Entertainment Commission backs limited live-performance permit, recommends ordinance citywide

The San Francisco Entertainment Commission voted to recommend a proposed limited live-performance permit ordinance to the Board of Supervisors and asked staff to work with the ordinance sponsor’s office on remaining concerns.

The commission’s motion, made by Commissioner Joseph and passed on a 4–2 roll call, urges adoption of Board of Supervisors File 11506 without neighborhood exclusions and directs staff to coordinate with Supervisor Mercarini’s office on issues raised by commissioners.

The ordinance (BOS File 11506), as introduced to the commission, would create a lower-cost permit for modest live performance as an accessory use in restaurants, cafes and other small businesses where entertainment is not the primary activity. Robert Selma, an aide in Supervisor Mercarimi’s office, told commissioners the permit is aimed at businesses that cannot afford current place-of-entertainment (POE) fees. “It creates a permit for a modest level of live performance in small businesses where it’s currently not allowed,” Selma said.

Key provisions discussed at length include a $385 application fee and a $139 annual renewal fee, a 200-square-foot limit on performance area, and a first-year limit on performances to 10:00 p.m. with the possibility of extension to midnight after a year without significant public-safety or nuisance problems. The proposal prohibits DJ performances as written and requires a 30-day neighborhood-notification posting and planning-department review with police consultation. Selma summarized procedural safeguards and the commission’s opportunity to impose site-specific conditions.

Supporters from the music and small‑business communities said the permit could help revive neighborhood venues and create more paid opportunities for musicians. Tom Murphy of the Recording Academy’s local advocacy committee said the change would “help both the city from a cultural standpoint as well as an economic development standpoint.” Musicians and local small-business advocates urged the commission to expand access citywide rather than limit the permit by geography.

Commissioners generally praised the policy goal but pressed for clearer noise and enforcement language. Commissioner Amico warned there is “no limit on amplification in this legislation” as drafted, and repeatedly asked whether the commission or city attorney could provide guidance on imposing decibel or wattage limits. Commissioners also debated whether removing conditional-use review in some neighborhoods would deny residents the planning commission’s more discretionary review and the ability to block incompatible uses.

The commission’s motion — made by Commissioner Joseph and seconded — included language directing the executive director to work with Supervisor Mercarini’s staff to address commissioner-raised concerns before the ordinance proceeds at the Board of Supervisors. The roll-call vote was: Benetti No, Joseph Aye, Newland Aye, Meeco No, Perez Aye, Rojas Aye. The motion passed, 4–2.

Next steps: The commission forwarded its recommendation to the Board of Supervisors; staff will coordinate with Supervisor Mercarini’s office and provide a follow-up report addressing amplification standards, enforcement penalties and the mapping/geographic concerns commissioners raised.