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(a) Establishment. The Mayor shall establish an Office of Cannabis under the direction of the City Administrator to oversee the implementation of laws and regulations governing cannabis in San Francisco. The City Administrator shall appoint a Director of the Office of Cannabis. The Office of Cannabis shall include such officers and employees as are authorized pursuant to the budgetary and fiscal provisions of the Charter.
(b) Duties and functions.
(1) The Director of the Office of Cannabis and/or his or her designee (“Director”) shall issue, deny, condition, suspend, or revoke such permits in accordance with applicable laws and regulations. The final decision of the Director regarding a permit may be appealed to the Board of Appeals in the manner prescribed in Article 1 of the San Francisco Business and Tax Regulations Code.
(2) The Director may impose reasonable conditions upon the issuance or renewal of cannabis business permits, consistent with applicable law and regulations, for the location and activities for which a permit is sought.
(3) The Director shall further coordinate with all relevant City departments, boards, and commissions for the conduct of any inspection or investigation necessary or appropriate for the full and fair consideration of applications for the issuance or renewal of permits under this Article XXVI. City departments, boards and commissions shall cooperate with the Office of Cannabis.
(4) The Office shall ensure that the perspectives of communities that historically have been disproportionately impacted by federal drug enforcement policies are included and considered in all policy decisions.
(5) By no later than November 1, 2017, the Director, in consultation with the Human Rights Commission and Controller, shall prepare and submit to the Board of Supervisors and the Mayor a report analyzing disparities in the cannabis industry based on race, income, economic status, gender, disability, sexual orientation, gender identity, and HIV/AIDS status. The report shall make recommendations regarding policy options that could (A) foster equitable access to participation in the industry, including promotion of ownership and stable employment opportunities in the industry (B) invest City tax revenues in economic infrastructure for communities that have historically been disenfranchised, (C) mitigate the adverse effects of drug enforcement policies that have disproportionately impacted those communities, and (D) prioritize individuals who have been previously arrested or convicted for marijuana-related offenses.
(6) By no later than November 1, 2017, the Director, in consultation with the Department of Public Health and the Controller, shall prepare and submit to the Board of Supervisors and the Mayor a report analyzing the unique needs of individuals who use cannabis for medicinal purposes. The report shall make recommendations on (A) preserving affordable and/or free access to medical cannabis patients, (B) ensuring medical cannabis patients continue to receive high-quality, appropriate care and (C) providing uninterrupted access to medical cannabis patients.
(7) By no later than January 1, 2020, and annually thereafter, the Director shall produce and submit to the Cannabis Oversight Committee a report evaluating the growth of the City’s cannabis industry. This report shall include, but need not be limited to, the following information, provided that the gathering or the disclosure of such information is not required where it would violate Federal or State law, and further provided that any reports derived from the data do not identify specific individuals:
(A) The total number of permits the Office of Cannabis granted in the prior 12 months in each permit category listed in Police Code Section 1607.
(B) The total revenue, including tax revenue, permitted Cannabis Businesses generated in the prior 12 months.
(C) The total costs the City incurred in processing Cannabis Business Permit applications in the prior 12 months.
(D) The total costs Cannabis Business Permit applicants incurred in the prior 12 months, associated with preparation, submission, and processing of Cannabis Business Permit applications.
(E) The average time for Cannabis Business Permit processing in the prior 12 months, measured from the date the Office of Cannabis receives an application for a Cannabis Business Permit through the date the Office of Cannabis grants or denies a permit.
(F) The total number and length of time in operation of permitted Cannabis Businesses that operated for 30 days or more in the prior 12 months, categorized by each permit category listed in Police Code Section 1607.
(G) The total number of employees directly employed by permitted Cannabis Businesses that operated for 30 days or more in the prior 12 months, categorized by job type or classification.
(H) The rate of pay and benefits of employees directly employed by permitted Cannabis Businesses that operated for 30 days or more in the prior 12 months, categorized by job type or classification.
(I) The total number of individuals in the City whose Cannabis convictions have been expunged in the prior 12 months.
(J) If available, the total number of permitted Cannabis Business owners, operators, and employees categorized by race and sex. The Director may request but not require Cannabis Business owners and operators to disclose such information. The Director may not consider such information in making any permit determination.
(a) Beginning January 1, 2018, the Office of Cannabis shall charge every applicant for a cannabis-related permit a non-refundable permit application fee. The Office of Cannabis shall also charge every business that receives a cannabis-related permit an annual license fee.
(b) The Office of Cannabis shall not collect any application or license fees under this Section 2A.421 until the Board of Supervisors enacts an ordinance establishing the amounts of those fees. No later than November 1, 2017, the Director, in consultation with the Controller, shall submit to the Board of Supervisors a proposed ordinance setting a schedule of permit application and annual license fees. The proposed fee schedule shall be calculated to recover but not exceed the City’s estimated costs of application-related and licensing-related activities, including but not limited to: administration, public outreach and education, development and maintenance of an online portal and application system, review and processing of applications and permit renewals, complaint resolution, inspections, enforcement activities, adjudication of appeals, and coordination with state agencies and other city departments. In developing this fee schedule, the Director shall estimate the number of permits and licenses to be issued per year, and consider any other information he or she determines appropriate in making the cost estimates referenced above.
(c) Beginning with fiscal year 2018-2019, the permit application and annual license fees set pursuant to subsection (b) of this Section 2A.421 may be adjusted each year on July 1, without further action by the Board of Supervisors. Not later than April 1 of each year, the Controller shall determine whether the current fees have produced or are projected to produce revenues sufficient to support the costs of application- related and licensing-related activities, and that the fees will not produce revenue that is significantly more than the costs of providing such services. The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue that is significantly more than such costs. The adjusted rates shall become operative on July 1.
Nothing in this Article XXVI is intended to limit or abridge the permitting, licensing, or inspection authority of any other City department over commercial businesses or real property.
Editor’s Note:
Ord. 168-17 inadvertently enacted two sections numbered as Section 2A.421, and Ord. 187-17 continued that duplicate numbering. To avoid conflicting use of that section number, Sections 2A.422 and 2A.423 have been redesignated by the Editor from their original designations of Sections 2A.421 and 2A.422, respectively.
In enacting and implementing this Article XXVI, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
Editor’s Note:
Ord. 168-17 inadvertently enacted two sections numbered as Section 2A.421, and Ord. 187-17 continued that duplicate numbering. To avoid conflicting use of that section number, Sections 2A.422 and 2A.423 have been redesignated by the Editor from their original designations of Sections 2A.421 and 2A.422, respectively.
Sec. 2A.431. | Office of Sexual Harassment and Assault Response and Prevention. |
(a) Establishment. There shall be a Mayor’s Office of Victim and Witness Rights (the “Office”) to coordinate services provided by the City to victims and witnesses of all types of crime. The Office shall be a department of the City, and shall include such officers and employees as are authorized pursuant to the budgetary and fiscal provisions of the Charter. The Mayor shall appoint a Director of the Office (the “Director”). The Director shall be a department head, and shall have the powers and duties given to a department head under the Charter and Municipal Code.
(b) Duties and functions. Except as otherwise provided in the Charter, and in addition to any other duties assigned by ordinance or pursuant to Charter Section 4.132, the Office shall have the following duties:
(1) Services to Victims and Witnesses.
(A) The Office shall itself provide, or shall monitor and coordinate the provision of, comprehensive services to victims and witnesses (referred to, collectively, as “clients”) of all types of crimes. Such comprehensive services shall include but not be limited to assisting to ensure compliance with Article I, § 28, section (b) of the California Constitution; translation services for non-English-speaking victims and witnesses and interpretation services for the deaf or hard of hearing; follow-up contact to determine whether a client received necessary assistance; field visits to a client’s home, place of business, or other location, whenever necessary to provide services; facilitation of volunteer participation in the provision of client services to encourage community involvement; and services to clients for their particular needs.
(B) The Office shall also oversee, or itself perform, the functions of, the Office of Sexual Harassment and Assault Response and Prevention (“SHARP”) as set forth in Section 2A.431.
(C) The Office is required to maintain the confidentiality of any information that is legally mandated to be kept confidential, and shall honor and protect the confidentiality of client information to the fullest extent that the law allows. The Office may notify clients orally and in writing that client information will be treated as confidential to the fullest extent permitted by law, but in no event shall the Office’s failure to provide such notice be deemed to waive a client’s right to confidentiality. Nothing in this subsection (b)(1) shall otherwise restrict the City’s ability to maintain the confidentiality of information where such confidentiality is permitted (but not required) by law.
(2) Consultation and coordination with public safety agencies; cooperation with other City departments; power to issue subpoenas. The Office shall consult and coordinate with all relevant City agencies, including but not limited to the Police Department, District Attorney’s Office, Sheriff’s Office, Adult Probation Department, Department of Public Health, Human Rights Commission, and Department on the Status of Women, as needed to provide effective services in the areas listed in Section 2A.430(b)(1) above. City departments shall cooperate with the Office in its performance of these duties. The Office shall also have the power and authority to subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence, and require by subpoena the production of books, papers, records or other items in furtherance of its duties. The Office shall have no authority to subpoena a crime victim for information regarding a crime of which the person is a victim.
(3) Survey. On at least an annual basis, the Office shall survey clients served by the Office for feedback regarding the quality, adequacy, and scope of services to clients provided, monitored, or coordinated by the Office. In conducting this survey, the Office shall seek input from community groups in evaluating whether the services to clients have been culturally competent and tailored to meet the priorities of historically underserved communities. No later than March 1 of each year, starting in 2025, the Office shall present to the Board of Supervisors a report summarizing the results of the survey covering the prior calendar year and the Office’s plan for adapting its operations to meet the needs identified in the survey, including the priorities expressed by members of historically underserved communities. At the time it submits the report, the Office shall make available to the Board of Supervisors the raw survey results used to compile the report. Such data shall be presented in deidentified form and may, at the discretion of the Office, be presented in aggregate form.
(4) City service evaluation. The Office shall, in coordination with other City departments, analyze survey results and other data reflecting the needs of clients and the degree to which specific categories of needs are being met by current City services, and shall recommend to the Board of Supervisors policies for addressing identified unmet needs. The Office’s evaluation and reporting procedures shall comply with the standards set forth in Part 4, Title 6, Chapter 4, Article 2 of the California Penal Code, as may be amended from time to time.
(5) Consolidation plan. No later than one year after appointment of a Director of the Office, the Office shall introduce at the Board of Supervisors an ordinance that describes a proposed plan for consolidating all City services for victims and witnesses under the Office, except those services provided by the Victim Services Division of the District Attorney’s Office.
(6) Other duties. The Board of Supervisors may modify the duties of the Office set forth in subsections (b)(1) through (b)(5), and may add to those duties or transfer any of those duties to other City departments, by ordinance approved by a majority of the Board.
(Added by Proposition D, 6/7/2022, Eff. 7/10/2022; amended by Ord. 249-24, File No. 240700, App. 10/24/2024, Eff. 11/24/2024)
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