(a) Shared Space Permit and License Fees. Pursuant to Section 94A.5(c)(1), a Shared Space Permit substitutes for a permit that would otherwise be required by the Municipal Code. Notwithstanding any other provision of the Municipal Code including Public Works Code Section 2.1.3, the permit and license fees may be adjusted each year, without further action by the Board of Supervisors, only to reflect changes in the relevant Consumer Price Index, as determined by the Controller.
(1) Public Works shall assess Sidewalk Shared Spaces permit and license fees using the fees authorized in Article 2.1 of the Public Works Code. The fees to be imposed shall be based on the proposed scope of the Sidewalk Shared Spaces Permit (e.g. sidewalk tables and chairs, or other appropriate permit types).
(2) The permit and license fee amounts for Curbside Shared Space Permits are set forth in Public Works Code Section 2.1.1(s) and shall be collected by the Tax Collector and due and payable as follows:
(A) The permit fees for Curbside Shared Spaces shall be due and payable upon the Tax Collector’s issuance of the bill following permit approval, and the annual license fees shall be due and payable annually on March 31, in accordance with Article 2, Section 76.1 of the Business and Tax Regulations Code, with the initial license fee, prorated as described in Section 76.1(a), being due and payable upon the Tax Collector’s issuance of the bill for that fee following permit approval.
(B) The permit and license fees for Curbside Shared Spaces shall be reduced by 50% for a person or combined group within the meaning of Article 12-A-1 of the Business and Tax Regulations Code if the person or combined group’s gross receipts within the City as determined under Article 12-A-1 reflected on the person or combined group’s most recently filed gross receipts tax return, business registration renewal, or initial business registration application did not exceed $2,500,000, adjusted annually in accordance with the increase in the Consumer Price Index: All Urban Consumers for the San Francisco/Oakland/San Jose Area for All Items as reported by the United States Bureau of Labor Statistics, or any successor to that index, as of December 31 of the preceding year, beginning with December 31, 2023. If no San Francisco gross receipts were reflected on a person or combined group’s gross receipts tax return, business registration renewal, or initial business registration application, such person or combined group will be treated as having $0 San Francisco gross receipts for purposes of this subsection (a)(2)(B).
(C) If a Permittee does not pay the permit fee within 30 days after it becomes due and payable, the Tax Collector shall add 10% to the amount of the permit fee as a penalty for nonpayment. If the permittee does not pay the fee within 60 days after it becomes due and payable, the Tax Collector shall add 15% to the amount of the permit fee as a penalty for nonpayment. If the permittee does not pay the fee within 90 days after it becomes due and payable, the Tax Collector shall add 25% to the amount of the permit fee as a penalty for nonpayment. If the permittee has failed for a period of six months or more to pay a permit fee, the Tax Collector shall impose an additional penalty of 25% on the amount of the delinquent permit fee, and shall refer the delinquent permittee to the Department of Public Works for administrative action on the permit. These penalties are mandatory and City officers and employees may not waive them in whole or in part. Licensees shall be subject to penalties for delinquent payment of license fees as provided in Article 2, Section 76.1 of the Business and Tax Regulations Code.
(3) The fees for Roadway Shared Space Permits shall be authorized by the Transportation Code.
(b) Increased Renewal Fees Based On Additional Enforcement Activities. When there have been three or more verified complaints in the prior year regarding the Permittee’s compliance with the terms of the permit, the Core City Agency that issued the permit is authorized to develop and charge an additional fee to any Permittee seeking renewal of their permit. The fee shall be based on the additional time and materials spent by City staff in enforcing the terms of the permit.