SEC. 1036.5. DETERMINATION OF APPLICATION FOR A MECHANICAL AMUSEMENT DEVICE PERMIT.
(a) Upon receipt of an application for a mechanical amusement device permit, the Director shall promptly transmit a copy of the application, including notice of the hearing date in the case of an Arcade Permit application, to the Chief of Police or the Chief's designee, the Director of the Planning Department or the Director's designee, and, for those applications for permits to maintain for operation mechanical amusement devices which are wired for electricity, the Director of the Department of Building Inspection or the Director's designee.
(b) If the permit applicant has not obtained all permits required for the operation of the mechanical amusement device(s) from other City departments by the date of the hearing on the application for an Arcade Permit or by the date of the Director's decision for an Ancillary Bar Use Permit, the Entertainment Commission, or the Director as applicable, may grant a conditional permit pending the issuance of the other required City permits; provided, however, the Commission, or the Director as applicable, shall take this action only if sufficient information has been provided to allow for adequate evaluation of the application and if grounds for denial, as set forth in Subsection (c), are not present. No Person may operate an Arcade or Ancillary Use for which a permit has been conditionally granted unless and until the Person has obtained all permits and authorizations required from other City departments.
(c) The Entertainment Commission in the case of an Arcade Permit, or the Director in the case of an Ancillary Bar Use Permit, shall grant or conditionally grant the permit unless a finding is made that:
(1) The premises or the proposed operation of the Arcade or Ancillary Use does not comply with the health, zoning, fire and safety requirements of the laws of the State of California or City ordinances applicable to the Business;
(2) The building, structure, equipment or location of the proposed Arcade or Ancillary Use cannot adequately accommodate the type and volume of pedestrian traffic anticipated;
(3) The premises or the proposed operation of the Arcade or Ancillary Use would substantially interfere with the public health, safety and welfare or the peaceful enjoyment of neighboring property;
(4) If there is an unresolved citation applicable to the premises that has been issued by a City department, the permit shall not be granted without documented authorization from the department that issued the citation; or
(5) There has been a previous denial of a permit application or previous suspension or revocation of a mechanical amusement device permit for the same permit applicant within the last 12 months, or the specific circumstances surrounding a previous denial, suspension or revocation from more than one year ago warrant denial.
In the case of the Entertainment Commission's denial of an Arcade Permit, the Commission shall state in writing, or on the record at the hearing, the reason(s) for the denial. In the case of the Director's denial of an Ancillary Bar Use Permit, the Director shall state in writing the reason(s) for the denial. A permit applicant whose application has been denied may renew the application subject to the limitations set forth in Section 31 of the Business and Tax Regulations Code.
(d) If the Chief of Police or the Chief's designee, or the Director of the Department of Building Inspection or the Director's designee, objects in writing, or in the case of an Arcade Permit, at the Commission hearing, to the granting of the permit on the basis that one or more of the findings stated in Subsections (c)(1)-(5) above apply, the Commission, or the Director as applicable, may not issue the permit without specifically addressing the objection in writing or, in the case of an Arcade Permit, on the record at a Commission meeting, and explaining specifically why the objection does not warrant the finding.
(e) The Director shall forward to the Director of the Department of Building Inspection written notice of the conditional granting or denial of said permit if said mechanical amusement device is wired for electricity. The Department of Building Inspection shall promptly respond to requests from permit applicants for inspection of mechanical amusement devices wired for electricity.
(f) When the Entertainment Commission in the case of an Arcade Permit, or the Director in the case of an Ancillary Bar Use Permit, grants or conditionally grants a mechanical amusement device permit, the Commission or the Director as applicable may impose additional reasonable time, place and manner conditions on the permit. In considering whether to impose said conditions, the circumstances surrounding any previous denial of a permit application or previous suspension or revocation of a permit for the same permit applicant or Permittee shall be considered.
(g) If an applicant has been conditionally granted a permit but has not obtained all of the permits required from other City departments within nine months from the date that the Entertainment Commission in the case of an Arcade Permit, or the Director in the case of an Ancillary Bar Use Permit, conditionally granted the permit, the conditionally granted permit shall expire by operation of law and be void. If, during the nine-month period, the Director of the Department of Building Inspection objects to the application for a mechanical amusement device permit on the grounds that the permit does not comply with the San Francisco Building Code or Electrical Code , the applicant shall have the opportunity of correcting such conditions as have been disapproved and if such conditions have been corrected to the satisfaction of the Director of the Department of Building Inspection, the permit may be issued.
(h) Appeals.
(1) Arcade Permits. The Commission's granting, denial, suspension or revocation of an Arcade Permit, including a conditionally granted permit or an amendment to a permit, or the Commission's revocation of an Ancillary Bar Use Permit, may be appealed to the Board of Appeals within ten days of the decision of the Entertainment Commission, as provided in Section 8 of the Business and Tax Regulations Code.
(2) Ancillary Bar Use Permit. The Director's granting, denial or suspension of an Ancillary Bar Use Permit, including a conditionally granted permit or an amendment to a permit, may be appealed to the Entertainment Commission by filing a written request for review within five City business days of the Director's decision. The Entertainment Commission shall hear and decide the appeal as expeditiously as possible, but in no event later than 21 days after the date that the appeal is filed. The Entertainment Commission may reverse the Director's decision only upon a finding that there was either error or abuse of discretion on the part of the Director. The Entertainment Commission's decision on the appeal may be appealed to the Board of Appeals within ten days of the decision of the Commission, as provided in Section 8 of the Business and Tax Regulations Code.
(3) Exhaustion Not Required. Permittee or permit applicant may seek immediate judicial review of the actions described in Subsections (h)(1) and (h)(2) of this Section pursuant to California Code of Civil Procedure Section 1085 or Section 1094.8, as these provisions may be amended, including any successor provisions, or any other procedure provided by law. The Permittee or permit applicant may, but is not required to, exhaust his or her administrative remedies before the Entertainment Commission or before the Board of Appeals.
(Amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 195-14 , File No. 140776, App. 9/19/2014, Eff. 10/19/2014)
