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San Francisco Overview
San Francisco Charter
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 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 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 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 11:
FRANCHISES
 
Article
FRANCHISE PROCEDURE
FRANCHISE FEES
PERMITS AND CONSTRUCTION
REPORTING REQUIREMENTS
RECORD REVIEW, RETENTION, AND ACCESS RIGHTS
CABLE SYSTEM REQUIREMENTS
MISCELLANEOUS PROVISIONS
VIOLATIONS OF THIS CHAPTER, A FRANCHISE, OR A UTILITY CONDITIONS PERMIT
 
ARTICLE I:
FRANCHISE PROCEDURE
 
Definitions.
Board Authority to Issue Franchises.
Franchise Required.
Exceptions to Franchise Requirement.
Failure to Obtain a Franchise.
Existing Franchises.
Continued Use after Expiration of Franchise.
No Exclusive Franchises.
Utility Conditions Permit.
Filing of Proposal.
Proposal Fee.
Proposal Contents.
Proposal Review Procedure.
Transfer Proposals.
Cable System Renewal Proposals.
Franchise Revocation.
Termination.
Removal of Facilities.
Foreclosure/Assignment for Creditor's Benefit/Appointment of a Receiver.
Confidentiality of Proprietary Information.
 
SEC. 11.1.  DEFINITIONS.
   For purposes of Articles I through VIII of this Chapter, and of any Franchise granted pursuant to this Chapter, the following terms, phrases, words, abbreviations, their derivations, and other similar terms, when capitalized, shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number. The words "shall" and "will" are mandatory. "May" is permissive. However, as applied to official action, the words "shall" and "will" shall be directory in effect. Unless otherwise expressly stated, words not defined herein shall be given their common and ordinary meaning. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. Unless otherwise expressly stated, if specific provisions of law referred to herein are renumbered or amended, then the reference shall be read to refer to the renumbered or amended provision.
   (a)   "Affiliate," when used in relation to any Person means another Person who owns or Controls is owned or Controlled by, or is under common ownership or Control with, such Person.
   (b)   "Applicable law" means all applicable federal, state, and City laws, ordinances, codes, rules, regulations and orders, as the same may be amended or adopted from time to time.
   (c)   "Applicant" means any Person submitting a Proposal pursuant to this Chapter.
   (d)   "Board" means the City's Board of Supervisors.
   (e)   "Bona Fide Institutional Lender" means any one or more of the following: (1) a savings bank, a savings and loan association, a commercial bank or trust company, an insurance company, a real estate investment trust, or any other Person which at the time a pledge in trust or mortgage is recorded in favor of such Person or Persons, has assets of at least $500 million in the aggregate (or the equivalent in foreign currency, and is regularly engaged in the financial services business; or (2) any special account, managed fund, department, agency or Affiliate of any of the foregoing. For purposes hereof: (1) acting in a "fiduciary capacity" shall be deemed to include acting as a trustee, agent, or in a similar capacity under a mortgage, loan agreement, indenture or other loan document; and (2) a lender, even if not a Bona Fide Institutional Lender, shall be deemed to be a Bona Fide Institutional Lender if, no more than thirty (30) City business days after such loan is consummated, the notes or other evidence of indebtedness or the collateral securing the same are assigned to a Person then qualifying as a Bona Fide Institutional Lender.
   (f)   "Cable Service" means the one way transmission to Subscribers of video programming or other programming service and subscriber interaction, if any, required to select or use such video programming or other programming service.
   (g)   "Cable System" means a Facility that consists of a set of closed transmission paths and associated signal generation, reception, and control equipment designed to provide Cable Service to multiple Subscribers. Except where expressly stated otherwise, Cable System includes an Open Video System. Cable System does not include: (1) a Facility that serves only to retransmit the television signals of one or more television broadcast stations, (2) a Facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934 (47 U.S.C. Sections 201except that such Facility shall be considered a Cable System to the extent such Facility is used to provide Cable Services; and (3) any Facilities of a gas or electric utility necessary or proper and used solely for: (i) the transmission, distribution, or supply of gas or electricity; or (ii) the transmission or collection of gas and electric usage and pricing information incidental thereto; or (iii) to provide services required by the City.
   (h)   "Cable System Franchise" means a Franchise authorizing construction, installation, or operation of a Cable System or the provision of Cable Service over a Cable System. "Cable System Franchise" includes an OVS Franchise, unless expressly excluded hereunder.
   (i)   "CPUC" means the California Public Utilities Commission.
   (j)   "City" means the City and County of San Francisco, a municipal corporation of the State of California.
   (k)   "Control" means the power to control the affairs and key decisions of another Person, in whatever manner exercised, whether directly or indirectly.
   (l)   "Department," in reference to a Cable System Franchise or any other communications-related Franchise, means the Department of Technology. In reference to any gas, electric, or steam Franchise, "Department" means the San Francisco Public Utilities Commission. In reference to any other type of Franchise, "Department" means the City department assigned by the Board to process the Proposal or administer the Franchise.
   (m)   "Facilities" includes any physical element used in connection with, or designed to be used in connection with, the provision of Services, whether or not located in the Public Rights-of-Way, including, without limitation, pedestals, cabinets, ducts and conduits (whether empty or occupied), transformers, equipment, drains, handholds, lines, line extensions, service drops, manholes, poles, power supplies and generators, splice boxes, surface location markers, vaults, tunnels, amplifiers, power guards, nodes, cables, and fiber optics (whether active or dark).
   (n)   "FCC" means the Federal Communications Commission.
   (o)   "Final Report" means a report submitted to the Board by the Department making a final recommendation upon a Proposal.
   (p)   "Franchise" means an authorization granted by ordinance of the Board to a Person to construct, install, or operate Facilities in the Public Rights-of-Way or to provide Services using Facilities installed in the Public Rights-of-Way. "Franchise" shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the City as required by other ordinances or laws of the City, including, without limitation:
      (1)   Any permit, agreement or authorization required in connection with operations on public streets or property such as permits and agreements for placing devices on or in poles, conduits or other structures, whether owned by the City or a private entity, or for excavating or performing other work in or along Public Rights-of-Way; and
      (2)   Express or implicit authorization to provide Service to, or install Facilities on, private property without owner consent.
   (q)   "Franchise Area" means the geographic area of the City in which a Franchise authorizes a Grantee to construct, install, or operate Facilities or to provide Services.
   (r)   "Franchise Fee" means a payment made to the City in accordance with Section 11.21 below. In the case of a UVPP, "Franchise Fee" shall mean a fee in lieu of a franchise fee, pursuant to 47 U.S.C. Section 573(c)(2)(B).
   (s)   "Grantee" means a Person granted a Franchise by the City, and any lawful permitted successor or assign.
   (t)   "Gross Revenues" means any and all income, receipts and other revenue of any kind or nature arising from or in connection with the operation of, or provision of Service using, Facilities in the Franchise Area and as may be more specifically defined in a Franchise except that when used in Section 11.28-A, "Gross Revenues" shall mean and refer to the definition of that term contained in California Public Utilities Code Section 5860(d), as amended.
   (u)   "Material Breach" means a breach of the Franchise that has a substantial and significant effect on the rights or benefits either party to the Franchise has secured pursuant to the Franchise. "Material Breach" shall include, but not be limited to, those breaches designated as such in the Franchise and this Chapter, except that when used in Section 11.83-A, "Material Breach" shall mean any substantial and repeated failures by a State Video Franchise holder to comply with standards specified in Section 11.83-A(a).
   (v)   "Open Video System" or "OVS" means a Cable System owned, operated, or Controlled by a Person certified by the FCC pursuant to 47 U.S.C. Section 573 and holding an OVS Franchise pursuant to this Article.
   (w)   "Operator" means any Person who: (1) provides Service over Facilities and either directly or indirectly owns, or has an Affiliate that owns, a significant interest in the Facilities; or (2) otherwise Controls, or is responsible for, through any arrangement, the operation or management of Facilities.
   (x)   "OVS Franchise" means a Franchise authorizing construction, installation, or operation of an Open Video System or the provision of Cable Service over an Open Video System.
   (y)   "Permittee" means a person granted a UCP.
   (z)   "Person" means any individual, group, company, partnership, association, joint stock company, trust, corporation, society, syndicate, club, business, or governmental entity. "Person" shall not include the City.
   (aa)   "Personal Wireless Service" means commercial mobile services provided under a license issued by the FCC.
   (bb)   "Personal Wireless Service Facilities" means antennas and related Facilities used to provide or facilitate the provision of Personal Wireless Service.
   (cc)   "Personal Wireless Service Facilities Site Permit" means a permit issued by the Department of Public Works authorizing a Person to construct Personal Wireless Service Facilities.
   (dd)   "Proposal" means any application proposal submission or request filed pursuant to the requirements of this Chapter to; (1) obtain a new Franchise; (2) Transfer a Franchise; (3) extend a Franchise; or otherwise modify a Franchise. A Proposal includes an Applicant's initial proposal, submission or request, as well as any and all amendments or supplements to the Proposal and relevant correspondence.
   (ee)   "Proposal Fee" means a charge to recover the City's actual costs of processing Proposals hereunder.
   (ff)   "Public Rights-of-Way" means the area in, on, upon, above, beneath, within, along, across, under, and over the public streets, sidewalks, roads, lanes, courts, ways, alleys, spaces, and boulevards within the geographic area of the City in which the City now or hereafter holds any property interest, which is dedicated to Public use and which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining Facilities to provide Service to customers.
   (gg)   "Required Service Area" means the geographic area of the City a Grantee must construct, install or operate Facilities in or provide Service in, pursuant to its Franchise.
   (hh)   "Revocation" means the City's affirmative act of Terminating a Franchise.
   (ii)   "Service" means any service provided on a Commercial or for hire basis using Facilities installed in the Public Rights-of-Way. "Service" includes without limitation: (1) leasing or, through any other arrangement, offering the use of a Facility installed in the Public Rights-of-Way (except for the mandatory provision of Facilities pursuant to 47 U.S.C. Section 224 or California Public Utility Commission orders) and (2) the transmission of electronic signals through Facilities installed in the Public Rights-of-Way, whether or not owned by Person providing service to Subscribers. "Service" shall not include Telecommunications Service, State Video Service or Personal Wireless Service.
   (jj)   "State Video Service" means video programming services, Cable Service, or OVS Service authorized under a State Video Service Franchise that is provided through Facilities located at least in part in Public Rights-of-Way without regard to delivery technology, including Internet protocol or other technology.
   (kk)   "State Video Service Franchise" means a franchise issued by the CPUC pursuant to California Public Utilities Code Section 5800, et. seq.
   (ll)   "Subscriber" means the City or any Person who legally receives any Service.
   (mm)   "Telecommunications Service" means any service subject to regulation by the CPUC or the FCC as a telecommunications service and provided to customers by a telephone corporation regulated by the CPUC.
   (nn)   "Termination" means the conclusion of a Franchise by any means, including, but not limited to, by expiration of its term, abandonment, or Revocation.
   (oo)   "Transfer" means any transaction in which: (1) all or a portion of any Facilities or any rights to use or operate Facilities located in the Public Rights-of-Way are sold, conveyed, transferred, assigned, encumbered (except as set forth herein) or leased, in whole or in part, directly or indirectly, by one or more transactions to another Person, whether voluntarily or by operation of law or otherwise; or (2) there is any change, acquisition, or transfer in the identity of the Person in Control of the Grantee, or any Person that controls Grantee, including, without limitation, forced or voluntary sale, merger, consolidation, or receivership; or (3) the rights or obligations under the Franchise are sold, conveyed, transferred, assigned, encumbered (except as set forth herein) or leased, in whole or in part, directly or indirectly, by one or more transactions to another Person, whether voluntarily or by operation of law or otherwise. It will be presumed, for purposes of clause (2) above, that any transfer or cumulative transfer of a voting interest by a Person or group of Persons acting in concert of twenty-five percent (25%) or more of Grantee, or Person that Controls Grantee, or any change in the managing general partners of a Grantee is a change of Control. "Transfer" does not include: (1) a lease to a UVPP pursuant to 47 U.S.C. Sections 532 or 573; (2) the transmission of a commodity or electronic signal using Facilities on a common carrier basis; (3) a lease or other right to use Facilities mandated pursuant to 47 U.S.C. Section 224, California Public Utilities Code Section 767.5, or by an order of the CPUC; or (4) a pledge in trust, mortgage or other encumbrance against the Facilities, or any portion thereof, given to a Bona Fide Institutional Lender in connection with a loan or other financing required to secure the construction, operation, or repair of the Facilities ("Loan") provided that such Loan is subject to the rights and powers of the City pursuant to the Franchise and Applicable Law, including, without limitation, the right of the City to approve any Transfer pursuant to Section 11.14 below upon foreclosure. "Transferring" and "Transferee" shall have correlative meanings.
   (pp)   "Unaffiliated Video Programming Provider" or "UVPP" means any Person who uses capacity on a franchised Cable System to deliver Cable Service or other communications service (as that term is used in 47 U.S.C. Section 542(h)) to Subscribers and who is not an Affiliate of the Grantee.
   (qq)   "Utility Conditions Permit" or "UCP" means a permit issued by the Department of Public Works authorizing a Person to construct, install, and maintain specific Facilities in the Public Rights-of-Way.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000; Ord. 214-07, File No. 070904, App. 9/21/2007; Ord. 99-09, File No. 090287, App. 6/19/2009)
SEC. 11.2.  BOARD AUTHORITY TO ISSUE FRANCHISES.
   Pursuant to Charter Section 16.111, the Board has the power by ordinance to grant any Person a Franchise, or renew, extend, transfer, or amend a Franchise, to authorize use of the Public Rights-of-Way to provide service. This Chapter 11 sets forth the procedural and substantive rules the Board will apply in exercising this power. Nothing in this Chapter may be deemed or construed to compel the grant of a Franchise.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.3.  FRANCHISE REQUIRED.
   Except as provided in Section 11.4 below, no Person may construct, install, or operate Facilities in the Public Rights-of-Way, or provide Service using any Facilities installed in the Public Rights-of-Way, without a Franchise that authorizes each and every Service provided. Any Person using Facilities owned by another Person to provide Service, whether by lease or other arrangement, shall be required to obtain a Franchise pursuant to this Chapter. A Grantee may, at any time and pursuant to this Chapter, apply to expand the scope of its Franchise, subject to appropriate conditions, or apply for a separate Franchise to provide other Services. The fact that a Person uses Facilities to provide Service not requiring a Franchise does not obviate the need to obtain a Franchise where the Facilities are also used to provide other Services.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.4.  EXCEPTIONS TO FRANCHISE REQUIREMENT.
   The following shall not be required to obtain a Franchise under this Chapter:
   (a)   The City;
   (b)   A UVPP that is only delivering Cable Service or other communications service (as that term is used in 47 U.S.C. Section 542(h)) to Subscribers;
   (c)   Persons using Facilities solely to provide only Telecommunications Services unless and until Applicable Law permits local governments to require telephone corporations in California to obtain a local Franchise or pay fair and reasonable compensation for the use of the Public Rights-of-Way in connection with the provision of Telecommunications Service;
   (d)   Persons using Facilities solely to provide Service to themselves, and not to any third parties on a for hire or commercial basis;
   (e)   Persons, other than Operators of a Cable System, using Facilities installed in the Rights-of-Way where:
      (1)   Such Person, or its Affiliates, do not or will not own directly or indirectly, a significant interest in Facilities installed in the Rights-of-Way and are not responsible for the installation or maintenance of Facilities in the Public Rights-of-Way; and
      (2)   The Facilities used by such Person have been authorized to occupy the Public Rights-of-Way for the purposes for which they are being used;
   (f)   Persons using any portion of Facilities installed in the Public Rights-of-Way to provide Service where:
      (1)   Such Facilities are covered by a Franchise; and
      (2)   Such Person agrees, in writing in a form acceptable to the City Attorney, to be bound by the terms and conditions of such Franchise as a Grantee under such Franchise and for purposes of this Chapter; and
   (g)   Persons who hold an encroachment permit, or other valid permit or Permission, issued by the Department of Public Works or the Board, consistent with Applicable Law, allowing them to place all of the Facilities at issue in the Public Rights-of-Way, so long as such Facilities are limited to those of a specified type and size and placed only at specifically authorized and discrete locations in the Public Rights-of-Way.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.5.  FAILURE TO OBTAIN A FRANCHISE.
   Consistent with the requirements of due process, a Person's failure to obtain a Franchise as required by this Chapter may, in the City's discretion, result in:
      (1)   Forfeiture, by operation of law, of the Person's Facilities located in the Public Rights-of-Way that are not authorized by an existing Franchise; and/or
      (2)   A requirement that the Facilities be removed, and that penalties and damages be paid.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.6.  EXISTING FRANCHISES.
   Grantees of Franchises existing as of the effective date of this Chapter shall, in addition to all the obligations and duties prescribed by the terms of their existing Franchises, be subject to the substantive and procedural requirements herein, except as prohibited by Applicable Law. Nothing herein is intended to invalidate a lawful, existing Franchise or to waive any obligations imposed by such a Franchise. Notwithstanding the foregoing, provisions of this Chapter that expressly refer to a "Franchise granted pursuant to this Chapter" shall not apply to Franchises initially granted prior to the effective date of this Chapter.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.7.  CONTINUED USE AFTER EXPIRATION OF FRANCHISE.
   So long as a Grantee is seeking in good faith to renew a Franchise, upon expiration of a Franchise, the continued use by a Grantee of the Public Rights-of-Way shall continue on a month-to-month basis, for a maximum of twelve (12) months, under the same terms and conditions, and for the same consideration, as provided in the expired Franchise, unless the Franchise has been Revoked or unless otherwise determined by ordinance of the Board.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.8.  NO EXCLUSIVE FRANCHISES.
   A Franchise is nonexclusive and shall not explicitly or implicitly preclude the issuance of other Franchises or preclude the City from installing, constructing, operating, and/or maintaining its own Facilities.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.9  UTILITY CONDITIONS PERMIT.
   (a)   Required for Providers of Telecommunications Service, State Video Service and Personal Wireless Service. The Department of Public Works shall require a Person to obtain a Utility Conditions Permit prior to the construction, installation, or maintenance of Facilities in the Public Rights-of-Way that will be used to provide Telecommunications Service, State Video Service or Personal Wireless Service. UCPs shall be issued by the Department of Public Works in a manner consistent with Applicable Law to Persons who are willing to comply with the City's requirements regarding the physical use and occupation of the Public Rights-of-Way and who have: (A) authority to occupy the Public Rights-of-Way pursuant to California Public Utilities Code Section 7901; (B) authority to occupy the Public Rights-of-Way pursuant to California Public Utilities Code Section 5885; or (C) a license to provide Personal Wireless Service issued under Federal law. Persons intending to construct, install, or maintain Facilities to provide Telecommunications Services, State Video Service or Personal Wireless Service shall prove their legal right to occupy and use the Public Rights-of-Way by providing the Department of Public Works a copy of their current: (a) certificate of public convenience and necessity issued by the CPUC (which shall expressly state the Person's authority to provide facilities-based Telecommunications Service); (b) State Video Service Franchise issued by the CPUC; or (c) license to provide Personal Wireless Service issued by the FCC. The Department of Public Works shall include in a UCP such conditions, in addition to those already set forth in Applicable Law, as may be required to govern the Permittee's construction, installation, or maintenance of Facilities in the Public Rights-of-Way to protect and benefit the public health, safety and welfare. The terms and conditions of a UCP shall be limited to those areas consistent with the City's authority under Applicable Law. A UCP shall have a term of no longer than two (2) years and may be renewed in accordance with requirements established by the Department in the UCP. A UCP shall provide that the Permittee is not entitled to construct, install, or maintain Personal Wireless Service Facilities in the Public Rights-of-Way without obtaining a Personal Wireless Service Facility Site Permit under Article 25 of the San Francisco Public Works Code.
   (b)   UCP Fee. Any Person required to obtain or renew a UCP shall pay to the Department of Public Works a non-refundable application fee of two thousand dollars ($2,000.00) to compensate the City for all costs (including the City Attorney's costs) related to:  (A) establishing the Person's authority to occupy the Public Rights-of-Way; (B) establishing the terms on which Persons may occupy the Public Rights-of-Way; and (C) granting, monitoring, enforcing, renewing, revising or revoking UCPs. These fees shall be deposited in the Public Works Excavation Fund established by Section 10.100-230 of the San Francisco Administrative Code.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000; amended by Ord. 33-02, File No. 020051, App. 3/28/2002; Ord. 214-07, File No. 070904, App. 9/21/2007; Ord. 12-11, File No. 100041)
SEC. 11.10.  FILING OF PROPOSAL.
   Any Person seeking to (1) obtain a Franchise; (2) Transfer a Franchise: (3) extend the term of an existing Franchise, (4) renew a Franchise, or (5) modify an existing Franchise to add new Services that are required to be authorized by a Franchise pursuant to this Chapter, shall submit a signed original of its Proposal and eleven (11) copies to the Clerk of the Board and nine (9) copies to the Department The Clerk of the Board shall make a Proposal available for public inspection. The Proposal must conform to all of the requirements of this Chapter. Requests for other types of Franchise modifications may be processed by the Department without a Proposal, and submitted to the Board for approval. However, nothing herein shall prevent the Department from requiring a Proposal in the event the Department determines, based on the nature of the requested modification, that the public interest would best be served by the submission of a Proposal pursuant to this Article.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.11.  PROPOSAL FEE.
   (a)   Reasonable Costs. An Applicant shall pay all reasonable costs incurred by the City related to the processing of any Proposal. Processing costs shall include, but not be limited to, the costs of services rendered by any City employee, agent or representative, including consultants and attorneys.
   (b)   Controller's Estimate. Upon receipt of a Proposal, the Clerk of the Board shall immediately ask the Controller to estimate the City's processing costs. The Controller shall complete his or her estimate of such costs within fifteen (15) City business days of receipt of a Proposal. The Clerk of the Board shall notify the Applicant of the Controller's Proposal Fee estimate within three (3) City business days of receipt from the Controller. Applicant shall pay the amount contained in the Controller's estimate within fifteen (15) City business days of notice.
   (c)   Failure To Pay. Failure to pay the estimated Proposal Fee shall render the Proposal incomplete. If no Proposal Fee is paid within six (6) months of notification to the Applicant of the Controller's estimate, the Board may deny the Proposal on that basis.
   (d)   Deposit/Offset. The Proposal Fee shall be deposited with the Controller. Within twenty (20) City business days of final action on a Proposal or an Applicant's formal acceptance or rejection of a Franchise, whichever is later, the Controller shall provide an account of the City's actual Proposal processing costs to the Applicant. The Controller may offset the Proposal processing costs from the Proposal Fee deposit consistent with the provisions of Administrative Code Sections 10.27-1 through 10.27-7. Where the City's actual costs are determined by the Controller to fall below the amount of the Proposal Fee deposit, the difference shall be refunded to the Applicant. Where the City's actual costs exceed the amount of the Proposal Fee deposit the Applicant shall be required to pay the difference to the Controller within twenty (20) City business days of notice.
   (e)   Exceptions. Where required by controlling Applicable Law a Proposal Fee paid pursuant to this Section shall be credited against any other charge, including Franchise Fees, required to be paid to the City.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.12.  PROPOSAL CONTENTS.
   Each Department shall adopt regulations setting forth the information that each type of Proposal must contain, and make such regulations available immediately upon request. A Proposal shall include all information required by the Department unless the Department determines, in its discretion, that a substitute reasonably satisfies the Purpose of the regulations. At a minimum, regulations shall require Applicants to provide information required by Applicable Law and sufficient for the City to consider the Proposal pursuant to Section 11.13(g) and, where applicable, Section 11.13(h) below. Regulations shall also, where appropriate, distinguish among the requirements applicable to Proposals for initial Franchises, Transfer Proposals, Renewal Proposals, and Proposals to modify an existing Franchise. Regulations may require, without limitation:
   (a)   Identifying Information. Information identifying the Applicant, its principle place of business, its corporate structure, and its ownership;
   (b)   Experience. A statement describing all previous experience of the Applicant and any Affiliate(s) in providing the proposed Service(s), or constructing, operating, or maintaining Facilities used to provide the proposed Service(s), identifying any other Franchises to provide similar Service(s) awarded to Applicant, or any Affiliate(s), and the status of the construction of the Facilities under each Franchise;
   (c)   Proposed Franchise. The text of Applicant's proposed Franchise complying with Applicable Law, including, without limitation, a statement of the type of Service proposed to be provided. In the case of a Cable System Franchise:
      (1)   The Applicant must specify whether it seeks an OVS Franchise or a Cable System Franchise that is not an OVS; and
      (2)   A proposed Franchise shall not be required to be submitted with a renewal Proposal for a Cable System Franchise that is not an OVS if the Grantee is exercising its renewal rights pursuant to 47 U.S.C. Section 546.
   (d)   Related Documents. Any contracts, regulatory filings, shareholder reports, or other documents, including press releases, that refer to the Proposal, and all documents, schedules, exhibits, or the like referred to therein;
   (e)   Proposed Operations. To the extent applicable, a detailed description of the Applicant's plan of operation which shall include, at a minimum, a description of the existing and proposed Facilities and any construction plan;
   (f)   Financial Qualifications. Evidence that the Applicant has the financial resources and capacity to undertake and complete construction of the proposed Facilities, and to operate, maintain, repair, replace, and reconstruct the Facilities over the term of the Franchise;
   (g)   Technical Qualifications. Evidence that the Applicant is technically qualified to construct, operate and repair the Facilities;
   (h)   Legal Qualifications. Evidence that the Applicant is legally qualified to own, install, construct, operate, or provide Services using the Facilities;
   (i)   Customer Service and Consumer Benefits. A description of how the Applicant plans to address customer service issues and the benefits its market entry will provide to consumers in the City;
   (j)   Other Agreements. A detailed summary and copies of any and all agreements and undertakings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the Applicant and any Person regarding the use of a Person's equipment or Facilities on which the Proposal depends;
   (k)   Certification. An affidavit or declaration, under penalty of perjury, by an officer of Applicant legally qualified to bind Applicant certifying:
      (1)   The truth and accuracy of the information in the Proposal and that the proposal meets all requirements of Applicable Law;
      (2)   That Applicant is willing to enter into a Franchise meeting the requirements of Applicable Law, to Pay required compensation, and to abide by the City's standard contract terms and all provisions of Applicable Law; and
      (3)   That Applicant has not entered into any agreement that would prevent it from complying with any of these requirements.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.13.  PROPOSAL REVIEW PROCEDURE.
   (a)   Competitive Process For Initial Franchises. To fulfill the requirements of Charter Section 16.111, at any time between the receipt of a Proposal for an initial Franchise and the grant of a Franchise thereunder, the Department shall, by advertisement or any other means, solicit and call for additional Proposals for similar Franchises. The Department shall evaluate the responses and report to the Board regarding the results of the solicitation. The Board shall consider the responses to the solicitation prior to granting any Franchise. The solicitation need not comply with the provisions of Chapter 21 of this Code and the City may award more than one Franchise as a result of the solicitation. However, nothing herein precludes the Department from requiring a competitive process similar to that set forth in Chapter 21 of this Code, nor does anything herein require the City to award any Franchise.
   (b)   Completeness. Promptly, upon receipt of a Proposal, the Department shall report to the Applicant regarding the Proposal's completeness. The Department shall also report to the Board within twenty (20) City business days regarding the Proposal's completeness. The Proposal shall not be deemed complete until such time as the Applicant provides all information and certifications required pursuant to regulations adopted pursuant to Section 11.12 above.
   (c)   Additional Information. An Applicant shall provide any other details, clarifications, statements, information or references relevant to its Proposal which are requested by the Board or the Department in connection with their review of the Proposal and which are: (1) relevant to issues raised in the Proposal or related facts and circumstances that affect the Proposal; and/or (2) referenced in the Proposal but not provided therein. Such information shall not be required to determine that a Proposal is complete; however, the Board may require that this information be submitted prior to acting on a Proposal.
   (d)   Incomplete Information. To the extent that any data required pursuant to Section 11.12 above are not available at the time the Proposal is filed with the Board, the Proposal shall so state. Where the Department determines, in its sole discretion, that such information is not immediately critical to review of a Proposal, the Proposal may be reviewed by the City subject to the following conditions:
      (1)   That the data are filed and approved by the City before the Board takes action on the Proposal; and
      (2)   That, for purposes of applying any deadlines provided under Applicable Law, the date of the Proposal shall be the date all required information is submitted to the City.
   (e)   Negotiations. The Department shall negotiate the terms of a proposed Franchise on behalf of the City and may engage in negotiations with an Applicant at any time.
   (f)   Final Report. After finding a Proposal complete, the Department shall submit a Final Report to the Board recommending approval or denial of the Proposal. If the Department recommends approval of a Proposal, it shall include a proposed Franchise ordinance in the Final Report.
   (g)   Issues For Consideration. In reviewing a Proposal, the City shall consider, where applicable and without limitation, the issues set forth in this subsection. It shall be presumed that the issues set forth in subsections 2, 3, 4, 6, 8, and 9 are applicable to all Proposals. In any Final Report submitted to the Board, the Department shall state which additional issues it considers applicable to the consideration of any particular Proposal:
      (1)   Whether the Applicant's Proposal is sufficient to meet current and future community needs and interests, taking into account the cost to the Applicant of meeting such needs and interests;
      (2)   The positive and negative impacts to the City and consumers of approving the Proposal;
      (3)   The financial, technical, and legal qualifications of the Applicant and its ability to perform as promised;
      (4)   Whether the proposed provision of Services or operation of the Facilities is economically feasible;
      (5)   The projected technical performance of the proposed Facilities;
      (6)   The impact of Proposal approval on competition and whether it will interfere with the City's desire to ensure universal availability of Services;
      (7)   The Applicant's commitment to meeting the construction and physical requirements of the City;
      (8)   The Applicant's commitment to abide by City conditions, Applicable Law, and the terms of any proposed Franchise;
      (9)   The extent to which the Applicant has substantially complied with the Applicable Law and the material terms of any existing agreement it has with the City;
      (10)   Whether there will be an unreasonable adverse economic or aesthetic impact upon public or private property within the proposed Franchise Area, also taking into consideration the impact of any competing Proposals;
      (11)   Whether there will be an unreasonable disruption or inconvenience to existing users, or any adverse effect on future use, of utility poles, public easements, and the Public Rights-of-Way, also taking into consideration the impact of any competing Proposals; and
      (12)   Such other additional matters, both procedural and substantive, the City determines are relevant.
   (h)   Cable System Proposal Considerations. If the Proposal involves a Cable System Franchise, the City shall, in addition to the considerations set forth in subsection (g) above, also consider, to the extent applicable:
      (1)   Whether the Applicant has provided adequate assurance that it will provide adequate public, educational, and governmental access channel capacity, facilities, or financial support;
      (2)   Whether the Proposed Franchise reasonably meets current and future community cable-related needs and interests, taking into account the cost to the Applicant of meeting such needs and interests; and
      (3)   The issues identified in California Government Code § 53066.3 and other Applicable Law.
   (i)   Board Disposition of Proposal. The Board may take action on a Proposal and any proposed Franchise by resolution or ordinance, as appropriate, and shall consider any applicable provisions of subsections (g) and (h) above. A Board determination to grant a new Franchise shall comply with all applicable sections of the Charter, including Sections 2.105 and 16.111.
   (j)   Grantee's Acceptance. An Applicant shall file an unconditional written acceptance, in a form approved by the City Attorney, of any Board action approving a Proposal no later than twenty (20) City business days following such Board action. An Applicant's failure to submit an unconditional written acceptance within the twenty (20) day period shall constitute a rejection by the Applicant of the approval, unless time for acceptance is extended by motion of the Board.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.14.  TRANSFER PROPOSALS.
   (a)   City Approval Required. A Franchise is a privilege that is in the public trust and personal and specific to the Grantee and is granted in consideration of the unique knowledge, skill and expertise Possessed by the Grantee. The City and other Subscribers shall not be required to accept performance of a Franchise from a third party who has not submitted its qualifications for review and approval by the Board pursuant to this Section. Except as otherwise expressly permitted herein pursuant to subsection (e) below, a Grantee shall not complete a Transfer unless a Proposal is submitted to the Board pursuant to Section 11.10 above ("Transfer Proposal") and the Board's approval is obtained by ordinance or resolution, as appropriate, and only then upon such terms and conditions as the Board deems necessary and proper, in its sole discretion, after conducting a review pursuant to Section 11.13(g) and Section 11.13(h) above. An Applicant, as defined in subsection (d) below, shall be given notice of its opportunity to be heard at a Board proceeding to consider the Transfer Proposal. An Transfer without the approval of the Board shall be considered to impair the City's assurance of due performance, and may, at City's sole option, be null and void and constitute a Material Breach of the Franchise. Notwithstanding anything to the contrary in this Chapter or a Franchise, until expressly determined otherwise by the Board, Facilities constructed, installed, operating, or being used to provide Services pursuant to a Franchise shall remain subject to the Franchise regardless of any Transfer, whether or not City approval was obtained.
   (b)   Subsequent Transfers. The Board's approval of a Transfer Proposal in one instance shall not render unnecessary approval of any subsequent Transfer.
   (c)   No Waiver. The City's approval of a Transfer Proposal does not constitute a waiver or release of any of the rights of the City against the Transferring Grantee under this Chapter, a Franchise, or Applicable Law, whether such rights arose before or after the date of approval of the Transfer Proposal.
   (d)   Proposal Submission. For purposes of this Section, the Applicant shall be the proposed Transferee. At least one hundred twenty (120) calendar days prior to the contemplated effective date of a Transfer, the Applicant shall submit a Transfer Proposal to the Board for approval of the Transfer.
   (e)   Exceptions.
      (1)   Affiliate Transfers. Neither a Transfer Proposal or Board approval shall be required for a Transfer to an Affiliate of the Grantee ("Affiliate Transfer") where the Grantee and the proposed Transferee (the "Transfer Parties") meet the following requirements:
         (i)   The Transfer Parties provide all instruments and legal documents effecting the Affiliate Transfer, a description of the nature of the Affiliate Transfer, complete information describing who will have direct and indirect ownership and Control of the Franchise and the Facilities after the Affiliate Transfer within one hundred and twenty (120) calendar days of the effective date of the Affiliate Transfer, and any additional information within ten (10) City business days of the Department's request, and
         (ii)   The Transfer Parties meet the following conditions and provide the following assurances, guarantees, and warranties to the City in writing, expressly for the benefit of the City, in a form acceptable to the Department and the City Attorney, and no later ninety (90) calendar days before the effective date of the Affiliate Transfer, and:
            (a)   The Grantee is not in Material Breach of the Franchise, this Code or a UCP and there have been no more than two minor breaches of the Franchise, this Code, or a UCP as determined pursuant to Article VIII of this Chapter, in the prior twelve (12) month period; and
            (b)   The proposed Transferee (1) has demonstrated to the City's reasonable satisfaction that it is reputable and capable, financially and otherwise, of performing each of the Grantee's obligations under the Franchise and any other documents to be assigned; and (2) is not forbidden by Applicable Law from transacting business or entering into contracts with the City; and (3) is subject to the jurisdiction of the courts of the State of California; and (4) is not in default with respect to any obligations that it has to City, and
            (c)   Any Person guaranteeing the performance of the Grantee under the Franchise (or any other Person approved by the Department and the City Attorney) guarantees in a substantially similar manner the performance of the proposed Transferee; and
            (d)   The Transfer Parties warrant that the Transfer is being made for a legitimate business purpose and not to deprive the City of the benefits of the Franchise, any other documents proposed to be Transferred, or other Applicable Law; and
            (e)   The proposed Transferee warrants that it has read, accepts, and agrees to be bound by each and every term of the Franchise, any other documents to be Transferred, and other Applicable Law then in effect; and
            (f)   The proposed Transferee agrees to assume all responsibility for all liabilities, acts, and omissions known and unknown of each of its predecessor Grantees for all purposes, including renewal of the Franchise, and to cure all defects; and
            (g)   The proposed Transferee agrees that the Transfer will not permit it to take any position or exercise any right which could not have been exercised by the Grantee; and
            (h)   The Transfer Parties warrant that the Transfer will not substantially increase the financial burdens upon or substantially diminish the financial resources available to the proposed Transferee (the warranty to be based upon comparing the burdens upon and resources that will be available to the proposed Transferee compared to the Grantee), or otherwise adversely affect the ability of the proposed Transferee to perform its commitments under the Franchise; and
            (i)   The Transfer Parties warrant that the Transfer will not in any manner adversely affect the City or Subscribers (including by increasing rates); and
            (j)   The proposed Transferee agrees that the Transfer does not affect any evaluation of its legal, financial, or technical qualifications that may arise under the Franchise or other Applicable Law after the Transfer, and does not directly or indirectly authorize any additional Transfers.
         (iii)   The Transfer Parties notify the City within thirty (30) City business days that the Transfer is complete and provide copies to the Department of all fully executed documents reflecting the Transfer.
      (2)   Transfer Proposal May Be Required. If the Transfer Parties are unable to provide information and assurances in a form acceptable to the Department and the City Attorney as provided in Subsection (e)(1)(ii) above, the Department, in its sole discretion, may require the immediate submission of a Transfer Proposal to the Board for its approval pursuant to this Section.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.15.  CABLE SYSTEM RENEWAL PROPOSALS.
   (a)   Initial Proceeding. Notwithstanding the provisions of Section 11.10 above, within six (6) months of the City's receipt of a written Cable System Franchise renewal notice pursuant to 47 U.S.C. Section 546(a), or upon the Director's own motion, the Director of the Department shall initiate a proceeding pursuant to that Section to identify the City's future cable-related community needs and interests and to review the performance of the Cable System Operator under its current Franchise.
   (b)   Request for Proposal. Based upon the proceeding initiated pursuant to subsection (a) above, and such other investigation as the Department deems necessary, the Department shall prepare a report for the Board proposing findings regarding the future cable-related community needs and interests of the City and the past performance of the Operator of the Cable System Franchise. The report shall include a proposed request for proposal to renew the Cable System Franchise ("Request For Renewal Proposal") pursuant to terms and conditions consistent with the report's proposed findings. The Director shall serve the renewal Applicant with a copy of the report and proposed Request For Renewal Proposal concurrently with the Director's submission to the Board. The Board may adopt the findings of the report by resolution and urge the Director to issue the Request For Renewal Proposal. Issuance of such a Request For Renewal Proposal shall constitute closing of the proceeding.
   (c)   Department Recommendation Regarding a Renewal Proposal. The Request For Renewal Proposal shall, among other things, establish the soonest date and the latest date on which the Department will accept a Renewal Proposal. The Director of the Department shall provide prompt public notice of receipt of a Renewal Proposal and shall evaluate the Renewal Proposal and forward a recommendation to the Board stating either: (1) that the Franchise should be renewed pursuant to the terms of the Renewal Proposal, or (2) that, as a preliminary matter, the Franchise should not be renewed, and the City should initiate an administrative proceeding pursuant to 47 U.S.C. Section 546(c) to evaluate the issues set forth in that Section. The Director's recommendation shall include a proposed ordinance or resolution consistent with the Director's recommendation. The Director shall serve the renewal Applicant with a copy of the recommendation and proposed ordinance or resolution concurrently with the Director's submission to the Board.
   (d)   Board Action on the Director's Recommendation. The Board shall take action within the time required by 47 U.S.C. Section 546(c) by adopting either: (1) an ordinance to renew the Franchise pursuant to the terms set forth in the Renewal Proposal; or (2) a resolution making a Preliminary assessment that the Franchise should not be renewed on the terms set forth in the Renewal Proposal and urging the Director of the Department to commence an administrative proceeding pursuant to 47 U.S.C. Section 546(c).
   (e)   Administrative Proceeding. In the event the Board adopts a resolution making a Preliminary assessment that the Franchise should not be renewed pending the results of an administrative proceeding pursuant to 47 U.S.C. Section 546(c), the Director of the Department shall designate a hearing officer(s) and the Department shall administer the hearing consistent with the requirements of that Section. Within forty-five (45) City business days of the conclusion of the hearing, the hearing officer(s) shall issue a proposed recommendation to grant or deny the Renewal Proposal. The proposed recommendation shall be based upon the record of the proceeding and include a summary of the issues, the evidence presented, and findings and conclusions. It shall also include a proposed ordinance or resolution for the Board's consideration. Copies of the proposed recommendation shall be served upon the parties to the hearing by certified mail. A notice that a copy of the proposed recommendation is available for inspection during normal business hours shall be posted at the office of the Director of the Department. The proposed recommendation shall be a recommendation to the Director, and the Director shall adopt, modify, or deny such recommendation and prepare a final recommendation on the matter based upon the record of the proceeding. Such final recommendation shall be served upon the parties to the hearing and posted in the same manner as provided for the proposed recommendation herein.
   (f)   Final Board Action. The final recommendation of the Director shall be a recommendation to the Board, and the Board shall act to adopt, modify, or deny such recommendation and issue a final decision on the matter based upon the record of the proceeding. A decision to deny the Renewal Proposal shall be by resolution. A decision to grant the Renewal Proposal shall be by ordinance. The Board's decision on the Renewal Proposal shall state the reasons therefor and shall be final and conclusive.
   (g)   Suspension of Hearing. Nothing herein shall preclude the Director from suspending the proceeding in the event the Department and the Cable System Operator reach agreement regarding proposed renewal of the Franchise. In the event the Board does not approve such proposal, the Director may resume the proceeding. Board approval of the proposal shall constitute termination of the proceeding.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.16.  FRANCHISE REVOCATION.
   (a)   Revocation for Failure to Comply with the Franchise or this Chapter. In the event of a Material Breach of the Franchise or this Chapter the City may Revoke a Grantee's Franchise.
   (b)   Revocation Recommendation. In the event the Department believes that a Grantee has committed a Material Breach of its Franchise, the Department shall notify the Grantee in writing that the Grantee must comply with any requirement with which the Grantee has failed to comply and pay any fines or damages owed as a result of the Material Breach. The Grantee shall have twenty (20) City business days to respond to the Department's notice. Thereafter, the Department may recommend Revocation of the Franchise to the Board if it concludes that the Grantee has committed a Material Breach and
      (1)   The Material Breach is incurable (as in the case with fraud or attempted fraud); or
      (2)   The Grantee has, after twenty (20) City business days of the written notice from the Department:
      (i)   Failed to comply with the requirement; or
      (ii)   If compliance will take more than twenty (20) City business days, even with the exercise of due diligence, failed to agree to a compliance plan acceptable to the City.
   (c)   Board Proceeding Regarding Revocation.
      (1)   The Board may consider the Department's Revocation recommendation and may hear any Persons interested therein, and may determine whether (i) Grantee committed a Material Breach; and (ii) if Grantee committed a Material Breach, whether such Material Breach was or should be excused. The Grantee shall be noticed and have an opportunity to be heard at a Board proceeding to consider the Department's Revocation recommendation.
      (2)   If the Board determines Grantee has committed a Material Breach, but such Material Breach is excused, the Board may, by motion, direct the Grantee to comply with the City's requirements within such time, and upon such terms and conditions, as the Board deems reasonable. If the Board determines Grantee has committed a Material Breach and such Material Breach is not excused, the Board may, by ordinance, Revoke Grantee's Franchise. Nothing herein precludes the Board from setting additional time for Grantee to cure a Material Breach in lieu of Revocation.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.17.  TERMINATION.
   Upon Termination of a Franchise, the City may, by ordinance, acquire ownership or effect a Transfer of the Facilities, or any portion thereof, for which the Grantee shall be compensated, consistent with Applicable Law.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.18.  REMOVAL OF FACILITIES.
   Upon Termination of a Franchise, or abandonment of any portion of the Facilities, the City may require a Grantee, by Board resolution, to remove all or a portion of its Facilities at Grantee's expense and to restore City property as required by City and consistent with Applicable Law. If the Grantee fails to do so within a reasonable period of time, the City shall be entitled to remove the Facilities and restore City property on behalf of Grantee and charge the reasonable costs actually incurred, including but not limited to administrative costs, to Grantee.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.19.  FORECLOSURE/ASSIGNMENT FOR CREDITOR'S BENEFIT/APPOINTMENT OF A RECEIVER.
   The following events shall constitute a Material Breach of this Chapter or a Franchise:
      (1)   Foreclosure or other judicial sale of any of the Facilities, equipment or property of a Grantee in the Franchise Area necessary for the provision of the Service for which the Franchise was granted where the Bona Fide Institutional Lender does not enter into an operating agreement for the use and operation of the Facilities with an Operator approved by the City in writing, in a form acceptable to the City Attorney; or
      (2)   An assignment for the benefit of creditors; or
      (3)   The appointment of a receiver or trustee to take over the business of the Grantee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.20.  CONFIDENTIALITY OF PROPRIETARY INFORMATION.
   The City shall provide an Applicant the opportunity to protect from disclosure to the public any information contained in a Proposal that is proprietary, trade secret or is otherwise protected from disclosure under the California Public Records Act (Cal. Gov't Code Section 6254, et seq.), the City's Sunshine Ordinance (S.F. Admin. Code Chapter 67) and other Applicable Law by (a) permitting an Applicant to submit the information under seal; and (b) making reasonable efforts to notify an Applicant in advance if the City determines that it must disclose any information provided under seal or clearly and obviously identified as proprietary, trade secret, or otherwise protected from disclosure. In the event the City seeks to disclose, or receives a request for disclosure of such information, the City shall inform the affected Applicant either that the City will refuse to disclose the protected information or, if there is no proper basis for such refusal, that the City intends to disclose the information unless ordered otherwise by a court. Nothing herein shall require the City to take any action, or to refuse to release information where to do so would violate Applicable Law. The City's obligations under this Section are limited to confidential, trade secret or otherwise protected information that is provided to the City in a sealed envelope and identified on the envelope and on the face of each page of the document as proprietary, trade secret or otherwise protected from disclosure, and that is accompanied by a written certification from the Applicant that it believes, in good faith, that such information is protected from disclosure.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
ARTICLE II:
FRANCHISE FEES
 
Amount.
Payment.
Grantee Responsibility for Fees of Third Parties.
Franchise Fees Owed by Gas and Electric Grantees.
Acceptance of Payment Not a Release.
Fee Disputes.
Failure to Pay.
Franchise Fee Not in Lieu of Taxes.
 
SEC. 11.21.  AMOUNT.
   (a)   Grantee Fees. In consideration of the grant and exercise of a Franchise to construct, install, operate, or provide Services using, Facilities in the Public Rights-of-Way, a Grantee shall pay to the City a Franchise Fee expressed as a percentage of Gross Revenues or some other measure. The Franchise shall specify the fee to be paid, and the Gross Revenues to be included in the fee calculation. If a Franchise granted pursuant to this Chapter specifies a Franchise Fee established as the result of limiting Applicable Law, the City shall have the option to renegotiate the amount of the Franchise Fee upon a change in Applicable Law pursuant to the process set forth in Section 11.70 below. In considering changes to the Franchise Fee amount, the City shall consider the impact on consumers of any pass through that may be permitted. Nothing herein requires a Person to pay amounts in excess of any limits that may be established by state or federal law.
   (b)   UVPP Fees. A UVPP that provides Services using a Cable System for which charges are assessed to Subscribers, but are not received by the Cable System Grantee, shall pay a fee in lieu of a Franchise Fee on such Service pursuant to the Franchise Fee calculation contained in the Cable System Franchise.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.22.  PAYMENT.
   Unless otherwise specified in a Franchise, Grantees and Operators shall pay the Franchise Fee due to the City on a quarterly basis. Payment for each quarter shall be made to the City Controller not later than forty (40) City business days after the end of each calendar quarter.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.23.  GRANTEE RESPONSIBILITY FOR FEES OF THIRD PARTIES.
   A Grantee shall fully cooperate with the City in collection of Franchise Fees owed to the City by any Person using the Grantee's Facilities.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.24.  FRANCHISE FEES OWED BY GAS AND ELECTRIC GRANTEES.
   Nothing in this Chapter is intended to waive the City's authority to collect franchise fee surcharges pursuant to Division 3, Chapter 2.5 of the California Public Utilities Code.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.25.  ACCEPTANCE OF PAYMENT NOT A RELEASE.
   No acceptance by the City of any Franchise Fee payment shall be construed as an accord that the amount paid is in fact the correct amount owed, nor shall such acceptance of such Franchise Fee payment be construed as a release of any claim the City may have for additional sums payable.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.26.  FEE DISPUTES.
   In the event of any good faith dispute between a Person owing Franchise Fees and the City regarding the amount of Franchise Fees owed the City, the Person alleged to owe the Franchise Fees shall place the amount in dispute in an escrow fund from which, once the dispute is resolved, the Franchise Fees plus interest at the rate of the City's pooled funds shall be paid to the appropriate party.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.27.  FAILURE TO PAY.
   In the event that a Franchise Fee payment is not received by the City on or before the due date set forth herein, or is underpaid (except for Franchise Fees placed in an escrow fund pursuant to Section 11.26 above), the Person subject to the fee will be charged interest on the amount due from the due date at an interest rate equal to 1.5% per month, compounded on an annual basis. A Person's failure to (a) place any disputed amount of Franchise Fees in an escrow fund pursuant to Section 11.26 above; or (b) make two successive quarterly Franchise Fee payments to the City shall constitute a Material Breach of Grantee's Franchise.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.28.  FRANCHISE FEE NOT IN LIEU OF TAXES.
   A Franchise Fee payment is not a payment in lieu of any tax, fee or other assessment of general applicability.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.28-A   PUBLIC, EDUCATIONAL, AND GOVERNMENT ACCESS CHANNELS FACILITIES AND ACTIVITIES FEE.
   (a)   Amount of Fee. After January 1, 2010, any State Video Franchise holder providing State Video Service in the City shall pay to the City a fee to support the ongoing costs of public, educational, and government access channel facilities and activities in the amount of one and one-fifteenth percent (1.15%) 1 of the State Video Franchise holder's annual Gross Revenues from providing State Video Services in the City.
   (b)   Payment of Fee.
      (1)   A State Video Franchise holder shall pay the fee due to the City in this Section on a quarterly basis. Each quarterly payment shall be made to the City Controller no later than forty-five (45) days after the end of the calendar quarter.
      (2)   A State Video Franchise holder shall include with the payment a statement of its Gross Revenues from providing State Video Services during the calendar quarter.
   (c)   Use of Fee.
      (1)   The City shall use the first one percent (1%) of the fee required under this Section to support public, educational, and government channel facilities.
      (2)   The City shall use any amounts over one percent (1%) of the fee required under this Section to support public, educational, and government channel facilities and activities.
      (3)   In the event that Federal or State law is amended to allow the use of these funds for the purpose of PEG operating expenses the City may use these fees accordingly.
(Added by Ord. 99-09, File No. 090287, App. 6/19/2009)
CODIFICATION NOTE
1.   So in Ord. 99-09.
ARTICLE III:
PERMITS AND CONSTRUCTION
 
Compliance With Laws.
Maps and Plans.
Placement of Facilities.
Removal, Relocation, and Work-Arounds.
Abandonment.
 
SEC. 11.29.  COMPLIANCE WITH LAWS.
   (a)   Applicable Laws. All work performed in the geographic boundaries of the City by a Grantee, including work not involving excavation and including work performed on both public and private property, shall be performed in compliance with this Chapter, the Franchise, and other Applicable Law, including, but not limited to the City's Municipal Code, (including the Public Works Code), and CPUC General Orders 95, 112, and 128. Grantee shall, at its sole expense, procure and maintain in force at all times during the term of its Franchise any and all business and other licenses or approvals necessary to construct Facilities and provide any Services in the City. Grantee shall obtain any necessary approvals regarding the impact that its Facilities may have upon the environment. Nothing in this Chapter or in any Franchise is intended to imply that such approvals will be issued.
   (b)   Construction, Operation, and Maintenance Standards. Experienced and properly trained maintenance and construction personnel shall perform the construction, operation and maintenance of Facilities in a manner consistent with industry standards and good engineering practices. In the event of a conflict among codes and standards, the most stringent applicable code or standard shall apply, except insofar as that standard, if followed, would result in Facilities that could not meet requirements of Applicable Law. A Grantee shall at all times employ reasonable care, within the meaning of Applicable Law, and shall install and maintain in use commonly accepted methods and devices to prevent failures and accidents that are likely to cause damage, injury, or nuisance to the public.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.30.  MAPS AND PLANS.
   Grantee shall make a good faith effort to maintain current, accurate and complete plans and record drawings showing, in detail, all physical features of the Facilities, including, without limitation, the approximate location, depth, and size of its Facilities constructed or installed in the Public Rights-of-Way in relation to the adjoining property lines, and the services provided over the Facilities. Upon demand, such plans and record drawings shall be delivered to City, in a format acceptable to the City, within ten (10) City business days of a written request, or immediately, upon oral request and in whatever format is available, in the event of an emergency.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.31.  PLACEMENT OF FACILITIES.
   All privileges prescribed by a Franchise shall be subordinate to any prior lawful occupancy in the Public Rights-of-Way, and the City reserves the authority to designate where a Grantee's Facilities may be placed. A Grantee may not place Facilities inconsistent with the City's Public Works Code or the rules, regulations, or orders of the Department of Public Works or other Applicable Law, or in such a way as to interfere with public use of the Public Rights-of-Way.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.32.  REMOVAL, RELOCATION, AND WORK-AROUNDS.
   (a)   Grantee Must Remove, Relocate, Adjust, and/or Support Facilities to Accommodate City Needs. The City reserves the right to occupy the Public Rights-of-Way, or any part thereof, which is occupied or to be occupied by a Grantee's Facilities. When required to ensure the public health, safety, and welfare, a Grantee shall, at its own cost and expense, temporarily or permanently remove, relocate, adjust, and/or support the Facilities, or any part thereof, to such other location(s) in the Public Rights-of-Way, or in such manner, as appropriate, as may be designated or approved, in writing and in advance, by the City. The City may not unreasonably withhold Approval of any plan for removal, relocation, adjustment and/or support of the Facilities ordered pursuant to this Section. Such removal, relocation, adjustment and/or support shall be completed within the time prescribed by the City. If the Facilities are not removed, relocated, adjusted and/or supported in the manner and time prescribed by the City, the City may take all reasonable, necessary, and appropriate action, including removing the Facilities, and may charge the reasonable costs actually incurred, including, but not limited to, administrative costs, to Grantee.
   (b)   Grantee Must Restore The Public Rights-of-Way. Whenever the removal, relocation, adjustment, and/or support of Facilities is required pursuant to subsection (a) above, Grantee shall, after such work is complete, at its own cost and expense, promptly repair, restore and return the Public Rights-of-Way in which the Facilities were located, to a safe and satisfactory condition, as approved by the City in accordance with Applicable Laws.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.33.  ABANDONMENT.
   (a)   Notice of Abandonment. Within three (3) months of the effective date of this Section, all Grantees shall provide a map to the Department of Public Works, in a form approved by the City, showing the location of those Facilities located in the Public Rights-of-Way that have been abandoned by Grantee. The map shall include street names and shall show the size and type of the abandoned facilities. Thereafter, Grantees shall provide updated maps to the Department of Public Works at the end of each calendar quarter showing those Facilities in the Public Rights-of-Way abandoned by Grantee during the calendar quarter. For purposes of this Section, "abandon" and other similar terms mean that Facilities are no longer used by Grantee for any purpose authorized by a Franchise or by Section 7901 of the California Public Utilities Code.
   (b)   City Determination Regarding Abandonment. A director of a department may determine by department order that Facilities located in the Public Rights-of-Way, or any part thereof, have been abandoned. A Grantee shall promptly provide information to the Department, upon request, describing in detail the location and use of any Facilities under inquiry. Prior to the department director making an abandonment determination, the department shall provide Grantee written notice of its intent to deem the Grantee's Facilities abandoned. In the event the department cannot determine, after a good faith effort, the owner of the Facilities, notice shall be made by publication. A Grantee may appeal any department determination regarding abandonment by requesting an administrative hearing within ten (10) City business days of the effective date of such a determination, consistent with the provisions of Section 11.81 below.
   (c)   Treatment of Abandoned Facilities. In the event Grantee has notified the Department that it has abandoned any part of its Facilities, or the City's determination that Facilities have been abandoned has not been appealed pursuant to Section 11.81 below, at City's option, Grantee shall: (1) convey all or a portion of the abandoned Facilities to City at no cost; (2) leave all or a portion of the abandoned Facilities in place; or (3) promptly remove all or a portion of the abandoned Facilities and restore City Property as required by City, consistent with Section 11.18 above. In the event the City elects to have all or a portion of the Facilities conveyed to it, Grantee shall execute such documents of title in a form acceptable to the City Attorney as will convey to the City free and clear of liens and/or adverse claims of title all right, title, and interest in the abandoned Facilities, or any part thereof.
   (d)   Abandonment May Be a Material Breach. If a Grantee abandons a substantial portion of its Facilities so as to compromise the provision of Service under its Franchise, such abandonment may be a Material Breach of a Franchise.
   (e)   Liability. A Grantee shall assume all liability for abandoned Facilities unless and until title is conveyed to another Person consistent with any requirements of a Franchise or other Applicable Law or the City takes title to such Facilities pursuant to this Section.
   (f)   Expedited Abandonment Determination.
      (1)   Request For Determination. Notwithstanding the provisions of subsections (a) through (d) above, in the event that during an excavation a Person or City department discovers Facilities that appear to be abandoned and the Person or City department requests a determination of abandonment in order to: (1) avoid unnecessary excavation through use of the abandoned Facilities; (2) resolve an emergency situation, or (3) prevent significant delays or cost overruns on the excavation project, the Person or City department may request the Director of the Department of Public Works to issue an expedited abandonment determination.
      (2)   Abandonment Order. If demonstrated to be necessary to preserve the public health, safety and welfare, or for the public convenience and necessity, the Director of the Department of Public Works may issue an expedited abandonment determination in the form of a departmental order ("Order") and shall serve a copy of the Order by certified mail on the owner of the Facilities, or provide notice as set forth in subsection (4) below, if the owner is unknown. The Order shall set forth the City's proposed disposition of the Facilities.
      (3)   Appeal And Final Order. The owner of the Facilities shall have three (3) City business days from receipt of the Order to comply with or appeal the Order in writing on the basis that the Facilities are not abandoned. In the event of a request for appeal, the Department of Public Works shall hold an administrative hearing within five (5) City business days of the request. If no appeal is requested, the Order shall become final upon passage of the time for appeal and the City may dispose of the Facilities as set forth therein.
      (4)   Unknown Owner. In the event the owner of the Facilities cannot be readily identified, the Director of the Department of Public Works shall post the Order at the excavation site and shall serve a copy of the departmental Order by certified mail on the following Persons: (1) all utility excavators installing Facilities in the Public Rights-of-Way within the last three (3) years of the discovery of the Facilities; and (2) after reviewing excavation permits issued within the last three (3) years, all Persons the Department of Public Works has reason to believe may have an ownership interest in the Facilities.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
ARTICLE IV:
REPORTING REQUIREMENTS
 
Financial Reports.
Service Provider List.
Documents Due Upon Filing.
 
SEC. 11.34.  FINANCIAL REPORTS.
   Unless otherwise provided in a Franchise, any Person subject to a Franchise Fee computed in relation to Gross Revenues shall file the following financial statements with the Controller:
   (a)   Quarterly Statement of Gross Revenues. Within forty (40) City business days of the end of each calendar quarter, a statement showing its Gross Revenues during the preceding quarter and the number of Subscribers served.
   (b)   Annual Statement of Gross Revenues. Within sixty (60) City business days of the end of its fiscal year, a statement setting forth the computation of Gross Revenues used to calculate the Franchise Fee for the preceding year and a detailed explanation of the method of computation showing Gross Revenues by category; and (ii) what, if any, deductions were made from Gross Revenues in calculating the Franchise Fee (e.g., bad debt, credits and refunds), and the amount of each deduction. The statement shall be certified by a certified public accountant, the chief financial officer of the Person liable for the fee, or such other Person who is authorized and qualified to make representations on behalf of the Person owing the Franchise Fees regarding its revenues.
   (c)   Final Statement of Gross Revenues. Within sixty (60) City business days following Termination of a Franchise, a final statement of Gross Revenues for the period from the beginning of the previous annual report through the end of the Franchise term, which statement shall contain the information and be certified in the same manner as required for an Annual Statement of Gross Revenues.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.35.  SERVICE PROVIDER LIST.
   A Grantee shall provide a list of all Persons using its Facilities to provide Service or sell a commodity, including UVPPs, to the Director of the Department each time that it makes a Franchise Fee payment to the City. Failure to submit an accurate list may constitute a Material Breach of the Franchise. Cable System Grantees shall not include leased access providers or public. educational, or government users of its Facilities on such a service-provider list.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.36.  DOCUMENTS DUE UPON FILING.
   A Grantee shall deliver the following documents to the Director of the Department concurrent with the filing of the documents or within seven (7) City business days of receipt by the reporting entity:
   (a)   Notices of deficiency, forfeiture, or foreclosure related to the Facilities in the Public Rights-of-Way;
   (b)   Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the Grantee or any Affiliate; and
   (c)   Any pledge in trust, mortgage or other encumbrance which has been recorded against or attached to the Grantee's Facilities, whether by act of the Grantee or otherwise.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
ARTICLE V:
RECORD REVIEW, RETENTION, AND ACCESS RIGHTS
 
Applicability.
Access to Records.
Voluminous Materials.
Proprietary Documents.
Audit Results.
Five Year Retention.
Inspection.
Franchise Compliance Reports.
 
SEC. 11.37.  APPLICABILITY.
   All Persons required to pay a Franchise Fee to the City shall be subject to the provisions of this Article.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.38.  ACCESS TO RECORDS.
   The City shall have the right to inspect and copy at any time during normal business hours at the nearest office of a Person owing a Franchise Fee, or at such location within the City as the City may designate, all books and records reasonably necessary to monitor compliance with the terms of this Chapter, a Franchise, or other Applicable Law. This right includes the right to inspect not only the books and records of such a Person, but also any books and records related to the management of the Facilities or its operations held by an Affiliate or any other Operator, contractor, subcontractor or any Person holding any form of management contract for the Facilities. It shall be the obligation of a Person owing a Franchise Fee to make such books and records available to the City and to collect and produce the information requested by City. For purposes of this Article, the term "books and records" shall be read expansively to include information in whatever format stored.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.39.  VOLUMINOUS MATERIALS.
   If any books and records are too voluminous, or for security reasons cannot be copied and moved, then the Person owing a Franchise Fee may designate a location mutually agreed to by the City and the Person at which the inspection shall take place, provided that (1) the Person must make necessary arrangements for copying documents selected by the City after its review; and (2) the Person must pay all travel and additional copying expenses incurred by the City (above those that would have been incurred had the documents been produced in the City) in inspecting those documents or having those documents inspected by its designee.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.40.  PROPRIETARY DOCUMENTS.
   Access to the books and records of a Person owing a Franchise Fee shall not be denied on the basis that said books and records contain proprietary information. Proprietary information received by the City from such a Person, and clearly marked as Proprietary pursuant to Section 11.20 above shall be treated as provided in that Section. Notwithstanding the provisions of Section 11.38 above, where the City concludes that maintaining copies of proprietary, trade secret, or otherwise protected materials is not reasonably required in order for the City to fairly determine a Person's compliance with the terms of this Chapter, a Franchise, or other Applicable Law, the City shall consider inspecting such information at the Person's local office, rather than copying and maintaining such information.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.41.  AUDIT RESULTS.
   If an audit reveals that a Person has underpaid Franchise Fees owed in an amount equal to or exceeding five (5) percent of the Franchise Fees actually paid (excluding Franchise Fees deposited in an escrow account pursuant to Section 11.26 above), and the Gross Revenues of such Person exceed one million dollars ($1,000,000) within any twelve (12) month period covered by the audit, the cost of the audit shall be borne by the Person owing the Franchise Fees.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.42.  FIVE YEAR RETENTION.
   Books and records required to be retained under this Chapter, a Franchise, or other Applicable Law shall be kept for at least five (5) years from the date such book or record was prepared.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.43.  INSPECTION.
   Facilities shall be subject to the right of periodic inspection by the City, without notice, to determine compliance with the provisions of this Chapter, the Franchise, or other Applicable Law.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
SEC. 11.44.  FRANCHISE COMPLIANCE REPORTS.
   (a)   Controller's Report. No less than every two (2) years, the Controller shall file a report with the Board analyzing whether each Person owing a Franchise Fee is complying with the audit, reporting requirements, and payment obligations contained in this Chapter and any Franchise.
   (b)   Department's Report. No less than every two (2) years, the Department shall file a report with the Board analyzing whether each Grantee is complying with all provisions of this Chapter and its Franchise, except for those addressed by the Controller's Report. The Department's Report shall also identify any Person who may be subject to this Chapter but has not complied with the obligation to obtain a Franchise or pay Franchise Fees.
ARTICLE VI:
CABLE SYSTEM REQUIREMENTS
 
Applicability.
Customer Service Requirements.
Technical Requirements.
Rate Regulation.
Subscriber Privacy.
Type of Franchise.
Compliance With Customer Service Standards and Consumer Protection Laws.
Public Service Announcements in the Event of an Emergency.
Interconnection.