The purpose of this chapter is to define the types of events
which are regulated and/or permitted within the city of South San
Francisco and to outline the application and permitting process for
each type of event subject to this chapter.
(Ord. 1497 § 2, 2015)
“Applicant”
means any person, firm, partnership, corporation, organization,
association, society, club, individual or group of individuals that
seeks an event permit from the city, through the police chief, to
host, conduct, organize, sponsor, promote, or advertise an event or
series of events governed by this chapter.
“Corporate event”
shall mean any activity, function, or event, conducted entirely
within a business, technology or office park or other corporate or
business building, space, or facility, exclusive of parking, loading,
and circulation areas, which activity, function, or event is not open
to the public, and is attended only by the host corporation’s
employees and/or direct or express invitees of the host corporation.
“Event”
means any organized activity, function or gathering of persons within the city, including special events, private events, corporate events, and those gatherings exempt from permit requirements under Section
6.48.040.
“Event permit”
means a permit issued for a “special event” or
“private event” pursuant to this chapter.
“Extraordinary security services”
means, as determined by the police chief, that at least one
South San Francisco police officer, or alternatively, private security
officer approved by the police chief, must be present during the event
to preserve and protect the safety and welfare of those in attendance
and in the community.
“Open to the public”
means during the event, the specific area or premises at
which the event is held are available for use by or accessible to
the general public, including, without limitation, business invitees,
with or without a fee or charge for admission or use of the area or
premises.
“Permitted event”
means any event for which a permit is required and/or has
been issued pursuant to this chapter.
“Persons financially interested”
means all persons who share in the profits, on the basis
of gross or net revenue, of the firm, partnership, corporation, association,
society, club, individual or group of individuals that are hosting,
providing, maintaining, organizing, allowing, conducting, promoting
or advertising a special event.
“Police chief”
means the chief of police of the city of South San Francisco
or designee.
“Private event”
means any one-time activity, function, or event that is likely
to be attended by seventy-five or more people and occurs in a rented
or leased hall or other venue and is contained within the facility
or private property and does not impact departments within the city
above and beyond a department’s regular day-to-day operations.
Private events include, without limitation, any non-exempt activity,
function, or event, occurring alone or as part of a business, conducted
for the purposes of holding the attention of, gaining the attention
of, or diverting or amusing guests or patrons, such as birthday parties,
weddings, or ceremonial events, and meets the following criteria:
(1)
The private event is not reasonably expected to obstruct, delay,
or interfere with the normal flow of pedestrian or vehicular traffic,
or otherwise fail to comply with traffic laws and controls;
(2)
The private event is not reasonably expected to require extraordinary
security services as determined by either the police chief or fire
chief because there is little threat to the public peace, health,
safety or general welfare;
(3)
The private event is not reasonably expected to have a common
or collective use, purpose or benefit that would involve the use of,
or have an impact on public property or public facilities and/or the
provision of city public safety services in response thereto.
“Special event”
means any activity, function or extraordinary event that
is likely to be attended by seventy-five or more people and impacts
one or more departments within the city, above and beyond a department’s
regular day-to-day operations. Special events include, without limitation,
any non-exempt activity, function, or event, occurring alone or as
part of a business, conducted for the purposes of holding the attention
of, gaining the attention of, or diverting or amusing guests or patrons
(e.g., an assembly, attraction, display, entertainment, demonstration,
carnival, circus, rodeo, or other traveling show, fair, festival,
food fair, cook-off, sporting event, concert or performance, or any
other planned occurrence) that is likely to meet any one or more of
the following criteria:
(1)
Obstruct, delay, or interfere with the normal flow of pedestrian
or vehicular traffic, or otherwise fail to comply with traffic laws
and controls;
(2)
Is reasonably expected to threaten the public peace, health,
safety or general welfare, or otherwise require extraordinary security
services, as determined by either the police chief or fire chief;
(3)
Sell or otherwise provide alcoholic beverages, including by
any charitable, civic, cultural, fraternal, patriotic, political,
religious, social, or amateur sports organizations; or
(4)
Has a common or collective use, purpose or benefit that involves
the use of, or has an impact on, other public property or facilities
and/or the provision of city public safety services in response thereto.
“Special event team”
means a group of designated representatives from, but not
limited to, the following city departments; police department, fire
department, planning department, building department, water quality
control, public works department, code enforcement, engineering department,
and parks and recreation department, who are responsible for evaluating
special event permit applications.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
Except for corporate events and events that are held in a private residence and not open to the public, every person, firm, partnership, corporation, organization, association, society, club, individual or group of individuals that intend to host, hold, allow, maintain, organize, conduct, promote or advertise any event, activity, or function that is reasonably expected to be attended by at least seventy-five people, regardless of whether the event, activity, or function is a “private event” or “special event” as defined in Section
6.48.010, shall notify the city police department at least thirty days prior to the event. Notification shall include the location, date(s) and time(s) of the event, the names and addresses of the persons charged with managing the event, the type of event, and the anticipated numbers of attendees.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
It is unlawful for any person to provide, maintain, organize, allow, conduct, promote or advertise any event constituting a special event or private event without first obtaining an event permit from the police chief, in accordance with the application procedures outlined in Sections
6.48.050 and
6.48.055. Any facility, establishment, corporation, or organization that hosts, leases or provides space for any special event or private event must also obtain or have obtained a valid and current business license from the finance department, in accordance with this title. Any corporation, organization, or association that organizes, facilitates, advertises or promotes any special event or private event must also obtain or have obtained a valid and current business license from the finance department, in accordance with this title. Issuance of a business license, as required by this chapter, shall comply with the procedures and be subject to the provisions of Division
I of this title.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
The following types of events shall not be required to obtain
event permits, provided that, in the sole discretion of the police
chief, no extraordinary security services are required and the event
will not otherwise adversely affect the public health, safety, or
welfare.
(1) An
event attended by seventy-four or fewer persons.
(2) An
event held in a private residence where no admission is charged and
the event is not advertised or open to the public.
(3) An
event provided for members and their guests at a private club having
an established membership and which is not advertised to non-members
or open to the public. For purposes of this section, private club
means corporations or associations operated solely for objects of
national, social, fraternal, patriotic, political, or athletic nature,
membership in which is by application and for which regular dues are
charged, and the advantages of which club belong to the members, and
the operation of which is not primarily for monetary gain.
(4) Religious
exercise hosted by a religious entity and held in the religious entity’s
facility.
(5) Events
held by commercial recreation uses and eating and drinking establishments
that are currently licensed and operating in accordance with a use
permit, to regularly provide specified entertainment activities at
fixed locations in the city. This exemption shall not apply to any
party, other than the lawfully permitted commercial recreation or
eating and drinking establishment, who provides, maintains, organizes,
allows, conducts, promotes or advertises any event to be held on the
premises of the lawfully permitted commercial recreation or eating
and drinking establishment.
(6) Events,
including events not open to the public, held in the restaurant area
at full service restaurants, where the restaurant provides food and
beverage services to event attendees who are served while seated.
This exemption shall only apply to dining activities, and shall not
apply to other types of activities, including, but not limited to,
dancing and live entertainment, regardless of whether such other activities
are held in the restaurant area. For purposes of this exemption, the
“restaurant area” shall be the physical location within
the establishment where, as part of the regular course of business,
the establishment provides food and beverage services to patrons who
order and are served while seated.
(9) Events
conducted by, sponsored by, or held to exclusively benefit any bona
fide club or organization that is exempt from taxation pursuant to
Internal Revenue Code Section 501(c)(3), 501(c)(4), or 501(c)(6),
when all proceeds, if any, arising from such event are used exclusively
for the benevolent purposes of such club or organization.
(10) Performances by students at educational institutions, as defined
by the
Education Code, where such performances are part of an education
or instructional curriculum or program.
(11) Book readings, book signings, and similar literary entertainment.
(12) Events sponsored or organized by any agency of the city, the county
of San Mateo, the various boards of education, or of any other political
subdivision of the state of California, acting within the scope of
their authorized function.
(13) Events held in or on a facility, establishment, or area, excluding public rights-of-way, that the applicant rents, leases, borrows, or otherwise directly contracts for the use of with, the city, the county of San Mateo, the various boards of education, or of any other political subdivision of the state of California, provided the events obtain any and all other permits and approvals that may be required for the event, including without limitation, permits required by Chapter
10.36 of the South San Francisco Municipal Code.
(14) Events held at the South San Francisco Conference Center, provided
the organizers of the event obtain any and all other permits and approvals
that may be required for the event.
(15) Any other event, series of events and/or specific type of event that
is exempted at the discretion of the police chief, based upon evidence
that the event or events will not impact police services and will
not adversely affect public health, safety and welfare.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
(a) Private
event permit applications shall be filed with the police department
of the city of South San Francisco, not less than thirty days prior
to the opening date of the event, except that the police chief may
accept late applications upon:
(1) The showing of good cause by the applicant;
(2) A determination that there is sufficient time for the city to process
and investigate the application; and
(3) If applicable, payment of the late application fee.
(b) Complete
applications for a private event permit shall include the following
information:
(1) The true names and addresses of all persons organizing or hosting
the private event.
(2) If the event is sponsored or promoted by an organization, the name,
address, and telephone number of the organization, and the contact
information for a responsible party of organization. If requested
by the police chief, written authorization to apply for an event permit
by an officer of the organization must be submitted with the application.
(3) The nature and purpose of the event.
(4) The exact location and address of the facility, establishment, or
area where the applicant will hold the event, including its boundaries.
(5) Date and estimated start and ending times of the event.
(6) The estimated number of persons attending the event and the maximum
number of persons, if any, to be allowed to attend the event.
(7) The extent and type of advertising and promotion of the event.
(8) Evidence of any required approvals or clearance from the State Alcoholic
Beverages Commission.
(9) Any additional information that the police chief determines is needed
to make a determination as to whether the event will require extraordinary
security services, or whether the event may otherwise adversely impact
the public health, safety, or welfare.
(c) Application
Fees. Each application for a private event permit shall be accompanied
by payment of, or a receipt showing that applicant has already paid,
a nonrefundable processing fee and, if applicable, any late application
fee, as set forth in the master fee schedule of the city adopted by
resolution of the city council.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
(a) The
police chief may impose conditions on events permits relating to the
operation of the permitted event, and necessary to protect the public
health, safety, and welfare. Conditions may include, but are not limited
to:
(1) The days, hours, location, or route of the event;
(2) The area of assembly and disbanding of parade or other event activities
occurring along a route;
(3) Accommodation of pedestrian or vehicular traffic, including restricting
the event to only a portion of a street traversed;
(4) Requirements for the use of traffic cones, delineators or barricades;
(5) Requirements for the provision of first aid or sanitary facilities;
(6) Requirements for use of event monitors, and providing notice of permit
conditions to event participants;
(7) Restrictions on the number and type of vehicles, animals, or structures
at the event, and inspection and approval of floats, structures, and
decorated vehicles for safety purposes;
(8) Compliance with animal protection ordinances and laws;
(9) Requirements for use of trash containers, recycling containers, cleanup,
and restoration of the facility, establishment or area;
(10) Requirements for separate entrances, exits, and restroom facilities
on the premises, or other similar restrictions designed to prevent
minors from obtaining alcohol are required;
(11) Restrictions on use of amplified sound;
(12) Notification to businesses and residences along the affected street(s);
(13) Compliance with any relevant ordinance or law, including obtaining
any legally required permit or license;
(14) Restrictions on the consumption of alcoholic beverages;
(15) The age of persons allowed to attend the event;
(16) Requirements for extraordinary security services at the event, including
how many security guards are required;
(17) Other similar conditions related to public health, safety and welfare.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
(a) The
police chief shall either grant, conditionally grant, or deny the
application for an event permit within fifteen days of receiving a
complete application. The permit may be denied for any of the following
reasons:
(1) The structure or building is by reason of its physical design unsuited
to ready police inspection; or
(2) The applicant has made any false statement in his or her application;
or
(3) The granting of a permit to the applicant in the location applied
for would be detrimental to the public health, safety, or welfare;
or
(4) The building or location fails to meet the required or applicable
city, county or state building, zoning or health laws or regulations;
or
(5) The specified facility, establishment or area does not meet with
the minimum standards, rules and regulations that have been formally
adopted by the State Fire Marshal for the prevention of fire or for
the protection of life and property against fire or panic; or
(6) The facility, establishment or area does not comply with all fire
ordinances and/or fire codes of the city, county or state; or
(7) The structure or building is by reason of its physical design unsuited
to ready fire safety inspection; or
(8) The applicant has not obtained or complied with the conditions of
required planning or zoning approvals or with other existing planning
division conditions; or
(9) The applicant has failed or refuses to comply with any city ordinance,
regulation or condition.
(b) Appeal.
The action of the police chief in denying an event permit shall be
subject to an appeal to the city manager. A written application for
such an appeal must be filed with the city clerk within ten days after
the denial of the permit. Upon failure to file such notice within
the ten-day period, the action of the police chief in denying the
permit shall be final and conclusive.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
The applicant for which an event permit has been approved shall
maintain in their possession during the event, the event permit and
any conditions, for inspection by the police and fire departments
upon request.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
Every organizer of a permitted event shall hire a South San
Francisco police officer or private security officers approved by
the city police chief, to be present during the event, unless in the
discretion of the police chief, the hiring of a South San Francisco
police officer or private security officer is not necessary to preserve
and protect the health, safety, welfare and morals of those in attendance
and the community. This discretionary waiver will take into consideration
the on-site presence of the permittee’s agent(s) during the
event, and their ability to control behavior.
If the nature of the permitted event requires hiring of city
regular or reserve police officers, the applicant shall deposit funds
with the city’s police department to cover projected security
costs prior to issuance of the event permit.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
Permitted events shall always be supervised continuously during
event hours by the permittee or his or her agent, which shall act
in permittee’s place and for which the permittee is responsible,
or by the person hiring the facility, establishment, or area regardless
of the fact that the person did or did not give consideration for
the hire of the facility, establishment, or area.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
All permitted events shall be open to city inspection at all
times without advance notice.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
The hours of operation, dancing and/or playing music shall be
restricted to those specified in the approved permit, and at no time
shall occur between the hours of one-thirty a.m. and eight a.m.
(Ord. 1430 § 1, 2010)
It is unlawful for any person conducting, maintaining or operating
a permitted event or having charge or control thereof, or for any
person employed in and about the same, to hold or conduct, or to cause
or permit to be held or conducted any permitted event unless such
event is illuminated by electric light.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
The maximum number of persons allowed to attend a permitted
event shall be the lesser of: (a) the maximum number of persons allowed
in the specified facility, establishment, or area prescribed in the
standards, rules and regulations that have been formally adopted by
the State Fire Marshal for the protection of life and property against
fire or panic; or (b) the number prescribed in all city fire codes
and ordinances; or (c) the number prescribed by the event permit.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
No person shall permit, cause, create, conduct or allow to be maintained a public nuisance in, upon, or in association with any permitted event. In addition to the definition of nuisances set forth elsewhere in this code, including, but not limited to, Section
6.48.180, a “public nuisance,” for the purpose of this chapter, includes boisterous conduct, and loud, unusual and discordant sounds that cause public annoyance or menace to public comfort, safety or welfare.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
The police chief shall have the right for cause to revoke or
suspend any event permit or approval, and order the event stopped
and terminated. Any revocation, suspension, or termination of the
event, shall be based on any of the grounds upon which the police
chief may deny an event permit, any violation of this chapter, or
any violation of the rules and regulations established by the event
permit. Any person whose event permit has been revoked shall not be
eligible to again be issued an event permit for a period of one year
from the date the revocation became final and conclusive. At the discretion
of the police chief, any facility, establishment, or area for which
an event permit has been revoked shall not be eligible to host, hold,
allow, maintain, organize, conduct, promote or advertise any event
that requires a permit under this chapter for a period of one year
from the date the revocation became final and conclusive.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
No business license or event permit issued under the terms of
this chapter shall be assignable or transferable.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
(a) Any violation of this chapter, including, but not limited to, providing, maintaining, organizing, allowing, conducting, promoting or advertising any event that requires a permit under this chapter without first obtaining an event permit, or doing so in a manner that conflicts or is inconsistent with an event permit issued for the event, including allowing more than the maximum number of persons prescribed by Section
6.48.150 to attend the event, is a threat to the public peace, health, safety and welfare, and shall constitute a public nuisance.
(b) In the event of a violation of this chapter, the police chief or any police officer at the scene shall have the discretion and authority to issue a notification and warning, issue a citation for violation, require the removal of persons from the facility, establishment, or area where the event is located, prevent persons from entering the facility, establishment, or area where the event is located, order the event stopped and terminated, and/or take any other action deemed reasonably necessary to protect the public health, safety, and welfare. The permit applicant and property owner of the facility, establishment, or area at which the event is located shall be jointly and severally liable for the actual costs of any and all city services, including police and fire service, required to enforce and remedy violations of this chapter. In addition to all other penalties authorized by this chapter, any person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter
1.24 of this code.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)
Nothing in this chapter shall relieve a person to whom an event
permit is issued from complying with all other city, county, state
and federal health, safety, sanitation, licensing and other law requirements.
(Ord. 1430 § 1, 2010; Ord. 1497 § 2, 2015)