San Francisco County Municipal Code Art. 15.1 Entertainment Regulations Permit and License

PROVISIONS

Sec. 1060. Definitions. Sec. 1060.1. Permit Required. Sec. 1060.1.1. License Fees. Sec. 1060.2. Filing Application and Notice to Other City Departments for Place of Entertainment Permit. Sec. 1060.2.1. Filing Application and Notice to Other City Departments for Limited Live Performance Permit. Sec. 1060.2.2. Filing Application and Notice to Other City Departments for Fixed Place Outdoor Amplified Sound Permits. Sec. 1060.2.3 Determination of Continuing Entertainment Operations Establishment. Sec. 1060.3. Application Form for Place of Entertainment Permit. Sec. 1060.3.1. Application Form for Limited Live Performance Permit. Sec. 1060.3.2. Application Form for Fixed Place Outdoor Amplified Sound Permit. Sec. 1060.4. Notice Requirements and Contact Information. Sec. 1060.5. Determination of Application for a Place of Entertainment Permit. Sec. 1060.5.1. Determination of Application for Limited Live Performance Permit. Sec. 1060.5.2. Determination of Application for Fixed Place Outdoor Amplified Sound Permit. Sec. 1060.6. Private Club. Sec. 1060.7.1. Solicitation of Drinks or Merchandise. Sec. 1060.8. Lighting. Sec. 1060.9. Miscellaneous Rules. Sec. 1060.9.1. Requirement For Stage. Sec. 1060.10. Booths. Sec. 1060.11. Police and Entertainment Commission – Inspection. Sec. 1060.12. Noise Abatement. Sec. 1060.13. Minors. Sec. 1060.14. Regulation of Signs. Sec. 1060.15. Sound Test and Sound Monitoring. Sec. 1060.16. Outdoor Amplified Sound Regulations. Sec. 1060.17. Removal of Signs and Pictorial Representation. Sec. 1060.18. Visibility From the Street. Sec. 1060.19. Permit Fee; Exemptions. Sec. 1060.20. Suspension. Sec. 1060.20.1. Suspension by the Entertainment Commission. Sec. 1060.20.2. Limited Suspension by the Director; Appeal to Entertainment Commission. Sec. 1060.20.3. Suspension for Public Safety by the Director. Sec. 1060.20.4. Revocation of a Permit. Sec. 1060.21. Forfeiture of Fee. Sec. 1060.24. Permits Not Transferable; Permit Must be Surrendered Upon Sale of Business; Permit Amendment Required to Change Partners or Other Owners. Sec. 1060.24.1. Compliance With Conditions; Amendment of Permit to Change Conditions. Sec. 1060.24.2. Appeals to the Board of Appeals. Sec. 1060.24.3. Temporary Permits. Sec. 1060.25. Criminal, Administrative, and Civil Penalties. Sec. 1060.25.1. Public Nuisance – Operating Without a Permit. Sec. 1060.26. Severability. Sec. 1060.27. Sound Truck Permit. Sec. 1060.28. Earplugs and Free Drinking Water. Sec. 1060.29. One Time Event Permit. Sec. 1060.29.1. Special Permit Procedure for One Time Events for Designated Days. Sec. 1060.29.2. One Time Outdoor Amplified Sound Permit. Sec. 1060.30. Place of Entertainment Permittees Required to Report Certain Information. Sec. 1060.31. Approval Required for Security Plans. Sec. 1060.32. Director May Require a Permittee to Comply With a Revised Security Plan. Sec. 1060.33. Adoption of Regulations. Sec. 1060.34. Regulations as to Security Plans. Sec. 1060.35. Responsible Person on Premises. Sec. 1060.36. Authority of San Francisco Police Department.

Sec. 1060.37. Promotion of General Welfare. Sec. 1060.38. Relationship of Limited Live Performance Permit to Other Permits.

SEC. 1060. DEFINITIONS. For the purposes of this Article 15.1, unless otherwise provided in this Article, the following words and phrases shall mean: “Amplified Sound Equipment.” Any machine or device, including but not limited to a loudspeaker, for the reproduction or amplification of the human voice, music, or other sound. Notwithstanding the foregoing sentence, Amplified Sound Equipment shall not include: (a) warning devices, such as but not limited to sirens, on authorized emergency vehicles, or warning devices, such as but not limited to horns, on other vehicles used only for traffic safety purposes; (b) radio or television sets that are (1) permanently installed in motor vehicle to receive programs broadcast from regularly licensed and established radio or television stations, or (2) installed in any dwelling house to receive programs broadcast from regularly licensed and established radio or television stations for the pleasure and entertainment of the occupants of such dwelling houses, or (3) established or maintained in stores indoors to demonstrate radio or television sets carried for sale or demonstration; (c) other mechanical sound or voice-reproducing devices used for the pleasure and entertainment of the occupants of private motor vehicle, or (d) pedestrian operated bullhorns, not exceeding 10 watts, E.I.A.; provided, however, that the provisions of Section 49 of this Code shall be applicable to all items encompassed in exceptions (a)-(d). “Any Sidewalk Abutting the Premises.” The sidewalk not more than 50 feet from the premises of the Business that is located between the premises and a public street. For purposes of this definition, “premises” includes any immediately adjacent area that is owned, leased, or rented by the permit applicant or Permittee. “Bona Fide Nonprofit Club or Organization.” Any fraternal, charitable, religious, benevolent, or other nonprofit organization for mutual social, mental, political, or civic welfare, to which admission is limited to members and guests if the revenue accruing therefrom is used exclusively for the benevolent purposes of said organization or agency, and if the organization or agency is exempt from taxation under the Internal Revenue laws of the United States as a bona fide fraternal, charitable, religious, benevolent, or nonprofit organization. “Business.” The enterprise for which a permit is sought or has been issued under this Article, whether operated on a for-profit or not-for- profit basis. "Conduct that Constitutes a Nuisance." Any conduct that would constitute a violation of the following laws: assault and battery (Cal. Penal Code § 240, 242, 245); sexual battery (Cal. Penal Code § 243.4); discharging firearm (Cal. Penal Code § 246, 246.3); unlawful weapons (Cal. Penal Code § 12020; S.F. Police Code § 1291); disturbing the peace (Cal. Penal Code § 415, 416, 417); unlawful threats (Cal. Penal Code § 422); obstruction of pedestrian or vehicle right-of-way (Cal. Penal Code § 370); gambling (Cal. Penal Code §§ 330, 337a); rape (Cal. Penal Code § 261); statutory rape (Cal. Penal Code § 261.5); prostitution and related offenses (Cal. Penal Code §§ 266, 266a, 266e, 266h, 266i, 315, 316, 647(b)); sex crimes for which registration is required under the Sex Offender Registration Act (Cal. Penal Code § 290); felony sexual assault loitering for lewd or lascivious purposes (Cal. Penal Code § 647(d)); loitering on private property without lawful business (Cal. Penal Code § 647(h); identify theft (Cal. Penal Code § 530.5); a violent felony warranting enhancement of a prison term (Cal. Penal Code § 667.5); criminal gang activity (Cal. Penal Code § 186.22); drug offenses (Cal. Health & Safety Code §§ 11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 11379.5); violation of Alcohol Beverage Control laws (Cal. Business & Professions Code §§ 23300, 25602, 25631, 25657, 25658); public urination or defecation (San Francisco Police Code § 153); accumulation of filth (Cal. Health & Safety Code § 17920.3(j)); or excessive noise emissions (San Francisco Police Code Section 49 or Article 29). “Corrective Action.” Action which includes, but is not limited to, the following: (a) Requesting assistance from the local law enforcement agency in a timely manner regarding the conduct. (b) Requesting those individuals engaging in Conduct that Constitutes a Nuisance to cease the conduct, or ejecting those Persons from the premises. (c) Revising the Security Plan, subject to approval by the Entertainment Commission or the Director as provided under this Article. “Director.” The Executive Director of the Entertainment Commission or individual designated by the Director to act on his or her behalf. “Entertainment.” Any of the following, except when conducted in a Private Residence: (a) Any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted in or upon any premises to which patrons or members are admitted. (b) The playing or use of any instrument capable of producing or used to produce musical or percussion sounds, including but not limited to, reed, brass, percussion, or string-like instruments, or karaoke, or recorded music presented by a live disc jockey on the premises. (c) A fashion or style show. (d) The act of any female entertainer, while visible to any customer, who exposes the breast or employs any device or covering which is intended to simulate the breast, or wears any type of clothing so that the breast may be observed. “Fixed Place Outdoor Amplified Sound Locale.” A Business that uses Amplified Sound Equipment, not attached to a Sound Truck, at any location out of doors in the City for more than a total of 12 days, whether consecutive or non-consecutive, per 12-month period, and at which Entertainment is not furnished or does not occur; for example, playing recorded music on Any Sidewalk Abutting the Premises, p

“Fixed Place Outdoor Amplified Sound Locale.” A Business that uses Amplified Sound Equipment, not attached to a Sound Truck, at any location out of doors in the City for more than a total of 12 days, whether consecutive or non-consecutive, per 12-month period, and at which Entertainment is not furnished or does not occur; for example, playing recorded music on Any Sidewalk Abutting the Premises, patio, courtyard, plaza, or other outdoor space that is under the control of the Business or for which the Business has obtained a permit to use from

the City. This definition shall not include property that is a Private Residence. “Fixed Place Outdoor Amplified Sound Permit.” A permit allowing a Fixed Place Amplified Sound Locale to use Amplified Sound Equipment outdoors. “Just Add Music (JAM) Permit.” A temporary permit for authorization to provide outdoor entertainment or outdoor amplified sound on City sidewalks, City streets, and outdoor property that is not in the public right-of-way, issued pursuant to the 27th Supplement to Mayoral Proclamation Declaring the Existence of a Local Emergency Dated February 25, 2020, which Supplement is dated September 25, 2020. “Limited Live Performance Permit.” A permit allowing a Limited Live Performance Locale to present Live Performances. “Limited Live Performance Locale.” A locale with all the following features: (a) The presentation of Live Performances is a secondary purpose of the locale rather than its primary purpose. (b) The locale is indoors, or consists of an outdoor patio, plaza, courtyard, or similar space, with or without open means of public ingress and egress, with an area in which Live Performances are presented that is no greater than 200 square feet. For purposes of this provision, “outdoor patio, plaza, courtyard, or similar space” also shall include, regardless of the square footage of the Live Performance area, (1) any Plaza as identified in Administrative Code Chapter 94; (2) any Shared Space as identified in Administrative Code Chapter 94A, or (3) any Greater Downtown Activation Location as identified in Administrative Code Chapter 94D. (c) Live Performances presented at the locale conclude by 11 p.m. Notwithstanding the previous sentence, Live Performances must conclude by 10 p.m. at any locale in any of the following areas: (1) the North Beach Neighborhood Commercial District as defined in Planning Code Section 722; (2) the north and south sides of Chestnut Street between the east side of Fillmore Street and the west side of Divisadero Street; and (3) the north side of Lombard Street, between Fillmore Street and Divisadero Street. (d) The locale is not a Private Residence. (e) Patrons or members are admitted to the locale, except this requirement shall not apply to a Plaza as identified in Administrative Code Chapter 94 or a Shared Space as identified in Administrative Code Chapter 94A. “Live Performance.” Any act, play, review, pantomime, scene, song, dance act, song and dance act, poetry recitation, fashion or style show, recorded music presented by a live disc jockey on the premises, or the playing or use of any instrument capable of producing or used to produce musical or percussion sounds, including but not limited to, reed, brass, percussion, or string-like instruments. )1 “Manager.” The individual authorized by the Permittee to exercise discretionary power to organize, direct, carry out or control the operations of the Business. “One Time Event.” An indoor event, or outdoor event such as a concert, parade, fair, festival, athletic event, or block party, that is organized for a group of people, (a) at which Entertainment is furnished or occurs, and (b) which takes place at any location in the City that is not a Private Residence. “One Time Event Permit.” A permit, as further described in Section 1060.29, allowing a Person to conduct a One Time Event on the premises specified in the permit for no longer than one 24-hour period. “One Time Outdoor Amplified Sound.” An outdoor gathering, occurrence, or event at which (a) no Entertainment is furnished or occurs, and (b) Amplified Sound Equipment not attached to Sound Trucks is used to project sound outside of any building or at any location out of doors in the City that is not a Private Residence. “One Time Outdoor Amplified Sound Permit.” A permit allowing One Time Outdoor Amplified Sound on the premises specified in the permit. “Permittee.” The Person to whom a permit has been issued under this Article. “Person.” Any person, individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit excepting the United States of America, the State of California, and any political subdivision of either. “Place of Entertainment.” Every premises, including outdoor premises, to which patrons or members are admitted which serves food, beverages, or food and beverages, including but not limited to alcoholic beverages, for consumption on the premises and wherein Entertainment is furnished or occurs upon the premises. “Private Residence.” A residence that is used solely or primarily to provide housing and not rented out to third parties for Entertainment uses. “Professional Entertainer.” A person who is compensated for his or her performance. This definition does not restrict the definition of “Entertainment” in this Section 1060 and is relevant only to the extent the term “Professional Entertainer” is used in this Article. “Sale of the Business” or “Sell the Business.” The sale or other transfer of the ownership interest in a Business that results in a Person (who did not already have such a percentage interest) owning 50% or more of the Business, regardless of the form of ownership. “Security Guard.” A person who has a valid Proprietary Private Security Officer registration document issued by the California Department of Consumer Affairs; or a person who is a Patrol Special Police Officer appointed by the Police Commission or an assistant to a Patrol Special Police Officer and is operating in accordance with rules of the Police Commission governing Patrol Special Police Officers and assistants to Patrol Special Police Officers; or, a person who is a Private Patrol Operator, as defined by California Business and Professions Code Sections 7582.1-7582.2, as may be amen

Police Officer appointed by the Police Commission or an assistant to a Patrol Special Police Officer and is operating in accordance with rules of the Police Commission governing Patrol Special Police Officers and assistants to Patrol Special Police Officers; or, a person who is a Private Patrol Operator, as defined by California Business and Professions Code Sections 7582.1-7582.2, as may be amended from time to time. “Security Plan.” A plan that adequately addresses the safety of persons and property by (a) providing a ratio of one Security Guard to a specific number of individuals as described in the paragraph immediately below (b) securing the sidewalk for a 100-foot radius in all

directions around the premises of the Business to prevent injury to persons and/or damage to property, and (c) providing for the orderly dispersal of individuals and traffic from the premises of the Business and within 100 feet of any door that patrons use to enter or exit the premises. The phrase “100 feet” in (c) means 100 feet from the door in both directions on the same side of the street as the premises of the Business. The plan shall include sufficient staff with the requisite experience to implement the plan. The Security Plan must provide at least one Security Guard for every 100 individuals anticipated to be present at any one time during Entertainment events on the premises of the Business, with the following two qualifications. There must always be at least one Security Guard for every 100 individuals actually present at any one time during Entertainment events on the premises of the Business. Further, in those areas of the City where a conditional use authorization is required for a late night use, on Thursdays, Fridays, Saturdays, and Sundays from 9:00 p.m. until closing (including early morning hours Friday, Saturday, Sunday, and Monday) the Security Plan must provide at least one Security Guard for every 100 individuals authorized by the Occupancy Permit during Entertainment events on the premises of the Business. The definition of Security Plan in this Section 1060 does not limit the discretion of the Entertainment Commission and Director as specified in this Article to impose more stringent requirements for a Security Plan as circumstances warrant. If no Entertainment event is occurring on the premises, the Security Plan does not have to include Security Guards, but the Entertainment Commission retains discretion to impose Security Guard requirements as part of a Security Plan. “Sound Truck.” Any motor vehicle or other means of conveyance, having mounted thereon, attached thereto, or carrying any Amplified Sound Equipment, except that an “Unenclosed Tour Bus” as defined in Section 2913 of this Code shall not be considered a Sound Truck for purposes of this Article. “Sound Truck Permit.” A permit allowing a Sound Truck to use Amplified Sound Equipment. “Tax Collector.” Tax Collector of the City and County of San Francisco. (Amended by Ord. 42-83, App. 2/4/83; Ord. 325-91, App. 9/4/91; Ord. 165-93, App. 5/28/93; Ord. 262-04, File No. 041148, App. 11/4/2004; Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013; Ord. 82-14 , File No. 140064, App. 6/13/2014, Eff. 7/13/2014; Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 96-23, File No. 230309, App. 5/26/2023, Eff. 6/26/2023; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023; Ord. 237-24, File No. 240804, App. 10/11/2024, Eff. 11/11/2024) CODIFICATION NOTE

1. So in Ord. 163-17.

(a) Unless otherwise provided in this Article, the following definitions apply. (i) To provide notice "electronically" means to send written notice by email, facsimile or in any other manner that the Director designates as appropriate to transmit written information other than by mail or personal delivery. (ii) To "mail" notice or give notice "by mail" means depositing the notice in a sealed envelope or package, clearly labeled to identify the individual to whom it is sent, in a post office, mailbox, or other facility regularly maintained by the United States Postal Service, by First Class Mail, with postage prepaid. The requirement that notice be mailed within a specified period of time means that the notice is deposited in the mail within that period of time. (iii) "Personally deliver" or "personal delivery" means delivering notice or causing notice to be delivered in person. (iv) "Notice" means notice of a hearing, decision, action required of an applicant for a permit or a Permittee, or any other information that this Article requires to be given or which the Entertainment Commission or the Director find appropriate in implementing the provisions of this Article. (b) Applicants for a permit and Permittees shall provide information necessary to enable the Entertainment Commission and the Director to give notice under this Article. Applicants and Permittees shall provide the Director in writing with a street address where the applicant and Permittee receive mail from the United States Postal Service, and with any email address, facsimile number or other information necessary to enable notice to be sent to the applicant and Permittee electronically. The applicant and Permittee shall keep the information required by this Section current by informing the Director in writing of any change. When the Commission or Director mails or personally delivers notice or sends notice electronically to the applicant or Permittee in accordance with the information most recently provided in writing by that Person, such action shall satisfy the requirements of this Article with respect to how notice is given. (c) In some circumstances, this Article requires notice to the Manager. The Permittee shall provide a telephone and/or cell phone number and a facsimile number or email address for the transmission of notice to the Manager. The Permittee shall keep current the contact information for the Manager and shall notify the Director in writing of any change in this information. The Manager may designate other individuals to whom notice is to be given for any periods of the Manager's absence or unavailability by providing this information in writing to the Director. When the Commission or Director mails or personally delivers notice or sends notice electronically to the Manager, or to any individual designated by the Manager to receive notice in place of the Manager, in accordance with the information most recently provided in writing by the Permittee for the Manager, or by the Manager for his or her designee, such action shall satisfy the requirements of this Article that notice be given to the Manager. (d) The Director may require applicants, Permittees and Managers to provide different or additional contact information for receipt of notice as communication technologies change. (e) A Permittee may change the name and/or address of the individual provided by the Permittee in the permit application to accept service of process by providing written notice to the Director. (Added by Ord. 140-70, App. 4/28/70; Ord. 239-09, File No. 080323, App. 11/20/2009)

No establishment issued a permit pursuant to this Article may allow the premises to be used solely for the purpose of conducting a private club between the hours of 2:00 a.m. and 6:00 a.m. (Added by Ord. 140-70, App. 4/28/70)

Every establishment which has received a permit pursuant to this Article shall be lighted throughout to an intensity of not less than 12 foot candles during all hours of operation except while the floor show is in progress. (Added by Ord. 140-70, App. 4/28/70)

It shall be unlawful for any person operating a place of entertainment under the provisions of this Article in the City and County of San

Francisco, or any agent, employee or representative thereof, to erect, construct, maintain, or cause or permit to be erected, constructed or maintained, within such place of entertainment any private rooms, booths, enclosures or compartments, or any closed stalls, or any alcoves of any nature, so arranged that the inner portion of the same shall not at all times be visible from any point in the place of entertainment where such rooms, booths, enclosures, compartments, stalls or alcoves should be reasonably within view. (Added by Ord. 140-70, App. 4/28/70)

The Police Department and the Entertainment Commission, in addition to their several other duties, shall have the authority to inspect any and all establishments that have been issued a permit pursuant to this Article 15.1. (Added by Ord. 140-70, App. 4/28/70; amended by Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023)

Whenever, upon due notice and hearing, it shall be determined that noise from any establishment which has been issued a permit pursuant to this Article interfered with the right of persons dwelling in the vicinity of such establishment to the peaceful and quiet use and enjoyment of their property, the Entertainment Commission may require that the premises be soundproofed in a manner that in the judgment of the Entertainment Commission will be effective to eliminate the noise or reduce it to a reasonable level. In taking any action under this Section, the Entertainment Commission must balance all of the interests of the respective parties, as well as the hardship which will result from any order. If the Entertainment Commission finds that the noise complained of is of a minimum or inconsequential degree, no action shall be taken under this Article. If a permittee fails, within a reasonable time and in no event more than 60 days after having been ordered to do so pursuant to this Article, to abate any noise, his permit shall be suspended after a second hearing, due notice of which is given, until such time as he complies with the order. (Added by Ord. 140-70, App. 4/28/70; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

No person under 21 years of age shall enter, be, or remain in or on any premises on or in which any exhibition of the human body, as described in the definition of Entertainment in Section 1060, is presented, and permittee shall not permit such a person to enter, be, or remain in or on any such premises. (Added by Ord. 140-70, App. 4/28/70; amended by Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013; Ord. 163-17 ,, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

No sign or signs, paintings, photographs, pictorial representations, or any other visual means shall be maintained, erected, used or placed upon or adjacent to the outside of any building, or in connection with any premises therein, which has received a permit pursuant to this Article, if it shows, reveals or depicts, in whole or in part, the following: (1) The performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, copulation (oral, anal or vaginal), flagellation or any sexual acts which are prohibited by law; (2) The actual or simulated caressing or fondling by one adult human being of the breast, buttocks, anus or genitals of another adult human being; (3) The actual or simulated displaying of the pubic hair, anus, vagina, penis, vulva, buttocks, or any other external genitalia of the human body; (4) Any portion of the nude female breast below the top of the areola. (Amended by Ord. 71-73, App. 2/23/73)

(a) Sound Test. As a condition of any permit issued under this Article 15.1, the Commission or the Director shall have the authority to require a sound test to be performed by a Commission sound inspector to ensure compliance with the allowable noise limits under this Article 15.1, Section 49 and Article 29 of the Police Code, or any alternative noise limits set by the Commission in the permit. (b) Sound Monitoring. As a condition of any permit issued under this Article 15.1, the Commission or the Director shall have the authority to require sound monitoring to be performed by a Commission sound inspector to ensure compliance with the allowable noise limits under this Article, Section 49 and Article 29 of the Police Code, or any alternative noise limits set by the Commission in the permit as authorized by subsection (e) of Section 2909 of this Code, and may assess the hourly sound monitoring fee set forth in Section 2.26 for such purposes. (Amended by Ord. 71-73, App. 2/23/73; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013; Ord. 70-15 , File No. 141298, App. 5/21/2015, Eff. 6/20/2015; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

(a) Findings. The use or operation of amplified sound equipment to project sound outside of any building or at any location out of doors in the City may be detrimental to the health, welfare, and safety of the inhabitants of the City, in that such use or operation diverts the attention of pedestrians and vehicle operators in the public streets and places, thus increasing traffic hazards and potentially causing injury to life and limb. Further, such use or operation may disturb the public peace and comfort and the peaceful enjoyment by the people of their rights to use the public streets and places for street and other public purposes, and may disturb the peace, quiet, and comfort of the neighboring inhabitants. Therefore, the proper regulation of such use and operation of outdoor amplified sound equipment as set forth in this Section 1060.16 and Sections 1060.5.2, 1060.27, and 1060.29.2 is essential to protect the health, welfare, and safety of the inhabitants of the City, to secure the health, safety, comfort, convenience, and peaceful enjoyment by the people of their rights to use the public streets and places, and to secure the peace, quiet, and comfort of the City’s inhabitants. (b) Unless otherwise permitted by the Entertainment Commission following a public hearing, and except as to Sound Truck Permits which are governed by Section 1060.27 of this Article 15.1, any permit issued pursuant to this Article that authorizes the use of Amplified Sound Equipment to project sound outside of any building or at any location out of doors in the City shall include the following conditions with regard to outdoor amplified sound: (1) Hours of operation of outdoor Amplified Sound Equipment shall be no earlier than 9:00 a.m. and no later than 10:00 p.m.; (2) Amplified speech and music shall not be unreasonably loud, raucous, or jarring to persons of normal sensitivities within the area of audibility, nor louder than permitted in subsection (c); and (3) The volume of outdoor sound shall be controlled so that it will not be audible for a distance in excess of 250 feet from the property line of the Business or premises or from the periphery of the attendant audience. (c) In considering whether to impose noise limits that are different from those in subsection (b) of this Section 1060.16, the Commission shall consider the following factors: (1) Whether the Business, premises, or event will generate outdoor amplified sound in the evening; (2) In the case of an amendment to an existing permit, the length of time the Business or premises has operated, either under the current operator or prior operators; (3) In the case of an amendment to an existing permit, whether the Commission, Police Department, Department of Public Health, or other City entity has received noise complaints related to the operation of the Business or premises; (4) The proximity of the Business or premises to other outdoor amplified sound or commercial uses; (5) The proximity of the Business or premises to existing residential buildings; and/or (6) The proximity of the Business or premises to hospitals, schools, houses of worship, courthouses, public libraries, or mortuaries and those facilities’ normal hours of use. (d) For Fixed Outdoor Amplified Sound permits, a Commission sound inspector shall perform a sound test per Section 1060.15 of this Code before the Permittee may commence operations under the permit. The Commission may also require that a Commission sound inspector perform a sound test per Section 1060.15 before a Permittee may commence operations under a One Time Amplified Sound Permit. (Added by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

Any sign, or signs, or portions thereof, in violation of Sections 1060.14 shall be removed within 60 days after the effective date of this Article.

(Amended by Ord. 71-73, App. 2/23/73; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)

No operator of a Place of Entertainment shall permit, or cause to be permitted, any Entertainment as defined in Section 1060(g)(4) that would be visible at any time from the street, sidewalk or highway. (Added by Ord. 140-70, App. 5/28/70; amended by Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)

(a) Place of Entertainment, Limited Live Performance, and Fixed Place Outdoor Amplified Sound Permit Fee Exemptions. (1) The provisions of Section 1060.2 relating to a permit fee shall not apply to any Place of Entertainment, Limited Live Performance Locale, or Fixed Place Outdoor Amplified Sound Locale used exclusively for any of the following purposes: Places of Entertainment, Limited Live Performance Locales, or Fixed Place Outdoor Amplified Sound Locales that are operated by any public agency or by any educational, recreational, or social agency, or by any bona fide fraternal, charitable, religious, benevolent, or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political, and civic welfare, to which admission is limited to members and guests and revenue accruing therefrom is to be used exclusively for the benevolent purposes of said organization and which organization or agency is exempt from taxation under the Internal Revenue laws of the United States as a bona fide fraternal, charitable, religious, benevolent, or nonprofit organization. (2) Notwithstanding the above subsection (a)(1), the Steward or permittee for a Plaza as identified in Administrative Code Chapter 94 and a People Place as identified in Administrative Code Chapter 94A shall be subject to the permit fee of Section 1060.2 . (b) One Time Event and One Time Outdoor Amplified Sound Permit Fee Exemption and Waiver. (1) Exemption. The provisions of Section 1060.2 relating to a permit fee shall not apply to a One Time Event or One Time Outdoor Amplified Sound Event permit application filed by an entity that has received City funds specifically for the event that is the subject of the permit application. (2) Fee Waivers. (A) Individuals. The Director may grant an individual applicant an exemption from paying the filing fee for a One Time Event or One Time Outdoor Amplified Sound Event Permit upon the applicant’s filing under penalty of perjury a declaration of financial hardship on the form provided by the Entertainment Commission. The form shall use the indigency standards set out in California Government Code Section 68632, as amended from time to time. The applicant shall submit the financial hardship declaration concurrently with the permit application. (B) Nonprofit and Neighborhood Organizations. The Director may grant a nonprofit organization or a neighborhood association an exemption from paying the filing fee for a One Time Event or One Time Outdoor Amplified Sound Permit for an event if (i) the proposed event is free and open to the public, and (ii) the filing fee is more than 25% of the total projected budget for the event. (Added by Ord. 140-70, App. 4/28/70; amended by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 82-14 , File No. 140064, App. 6/13/2014, Eff. 7/13/2014; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; Ord. 118-25, File No. 250537, App. 7/17/2025, Eff. 8/17/2025)

On revocation of the permit, no part of the permit fee shall be returned, but the said permit fee shall be forfeited to the City and County of San Francisco. (Added by Ord. 140-70, App. 4/28/70)

(Amended by Ord. 555-81, App. 11/12/81; Ord. 165-93, App. 5/28/93; repealed by Ord. 239-09, File No. 080323, App. 11/20/2009)

(Added by Ord. 140-70, App. 4/28/70; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; repealed by Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)

If any section, Subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, Subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, Subsections, subdivision paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. (Added by Ord. 140-70, App. 4/28/70)

(a) Director’s Authority. (1) Except as otherwise provided in this Section 1060.27, the Director may issue Sound Truck Permits and applicants may appeal the Director’s denial of an application to the Entertainment Commission as set forth in this Section. (2) The Director shall have the discretion to submit any application to the Entertainment Commission for its determination whether to grant or deny a Sound Truck Permit under the provisions of this Section. Where the Director submits an application to the Commission, and the Commission grants the Sound Truck Permit, the Director may, without further action by the Commission, approve subsequent applications from the same Person to use a Sound Truck for future dates, provided that (A) the subsequent application(s) contain no material changes regarding the nature, location, or scope of the event or purpose for which the Sound Truck will be used, (B) neither the Commission nor any other City agency has received complaints pertaining to the Sound Truck’s prior operations, and (C) any permit conditions imposed by the Commission when granting the initial Sound Truck Permit are included in any and all such subsequent Sound Truck Permits. (b) Permit Application. (1) Every Person seeking a Sound Truck Permit shall file an application with the Director no less than seven days before the proposed use of the Sound Truck and shall pay the filing fee provided in Section 2.26 of this Code. The time limitation for the filing of a permit application may be waived by the Director if the applicant can show that the event or events giving rise to the permit application did not reasonably allow the applicant time to file within the time prescribed and imposition of the time limitations would place an unreasonable restriction on the right of free speech. (2) The application shall include the following information: (A) name and home address of the applicant; (B) address of place of business of the applicant; (C) name and address of the person having direct charge of the Sound Truck; (D) the purpose for which the Sound Truck will be used; (E) a general statement as to the area or areas of the City in which the Sound Truck will be used, including a proposed route if requested; (F) the proposed hours of operation of the Sound Truck; (G) the number of days of proposed operation of the Sound Truck; (H) the general description of the Amplified Sound Equipment which is to be used in or on the Sound Truck; and (I) the maximum sound-producing power of the Amplified Sound Equipment to be used in or on the Sound Truck, the voltage used by said equipment, and the rated power output in watts. (3) Subject to the waiver provision in subsection (b)(1), the Director shall send the application to the Police Department for input, which the Police Department shall provide to the Director within three City business days of receiving the application. (c) Permit Grant or Denial. The Director, or in applicable cases under subsection (a)(2) the Entertainment Commission in the Director’s stead, shall review applications for a Sound Truck Permit according to the conditions and standards set forth in Section 1060.5.2(f) and (g), and shall grant a permit unless the Director or the Commission finds (1) that the application was filed less than seven days before the proposed use and a waiver was not granted or warranted, (2) denial is warranted under any of the grounds set forth in Section 1060.5.2(f), or (3) another application has been submitted and a permit issued for the same location during the same time period. If another application has been submitted for the same time and place and is still pending, the Director or the Commission shall deny that application unless the applicant requests that it remain open until the Director or Commission has determined whether to grant or deny any earlier-filed application. When multiple applicants submit complete applications for the same time and place, the Director or Commission shall make determinations on them in the order in which they were received. (d) Regulations for Sound Truck Use. (1) Each Sound Truck Permit shall issue for no longer than one 12-hour period. A single Sound Truck Permit may be issued for multiple trucks for the same time and place, subject to payment of the applicable fees in Section 2.26 of this Code. There shall be no limit to the number of trucks that may be covered by one permit. (2) When granting a Sound Truck Permit, the Director, or in applicable cases under subsection (a)(2) the Entertainment Commission in the Director’s stead, shall require the applicant as a condition of the permit to comply with the following regulations for use: (A) Hours of operation permitted shall be between 9:00 a.m. and 10:00 p.m.; (B) No Sound Truck with its amplifying device in operation shall traverse any one block in the City more than eight times in any one calendar day; (C) Amplified speech and music shall not be unreasonably loud, raucous, or jarring to persons of normal sensitivities within the area of audibility; (D) When the Sound Truck is in motion, the volume of sound shall be controlled so that it will not be audible for a distance in excess of 450 feet from its source; provided, however, that when the Sound Truck is stopped by traffic, the said sound amplifying equipment shall not be operated for longer than two minutes at such stop; and (E) When the Sound Truck is not in motion, the volume of sound shall be controlled so that it will not be audible for a distance in excess of 250 feet from the periphery of the attendant audience. (3) If a permit applicant seeks permit conditions that diverge from any of the aforementioned regulations in subsection (d)(2)(A)-(E), the application must be heard and decided by the Commission, not the Director. (4) The Director or the Entertainment Commis

controlled so that it will not be audible for a distance in excess of 250 feet from the periphery of the attendant audience. (3) If a permit applicant seeks permit conditions that diverge from any of the aforementioned regulations in subsection (d)(2)(A)-(E), the application must be heard and decided by the Commission, not the Director. (4) The Director or the Entertainment Commission may impose additional reasonable restrictions on the time, place and manner of the use of amplified sound on the Sound Truck. The Director or Entertainment Commission shall in no event impose conditions pursuant to this Section 1060.27 that are designed to limit the content of First Amendment expression engaged in by persons subject to the permit or which unreasonably interfere with the right of free speech. (e) Permit Denial. If the permit is denied, the Director, or in applicable cases under subsection (a)(2) the Entertainment Commission in the Director’s stead, shall state in writing the reason for the denial and shall notify the applicant of the determination electronically and either by mail or personal delivery.

(f) Appeal to Entertainment Commission. (1) An applicant for a Sound Truck Permit who files an application at least 40 days before the date of the proposed event shall have the right to appeal the Director’s denial of the application to the Entertainment Commission. The Director shall act on applications filed at least 40 days before the event within a time period that allows for an appeal to the Commission. The applicant may appeal the Director’s decision to the Commission by filing a written request for review within five City business days of the Director’s decision. The Commission shall hear and decide the appeal as expeditiously as possible, but in no event later than 21 days after the date that the applicant filed the appeal. (2) Applicants who do not file at least 40 days before the proposed event shall have no right to appeal a denial of the application to the Entertainment Commission unless the Commission has sufficient time to schedule and provide notice of the hearing on the matter for a regularly scheduled meeting. If the applicant has filed the application less than 40 days before the proposed event and the Commission does not have sufficient time to provide the required public notice of the appeal for a regularly scheduled meeting, the Commission is not required to consider the matter. When an applicant files an application less than 40 days before the proposed event, the Director shall inform the applicant that there may be insufficient time for the applicant to appeal the Director’s denial to the Commission. (g) Non-Transferable. Sound Truck Permits are not transferable. The Permit is valid only for the Person to whom it is issued for the premises specified in the permit. (h) Judicial Review. An applicant may seek immediate judicial review of an adverse decision by the Director under this Section 1060.27 pursuant to California Code of Civil Procedure Section 1085 or Section 1094.8, as those provisions may be amended, including any successor provisions, or any other procedure provided by law. The applicant may, but is not required to, exhaust his or her administrative remedies before the Entertainment Commission and Board of Appeals. (Added by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017) (Former Sec. 1060.27 added by Ord. 140-70, App. 4/28/70; amended by Ord. 325-91, App. 9/4/91; Ord. 164-02, File No. 020783, App. 7/26/2002; repealed by Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)

(a) If the location for which the place of entertainment permit is issued contains a dance floor or other place primarily designated for dancing, the permit holder shall provide: (1) Free cool drinking water to patrons by means of an automatic drinking fountain or by providing cups of water at all beverage service locations, or both; and (2) Earplugs for free, or for sale on the premises at a reasonable price. (b) Notwithstanding the above Subsection, these requirements shall not apply to a Plaza as identified in Administrative Code Chapter 94. (Added by Ord. 176-00, File No. 000477, App. 7/28/2000; amended by Ord. 215-02, File No. 021459, App. 11/1/2002; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013; Ord. 82-14 , File No. 140064, App. 6/13/2014, Eff. 7/13/2014)

CERTAIN INFORMATION. (a) Every Place of Entertainment Permittee shall provide written notice to the Entertainment Commission within 30 days after any of the following occurs: (1) Criminal charges, complaints or indictments for those persons described in Section 1060.3 (b), (c), (e) and (f) occurring after the filing of the permit application to the extent that they fall within the categories specified in Subsections (j), (k) and (l) of Section 1060.3. (2) Criminal charges, complaints or indictments for any individual that the Permittee designates as Manager occurring after the filing of the permit application to the extent that they fall within the categories specified in Subsections (j), (k) and (l) of Section 1060.3. (b) Every Person holding a Place of Entertainment Permit, other than a publicly traded corporation, shall maintain a record of the name and address of every Person who directly or indirectly owns or controls 10% or more of the assets, ownership interests or voting interests in the Person holding the Permit, which shall be known as a "record of principal owners," and shall make the information available to the Entertainment Commission upon request. Every Person subject to this Subsection (b) shall report any change to the record of principal owners within 30 days of the transaction that effects the change. A "publicly traded" corporation is a company that has issued securities through an initial public offering which are traded on at least one stock exchange or over-the-counter market. (Added by Ord. 239-09, File No. 080323, App. 11/20/2009)

(a) Every Place of Entertainment shall have a Security Plan, as defined in Section 1060(n), that has been approved by the Entertainment Commission or the Director, as required by this Article. Compliance with the Security Plan approved under this Article is a condition of the permit. (b) As of the effective date of this Section, the Entertainment Commission shall not approve any permit or other application relating to a Place of Entertainment unless the applicant has a Security Plan that has been approved by the Commission or the Director as provided in this Article. The Security Plan shall meet the minimum requirements of Section 1060(n) and any implementing rules and regulations. The Commission shall disapprove any Security Plan that it determines does not adequately address the safety of persons and property and provide for the orderly dispersal of persons and traffic, notwithstanding the compliance of the proposed Security Plan with the minimum requirements of Section 1060(n). (c) Every Place of Entertainment Permittee that does not have a Security Plan approved by the Entertainment Commission on the effective date of this Section shall submit a proposed Security Plan to the Director. (1) The Director shall mail notice of the requirements of this Section to each Permittee that does not have a Security Plan approved by the Entertainment Commission on the effective date of this Section. (2) Each Permittee shall submit a proposed plan no later than 30 days from the date of the Director's notice. Upon receiving a proposed plan, the Director shall send a copy to the San Francisco Police Department, which shall have 10 City business days to review and make recommendations to the Director. (3) The Director shall review each proposed plan and, after reviewing any recommendations submitted by the San Francisco Police Department, shall approve or disapprove it. When disapproving a proposed plan, the Director shall notify the Permittee what changes are

required to obtain approval. (4) If the Director disapproves the plan submitted by the Permittee, the Permittee may appeal the Director's determination to the Entertainment Commission by submitting a written appeal to the Secretary of the Commission within ten days of the Director's disapproval. Upon receiving an appeal, the Commission shall promptly notify the San Francisco Police Department. When acting on an appeal, the Commission may approve, overturn or modify the Director's determination. If the Commission overturns the Director's order, the Permittee shall comply with the Security Plan as submitted to the Director under Subsection (c). If the Commission modifies the order, it shall set forth any changes to the plan that the Permittee shall be required to make and the Permittee shall comply with the Security Plan required by the Commission. (5) If the Commission approves the Director's order of if the Permittee does not appeal the Director's disapproval of the proposed plan, the Permittee shall comply with the Security Plan that includes the revisions required by the Director under Subsection (c)(3) of this Section. (6) The Permittee has 90 days from the date of the Director's notice under Subsection (c)(1) of this Section to gain approval of the Security Plan from the Director or the Commission in accordance with the procedures stated in Subsections (c)(1)-(5) of this Section. (d) The Entertainment Commission may suspend a Place of Entertainment permit as set forth in Section 1060.20.1(a)(5) if the Permittee has failed to submit a proposed Security Plan. (e) The Commission may suspend a Place of Entertainment permit as set forth in Sections 1060.20.1(a)(5) and 1060.20.1(a)(6) for failure to comply with the plan as required under this Article. (f) The suspension of a permit for violation of this Section may be appealed to the Board of Appeals as provided in Section 1060.24.2. (g) For the purpose of calculating compliance with the component of a Security Plan that requires a ratio of one Security Guard to a specific number of individuals, a Security Guard may be counted toward the ratio for only one Place of Entertainment at any one time. This calculation rule applies whether the required ratio of Security Guard to individuals is based solely on the definition of Security Plan in Section 1060(n), is otherwise required by this Article, or is a condition of the Place of Entertainment permit. (h) Where the Chief of Police or the Chief's designee, with the concurrence of the Director, determines that the public safety will not be advanced by enforcing on a particular Business with a Place of Entertainment Permit the requirement stated in Section 1060(n) that on Thursday and Sunday evenings there be a Security Guard for every 100 individuals authorized by the Occupancy Permit, the Chief or Chief's designee or the Director may notify the Permittee in writing that that Security Guard ratio based on Occupancy Permit shall not be required for that Business on Thursday and/or Sunday evenings. Such a determination may be based on all relevant factors, including but not limited to the past operation of the Business or related Businesses, but may not be based on the content of constitutionally protected expression or entertainment. Such a determination creates no vested right on the part of the affected Business to an exemption from the Thursday/Sunday requirement of one Security Guard per 100 individuals authorized by the Occupancy Permit, and said determination may be changed at any time by the Chief of Police or the Chief's designee, or by the Director, upon written notice to the Permittee. For purposes of this Subsection (h), the Captain for the district where the Business is located, or the Captain's designee, is deemed the Chief's designee unless the Chief of Police directs otherwise. (Added by Ord. 239-09, File No. 080323, App. 11/20/2009)

SECURITY PLAN. (a) Notwithstanding a Security Plan's compliance with the minimum requirements of Section 1060(n) and prior approvals under this Article, after consulting with the San Francisco Police Department, the Director may issue an order directing a Permittee to comply with a revised Security Plan by directing such revisions as the Director reasonably determines will address the safety and traffic concerns that arise in either of the following circumstances: (1) Conduct Constituting a Nuisance, as defined in Section 1060, has occurred on the premises of, or on Any Sidewalk Abutting the Premises of, the Business; or (2) The Security Plan for the Place of Entertainment is inadequate to address safety or traffic concerns. (b) The Director shall send the order to the Permittee setting forth the date of issuance of the order and its effective date. The Director shall send this order to Permittee and the Manager electronically and by mail or personal delivery. (c) To provide the Permittee an opportunity to file an appeal, the Director's order shall not take effect for ten City business days from the date that the order issues. Any Permittee directed to comply with a revised Security Plan under this Section may appeal the Director's decision within ten City business days of the date that the order issues by filing a written request for review with the Secretary of the Entertainment Commission. The Permittee shall not be required to comply with the Director's order pending the Commission's action on the matter. If the Permittee withdraws the appeal, the order of the Director shall take effect immediately upon the withdrawal of the appeal or upon the effective date of the Director's order, whichever is later. (d) When acting on the appeal, the Entertainment Commission may affirm, overturn or modify the Director's order. (1) If the Commission modifies the Director's order, it shall set forth any revisions to the plan that the Commission deems appropriate to address traffic and safety problems related to operation of the Business. (2) If the Commission approves the Director's order, the Permittee shall comply with the revised Security Plan as directed by the

Director under Subsection (a) of this Section. (e) The Commission may suspend a permit as provided in Section 1060.20.1(a)(6) if the Permittee fails to comply with the revised Security Plan as required under this Section. (f) The suspension of a permit for non-compliance with this Section may be appealed to the Board of Appeals, as provided in Section 1060.24.2. (g) Permittees are required to have Security Plans that meet the minimum requirements of Section 1060(n). Nothing in this Section or any other provision of this Article authorizes either the Director or the Entertainment Commission to require or permit any Permittee to operate under a Security Plan that does not meet the minimum requirements. (Added by Ord. 239-09, File No. 080323, App. 11/20/2009)

The Entertainment Commission may adopt regulations implementing the provisions of this Article and Article 15.2 (Extended-Hours Premises Permits), including regulations governing the procedure for hearings before the Commission. (Added by Ord. 239-09, File No. 080323, App. 11/20/2009)

(a) The Entertainment Commission, in consultation with the San Francisco Police Department, shall develop rules and regulations governing Security Plans under this Article and Article 15.2, which shall address the number of Security Guards required to protect the public safety in light of the number and placement of exits on the premises of a Business. (b) Notwithstanding the definition of "Security Plan" in Section 1060(n) of this Article and Section 1070(o) of Article 15.2, the Entertainment Commission, in consultation with the Police Department, may adopt a rule, applicable in those areas of the City where a conditional use authorization is required for a late night use, requiring that on Mondays, Tuesdays, and/or Wednesdays from 9:00 p.m. until closing (including early morning hours the following day), the Security Plan provide at least one Security Guard for every 100 individuals authorized by the Occupancy Permit during Entertainment events on the premises of the Business. In addition, notwithstanding the aforementioned definitions of "Security Plan," the Entertainment Commission, in consultation with the Police Department, may adopt a rule, applicable in any or all areas of the City, that on one or more designated days of the year or on particular days of the week, the Security Plan provide at least one Security Guard for every 100 individuals authorized by the Occupancy Permit during Entertainment events on the premises of the Business. In deciding whether to adopt a rule pursuant to this Subsection (b), the Commission shall consider all relevant factors, including but not limited to the expected attendance at Entertainment events on the premises of Businesses that would be affected by the rule on the days covered by the rule, past or anticipated problems with providing security at such events on those days, enforcement problems that may arise in the absence of the rule, and the anticipated economic impact of the rule on Permittees. This Subsection (b) does not limit or diminish the Commission's powers under Section 1060.29.1 of this Article. If the Entertainment Commission pursuant to this Subsection (b) adopts a rule covering Mondays, Tuesdays, and/or Wednesdays, the Chief of Police or the Chief's designee, with the concurrence of the Director, may determine that the public safety will not be advanced by enforcing on a particular Business with a Place of Entertainment Permit or Extended Hours Premises Permit the requirement that on some or all of those evenings there be a Security Guard for every 100 individuals authorized by the Occupancy Permit. Where such a determination is made, the Chief or Chief's designee or the Director may notify the Permittee in writing that that Security Guard ratio based on Occupancy Permit shall not be required for that Business on Monday, Tuesday, and/or Wednesday evenings. Such a determination may be based on all relevant factors, including but not limited to the past operation of the Business or related Businesses, but may not be based on the content of constitutionally protected expression or entertainment. Such a determination creates no vested right on the part of the affected Business to an exemption from the requirement imposed by the rule of one Security Guard per 100 individuals authorized by the Occupancy Permit on Monday, Tuesday, and/or Wednesday, and said determination may be changed at any time by the Chief of Police or the Chief's designee, or by the Director, upon written notice to the Permittee. For purposes of this Subsection (b), the Captain for the district where the Business is located, or the Captain's designee, is deemed the Chief's designee unless the Chief of Police directs otherwise. If the Entertainment Commission pursuant to this Subsection (b) adopts a rule covering one or more designated days of the year or particular days of the week, the rule may authorize the Chief of Police or the Chief's designee, with the concurrence of the Director, to exercise the same authority as described in the previous paragraph to determine that the public safety will not be advanced by enforcing the rule with respect to a particular Business on a day or days covered by the rule. (Added by Ord. 239-09, File No. 080323, App. 11/20/2009)

At any time a Business is open for operation as a Place of Entertainment or Limited Live Performance Locale, there shall be at least one person on the premises who is responsible for the operation of the Business and who is readily available to respond to and interact with Police Officers, the Director, or any other City employee or official. The Entertainment Commission, in consultation with the San Francisco Police Department, shall develop rules and regulations to further implement this requirement. (Added by Ord. 239-09, File No. 080323, App. 11/20/2009; amended by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011)

Nothing in this Article is intended to restrict or alter in any way the authority vested in the San Francisco Police Department under Federal, State or local law to take action in response to conduct that arises in connection with the operation of a Business. (Added by Ord. 239-09, File No. 080323, App. 11/20/2009)

In undertaking the enforcement of this Article, 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. 239-09, File No. 080323, App. 11/20/2009)