§ 1070.17.1.

SUSPENSION BY THE ENTERTAINMENT COMMISSION

a.

GROUNDS FOR SUSPENSION. The Entertainment Commission may suspend any permit issued under this Article under any of the following circumstances:

1.

The premises or operation of the Business does not comply with the health, zoning, fire, and safety requirements of the laws of the State of California and ordinances of the City and County of San Francisco applicable to the Business; or

2.

The Permittee or an employee or agent of the Permittee has operated the Business:

i.

In a manner that has harmed the public health, safety, or welfare by significantly increasing pedestrian congestion, the incidence of disorderly conduct, or the level of noise in the area in which the premises are located, and

ii.

The Permittee has refused or failed, upon request by the Police Department, Entertainment Commission or the Director, to take reasonable steps to alleviate these conditions, such as providing additional off-street parking, security, soundproofing, restroom facilities, or refuse containers; or

(3) (i) Permittee or any employee or agent of the Permittee has engaged in conduct on the premises of the Business, or in connection with the operation of the Business, that would constitute a violation of any of the following laws: assault and battery (Cal. Penal Code §§ 240, 242, 245); sexual battery (Cal. Penal Code § 243.4); discharging firearm (Cal. Penal Code §§ 246, 246.3); unlawful weapons (Cal. Penal Code § 12020; S.F. Police Code § 1291); disturbing the peace (Cal. Penal Code §§ 415, 416, 417); unlawful threats (Cal. Penal Code § 422); obstruction of pedestrian or vehicle right-of-way (Cal. Penal Code § 370); gambling (Cal. Penal Code §§ 330, 337a); rape (Cal. Penal Code § 261); statutory rape (Cal. Penal Code § 261.5); prostitution and related offenses (Cal. Penal Code §§ 266, 266a, 266e, 266h, 266i, 315, 316, 647(b)); sex crimes for which registration is required under the Sex Offender Registration Act (Cal. Penal Code § 290); felony sexual assault; loitering for lewd or lascivious purposes (Cal. Penal Code § 647(d)); loitering on private property without lawful business (Cal. Penal Code § 647(h)); identify theft (Cal. Penal Code § 530.5); a violent felony warranting enhancement of a prison term (Cal. Penal Code § 667.5); criminal gang activity (Cal. Penal Code § 186.22), drug offenses (Cal. Health & Safety Code §§ 11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 11379.5); violation of Alcohol Beverage Control laws (Cal. Business & Professions Code §§ 23300, 25602, 25631, 25657, 25658); public urination or defecation (San Francisco Police Code § 153); accumulation of filth (Cal. Health & Safety Code § 17920.3(j)); or excessive noise emissions (San Francisco Police Code Section 49 or Article 29); or

ii.

The Permittee has failed to take reasonable steps within the Permittee’s control upon the request of the Police Department, the Entertainment Commission or the Director to halt conduct on the premises of the Business, or in connection with the operation of the Business, that would constitute a violation of the laws set forth in Section (a)(3)(i) of this Section; or

iii.

The Permittee in the operation of the Business has implemented, maintained, or permitted an admission or related policy or practice prohibited by San Francisco Police Code Section 3305 (prohibiting discrimination); or

4.

The Permittee or any employee or agent of the Permittee has violated any requirement of this Article or any other applicable ordinance, any regulation adopted pursuant to this Article, or any condition placed on the permit; or

5.

The Permittee has failed to submit a proposed Security Plan as required by Section 1070.28; or

6.

The Permittee or any agent or employee of the Permittee has failed to comply with an approved Security Plan or a revised Security Plan as required by Sections 1070.28 and 1070.29; or

7.

The Permittee or any agent or employee of the Permittee has failed to request emergency medical services as required by Section 1070.17(b).

b.

HEARING PROCEDURE AND DETERMINATION.

i.

The Entertainment Commission shall give the Permittee and the Manager written notice of a hearing to determine whether to suspend a permit. The notice shall set forth the grounds for the proposed suspension and the date, time and location of the hearing.

ii.

The Chief of Police or the Chief’s designee may request in writing that the Director bring a suspension proceeding before the Entertainment Commission. If, within 10 business days of receiving the request, the Director has not brought the suspension proceeding, the Chief may bring the suspension proceeding before the Entertainment Commission. In such a case, the Chief or the Chief’s representative shall present the case for suspension, except that the Director may join in presenting the case for suspension if the Director agrees to do so.

c.

PERIOD OF SUSPENSION. The Entertainment Commission may suspend a permit for the periods of time set forth in this Subsection (c).

i.

For the first violation under Subsection (a)(1) through (6) of this Section, for up to 30 days.

ii.

For the second violation of the same or any other provision of Subsection (a)(1) through (6) within six months of the order of suspension for the first violation, for up to 60 days.

iii.

For the third and subsequent violation of the same or any other provision of Subsection (a)(1) through (6) within six months of the order of suspension for the second or any subsequent violation, for up to 90 days.

iv.

For the purpose of Subsections (c)(ii) and (iii) of this Section, calculation of the six months shall not include any period of time during which the permit was suspended.

v.

In determining the length of the suspension, the Entertainment Commission shall consider the seriousness and the frequency of the violation(s) in light of the effort taken to correct them and the impact of the violation(s) on the surrounding neighborhood.

History

(Added by Ord. 238-09, File No. 080324, App. 11/20/2009)

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