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15.2 Entertainment Regulations for Extended Hours

SEC. 1070. DEFINITIONS.

For the purpose of this Article, the following words and phrases shall mean and include:

(a) Extended-Hours Premises. Every premises to which patrons or members are admitted or which allows patrons or members to remain on the premises between the hours of 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 Subsections (b) and (c) is furnished or occurs upon the premises.

(1) Dance Academies. An extended-hours premises shall also include a dance academy wherein students are admitted between the hours of 2:00 a.m. and 6:00 a.m., and instruction is given in ballroom or other types of dancing, whether given to the students in groups or individually.

(b) Entertainment. Any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted or participated in by any professional entertainer in or upon any premises to which patrons or members are admitted. “Entertainment” also includes a fashion or style show, except when conducted by a bona fide nonprofit club or organization as part of the social activities of such club or organization, and when conducted solely as a fund-raising activity for charitable purposes. (The term “professional entertainer” as used herein means a person or persons who engage in the presentation of entertainment for livelihood or gain.)

“Entertainment,” in addition, is defined to mean and include the playing upon or use of any instrument that is capable of or can be used to produce musical sounds or percussion sounds, including but not limited to, reed, brass, percussion or string-like instruments; provided, further, that “entertainment” is defined to mean any instrument or device capable of producing or reproducing sound, which device is located in a premises open between the hours of 2:00 a.m. and 6:00 a.m.

(c) Informal Entertainment. Any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted or participated in by any nonprofessional person or persons in or upon any premises to which patrons or members are admitted.

(d) Person. An 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 thereof.

(e) Operator. Any person operating an extended-hours premises in the City and County of San Francisco, including, but not limited to, the owner or proprietor of such premises, lessee, sublessee, mortgagee in possession, licensee or any other person operating such place of entertainment or amusement.

(f) Bona Fide Nonprofit Club or Organization. Any fraternal, charitable, religious or benevolent, or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political and civic welfare, to which admissions limited to members and guests and revenue accruing therefrom to be used exclusively for the benevolent purpose of said organization and which 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.

(g) Admission Charge. Any charge for the right or privilege to enter any extended-hours premises including a minimum service charge, a cover charge or a charge made for the use of seats and tables, reserved and otherwise.

(h) Tax Collector. Tax Collector of the City and County of San Francisco.

(i) “Bona Fide Public Eating Place.” A place which is regularly and in 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. (Amended by Ord. 229-74, App. 5/16/74; Ord. 192-89, App. 6/5/89; Ord. 76-98, App. 3/6/98)

SEC. 1070.1. PERMIT REQUIRED.

It shall be unlawful for any person to own, conduct, operate, maintain or to participate therein, or to cause or permit to be conducted, operated or maintained, any extended- hours premises in the City and County of San Francisco without first having obtained a permit from the Entertainment Commission.

Any place or premises where a permit to operate is sought must conform to all existing health, safety, and fire ordinances of the City and County of San Francisco, and must have a valid public eating place permit from the Department of Public Health. The Entertainment Commission may issue a permit under this Section conditional upon the applicant receiving the other required permits.

Any permit granted by the Entertainment Commission conditional upon the applicant receiving other required permits may be appealed to the Board of Appeals. Such appeal must be filed within 10 days of the final decision of the Entertainment Commission issuing the conditional permit.

Any conditional permit granted by the Entertainment Commission will expire nine months from the date of the final decision of the Entertainment Commission, if all the other required permits have not been received. (Amended by Ord. 284-80, App. 6/17/80; Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.2. FILING.

Every person desiring a permit pursuant to this Article shall file an application with the Entertainment Commission upon a form provided by the Entertainment Commission and shall pay a filing fee. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.3. APPLICATION FORM.

Operators under any permit issued pursuant to this Article shall be limited to the terms of the application. Except as otherwise provided herein, an application for a permit pursuant to the provisions of this Article shall specify:

(a) The address of the location for which the permit is required, together with the business name of such location.

(b) The name and proposed business address of the applicant. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation; and the applicant shall also set forth the date and place of incorporation; the names and residence addresses of each of the officers, directors, and each stockholder owning more than 10 percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Section pertaining to a corporate applicant apply.

(c) Whether or not the applicant or any officer or director or member of applicant, as the case may be, has ever been convicted of any crime except misdemeanor traffic violations. In addition to the foregoing, any corporate applicant shall state whether or not any stockholder owning more than 10 percent of the stock of such corporation has ever been convicted of any crime except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the name of the person so convicted, the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as the result of said conviction.

(d) The names and addresses of the persons who have authority or control over the place for which the permit is requested, and brief statement of the nature and extent of such authority and control.

(e) Such information pertinent to the operation of the proposed activity, including information as to management, authority, control, financial agreements, and lease arrangements, that is reasonably related to the factual determinations this ordinance empowers the Chief to make in reviewing and acting upon permit applications as the Chief of Police may require of an applicant in addition to the other requirements of this Section. The foregoing examples are in explanation and not in limitation of the information which the Entertainment Commission may require.

(f) A business plan for the proposed extended-hours premises, specifying the days and hours of operation, the number of patrons, the numbers of employees and their duties, the identity of the manager or managers who shall be on premises during all hours of operation, the types or classes of entertainment (in terms of the types of instruments, numbers of performers and sound levels) to be provided, and the amount of parking, both on-site and off-site, to be provided. If sound amplification is to be used, the plan shall also include a specific description of the amplification system.

(g) The address to which notice, when required, is to be sent or mailed, and the name and address of a person authorized to accept service of process, if not otherwise set forth herein.

(h) Whether the application is for a new permit or for the renewal of an existing permit.

(i) The Entertainment Commission may require further information as he or she deems necessary. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 325-91, App. 9/4/91; Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.4. VERIFICATION OF APPLICATION.

Every application for a permit under this Article shall be verified as provided in the California Code of Civil Procedure for the verification of pleadings. (Added by Ord. 252-70, App. 7/23/70)

SEC. 1070.5. DETERMINATION OF APPLICATION.

(a) When an application is filed for a new permit under this Article, the Entertainment Commission shall fix a time and place for a public hearing thereon to determine whether issuance of the permit would result in any of the conditions set forth in Subsection (e). The hearing must be held within 45 working days of the date the completed application is received.

(b) At the time of filing of an application, the applicant shall notify the Entertainment Commission of any outstanding requests for permits or approvals from other City departments relating to the premises of the proposed extended-hours premises. The Entertainment Commission shall notify those departments of the filing of the application. Those departments shall complete all necessary inspections and report their determinations to the Entertainment Commission within 20 working days of the filing of the application.

(c) Not less than 30 days before the date of such hearing, the Entertainment Commission shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed extended-hours premises is to be operated. Such notice shall set forth the specific type of entertainment which the applicant intends to conduct. Such posting of notice shall be carried out by the Entertainment Commission, and the applicant shall maintain said notice as posted the required number of days. Notice of such hearing shall be mailed by the Chief of Police at least 30 days prior to the date of such hearing to any person who has filed a written request for such notice.

(d) At the hearing, the applicant and any other interested party, including the Police Department or any other public agency, shall be allowed to introduce evidence and present argument. The Entertainment Commission shall make a final decision upon the application at a public hearing, and shall notify the applicant, and any other interested party who has made a written request, of the final decision by first class mail.

(e) No time limit shall commence running until the submission of a completed application. Upon the applicant's request, the Entertainment Commission shall continue the hearing to allow the applicant opportunity to comply with the requirements of this Article or any other State or local law. Upon the applicant's request, the Entertainment Commission shall also issue a conditional approval of the permit application, pending approval of the permit by other City agencies, if sufficient information has been provided to allow for adequate evaluation of the proposal and if grounds for denial, as set forth in Subsection (f), are not present.

(f) The Entertainment Commission shall grant a permit pursuant to this Article unless he or she finds that:

(i) The building, structure, equipment or location of the proposed place of entertainment does not comply with or fails to meet all of the health, zoning fire and safety requirements or standards of all the laws of the State of California or ordinances of the City and County of San Francisco applicable to such business operation; or

(ii) The building, structure, equipment or location of the proposed extended-hours premises cannot adequately accommodate the type and volume of vehicle and pedestrian traffic anticipated; or

(iii) The building, structure, equipment or location of the proposed extended-hours premises lack adequate safeguards to prevent emissions of noise, glare, dust and odor that substantially interfere with the public health, safety and welfare or the peaceful enjoyment of neighboring property.

(g) An applicant whose application for a permit has been denied pursuant to this Section may seek immediate judicial review pursuant to Code of Civil Procedure Section 1085 or Section 1094.5. The applicant is not required to exhaust his or her administrative remedies before the Board of Appeals. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 325-91, App. 9/4/91; Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 216-02, File No. 021460, App. 11/1/2002)

SEC. 1070.6. PRIVATE CLUB.

No establishment licensed pursuant to this Article may allow the premises to be used solely for the purpose of conducting a private club between the hours of 2:00 a.m. and 6:00 a.m. (Added by Ord. 252-70, App. 7/23/70)

SEC. 1070.7. SOLICITATION OF DRINKS OR MERCHANDISE.

(a) No operator of an extended- hours premises shall employ or permit any hostess, entertainer, or person to solicit any patron or customer of or visitor in said extended-hours premises to purchase any beverage or merchandise for the one soliciting or for any other person.

(b) No operator of an extended-hours premises shall employ any hostess or entertainer for the purpose of procuring or encouraging the purchase or sale of beverages or merchandise, or pay any such hostess or entertainer a percentage or commission on the sale of beverages or merchandise for procuring or encouraging the purchase or sale of beverages or merchandise on said premises. (Amended by Ord. 306-73, App. 8/6/73; Ord. 76- 98, App. 3/6/98)

SEC. 1070.8. SOLICITATION OF TRADE.

No operator of an extended-hours premises shall permit or allow or cause any employee of the extended-hours premises to solicit by personal solicitation or otherwise, or by means of any device whereby the voice of the person soliciting can be heard at or near such entrance. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98)

SEC. 1070.9. PROCUREMENT.

No person shall permit, procure, counsel, or assist any person to expose himself or herself. (Added by Ord. 252-70, App. 7/23/70)

(Nude dancing is a First Amendment protected activity; thus, this section is rendered Unconstitutional by all US Supreme Court Rulings and Circuit Court Rulings since the 1980s)

SEC. 1070.10. ATTIRE.

No person shall enter, be, or remain in any establishment licensed pursuant to this Article or required to be licensed pursuant to this Article, except when attired in such a manner that the pubic area, private parts, the crease of the buttocks are completely covered and are not visible to the human eye. (Added by Ord. 252-70, App. 7/23/70)

(Nude dancing is a First Amendment protected activity; thus, this section is rendered Unconstitutional by all US Supreme Court Rulings and Circuit Court Rulings since the 1980s)

SEC. 1070.11. LIGHTING.

Every establishment licensed pursuant to this Article shall be lighted throughout an intensity of not less than 12 footcandles during all hours of operation. (Added by Ord. 252-70, App. 7/23/70)

SEC. 1070.12. MISCELLANEOUS RULES.

No professional entertainer or employee may dance, unnecessarily converse, or associate with any customer on the premises in any extended-hours premises; provided, however, that a regularly scheduled audience participation type of entertainment may be presented during the time slated and in the manner described in an advertisement posted in a regularly printed program. Provided, further, that a copy of said advertisement shall be received by the Entertainment Commission 24 hours prior to the conducting of said audience participation entertainment. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.13. BOOTHS.

It shall be unlawful for any person operating an extended-hours premises under the provisions of this Article, in the City and County of San Francisco, or any agent, employee or representative thereof, to erect, construct, maintain, or cause or permit to be erected, constructed or maintained, within such extended-hours premises any private rooms, booths, enclosures or compartments, or any closed stalls, or any alcoves of any nature, so arranged that the inner portion of the same shall not at all times be visible from any point in the extended-hours premises where such rooms, booths, enclosures, compartments, stalls, or alcoves should be reasonably within view. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98)

SEC. 1070.14. POLICE; INSPECTION.

The Police Department, in addition to its several other duties, shall inspect any and all establishments licensed pursuant to this Article. (Added by Ord. 252-70, App. 7/23/70)

SEC. 1070.15. NOISE ABATEMENT.

Whenever, upon due notice and hearing, it shall be determined that noise from any establishment licensed under this Article interfered with the right of persons dwelling in the vicinity of such establishment to the peaceful and quiet use and enjoyment of their property, the Entertainment Commission may require that the premises be soundproofed in a manner that in the judgment of the Entertainment Commission will be effective to eliminate the noise or reduce it to a reasonable level. In taking any action under this Section, the Entertainment Commission must balance all of the interests of the respective parties, as well as the hardship which will result from any order, if the Entertainment Commission finds that the noise complained of is of a minimum or unconsequential degree, no action shall be taken under this Article. If a licensee fails, within a reasonable time and in no event more than 60 days after having been ordered to do so pursuant to this Article, to take such steps as were ordered to abate any noise, his license shall be suspended after a second hearing, due notice of which is given, until such time as he complies with the order. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.16. MINORS.

Except as provided in this Section, no person under 21 years of age shall enter, be, or remain in or on any premises operated as an extended-hours premises. A licensee shall not permit such a person to enter, be, or remain in or on any such premises except on Friday and Saturday nights there shall be a one-half hour grace period, until 2:30 a.m., for the departure from extended-hours premises of persons 18 to 21 years of age. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 192-89, App. 6/5/89; Ord. 76-98, App. 3/6/98)

SEC. 1070.17. SUSPENSION AND REVOCATION.

(a) Any permit issued under the terms of this Article may be suspended at any time by the Entertainment Commission if the Entertainment Commission determines after a noticed public hearing that any of the following conditions exist:

(1) The building, structure, equipment or location of the proposed extended-hours premises does not comply with or fails to meet all of the health, zoning, fire and safety requirements or standards of all the laws of the State of California or ordinances of the City and County of San Francisco applicable to such business operation; or

(2) The establishment has been operated in a manner that has harmed the public health, safety or welfare by significantly increasing pedestrian traffic, the incidence of disorderly conduct, or the level of noise in the area in which the premises are located, and the permittee has failed, after being requested by the Police Department or Entertainment Commission to do so, to take reasonable steps to alleviate these conditions, such as providing additional off-street parking, security, soundproofing, restroom facilities, or refuse containers; or

(3) The proprietor or persons in charge thereof have violated, permitted the violation, or failed to take reasonable steps, after being requested by the Police Department or Entertainment Commission to do so, to halt violations on the premises or in connection with the operation of the establishment, of any following laws of the State of California: Penal Code Sections 266h, 266i, 315, 316, 330, 337a, 657(b); Business and Professions Code Sections 23300, 25602, 25631, 25657, 25658; Health and Safety Code Sections 11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 11379.5; or, the proprietor or persons in charge thereof have implemented, maintained or permitted any admission or related policy or practice which violates Section 3305 of the San Francisco Police Code.

(4) The proprietor or persons in charge thereof have violated or permitted the violation of any other provision of this Article or of the permit, on the premises or in connection with the operation of the establishment.

(b) The penalty for the first violation under Subsection (a) within a period of six months shall be suspension of said permit for a period of 30 days. The penalty for the second violation within a period of six months shall be suspension of said permit for a period of 60 days. The penalty for the third and subsequent violations within a period of six months shall be suspension of said permit for a period of 90 days. For the purposes of this Subsection, calculation of the six months shall not include any period of time during which the permit was suspended.

(c) Any permit issued under the terms of this Article may be revoked at any time by the Entertainment Commission if it determines after a noticed public hearing that any of the following conditions exist:

(1) The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit;

(2) The permittee has failed to pay any fee or charge required under this Article; or

(3) The permittee has permanently ceased operation of the business.

(d) A revocation pursuant to Subsection (c) shall not prejudice the right of an applicant to apply for a new permit.

(e) The Entertainment Commission may not consider any request for emergency medical or ambulance services to treat a permittee's patrons as a basis for suspending a permit pursuant to subdivision (a). (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 325-91, App. 9/4/91; Ord. 76-98, App. 3/6/98; Ord. 81-00, File No. 000390, App. 5/5/2000; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.18. FORFEITURE OF FEE.

On revocation of the permit, no part of the permit fee shall be returned, but the said permit fee shall be forfeited to the City and County of San Francisco. (Added by Ord. 252-70, App. 7/23/70)

SEC. 1070.19. EXCEPTIONS.

The Entertainment Commission may grant an exception to an extended-hours premises as defined herein from the provisions of Sections 1070.11, 1070.13 and 1070.16 relating to lighting of the premises, booths and minors being on the premises if the Entertainment Commission shall find that the extended-hours premises is used exclusively for any of the following purposes:

(a) A bona fide public eating place as defined herein to which a public eating place permit has been issued by the Department of Public Health and where no admission charge is collected as defined in Section 1070(g).

(b) Extended-hours premises that are operated by any public agency or by any educational, recreational or social agency, or by any bona fide fraternal, charitable, or religious or benevolent or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political and civic welfare, to which admission is limited to members and guests and revenue accruing therefrom to be used exclusively for the benevolent purposes of said organization and which 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) Any determination as to the exception status of any applicant pursuant to this Section shall be made by the Entertainment Commission.

(d) A decision by the Entertainment Commission denying the exception from the regulations shall be final except that an appeal therefrom may be taken within 10 days to the Board of Review created by Ordinance No. 245-68. The Board of Review will consist of the Director of Administrative Services, the Controller and Assessor-Recorder. Any member of the Board may deputize in writing, filed with the Board, any member of his office to serve in his place on such Board or in such hearing as he may desire. A majority of the members of the Board shall constitute a quorum.

(e) The Board, in addition to its several other duties, shall have the power and it shall be its duty to hear and determine appeals from the decisions of the Entertainment Commission made upon petition for an exception from the regulations. The Board may affirm or reverse such decision by the Entertainment Commission or dismiss the appeals therefrom as may be just, and shall prescribe such forms, rules and regulations relating to appeals as it may deem necessary. In the review of the decision by the Entertainment Commission the Board may take such evidence and make such investigation as it may deem necessary. It shall give notice of its determinations in writing to the petitioner and shall file a copy of each determination with the Entertainment Commission. The determination shall become final 10 days thereafter. If the Board of Review concurs with the determination of the Entertainment Commission, the regulations shall become effective as an order or decision of the Entertainment Commission. If the Board of Review overrules the order or decision of the Entertainment Commission, the regulations shall not be enforced by the Entertainment Commission. (Added by Ord. 252- 70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.20. LIMITED SUSPENSION.

Any permit issued under the terms of this Article may be suspended for a period of 30 days by the Entertainment Commission if the Entertainment Commission determines after a noticed hearing that violation of the regulations or any provisions of the Municipal Code has occurred. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.20-1. LICENSE FEES.

Every permittee who conducts, permits or assists in conducting or permitting any extended-hours premises as defined, shall pay to the Tax Collector an annual license fee, payable in advance.

The license fee prescribed in this Section is due and payable on a calendar year basis starting 90 days after the effective date of this Article, prorated with regard to the calendar year on a monthly basis. Fees for new licenses issued after the first day of January, 1971, or in any subsequent calendar year shall be prorated with regard to the calendar year on a monthly basis. (Amended by Ord. 555-81, App. 11/12/81; Ord. 76-98, App. 3/6/98)

SEC. 1070.21. STAY ORDERS.

Notwithstanding Section 8, Part III, of the San Francisco Municipal Code, the action of the Entertainment Commission in suspending a permit for a period not to exceed 30 days shall not be suspended by an appeal to the Board of Appeals. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.22. TRANSFER OF PERMIT.

No permit shall be transferable except with the written consent of the Entertainment Commission. An application for such a transfer shall be in writing and shall be accompanied by the same filing fee as for an initial application. The written application for such transfer shall contain the same information as requested herein for an initial application for such a permit. (Amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.23. PERMIT REQUIRED.

All premises operating as an extended-hours premises as defined in Section 1070(a) herein are required to conform with all provisions contained in Sections 1070 through 1070.17 of this Article within 90 days of the effective date thereof, unless excepted pursuant to Section 1070.19; failure so to do shall make continued operation of said extended-hours premises establishment a violation of Section 1070.24 hereof.

New permits must be obtained from the Entertainment Commission as Sections 1070.1, 1070.2, 1070.3 and 1070.4 hereof provide. (Added by Ord. 252-70, App. 7/23/70; amended by Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.24. PENALTY.

Any person who violates any provisions of this Article shall be deemed guilty of a misdemeanor and upon conviction such person shall be punished by a fine of not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment. (Added by Ord. 251-70, App. 7/23/70)

SEC. 1070.25. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. (Added by Ord. 252-70, App. 7/23/70)

SEC. 1070.26. MORATORIUM ON THE GRANTING OF PERMITS.

Notwithstanding any provision of this Code, neither the Chief of Police, nor the Board of Appeals on appeal, shall grant or issue to any person a permit to own, conduct, operate, maintain or to participate therein, or to cause or permit to be conducted, operated or maintained, any extended-hours premises in the Moratorium Area described below in Subsection (a).

(a) Moratorium Area Described. The “Moratorium Area” includes the area bounded by Bush Street to the North, O'Farrell Street to the South, Taylor Street to the East, and Van Ness Avenue to the West, including the properties fronting on each side of O'Farrell, Bush, and Taylor Streets, but not including the properties fronting Van Ness Avenue.

(b) Sunset Provision. The moratorium provided by this ordinance shall expire on December 31, 2000 unless repealed or further extended by ordinance. (Added by Ord. 75-98, App. 3/6/98; amended by Ord. 217-00, File No. 001313, App. 9/8/2000)

SEC. 1070.27. EARPLUGS AND FREE DRINKING WATER.

If the location for which the extended hours premises permit is issued holds over 500 persons and contains a dance floor or other place primarily designated for dancing, the permit holder shall provide:

(a) Free cool drinking water to patrons by means of an automatic drinking fountain or by providing cups of water at all beverage service locations, or both; and

(b) Earplugs for free, or for sale on the premises at a reasonable price. (Added by Ord. 176-00, File No. 000477, App. 7/28/2000; amended by Ord. 215-02, File No. 021459, App. 11/1/2002)

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