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Entertainment commission updates enforcement options as administrative ticketing rules remain pending

San Francisco Entertainment Commission · May 25, 2010
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Summary

Staff told the commission the city’s Dec. 20 code change gave the Entertainment Commission administrative ticketing authority for some violations, but implementing rules and accounting steps remain pending with the city attorney and controller, delaying use of that tool.

The San Francisco Entertainment Commission heard staff say the city’s December code change grants the commission administrative-ticket authority for certain permit violations, but officials said the mechanism is not yet usable because the city attorney and the controller’s office must finish rules for issuing and receiving the revenue.

Director Davis reported the city attorney is preparing guidance and the controller needs procedures for accounting and deposits before the commission can issue administrative tickets. Until those steps are completed, SFPD retains the ability to pursue misdemeanor violations under police code 10.60 and staff will rely on the department for immediate enforcement.

Commissioners discussed whether the commission could require staggered closing times on Broadway to reduce late-night street crowding, but staff cautioned that planning-code conditional-use constraints and SFPD shift patterns (the department’s shift change around 2 a.m.) limit how far the commission can act unilaterally. Staff said any policy on staggered closings would require further legal review and outreach to affected venue owners and planning staff.

The report also listed recent written warnings and notices to venues for operating without permits or for noise violations; staff said enforcement will continue through coordination with SFPD and planning and that a pending legislative measure from Supervisor Chu—expected to give the commission revocation authority—will return to the commission when ready.