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Commission reviews noise complaints, rooftop violation and options to better enforce sound rules
Summary
Staff reported repeated neighbor complaints at Royal Oak and Club 26, a rooftop DJ violation at the Virgin Hotel and weekend flea market complaints; staff said they will coordinate with SFPD, may use a sound-monitoring fee and are exploring code changes to clarify enforcement where venues lack entertainment permits.
SAN FRANCISCO — City staff told the Entertainment Commission on Wednesday that inspectors have investigated a string of neighborhood noise complaints and are considering new enforcement approaches in coordination with the police department.
Deputy Director Azavito outlined several locations drawing complaints. He said inspectors found Club 26 in compliance with its security conditions during weekend dispersal but noted the department lacks night inspectors Sunday–Thursday at 2 a.m. and has asked SFPD Mission Station for help. “Of the times that we have responded on the weekends, they are in compliance,” Azavito said.
Azavito said Royal Oak generated eight complaints since the last hearing and that it is playing streamed (not live) music with doors and windows open; inspectors determined it is not live entertainment and told owners they are not eligible for a permit of entertainment (POE) under the current zoning unless they pursue a conditional-use authorization. He said owners indicated they may apply for a Limited Live Performance authorization, but that peak crowds often arrive after 10 p.m.
At the Virgin Hotel, Azavito said Inspector Savino observed a DJ playing close to midnight; the venue’s POE limits rooftop entertainment to 10 p.m., and staff issued a notice of violation. Azavito also reported repeated complaints about a weekend flea market and said senior inspector Roberts will coordinate daytime inspections to determine whether a permit is required.
Commissioner Lee asked what recourse neighbors have when a location without a POE simply streams loud music; Azavito said inspectors typically collect contact information and seek voluntary compliance, but if owners refuse staff must engage the police. He added the department is reviewing code language to clarify enforcement where a business does not host entertainment and enforcement responsibility currently falls to police.
Azavito said the department can set sound limits for outdoor events and noted the possibility of cost recovery through an existing sound-monitoring fee if the police use departmental services. A commissioner suggested proactively licensing the flea market to convert a source of complaints into a permitted cultural event.
No formal enforcement policy changes were adopted at the meeting; staff said they will continue coordinating with SFPD and report back on any proposed code changes or fee-based monitoring plans.
