[Promoting and Sustaining Music and Culture in San Francisco]
Charter amendment adding Section 16.128 to the City Charter to establish a music and culture sustainability policy that City officers, boards, commissions, and departments will implement; incorporate that policy into the City's General Plan; provide for development of a proposal for an on-line permitting system; and require review by the Entertainment Commission of new criteria for entertainment-related permits, licenses, and determinations; and amending Section 4.106 to provide that the Board of Appeals hears appeals involving permits or licenses issued by the Recreation and Park Commission pertaining to music or cultural events or other entertainment events.
Existing Law
1. The Charter does not contain, and the City does not have, a comprehensive policy for promoting and sustaining music and culture in San Francisco. Chapter 90 of the Administrative Code gives to the Entertainment Commission certain responsibilities for the promotion of enterainment-related events and venues.
2. The City does not have an on-line permitting system to simplify and expedite the permitting process as it relates to music and cultural events, nor any strategy in place for developing such a system.
3. There is no legal requirement that criteria for departments issuing licenses or permits or making determinations that are necessary for a music or cultural event to take place be reviewed by the Entertainment Commission.
4. The City's General Plan does not address, except occasionally and incompletely, the many essential components of promoting and sustaining music and culture in San Francisco.
5. The Board of Appeals does not hear appeals of license or permit decisions made by the Recreation and Park Commission or Department.
Amendments to Current Law
1. Music and culture sustainability policy. This Charter amendment would establish a music and culture sustainability policy that all City officers, boards, commissions, and departments would implement. Many types of venues and events are encompassed within the policy. The policy is comprehensive. It recognizes the importance of such venues and events to San Francisco's social fabric and economy. It commits the City to protecting such venues and events from displacement due to development, and to supporting and encouraging use of City property for such events. Further, it states that the City must be creative and expansive in recognizing the value of unique or different kinds of venues for such events, and that the City is supportive of venues and events that reflect the cultural diversity of San Francisco. In addition, the policy states that the City is supportive of innovative approaches to providing low-cost housing to those with an integral role in San Francisco's music and cultural life; educational programs that promote performance arts and education in media and digital arts and video and audio technology; and workforce development efforts between event organizers and the City. Moreover, it states that the City is supportive of research, including outside research, on the economic impact of music and cultural venues and events, and that the City is supportive of the advertising and promotion, including by those outside City government, of such venues and events. Finally, the policy commits the City to a system of coordinated policy development, event planning, and permitting for such venues and events, under the auspices of the Entertainment Commission.
2. Development of proposal for on-line permitting system. The Charter Amendment would create a working group of departmental representatives, chaired by the Executive Director of the Entertainment Commission or designee, to develop a plan for an on-line system that simplifies and expedites the permit process for music and culture venues and events. The plan would be proposed in time for consideration in conjunction with the budget to be adopted for the fiscal year beginning July 1, 2010.
3. Review of new permit criteria for entertainment-related permits, licenses, and determinations. The Charter amendment would require, beginning January 1, 2010, that any new criteria adopted by a City officer, board, commission, or department for issuance of an entertainment-related permit, or other permit or license that must be granted or determination that must be made for a music or cultural event or other entertainment event to take place, shall be subject to a hearing at the Entertainment Commission.
4. Incorporation of music and culture sustainability policy into General Plan. The Charter amendment would require that those aspects of the music and culture sustainability policy that relate to the future physical development of the City be incorporated into the City's General Plan. The Charter amendment provides for a process of amending the General Plan in this respect that includes the Planning Commission, Entertainment Commission, and Board of Supervisors.
5. Appeal of Recreation and Park licenses and permits. The Charter amendment would give the Board of Appeals power to hear and determine appeals with respect to licenses and permits under the jurisdiction of the Recreation and Park Commission or Department that must be granted for a music or cultural event or other entertainment event to take place. A permit applicant would not be required to file an appeal in order to seek judicial review of the Recreation and Park decision. Moreover, filing an appeal would not stay that decision. The Board would be required to hear and decide the appeal expeditiously, and would be precluded from rehearing the appeal.
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