§ 1070.28.



Every Extended-Hours Premises shall have a Security Plan, as defined in Section 1070(o), that has been approved by the Entertainment Commission or by the Director, as required by this Article.


As of the effective date of this Section, the Entertainment Commission shall not approve any permit or other application relating to a Business unless the applicant has a Security Plan that has been approved by the Commission or the Director as provided in this Article. The Security Plan shall meet the minimum requirements of Section 1070(o) and any implementing rules and regulations. The Commission shall disapprove any Security Plan that it determines does not adequately address the safety of persons and property and provide for the orderly dispersal of persons and traffic, notwithstanding the compliance of the proposed plan with the minimum requirements of Section 1070(o).


Compliance with the Security Plan approved under this Article is a condition of the permit.


Every Extended-Hours Premises that does not have a Security Plan approved by the Entertainment Commission on the effective date of this Section shall submit a proposed Security Plan to the Director. The Entertainment Commission, the Director and every Permittee shall follow the procedures and standards set forth in Section 1060.31 of this Code for the approval of Security Plans under this Article. The Entertainment Commission may suspend a permit for the Permittee’s failure to comply with the requirements of Section 1060.31 as required by this Subsection (d), including the failure to submit a proposed Security Plan and the failure to comply with an approved Security Plan.


For the purpose of calculating compliance with the component of a Security Plan that requires a ratio of one Security Guard to a specific number of individuals, a Security Guard may be counted toward the ratio for only one Place of Entertainment at any one time. This calculation rule applies whether the required ratio of Security Guard to individuals is based solely on the definition of Security Plan in Section 1060(o), is otherwise required by this Article, or is a condition of the Place of Entertainment permit.


Where the Chief of Police or the Chief’s designee, with the concurrence of the Director, determines that the public safety will not be advanced by enforcing on a particular Business with an Extended Hours Premises Permit the requirement stated in Section 1070(o) that on Thursday and Sunday evenings there be a Security Guard for every 100 individuals authorized by the Occupancy Permit, the Chief or Chief’s designee or the Director may notify the Permittee in writing that the Security Guard ratio based on Occupancy Permit shall not be required for that Business on Thursday and/or Sunday evenings. Such a determination may be based on all relevant factors, including but not limited to the past operation of the Business or related Businesses, but may not be based on the content of constitutionally protected expression or entertainment. Such a determination creates no vested right on the part of the affected Business to an exemption from the Thursday/Sunday requirement of one Security Guard per 100 individuals authorized by the Occupancy Permit, and said determination may be changed at any time by the Chief of Police or the Chief’s designee, or by the Director, upon written notice to the Permittee. For purposes of this Subsection (f), the Captain for the district where the Business is located, or the Captain’s designee, is deemed the Chief’s designee unless the Chief of Police directs otherwise.


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


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