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

PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In undertaking the enforcement of this Article, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added by Ord. 239-09, File No. 080323, App. 11/20/2009)