San Francisco County Municipal Code Art. 15.7 Event Promoters

Sec. 1075.1. Definition of Event Promoter. Sec. 1075.1.1. Other Definitions. Sec. 1075.2. Event Promoter Registration Required. Sec. 1075.2.1. Submission of Registration Information. Sec. 1075.2.2. Online Registration and Posting. Sec. 1075.2.3. Registration Receipt. Sec. 1075.2.4. Sale or Change of Ownership. Sec. 1075.3. Event Promoter Records and Information. Sec. 1075.4. Permittees' Use of Registered Event Promoters. Sec. 1075.5. Director's Powers Regarding Event Promoters. Sec. 1075.5.1. Procedures and Appeal Rights. Sec. 1075.5.2. Duration of Director's or Commission's Order. Sec. 1075.5.3. Online Disclosure of Director's or Commission's Order. Sec. 1075.6. Multiple Event Promoters for a Single Event. Sec. 1075.7. Administrative Penalties for Event Promoters. Sec. 1075.8. Sanctions for Permittees. Sec. 1075.9. Relationship to Other Municipal Code Provisions. Sec. 1075.10. Adoption of Regulations. Sec. 1075.11. Promotion of General Welfare. Sec. 1075.12. Authority of San Francisco Police Department. Sec. 1075.13. Severability. Sec. 1075.14. Operative Date.

Editor's Notes: Section 1075 is codified in Article 16 below. This Code includes two sections designated "1075.1." For the section abolishing the Taxi Commission and entitled "Transfer of Regulatory Authority to Municipal Transportation Agency," see Article 16 below.

Any Event Promoter or Permittee shall cooperate with City officials, including but not limited to the Director and the Commission, in providing access to records or any other information relevant to determining: (a) The Event Promoter's compliance with this Article or with any Order imposed under Sections 1075.5 or 1075.5.1; (b) A Permittee's compliance with this Article; and (c) The Event Promoter's role and involvement in promoting an Event. The purpose of this subsection (c) is to ascertain the Event Promoter's connection, if any, to the risk or actual occurrence of injury to persons, damage to property, or other safety problems associated with an Event. (Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

A Permittee may not have a Person act as an Event Promoter at or in connection with an Event at a Place of Entertainment, Extended- Hours Premises, location of a One Time Event, or Dance Hall unless the Event Promoter is a Registrant. For purposes of this requirement, the Permittee may conclude that an Event Promoter is a Registrant if the Event Promoter is listed online in the system described in Section 1075.2.2(b). In circumstances where the Permittee does not have access to the online system, or where a Registrant is not included in the online system due to the City's delay, failure, or error, the Permittee may conclude that the Event Promoter is a Registrant based on (1) the Event Promoter's possession of a valid Registration Receipt and (2) confirmation from the Director that the Event Promoter is a Registrant. (Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

(a) The definition of Event Promoter does not limit the number of Persons who may qualify as an Event Promoter for a single Event. There can be more than one Event Promoter for a single Event. (b) An Event Promoter may not contract with or otherwise engage another Event Promoter to Hold the same Event unless the other Event Promoter ("Other Event Promoter") is a Registrant. For purposes of this requirement, the Event Promoter may conclude that the Other Event Promoter is a Registrant if the Other Event Promoter is listed online in the system described in Section 1075.2.2(b). In circumstances where the Event Promoter does not have access to the online system, or where the Other Event Promoter is not included in the online system due to the City's delay, failure, or error, the Event Promoter may conclude that the Other Event Promoter is a Registrant based on (1) the Other Event Promoter's possession of a valid Registration Receipt and (2) confirmation from the Director that the Other Event Promoter is a Registrant. (c) An Event Promoter that contracts with or otherwise engages another Event Promoter to Hold the same Event must promptly notify the Permittee that the Other Event Promoter is also Holding the Event. (d) A Permittee's obligation under Section 1075.4 to only use registered Event Promoters for an Event applies to all Event Promoters Holding the Event. (Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

Any Event Promoter who violates Sections 1075.2, 1075.2.1, 1075.2.4, 1075.3, 1075.6, or an Order imposed under Sections 1075.5 or 1075.5.1 shall be subject to administrative penalties as set forth in Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," which is hereby incorporated in its entirety and which shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations. The Director shall impose fines for violation of the aforementioned Sections or Orders as set forth in Section 100.5(a) of the Administrative Code. Each day during which a Section or Order is violated shall be considered a separate violation. (Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

Any Permittee who violates Sections 1075.3, 1075.4, or 1075.5.3 shall be subject to the following sanctions: (a) Permit suspension under Sections 1027, 1060.20 et seq., and 1070.17 et seq. of the Police Code; (b) Permit revocation under Section 1027 of the Police Code and, where applicable, Sections 1060.20.4, 1060.20.5, 1070.20(a)(4), and

1070.20(a)(5) of the Police Code; (c) Criminal penalties under Sections 1027, 1060.25(a), and 1070.24(a) of the Police Code; and (d) Administrative penalties as set forth in Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," which is hereby incorporated in its entirety and which shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations. The Director shall impose fines for violation of this Article as set forth in Section 100.5(a) of the Administrative Code. Each day during which a Section or Order is violated shall be considered a separate violation. (Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

This Article is intended to enhance the City's powers regarding the matters covered in the Article. It is not intended to limit the City's existing powers. By way of example but not limitation: (a) This Article does not limit the duties and responsibilities of Permittees, or the sanctions and penalties that may be imposed against Permittees under Articles 15.1 and 15.2 of the Police Code. Imposition of an Order against an Event Promoter under Section 1075.5 or 1075.5.1 does not absolve a Permittee of responsibility for the safety problems that gave rise to the Order against the Event Promoter. (b) This Article does not limit the City's powers regarding dances and Dance Halls as specified in Sections 1022-1027 of the Police Code. (Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

The Commission may adopt regulations implementing the provisions of this Article. (Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

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. 315-10, File No. 101190, App. 12/21/2010)

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. (Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

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. 315-10, File No. 101190, App. 12/21/2010)

When the online registration system described in Sections 1075.2.2(a) and (b) is operational, the Director shall post a notice to that effect on the Commission's website and shall file a notice to that effect with the Clerk of the Board of Supervisors. This Article shall become operative on its effective date if 30 days have elapsed since the aforementioned posting of the website notice and filing of the notice with the Clerk. Otherwise, this Article shall become operative after its effective date once 30 days have elapsed since the posting of the website notice and filing of the notice with the Clerk. (Added by Ord. 315-10, File No. 101190, App. 12/21/2010)