CRIME: AN EYE ON CRIME:
That's Entertainment? … Part 2

I wrote last month of the murder that took place on Nov. 1 at a nightclub on Scott Street. This month I will discuss some of the issues in licensing such clubs. Following the shooting, SFPD closed the club on an emergency basis. The Entertainment Commission then placed a significant number of extra conditions on the operation of the club, and the club’s owner appealed against the more stringent security plan. That appeal was withdrawn on Dec. 14, and the Marina Times reported last month that there are negotiations to sell the business.

According to Chapter 90 of the City’s Administrative Code, the role of the Entertainment Commission is to “… develop and recommend good neighbor policies that appropriately balance the benefits of late night entertainment with the need of the residents and businesses in the vicinity.”

To achieve that goal, two members of the commission are appointed specifically to “represent the interests of neighborhood associations.”

In the case of the club at issue, it appears that the extent of the Entertainment Commission’s efforts to involve the neighbors was to require a notice of intent to apply for an entertainment permit to be posted on the wall of the premises. The Marina Community Association has raised questions with the Entertainment Commission about the permitting process and has a promise that the MCA will be notified about any future permit applications.

Another issue that affects clubs such as this is the practice of “subleasing” the premises and its entertainment permit to a promoter. According to Supervisor David Chiu, “The lack of regulation over fly-by-night party promoters has led to avoidable tragedies. Over the past year, 80 percent of permits that the City suspended or amended to include additional safety requirements occurred after a serious public safety incident at a promoted event.”

On Dec. 14, the Board of Supervisors passed an ordinance requiring party promoters to register with the City. That will give the Entertainment Commission the opportunity to know who is actually organizing an event (other than the club owner), and whether the promoter has had problems at any prior event. The Commission will now have the power to place additional or more stringent conditions on an event.

One further change that might promote safer operation would be to give the responsibility for issuing entertainment permits back to SFPD, where it used to reside.

Alan Silverman is a Marina resident and a board member of the Marina Community Association. E-mail: [email protected]