San Francisco County Municipal Code § 1075.5 Director's Powers Regarding Event Promoters

If an Event Promoter has promoted one or more Events (i) whether or not within the territorial limits of the City, at which the Director determines, in consultation with the Police Department, that there has been a significant risk or actual occurrence of injury to persons, damage to property, or other serious safety problems, or (ii) within the territorial limits of the City, at which the Director determines, in consultation with the Police Department, that there has been an actual occurrence of serious neighborhood disturbance including but not limited to traffic, litter, and noise problems, and if the Director determines, in consultation with the Police Department, that the Event Promoter bears significant responsibility for the risk or actual occurrence referenced in (i) above or the actual occurrence referenced in (ii) above, the Director may issue an Order that: (a) Requires the Event Promoter to report to the Director some or all future Events within the City for which the Event Promoter will be Holding the Event. The report shall be promptly made following the Event Promoter's knowledge that the Event Promoter will be Holding the Event; (b) Requires that enhanced Security Plan requirements shall apply to some or all Permittees that use the Event Promoter to hold an Event; (c) Requires that the Event Promoter hold commercial general liability insurance to cover bodily injury and property damage arising from an Event. The Director's Order shall specify the amount of insurance to be held and other conditions pertaining to the insurance. The Director's Order may extend to insurance for a particular Event or for all Events promoted by the Event Promoter; (d) Requires that the Event Promoter's managers, employees, and other personnel be subject to criminal background checks; and/or (e) Requires that the Event Promoter adhere to other conditions and requirements that are warranted in light of the facts and circumstances giving rise to the Order. (Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

(a) The Director shall send an Order imposed under Section 1075.5 to the Event Promoter electronically and by mail or personal delivery. The Order shall state its date of issuance and its effective date. (b) To provide the Event Promoter an opportunity to appeal, the Director's Order shall not take effect for ten City business days from the date the Order issues. Any Event Promoter directed to comply with the Director's Order may appeal the Director's Order within ten City business days of the date that the Order issues by filing a written request for review with the Secretary of the Commission. The Event Promoter shall not be required to comply with the Director's Order pending the Commission's action on the matter. If the Event Promoter withdraws the appeal, the Director's Order shall take effect immediately upon the withdrawal of the appeal or upon the effective date of the Director's Order, whichever is later. (c) When acting on the appeal, the Commission may affirm, overturn, or modify the Director's Order. (Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

(a) An Order imposed by the Director under Section 1075.5 may, at the Director's discretion, include an expiration date. An Order imposed by the Commission under Section 1075.5.1(c) that modifies the Director's Order may, at the Commission's discretion, include an expiration date. (b) An Event Promoter who is the subject of an Order imposed by the Director under Section 1075.5 may at any time request that the Director lift the Order or shorten its duration. The Director's decision in response to the request shall not be appealable to the Commission. An Event Promoter who is the subject of an Order imposed by the Commission under Section 1075.5.1(c) that modifies the Director's Order

may at any time request that the Commission lift the Order or shorten its duration. The Commission may make a decision in response to the request, or delegate the decision to the Director. (Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

(a) The Director shall include in the online system described in Section 1075.2.2(b) a reference to any Order that is in effect, imposed by the Director under Section 1075.5 or by the Commission under Section 1075.5.1, against an Event Promoter. The Director shall determine the degree of detail pertaining to the Order to be included in the online system. (b) When using an Event Promoter in connection with an Event, Permittees have an obligation to ascertain whether there is an Order in effect, imposed by the Director under Section 1075.5 or by the Commission under Section 1075.5.1, against an Event Promoter that requires enhanced Security Plan requirements for Events to be Held by the Event Promoter or requires the Event Promoter to have commercial general liability insurance in connection with an Event. If a Permittee contracts with or otherwise engages the services of an Event Promoter, the Permittee (in addition to the Event Promoter) has a duty to proceed with the Event in a manner that is consistent with the requirements of the Director's or Commission's Order. (Added by Ord. 315-10, File No. 101190, App. 12/21/2010)