(a) Rules and Regulations Authorized. Subject to the restrictions stated in subsections (b) and (c), the Department, in consultation with the Office of Economic and Workforce Development and the Human Rights Commission, may adopt Rules and Regulations related to the administration and enforcement of this Article 5.9, in order to further the purposes of this Article 5.9, and to promote public health, safety, or welfare. The Rules and Regulations may include but are not necessarily limited to:
(1) Standards for approving permits.
(2) Additional requirements regulating the time, place, and manner of Vending, including prohibiting Vending in certain locations, if the Rules and Regulations are directly related to objective health, safety, or welfare concerns.
(3) Notice requirements of new Rules and Regulations regarding the time, place, and manner of Vending, including locations where Vending is prohibited.
(4) The process for granting fee waivers.
(5) Requirements to maintain sanitary conditions.
(6) Requirements necessary to ensure compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336), as it may be amended, and other disability access standards.
(7) Requirements necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities.
(8) Requirements necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of a park.
(9) The process for selecting organizations to accept donated goods pursuant to Section 5.9-11(f)(3).
(10) Any other Rules and Regulations in order to further the purposes of this Article 5.9 and promote public health, safety, or welfare.
(b) Disapproval by the Board of Supervisors. Any Rules and Regulations adopted under the authority of subsection (a) shall be subject to disapproval of the Board of Supervisors by ordinance until August 31, 2022. The Department shall provide written notice to the Clerk of the Board of Supervisors of its adoption of any Rule or Regulation under subsection (a), along with a copy of said Rule or Regulation. If a Member of the Board of Supervisors does not introduce an ordinance to disapprove the Rule or Regulation within 30 days of the date of delivery of said notice to the Clerk of the Board of Supervisors, or if such an ordinance is introduced within the 30-day period but the ordinance is not passed on second reading by the Board of Supervisors within 90 days of the date of the Department’s delivery of notice to the Clerk of the Board of Supervisors, or, if so passed by the Board is not subsequently enacted by the City or does not become law, the Rule or Regulation shall go into effect.
(c) Approval by the Public Works Commission. Starting on September 1, 2022, any Rules and Regulations adopted under the authority of subsection (a) shall be subject to approval of the Public Works Commission.
(d) Port of San Francisco. The Port Commission and its Executive Director, in consultation with the Department, may adopt additional requirements regulating the time, place, and manner of Vending within the regulatory jurisdiction of the Port of San Francisco, including prohibiting Vending in certain locations, if the rules and regulations are directly related to objective health, safety, or welfare concerns. Such Rules and Regulations may impose, but are not limited to imposing, (1) further requirements to maintain sanitary conditions; (2) requirements necessary to ensure compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336), as it may be amended, and other disability access standards; (3) requirements necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities; or (4) requirements necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of a park.
(Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022)