Within two weeks on either side of the yearly anniversary of the effective date of Ordinance No. 238-09, the Entertainment Commission shall hold an annual hearing to determine whether there has been a substantial increase since the effective date of Ordinance No. 238-09 in the number of Extended-Hours Premises Permits in existence. To make this determination as to Extended-Hours Premises Permits at the first annual hearing, the Commission shall compare the number of such permits in existence at the time of the hearing to the number of such permits in existence as indicated in the report submitted pursuant to Section 1070.35(h). To make this determination at subsequent annual hearings, the Commission shall compare the number of such permits in existence at the time of the hearing to the number of such permits in existence at the time of the last annual hearing.
If the calculation mandated by Subsection (a) of this Section demonstrates an increase of 15% or more in any year in the number of Extended-Hours Premises Permits in existence and the number is at least 15% greater than the number of such permits in existence as indicated in the report submitted pursuant to Section 1070.35(h), there shall be a City-wide moratorium on the granting of additional Extended-Hours Premises permits. In lieu of a City-wide moratorium, the Entertainment Commission shall have discretion to impose a moratorium applicable only to certain geographic areas of the City in which there is a concentration of Extended-Hours Premises Permits. In this context, a “concentration of Extended-Hours Premises Permits” means geographic areas in the City that have the largest number of Extended-Hours Premises Permits and that cumulatively account for at least 70% of the Extended-Hours Premises Permits in existence as of the hearing mandated by Subsection (a) of this Section. In this context, the Commission may define “geographic areas” by reference to Police Districts, zoning provisions of the Planning Code, or other measures that are reasonable in light of other provisions in City law or commonly understood notions of the contours of various San Francisco neighborhoods. The Commission may exercise its discretion to impose the aforementioned moratorium applicable only to certain geographic areas if the Commission makes a finding on the record that considering all factors, including but not limited to economic and public safety concerns, such a moratorium is preferable to a City-wide moratorium.
If a moratorium on Extended-Hours Premises Permits is imposed pursuant to Subsection (b) of this Section, the Entertainment Commission or Director, in consultation with the Police Department, Planning Department, and such other departments as the Commission or Director shall designate, shall conduct a study of the effects of the moratorium, as well as the effects of the substantial increase in the number of Extended-Hours Premises Permits in existence that gave rise to the moratorium. The study shall be completed no earlier than six months and no later than eleven months after the moratorium is imposed. The Entertainment Commission shall hold a hearing on the subject of the study within one month of completion of the study and shall make a recommendation regarding continuing, modifying, or lifting the moratorium. The Police Department and Planning Department shall participate in the hearing and other interested departments may participate in the hearing. Within three months of the Entertainment Commission hearing, the Board of Supervisors or a committee thereof shall hold a hearing on the same subject.
Any moratorium under this Section 1070.36 shall only apply to Extended Hours Premises Permits for any premises where Entertainment is furnished or occurs upon the premises and shall not apply to any premises that serves food, beverages, or food and beverages, without Entertainment.
(Added by Ord. 238-09, File No. 080324, App. 11/20/2009; amended by Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)