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Related SF Police Code - Part 2

SEC. 1036. DEFINITIONS.

As used in this Article, the following words shall have the following respective meanings:

"Accessory use" shall mean the operation of one to 10 mechanical amusement devices on premises wherein another business operates.

"Arcade" shall mean any premises where 11 or more mechanical amusement devices are operated.

"Mechanical amusement device" shall mean any machine or device which, upon the insertion of a coin, slug or token in any slot or receptacle attached to said machine or connected therewith, operates or which may be operated for use as a game, contest or amusement or which may be used for any such game, contest or amusement and which does not contain a pay-off device for the return of slugs, money, coins, checks, tokens or merchandise.

"Owner or operator of a mechanical amusement device" shall mean:

(a) Any owner of such mechanical amusement device who operates or permits the same to be played or operated in his place of business or in any place under his control or who installs or maintains the same in any place where the same can be played or operated by persons in or about said place;

(b) The persons in whose place of business any such mechanical amusement device is placed for the use, amusement, patronage or recreation of the public or of persons in or about said place.

"Person" shall mean any corporation, association, syndicate, joint stock company, partnership, club, Massachusetts business or common law trust, society or individual.

"Public retail floor space" shall mean that portion of the premises to which the public is allowed access.

"Street" shall mean any street, alley, way, boulevard, or road, either public or private, that is used or to be used for ingress or egress.

"Video game machine" shall mean any mechanical amusement device, as defined in this Section, which is characterized by the use of cathode ray tube display. (Amended by Ord. 401-82, App. 8/13/82)

SEC. 1036.1. REQUIREMENTS FOR MACHINES.

Every mechanical amusement device shall have a seal or tag permanently attached thereto showing the serial number of the mechanical amusement device, a label or decal stating the name, address and telephone number of the owner of the mechanical amusement device, and, in addition thereto, if wired for electricity, a label indicating the name and address of the manufacturer and the voltage and current necessary for the proper operation of said mechanical amusement device.

Each portable mechanical amusement device wired for electricity shall be equipped with not more than six feet of electric cord of a type approved by the Department of Electricity, and shall be connected to a convenience plug receptacle adjacent to said mechanical amusement device.

Where it is necessary to install electric wiring to said mechanical amusement device location, said wiring shall be installed by a registered electrical contractor in accordance with the provisions of Article 1, Chapter III, Part II, of the San Francisco Municipal Code. (Amended by Ord. 123-86, App. 4/11/86)

SEC. 1036.2. UNLAWFUL ACTS - EXCEPTIONS.

(a) Nothing in Sections 1036 to 1036.34, inclusive, shall be construed to authorize or permit either the use or operation of any gambling device whatsoever or of any mechanism that has been judicially determined to be a gambling device in any way contrary to law, or to authorize or permit any other conduct otherwise unlawful. Nothing in this Section shall preclude an award of a free game or games upon a mechanical amusement device.

(b) It shall be unlawful for any person to install, operate or maintain to be operated any mechanical amusement device in the City and County of San Francisco without first having obtained a permit in writing to do so from the Entertainment Commission.

(c) The provisions of Sections 1036 to 1036.34, inclusive, shall not be construed to apply to mechanical amusement devices installed, operated or maintained in private residences or businesses intended for free use solely by the residents or employees at those locations. (Amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.3. APPLICATION FOR PERMIT.

Application for said permit shall be made to the Entertainment Commission on forms provided by the Entertainment Commission, shall be signed by the applicant and be accompanied by payment of the filing fee and shall contain the following information in addition to whatever additional information is deemed necessary by the Entertainment Commission:

(a) Name of the applicant.

(b) The name and address of any person, other than the applicant, who holds any right, title or interest in or to each mechanical amusement device for which a permit is sought, and in those instances where such person is other than an individual, there shall be filed with the Entertainment Commission and kept available for public inspection, a statement showing, in the case of a partnership, the names and addresses of the partners; in the case of a corporation, the names and addresses of the stockholders and directors and in the case of a business trust, the names of the trustor, trustee, and beneficiary or beneficiaries.

(c) Place where said mechanical amusement device is to be placed, maintained to be operated or operated; and, if said mechanical amusement device or devices are to be placed, maintained to be operated or operated in connection with any other business or calling, the character of said business or calling.

(d) A complete description of the type of the mechanical amusement device and the manner in which it is to be placed, maintained to be operated or operated.

(e) The total number of mechanical amusement devices to be placed, maintained to be operated or operated at the location for which the permit is requested. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.4. NOTICE OF HEARING.

When an application is filed for a new permit or for an increase in the number of mechanical amusement devices pursuant to Section 1036.3 of this Article, the Entertainment Commission shall fix a time and place for a public hearing thereon. Not less than 10 days before the date of such hearing, the Entertainment Commission shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the mechanical amusement devices are to be operated. Such notice shall set forth the specific type of mechanical amusement devices and the number thereof which the applicant intends to operate. The posting shall be the exclusive responsibility of the Entertainment Commission, and the applicant shall maintain said notice as posted until after the date of the hearing. (Amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.5. INVESTIGATIONS.

Upon receipt of said application, the Entertainment Commission shall cause to be investigated the statements as set forth in the application.

Any permit to maintain for operation mechanical amusement devices which are wired for electricity must have been approved by the Department of Public Works prior to its final issuance by the Entertainment Commission. The Director of Public Works shall determine whether the ordinances of the City and County of San Francisco and the rules and regulations of said department pertaining to such mechanical amusement devices are complied with.

The Entertainment Commission may grant a permit for the operation of a mechanical amusement device conditional upon approval of the Director of the Department of Public Works.

Any permit for operation of a mechanical amusement device granted by the Entertainment Commission conditionally upon the approval of the Director of the Department of Public Works may be appealed to the Board of Permit Appeals. Such appeal must be filed within 10 days of the final decision of the Entertainment Commission issuing the conditional permit.

Any permit granted by the Entertainment Commission conditionally upon approval of the Director of the Department of Public Works shall expire within six months from the date of the final decision of the Entertainment Commission if the Director's approval is not granted. The Entertainment Commission shall cause to be forwarded to the Director of Public Works for investigation those applications for permits to maintain for operation mechanical amusement devices which are wired for electricity. (Amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.6. DISAPPROVAL OF APPLICATION - CONDITIONS CORRECTED - APPROVAL.

In the event that the application for a mechanical amusement device permit is disapproved by the Director of Public Works, the Entertainment Commission shall notify the applicant for said permit of such fact. Upon receiving said notice from the Entertainment Commission, the applicant shall have the opportunity of correcting such conditions as have been disapproved. This correction shall be made within 10 days after receipt of said notice; and, if such conditions have been corrected to the satisfaction of the Director of Public Works, the permit may be issued. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.7. ISSUANCE OR DENIAL OF PERMIT.

If the Entertainment Commission approves the granting of said permit he may issue a permit to said applicant, which permit shall be serially numbered and the renewal or continuance thereof shall be governed by the provisions of Section 23, Article 1, Part III, of the San Francisco Municipal Code; provided, if said mechanical amusement device is wired for electricity, said application for such permit shall first be approved by the Director of Public Works. The Entertainment Commission may, in the exercise of sound discretion, deny said permit.

The Entertainment Commission shall cause to be forwarded to the Director of Public Works written notice of his granting or denial of said permit if said mechanical amusement device is wired for electricity. (Added by Ord. 555- 81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.8. CERTAIN MECHANICAL AMUSEMENT DEVICES PROHIBITED.

No permit shall be issued to any applicant relating to any mechanical amusement device, which for each coin, slug or token inserted makes available to the player, for actual play, only one ball or marble, nor shall any permit be issued to any applicant relating to any mechanical amusement device which permits or is adapted to the insertion of more than one coin, slug or token, for the playing of a single complete game; or which permits or is adapted to the insertion of additional coins, slugs or tokens during the playing of or before the completion of the game for which the original coin, slug or token was inserted in said mechanical amusement device. Nothing in this Section is intended to prohibit the insertion of more than one coin for the sole purpose of reaching the amount or price required to play the game, and the insertion of which does not change the odds, grant bonuses, or otherwise affect the method of play or the outcome of the game. (Amended by Ord. 125-85, App. 3/14/85)

SEC. 1036.9. PERMIT FORWARDED TO TAX COLLECTOR, LICENSE FEES.

When any permit is issued under the provisions of this Article, the Entertainment Commission shall cause such permit to be forwarded to the office of the Tax Collector for delivery to the permittee upon the payment of the license fees. (Added by Ord. 555- 81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.10. LICENSE FEES.

Every holder of a mechanical amusement device permit shall pay at the office of the Tax Collector for each separate mechanical amusement device which the permit authorizes, an annual license fee, payable in advance. (Added by Ord. 555-81, App. 11/12/81)

SEC. 1036.11. ELECTRICAL INSPECTION COSTS.

In calculating the fees earned by the Electrical Inspection division of the Department of Public Works pursuant to the provisions of Section 24 of the Charter of the City and County of San Francisco a percentage of the license fees derived pursuant to Section 1036.10 of this Article shall be credited to said division pursuant to the annual determination by the Controller as provided by Section 2.21 of this Code. (Added by Ord. 555-81, App. 11/12/81)

SEC. 1036.12. CONTENTS OF LICENSES.

The Tax Collector shall issue a license for such mechanical amusement device for which the fee was paid, showing thereon the:

(a) Name of the permittee;

(b) Address at which the mechanical amusement device is to be operated or maintained to be operated;

(c) The number of such mechanical amusement devices and the type or kind of game, contest or amusement played thereon;

(d) Serial number of the permit and the expiration date of the license. (Added by Ord. 555-81, App. 11/12/81)

SEC. 1036.13. POSTING LICENSE IN PREMISES.

The license shall be permanently and conspicuously posted at the location of the machines in the premises wherein said mechanical amusement devices are to be operated or maintained to be operated, and shall not be removed from said location during the period for which said license was issued. (Added by Ord. 555-81, App. 11/12/81)

SEC. 1036.14. REMOVAL OR TRANSFER OF LICENSE TO OTHER PREMISES PROHIBITED.

Nothing in Sections 1036 to 1036.34, inclusive, shall permit the removing or transferring of the license to any other premises other than those for which the license was originally issued. (Amended by Ord. 401-82, App. 8/13/82)

SEC. 1036.15. NO PRORATING OR REFUNDING OF LICENSE FEE.

License fees paid under the provisions of Sections 1036.9 shall not be prorated or refunded. (Added by Ord. 555-81, App. 11/12/81)

SEC. 1036.16. LICENSE FEE PAID BY OWNER OR OPERATOR.

When any one of the persons mentioned in subdivisions (a) and (b) of Section 1036 of this Article, which subdivisions define the term "Owner and Operator of a Mechanical Amusement Device," obtains a permit and pays a license fee for the maintenance or operation of said mechanical amusement device, the said permit and license fee shall cover each of the persons mentioned in said subdivisions (a) and (b) of said Section 1036 of this Article. (Added by Ord. 555-81, App. 11/12/81)

SEC. 1036.17. RENEWAL OF LICENSE.

Licenses for mechanical amusement devices shall be renewed as set forth in Sections 2.8 and 2.10 of this Code. (Amended by Ord. 401-82, App. 8/13/82)

SEC. 1036.18. PROCEDURE WHERE NO CURRENT LICENSE.

If any mechanical amusement device is placed, operated or maintained to be operated without a current license, the Chief of Police shall immediately cause same to be impounded and shall not release said mechanical amusement device until a penalty equal to the filing fee for mechanical amusement devices currently in effect plus $25 for each mechanical amusement device impounded has been paid to the Police Department.

Mechanical amusement devices impounded under the provisions of this Section shall be held for a period of 90 days and if not redeemed within such period shall be destroyed or otherwise disposed by the Chief of Police. Mechanical amusement devices impounded under the provisions of this Section and subsequently released as set forth in this Section shall not be placed, operated or maintained to be operated without obtaining a mechanical amusement device permit and paying the current license fee. (Amended by Ord. 401-82, App. 8/13/82)

SEC. 1036.19. SUSPENSION, REVOCATION OR REINSTATEMENT OF A PERMIT, PROCEDURE FOR.

When the Entertainment Commission shall determine that the permittee or any of the permittee's servants, agents or employees, in the use, operation or maintenance of any such mechanical amusement device or in the use, operation or maintenance of the premises is violating or attempting to violate any law of the State of California or any ordinance of the City and County of San Francisco or the rules and regulations of any department thereof concerned or that the permittee has failed to take adequate security measures to prevent patrons, on or about the premises, from violating any of the above laws; or, if in the opinion of the Entertainment Commission, it is deemed necessary for the protection of the health, safety and welfare of the public, the Entertainment Commission, after written notice to the permittee, shall have the power to suspend and, after due and proper hearing, shall have the power to revoke, any permit issued under the provisions of Sections 1036 to 1036.34, inclusive.

The Entertainment Commission shall cause to be forwarded to the Tax Collector, and, if said mechanical amusement device is wired for electricity, to the Director of Public Works, written notice of any revocation, suspension or reinstatement of any permit herein provided for. (Amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.20. RULES AND REGULATIONS TO BE ADOPTED.

The Chief of Police, Entertainment Commission and the Director of Public Works, after public hearing thereon, are authorized to adopt, promulgate and enforce such rules and regulations regarding mechanical amusement devices as will enable the Police Department, Entertainment Commission and the Department of Public Works to enforce and carry out the meaning and intent of Sections 1036 to 1036.34, inclusive, of this Article. (Amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.21. ASCERTAINMENT OF COMPLIANCE WITH ALL LAWS, ETC. - INSPECTION THEREFOR.

It shall be the duty of the Chief of Police to ascertain that all laws of the State of California, the provisions of Sections 1036 to 1036.34, inclusive, all ordinances of the City and County of San Francisco, and the rules and regulations of any departments thereof concerned, pertaining to mechanical amusement devices are strictly complied with, and for that purpose therepresentatives of the Police Department, and, if said mechanical amusement device is wired for electricity, the representatives of the Department of Public Works, shall have access to any mechanical amusement device at any and all times, and the same shall be inspected by each of said departments as often as may be deemed necessary. (Amended by Ord. 401-82, App. 8/13/82)

SEC. 1036.22. WHEN DEEMED A PUBLIC NUISANCE - PROCEDURE THEREON.

Any mechanical amusement device operated or maintained to be operated in violation of any law of the State of California or of Sections 1036 to 1036.34, inclusive, of this Article or any ordinances of the City and County of San Francisco or the rules and regulations of any state or municipal departments thereof concerned shall be deemed to be a public nuisance, and any such mechanical amusement device so operated or maintained to be operated shall be impounded by the Chief of Police; and, if any court of competent jurisdiction shall determine that said mechanical amusement device, or the use or operation thereof, violates or has violated any of said laws, ordinances, rules or regulations, said mechanical amusement device shall be confiscated by said Chief of Police; but, if said mechanical amusement device is one which may be legally operated under the provisions of Sections 1036 to 1036.34, inclusive, of this Article and is seized for the failure of the owner or operator thereof to obtain the necessary permit or to pay the necessary license fee for the maintenance or operation of said mechanical amusement device, said mechanical amusement device shall be dealt with as provided in Section 1036.18 of this Article. (Amended by Ord. 401-82, App. 8/13/82)

SEC. 1036.23. MACHINES EXCEPTED FROM PROVISION HEREOF.

The provisions of Sections 1036 to 1036.34, inclusive, shall not apply to any machine or mechanical amusement device which, in return for the coin deposited in said mechanical amusement device, will deliver the equivalent value of said coin in merchandise; provided, that no prize, reward, bonus or other thing of value is delivered with said merchandise. (Amended by Ord. 401-82, App. 8/13/82)

SEC. 1036.24. PENALTIES.

Any person violating any of the provisions of Sections 1036 to 1036.34, inclusive, shall be guilty of a misdemeanor and, in addition to such other penalties as are provided by law, shall have his permit or permits revoked by the Entertainment Commission and shall be precluded from procuring any further permits for a mechanical amusement device. When, in the opinion of the Entertainment Commission, any mechanical amusement device is being used or operated in violation of any section of any article relating to the operation of mechanical amusement devices, the Entertainment Commission shall in its discretion have the power to revoke the permit for such mechanical amusement device. Any person who knowingly and willingly furnishes a mechanical amusement device to any permittee, which device violates any of the provisions of Sections 1036 to 1036.34, inclusive, of this Article shall henceforth in the discretion of the Entertainment Commission be precluded from furnishing any mechanical amusement device or devices to any permittee in the City and County of San Francisco. (Amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.25. PERMIT AND LICENSE REQUIRED NOTWITHSTANDING ANY OTHER PROVISION OF CODE.

The issuance of a permit orlicense under the provisions of Sections 1036 to 1036.34, inclusive, shall not exempt the permittee or licensee, notwithstanding any section of the San Francisco Municipal Code or any section of any ordinance of the City and County of San Francisco making any section or sections thereof inapplicable, from the provisions of the San Francisco Municipal Code or any ordinance or ordinances of the City and County of San Francisco requiring a permit or license. (Amended by Ord. 401-82, App. 8/13/82)

SEC. 1036.26. PARTIAL REPEAL.

Any and all ordinances, or parts thereof, in conflict with the provisions of Sections 1036 to 1036.34, inclusive, are hereby repealed but only to such extent as conflict may exist. (Amended by Ord. 401-82, App. 8/13/82)

SEC. 1036.28. SAVING CLAUSE - NONWAIVER OF DEBTS DUE AND UNPAID.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of Sections 1036 to 1036.34, inclusive, is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of Sections 1036 to 1036.34, inclusive. The Board of Supervisors hereby declares that it would have passed Sections 1036 to 1036.34, inclusive, and each section, subsection, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional.

The enactment of Sections 1036 to 1036.34, inclusive, shall not in any manner be construed as a waiver of any license or permit fees or any other fees or money due and unpaid under the provisions of any section of the San Francisco Municipal Code or any ordinance of the City and County of San Francisco. (Amended by Ord. 401-82, App. 8/13/82)

SEC. 1036.29. BILLIARD AND POOL TABLES EXCEPTED.

Sections 1036 through 1036.34, inclusive, of this code shall not apply to coin-operated billiard, pool or combination tables. All such tables are subject to the licensing provisions of this Code in accordance with Sections 1037 to 1037.3, inclusive, and Sections 510 and 510.1. (Amended by Ord. 401-82, App. 8/13/82)

SEC. 1036.30. PURPOSE AND FINDINGS.

The Board of Supervisors of the City and County of San Francisco hereby finds and declares as follows:

(a) The number of video game machines is rapidly increasing in the City and County of San Francisco. Between January 1, 1982 and March 31, 1982, the Police Department issued 81 permits for mechanical amusement devices covering a total of 493 machines, approximately 90 percent of which were video game machines. Currently, there are approximately 48 applications pending for mechanical amusement device permits for an additional 178 video game machines.

(b) As the number of video game machines has increased, public concern has grown with respect to the location of these machines, the number of machines permitted at any given location, creation of street and sidewalk congestion where these machines are concentrated, accessibility to the machines by minors during school hours, and the occurrence of public disturbances and petty crimes in the vicinity of these machines.

(c) It is hereby declared to be the policy of the Board of Supervisors to regulate reasonable and orderly public access for patrons wishing to play video game machines, while at the same time protecting the health, safety and welfare of the general public, both on the premises and in the vicinity of the premises where video games are located. (Added by Ord. 401-81, App. 8/13/82)

SEC. 1036.31. MECHANICAL AMUSEMENT DEVICES; LOCATION.

(a) Prohibited. It shall be unlawful for any owner or operator of a mechanical amusement device to cause, permit or allow same to be located, operated or maintained to be operated, and the Entertainment Commission may not issue a permit for said devices, in the following areas:

(1) Within a building which has a public entrance which is located within 300 feet of the nearest street entrance to or exit from any public playground or public or private school of elementary or high school grades; said 300 feet to be measured from said entrance or exit in the most direct line or route which may be walked, legally or not, on, along or across said street or streets adjacent said public playground or public or private school of elementary or high school grades; provided, however, that this Section is not intended to prevent the placement of mechanical amusement devices on the premises of public or private schools of elementary or high school grades.

(2) Within any area of the City and County of San Francisco zoned exclusively for residential use, as defined in Part II, Chapter II (City Planning Code) of the Municipal Code.

(3) In any service station or automobile repair garage in areas zoned for neighborhood-commercial or community business use as defined in Part II, Chapter II (City Planning Code) of the Municipal Code.

(b) One Through Ten Mechanical Amusement Devices Allowed. Subject to the permit requirements set forth above in Section 1036.3 and except where prohibited by Subsection (a), an owner or operator of a mechanical amusement device or devices may cause, permit or allow same to be located, operated or maintained to be operated within any area of the City and County of San Francisco as an Accessory Use subject to the restrictions of this subsection:

The maximum number of mechanical amusement devices allowed in each premises shall be determined by the number of square feet of enclosed public retail floor space on a single floor under a single management as follows:

Square Feet

Maximum Number of MADs

0-300

0

301-1000

2

1001-1500

3

1501-2000

4

2001-2500

5

2501-3000

6

3001-3500

7

3501-4000

8

4001-4500

9

4501 or more

10

(c) Eleven or More Mechanical Amusement Devices Allowed. Subject to the permit requirements set forth above in Section 1036.3, the owner or operator of mechanical amusement devices may operate an arcade except in those areas prohibited in Subsection (a) and in those areas zoned exclusively for neighborhood- commercial or community business use.

(d) Exceptions. The limitations and restrictions set forth in Subsections (a) and (b) above, shall not apply in the following instances:

(1) Where the application is for mechanical amusement devices in an industrial zone or in the area bounded on the west by Van Ness Avenue, on the south by North Point Street and on the east and north by San Francisco Bay, or in such similar areas as may be designated by resolution of the Board of Supervisors from time to time.

(2) Where a public or private school requests authorization from the Entertainment Commission for a permit to place mechanical amusement devices on premises under the jurisdiction of said public or private school and intended for the use of students and staff of said school.

(3) Premises upon which the California Department of Alcoholic Beverage Control has authorized on-sale consumption of alcoholic beverages, provided that the premises or operations may not lawfully allow minors thereon.

(4) Bowling alleys, except that there shall be no more than two mechanical amusement devices for each bowling lane. The mechanical amusement devices in bowling alleys shall not be separately accessible from the street.

(5) Billiard Parlors.

(6) Tourist hotels of more than 25 guest rooms; provided, however, that the mechanical amusement devices be intended for use of guests only and provided further that the mechanical amusement devices be neither accessible to the public except by passing the front desk nor visible from the street.

(7) Theaters, both for performing arts and movies; provided, however, that the mechanical amusement devices be located in an area in which only patrons who have paid admission are allowed, and that all provisions in the Fire Code respecting the placement of machines be met.

(8) Churches, schools, hospitals, convalescent and nursing homes and nonprofit community centers (e.g. YMCA); provided, however, that the use of such machines be incidental and subordinate to the primary purpose of the institution. (Added by Ord. 401-82, App. 8/13/82; amended by Ord. 240-93, App. 8/4/93; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.31-1. ARCADE LOCATION; LIMITATION.

Notwithstanding the provisions of Section 1036.31, it shall be unlawful for any owner or operator of an arcade to cause, permit or allow same to be located, operated or maintained to be operated, and the Entertainment Commission may not issue a permit for said arcade, within a building which has a public entrance which is located within 1500 feet of the nearest public entrance to or exit from any arcade which has a valid permit. Said 1500 feet shall be measured from said entrance or exit in the most direct route which may be walked, legally or not, on, along or across the street, streets or public right-of-ways adjacent to said arcade. (Added by Ord. 401-82, App. 8/13/82; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.32. ARCADES - OPERATING STANDARDS.

The following standards and regulations shall apply to the operation and maintenance of arcades in the City and County of San Francisco.

(a) All mechanical amusement devices within the premises shall be visible to and supervised by an adult attendant or attendants, age 18 years or older. Said attendant(s) shall be present at all times when the arcade is open to the public.

(b) The supervision of the patrons on and about the premises shall be adequate to protect public against conduct of patrons that is detrimental to the public health, safety, and general welfare.

(c) The permit holder shall be responsible for ensuring that persons under the age of 18 years not be allowed to operate mechanical amusement devices during the school year from the day after Labor Day to Memorial Day, Monday through Friday, except legal holidays, between the hours of 7:00 a.m. and 3:00 p.m., or between the hours of 10:00 p.m. and 7:00 a.m. on all days preceding school days and between 11:00 p.m. and 7:00 a.m. on all other days unless accompanied by an authorized agent of the School District, parent or legal guardian; provided, however, that premises which have mechanical amusement devices as provided under Section 1036.31(d), Subparagraphs 3, 4, 5, 6, 7 and 8 are exempted from the provisions of this subsection.

(d) Establishments dispensing food services shall provide adequate waste receptacles, which shall be conveniently located in the vicinity of the mechanical amusement devices; arcade premises shall be adequately ventilated and illuminated.

(e) The permit holder shall comply with security lighting requirements, token-use requirements and such other reasonable requirements determined by the Entertainment Commission to be necessary to minimize danger to the community resulting from the operation of the arcade. These requirements shall be set forth in the permit or, in the event circumstances alter, by appropriate amendment to the permit.

(f) An arcade may have no more than one mechanical amusement device per 30 square feet of public retail floor space.

(g) As a condition for obtaining a permit for mechanical amusement devices, the applicant shall be required to provide a master switch or switches, readily accessible to the permit holder, employees or agent of the permit holder and the Police Department, that can immediately turn off all mechanical amusement devices in the arcade. The permit shall also specify that the applicant consents to and authorizes the Police Department to turn off all mechanical amusement devices for a period of up to six hours at any time there is a clear and present danger to the public safety. (Added by Ord. 401-82, App. 8/13/82; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.33. ACCESSORY USES - OPERATING STANDARDS.

The following standards and regulations shall apply to the operation and maintenance of all premises containing mechanical amusement devices except those premises regulated under Section 1036.32 of this Code:

(a) Mechanical amusement devices shall be located in the main body of the premises, not separated therefrom by any wall or partition.

(b) The supervision of the patrons on the premises shall be adequate to ensure that there be no conduct that is detrimental to the public health, safety, and general welfare. Where there are five or more mechanical amusement deviceswithin the premises, all mechanical amusement devices within said premises shall be visible to and supervised by an adult attendant or attendants, age 18 years or older. Said attendant(s) shall be present at all times when any mechanical amusement device is being operated.

(c) The permit holder shall comply with such reasonable requirements as determined by the Entertainment Commission to be necessary to minimize danger to the community resulting from the operation of the mechanical amusement devices. These requirements shall be set forth in the permit or, in the event circumstances alter, by appropriate amendment to the permit.

(d) The permit holder shall be responsible for ensuring that mechanical amusement devices be kept turned off during the school year from the day after Labor Day to Memorial Day, Monday through Friday, except legal holidays, between the hours of 7:00 a.m. and 3:00 p.m., and between the hours of 10:00 p.m. and 7:00 a.m. on all days preceding school days and between 11:00 p.m. and 7:00 a.m. on all other days; provided, however, that premises which have mechanical amusement devices as provided under Section 1036.31(d), subparagraphs 3, 4, 5, 6, 7 and 8 be exempted from the provisions of this subsection.

(e) Establishments dispensing food services shall provide adequate waste receptacles which shall be conveniently located in the vicinity of the mechanical amusement devices. (Added by Ord. 401-82, App. 8/13/82; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.34. EXCEPTION TO REQUIREMENTS.

Notwithstanding the provisions of Section 1036.31 and 1036.31-1, any person who possesses a valid permit heretofore issued by the Chief of Police for the ownership, operation and maintenance of mechanical amusement devices in accordance with the provisions of Sections 1036 to 1036.29, inclusive, may operate those mechanical amusement devices included in said permit upon the premises for which said permit to operate was issued until the expiration, revocation or suspension of said permit without obtaining a new permit; provided, however, that the permit holder comply with the requirements of Sections 1036 to 1036.33, excluding Sections 1036.31 and 1036.31-1, from the effective date of this Section; provided further that said permit may not be transferred. The operating standards set forth in Section 1036.33 of this Article shall apply to the operation and maintenance of all premises containing mechanical amusement devices in those areas zoned exclusively for neighborhood-commercial or community business use, regardless of the number of mechanical amusement devices on the premises. (Added by Ord. 401-82, App. 8/13/82)

SEC. 1036.35. EXEMPTION.

Notwithstanding any provisions of Sections 1036 to 1036.34, inclusive, to the contrary, the Recreation and Park Commission of the City and County of San Francisco shall have exclusive jurisdiction to determine whether and under what conditions mechanical amusement devices may be placed on property under its jurisdiction. (Added by Ord. 401-82, App. 8/13/82)

SEC. 1037. BILLIARD AND POOL TABLES.

No person, firm or corporation shall engage in business under the provisions of this Section without first obtaining from the Entertainment Commission a permit to maintain and charge for the use of such billiard or pool or combination tables; such permits shall be issued annually,and may be revoked for cause at any time by the Entertainment Commission, and upon the revocation of such permit such license issued thereon shall immediately terminate and expire, and the Tax Collector shall not issue any license under the provisions of this Section unless the applicant therefor shall have first obtained a permit from the Entertainment Commission. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1037.1. FILING FEE APPLICATION.

Applications for billiard or pool table permits shall be filed with the Entertainment Commission on a form provided for said permit together with a nonrefundable fee. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1037.2. LICENSE FEE.

Every person, firm or corporation owning, leasing or maintaining any billiard table, pool table, or combination table, for the use of patrons of any place of business, shall pay a license fee for the first such table and additional license fee for each additional such table in any such place of business. (Added by Ord. 555-81, App. 11/12/81)

SEC. 1037.3. PERMIT AND LICENSE NOT EXEMPT FROM ANY OTHER PROVISION OF CODE.

The issuance of a permit or license under the provisions of Sections 1037 to 1037.2, inclusive, shall not exempt the permittee or licensee from any other provisions of the San Francisco Municipal Code or any ordinances of the City and County of San Francisco requiring a permit or license or otherwise regulating the use or maintenance of billiard or pool tables. (Added by Ord. 555-81, App. 11/12/81)

SEC. 1045. MECHANICAL CONTRIVANCES AND OTHER AMUSEMENTS.

It shall be unlawful for any person, firm or corporation to maintain or conduct any of the following amusements without first having obtained a permit for said amusement from the Entertainment Commission:

(a) Any public roller or ice skating rink;

(b) Any revolving wheel, chute, toboggan slide, merry-go-round, swing or other mechanical contrivance where a fee or sum of money is charged to carry any person thereon;

(c) Any museum or any collection of machines operated for the entertainment or amusement of the public, where an admission fee is charged; provided, however, that permits for museums shall not be required under this Section from any museum maintained or conducted by a federal, state or local entity or any corporation or foundation which is exempt from income taxes under Section 501(c)(3) of the Internal Revenue Code. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1045.1. FILING FEE.

Every person desiring a permit pursuant to Section 1045 of this Article shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and shall pay a filing fee. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1045.2. LICENSE.

Every person, firm or corporation maintaining or conducting any amusement for which a permit is required by Section 1045 of this Article shall pay a license fee.

The Tax Collector shall not issue a license under the provisions of this Section, unless the applicant therefor shall have first obtained from the Entertainment Commission a permit to conduct such amusement.

Such permits shall be issued annually, and may be revoked at any time by the Entertainment Commission, and upon the revocation of such permit such license issued thereon shall immediately terminate and expire. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1045.3. APPLICATION AND POSTING.

The application for mechanical contrivances and other amusements shall be filed in sufficient time to allow the Entertainment Commission to notice and fix the time and place for a public hearing on the application. Not less than 10 days before such hearing, the Entertainment Commission shall cause a notice of such hearing to be posted in one or more conspicuous place(s) on or about the property where the mechanical contrivances and other amusements are to be operated, in a fashion designed to inform the public of the application. Failure to apply in sufficient time for a noticed hearing to be held may be cause for the Entertainment Commission to deny issuance of a permit. (Amended by Ord. 584-81, App. 12/10/81; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1045.4. EXCEPTIONS.

The provisions of Sections 1045 to 1045.4, inclusive, shall not apply to any person, firm or corporation who is required to obtain a permit for the same amusement pursuant to Sections 1015 to 1018, inclusive, or Sections 1031 to 1034, inclusive, of this Article. (Added by Ord. 555-81, App. 11/12/81)

SEC. 1050. RECREATIONAL EQUIPMENT VENDOR DEFINED.

Unless the context specifically indicates otherwise, the term "recreational equipment vendor" as used in this chapter shall mean or include all persons, firms,corporations, clubs or associations which rent, sell, lease, loan or otherwise make available recreational equipment to the public. (Added by Ord. 307-79: App. 6/29/79)

SEC. 1051. PERMIT REQUIRED.

It shall be unlawful for any recreational equipment vendor to rent, sell, lease, loan or otherwise make available recreational equipment to the public from a truck, cart or otherwise movable vehicle located on a public street or other public property without first having obtained a permit from the Entertainment Commission. (Added by Ord. 307-79, App. 6/29/79; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1052. APPLICATION FOR PERMIT.

Applications for said permit shall be made in writing to the Entertainment Commission and shall be made in such form and shall contain such information as the Entertainment Commission shall require, including proof of liability insurance in an amount of $1 million, naming the City and County of San Francisco and its officers and employees as an additional insured, and an agreement to hold the City and County of San Francisco harmless from any liability arising out of the vending and use of recreational equipment. In granting or denying a permit, the Entertainment Commission shall give particular consideration to the peace, order, health, safety and welfare of the public and on the business reputation of the vendor; provided, that each application be made for a single city street and block and that at no time will a permit be issued to more than one recreational equipment vendor for the same street and block. No more than one permit shall be issued to any person, firm, corporation, partnership, club, association, or group of any kind.

Upon application for a recreational equipment vendor permit, the Entertainment Commission shall set a time, date and place for a public hearing thereon and shall cause a notice thereof to be conspicuously posted on all available utility and light poles on the street and block for which the permit is requested not less than 20 days before the date set for public hearing. The notice shall set forth the name of the applicant, the purpose for which the application is made, and the time, date, and place of public hearing on the application.

Each applicant for a permit shall pay to the Entertainment Commission a nonrefundable application fee payable in advance. (Amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1053. LICENSE FEES.

Every person granted a recreational equipment vendor permit by the Entertainment Commission shall pay to the Tax Collector an annual license fee, payable in advance. The permit shall be nontransferable.

The license fee prescribed in this Section is due and payable on a calendar year basis, starting January 1st of each year. Fees for new permits issued after the first day of January of a particular year shall be prorated with regard to the calendar year on a monthly basis. (Amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1054. REGULATIONS.

(a) Hours. Recreational equipment can only be rented, sold, leased, loaned or otherwise made available to the public between sunrise and sunset of any given day. The trucks, carts or otherwise movable vehicles used by recreational equipment vendors may be parked or positioned for one-half hour before sunrise until one-half hour after sunset.

(b) Location. Once a recreational equipment vendor has positioned his vehicle and has transacted his first business of the day, he cannot reposition his vehicle except in the case of an emergency or when ordered to do so by an on-duty police officer or fireman. However, if he is parked in a restricted parking area, he must obey the time limits or other restrictions provided by the San Francisco Traffic Code or by the California Vehicle Code, except that he is exempt from the provisions of Traffic Code Section 63 as provided therein.

(c) Equipment. No recreational equipment vendor shall have available for vending more than 400 items of recreational equipment or if the item is commonly rented in pairs (such as roller skates) 400 pairs of such them; provided, however, that safety equipment related to the use of said item is not included in this limit. Every recreational equipment vendor shall certify that the equipment with which he deals is in good condition and is safe for the use for which it was intended.

(d) Attended Vehicles. At no time between sunset of one day and sunrise of the next day shall the vehicle used by any recreational equipment vendor in the conduct of his business be left unattended on the public streets of San Francisco.

(e) Limitation on Location. Recreational equipment cannot be rented, sold, leased, loaned or otherwise made available to the public on a public street or sidewalk in an RH-1 (D), RH-1, RH-1 (S), RH-2, RH- 3, RM-1, RM-2, RM-3, RM-4, RC-1, RC-2, RC-3 or RC-4 Use District or adjacent to a park within the City and County of San Francisco.

(f) Further Regulations and Rules. The Entertainment Commission shall have the authority to adopt further rules and regulations as required. (Amended by Ord. 352-80, App. 7/3/80; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1055. PENALTY.

Any person who shall violate any of the provisions of Sections 1050 to and including 1054 of this Chapter shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine of not less than $100 and not more than $500, or by imprisonment in the jail of the City and County for a term of not more than six months or by both such fine and imprisonment.

In the alternative any violations of Sections 1050 to and including 1054 of this Chapter by a permittee hereunder shall be deemed to be disorderly and improper conduct as that term is used in Section 3.537 of the Charter of the City and County of San Francisco, and the Entertainment Commission may, after hearing, revoke said permittee's permit pursuant to Section 3.537 of said Charter; or, in lieu thereof, may, after hearing, suspend said permit for such length of time as he deems proper. (Added by Ord. 307-79, App. 6/29/79; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

Article 15.1 ENTERTAINMENT REGULATIONS
PERMIT AND LICENSE PROVISIONS

SEC. 1060. DEFINITIONS.

For the purpose of this Article, the following words and phrases shall mean and include:

(a) "Place of Entertainment." Every premises to which patrons or members are admitted which serves food, beverages, or food and beverages, including but not limited to alcoholic beverages, for consumption on the premises and wherein entertainment as defined in Subsections (b), (c), or (e) is furnished or occurs upon the premises.

(b) "Entertainment." Any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted or participated in by any professional entertainer in or upon any premises to which patrons or members are admitted.

"Entertainment," in addition, is defined to mean and include the playing upon or use by any professional entertainer of any instrument that is capable of or can be used to produce musical sounds or percussion sounds, including but not limited to,reed, brass, percussion or string-like instruments, or recorded music presented by a live disc jockey on the premises.

(c) "Entertainment," Continued. "Entertainment" also includes a fashion or style show in which the models are professional entertainers, except when conducted by a bona fide nonprofit club or organization as a part of the social activities of such club or organization, and when conducted solely as a fundraising activity for charitable purposes.

(d) "Professional Entertainer." A person who is compensated for his or her performance.

(e) "Entertainment," Continued; Exhibition of Human Body. "Entertainment" also includes 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.

(f) "Person." Any person, individual, firm, partnership, joint venture, 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) "Operator." Any person operating a place of entertainment in the City and County of San Francisco, including, but not limited to, the owner or proprietor of such premises, lessee, sublessee, mortgagee in possession, permittee or any other person operating such place of entertainment or amusement.

(h) "Bona Fide Nonprofit Club or Organization." Any fraternal, charitable, religious or benevolent, or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political and civic welfare, to which admission is limited to members and guests and revenue accruing therefrom shall be used exclusively for the benevolent purposes of said organization and which 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.

(i) "Admission Charge." Any charge for the right or privilege to enter any place of entertainment including a minimum service charge, a cover charge or a charge made for the use of seats and tables, reserved or otherwise.

(j) "Tax Collector." Tax Collector of the City and County of San Francisco. (Amended by Ord. 42- 83, App. 2/4/83; Ord. 325-91, App. 9/4/91; Ord. 165-93, App. 5/28/93)

SEC. 1060.1. PERMIT REQUIRED.

It shall be unlawful for any person to own, conduct, operate, maintain or to participate therein, or to cause or permit to be conducted, operated or maintained, any place of entertainment in the City and County of San Francisco without first having obtained a permit from the Entertainment Commission.

Any place or premises where a permit to operate is sought must conform to all existing health, safety, zoning and fire ordinances of the City and County of San Francisco, and must have a valid public eating place permit from the Department of Public Health. The Entertainment Commission may issue a permit under this Section conditional upon the applicant receiving the other required permits.

Any permit granted by the Entertainment Commission conditional upon the applicant receiving other required permits may be appealed to the Board of Permit Appeals. Such appeal must be filed within ten (10) days of the final decision of the Entertainment Commission issuing the conditional permit.

Any conditional permit granted by the Entertainment Commission will expire nine (9) months from the date of the final decision of the Entertainment Commission, if all the other required permits have not been received. (Amended by Ord. 284-80, App. 6/17/80; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1060.2. FILING.

Every person desiring a permit pursuant to this Article shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and shall pay a filing fee. (Amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1060.3. APPLICATION FORM.

Operators under any permit issued pursuant to this Article shall be limited to the terms of the application. Except as otherwise provided herein, an application for a permit pursuant to the provisions of this Article shall specify:

(a) The address of the location for which the permit is required, together with the business name of such location.

(b) The name and proposed business address of the applicant. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation; and the applicant shall also set forth the date and place of incorporation; the names and residence addresses of each of the officers, directors, and each stockholder owning more than 10 percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Section pertaining to a corporate applicant apply.

(c) Whether or not the applicant or any officer or director or member of applicant, as the case may be, has ever been convicted of any crime except misdemeanor traffic violations. In addition to the foregoing, any corporate applicant shall state whether or not any stockholder owning more than 10 percent of the stock of such corporation has ever been convicted of any crime except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the name of the person so convicted, the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as the result of said conviction.

(d) The names and addresses of the persons who have authority or control over the place for which the permit is requested and a brief statement of the nature and extent of such authority and control.

(e) Such information pertinent to the operation of the proposed activity, including information as to management, authority control, financial agreements, and lease arrangements, that is reasonably related to the factual determinations this ordinance empowers the Entertainment Commission to make in reviewing and acting upon permit applications as the Entertainment Commission may require of an applicant in addition to the other requirements of this Section. The foregoing examples are in explanation of and not in limitation of the information which the Entertainment Commission may require.

(f) A business plan for the proposed place of entertainment, specifying the days and hours of operation, the number of patrons, the numbers of employees and their duties, the identity of the manager or managers who shall be on premises during all hours of operation, the types or classes of entertainment (in terms of the types of instruments, numbers of performers and sound levels) to be provided, and the amount of parking, both on-site and off-site, to be provided. If sound amplification is to be used, the plan shall also include a specific description of the amplification system.

(g) The address to which notice, when required, is to be sent or mailed, and the name and address of a person authorized to accept service of process, if not otherwise set forth herein.

(h) Whether the application is for a new permit or for the renewal of an existing permit.

(i) The Entertainment Commission may require further information as it deems necessary. (Added by Ord. 140-70, App. 4/28/70; amended Ord. 325-91, App. 9/4/91; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1060.4. 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. 140-70, App. 4/28/70)

SEC. 1060.5. DETERMINATION OF APPLICATION.

(a) When an application is filed for a new permit under this Article, the Entertainment Commission shall fix a time and place for a public hearing thereon to determine whether issuance of the permit would result in any of the conditions set forth in Subsection (e). The hearing must be held within 45 working days of the date the completed application is received.

(b) At the time of filing of an application, the applicant shall notify the Entertainment Commission of any outstanding requests for permits or approvals from other City departments relating to the premises of the proposed place of entertainment. The Entertainment Commission shall notify those departments of the filing of the application. Those departments shall complete all necessary inspections and report their determinations to the Entertainment Commission within 20 working days of the filing of the application.

(c) Not less than 30 days before the date of such hearing, the Entertainment Commission shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed place of entertainment is to be operated. Such notice shall set forth the specific type of entertainment which the applicant intends to conduct. Such posting of notice shall be carried out by the Entertainment Commission, and the applicant shall maintain said notice as posted the required number of days. Notice of such hearing shall be mailed by the Chief of Police at least 30 days prior to the date of such hearing to any person who has filed a written request for such notice.

(d) At the hearing, the applicant and any other interested party, including the Police Department or any other public agency, shall be allowed to introduce evidence and present argument. The Entertainment Commission shall make a final decision upon the application at a public hearing, and shall notify the applicant, and any other interested party who has made a written request, of the final decision by first class mail.

(e) No time limit shall commence running until the submission of a completed application. Upon the applicant's request, the Entertainment Commission shall continue the hearing to allow the applicant opportunity to comply with the requirements of this Article or any other state or local law. Upon the applicant's request, the Entertainment Commission shall also issue a conditional approval of the permit application, pending approval of the permit by other City agencies, if sufficient information has been provided to allow for adequate evaluation of the proposal and if grounds for denial, as set forth in Subsection (f), are not present.

(f) The Entertainment Commission shall grant a permit pursuant to this Article unless he or she finds that:

(i) The building, structure, equipment or location of the proposed place of entertainment does not comply with or fails to meet all of the health, zoning, fire and safety requirements or standards of all the laws of the State of California or ordinances of the City and County of San Francisco applicable to such business operation; or

(ii) The building, structure, equipment or location of the proposed place of entertainment cannot adequately accommodate the type and volume of vehicle and pedestrian traffic anticipated; or

(iii) The building, structure, equipment or location of the proposed place of entertainment lack adequate safeguards to prevent emissions of noise, glare, dust and odor that substantially interfere with the public health, safety and welfare or the peaceful enjoyment of neighboring property.

(g) An applicant whose application for a permit has been denied pursuant to this Section may seek immediate judicial review pursuant to Code of Civil Procedure Section 1085 or Section 1094.5. The applicant is not required to exhaust his or her administrative remedies before the Board of Appeals. (Added by Ord. 140-70, App. 4/28/70; amended by Ord. 325-91, App. 9/4/91; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 216-02, File No. 021460, App. 11/1/2002)

SEC. 1060.6. PRIVATE CLUB.

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)

SEC. 1060.7.1. SOLICITATION OF DRINKS OR MERCHANDISE.

No operator of a place of entertainment shall employ or permit any hostess, entertainer or person to solicit any patron or customer of or visitor in said place of entertainment to purchase any beverage or merchandise for the one soliciting or for any other person. (Added by Ord. 306-73, App. 8/6/73)

SEC. 1060.8. LIGHTING.

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)

SEC. 1060.9. MISCELLANEOUS RULES.

No professional entertainer or employee may dance with any customer on the premises in any place of entertainment. (Added by Ord. 140-70, App. 4/28/70)

SEC. 1060.9.1. REQUIREMENT FOR STAGE.

Entertainers whose breasts are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least 6 feet from the nearest patron. (Added by Ord. 273-73, App. 7/6/73)

SEC. 1060.10. BOOTHS.

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)

SEC. 1060.11. POLICE - INSPECTION.

The Police Department, in addition to their several other duties, shall inspect any and all establishments which have been issued a permit pursuant to this Article. (Added by Ord. 140-70, App. 4/28/70)

SEC. 1060.12. NOISE ABATEMENT.

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)

SEC. 1060.13. MINORS.

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 defined in Sec. 1060(f), 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)

SEC. 1060.14. REGULATION OF SIGNS.

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)

SEC. 1060.15. SIGNS, CONTINUED.

No sign or signs which, in whole or in part, advertise any entertainment and which sign or signs use the word "nude," "bottomless," "naked" or words of like import, except that the words "adult entertainment" or "adult show" or "topless entertainment" will be permissible, shall be maintained, erected, used, or placed upon or adjacent to the outside of any building where it is visible from public streets or from adjacent buildings, or premises, the purpose of which sign is intended to attract, lure or entice customers. (Amended by Ord. 71-73, App. 2/23/73)

SEC. 1060.17. REMOVAL OF SIGNS AND PICTORIAL REPRESENTATION.

Any sign, or signs, or portions thereof, in violation of Sections 1060.14 and 1060.15 shall be removed within 60 days after the effective date of this Article. (Amended by Ord. 71-73, App. 2/23/73)

SEC. 1060.18. VISIBILITY FROM THE STREET.

No operator of a place of entertainment shall permit, or cause to be permitted, any entertainment as defined in Section 1060(e) so that said entertainment would be visible at any time from the street, sidewalk or highway. (Added by Ord. 140-70, App. 5/28/70)

SEC. 1060.19. PERMIT FEE; EXEMPTIONS.

The provisions of Section 1060.2 relating to a permit fee shall not apply to any place of entertainment used exclusively for any of the following purposes:

(a) Places of entertainment that are operated by any public agency or by any educational, recreational or social agency, or by any bona fide fraternal, charitable, or religious or benevolent or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political and civic welfare, to which admission is limited to members and guests and revenue accruing therefrom to be used exclusively for the benevolent purposes of said organization and which 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. (Added by Ord. 140-70, App. 4/28/70)

SEC. 1060.20. SUSPENSION AND REVOCATION.

(a) Any permit issued under the terms of this Article may be suspended at any time by the Entertainment Commission if the Entertainment Commission determines after a noticed public hearing that any of the following conditions exist:

(1) The building, structure, equipment or location of the proposed place of entertainment does not comply with or fails to meet all of the health, zoning, fire and safety requirements or standards of all the laws of the State of California or ordinances of the City and County of San Francisco applicable to such business operation; or

(2) The establishment has been operated in a manner that has harmed the public health, safety or welfare by significantly increasing pedestrian traffic, the incidence of disorderly conduct, or the level of noise in the area in which the premises are located, and the permittee has failed, after being requested by the Police Department or Entertainment Commission to do so, to take reasonable steps to alleviate these conditions, such as providing additional off-street parking, security, soundproofing, restroom facilities, or refuse containers; or

(3) The proprietor or person or persons in charge thereof have violated, permitted the violation, or failed to take reasonable steps, after being requested by the Police Department or Entertainment Commission to do so, to halt violations on the premises or in connection with the operation of the establishment of any following laws of the State of California: Penal code Sections 266h, 266i, 315, 316, 330, 337a, 647(b); Business and Professions Code Sections 23300, 25602, 25631, 25657, 25658; Health and Safety Code Sections 11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 11379.5; or, the proprietor or persons in charge thereof have implemented, maintained or permitted any admission or related policy or practice which violates Section 3305 of the San Francisco Police Code.

(4) The proprietor or persons in charge thereof have violated or permitted the violation of any other provision of this Article or of the permit, on the premises or in connection with the operation of the establishment.

(b) The penalty for the first violation under Subsection (a) within a period of six months shall be suspension of said permit for a period of 30 days. The penalty for the second violation within a period of six months shall be suspension of said permit for a period of 60 days. The penalty for the third and subsequent violations within a period of six months shall be suspension of said permit for a period of 90 days. For the purposes of this Subsection, calculation of the six months shall not include any period of time during which the permit was suspended.

(c) Any permit issued under the terms of this Article may be revoked at any time by the Entertainment Commission if the Entertainment Commission determines after a noticed public hearing that any of the following conditions exist:

(1) The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit;

(2) The permittee has failed to pay any fee or charge required under this Article; or

(3) The permittee has permanently ceased operation of the business.

(d) A revocation pursuant to Subsection (c) shall not prejudice the right of an applicant to apply for a new permit.

(e) The Entertainment Commission may not consider any request for emergency medical or ambulance services to treat a permittee's patrons as a basis for suspending a permit pursuant to subdivision (a). (Added by Ord. 140-70, App. 4/28/70; amended by Ord. 325-91, App. 9/4/91; Ord. 81-00, File No. 000390, App. 5/5/2000; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1060.21. FORFEITURE OF FEE.

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)

SEC. 1060.22. LICENSE FEES.

Every permittee who conducts, permits or assists in conducting or permitting any entertainment as defined in Sections 1060 (b) and (c) to be shown, staged, exhibited, or produced in or upon any permitted premise shall pay to the Tax Collector an annual license fee, payable in advance.

The license fee prescribed in this Section is due and payable on a calendar year basis starting 120 days after the effective date of this Article, prorated with regard to the calendar year on a monthly basis. Fees for new licenses issued after the first day of January, 1971, or in any subsequent calendar year shall be prorated with regard to the calendar year on a monthly basis. (Amended by Ord. 555-81, App. 11/12/81; Ord. 165-93, App. 5/28/93)

SEC. 1060.23. LIMITED SUSPENSION.

Any permit issued under the terms of this Article may be suspended for a period of 30 days by the Entertainment Commission if the Entertainment Commission determines after a noticed hearing that violation of the regulations or any provision of the Municipal Code has occurred. (Added by Ord. 140-70, App. 4/28/70; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1060.24. TRANSFER OF PERMIT.

No permit shall be transferable except with the written consent of the Entertainment Commission. An application for such a transfer shall be in writing and shall be accompanied by the same filing fee as for an initial application. The written application for such transfer shall contain the same information as requested herein for an initial application for such a permit. (Amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1060.25. PENALTY.

Any person who violates any provisions of this Article shall be deemed guilty of a misdemeanor and upon conviction such person shall be punished by a fine of not to exceed $500 or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment. (Amended by Ord. 273-73, App. 7/6/73)

SEC. 1060.26. 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 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)

SEC. 1060.27. TIME LIMIT FOR OBTAINING PERMIT.

All premises required to obtain a permit and license pursuant to this Article because of the inclusion of recorded music presented by a live disc jockey on the premises within the definition of entertainment must obtain a permit within 90 days of the effective date of the amendments to this Article; failure so to do shall make continued operation of said place of entertainment a violation of Section 1060.25 hereof.

Permits must be obtained from the Entertainment Commission as Sections 1060.1, 1060.2, 1060.3 and 1060.4 hereof provided. (Added by Ord. 140-70, App. 4/28/70; amended by Ord. 325-91, App. 9/4/91; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1060.28. EARPLUGS AND FREE DRINKING WATER.

If the location for which the place of entertainment 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)

Article 15.2

SEC. 1070. DEFINITIONS.

For the purpose of this Article, the following words and phrases shall mean and include:

(a) Extended-Hours Premises. Every premises to which patrons or members are admitted or which allows patrons or members to remain on the premises between the hours of 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 Subsections (b) and (c) is furnished or occurs upon the premises.

(1) Dance Academies. An extended-hours premises shall also include a dance academy wherein students are admitted between the hours of 2:00 a.m. and 6:00 a.m., and instruction is given in ballroom or other types of dancing, whether given to the students in groups or individually.

(b) Entertainment. Any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted or participated in by any professional entertainer in or upon any premises to which patrons or members are admitted. "Entertainment" also includes a fashion or style show, except when conducted by a bona fide nonprofit club or organization as part of the social activities of such club or organization, and when conducted solely as a fund-raising activity for charitable purposes. (The term "professional entertainer" as used herein means a person or persons who engage in the presentation of entertainment for livelihood or gain.)

"Entertainment," in addition, is defined to mean and include the playing upon or use of any instrument that is capable of or can be used to produce musical sounds or percussion sounds, including but not limited to, reed, brass, percussion or string-like instruments; provided, further, that "entertainment" is defined to mean any instrument or device capable of producing or reproducing sound, which device is located in a premises open between the hours of 2:00 a.m. and 6:00 a.m.

(c) Informal Entertainment. Any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted or participated in by any nonprofessional person or persons in or upon any premises to which patrons or members are admitted.

(d) Person. An 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 thereof.

(e) Operator. Any person operating an extended-hours premises in the City and County of San Francisco, including, but not limited to, the owner or proprietor of such premises, lessee, sublessee, mortgagee in possession, licensee or any other person operating such place of entertainment or amusement.

(f) Bona Fide Nonprofit Club or Organization. Any fraternal, charitable, religious or benevolent, or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political and civic welfare, to which admissions limited to members and guests and revenue accruing therefrom to be used exclusively for the benevolent purpose of said organization and which 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.

(g) Admission Charge. Any charge for the right or privilege to enter any extended-hours premises including a minimum service charge, a cover charge or a charge made for the use of seats and tables, reserved and otherwise.

(h) Tax Collector. Tax Collector of the City and County of San Francisco.

(i) "Bona Fide Public Eating Place." A place which is regularly and in 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. (Amended by Ord. 229-74, App. 5/16/74; Ord. 192-89, App. 6/5/89; Ord. 76-98, App. 3/6/98)

SEC. 1070.1. PERMIT REQUIRED.

It shall be unlawful for any person to own, conduct, operate, maintain or to participate therein, or to cause or permit to be conducted, operated or maintained, any extended- hours premises in the City and County of San Francisco without first having obtained a permit from the Entertainment Commission.

Any place or premises where a permit to operate is sought must conform to all existing health, safety, and fire ordinances of the City and County of San Francisco, and must have a valid public eating place permit from the Department of Public Health. The Entertainment Commission may issue a permit under this Section conditional upon the applicant receiving the other required permits.

Any permit granted by the Entertainment Commission conditional upon the applicant receiving other required permits may be appealed to the Board of Appeals. Such appeal must be filed within 10 days of the final decision of the Entertainment Commission issuing the conditional permit.

Any conditional permit granted by the Entertainment Commission will expire nine months from the date of the final decision of the Entertainment Commission, if all the other required permits have not been received. (Amended by Ord. 284-80, App. 6/17/80; Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.2. FILING.

Every person desiring a permit pursuant to this Article shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and shall pay a filing fee. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.3. APPLICATION FORM.

Operators under any permit issued pursuant to this Article shall be limited to the terms of the application. Except as otherwise provided herein, an application for a permit pursuant to the provisions of this Article shall specify:

(a) The address of the location for which the permit is required, together with the business name of such location.

(b) The name and proposed business address of the applicant. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation; and the applicant shall also set forth the date and place of incorporation; the names and residence addresses of each of the officers, directors, and each stockholder owning more than 10 percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Section pertaining to a corporate applicant apply.

(c) Whether or not the applicant or any officer or director or member of applicant, as the case may be, has ever been convicted of any crime except misdemeanor traffic violations. In addition to the foregoing, any corporate applicant shall state whether or not any stockholder owning more than 10 percent of the stock of such corporation has ever been convicted of any crime except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the name of the person so convicted, the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as the result of said conviction.

(d) The names and addresses of the persons who have authority or control over the place for which the permit is requested, and brief statement of the nature and extent of such authority and control.

(e) Such information pertinent to the operation of the proposed activity, including information as to management, authority, control, financial agreements, and lease arrangements, that is reasonably related to the factual determinations this ordinance empowers the Chief to make in reviewing and acting upon permit applications as the Chief of Police may require of an applicant in addition to the other requirements of this Section. The foregoing examples are in explanation and not in limitation of the information which the Entertainment Commission may require.

(f) A business plan for the proposed extended-hours premises, specifying the days and hours of operation, the number of patrons, the numbers of employees and their duties, the identity of the manager or managers who shall be on premises during all hours of operation, the types or classes of entertainment (in terms of the types of instruments, numbers of performers and sound levels) to be provided, and the amount of parking, both on-site and off-site, to be provided. If sound amplification is to be used, the plan shall also include a specific description of the amplification system.

(g) The address to which notice, when required, is to be sent or mailed, and the name and address of a person authorized to accept service of process, if not otherwise set forth herein.

(h) Whether the application is for a new permit or for the renewal of an existing permit.

(i) The Entertainment Commission may require further information as he or she deems necessary. (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)

SEC. 1070.4. 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. 252-70, App. 7/23/70)

SEC. 1070.5. DETERMINATION OF APPLICATION.

(a) When an application is filed for a new permit under this Article, the Entertainment Commission shall fix a time and place for a public hearing thereon to determine whether issuance of the permit would result in any of the conditions set forth in Subsection (e). The hearing must be held within 45 working days of the date the completed application is received.

(b) At the time of filing of an application, the applicant shall notify the Entertainment Commission of any outstanding requests for permits or approvals from other City departments relating to the premises of the proposed extended-hours premises. The Entertainment Commission shall notify those departments of the filing of the application. Those departments shall complete all necessary inspections and report their determinations to the Entertainment Commission within 20 working days of the filing of the application.

(c) Not less than 30 days before the date of such hearing, the Entertainment Commission shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed extended-hours premises is to be operated. Such notice shall set forth the specific type of entertainment which the applicant intends to conduct. Such posting of notice shall be carried out by the Entertainment Commission, and the applicant shall maintain said notice as posted the required number of days. Notice of such hearing shall be mailed by the Chief of Police at least 30 days prior to the date of such hearing to any person who has filed a written request for such notice.

(d) At the hearing, the applicant and any other interested party, including the Police Department or any other public agency, shall be allowed to introduce evidence and present argument. The Entertainment Commission shall make a final decision upon the application at a public hearing, and shall notify the applicant, and any other interested party who has made a written request, of the final decision by first class mail.

(e) No time limit shall commence running until the submission of a completed application. Upon the applicant's request, the Entertainment Commission shall continue the hearing to allow the applicant opportunity to comply with the requirements of this Article or any other State or local law. Upon the applicant's request, the Entertainment Commission shall also issue a conditional approval of the permit application, pending approval of the permit by other City agencies, if sufficient information has been provided to allow for adequate evaluation of the proposal and if grounds for denial, as set forth in Subsection (f), are not present.

(f) The Entertainment Commission shall grant a permit pursuant to this Article unless he or she finds that:

(i) The building, structure, equipment or location of the proposed place of entertainment does not comply with or fails to meet all of the health, zoning fire and safety requirements or standards of all the laws of the State of California or ordinances of the City and County of San Francisco applicable to such business operation; or

(ii) The building, structure, equipment or location of the proposed extended-hours premises cannot adequately accommodate the type and volume of vehicle and pedestrian traffic anticipated; or

(iii) The building, structure, equipment or location of the proposed extended-hours premises lack adequate safeguards to prevent emissions of noise, glare, dust and odor that substantially interfere with the public health, safety and welfare or the peaceful enjoyment of neighboring property.

(g) An applicant whose application for a permit has been denied pursuant to this Section may seek immediate judicial review pursuant to Code of Civil Procedure Section 1085 or Section 1094.5. The applicant is not required to exhaust his or her administrative remedies before the Board of Appeals. (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)

SEC. 1070.6. PRIVATE CLUB.

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)

SEC. 1070.7. SOLICITATION OF DRINKS OR MERCHANDISE.

(a) No operator of an extended- hours premises 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 operator of an extended-hours premises 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)

SEC. 1070.8. SOLICITATION OF TRADE.

No operator of an extended-hours premises shall permit or allow or cause 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)

SEC. 1070.9. PROCUREMENT.

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

SEC. 1070.10. ATTIRE.

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)

SEC. 1070.11. LIGHTING.

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)

SEC. 1070.12. MISCELLANEOUS RULES.

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)

SEC. 1070.13. BOOTHS.

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)

SEC. 1070.14. POLICE; INSPECTION.

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)

SEC. 1070.15. NOISE ABATEMENT.

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)

SEC. 1070.16. MINORS.

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)

SEC. 1070.17. SUSPENSION AND REVOCATION.

(a) Any permit issued under the terms of this Article may be suspended at any time by the Entertainment Commission if the Entertainment Commission determines after a noticed public hearing that any of the following conditions exist:

(1) The building, structure, equipment or location of the proposed extended-hours premises does not comply with or fails to meet all of the health, zoning, fire and safety requirements or standards of all the laws of the State of California or ordinances of the City and County of San Francisco applicable to such business operation; or

(2) The establishment has been operated in a manner that has harmed the public health, safety or welfare by significantly increasing pedestrian traffic, the incidence of disorderly conduct, or the level of noise in the area in which the premises are located, and the permittee has failed, after being requested by the Police Department or Entertainment Commission to do so, to take reasonable steps to alleviate these conditions, such as providing additional off-street parking, security, soundproofing, restroom facilities, or refuse containers; or

(3) The proprietor or persons in charge thereof have violated, permitted the violation, or failed to take reasonable steps, after being requested by the Police Department or Entertainment Commission to do so, to halt violations on the premises or in connection with the operation of the establishment, of any following laws of the State of California: Penal Code Sections 266h, 266i, 315, 316, 330, 337a, 657(b); Business and Professions Code Sections 23300, 25602, 25631, 25657, 25658; Health and Safety Code Sections 11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 11379.5; or, the proprietor or persons in charge thereof have implemented, maintained or permitted any admission or related policy or practice which violates Section 3305 of the San Francisco Police Code.

(4) The proprietor or persons in charge thereof have violated or permitted the violation of any other provision of this Article or of the permit, on the premises or in connection with the operation of the establishment.

(b) The penalty for the first violation under Subsection (a) within a period of six months shall be suspension of said permit for a period of 30 days. The penalty for the second violation within a period of six months shall be suspension of said permit for a period of 60 days. The penalty for the third and subsequent violations within a period of six months shall be suspension of said permit for a period of 90 days. For the purposes of this Subsection, calculation of the six months shall not include any period of time during which the permit was suspended.

(c) Any permit issued under the terms of this Article may be revoked at any time by the Entertainment Commission if it determines after a noticed public hearing that any of the following conditions exist:

(1) The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit;

(2) The permittee has failed to pay any fee or charge required under this Article; or

(3) The permittee has permanently ceased operation of the business.

(d) A revocation pursuant to Subsection (c) shall not prejudice the right of an applicant to apply for a new permit.

(e) The Entertainment Commission may not consider any request for emergency medical or ambulance services to treat a permittee's patrons as a basis for suspending a permit pursuant to subdivision (a). (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. 81-00, File No. 000390, App. 5/5/2000; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.18. FORFEITURE OF FEE.

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)

SEC. 1070.19. EXCEPTIONS.

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 being on the premises if the Entertainment Commission shall find that the extended-hours premises is used exclusively for any of the following purposes:

(a) A bona fide public eating place as defined herein to which a public eating place permit has been issued by the Department of Public Health and where no admission charge is collected as defined in Section 1070(g).

(b) Extended-hours premises that are operated by any public agency or by any educational, recreational or social agency, or by any bona fide fraternal, charitable, or religious or benevolent or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political and civic welfare, to which admission is limited to members and guests and revenue accruing therefrom to be used exclusively for the benevolent purposes of said organization and which 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) Any determination as to the exception status of any applicant pursuant to this Section shall be made by the Entertainment Commission.

(d) A decision by the Entertainment Commission denying the exception from the regulations shall be final except that an appeal therefrom may be taken within 10 days to the Board of Review created by Ordinance No. 245-68. The Board of Review will consist of the Director of Administrative Services, the Controller and Assessor-Recorder. Any member of the Board may deputize in writing, filed with the Board, any member of his office to serve in his place on such Board or in such hearing as he may desire. A majority of the members of the Board shall constitute a quorum.

(e) The Board, in addition to its several other duties, shall have the power and it shall be its duty to hear and determine appeals from the decisions of the Entertainment Commission made upon petition for an exception from the regulations. The Board may affirm or reverse such decision by the Entertainment Commission or dismiss the appeals therefrom as may be just, and shall prescribe such forms, rules and regulations relating to appeals as it may deem necessary. In the review of the decision by the Entertainment Commission the Board may take such evidence and make such investigation as it may deem necessary. It shall give notice of its determinations in writing to the petitioner and shall file a copy of each determination with the Entertainment Commission. The determination shall become final 10 days thereafter. If the Board of Review concurs with the determination of the Entertainment Commission, the regulations shall become effective as an order or decision of the Entertainment Commission. If the Board of Review overrules the order or decision of the Entertainment Commission, the regulations shall not be enforced by the Entertainment Commission. (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)

SEC. 1070.20. LIMITED SUSPENSION.

Any permit issued under the terms of this Article may be suspended for a period of 30 days by the Entertainment Commission if the Entertainment Commission determines after a noticed hearing that violation of the regulations or any provisions of the Municipal Code has occurred. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.20-1. LICENSE FEES.

Every permittee who conducts, permits or assists in conducting or permitting any extended-hours premises as defined, shall pay to the Tax Collector an annual license fee, payable in advance.

The license fee prescribed in this Section is due and payable on a calendar year basis starting 90 days after the effective date of this Article, prorated with regard to the calendar year on a monthly basis. Fees for new licenses issued after the first day of January, 1971, or in any subsequent calendar year shall be prorated with regard to the calendar year on a monthly basis. (Amended by Ord. 555-81, App. 11/12/81; Ord. 76-98, App. 3/6/98)

SEC. 1070.21. STAY ORDERS.

Notwithstanding Section 8, Part III, of the San Francisco Municipal Code, the action of the Entertainment Commission in suspending a permit for a period not to exceed 30 days shall not be suspended by an appeal 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)

SEC. 1070.22. TRANSFER OF PERMIT.

No permit shall be transferable except with the written consent of the Entertainment Commission. An application for such a transfer shall be in writing and shall be accompanied by the same filing fee as for an initial application. The written application for such transfer shall contain the same information as requested herein for an initial application for such a permit. (Amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.23. PERMIT REQUIRED.

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)

SEC. 1070.24. PENALTY.

Any person who violates any provisions of this Article shall be deemed guilty of a misdemeanor and upon conviction such person shall be punished 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. (Added by Ord. 251-70, App. 7/23/70)

SEC. 1070.25. 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, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. (Added by Ord. 252-70, App. 7/23/70)

SEC. 1070.26. MORATORIUM ON THE GRANTING OF PERMITS.

Notwithstanding any provision of this Code, neither the Chief of Police, nor the Board of Appeals on appeal, shall grant or issue to any person a permit to own, conduct, operate, maintain or to participate therein, or to cause or permit to be conducted, operated or maintained, any extended-hours premises in the Moratorium Area described below in Subsection (a).

(a) Moratorium Area Described. The "Moratorium Area" includes the area bounded by Bush Street to the North, O'Farrell Street to the South, Taylor Street to the East, and Van Ness Avenue to the West, including the properties fronting on each side of O'Farrell, Bush, and Taylor Streets, but not including the properties fronting Van Ness Avenue.

(b) Sunset Provision. The moratorium provided by this ordinance shall expire on December 31, 2000 unless repealed or further extended by ordinance. (Added by Ord. 75-98, App. 3/6/98; amended by Ord. 217-00, File No. 001313, App. 9/8/2000)

SEC. 1070.27. EARPLUGS AND FREE DRINKING WATER.

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)

AGULATIONS FOR EXTENDED-HOURS PREMISES

Last updated: 1/10/2014 10:24:54 AM