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Tuesday, January 3, 2012

Why Is Jack in the Box any Concern of the Entertainment Commission?

Posted By on Tue, Jan 3, 2012 at 11:45 AM

click to enlarge Horrifying? Yes. Entertaining? Not really.
  • Horrifying? Yes. Entertaining? Not really.

As noted earlier on this page, local residents are aiming to scuttle the application of the Jack in the Box on Geary Boulevard to operate on a 24-hour basis. Most notably, it was the site of an after-hours spat that purportedly led an enraged patron to run over a state firefighter; following the hue and cry unleashed by that incident, it was revealed the fast food establishment did not possess the proper permits to operate past 2 a.m.

The eatery is now in the process of applying for the necessary permits; a hearing is scheduled before the Entertainment Commission on Jan. 10. This, however, necessitates the question: Why is this under the Entertainment Commission's purview? Visiting a Jack in the Box at 3 a.m. may be many things -- but not exactly "entertainment."

It turns out the definitions of "entertainment" -- and the jurisdiction of the Entertainment Commission -- are wider than you'd think.

Audrey Joseph, the vice chair of the body, notes that "we are a regulatory agency -- and we regulate a lot of stuff."

You want to blast protest songs or bellow through a bullhorn at your planned demonstration against the 1 percent? Hardly anyone's classic idea of an entertaining afternoon -- but you'll need to get your permits through the Entertainment Commission.

That's also the case if you're operating an establishment between the hours of 2 and 6 a.m. Per Municipal Police Code 1070 -- which is administered by the Entertainment Commission -- the following establishments fall under the definition of "extended-hour premises":

Every premises to which patrons or members are admitted or which allows

patrons or members to remain on the premises between the hours of 2:00

a.m. and 6:00 a.m. which serves food, beverages, or food and beverages,

including but not limited to, alcoholic beverages, for consumption on

the premises or wherein entertainment as defined in Subsections (b) and

(c) is furnished or occurs upon the premises.

That also includes "dance academies" where "instruction is given in ballroom or other types of dancing, whether given to the students in groups or individually" and a joint hosting "any act, play, review, pantomime, scene, song, dance act, song and dance

act, or poetry recitation, conducted or participated in by any

professional entertainer in or upon any premises to which patrons or

members are admitted."

click to enlarge Go home and come back at a decent hour!
  • Go home and come back at a decent hour!
Per this definition, it would seem a 24-hour postal annex or laundromat would be exempt. Whether a supermarket would be is less clear cut. Our calls to Entertainment Commission Executive Director Jocelyn Kane have not yet been returned.

Jack in the Box, however, clearly falls into the category of business that must plead its after-hours case to the Entertainment Commission. With a bevy of angry "concerned citizens" and the incredibly bad press emanating from the firefighter's near death hanging over the eatery, it may be an uphill battle.

Damage-control maven Sam Singer, the "Master of Disaster," tells SF Weekly Jack in the Box hasn't hired him yet. But there is plenty of time between now and Jan. 10.

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About The Author

Joe Eskenazi

Joe Eskenazi

Joe Eskenazi was born in San Francisco, raised in the Bay Area, and attended U.C. Berkeley. He never left. "Your humble narrator" was a staff writer and columnist for SF Weekly from 2007 to 2015. He resides in the Excelsior with his wife, 4.3 miles from his birthplace and 5,474 from hers.


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