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(a) The Office of Small Business shall establish and maintain a registry of Neighborhood Anchor Businesses in San Francisco (“the Registry”).
(b) For purposes of this Section 2A.244 and Section 2A.245, “Neighborhood Anchor Business” means a business that either (1) is included in the Legacy Business Registry under Section 2A.242 of this Article, or (2) is designated pursuant to subsection (d), below, and meets all of the following criteria:
(1) The business has been in continuous operation in San Francisco for 15 or more years at the time of nomination, meaning there has been no break in San Francisco operations exceeding two years, provided that a period of non-operation during the COVID-19 pandemic shall not be considered a break in operations;
(2) The business has operated for that period in at least one physical location within a Neighborhood Commercial District (Planning Code Art. 7), Historic District (Planning Code Art. 10), Conservation District (Planning Code Art. 11), or Cultural District (Administrative Code Chapter 107), or in a location that has subsequently been recognized as a Neighborhood Commercial District, Historic District, Conservation District, or Cultural District. For purposes of this Section 2A.244, “Neighborhood Commercial District” shall include a Neighborhood Commercial Transit District and any other class of district established by Planning Code Section 702.
(3) The business has a total of 100 or fewer employees across all locations.
(c) A business shall not be eligible for inclusion in the Registry if there are any pending complaints against the business related to the violation of any worker protection law filed in court or with the California Division of Labor Standards Enforcement (DLSE), the San Francisco Office of Labor Standards Enforcement (OLSE), the California Division of Occupational Safety and Health (Cal/OSHA), or the California Division of Workers’ Compensation (hereinafter, “labor enforcement agencies”); if any court or labor enforcement agency has issued findings within the past five years that the business has violated any worker protection law, unless the relevant court or agency determines that the misconduct has since been corrected or resolved; or if the business has any unpaid judgment against it based on a finding by a court or labor enforcement agency that the business violated any worker protection law. If a court or labor enforcement agency issues such findings of misconduct against a business already included in the Registry, the inclusion of that business in the Registry shall automatically be suspended until the court or labor enforcement agency determines that the misconduct has been corrected or resolved.
(1) Any business nominated to the Neighborhood Anchor Business Registry must first, as condition of that nomination, submit a signed, sworn statement under penalty of perjury, in a form to be provided by the Office of Small Business, that the business is in compliance with this subsection (c). The business shall also disclose as a part of the statement whether it has any pending complaints against it before a court or labor enforcement agency for violation of a worker protection law.
(2) Any business included in the Registry must notify the Office of Small Business of any subsequent change in circumstances that would render its previous sworn statement inaccurate within 30 days of becoming aware of those changes.
(d) The Office of Small Business shall enter a proposed Neighborhood Anchor Business in the Registry as follows:
(1) The proposed Neighborhood Anchor Business must first be nominated by a local merchants association representing the neighborhood where the Business is located, nominated by the Small Business Commission, or recommended by petition signed by 25 or more residents who live within a one-mile radius of the Business. The Executive Director of the Office of Small Business may, by regulation, identify additional community-based organizations that may nominate businesses for inclusion in the Registry, where the Executive Director determines that such organizations have an established connection to the local business community and that the addition of such organizations would advance the City’s racial equity and language access goals.
(2) No merchants association or community-based organization may nominate more than 10 businesses for inclusion in the Registry in any year. The Small Business Commission may nominate no more than 10 businesses for inclusion in the Registry in any year. There shall be no cap on the number of nominations by petition permitted in a year;
(3) The Executive Director shall determine whether the nomination meets the requirements of subsections (d)(1) and (2), above, and whether the proposed Neighborhood Anchor Business meets the requirements of subsection (b), above; and
(4) The Executive Director specifies in the Registry the location or locations of the Neighborhood Anchor Business that meet the requirements of subsection (b)(2), above.
(e) In order to remain on the Registry, a Neighborhood Anchor Business must continue to meet the criteria set in subsection (b).
(f) In addition to its duties under Section 2A.245, and subject to the fiscal and budgetary provisions of the Charter, the Office of Small Business may develop and submit to the Mayor and the Board of Supervisors for approval programs to preserve and grow Neighborhood Anchor Businesses, including programs for business and technical assistance, lease renewal and acquisition assistance, public education and commendation initiatives to recognize and honor the contributions of Neighborhood Anchor Businesses, and additional business stabilization and neighborhood continuity initiatives.
(g) To ensure that the implementation of the Neighborhood Anchor Business Registry program comports with the City’s racial equity and language access goals and that the Registry includes an equitable balance of industries and types of businesses, the Office of Small Business shall, by October 1 of each year, prepare and submit to the Mayor and the Board of Supervisors a report on the characteristics and demographics of the businesses included in the Registry. The report shall include a breakdown of the businesses by industry type, the method of nomination to the Registry, the geographic distribution of the businesses, and the number of any requests for financial assistance or lease assistance made by the businesses through the Office of Small Business. The report shall also include summaries of how many people are employed by the businesses in the Registry, the race or ethnicity of those employees, their gender identity, and the languages spoken by those employees, and summaries of the race or ethnicity of the owners or operators of the businesses, their gender identity, and the languages spoken by the owners or operators.
(Added by Ord. 80-21, File No. 210303, App. 6/17/2021, Eff. 7/18/2021)
(a) It shall be City policy to include and, as appropriate, give priority to Neighborhood Anchor Businesses in the award and administration of any grant or loan program for San Francisco businesses related to relief or recovery from the COVID-19 emergency, subject to any applicable legal restrictions and consistent with the City’s racial equity and language access goals. All City officers and departments shall cooperate with the Office of Small Business in carrying out this policy. No later than 30 days after the Office of Small Business issues an application form for the Registry program, the Office shall prepare a report identifying all such programs that have as of that date formally adopted and promulgated eligibility requirements. If the City adopts any such grant or loan programs after the effective date of this Section 2A.245, the Office of Small Business shall add the programs to the report no later than 30 days after the formal adoption of eligibility criteria for those programs. The Office of Small Business shall inform Neighborhood Anchor Businesses of such opportunities and assist them, as appropriate, in applying and qualifying for such programs.
(b) It shall be City policy to include and, as appropriate, give priority to Neighborhood Anchor Businesses in any commercial lease assistance, conflict resolution, or commercial eviction defense programs for San Francisco businesses, subject to any applicable legal restrictions and consistent with the City’s racial equity and language access goals. All City officers and departments shall cooperate with the Office of Small Business in carrying out this policy. No later than 30 days after the Office of Small Business issues an application form for the Registry program, the Office shall prepare a report identifying all such programs that have as of that date formally adopted and promulgated eligibility requirements. If the City adopts any such commercial lease assistance, conflict resolution, or commercial eviction defense programs after the effective date of this Section 2A.245, the Office of Small Business shall add the programs to the report no later than 30 days after the formal adoption of eligibility criteria for those programs. The Office of Small Business shall inform Neighborhood Anchor Businesses of such programs and assist them, as appropriate, in applying and qualifying for such programs.
(Added by Ord. 80-21, File No. 210303, App. 6/17/2021, Eff. 7/18/2021)
(a) Definitions. For purposes of this Section 2A.246, the following terms have the following meanings:
(1) “Legacy Business” has the meaning set forth in Section 2A.242(b) of this Code.
(2) “Program” means the Legacy Business Assistance Program.
(3) “Fund” means the Legacy Business Assistance Program Fund.
(b) Legacy Business Assistance Program Fund.
(1) Funds for the Program shall be deposited in the Legacy Business Assistance Program Fund, which shall be used for grants and assistance to Legacy Businesses and landlords of Legacy Businesses, as well as marketing, promotions, branding, and programmatic expenses to support Legacy Businesses.
(2) The Fund shall be a category 4 fund, as that term is defined in Administrative Code Section 10.100-1.
(c) Oversight and Management.
(1) The Small Business Commission shall provide oversight of the Office of Small Business’s management of the Program.
(2) The Office of Small Business shall report annually to the Small Business Commission on the activities and expenditures of the Program.
(3) The Office of Small Business shall manage the Program, including but not limited to the approval of grants, assistance, marketing, promotions, branding, and programmatic expenses.
(d) Operation of the Program.
(1) Grants to Legacy Businesses. To promote the long-term stability of Legacy Businesses and to help Legacy Businesses remain in San Francisco, the Fund may be used to fund grants to Legacy Businesses, as defined in Section 2A.242, consistent with any rules and regulations approved by the Small Business Commission.
(2) Financial and Business Assistance to Legacy Businesses. To promote the long-term stability of Legacy Businesses and to help Legacy Businesses remain in San Francisco, the Fund may be used to provide other financial assistance, business assistance, incentives, and programs to Legacy Businesses, consistent with any rules and regulations approved by the Small Business Commission.
(3) Grants to Landlords of Legacy Businesses. To provide incentives for landlords to enter into long-term leases with Legacy Businesses and secure the future stability of San Francisco’s long-operating businesses, the Fund may be used to provide grants to landlords who enter into agreements with Legacy Businesses that lease real property in San Francisco, consistent with any rules and regulations approved by the Small Business Commission.
(4) Financial and Business Assistance to Landlords of Legacy Businesses. To provide incentives for landlords to enter into long-term leases with Legacy Businesses and secure the future stability of San Francisco’s long-operating businesses, the Fund may be used to provide other financial assistance, business assistance, incentives, and programs to landlords of Legacy Businesses, consistent with any rules and regulations approved by the Small Business Commission.
(5) Exemption from Chapter 21G of the Administrative Code and Other Obligations. The Office of Small Business does not need to enter into a contract with Legacy Businesses and/or landlords of Legacy Businesses in order to provide grants or financial assistance pursuant to this Section 2A.246. All grants and financial assistance to Legacy Businesses and/or landlords of Legacy Businesses entered into pursuant to this Section 2A.246, are not subject to the provisions in the Municipal Code, including but not limited to Chapter 21G of the Administrative Code, and all other provisions in the Administrative, Labor and Employment, Environment, or Police Codes, imposing obligations or other restrictions on contractors.
(6) Marketing, Promotions, Branding, and Programmatic Expenses. To maintain San Francisco’s cultural identity and to foster civic engagement and pride, the Fund may be used to fund marketing, promotions, branding, and programmatic expenses to support Legacy Businesses and landlords of Legacy Businesses and other related programmatic expenses, with management by the Office of Small Business.
(e) Rules and Regulations.
(1) Within six months of the effective date of the ordinance in Board of Supervisors File No. 240088 enacting this Section 2A.246, and before the disbursement of any monies from the Fund, the Small Business Commission shall, after a noticed hearing, adopt such rules and regulations necessary to implement this Section 2A.246 and achieve the purposes identified in subsection (d), including but not limited to eligibility criteria and application procedures for grants from the Fund. Rules and regulations shall become final in accordance with subsection (e)(2).
(2) Any rules and regulations adopted under the authority of subsection (e)(1) shall be subject to disapproval of the Board of Supervisors by ordinance. The Small Business Commission shall provide written notice to the Clerk of the Board of Supervisors of its adoption of any rule or regulation under subsection (a), along with a copy of said rule or regulation. If a Member of the Board of Supervisors does not introduce an ordinance to disapprove the rule or regulation within 30 days of the date of delivery of such notice to the Clerk of the Board of Supervisors, or if such an ordinance is introduced within the 30-day period but the ordinance is not enacted by the City within 90 days of the date of the Commission’s delivery of notice to the Clerk of the Board of Supervisors, the rule or regulation shall become final.
The Office of Small Business shall assist tenants operating businesses at 3150 18th Street by referring them to appropriate City departments to apply for permits or licenses during the period of the time-limited legitimization program established in Planning Code Section 192. All other City departments shall provide information or assistance upon request to the Office of Small Business in carrying out its responsibilities under this Section 2A.244.1
CODIFICATION NOTE
Office of the Chief Medical Examiner. |
(a) The Office of the Chief Medical Examiner. There shall be an Office of the Chief Medical Examiner that shall carry out the functions and duties set forth in California Government Code Sections 27460 et seq., as may be amended from time to time, as well as any other functions assigned to the Office by State law, by ordinance, or by the City Administrator provided that those duties are consistent with the Office’s duties under State law and are otherwise permitted under local law.
(b) Appointment and Removal of Chief Medical Examiner and Executive Director. The City Administrator, with the concurrence of the Mayor, shall appoint and may remove a Chief Medical Examiner who shall meet the qualifications for Chief Medical Examiner as provided by State law. The City Administrator also shall appoint and may remove an Executive Director. The Executive Director shall not be required to meet the qualifications of a Chief Medical Examiner.
(c) Duties and Functions of the Chief Medical Examiner and Executive Director. The Chief Medical Examiner shall appoint and supervise the work and performance of all assistant or deputy medical examiners in the Office, and shall be responsible for making all final decisions assigned to a medical examiner or coroner under California Government Code Sections 27460 et seq., as may be amended from time to time. In all other respects, the Executive Director shall serve as department head and appointing officer for the Office, and shall be responsible for administrative supervision of all employees of the Office including the Chief Medical Examiner. The Executive Director shall appoint all employees in the Office, except the positions of assistant or deputy medical examiner. The City Administrator may assign additional duties to the Executive Director as the City Administrator deems appropriate.
(d) Whenever the position of Executive Director is vacant, the City Administrator shall assign an employee in the Office or in the General Services Agency to assume the duties and responsibilities of the Executive Director set forth in this Section 2A.250 on an interim basis until the City Administrator appoints an Executive Director.
(e) The Office shall include such other officers and employees as are authorized pursuant to the budgetary and fiscal provisions of the Charter.
(Added by Ord. 206-04, File No. 040760, App. 8/5/2004; amended by Ord. 131-05, File No. 050497, App. 6/30/2005; Ord. 55-21, File No. 210140, App. 4/23/2021, Eff. 5/24/2021)
Department of Convention Facilities. |
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