San Francisco County Municipal Code Art. 15.2 Entertainment Regulations for Extended-Hours

PREMISES Sec. 1070. Definitions. Sec. 1070.1. Permit Required.

Sec. 1070.1-1. License Fees. Sec. 1070.2. Filing Application, Notice to Other City Departments, and Departmental Reports. Sec. 1070.3. Application Form. Sec. 1070.4. Notice Requirements and Contact Information. Sec. 1070.5. Determination of Application. Sec. 1070.6. Private Club.

Sec. 1070.8. Solicitation of Trade. Sec. 1070.9. Procurement. Sec. 1070.10. Attire. Sec. 1070.11. Lighting. Sec. 1070.12. Miscellaneous Rules. Sec. 1070.13. Booths. Sec. 1070.14. Police; Inspection. Sec. 1070.15. Noise Abatement. Sec. 1070.16. Minors. Sec. 1070.17. Suspension. Sec. 1070.17.1. Suspension by the Entertainment Commission. Sec. 1070.17.2. Limited Suspension by the Director; Appeal to Entertainment Commission. Sec. 1070.17.3. Suspension for Public Safety by the Director. Sec. 1070.18. Forfeiture of Fee. Sec. 1070.19. Exceptions. Sec. 1070.20. Revocation of a Permit. Sec. 1070.22. Permits Not Transferable; Permit Must be Surrendered Upon Sale of Business; Permit Amendment Required to Change Partners or Other Owners. Sec. 1070.23. Permit Required. Sec. 1070.24. Criminal and Administrative Penalties. Sec. 1070.25. Severability. Sec. 1070.27. Earplugs and Free Drinking Water. Sec. 1070.28. Approval Required for Security Plans. Sec. 1070.29. Director May Require a Permittee to Comply With a Revised Security Plan. Sec. 1070.30. Compliance With Conditions; Amendment of Permit to Change Conditions. Sec. 1070.31. Permittees Required to Report Certain Information. Sec. 1070.32. Appeals to Board of Appeals. Sec. 1070.33 Authority of San Francisco Police Department. Sec. 1070.34. Promotion of General Welfare. Sec. 1070.35. Reports by Entertainment Commission. Sec. 1070.36. Prospective Moratorium on Grant of Extended-Hours Premises Permits.

SEC. 1070. DEFINITIONS. For the purpose of this Article, unless otherwise provided in this Article, the following words and phrases shall mean and include: (a) "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. (b) "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. (c) "Bona Fide Public Eating Place." A place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the Department of Public Health. "Meals" means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. "Guests" shall mean persons who, during the hours when meals are

regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this Section, however, shall be construed to require that any food be sold or purchased with any beverage. (d) "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. (e) "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). (f) "Corrective Action." Action which includes, but is not limited to, the following: (1) Requesting assistance from the local law enforcement agency in a timely manner regarding the conduct. (2) Requesting those individuals engaging in Conduct that Constitutes a Nuisance to cease the conduct, or ejecting those Persons from the premises. (3) Revising the Security Plan, subject to approval by the Entertainment Commission or the Director as provided under this Article. (g) "Dance Academy." The term "Extended-Hours Premises" also includes a dance academy wherein students are admitted between 2:00 a.m. and 6:00 a.m., and instruction is given in ballroom or other types of dancing, whether to the students in groups or individually. (h) "Director." The Executive Director of the Entertainment Commission or an individual designated by the Director to act on his or her behalf. (i) "Entertainment." Any of the following, except when conducted in a private residence: (1) 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. (2) 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. (3) A fashion or style show. (4) The act of any female professional 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. (j) "Extended-Hours Premises." Every premises to which patrons or members are admitted or which allows patrons or members to remain between 2:00 a.m. and 6:00 a.m. which serves food, beverages, or food and beverages, including but not limited to, alcoholic beverages, for consumption on the premises or wherein Entertainment as defined in Subsection (i) is furnished or occurs upon the premises. The term includes a "Dance Academy." (k) "Manager. The individual authorized by the Permittee to exercise discretionary power to organize, direct, carry out or control the operations of the Business. (l) "Permittee." The person to whom a permit has been issued under this Article. (m) "Person." Any person, individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, 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. (n) "Security Guard." A person who has a valid Proprietary Private Security Officer registration document issued by the California Department of Consumer Affairs; 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. (o) "Security Plan." A plan that adequately addresses the safety of persons and property by (i) providing a ratio of one Security Guard to a specific number of individuals as described in the paragraph immediately below (ii) 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 (iii) providing for the orderly dispersal of individuals and traffic from the premises of the Business and within 100

iding a ratio of one Security Guard to a specific number of individuals as described in the paragraph immediately below (ii) 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 (iii) 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 (iii) of this Subsection (o) 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 Subsection 1070(o) 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. (p) "Tax Collector." Tax Collector of the City and County of San Francisco. (q) "Professional Entertainer." A person who is compensated for his or her performance. This definition does not restrict the definition of "Entertainment" in Subsection (i) and is relevant only to the extent the term "professional entertainer" is used in this Article. (Amended by Ord. 229-74, App. 5/16/74; Ord. 192-89, App. 6/5/89; Ord. 76-98, App. 3/6/98; Ord. 238-09, File No. 080324, App. 11/20/2009; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)

DEPARTMENTAL REPORTS. (a) Every person seeking a permit or an amendment to a permit under this Article shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and shall pay a filing fee as provided by Section 2.26 of this Code. (b) The Director shall send the application to the following departments, which shall complete all necessary inspections and report their determinations to the Entertainment Commission within 20 City business days of receiving the application: (1) The Police Department; (2) The Planning Department; (3) The Department of Public Health, except that this subsection (b)(3) shall not apply if the applicant provides evidence of a permit to

operate a food preparation and service establishment on the premises, as required by Article 8 of the Health Code, current as of the date of the Person’s application for an Extended-Hours Premises Permit; and (4) The Fire Department, except that this subsection (b)(4) shall not apply if the applicant provides evidence of a place of assembly permit for the premises, as required by Chapter 1 of the San Francisco Fire Code, current as of the date of the Person’s application for an Extended-Hours Premises Permit. (c) If an applicant submits an application for an Extended-Hours Premises 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 Extended-Hours Premises 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. 238-09, File No. 080324, App. 11/20/2009; Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023; Ord. 118-25, File No. 250537, App. 7/17/2025, Eff. 8/17/2025)

Except as otherwise provided herein, an application for a permit for a Business pursuant to the provisions of this Article shall specify for that Business the same information required under Section 1060.3 of this Code for applications for Place of Entertainment Permits and the applicant shall sign the application under penalty of perjury. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 325-91, App. 9/4/91; Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 238-09, File No. 080324, App. 11/20/2009)

(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. 252-70, App. 7/23/70; Ord. 238-09, File No. 080324, App. 11/20/2009)

The procedures and standards set forth in Section 1060.5 of this Code shall govern the review and determination of applications for Extended-Hours Premises Permits. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 325-91, App. 9/4/91; Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 216-02, File No. 021460, App. 11/1/2002; Ord. 238-09, File No. 080324, App. 11/20/2009)

No establishment licensed 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. 252-70, App. 7/23/70)

(a) No Permittee shall employ or permit any hostess, entertainer, or Person to solicit any patron or customer of or visitor in said Extended- Hours Premises to purchase any beverage or merchandise for the one soliciting or for any other Person. (b) No Permittee shall employ any hostess or entertainer for the purpose of procuring or encouraging the purchase or sale of beverages or merchandise, or pay any such hostess or entertainer a percentage or commission on the sale of beverages or merchandise for procuring or encouraging the purchase or sale of beverages or merchandise on said premises. (Amended by Ord. 306-73, App. 8/6/73; Ord. 76-98, App. 3/6/98; Ord. 238-09, File No. 080324, App. 11/20/2009)

No Permittee shall permit or allow or cause any Person, including any employee of the Extended-Hours Premises, to solicit by personal solicitation or otherwise, or by means of any device whereby the voice of the person soliciting can be heard at or near such entrance. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98; Ord. 238-09, File No. 080324, App. 11/20/2009)

No person shall permit, procure, counsel, or assist any person to expose himself or herself. (Added by Ord. 252-70, App. 7/23/70)

No person shall enter, be, or remain in any establishment licensed pursuant to this Article or required to be licensed pursuant to this Article, except when attired in such a manner that the pubic area, private parts, the crease of the buttocks are completely covered and are not visible to the human eye. (Added by Ord. 252-70, App. 7/23/70)

Every establishment licensed pursuant to this Article shall be lighted throughout an intensity of not less than 12 footcandles during all hours of operation. (Added by Ord. 252-70, App. 7/23/70)

No professional entertainer or employee may dance, unnecessarily converse, or associate with any customer on the premises in any extended-hours premises; provided, however, that a regularly scheduled audience participation type of entertainment may be presented during the time slated and in the manner described in an advertisement posted in a regularly printed program. Provided, further, that a copy of said advertisement shall be received by the Entertainment Commission 24 hours prior to the conducting of said audience participation entertainment. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002)

It shall be unlawful for any person operating an extended-hours premises 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 extended-hours premises 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 extended-hours premises where such rooms, booths, enclosures, compartments, stalls, or alcoves should be reasonably within view. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98)

The Police Department, in addition to its several other duties, shall inspect any and all establishments licensed pursuant to this Article. (Added by Ord. 252-70, App. 7/23/70)

Whenever, upon due notice and hearing, it shall be determined that noise from any establishment licensed under 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 unconsequential degree, no action shall be taken under this Article. If a licensee 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 take such steps as were ordered to abate any noise, his license 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. 252-70, App. 7/23/70; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

Except as provided in this Section, no person under 21 years of age shall enter, be, or remain in or on any premises operated as an extended-hours premises. A licensee shall not permit such a person to enter, be, or remain in or on any such premises except on Friday and Saturday nights there shall be a one-half hour grace period, until 2:30 a.m., for the departure from extended-hours premises of persons 18 to 21 years of age. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 192-89, App. 6/5/89; Ord. 76-98, App. 3/6/98)

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. 252-70, App. 7/23/70)

(a) The Entertainment Commission may grant an exception to an Extended-Hours Premises as defined herein from the provisions of Sections 1070.11, 1070.13, and 1070.16 relating to lighting of the premises, booths, and minors on the premises if the Entertainment Commission shall find that the Extended-Hours Premises is used exclusively for any of the following purposes: (1) A Bona Fide Public Eating Place as defined herein to which the Department of Public Health has issued a public eating place permit. (2) A Place of Entertainment with no liquor license. (3) An Extended-Hours Premises operated by any public agency; by any educational, recreational, or social agency; or by any Bona Fide Nonprofit Club or Organization. (b) Any determination as to the exception status of any applicant pursuant to this Section shall be made by the Entertainment Commission. (c) A decision by the Entertainment Commission denying the exception from the regulations shall be final except that an appeal therefrom may be taken within ten days to the Board of Appeals. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 47-04, File No. 032029, App. 4/1/2004; Ord. 238- 09, File No. 080324, App. 11/20/2009)

(Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002; repealed by Ord. 238-09, File No. 080324, App. 11/20/2009)

SALE OF BUSINESS; PERMIT AMENDMENT REQUIRED TO CHANGE PARTNERS OR OTHER OWNERS. (a) No Person may transfer a permit issued under this Article to any other Person. (b) If a Permittee Sells the Business, the Permittee shall promptly surrender the permit to the Director. If the Permittee fails to surrender the permit to the Director, the Director may, after giving the Permittee notice by mail and electronically of the proposed action and an opportunity to respond, revoke the permit. (c) Notwithstanding Subsections (a) and (b) of this Section, a Permittee may change partners, shareholders, or other owners of a Business provided that (1) the sale or other transfer of ownership results in a Person owning no more than 50% of the Business, regardless of the form of ownership, and (2) the Permittee obtains an amendment to the Permit as provided in this Section. If the transfer of ownership does not result in any Person (who did not already have such a percentage interest) having an ownership interest of ten percent or more, the Permittee is not required to obtain a permit amendment. (d) A Permittee seeking to amend a permit as required under this Section shall pay the filing fee for Permit Amendment/Additional Partner set forth in Section 2.26 of this Code. The applicant shall provide that portion of the information sought under Section 1070.3 that the Director requires. (e) The Director shall determine within 30 days of the filing of a complete application to amend a permit whether to approve it. The Director shall approve the application unless he or she determines that denial is warranted under any of the grounds set forth in Section 1070.5(f) (incorporating the standards set forth in Section 1060.5(f)) and shall notify the Permittee and Manager of the approval electronically and either by mail or personal delivery. (f) If the Director determines that disapproval of the application may be warranted, the Director shall schedule a hearing on the matter for

the next regularly scheduled meeting of the Entertainment Commission. The Director shall promptly provide written notice of the hearing to the Permittee and the Manager by mail and electronically. (g) The Entertainment Commission shall determine whether to approve the application according to the standards governing the initial application for an Extended-Hours Premises Permit (incorporating the standards set forth in Section 1060.5(f)). (h) Temporary Permits. Once the Entertainment Commission receives a surrendered Permit under this Article, the new owner of the business may apply to the Executive Director of the Entertainment Commission for an Extended-Hours Premises Permit, subject to any required Planning Department approvals, for a period not to exceed 90 days from the date of surrender (a "Temporary Extended-Hours Permit"). The Executive Director of the Entertainment Commission may grant a Temporary Extended-Hours Permit provided that (1) the new owner has already submitted an application for an Extended-Hours Permit, (2) that the new owner's Entertainment events and activities are consistent with those allowed under the prior Permit, (3) that the premises at issue complies with all existing health, safety, and fire ordinances, and (4) where a Temporary Extended-Hours Permit is necessary to ensure uninterrupted operations of a business at the premises. This Temporary Permit may not be renewed as a Temporary Permit. The Entertainment Commission may establish additional procedures and Temporary Extended-Hours Permit criteria to help carry out the goals of this Section 1070.22(h). (Amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 238-09, File No. 080324, App. 11/20/2009; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)

All premises operating as an extended-hours premises as defined in Section 1070(a) herein are required to conform with all provisions contained in Sections 1070 through 1070.17 of this Article within 90 days of the effective date thereof, unless excepted pursuant to Section 1070.19; failure so to do shall make continued operation of said extended-hours premises establishment a violation of Section 1070.24 hereof. New permits must be obtained from the Entertainment Commission as Sections 1070.1, 1070.2, 1070.3 and 1070.4 hereof provide. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002)

(a) CRIMINAL PENALTY. Any person who violates any provision of this Article shall be deemed guilty of an infraction. Any person who violates this Article more than once in a 12-month period shall be guilty of an infraction or a misdemeanor, at the discretion of the prosecutor. A first violation of this Article is an infraction is punishable by a fine of not more than $100. A second violation within one year of the date of the first violation is an infraction punishable by a fine of not more than $200 or a misdemeanor punishable by a fine of 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, at the discretion of the prosecutor. A third or subsequent violation within one year of the date of the second or subsequent violation is an infraction punishable by a fine of not more than $500 or a misdemeanor punishable by a fine of 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, at the discretion of the prosecutor. Each day a Person conducts, operates, or maintains a Business without a valid permit shall constitute a separate violation. (b) ADMINISTRATIVE PENALTY. (1) The Director may issue administrative citations for the violation of any condition imposed on a permit granted under this Article and any violation of Section 1070.28 or 1070.29 (governing Security Plans). San Francisco Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," is hereby incorporated in its entirety and shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued under this Subsection (b). The Director shall impose fines for violations of any permit condition and any violation of Section 1070.28 or 1070.29 as set forth in Section 100.5(a) of the San Francisco Administrative Code. (2) Notwithstanding Subsection (b)(1) of this Section, the procedure governing the appeal of a citation set forth in San Francisco Administrative Code Chapter 100 is revised as provided in this Subsection (b)(2). The Controller may designate the Director of the Department of Public Works as a hearing officer under San Francisco Administrative Code Section 100.7, but shall designate such officer for no more than one appeal a month and for no more than 12 times in a 12-month period. (Added by Ord. 251-70, App. 7/23/70; Ord. 238-09, File No. 080324, App. 11/20/2009)

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 Article 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, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. (Added by Ord. 252-70, App. 7/23/70)

(Added by Ord. 75-98, App. 3/6/98; amended by Ord. 217-00, File No. 001313, App. 9/8/2000; repealed by Ord. 238-09, File No. 080324, App. 11/20/2009)

If the location for which the extended hours premises permit is issued holds over 500 persons and contains a dance floor or other place primarily designated for dancing, the permit holder shall provide: (a) 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 (b) Earplugs for free, or for sale on the premises at a reasonable price. (Added by Ord. 176-00, File No. 000477, App. 7/28/2000; amended by Ord. 215-02, File No. 021459, App. 11/1/2002)

(a) Every Extended-Hours Premises shall have a Security Plan, as defined in Section 1070(o), that has been approved by the Entertainment Commission or by the Director, as required by this Article. (b) As of the effective date of this Section, the Entertainment Commission shall not approve any permit or other application relating to a Business 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 1070(o) 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 plan with the minimum requirements of Section 1070(o). (c) Compliance with the Security Plan approved under this Article is a condition of the permit. (d) Every Extended-Hours Premises 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. The Entertainment Commission, the Director and every Permittee shall follow the procedures and standards set forth in Section 1060.31 of this Code for the approval of Security Plans under this Article. The Entertainment Commission may suspend a permit for the Permittee's failure to comply with the requirements of Section 1060.31 as required by this Subsection (d), including the failure to submit a proposed Security Plan and the failure to comply with an approved Security Plan. (e) 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, is otherwise required by this Article, or is a condition of the Place of Entertainment permit. (f) 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 an Extended Hours Premises Permit the requirement stated in Section 1070(o) 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 the 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 (f), 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. 238-09, File No. 080324, App. 11/20/2009; amended by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

SECURITY PLAN. Notwithstanding a Security Plan's compliance with the minimum requirements of Section 1070(o) 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 safety and traffic concerns. The procedures and standards set forth in Section 1060.32 of this Code shall govern the issuance of orders directing a Permittee to comply with a revised Security Plan under this Article. The Entertainment Commission may suspend a permit for the Permittee's failure to comply with the requirements of Section 1060.32 as required by this Section. (Added by Ord. 238-09, File No. 080324, App. 11/20/2009)

CHANGE CONDITIONS. No Permittee shall operate a Business in any manner inconsistent with any condition imposed on the permit. A Permittee may request an amendment to a permit to remove or change a condition by filing a request with the Secretary of the Commission and paying the fee for an Amendment to a Permit required under Police Code Section 2.26. The Entertainment Commission shall conduct a hearing and determine whether to approve the application to amend the permit according to the procedures and standards governing the initial application for Extended-Hours Premises Permits. (Added by Ord. 238-09, File No. 080324, App. 11/20/2009)

(a) Every 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 the Permittee, the Manager, and each Person with authority or control over the Business occurring after the filing of the permit application to the extent that they fall within the categories specified in Sections 1060.3(j), (k) and (l) of this Code as incorporated by Section 1070.3. (b) Every Person holding a Extended-Hours Premises Permit, other than a publicly traded corporation, shall maintain a record of the name and address of every Person that 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. 238-09, File No. 080324, App. 11/20/2009)

(a) The following actions taken under this Article may be appealed to the Board of Appeals: The granting or denial of a permit, including a conditionally granted permit, or an amendment to a permit; the suspension or revocation of a permit; and the denial by the Entertainment Commission of an exception from the regulations under Section 1070.19. Any such appeal shall be filed within ten days from the date of the decision, as provided in Section 8 of the San Francisco Business and Tax Regulations Code. (b) Notwithstanding the provisions of Subsection (a) of this Section, the Permittee or permit applicant may seek immediate judicial review of the actions described in Subsection (a) 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 is not required to exhaust his or her administrative remedies before the Entertainment Commission or before the Board of Appeals. (Added by Ord. 238-09, File No. 080324, App. 11/20/2009)

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. 238-09, File No. 080324, 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. 238-09, File No. 080324, App. 11/20/2009)

(a) The Director shall prepare regular quarterly and yearly reports pertaining to Extended-Hours Premises Permits and One Time Event Permits. The report for the January-March quarter shall be completed no later than April 20; for the April-June quarter, no later than July 20; for the July-September quarter, no later than October 20; for the October-December quarter, no later than January 30. The first quarterly report shall only cover that portion of the quarter that follows the effective date of Ordinance No. 238-09. The yearly report shall cover the calendar year and be completed no later than January 30. A One Time Event Permit covering the hours of 2:00 a.m. to 6:00 a.m. on January 1 shall be considered as part of the October-December quarter and as part of the year ending December 31. (b) Quarterly and yearly reports shall be promptly submitted to the Clerk of the Board of Supervisors, the Mayor, the Chief of Police, and any City department that has requested such reports or that in the Director's judgment would have an interest in such reports. These reports shall be promptly posted on the Entertainment Commission website and maintained on the website for at least seven years. (c) Yearly reports shall include, for Extended-Hours Premises Permits, total number of existing permits; number of existing permits in each Police District; name and location of the Premises for each existing permit. Existing permits shall be measured as of December 31 immediately prior to submission of the yearly report. (d) Yearly reports shall include, for One Time Event Permits, total number of permits granted during the prior calendar year or granted for events occurring during the prior calendar year; total number of those permits that included authorization for the event to go beyond 2:00 a.m.; number of permits in each Police District; number of permits that included authorization for the event to go beyond 2:00 a.m. in each Police District; name and location of the Premises for each event. (e) Quarterly reports shall include, for Extended-Hours Premises Permits granted during the quarter that is the subject of the report, name and location (street address and Police District) of the Premises; a summary of the Security Plan; a summary of the business plan; and any conditions placed on the permit. In addition, quarterly reports shall include the number of applications for Extended-Hours Premises Permits denied by the Commission, suspended by the Commission or Director, or revoked by the Commission, during the quarter that is the subject of the report, and a summary of the grounds for the denial, suspension, or revocation. (f) Quarterly reports shall include, for One Time Event Permits granted during the quarter that is the subject of the report or granted for events occurring during that quarter, name and location (street address and Police District) of the Premises; whether the permit authorizes the event to go beyond 2:00 a.m.; a summary of the Security Plan; a summary of the business plan; and any conditions placed on the permit. In addition, quarterly reports shall include the number of applications for One-Time Event Permits denied by the Commission, and a summary of the grounds for denial. (g) Quarterly reports shall include a summary of every complaint, whether formal or informal, brought to the attention of the Entertainment Commission or its staff and/or the Police Department pertaining to the operation of an Extended Hours Premises or an event for which a One Time Event Permit had been issued. The report shall state the general nature of the complaint (by way of example but not limitation, noise, overcrowding, altercation, criminal activity); the general type of source of the complaint (by way of example but not limitation, a patron, neighbor, or Police Officer), and the resolution of the complaint, if any. (h) Notwithstanding the time frame for submission of yearly reports as stated in Subsection (a), the Entertainment Commission shall submit no later than 30 days after the effective date of Ordinance No. 238-09 a report containing the information for Extended-Hours Premises Permits required to be included in a yearly report as stated in Subsection (c), current as of the effective date of Ordinance No. 238- 09 Further, this report shall contain the information for One Time Event Permits required to be included in a yearly report as stated in Subsection (d), covering calendar year 2008 and that portion of calendar year 2009 up to the effective date of Ordinance No. 238-09. (i) The San Francisco Police Department and other City departments shall cooperate with and assist the Director, at the Director's request, in providing information for all reports that must be submitted under this Section. (Added by Ord. 238-09, File No. 080324, App. 11/20/2009)

PREMISES PERMITS. (a) Within two weeks on either side of the yearly anniversary of the effective date of Ordinance No. 238-09, the Entertainment

Commission shall hold an annual hearing to determine whether there has been a substantial increase since the effective date of Ordinance No. 238-09 in the number of Extended-Hours Premises Permits in existence. To make this determination as to Extended-Hours Premises Permits at the first annual hearing, the Commission shall compare the number of such permits in existence at the time of the hearing to the number of such permits in existence as indicated in the report submitted pursuant to Section 1070.35(h). To make this determination at subsequent annual hearings, the Commission shall compare the number of such permits in existence at the time of the hearing to the number of such permits in existence at the time of the last annual hearing. (b) If the calculation mandated by Subsection (a) of this Section demonstrates an increase of 15% or more in any year in the number of Extended-Hours Premises Permits in existence and the number is at least 15% greater than the number of such permits in existence as indicated in the report submitted pursuant to Section 1070.35(h), there shall be a City-wide moratorium on the granting of additional Extended-Hours Premises permits. In lieu of a City-wide moratorium, the Entertainment Commission shall have discretion to impose a moratorium applicable only to certain geographic areas of the City in which there is a concentration of Extended-Hours Premises Permits. In this context, a "concentration of Extended-Hours Premises Permits" means geographic areas in the City that have the largest number of Extended-Hours Premises Permits and that cumulatively account for at least 70% of the Extended-Hours Premises Permits in existence as of the hearing mandated by Subsection (a) of this Section. In this context, the Commission may define "geographic areas" by reference to Police Districts, zoning provisions of the Planning Code, or other measures that are reasonable in light of other provisions in City law or commonly understood notions of the contours of various San Francisco neighborhoods. The Commission may exercise its discretion to impose the aforementioned moratorium applicable only to certain geographic areas if the Commission makes a finding on the record that considering all factors, including but not limited to economic and public safety concerns, such a moratorium is preferable to a City-wide moratorium. (c) If a moratorium on Extended-Hours Premises Permits is imposed pursuant to Subsection (b) of this Section, the Entertainment Commission or Director, in consultation with the Police Department, Planning Department, and such other departments as the Commission or Director shall designate, shall conduct a study of the effects of the moratorium, as well as the effects of the substantial increase in the number of Extended-Hours Premises Permits in existence that gave rise to the moratorium. The study shall be completed no earlier than six months and no later than eleven months after the moratorium is imposed. The Entertainment Commission shall hold a hearing on the subject of the study within one month of completion of the study and shall make a recommendation regarding continuing, modifying, or lifting the moratorium. The Police Department and Planning Department shall participate in the hearing and other interested departments may participate in the hearing. Within three months of the Entertainment Commission hearing, the Board of Supervisors or a committee thereof shall hold a hearing on the same subject. (d) Any moratorium under this Section 1070.36 shall only apply to Extended Hours Premises Permits for any premises where Entertainment is furnished or occurs upon the premises and shall not apply to any premises that serves food, beverages, or food and beverages, without Entertainment. (Added by Ord. 238-09, File No. 080324, App. 11/20/2009; amended by Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)