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Commission continues Earworm Studios LLP request pending city-attorney opinion

San Francisco Entertainment Commission · October 15, 2013
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Summary

Barry Ward of Earworm Studios asked for a limited live-performance permit to regularize small movie nights and occasional acoustic shows; commissioners voted to continue the item to Nov. 5 so staff can obtain a city-attorney opinion on whether the studio’s operations qualify for an LLP.

The Entertainment Commission continued a request from Earworm Studios (Barry Ward) for a limited live-performance (LLP) permit, asking staff to obtain a city-attorney opinion on whether the venue, as currently operated, meets the code definition for an LLP.

Ward told the commission his small multimedia studio at 2010 Bryant Street hosts film nights and occasional acoustic music and that neighbors who signed petitions have not registered complaints. He said he wants the flexibility to charge admission and to offer prepackaged beverages or snacks alongside programming. “We are a small, multimedia facility,” Ward said, explaining the space doubles as a screening room and a recording studio.

Commissioners and police staff questioned which code provisions apply. Discussion centered on whether an LLP must operate as an accessory use to a primary function that serves food or beverages, or whether free entertainment at a fixed location requires licensing under the entertainment code. Inspector Edwards and Police staff indicated the studio had been visited by an inspector and that Ward sought to come into compliance.

Public commenter Stefano Casolato urged the commission to obtain an attorney opinion and recommended continuing the matter until legal guidance is available. Commissioners voted to continue the permit request and return to the Nov. 5 meeting with a city-attorney opinion clarifying whether the current activities require an LLP or other permit.

Next step: staff will request a city-attorney opinion and notify the applicant of the continuance and the Nov. 5 follow-up date.