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Given the significant number of small businesses in the City and County of San Francisco, the Board of Supervisors finds:
(1) The City has a strong public interest in ensuring that small businesses operating public accommodations comply with applicable disability access laws, and in ensuring clear communications between Commercial Landlords and their Small Business Tenants regarding their respective responsibilities for disability access improvements.
(2) The City has a strong public interest in ensuring clear communication between Commercial Landlords and Small Business Tenants regarding the extent to which the Commercial Landlord has or has not implemented required disability access improvements prior to the start or renewal of a lease.
(3) The City has a strong public interest in protecting Small Business Tenants from unforeseen expenses and liabilities arising out of required disability access improvements.
(4) This Chapter is intended to ensure that: (i) public restrooms and ground floor entrances to and exits from real property leased to Small Business Tenants comply with applicable disability access requirements and that Commercial Landlords disclose any noncompliance with such requirements before a Small Business Tenant enters into or renews a lease for the property; (ii) Commercial Landlords and Small Business Tenants receive priority permit processing for work consisting primarily of disability access improvements; and (iii) every new and amended commercial lease between a Commercial Landlord and a Small Business Tenant for premises that will be used as a public accommodation clearly and expressly addresses the respective obligations of the parties regarding disability access improvements. This Chapter is further intended to help encourage and facilitate disability access improvements by Commercial Landlords and Small Business Tenants.
(Added by Ord. 187-12, File No. 111047, App. 9/11/2012, Eff. 10/11/2012)
(Former Sec. 38.1 amended by Ord. 205-86, App. 6/6/86; Ord. 76-03, File No. 020592, App. 5/2/2003; repealed and replaced by Ord. 199-04, File No. 040141, App. 8/5/2004; amended by Ord. 144-07, File No. 070133, App. 6/29/2007; Ord. 300-08, File No. 081155, App. 12/19/2008; amended and redesignated as Planning Code Sec. 411.2 by Ord. 108-10, File No. 091275, App. 5/25/2010)