Skip to code content (skip section selection)
Compare to:
San Francisco Overview
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 22H: DESIGNATION UNDER HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Charter
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 36D: GUN VIOLENCE RESTRAINING ORDERS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
CHAPTER 26.
DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
 
Findings.
Deemed Approved Off-Sale Alcohol Use Nuisance Regulations.
Definitions.
Automatic Deemed Approved Status.
Status of New Off-Sale Alcohol Uses.
Previously Non-Conforming Off-Sale Alcohol Uses.
Abandonment.
Deemed Approved Off-Sale Alcohol Uses in Existing Special Use or R Restricted Use Districts.
Notification to Owners of Deemed Approved Off-Sale Alcohol Uses.
Education and Outreach to Deemed Approved Off-Sale Alcohol Uses.
Informed Merchants Preventing Alcohol-Related Crimes and Tendencies – I.M.P.A.C.T.
Deemed Approved Performance Standards.
Violations of Deemed Approved Performance Standards.
Conditional Use Permits.
Operation of Administrative Hearings by the City Administrator.
Procedures for Conduct of Administrative Hearings and Appeals.
Notice of Administrative Hearings for Violations of Deemed Approved Performance Standards.
Form of Notice for Administrative Hearings and Appeals.
Conduct of Hearings.
Purpose of the Administrative Hearing.
Administrative Penalties.
Method and Form of Decision of the Hearing Officer.
Procedure for Consideration of Violations to Conditions Imposed on Deemed Approved Off-Sale Alcohol Uses.
Appeal to the Board of Appeals or Board of Supervisors.
Illegal Use.
Fee.
Deemed Approved Off-Sale Alcohol Use Continuing Project Account.
Departmental Reporting Requirements.
 
SEC. 26.1.  FINDINGS.
   The Board hereby finds and declares as follows:
      (1)   San Francisco has the highest ratio of off-sale alcohol uses per capita in California, the great majority of which are liquor stores; and,
      (2)   Nuisance and criminal activities such as drug dealing, public drunkenness, loitering, and other behaviors that negatively impact neighborhoods occur with disproportionate frequency at and around the premises of off-sale alcohol uses; and,
      (3)   Neighborhood character can change over time and the careful regulation of nuisance activity by off-sale alcohol uses will help to ensure that such uses do not contribute to the deterioration of neighborhoods; and,
      (4)   Poorly regulated off-sale alcohol uses increase the availability of alcohol in the communities in which they are located, and studies have demonstrated a link between the availability of alcohol and numerous negative consequences, including violence, fatal traffic crashes, and nuisance law violations; and,
      (5)   Research published in the American Journal of Public Health found that communities and neighborhoods that have a high number of bars and liquor stores per capita experience more violent assaults; and,
      (6)   Researchers at Columbia University found that 25 to 40 percent of all patients in U.S. general hospital beds (not in maternity or intensive care) are being treated for complications of alcohol-related problems; and,
      (7)   The Center for Substance Abuse Prevention has determined that the three leading causes of death for teenagers are associated with alcohol use: car crashes, homicides, and suicides; and,
      (8)   A study conducted by the Youth Leadership Institute found that 50 percent of stores in the South of Market, Tenderloin, and Mission neighborhoods of the City are not in compliance with the State's "Lee Law" which requires that no more than 33 percent of a liquor store's windows and doors are to be covered with any kind of advertising; and,
      (9)   The City currently lacks a targeted administrative mechanism to enforce its existing Alcohol Restricted Use Districts in the Mission, Haight, Third Street, Divisadero, and North of Market neighborhoods, and to enforce its existing nuisance laws based on the past activities of off-sale uses on a store-by-store basis through the attachment of conditions, the imposition of administrative penalties, or the revocation of use permits; and,
      (10)   Educational campaigns directed at off-sale alcohol uses have been shown to improve their appearance, reduce nuisance activity, and benefit the local community; and
      (11)   Off-sale alcohol uses operating outside of the law negatively impact those uses operating within the law and as good neighbors; and
      (12)   The City recognizes its responsibility to enforce the law and the need for a partnership with off-sale alcohol uses and the City, including the Police Department and the City Attorney, to address illegal activities in proximity to an off-sale alcohol use. The City also recognizes that there are occasions when owners and employees of off-sale alcohol uses would fear for their personal safety in requesting that persons engaging in illegal activities cease those activities; and
      (13)   Good faith efforts on the part of the owners and employees of off-sale alcohol uses to address illegal activities in proximity to their stores, including: timely calls to the Police Department; the installation of lighting and security cameras; clear unobstructed windows; and clean sidewalks, among others, can reduce the nuisance impacts of such off-sale alcohol uses; and
      (14)   Given the successful implementation of similar programs in other California municipalities, the Youth Leadership Institute worked with the Board of Supervisors to develop legislation to help San Francisco to address nuisances associated with off-sale alcohol uses.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.2.  DEEMED APPROVED OFF-SALE ALCOHOL USE NUISANCE REGULATIONS.
   The provisions of Chapter 26 shall be known as the "Deemed Approved Off-Sale Alcohol Use Nuisance Regulations." The purpose of these regulations is to promote the public health, safety and general welfare by requiring that businesses that sell alcoholic beverages for off-site consumption and that were permitted, conditionally permitted, or nonconforming uses before the adoption of these regulations, or that are permitted or conditionally permitted by the City after the adoption of these regulations, comply with the Deemed Approved Performance Standards as specified in Section 26.12 in order to achieve the following objectives:
      (1)   To protect adjacent neighborhoods from the harmful effects of nuisance activities often attendant to the sale of alcoholic beverages for off-site consumption.
      (2)   To provide opportunities for businesses that sell alcoholic beverages for off-site consumption to operate in a mutually beneficial relationship to each other and to other commercial and civic services.
      (3)   To provide mechanisms to address nuisance problems often associated with the sale of alcoholic beverages, such as litter, graffiti, unruly behavior, and escalated noise levels.
      (4)   To ensure that businesses that sell alcoholic beverages for off-site consumption are not the source of undue public nuisances in the community.
      (5)   To ensure that sites where alcoholic beverages are sold for off-site consumption are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment.
      (6)   To monitor off-sale alcohol uses to ensure that they do not substantially change their mode or character of operation.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.3.  DEFINITIONS.
   (a)   Alcoholic Beverage. Alcoholic beverage shall mean alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances, and the sale of which requires a State of California Department of Alcoholic Beverage Control License.
   (b)   Off-Sale Alcohol Use. Off-Sale Alcohol Use shall mean any retail use that sells beer, wine, or distilled spirits to a customer in a closed container for consumption off the premises and that has a State of California Alcoholic Beverage Control Board License type 20 (off-sale beer and wine) or type 21 (off-sale general).
   (c)   Deemed Approved Off-Sale Alcohol Use. Deemed Approved Off-Sale Alcohol Use shall mean a business or entity that uses a building, structure, or site, or portion thereof, for the sale of alcoholic beverages for off-site consumption.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.4.  AUTOMATIC DEEMED APPROVED STATUS.
   All businesses or entities engaged in the sale of alcoholic beverages for off-site consumption that are operating as permitted, conditionally permitted, or nonconforming uses prior to the effective date of this ordinance are now automatically Deemed Approved Off-Sale Alcohol Uses. Each such Deemed Approved Off-Sale Alcohol Use shall retain this status as long as it continues to comply with the Deemed Approved Performance Standards as specified in Section 26.12.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.5.  STATUS OF NEW OFF-SALE ALCOHOL USES.
   After the effective date of this ordinance all new permitted Off-Sale Alcohol Uses shall also be subject to the Deemed Approved Performance Standards as specified in Section 26.12 and shall receive the same notices and be subject to the same administrative procedures, penalties and fees as those Deemed Approved Off-Sale Alcohol Uses that were operating as permitted, conditionally permitted, or nonconforming uses prior to the effective date of this ordinance.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.6.  PREVIOUSLY NON-CONFORMING OFF-SALE ALCOHOL USES.
   Any Deemed Approved Off-Sale Alcohol Use that was previously considered to be a non-conforming use shall continue to be subject to those provisions of the Planning Code that govern non-conforming uses to the extent those provisions do not conflict with the provisions of this Chapter.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.7.  ABANDONMENT.
   Whenever a Deemed Approved Off-Sale Alcohol Use ceases to be operated continuously, or undergoes a substantial change in mode or character of operation, such Deemed Approved Off-Sale Alcohol Use shall not be resumed. A substantial change in the mode of character of operation shall not include:
      (1)   Changes in ownership or an owner-to-owner transfer of an Alcohol Beverage Control License.
      (2)   Re-establishment, restoration, or repair of an existing Off-Sale Alcohol Use on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or act of God.
      (3)   Temporary closure for not more than ninety (90) days for repair, renovation or remodeling, or in cases of vacation or illness.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.8.  DEEMED APPROVED OFF-SALE ALCOHOL USES IN EXISTING SPECIAL USE OR RESTRICTED USE DISTRICTS.
   Any Deemed Approved Off-Sale Alcohol Use operating in a zoning district of the City that further regulates off-sale alcohol uses shall continue to be subject to those regulations, where applicable, in addition to the regulations contained in this Chapter.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.9.  NOTIFICATION TO OWNERS OF DEEMED APPROVED OFF-SALE ALCOHOL USES.
   Within six months of the enactment of this legislation, and every year thereafter, the Police Department, in coordination with the Department of Public Health, shall notify the owner of each Deemed Approved Off-Sale Alcohol Use of the use's Deemed Approved status. Such notice shall be sent via U.S. mail and shall include a copy of the performance standards as specified in Section 26.12, notification that the Deemed Approved Off-Sale Alcohol Use is required to comply with the Deemed Approved Performance Standards, and notification that the Deemed Approved Off-Sale Alcohol Use is required to comply with all other provisions of the Deemed Approved Off-Sale Alcohol Use Regulations. As long as service is made following these procedures failure of any person to receive notice given pursuant to this Section shall not affect the Deemed Approved status of the use.
   The Police Department shall refer to the California Alcoholic Beverage Control Department's database of all active Type 20 and Type 21 Off Sale Retail Licenses in the City and County of San Francisco to determine the names and addresses of the operators of Deemed Approved Off-Sale Alcohol Uses.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.10.  EDUCATION AND OUTREACH TO DEEMED APPROVED OFF-SALE ALCOHOL USES.
   (a)   Within six months of the enactment of this legislation, the Director of the Department of Public Health, or his or her designee, in cooperation with the Chief of the Police Department or his or her designee, shall develop and implement an education and outreach program to educate Deemed Approved Off-Sale Alcohol Uses about the steps each use may take to operate as a good neighbor in their communities, to avoid nuisance behaviors, and to abide by requirements of this Chapter. This education and outreach program shall be based upon a public health/environmental approach to the prevention of alcohol-related nuisances. The education and outreach program shall be directed to all Deemed Approved Off-Sale Alcohol Uses, relevant business associations, and residential and commercial property owners and tenants within one block of a Deemed Approved Off-Sale Alcohol Use.
   (b)   The education and outreach program shall include
      (1)   The development and distribution of informational packets on the requirements and benefits of this Chapter and of other educational materials, including, but not limited to, culturally and linguistically appropriate informational posters, brochures, and other materials for display at Deemed Approved Off-Sale Alcohol Uses.
      (2)   Commencing within six months of the enactment of this legislation, biennially the Department of Public Health shall provide educational sessions for operators of Deemed Approved Off-Sale Alcohol Uses at multiple locations throughout the City. Operators of Deemed Approved Off-Sale Alcohol Uses who do not attend at least one educational session every two years shall receive an educational site visit from the Department of Public Health. This visit should be coordinated with and, when possible, conducted with Police Department personnel.
      (3)   Coordination of community stakeholder meetings, which should include representatives from City departments, Deemed Approved Off-Sale Alcohol Uses, business associations, the Small Business Commission, the Youth Commission, neighborhood associations and community organizations.
   (c)   The Police Department, in cooperation with the Department of Public Health, may promulgate additional education, outreach, and administrative requirements for Deemed Approved Off-Sale Alcohol Uses as are necessary to ensure successful implementation of the Deemed Approved Off-Sale Alcohol Regulations.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.11.  INFORMED MERCHANTS PREVENTING ALCOHOL-RELATED CRIMES AND TENDENCIES – I.M.P.A.C.T.
   Any training conducted by the Police Department under the California Department of Alcoholic Beverage Control's IMPACT program should, whenever possible, incorporate the requirements of the Deemed Approved Performance Standards.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.12.  DEEMED APPROVED PERFORMANCE STANDARDS.
   A use shall retain its Deemed Approved status if it conforms to all of the following Deemed Approved Performance Standards (hereinafter the "Performance Standards"):
   (a)   The owner, its employees, or agents does not participate in, or assist persons participating in, illegal activities within the premises or within the boundaries of the use's property line, including the sidewalk and areas between the use and the street, including, but not limited to, disturbance of the peace, illegal drug activity, illegal sale of firearms, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale or receipt of stolen goods, or theft, assaults or batteries.
   (b)   It does not result in repeated nuisance activities within the premises or within the boundaries of the use's property line, including the sidewalk and areas between the use and the street, including, but not limited to, accumulation of litter graffiti unabated within three days, excessive loud noises (especially in the late night or early morning hours), or calls for service to the Police Department not initiated by the Deemed Approved Off-Sale Alcohol Use.
   (c)   In an administrative hearing pursuant to this Chapter the City shall have the burden of proof to establish that the owner, its employees, or agents has participated in, or assisted persons participating in, the illegal activities outlined in Subsection 26.12(a) and/or that the use has resulted in the nuisance activity outlined in Subsection 26.12(b).
   (d)   No more than 33 percent of the square footage of the windows and clear doors of an Deemed Approved Off-Sale Alcohol Use shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that Law Enforcement Personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. This requirement shall not apply to premises where there are no windows or where existing windows are located at a height that precludes a view of the interior of the premises by a person standing outside the premises.
   (e)   For those Deemed Approved Off-Sale Alcohol Uses that are located within an existing Alcohol Use Restricted District as set forth in the Planning Code, it does not result in the violation of any applicable restrictions imposed on off-sale alcohol uses in that district.
   (f)   It does not result in the violation of Health and Safety Code Section 11570, which makes every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance a nuisance that shall be enjoined and for which penalties may be recovered.
   (g)   It does not result in the violation of Penal Code Section 11200, which makes every building or place used for purpose of unlawfully selling, serving, or giving away any spirituous, vinous, malt or other alcoholic liquor, and every building or place in or upon which such liquors are unlawfully sold, served or given away, a nuisance that shall be enjoined, abated and prevented, whether it is a public or private nuisance.
   (h)   It does not result in violations of local, State, or Federal regulations, ordinances, or statutes.
   A copy of these Performance Standards, provided by mail by the Police Department per Section 26.9, shall be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.13.  VIOLATIONS OF DEEMED APPROVED PERFORMANCE STANDARDS.
   If the City Attorney receives from the Director of the Planning Department, the Chief of Police, the Director of the Department of Public Health or the Director of the Department of Building Inspection, or the designee of any of these officials, a request to consider bringing an administrative hearing pursuant to Sections 26.1426.23 or prosecuting a Deemed Approved Off-Sale Alcohol Use for violations of City, State and/or Federal laws for violations of the Performance Standards specified in Section 26.12, or for violations of any condition that has been placed on a Deemed Approved Off-Sale Alcohol Use under the provisions of Sections 26.2026.21, the City Attorney may determine that it is appropriate to file a civil action against the Deemed Approved Off-Sale Alcohol Use and/or may determine that it is appropriate to bring the Deemed Approved Off-Sale Alcohol Use to an administrative hearing. At the administrative hearing, the City Attorney may request that a decision be issued ordering that the violations of the Performance Standards be corrected, that a decision be issued imposing administrative penalties against the Deemed Approved Off-Sale Alcohol Use, and/or that a decision be issued imposing conditions on the continued operation of the Deemed Approved Off-Sale Alcohol Use.
   In the event that the Deemed Approved Off-Sale Alcohol Use has, within the past three years, been the subject of an administrative hearing at which a finding of violation of the Performance Standards was made, at which conditions were imposed on the Deemed Approved Off-Sale Alcohol Uses' continued operations, and/or at which administrative penalties were imposed on the Deemed Approved Off-Sale Alcohol Use for violation of the Performance Standards, the City Attorney may request that an administrative hearing, as specified in Sections 26.1526.23, be held to consider the revocation of the Deemed Approved Off-Sale Alcohol Use's Deemed Approved status and/or request additional penalties or conditions.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.14.  CONDITIONAL USE PERMITS.
   In the event that the City Attorney receives a request to consider bringing an administrative hearing pursuant to Sections 26.1526.23, and determines that the alleged violations are violations of conditions imposed by the Planning Commission through the conditional use permitting process, the City Attorney shall refer its findings to the Planning Department for actions consistent with Planning Code Section 303. Notwithstanding the foregoing, any alleged violations that are not violations of conditions imposed by the Planning Commission through the conditional use permitting process shall be subject to the administrative hearing process in Sections 26.1526.23.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.15.  OPERATION OF ADMINISTRATIVE HEARINGS BY THE CITY ADMINISTRATOR.
   The City Administrator shall conduct administrative hearings provided for in the Deemed Approved Off-Sale Alcohol Use Regulations. All requests to the City Administrator by the City Attorney to schedule an administrative hearing shall be accompanied by sufficient information to allow the City Administrator to complete the Notice For Administrative Hearings as described in Section 26.17.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.16.  PROCEDURES FOR CONDUCT OF ADMINISTRATIVE HEARINGS AND APPEALS.
   (a)   The City Administrator shall appoint one or more neutral Hearing Officers to conduct administrative hearings. A neutral Hearing Officer shall be an impartial individual, without a vested interest in either the Deemed Approved Off-Sale Alcohol Use or a complainant against the Deemed Approved Off-Sale Alcohol Use, and may not be a current City employee. Notwithstanding the foregoing, a contracted Hearing Officer shall not be considered a City employee for the purposes of this Chapter. Within 10 days of receipt of a request from the City Attorney's office to conduct an administrative hearing, the City Administrator shall select a Hearing Officer to conduct the Administrative Hearing. The assigned Hearing Officer shall exercise all powers relating to the conduct of the administrative hearing unless or until the decision of the Hearing Officer is appealed to the Board of Appeals or the Board of Supervisors.
   (b)   A record of all administrative hearings shall be made by means of a permanent recording determined to be appropriate by the City Administrator or, in the case of appeals to the Board of Appeals, the Executive Director of the Board of Appeals or, in the case of appeals to the Board of Supervisors, the Clerk of the Board of Supervisors.
   (c)   Any party may have the administrative hearing recorded by a certified court reporter at his or her own expense. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee required by the certified court reporter.
   (d)   The Hearing Officer, the Board of Appeals, or the Board of Supervisors may grant hearing continuances of up to 30 days for good cause shown.
   (e)   For the purposes of this Section, the term party or parties refers to the City and County of San Francisco and the owner of the Deemed Approved Off-Sale Alcohol Use.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.17.  NOTICE OF ADMINISTRATIVE HEARINGS FOR VIOLATIONS OF DEEMED APPROVED PERFORMANCE STANDARDS.
   Within 15 days of the receipt of a request from the City Attorney to conduct an administrative hearing, the City Administrator shall send a notice to the owner of the Deemed Approved Off-Sale Alcohol Use of the time and place of the administrative hearing for violation of the Deemed Approved Performance Standards. The hearing date shall be set at the Hearing Officer's sole discretion, except that the hearing must commence within 60 days of the date the City Attorney requests the administrative hearing. The Hearing Officer may extend that 60 days period by up to 30 days at his or her discretion or if the City Attorney or the owner of the Deemed Approved Off-Sale Alcohol Use requests, within 5 days of receipt of the Notice of Administrative Hearing, to submit briefing to the Hearing Officer on the alleged violations of the Performance Standards. In the event that briefing is requested, the Hearing Officer shall inform the parties of a briefing schedule that will allow the Hearing Officer sufficient time to consider the briefing prior to the administrative hearing.
   Notice may be accomplished by personal service or by U.S. mail, or if both of these methods prove unsuccessful, then by posting the Notice of Administrative Hearing in a conspicuous place on the property. Notices shall include notification that conditions or administrative penalties may be imposed on the Deemed Approved Off-Sale Alcohol Use or that the Hearing Officer may consider revocation of the Deemed Approved status of the Off-Sale Alcohol Use. In addition, the City Administrator shall post the notice in accordance with those laws governing the noticing of meetings of policy bodies contained in Article II of Section 67 of the Administrative Code. As long as service has been made as set forth above, failure of any person or party to receive notice given pursuant to this Section shall not affect the validity of any proceedings hereunder.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.18.  FORM OF NOTICE FOR ADMINISTRATIVE HEARINGS AND APPEALS.
   The notice to the owner of the Deemed Approved Off-Sale Alcohol Use of the administrative hearing shall be substantially in the following form, but may include additional information:
   "You are hereby notified that an administrative hearing will be held before the [name of the Hearing Officer] on the day of ______ at the hour ______ to determine whether, due to violations of the Performance Standards, conditions should be imposed on the Deemed Approved Off-Sale Alcohol Use status of the business operated at ______ pursuant to the Deemed Approved Off-Sale Alcohol Use Regulations contained in the San Francisco Administrative Code, whether administrative penalties should be imposed, and/or whether the Deemed Approved Status of the Off-Sale Alcohol Use should be revoked. You may be present and give testimony at the hearing. You may be, but need not be, represented by counsel. In the event that you or the City Attorney requests to submit briefing prior to the administrative hearing, all parties will be notified of the briefing schedule set by _______, the Hearing Officer appointed in this matter."
   A brief statement of the reason(s) for the hearing shall also be included with the notice, including a list of which Performance Standards the Deemed Approved Off-Sale Alcohol Use is considered to be violating.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.19.  CONDUCT OF HEARINGS.
   In conducting an administrative hearing the Hearing Officer may take into consideration the oral testimony, written submissions of the parties, and other forms of documentary information. The Hearing Officer is not bound by the formal rules of evidence governing court proceedings. The Hearing Officer may provide for sworn testimony, cross-examination, or other procedural adjustments for the administrative hearing as he or she determines is appropriate.
   At any appeal from the decision of a Hearing Officer, the Board of Appeals, or the Board of Supervisors may take into consideration the oral testimony, written submissions of the parties and other forms of documentary information, the transcript of the administrative hearing, the written submissions made by the parties at the administrative hearing, the written decision of the Hearing Officer, an appeal letter setting forth those reasons why the appellant believes the Hearing Officer's decision is in error, and a written response to the appeal letter prepared by the respondents.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.20.  PURPOSE OF THE ADMINISTRATIVE HEARING.
   (a)   The purpose of the administrative hearing is to receive information as to whether the Deemed Approved Off-Sale Alcohol Use is in compliance with the Performance Standards.
   (b)   The Hearing Officer shall determine whether the Deemed Approved Off-Sale Alcohol Use is in compliance with the Performance Standards. Based on this determination, the Hearing Officer may continue the Deemed Approved status for the use in question, may impose administrative penalties for violations of the Performance Standards, may impose such reasonable conditions as are in the judgment of the Hearing Officer necessary to ensure compliance with the Performance Standards, and, in the event that the Deemed Approved Off-Sale Alcohol Use has within the past three years been the subject of an administrative hearing at which a finding of violation of the Performance Standards was made, may revoke the Deemed Approved Off-Sale Alcohol Use's Deemed Approved Status. If the Hearing Officer determines instead to impose further, new conditions on the Deemed Approved Off-Sale Alcohol Use, such conditions shall be based upon the information then before the Hearing Officer.
   (c)   In reaching a determination as to whether a use has violated the Performance Standards, or as to the appropriateness of imposing conditions on a use, revoking a use, assessing administrative penalties, or the amount of administrative penalties to assess, the Hearing Officer may consider:
      (1)   The length of time the Deemed Approved Off-Sale Alcohol Use has been out of compliance with the Performance Standard(s); and
      (2)   The impact of the violation of the Performance Standard(s) on the community; and
      (3)   Any information regarding the owner of the Deemed Approved Off-Sale Alcohol Use's efforts to remedy the violation of the Performance Standard.
   (d)   "Efforts to Remedy" shall include, but are not limited to:
      (1)   Timely calls to the Police Department that are placed by the owner of the Deemed Approved Off-Sale Alcohol Use, his employees, or agents.
      (2)   Requesting that those persons engaging in activities causing violations of the Performance Standards cease those activities, unless the owner of the Deemed Approved Off-Sale Alcohol Use, or his employees or agents feels that their personal safety would be threatened in making that request.
      (3)   Making improvements to the use's property or operations, including but not limited to the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, clear unobstructed windows, clean sidewalks, and graffiti abated within three days.
   (e)   The decision of the Hearing Officer shall be based upon all information received at the administrative hearing, including, but not limited to, information compiled by City staff, testimony from the owner of the Deemed Approved Off-Sale Alcohol Use, and the testimony of all other interested persons. Any conditions imposed by the Hearing Officer shall be a condition of the Deemed Approved Off-Sale Alcohol Use's continued operation. Any condition imposed by the Hearing Officer shall not be considered a suspension, revocation, or withdrawal of a Deemed Approved Off-Sale Alcohol Use's use permit.
   (f)   All determinations, decisions, and conditions made or imposed under this Chapter regarding the use of a Deemed Approved Off-Sale Alcohol Use shall run with the land; provided, however, that upon legal transfer of a use's State of California Department of Alcohol Beverage Control Board License, the fact that a use has been the subject of an administrative hearing at which a finding of violation of the Performance Standards was made may only be used as a basis for revoking the use's Deemed Approved Status within 18 months of the transfer or within three years of the prior administrative hearing, whichever is less.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.21.  ADMINISTRATIVE PENALTIES.
   The Hearing Officer may assess administrative penalties against the owner of the Deemed Approved Off-Sale Alcohol Use of no less than $500.00 and no more than $1,000.00 for each violation of a Performance Standard. If the violation is of a continuing nature, the Hearing Officer may impose a penalty for each day the violation remains.
   If payment of any administrative penalty imposed by the Hearing Officer is not received by the City Administrator within the period of time set forth in the decision, and the decision has not been appealed under the time periods set forth in Section 26.22, the City Administrator shall request that the Tax Collector pursue collection of the penalty and fee against the owner of the Deemed Approved Off-Sale Alcohol Use, up to and including imposition of a special assessment lien in accordance with the requirements of Article 26 of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230). In the event that the unpaid administrative penalty is owed by an owner of a Deemed Approved Off-Sale Alcohol Use who is not also the property owner of the building in which the use is located, the City Administrator may request that the City Attorney pursue collection of the penalties.
   Any administrative penalties collected under this Chapter shall be deposited in the Deemed Approved Off-Sale Alcohol Use Continuing Project Account, as set forth in Section 26.27.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.22.  METHOD AND FORM OF DECISION OF THE HEARING OFFICER.
   (a)   The Hearing Officer shall, within a reasonable time not to exceed thirty 30 days from the date the hearing is closed, submit to the City Administrator a written decision containing a brief summary of the information considered and the Hearing Officer's findings and conclusions, including any conditions that are to be placed on the Deemed Approved Off-Sale Alcohol Use and any administrative penalties to be imposed. The Hearing Officer's written decision shall also inform the parties of their right to appeal the written decision and describe the appeal process. The Hearing Officer's written decision shall be a public record. The City Administrator shall serve a copy of the decision on each party by personal service or by U.S. mail. Service of the decision shall be deemed complete at the time it is personally served or deposited in the mail with the correct amount of postage affixed. Failure to receive a copy of the decision served pursuant to this section shall not affect the validity of the decision. The City Administrator shall also provide a copy of the written decision to the Director of the Planning Department, the Chief of the Police Department, the Director of the Department of Public Health, the Director of the Department of Building Inspection, and the Board of Supervisors.
   (b)   The decision of the Hearing Officer shall become final ten days after the service of the decision is deemed complete unless appealed to the Board of Appeals, or, in the case of a decision to revoke a Deemed Approved Off-Sale Alcohol Use that was permitted as a conditional use, to the Board of Supervisors, in accordance with Section 26.24.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.23.  PROCEDURE FOR CONSIDERATION OF VIOLATIONS TO CONDITIONS IMPOSED ON DEEMED APPROVED OFF-SALE ALCOHOL USES.
   In the event of a failure to comply with any prescribed condition imposed by the Hearing Officer or with any Performance Standard, at the request of the City Attorney, another administrative hearing may be set. Notification of this hearing shall be in accordance with Sections 26.1726.18.
   The purpose of this administrative hearing is to receive information and determine whether violations to any condition attached to the Deemed Approved Off-Sale Alcohol Use have occurred. The hearing shall be conducted as provided in Sections 26.1526.22. The Hearing Officer may add to or amend the existing conditions based upon the information presented; may impose additional administrative penalties, or, alternatively, if the previous conditions were imposed within the three years prior to the City Attorney's request for an administrative hearing, may revoke the Deemed Approved Use's Deemed Approved status and/or impose administrative penalties. The provisions of Section 26.22 concerning the Hearing Officer's written decision shall be followed. The decisions of the Hearing Officer shall become final in the same manner as provided for in Section 26.22.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.24.  APPEAL TO THE BOARD OF APPEALS OR BOARD OF SUPERVISORS.
   A decision of a Hearing Officer, except a decision to revoke a Deemed Approved Off-Sale Alcohol Use that was permitted as a conditional use, may be appealed to the Board of Appeals in the manner prescribed in Article I of the San Francisco Business and Tax Regulations Code. A decision of a Hearing Officer to revoke a Deemed Approved Off-Sale Alcohol Use that was permitted as a conditional use may be appealed to the Board of Supervisors in the manner prescribed in Section 303 of the Planning Code. An appeal shall stay the decision of the Hearing Officer. All appeals must be in writing and shall state specifically any claims that there was an error or abuse of discretion by the Hearing Officer or why the Hearing Officer's decision is not supported by information contained in the record. Notice to parties of the public hearing on the appeal shall be delivered personally, or served or deposited in the mail with the correct amount of postage affixed. As long as service has been made as set forth above, failure to receive notice given pursuant to this section shall not affect the validity of any appeal hearing hereunder.
   The City Administrator shall forward a copy of the record before the Hearing Officer at the administrative hearing and a copy of the Hearing Officer's written decision to the Executive Secretary of the Board of Appeals or the Clerk of the Board of Supervisors at least 10 days before the date of the appeal hearing. If any party has obtained a certified transcript of the administrative hearing, that transcript may be submitted to the Executive Secretary of the Board of Appeals or to the Clerk of the Board of Supervisors by any party, no later than 10 days before the date of the appeal hearing, and shall be considered part of the record of the administrative hearing.
   The Board of Appeals or Board of Supervisors shall determine whether the Deemed Approved Off-Sale Alcohol Use conforms to the applicable Performance Standards and/or any conditions that have in the past been imposed on the Deemed Approved Off-Sale Alcohol Use, and may continue or revoke a Deemed Approved use and/or may impose conditions on the Deemed Approved Off-Sale Alcohol Use as are, in its judgment, necessary to ensure conformity to the Performance Standards. The Board of Appeals or Board of Supervisors may also continue, reduce, remove, or increase any administrative penalties that have been assessed by the Hearing Officer. The Board of Appeals or Board of Supervisors may not remove administrative penalties unless it also makes a finding that the Deemed Approved Off-Sale Alcohol Use in question is not in violation of any Performance Standards. In the event that the Board of Appeals or Board of Supervisors determines that the administrative penalties shall be increased, such a determination shall be based on specific information and based on the same factors listed in Section 26.21.
   The Board of Appeals or Board of Supervisors shall direct its staff to reduce their decision to writing within 10 days. The decision shall contain findings of fact, a determination of the issues presented, and any conditions to be imposed or administrative penalties to be paid. A copy of the decision shall be served on the parties by personal service or by U.S. mail. Service of this decision shall be deemed complete at the time it is personally served or deposited in the mail with the correct amount of postage affixed. As long as service has been made as set forth above, failure to receive a copy of the decision served pursuant to this section shall not affect the validity of the decision rendered herein.
   A decision of the Board of Appeals or Board of Supervisors is final. The Board of Appeals or the Board of Supervisors written decision shall apprise parties of their right to seek judicial review in the Superior Court of San Francisco pursuant to Section 1094.6 of the California Code of Civil Procedure. Any condition imposed by the Board of Appeals or the Board of Supervisors shall not be considered a suspension, revocation or withdrawal of a Deemed Approved Off-Sale Alcohol Use's permit to operate.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.25.  ILLEGAL USE.
   A Deemed Approved Off-Sale Alcohol Use, that has been finally revoked shall lose its Deemed Approved Off-Sale Alcohol Use Status and shall no longer be considered a legal use of the building, structure, site, or portion thereof, and shall cease operation immediately.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.26.  FEE.
   The owner of the Deemed Approved Off-Sale Alcohol Use shall be required to pay an annual fee of $264 to cover the cost of administering the Deemed Approved Off-Sale Alcohol Use Education and Outreach Program and the cost of the City Attorney. This annual fee shall be billed by and paid to the Office of the Treasurer and Tax Collector, which shall deposit the monies collected in the Deemed Approved Off-Sale Alcohol Continuing Project Account, as set forth in Section 26.27. In the event that the owner of the Deemed Approved Off-Sale Alcohol Use fails to pay the fee during a given fiscal year, the Office of the Treasurer and Tax Collector shall notify the Department of Public Health, which may request that the City Attorney pursue collection of the penalties.
   Beginning with fiscal year 2006-2007, the annual fee may be adjusted each year, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index, as determined by the Controller. No later than April 15th of each year, the Department of Public Health shall submit the annual fee to the Controller, who shall apply the price index adjustment to produce a new annual fee for the following year. No later than May 15th of each year, the Controller shall file a report with the Board of Supervisors reporting the new annual fee and certifying that: (a) the annual fee produces sufficient revenue to support the proposed costs of providing the services in the upcoming fiscal year for which the annual fee is being charged and (b) the annual fee will not produce revenue that exceeds the proposed costs of providing the services in the upcoming fiscal year for which the annual fee is charged. Notwithstanding the procedures set forth in this Section, the Board of Supervisors, in its discretion, may modify the annual fee by ordinance at any time. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
   A new Deemed Approved Off-Sale Alcohol Use or a Deemed Approved Off-Sale Alcohol Use that undergoes a change in ownership after the enactment of the Deemed Approved Off-Sale Alcohol Use Ordinance shall pay its first annual fee on a pro-rated basis reflecting the number of days left in the fiscal year. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
   Upon the request of the owner of a Deemed Approved Off-Sale Alcohol Use, the Department of Public Health may waive payment of the annual fee provided that the owner can show to the satisfaction of the Department of Public Health all of the following:
   (1)   That the Deemed Approved Off-Sale Alcohol Use has been under the same ownership for not less than the previous three years;
   (2)   That the annual fee for the Deemed Approved Off-Sale Alcohol Use has been paid in a timely manner for not less than the previous three years; and
   (3)   That the Deemed Approved Off-Sale Alcohol Use has not been the subject of a City Department-referred complaint or any administrative penalties or conditions imposed by a Hearing Officer, the Board of Appeals, or the Board of Supervisors under the provisions of this Chapter.
   If the owner of the Deemed Approved Off-Sale Alcohol Use can show all of the above, the Department of Public Health shall waive the fee indefinitely, provided, however, that if the Deemed Approved Off-Sale Alcohol Use changes ownership or becomes the subject of a City Department-referred complaint or any administrative penalties or conditions imposed by a Hearing Officer, the Board of Appeals, or the Board of Supervisors under the provisions of this Chapter the annual fee shall be immediately reimposed.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006; amended by Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
SEC. 26.27.  DEEMED APPROVED OFF-SALE ALCOHOL USE CONTINUING PROJECT ACCOUNT.
   (a)   Annual fees and administrative penalties collected by the City pursuant to this Chapter shall be deposited in a Deemed Approved Off-Sale Alcohol Use Continuing Project Account within the City's General Fund (Continuing Projects Fund). The Deemed Approved Off-Sale Alcohol Use Continuing Project Account shall be administered by the Department of Public Health.
   (b)   Annual fees deposited in the Deemed Approved Off-Sale Alcohol Use Continuing Project Account are to be expended to cover the cost to the Department of Public Health of administering the Deemed Approved Off-Sale Alcohol Use Education and Outreach Program and the costs of the City Attorney as set forth in this Chapter.
   (c)   Administrative penalties deposited in the Deemed Approved Off-Sale Alcohol Use Continuing Project Account are to be expended to cover the cost of code enforcement efforts by the City Attorney, additional education and outreach by the Department of Public Health to Deemed Approved Off-Sale Alcohol Uses beyond that specifically provided by Section 26.10, and other activities consistent with the intent of this Chapter.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)
SEC. 26.28.  DEPARTMENTAL REPORTING REQUIREMENTS.
   (a)   Beginning 18 months after the effective date of this ordinance, and annually thereafter, the City Attorney and the Department of Public Health shall each submit a report to the Board of Supervisors on the actions it has taken to implement this Chapter. The appropriate committee of the Board of Supervisors shall hold a hearing to review the report and potential amendments to this Chapter, based upon recommendations of the report and public comment.
   (b)   Beginning 12 months after the effective date of this ordinance, and annually thereafter, the Police Department shall submit a report to the Board of Supervisors, with a copy to the San Francisco Public Library for public review, that lists all Deemed Approved Off-Sale Alcohol Uses and the conditions and/or penalties placed upon each use, including conditions or penalties imposed through; an administrative hearing under this Chapter; an action of the Board of Supervisors, Planning Commission, Board of Permit Appeals, or California Alcohol Beverage Control; the inclusion of the use in an Alcohol Restricted Use District; or any other method.
(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)