San Francisco County Municipal Code Art. 31 Regulations for Temporary Heliports and Permit

PROVISIONS

Sec. 3100. Definitions. Sec. 3101. Permit Required. Sec. 3102. Filing. Sec. 3103. Application Form. Sec. 3104. Issuance of Permit. Sec. 3105. Permission to Divert Traffic. Sec. 3106. Suspension or Revocation of Permit. Sec. 3107. Automatic Suspension of Permit. Sec. 3108. Forfeiture of Permit Fee. Sec. 3109. Permit Fees. Sec. 3110. Transfer of Permit. Sec. 3111. Exception for Government Operations. Sec. 3112. Penalty.

SEC. 3100. DEFINITIONS. For the purpose of this Article, the following words and phrases shall mean and include: (a) Helicopter. A rotary wing aircraft which depends principally for its support and motion in the air upon the lift generated by one or more power-driven rotors, rotating on substantially vertical axes. It can hover, fly backward and sideways, in addition to forward flight. (b) Heliport. An area, either at ground level or elevated on a structure, that is used for the landing and take-offs of helicopters, and includes some or all of the various facilities useful to helicopter operations. (c) Off-Heliport Landing Site. A take-off and landing area intended for temporary or occasional helicopter use but not formally designed as a heliport. (Added by Ord. 392-73, App. 10/19/73) SEC. 3101. PERMIT REQUIRED. It shall be unlawful for any person to operate, or cause to be operated, any helicopter to or from any off-heliport landing site, or to or from any property other than a State-approved permanent heliport (except in cases of any emergency situation) within the City and County of San Francisco without first obtaining a permit from the Police Department designating the site and limiting the use. Said permits shall only be valid for a period of time not to exceed thirty days, or a specific job time. (Added by Ord. 392-73, App. 10/19/73) SEC. 3102. FILING. Every person desiring a permit pursuant to this Article shall file an application with the Police Department upon a form provided by said department. (Added by Ord. 392-73, App. 10/19/73) SEC. 3103. APPLICATION FORM. Except as otherwise provided herein, an application for a temporary site permit pursuant to the provisions of this Article shall be made in writing and shall specify: (a) The name and address of the applicant whether a firm, association or corporation. (b) The address of the location for which the permit is required, together with the business name of such location, if any.

(c) A copy of the applicant's application for State Department of Aeronautics approval, or verification of telephone permission by same (to be followed by approval in writing). (d) A copy of a no-objection letter from the Federal Aviation Administration. (e) Written approval of the landing site's landowner or duly authorized agent. (f) Description of the proposed operation, including the exact flight routes, times of operation, load to be lifted and duration of the job time. (g) Certificate of insurance in favor of City providing for public liability and property damage coverage consistent with the requirements of this State's Public Utilities Commission for helicopter operations. Said certificate may be retained in Police Department files for future temporary heliport landing permit requests. Upon receipt of the proper application, the Police Department shall coordinate and obtain the concurrence of all appropriate City departments. The temporary site or sites will be evaluated on the basis of recommended Federal Aviation Administration and State Department of Aeronautics criteria. Any permit issued pursuant to this Article shall have endorsed thereon the exact flight route, time of operation, location of off-helicopter landing site and duration of the job time. (Added by Ord. 392-73, App. 10/19/73) SEC. 3104. ISSUANCE OF PERMIT. The appropriate permit for temporary operations shall be issued and a copy thereof shall be properly forwarded to the State Department of Aeronautics. Every permit which is issued pursuant to this Article shall be conditional pending receipt by the City and County of San Francisco of evidence of approval in writing by the State Department of Aeronautics and no-objection letter from the Federal Aviation Administration and said permit shall not be deemed unconditionally approved until such evidence is received by the Police Department. In the event either or both the Department of Aeronautics and Federal Aviation Administration disapprove permittees' applications, then said permit shall be deemed revoked by operation of law without the requirement of notice by City. This section shall not be construed as authority to operate helicopters to or from off-heliport landing sites within the City and County of San Francisco until the permit granted pursuant to this Article is unconditionally approved. The Chief of Police may further restrict the permit as necessary to protect the interests of the general public. (Added by Ord. 392-73, App. 10/19/73) SEC. 3105. PERMISSION TO DIVERT TRAFFIC. Should the operation of the permittee create a danger to pedestrian or vehicular traffic, the permittee shall apply to the Police Commission pursuant to the provisions of Section 18 of Part II, Chapter XI, of the San Francisco Municipal Code for permission to divert traffic from the area of operation. The diversion of said traffic shall be at the expense of the permittee. No permit shall issue unless and until permission to divert traffic is granted by the Police Commission if in the opinion of the Chief of Police such diversion is necessary to protect the general interests of the public. (Added by Ord. 392-73, App. 10/19/73) SEC. 3106. SUSPENSION OR REVOCATION OF PERMIT. The Police Department may suspend or revoke a permit issued hereunder whenever: (a) There is a violation of any of these sections or of any State or Federal law or regulation pertaining to the operations permitted hereunder. (b) State Department of Aeronautics or Federal Aviation Administration approval of the operations permitted hereunder is suspended or withdrawn for any reason. (c) There has been a material change in circumstances since the granting of the permit which would have precluded issuance of the permit if such changed circumstances had been in existence at the time of the application. (d) Conditions of the permit have been violated.

(Added by Ord. 392-73, App. 10/19/73) SEC. 3107. AUTOMATIC SUSPENSION OF PERMIT. A permit granted pursuant to this Article shall be deemed automatically suspended if the required approval of the permit given by the State Department of Aeronautics or the Federal Aviation Administration is terminated or withdrawn for any reason. Such suspension shall remain in effect until the permittee delivers evidence of reinstatement of the approval of the State Department of Aeronautics and the Federal Aviation Administration to the Police Department. (Added by Ord. 392-73, App. 10/19/73) SEC. 3108. FORFEITURE OF PERMIT FEE. On revocation of the permit, no part of the permit fee shall be returned, but the said fee shall be forfeited to the City and County of San Francisco. (Added by Ord. 392-73, App. 10/19/73) SEC. 3109. PERMIT FEES. The applicant for a permit shall pay a nonrefundable application fee upon application to the San Francisco Police Department. Payment of a license fee shall be made to the Tax Collector of the City and County of San Francisco upon issuance of the permit by the Police Department and shall be a condition thereof. (Amended by Ord. 555-81, App. 11/12/81) SEC. 3110. TRANSFER OF PERMIT. No permit issued hereunder shall be transferable. (Added by Ord. 392-73, App. 10/19/73) SEC. 3111. EXCEPTION FOR GOVERNMENT OPERATIONS. The provisions of this Article shall not apply to helicopters owned or operated by any agency of the City and County of San Francisco, the State of California, or the United States. (Added by Ord. 392-73, App. 10/19/73) SEC. 3112. PENALTY. Any person who knowingly violates any of the provisions of this Article shall be deemed guilty of a misdemeanor and upon conviction such person shall be punished by a fine not to exceed $200. (Added by Ord. 392-73, App. 10/19/73) ARTICLE 32:

REGULATIONS FOR CONDUCTING BINGO GAMES Sec. 3200. Definitions. Sec. 3201. Restrictions Upon the Conducting of Bingo Games. Sec. 3202. Permit Required. Sec. 3203. Filing. Sec. 3204. Application Form. Sec. 3205. Verification of Application. Sec. 3206. Notice of Hearing. Sec. 3207. Issuance of Permit. Sec. 3208. Duration of Permit. Sec. 3209. Amendment of Permit. Sec. 3210. Rules and Regulations by Chief of Police. Sec. 3211. Police-Inspection. Sec. 3212. Requirement to Keep Records. Sec. 3213. Examination of Records. Sec. 3214. Reports to be Filed with Chief of Police. Sec. 3215. Frequency of Filing Reports. Sec. 3216. Forms Prescribed by Chief of Police. Sec. 3217. License Fees. Sec. 3218. Special License. Sec. 3219. Annual License. Sec. 3219.1. Waiver of Fees. Sec. 3220. Suspension and Revocation of Permit. Sec. 3221. Limited Suspension. Sec. 3222. Transfer of Permit. Sec. 3223. Forfeiture of License Fee. Sec. 3224. Penalties. Sec. 3225. Injunction. Sec. 3226. Inapplicability of Other Laws. Sec. 3227. Severability.

SEC. 3200. DEFINITIONS. For the purpose of this Article, the following words and phrases shall mean and include: (a) Bingo. A game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random; including instant bingo cards having numbers or symbols which are pre-marked in such a fashion as to provide a distribution of monetary prizes. Instant bingo games shall consist of the sale and distribution of instant bingo cards from a prepackaged set having winning bingo cards distributed throughout such prepackaged set on a random basis. (b) Bingo Game. A single bingo game. (c) Bingo Games. (1) A series of consecutive single bingo games which are conducted at one location, at one time, during one unbroken time period of six or fewer hours' duration. (2) A series of consecutive single bingo games as described in Subparagraph (1) above which are conducted at separate times. (d) Nonprofit Charitable Organization. Any organization exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701f, 23701g and 23701 l of the Revenue and Taxation Code and by mobile home park associations and senior citizens organizations. (e) Member. An individual who qualified for membership in a nonprofit charitable organization, pursuant to its bylaws, articles of incorporation, charter rules or other written statement. (f) Person. An individual, firm, partnership, joint 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 thereof.

(g) Minor. Any person under the age of 18 years. (Added by Ord. 571-77, App. 12/29/77) SEC. 3201. RESTRICTIONS UPON THE CONDUCTING OF BINGO GAMES. The conducting of bingo games authorized by this Article shall be subject to the following restrictions. (a) Such games shall only be conducted by a nonprofit charitable organization licensed under the provisions of this Article. (b) Such games shall only be conducted for the benefit of a nonprofit charitable organization. (c) A nonprofit charitable organization shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this Subparagraph (c) shall be construed to require that the property owned or leased by such organization be used or leased exclusively by such organization. (d) Each prepackaged set of instant bingo cards must be sold or distributed and the prizes awarded from said set must be distributed within a period of not more than two hours at a location specified in Section 3201(c). (e) A bingo game shall be operated and staffed only by members of the nonprofit charitable organization which organized it. Such members shall not receive a profit, wage or salary from any bingo game. (f) No individual corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold financial interest in the conduct of such bingo game. (g) Nonprofit charitable organizations licensed to conduct bingo games shall comply with the following requirements: (1) Each nonprofit charitable organization which is exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code shall establish a trust account in which all profits derived from bingo games shall be deposited. Such profits shall not be commingled with any other fund or account. The trust account shall be established at an office of a bank located in the City and County of San Francisco and the account number and branch identification of the trust account shall be filed with the Chief of Police of the City and County of San Francisco within 10 days of the establishment thereof. Such profits shall be used only for charitable purposes. (2) Each nonprofit charitable organization as defined in Section 3200(c) herein which is not exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code shall establish a trust account in which all funds derived from bingo games shall be deposited. Such funds shall not be commingled with any other fund or account. The trust account shall be established at an office of a bank located in the City and County of San Francisco and the account number and branch identification of the trust account shall be filed with the Chief of Police of the City and County of San Francisco within 10 days of the establishment thereof. Such funds shall be used only for charitable purposes, except as follows: (A) Such funds may be used for prizes; (B) A portion of such funds, not to exceed 10 percent of the funds after the deduction for prizes, or $500 per month, whichever is less, may be used for rental of property, overhead and administrative expenses. (h) The total value of prizes awarded during the conduct of any bingo game shall not exceed $500 in cash or kind, or both, for each separate game which is held. Monetary prizes for instant bingo games will be not less than 35 percent of all of the fees paid for the purchase of said cards in any given instant bingo game. (i) All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization. (j) No minors shall be allowed to participate in any bingo game. (k) No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted. (l) Any nonprofit charitable organization granted a permit pursuant to this Article which places, publishes or distributes or causes to be placed, published or distributed any advertising matter or announcement of bingo games must include the number of the permit issued to such organization in such advertising matter or announcement. (m) No organization which holds a permit pursuant to this Article shall conduct bingo games as defined in Section 3200(c)(1) for more than six hours on any day. Except as provided by a special permit issued pursuant to Section 3209, no organization which holds a permit pursuant to this Article shall conduct bingo games as defined in Section 3200(c)(2) on more than one day in any calendar week. (Amended by Ord. 270-78, App. 6/9/78; Ord. 185-09, File No. 090419, App. 8/6/2009) SEC. 3202. PERMIT REQUIRED. It shall be unlawful for any person to conduct, or to cause or permit to be conducted, a bingo game in the City and County of San Francisco without first having obtained a permit from the Chief of Police.

(Added by Ord. 571-77, App. 12/29/77) SEC. 3203. FILING. Every person desiring a permit pursuant to this Article shall file an application with the Chief of Police upon a form provided by said Chief of Police and shall pay a filing fee. (Amended by Ord. 555-81, App. 11/12/81) SEC. 3204. APPLICATION FORM. Except as otherwise provided herein, an application for a permit pursuant to the provisions of this Article shall specify: (a) The name and address of the applicant organization. (b) The names and residence addresses of each of its officers. (c) The address of the location or locations at which the applicant intends to conduct bingo games. (d) The days of the week and the time or times when the applicant intends to conduct bingo games. (e) The active member or members of the applicant organization who will supervise the conducting of bingo games. (f) Whether or not the members who will supervise the games have ever been convicted of any crime except misdemeanor traffic violations. (g) Sufficient facts relating to the applicant organization to enable the Chief of Police to determine whether it is a nonprofit charitable organization as defined by this Article. (h) The address to which notice, when required, is to be sent or mailed, and the name and address of a person authorized to accept services of process. (i) Whether the application is for a new permit or for the renewal of an existing permit. (j) Such other information as the Chief of Police may require of an applicant in addition to the other requirements of this Section. (Added by Ord. 571-77, App. 12/29/77) SEC. 3205. VERIFICATION OF APPLICATION. Every application for a permit under this Article shall be verified as provided in the California Code of Civil Procedure for the verification of pleadings. (Added by Ord. 571-77, App. 12/29/77) SEC. 3206. NOTICE OF HEARING. When an application is filed for a new permit under this Article, the Chief of Police shall fix a time and place for a public hearing thereon within 40 days from the date of filing of said application. Not less than 10 days before the date of such hearing, the Chief of Police shall cause to be posted a notice of such hearing in a conspicuous place on the property where the applicant intends to conduct bingo games, and the applicant shall maintain said notice as posted the required number of days. Such notice shall set forth the following: (a) The name of the applicant organization. (b) The days of the week and the time or times when the applicant intends to conduct bingo games. (Added by Ord. 571-77, App. 12/29/77) SEC. 3207. ISSUANCE OF PERMIT.

The Chief of Police shall issue a permit within 14 days following a hearing as provided in Section 3206 herein, based upon his investigation and subsequent to the public hearing provided for above, if he finds: (a) That the operation, as proposed by the applicant, if permitted, would comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire ordinances. (b) That the member or members who will supervise the conducting of the games have not been convicted in a court of competent jurisdiction, by final judgment, of: (i) An offense involving violation of California Penal Code Sections 319 through 337; (ii) An offense involving the use of force and violence upon the person of another that amounts to a felony, or if committed without the State of California would amount to a felony if committed within the State of California; and (iii) An offense involving the use of force and violence upon the person of another provided that such person committed three separate offenses within the past five years. (c) That the applicant has not knowingly made any false, misleading or fraudulent statement of facts in the permit application or any other document required by the Chief of Police in conjunction therewith. (Added by Ord. 571-77, App. 12/29/77) SEC. 3208. DURATION OF PERMIT. The permit shall be effective for not more than one year from the date of issue. (Added by Ord. 571-77, App. 12/29/77) SEC. 3209. AMENDMENT OF PERMIT. Upon special application submitted by an organization which holds a permit pursuant to this Article and upon payment of a fee, the Chief of Police may issue a special permit authorizing bingo games at locations, and on days of the week, and at times other than those set forth in the organization's annual permit; provided, however, that no such special permit may authorize more than 12 additional bingo games as defined in Section 3200(c)(2) to be conducted during that period for which the organization's permit is applicable. (Amended by Ord. 555-81, App. 11/12/81) SEC. 3210. RULES AND REGULATIONS BY CHIEF OF POLICE. The Chief of Police may adopt, after a noticed public hearing, rules and regulations supplemental to this Article and not in conflict therewith. The rules and regulations shall become effective 10 days after adoption by the Chief of Police. (Added by Ord. 571-77, App. 12/29/77) SEC. 3211. POLICE-INSPECTION. The Police Department, in addition to its several other duties, shall inspect any and all establishments which have been licensed pursuant to this Article. (Added by Ord. 571-77, App. 12/29/77) SEC. 3212. REQUIREMENT TO KEEP RECORDS.

Each licensee shall keep records of all bingo games conducted within the previous calendar year. Such records shall include the following information: (a) The number of participants present at each series of bingo games as defined by Section 3200(c)(1); (b) The number of bingo cards and instant bingo cards sold in each price category established therefor for each series of bingo games as defined by Section 3200(c)(1); (c) The amount of prizes awarded during each bingo game as defined by Section 3200(b); (d) The total amount of fees collected for the purchase of bingo cards and instant bingo cards and any admission fees collected for each series of bingo games as defined in Section 3200(c)(1). (e) The total amount of prizes awarded during each series of bingo games as defined in Section 3200(c)(1). (Added by Ord. 571-77, App. 12/29/77) SEC. 3213. EXAMINATION OF RECORDS. Each licensee shall keep all records required by Section 3212 for a period of time not less than one calendar year. The Chief of Police shall have the power to examine or cause to be examined the books and records of any licensed organization so far as they may relate to bingo games and to examine any manager, officer, director, agent, member or employee thereof under oath in relation to the conduct of any such game. Any information so received shall not be disclosed except so far as may be necessary for the purpose of carrying out the provisions of this Article. (Added by Ord. 571-77, App. 12/29/77) SEC. 3214. REPORTS TO BE FILED WITH CHIEF OF POLICE. Every nonprofit charitable organization licensed pursuant to this Article must file with the Chief of Police a report containing: (a) The total amount of money received from the operation of each series of bingo games as defined in Section 3200(c)(1); (b) The total amount paid out in prizes for each bingo game as defined in Section 3200(b); (c) All expenses connected with the operation of each series of bingo games as defined in Section 3200(c)(1); (d) Such other information as the Chief of Police may require in addition to the other requirements of this Section. (Added by Ord. 571-77, App. 12/29/77) SEC. 3215. FREQUENCY OF FILING REPORTS. A report must be filed within 30 days after any bingo game is held, or, if the licensee conducts more than one bingo game each month, the licensee may file the report specified in Section 3215 once every six months. (Added by Ord. 571-77, App. 12/29/77) SEC. 3216. FORMS PRESCRIBED BY CHIEF OF POLICE. The report required by Section 3214 of this Article shall be made on standard forms prescribed and furnished by the Chief of Police. (Added by Ord. 571-77, App. 12/29/77) SEC. 3217. LICENSE FEES.

Every organization granted a bingo game permit by the Chief of Police shall obtain either a special license or an annual license by paying the required license fee to the Tax Collector. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.* (Added by Ord. 571-77, App. 12/29/77; amended by Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012) SEC. 3218. SPECIAL LICENSE. Each organization proposing to conduct 10 bingo games or less a year shall obtain a special license for each bingo game. Said special license shall be valid only for the bingo game specified thereon. The fee for a special license shall be payable at the time of issuance thereof. (Amended by Ord. 555-81, App. 11/12/81) SEC. 3219. ANNUAL LICENSE. Each organization proposing to conduct more than 10 bingo games a year shall obtain an annual license. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.* Any amount paid as a filing fee by the organization pursuant to Section 3203 shall be credited against the fees prescribed in the second paragraph of this Section. (Amended by Ord. 555-81, App. 11/12/81; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)

Nonprofit charitable organizations that are duly certified to be senior citizen organizations by the Commission on the Aging of the City and County of San Francisco shall not be required to pay those fees established by Sections 3203, 3209, 3217, 3218 and 3219 of this Article. (Added by Ord. 269-78, App. 6/9/78) SEC. 3220. SUSPENSION AND REVOCATION OF PERMIT. The Chief of Police shall suspend or revoke any permit issued hereunder, if he finds after a noticed public hearing that any of the following conditions exist: (a) The operation, as conducted by the permittee, does not comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire ordinances; or (b) A member or members who will be supervising the conducting of the games have been convicted in a court of competent jurisdiction, by final judgment, of: (i) An offense involving violation of California Penal Code Sections 319 through 337; (ii) An offense involving the use of force and violence upon the person of another that amounts to a felony, or if committed without the State of California would amount to a felony if committed within the State of California; and (iii) An offense involving the use of force and violence upon the person of another provided that such person committed three separate offenses within the past five years. (c) The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit. (Added by Ord. 571-77, App. 12/29/77) SEC. 3221. LIMITED SUSPENSION.

Any permit issued under the terms of this Article may be suspended for a period of 30 days by the Chief of Police if the Chief of Police determines after a noticed hearing that violation of any provision of this Article has occurred or any applicable building, health, zoning and fire ordinances has occurred. (Added by Ord. 571-77, App. 12/29/77) SEC. 3222. TRANSFER OF PERMIT. No permit issued under the terms of this Article shall be transferable. (Added by Ord. 571-77, App. 12/29/77) SEC. 3223. FORFEITURE OF LICENSE FEE. On revocation of the permit, no part of the annual license fee shall be returned, but the said license fee shall be forfeited to the City and County of San Francisco. (Added by Ord. 571-77, App. 12/29/77) SEC. 3224. PENALTIES. The following penalties shall be imposed for violations of this Article. (a) Any person who receives a profit, wage or salary from any bingo game authorized by this Article shall be guilty of a misdemeanor and upon conviction thereof such person shall be punished by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the City and County of San Francisco. (b) Any person violating any provision of this Article other than set forth in Section 3224(a) shall be guilty of an infraction and upon conviction thereof shall be punished for the first offense by a fine not to exceed $50 and for the second and each additional offense committed within one year from the date of the first offense by a fine not to exceed $500 or by imprisonment in the County Jail for a period not to exceed six months. (Added by Ord. 571-77, App. 12/29/77) SEC. 3225. INJUNCTION. The City and County of San Francisco may bring an action to enjoin the violation of this Article. (Added by Ord. 571-77, App. 12/29/77) SEC. 3226. INAPPLICABILITY OF OTHER LAWS. Articles 3 and 9.6 of Part II of the San Francisco Municipal Code (Police Code) shall not apply to any bingo game conducted within the territorial limits of the City and County of San Francisco pursuant to the provision of this Article. (Added by Ord. 571-77, App. 12/29/77) SEC. 3227. SEVERABILITY. 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, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. (Added by Ord. 571-77, App. 12/29/77)