§ 1070.

DEFINITIONS

For the purpose of this Article, unless otherwise provided in this Article, the following words and phrases shall mean and include:

a.

“Any Sidewalk Abutting the Premises.” The sidewalk not more than 50 feet from the premises of the Business that is located between the premises and a public street. For purposes of this definition, “premises” includes any immediately adjacent area that is owned, leased, or rented by the permit applicant or Permittee.

b.

“Bona Fide Nonprofit Club or Organization.” Any fraternal, charitable, religious, benevolent, or other nonprofit organization for mutual social, mental, political, or civic welfare, to which admission is limited to members and guests if the revenue accruing therefrom is used exclusively for the benevolent purposes of said organization or agency, and if the 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.

“Bona Fide Public Eating Place.” A place which is regularly and in a 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.

d.

“Business.” The enterprise for which a permit is sought or has been issued under this Article, whether operated on a for-profit or not-for-profit basis.

e.

“Conduct that Constitutes a Nuisance.” Any conduct that would constitute a violation 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).

f.

“Corrective Action.” Action which includes, but is not limited to, the following:

1.

Requesting assistance from the local law enforcement agency in a timely manner regarding the conduct.

2.

Requesting those individuals engaging in Conduct that Constitutes a Nuisance to cease the conduct, or ejecting those Persons from the premises.

3.

Revising the Security Plan, subject to approval by the Entertainment Commission or the Director as provided under this Article.

g.

“Dance Academy.” The term “Extended-Hours Premises” also includes a dance academy wherein students are admitted between 2:00 a.m. and 6:00 a.m., and instruction is given in ballroom or other types of dancing, whether to the students in groups or individually.

h.

“Director.” The Executive Director of the Entertainment Commission or an individual designated by the Director to act on his or her behalf.

i.

“Entertainment.” Any of the following, except when conducted in a private residence:

1.

Any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted in or upon any premises to which patrons or members are admitted.

2.

The playing or use of any instrument capable of producing or used to produce musical or percussion sounds, including but not limited to, reed, brass, percussion, or string-like instruments, or karaoke, or recorded music presented by a live disc jockey on the premises.

3.

A fashion or style show.

4.

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.

j.

“Extended-Hours Premises.” Every premises to which patrons or members are admitted or which allows patrons or members to remain between 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 Subsection (i) is furnished or occurs upon the premises. The term includes a “Dance Academy.”

k.

“Manager. The individual authorized by the Permittee to exercise discretionary power to organize, direct, carry out or control the operations of the Business.

l.

“Permittee.” The person to whom a permit has been issued under this Article.

m.

“Person.” Any person, 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.

n.

“Security Guard.” A person who has a valid Proprietary Private Security Officer registration document issued by the California Department of Consumer Affairs; a person who is a Patrol Special Police Officer appointed by the Police Commission or an assistant to a Patrol Special Police Officer and is operating in accordance with rules of the Police Commission governing Patrol Special Police Officers and assistants to Patrol Special Police Officers; or, a person who is a Private Patrol Operator, as defined by California Business and Professions Code Sections 7582.1-7582.2.

o.

“Security Plan.” A plan that adequately addresses the safety of persons and property by (i) providing a ratio of one Security Guard to a specific number of individuals as described in the paragraph immediately below (ii) securing the sidewalk for a 100-foot radius in all directions around the premises of the Business to prevent injury to persons and/or damage to property, and (iii) providing for the orderly dispersal of individuals and traffic from the premises of the Business and within 100 feet of any door that patrons use to enter or exit the premises. The phrase “100 feet” in (iii) of this Subsection (o) means 100 feet from the door in both directions on the same side of the street as the premises of the Business. The plan shall include sufficient staff with the requisite experience to implement the plan.

The Security Plan must provide at least one Security Guard for every 100 individuals anticipated to be present at any one time during Entertainment events on the premises of the Business, with the following two qualifications. There must always be at least one Security Guard for every 100 individuals actually present at any one time during Entertainment events on the premises of the Business. Further, in those areas of the City where a conditional use authorization is required for a late night use, on Thursdays, Fridays, Saturdays, and Sundays from 9:00 p.m. until closing (including early morning hours Friday, Saturday, Sunday, and Monday) the Security Plan must provide at least one Security Guard for every 100 individuals authorized by the Occupancy Permit during Entertainment events on the premises of the Business.

The definition of Security Plan in this Subsection 1070(o) does not limit the discretion of the Entertainment Commission and Director as specified in this Article to impose more stringent requirements for a Security Plan as circumstances warrant.

If no Entertainment event is occurring on the premises, the Security Plan does not have to include Security Guards, but the Entertainment Commission retains discretion to impose security guard requirements as part of a Security Plan.

p.

“Tax Collector.” Tax Collector of the City and County of San Francisco.

q.

“Professional Entertainer.” A person who is compensated for his or her performance. This definition does not restrict the definition of “Entertainment” in Subsection (i) and is relevant only to the extent the term “professional entertainer” is used in this Article.

History

(Amended by Ord. 229-74, App. 5/16/74; Ord. 192-89, App. 6/5/89; Ord. 76-98, App. 3/6/98; Ord. 238-09, File No. 080324, App. 11/20/2009; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)

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