§ 1070.17.3.

SUSPENSION FOR PUBLIC SAFETY BY THE DIRECTOR

a.

GROUNDS FOR SUSPENSION. The Director may suspend any permit issued under this Article for up to 72 hours if the Director determines, after providing the Permittee at least 8 hours written notice and an opportunity to respond, that any of the circumstances set forth in Subsection (a)(1)(i) or (ii) of this Section has occurred either on the premises of the Business, on Any Sidewalk Abutting the Premises of the Business, or within 100 feet of the Premises of the Business, provided in this last instance that the person engaging in the conduct that would constitute a violation of a law specified in Subsection (a)(1)(i) had been on the Premises of the Business no more than 30 minutes before engaging in that conduct; that the conduct has resulted or could have resulted in serious bodily injury or death, and that continued operation of the Business poses a serious threat to public safety.

1.

(i) Permittee or any employee or agent of the Permittee has engaged in conduct that would constitute a violation of any of the following laws: assault and battery (Cal. Penal Code §§ 240, 242, 245); felony sexual assault; sexual battery (Cal. Penal Code § 243.4); rape (Cal. Penal Code § 261); statutory rape (Cal. Penal Code § 261.5); pimping (Cal. Penal Code § 266); 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); a violent felony warranting enhancement of a prison term (Cal. Penal Code § 667.5); criminal gang activity (Cal. Penal Code § 186.22); or

ii.

The Permittee has failed to take reasonable steps within the Permittee’s control and within the limits of the law to halt the conduct of another Person that would constitute a violation of any law described in Subsection (a)(1)(i) of this Section.

b.

NOTICE OF PROPOSED ORDER. The Director shall provide the written notice required under Subsection (a) of this Section to the Permittee and the Manager by personal delivery and electronically.

c.

EFFECTIVE DATE AND TIME OF ORDER. The order of suspension for public safety issued under this Section shall take effect at the date and time stated in the order.

d.

DIRECTOR MAY VACATE ORDER. The Director may vacate an order of suspension for public safety if the Director determines that operation of the Business before expiration of the suspension order will not pose a danger to the public because additional information demonstrates that the conduct was not related to the operation of the Business, the Permittee has taken adequate steps to correct the problem giving rise to the suspension, or other circumstances warrant such action.

e.

POLICE DEPARTMENT RECOMMENDATION OF SUSPENSION FOR PUBLIC SAFETY. The Chief of Police, or the Chief’s designee, may recommend to the Director, orally or in writing, that the Director suspend a permit for public safety in accordance with the grounds for suspension stated in Subsection (a) above. If the recommendation is oral, it shall later be reduced to writing and filed with the Director when time permits. If the Director fails to follow the oral or written recommendation, the Director shall report to the Entertainment Commission both the recommendation and the reason or reasons for not following the recommendation. This report shall occur at the next regular Commission meeting subsequent to the recommendation, consistent with the provisions of the Brown Act and Sunshine Ordinance. For purposes of this Subsection (e), the Captain for the district where the Place of Entertainment is located, or the Captain’s designee, is deemed the Chief’s designee unless the Chief of Police directs otherwise.

This Subsection (e) shall not preclude any Police Officer from recommending to the Director that the Director suspend a permit for public safety in accordance with the grounds for suspension stated in Subsection (a) above.

History

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

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