is exclusive of any powder license which now is or hereafter may be required by law. (Added by Ord. 555-81, App. 11/12/81) SEC. 1040. FIREARMS REGULATED; MINORS PROHIBITED. (a) It shall be unlawful for any person, firm, corporation, club or association, maintaining or conducting any shooting gallery or range to use or permit to be used or discharged therein any firearms of greater than 22 caliber, unless the cartridges used in such firearms be loaded with reduced charges. (b) It shall be unlawful for any person, firm, corporation, club or association, maintaining or conducting any shooting gallery or range to permit any person under the age of 18 to enter the premises that are the subject of the permit unless accompanied by a parent or guardian. (Added by Ord. 1.075, App. 10/11/38; amended by Ord. 249-13 , File No. 130585, App. 11/8/2013, Eff. 12/8/2013 ) SEC. 1041. CLOSING DURING CERTAIN HOURS. It shall be unlawful for any person, firm, corporation, club or association, maintaining or conducting any shooting gallery or range to keep the same open, or to discharge or permit to be discharged therein any firearms, cartridge or other explosive between the hours of midnight and 7:00 a.m. of the following morning. (Added by Ord. 1.075, App. 10/11/38) SEC. 1042. BETTING PROHIBITED. It shall be unlawful for any person, firm, corporation, club or association maintaining or conducting any shooting gallery or range to permit any betting or wagering upon the result of any shooting contest conducted or engaged in within such gallery or range; and it shall be unlawful for any person to bet or wager upon the result of any shooting contest conducted or engaged in within any shooting gallery or range. (Added by Ord. 1.075, App. 10/11/38) SEC. 1043. BULLET-PROOFING. Every shooting gallery or range must be bullet-proof and entirely enclosed. (Added by Ord. 1.075, App. 10/11/38) SEC. 1044. INSPECTION BY POLICE. The Chief of Police is hereby authorized and empowered to inspect shooting galleries and ranges, and to direct any member of the Police Department to make such inspection. (Added by Ord. 1.075, App. 10/11/38)

[MECHANICAL CONTRIVANCES; SKATING RINKS] SEC. 1045. MECHANICAL CONTRIVANCES AND OTHER AMUSEMENTS. It shall be unlawful for any person, firm or corporation to maintain or conduct any of the following amusements without first having obtained a permit for said amusement from the Entertainment Commission: (a) Any public roller or ice skating rink; (b) Any revolving wheel, chute, toboggan slide, merry-go-round, swing or other mechanical contrivance where a fee or sum of money is charged to carry any person thereon; (c) Any museum or any collection of machines operated for the entertainment or amusement of the public, where an admission fee is charged; provided, however, that permits for museums shall not be required under this Section from any museum maintained or conducted by a federal, state or local entity or any corporation or foundation which is exempt from income taxes under Section 501(c)(3) of the Internal Revenue Code. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

Every person desiring a permit pursuant to Section 1045 of this Article shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and shall pay a filing fee. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

Every person, firm or corporation maintaining or conducting any amusement for which a permit is required by Section 1045 of this Article shall pay a license fee on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.* The Tax Collector shall not issue a license under the provisions of this Section, unless the applicant therefor shall have first obtained from the Entertainment Commission a permit to conduct such amusement. Such permits shall be issued annually, and may be revoked at any time by the Entertainment Commission, and upon the revocation of such permit such license issued thereon shall immediately terminate and expire. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)

The application for mechanical contrivances and other amusements shall be filed in sufficient time to allow the Entertainment Commission to notice and fix the time and place for a public hearing on the application. Not less than 10 days before such hearing, the Entertainment Commission shall cause a notice of such hearing to be posted in one or more conspicuous place(s) on or about the property where the mechanical contrivances and other amusements are to be operated, in a fashion designed to inform the public of the application. Failure to apply in sufficient time for a noticed hearing to be held may be cause for the Entertainment Commission to deny issuance of a permit. (Amended by Ord. 584-81, App. 12/10/81; Ord. 164-02, File No. 020783, App. 7/26/2002)

The provisions of Sections 1045 to 1045.4, inclusive, shall not apply to any person, firm or corporation who is required to obtain a permit for the same amusement pursuant to Sections 1015 to 1018, inclusive, or Sections 1031 to 1034, inclusive, of this Article. (Added by Ord. 555-81, App. 11/12/81) SEC. 1049. PROVIDING FOR INSPECTION AND REGULATION OF MECHANICAL AMUSEMENT CONTRIVANCES USED TO CONVEY HUMAN BEINGS. Every person, firm or corporation operating or maintaining any revolving wheel, chute, scenic railway, swing, slide or mechanical amusement contrivance for the purpose of conveying human beings, shall cause an inspection of the same to be made before a license therefor is granted. Such inspection of said machine must be made quarterly prior to the issuance of the quarterly license therefor and may be made either by the Department of Public Works of the City and County of San Francisco or by a qualified safety inspector employed by an insurance company; provided, that said safety inspector shall have first secured from the Industrial Accident Commission of the State of California a certificate of competency to make such inspection. A safety certificate must be furnished to the person conducting said contrivance, and presented to the Tax Collector before a license therefor shall be granted. (Amended by Ord. 971, Series of 1939, App. 12/26/40) [RECREATIONAL EQUIPMENT VENDORS] SEC. 1050. RECREATIONAL EQUIPMENT VENDOR DEFINED. Unless the context specifically indicates otherwise, the term "recreational equipment vendor" as used in this chapter shall mean or include all persons, firms, corporations, clubs or associations which rent, sell, lease, loan or otherwise make available recreational equipment to the public. (Added by Ord. 307-79, App. 6/29/79) SEC. 1051. PERMIT REQUIRED. It shall be unlawful for any recreational equipment vendor to rent, sell, lease, loan or otherwise make available recreational equipment to the public from a truck, cart or otherwise movable vehicle located on a public street or other public property without first having obtained a permit from the Entertainment Commission. (Added by Ord. 307-79, App. 6/29/79; amended by Ord. 164-02, File No. 020783, App. 7/26/2002) SEC. 1052. APPLICATION FOR PERMIT. Applications for said permit shall be made in writing to the Entertainment Commission and shall be made in such form and shall contain such information as the Entertainment Commission shall require, including proof of liability insurance in an amount of $1 million, naming the City and County of San Francisco and its officers and employees as an additional insured, and an agreement to hold the City and County of San Francisco harmless from any liability arising out of the vending and use of recreational equipment. In granting or denying a permit, the Entertainment Commission shall give particular consideration to the peace, order, health, safety and welfare of the public and on the business reputation of the vendor; provided, that each application be made for a single city street and block and that at no time will a permit be issued to more than one recreational equipment vendor for the same street and block. No more than one permit shall be issued to any person, firm, corporation, partnership, club, association, or group of any kind. Upon application for a recreational equipment vendor permit, the Entertainment Commission shall set a time, date and place for a public hearing thereon and shall cause a notice thereof to be conspicuously posted on all available utility and light poles on the street and block for which the permit is requested not less than 20 days before the date set for public hearing. The notice shall set forth the name of the applicant, the purpose for which the application is made, and the time, date, and place of public hearing on the application.

Each applicant for a permit shall pay to the Entertainment Commission a nonrefundable application fee payable in advance. (Amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002) SEC. 1053. LICENSE FEES. Every person granted a recreational equipment vendor permit by the Entertainment Commission shall pay to the Tax Collector an annual license fee, payable in advance. The permit shall be nontransferable. The license fee prescribed in this Section is due and payable on a calendar year basis, starting January 1st of each year. Fees for new permits issued after the first day of January of a particular year shall be prorated with regard to the calendar year on a monthly basis. (Amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002) SEC. 1054. REGULATIONS. (a) Hours. Recreational equipment can only be rented, sold, leased, loaned or otherwise made available to the public between sunrise and sunset of any given day. The trucks, carts or otherwise movable vehicles used by recreational equipment vendors may be parked or positioned for one-half hour before sunrise until one-half hour after sunset. (b) Location. A recreational equipment vendor conducting business from a vehicle may not move the vehicle once the vendor has made the first business transaction of the day except in the case of an emergency or when ordered to do so by an on-duty police officer or firefighter. However, if the vendor's vehicle is parked in a restricted parking area, it is subject to all applicable parking restrictions, except that it is exempt from the provisions of Transportation Code section 7.2.84 (Commercial Vehicle Parking in Certain Districts). (c) Equipment. No recreational equipment vendor shall have available for vending more than 400 items of recreational equipment or, if the item is commonly rented in pairs, (such as roller skates) 400 pairs; provided, however, that safety equipment related to the use of the recreational equipment is not included in this limit. Every recreational equipment vendor shall certify that the all recreational equipment that is rented, sold, leased loaned or otherwise made available by that vendor is in good condition and is safe for the use for which it was intended. (d) Attended Vehicles. The vehicle used in the conduct of a recreational equipment vendor's business may not be left unattended on the Street at any time between sunset of one day and sunrise of the next day. (e) Limitation on Location. Recreational equipment cannot be rented, sold, leased, loaned or otherwise made available to the public on a public street or sidewalk in an RH-1 (D), RH-1, RH-1 (S), RH-2, RH-3, RM-1, RM-2, RM-3, RM-4, RC-1, RC-2, RC-3 or RC-4 Use District or adjacent to a park within the City and County of San Francisco. (f) Further Regulations and Rules. The Entertainment Commission shall have the authority to adopt further rules and regulations as needed to implement this Section. (Amended by Ord. 352-80, App. 7/3/80; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 287-08, File No. 081340, App. 12/5/2008) SEC. 1055. PENALTY. Any person who shall violate any of the provisions of Sections 1050 to and including 1054 of this Chapter shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine of not less than $100 and not more than $500, or by imprisonment in the jail of the City and County for a term of not more than six months or by both such fine and imprisonment. In the alternative any violations of Sections 1050 to and including 1054 of this Chapter by a permittee hereunder shall be deemed to be disorderly and improper conduct as that term is used in Section 3.537 of the Charter of the City and County of San Francisco, and the Entertainment Commission may, after hearing, revoke said permittee's permit pursuant to Section 3.537 of said Charter; or, in lieu thereof, may, after hearing, suspend said permit for such length of time as he deems proper. (Added by Ord. 307-79, App. 6/29/79; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)