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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
ARTICLE 22:
PARKING STATIONS; REVENUE CONTROL EQUIPMENT
 
[Parking Revenue Control Equipment]
Definitions.
Exempted Parking Stations.
RCE Requirements for All Parking Stations.
Requirements for Small Attended Parking Stations.
Requirements for Attended Parking Stations.
Requirements for Flat Rate Parking Stations.
Requirements for Monthly-Only Parking Stations.
Requirements for Unattended Parking Stations.
Equipment Requirements for Public Event Parking Stations.
Equipment Requirements for Valet Parking Stations.
Multiple Operations Parking Stations.
New Parking Technology.
Electronic Payment.
Maintenance and Repair of Revenue Control Equipment.
Manual Revenue Control Procedures Required When Revenue Control Equipment is Not Operational.
Inspections of Parking Stations.
Required Business Practices for All Parking Stations.
[Revenue Control Equipment Compliance Fee]
Title and Purpose.
Imposition of Revenue Control Equipment Compliance Fee.
Collection and Enforcement.
Exemptions.
Authority to Adopt Rules and Regulations.
Fee to be Deposited in the General Fund.
Effective/Operative Dates.
Consumer Protection.
Severability.
Enforcement.
Civil Penalties.
Consumer Action and Relief.
Criminal Penalties.
Cumulative Remedies.
Limitation of Actions.
Cooperation with City Agencies.
City Garages.
Severability.
 
SEC. 2201.  DEFINITIONS.
   (a)   Sections 2201 through 2218 of this Article shall be known as the "Parking Revenue Control Equipment Ordinance."
   (b)   Existing Defined Terms. The terms "Operator," "Occupant," "Occupancy," "Parking Station," "Motor Vehicle," and "Rent" shall have the meaning set out in Article 9, Section 601 of this Code.
   (c)   Additional Defined Terms. When used in this Article, the following terms shall mean:
      "Affiliate" means a Person who owns or Controls, is owned or Controlled by, or shares common ownership or Control with, another Person.
      "Attendant Parking" means the service of parking an Occupant's Motor Vehicle at an Attended Parking Station or in a Parking Station connected with the Attended Parking Station provided by the Attended Parking Station Operator.
      "Attended Parking Station" means a Parking Station in which the Operator utilizes an attendant or cashier or other employee to issue Parking Tickets and/or collect Rent and/or otherwise assist Occupants.
      "Automatic Vehicle Counter" means a mechanical or electronic device, such as a hose counter, electric eye, arming and/or triggering loop, or other automated counting device that records the passage of a Motor Vehicle.
      "Cancelled Transaction" means a Transaction that the Operator cancels prior to payment.
      "City Garage" means a Parking Station owned by the City and County of San Francisco or by the Parking Authority of the City and County of San Francisco.
      "Collected Tickets" means the number of Parking Tickets returned to the Operator by Occupants for payment of Rent.
      "Control" means the power to control the affairs and key decisions of another person, association or corporation, as the term Control is further defined in Article 6, Section 6.6-1(f)(2) of this Code.
      "Discount Parking" means parking provided for reduced Rent to members of a class of Occupants, including but not limited to early morning entry Occupants ("early-bird"), scooter or motorcycle Occupants, carpool Occupants, and persons with a merchant validation.
      "Discount Parking Ticket" means a Parking Ticket issued for Discount Parking.
      "Electronic Payment" means the payment of Rent using a credit card, debit card, prepaid account card, cellular phone, Quick Response (QR) code, or other method of payment that does not utilize cash or bank check and is acceptable to the Enforcing Agency, as more particularly described in Sections 2203(g) and 2213.
      "Electronic Payment Record" means the record of a Transaction generated in the course of Electronic Payment of Rent, as described in Section 2213.
      "Enforcing Agency" means the Tax Collector for the City and County of San Francisco.
      "Flat Rate Parking" means parking provided for a fixed Rent for a prescribed or limited time Occupancy Period at a Parking Station that is not a Public Event Parking Station.
      "Inventory" means the number of motor vehicles present in a Parking Station at a given time.
      "Issued Tickets" means the total number of Parking Tickets issued to Occupants, including Voided Tickets, and Parking Tickets otherwise used or consumed in the operation of the Parking Facility for a given period.
      "Journal Tape" means a printed record of every Transaction, in consecutive order, that is generated by RCE not capable of producing an electronic Log File (e.g., a cash register or fee computer tape).
      "Log File" means an electronic read-only record generated by the RCE that is a consecutive record by date and time of every Transaction and the actions of the RCE and ancillary RCE devices.
      "Lost Ticket" means a Parking Ticket that has been issued to and misplaced by an Occupant, which has not been returned to the Operator with payment of Rent.
      "Monthly Occupant" means an Occupant who pays a flat fee for Occupancy on a monthly basis.
      "Monthly Parking" means parking for which Rent is charged to the Occupant as a fixed monthly fee.
      "NIST Book 44" means the National Institute of Standards and Technology, Book 44, as adopted by the State of California pursuant to California Code of Regulations Section 4400 et seq.
      "Occupancy Period" means the time elapsed between the entry and the exit of an Occupant's Motor Vehicle from a Parking Station for which the Operator charges Rent.
      "Parking Meter" means a mechanical or electronic device, owned or operated by the City and County of San Francisco, for the purpose of measuring the time a Motor Vehicle is permissibly parked in a parking space. For purposes of this Article, a Parking Meter is not RCE.
      "Parking Tax" means the tax and surcharge imposed on Rent charged for Occupancy in a Parking Station imposed by Article 9 of the Business and Tax Regulations Code.
      "Parking Ticket" means the record provided by the Operator to the Occupant setting forth the time and date that the Occupant's Motor Vehicle entered the Parking Station that is used by the Operator to determine the Rent charged to the Occupant.
      "Pay and Display Parking Station" means an Unattended Parking Station in which Occupants utilize a Pay Station to pay Rent for a specified Occupancy Period and receive a Receipt or Parking Ticket that the Occupant displays conspicuously in his or her Motor Vehicle as proof of payment.
      "Pay Station" means a mechanical or electronic device that accepts payment or prepayment of Rent from an Occupant and issues a Parking Ticket, release ticket or Receipt.
      "Periodic Report" means a report prepared daily, weekly, monthly, or quarterly by the Operator showing, at a minimum, the total Rent collected for that period, the identification numbers of the Parking Tickets used during that period, and the number of vehicles parked in the Parking Station during that period.
      "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 or any of its departments or agencies.
      "Public Event Parking Station" means a Parking Station with more than five parking spaces, the Occupants of which are principally attendees of public events, such as a performing arts or sporting events, that occur fewer than 100 days in any calendar year and for which an Occupant prepays a flat-rate Rent for a fixed Occupancy Period.
      "RCE" means Revenue Control Equipment.
      "RCE Records" means the documents and reports generated by Revenue Control Equipment, including but not limited to Log Files or Journal Tapes. Books of account, accounting records, and other financial records provided by an Operator to the City in the course of an audit to confirm the data in Log Files or Journal Tapes shall also be considered RCE records.
      "Receipt" means the record issued by an Operator to an Occupant of the Rent paid by or on behalf of the Occupant.
      "Release Ticket" means the ticket issued by an Operator in exchange for payment of Rent that allows the Occupant to exit the Parking Station.
      "Revenue Control Equipment" means an automated mechanical or electronic device or devices that meet(s) the requirements of this Article. For purposes of this Article, a Parking Meter is not RCE.
      "Service Agent" means a person or other entity engaged in the business of installing, maintaining, or repairing RCE.
      "Small Attended Parking Station" means an Attended Parking Station that receives annual gross revenues below the threshold stated in Section 2204(a).
      "Substitute Ticket" means a Parking Ticket that an Operator processes as a replacement for a Lost Ticket.
      "Transaction" means the calculation and payment of Rent for Occupancy.
      "Transient Parking" means parking for which Rent is charged to the Occupant by the hour or the fraction of the hour.
      "Unaccounted Ticket" means a ticket that is issued to an Occupant and is not returned to the Operator. A Lost Ticket is an Unaccounted Ticket.
      "Unaccounted Ticket Ratio" means the ratio of Unaccounted Tickets to Issued Tickets for a given period, expressed as a percentage of Issued Tickets.
      "Unattended Parking Station" means a Parking Station in which the Operator does not use an attendant or cashier or other employee to issue Parking Tickets, collect Rent, and/or otherwise assist Occupants.
      "Valet" means a person or a service company subject to the requirements of the Police Code as a Fixed Location Valet Parking Service or a Special Event Valet Parking Service.
      "Valet Lot" means a Parking Station, including a garage, lot or other off-street space or facility, used by a Valet for the parking or storage of Motor Vehicles in exchange for which the Valet receives compensation or other consideration.
      "Voided Ticket" means a Parking Ticket that is not issued to an Occupant, but that is used in the course of the Operator's testing, repair or maintenance of the RCE.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2202.  EXEMPTED PARKING STATIONS.
   The requirements of this Article shall not apply to any Parking Station:
   (a)   That does not charge Rent at any time;
   (b)   That is operated by the City and County of San Francisco and uses Parking Meters;
   (c)   In which all Rent paid for Occupancy is paid by a resident or a registered guest of a hotel or motel by adding the Rent to the room bill or charge to the resident, or registered guest, as long as the charges for the hotel room and the charges for parking are subject to the Tax on the Transient Occupancy of Hotel Rooms set out in Article 7 of the Business and Tax Regulations Code;
   (d)   That is located in a residential building or development that provides Monthly Parking as a convenience or additional amenity to its residents. This exemption shall apply only to Rent paid by persons who are residents of the building or development in which the Parking Station is located, and where parking is provided as a convenience or additional amenity to such residents; or
   (e)   That is operated by a governmental entity other than the City and County of San Francisco or the Parking Authority of the City and County of San Francisco. A Parking Station operated by a person other than a governmental entity is not exempt from the provisions of this Article, even if the Parking Station is located on property owned by a governmental entity.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 5-13 , File No. 121064, App. 1/24/2013, Eff. 2/23/2013; Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2203.  RCE REQUIREMENTS FOR ALL PARKING STATIONS.
   (a)   Unless otherwise specifically exempted in this Article, a Parking Station must utilize functioning RCE that meets the requirements of this Section and all other applicable provisions of this Article whenever the Operator charges Rent for Occupancy.
   (b)   RCE must record all Transactions either to a Log File or to a Journal Tape, as required by this Article.
   (c)   An Operator shall utilize RCE that meets the requirements of this Article to track and account for Transactions and to record and account for Rent received and Parking Taxes to be collected and remitted to the Tax Collector.
   (d)   Neither an Operator nor any of its Affiliates, agents or employees shall have more than a five percent ownership interest or other monetary, equitable, or secured interest in the manufacturer of, vendor of or Service Agent for the RCE used in any Parking Station controlled by said Operator.
   (e)   In any case in which the Operator has an ownership interest of any kind or any amount in the manufacturer of, vendor of or Service Agent for the RCE used in any Parking Facility under the control of the Operator, the Operator shall not have access to the source code or access to any part of the RCE software, hardware, data storage devices, or other RCE equipment that would allow the Operator to modify or delete RCE Records or other data that is generated or stored in the RCE, including but not limited to Rents charged, monies for Rent collected, Occupancy Periods, and Parking Taxes collected or owed.
   (f)   All RCE that contains a time clock or recorder must meet or exceed the specifications, tolerances, performance and testing standards for time clocks and time recorders set out in the NIST Book 44, Section 5.55, as it may from time to time be amended. Time clocks, time recorders and other timing devices incorporated or used in RCE must be electronic and must not be capable of recalibration or other adjustment other than setting the current time and date.
   (g)   Where an Operator is required to accept or voluntarily accepts Electronic Payment, the RCE must: (1) record the time and date of a Motor Vehicle's entry to the Parking Station and the Occupancy Period; (2) assign a unique identification number to the Transaction associated with the method of payment; and (3) record the Rent charged and Parking Tax assessed. Methods of Electronic Payment must be administered by a third party payment processor that is not affiliated with the Operator of the Parking Station. Any Electronic Payment method must create an Electronic Payment Record for every Transaction. A Parking Station that accepts Electronic Payment must post the business telephone and address of the Operator or the Operator's agent responsible for addressing complaints concerning incorrect charges and other issues concerning payment of Rent.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2204.  REQUIREMENTS FOR SMALL ATTENDED PARKING STATIONS.
   (a)   An Operator of a Small Attended Parking Station shall comply with all applicable provisions of this Article, unless an exemption as specified in this Section 2204 is granted in writing by the Enforcing Agency. The Operator of a Small Attended Parking Station may apply to the Enforcing Agency for exemption from the requirements of Sections 2203, 2205, and 2213, provided that the Operator demonstrates to the satisfaction of the Enforcing Agency that the gross annual revenues of the Parking Station from Rent do not exceed $40,000. An Operator of a Small Attended Parking Station is not required to accept Electronic Payment, but if it does accept Electronic Payment it must comply with the requirements of Section 2213.
   (b)   If the Enforcing Agency grants the Operator of a Small Attended Parking Station an exemption from the requirements of Sections 2203, 2205, and 2213, the Operator shall:
      (1)   Provide to each Occupant a Parking Ticket that has preprinted on it a unique sequential identification number. The Parking Ticket shall either have a stub or a split portion that the Operator shall place on the windshield of the Occupant's Motor Vehicle. The Operator shall not use a Parking Ticket more than once.
      (2)   Write the Occupant's Motor Vehicle's license plate number on the Parking Ticket in ink.
      (3)   Stamp the Parking Ticket with the time the Occupant's Motor Vehicle entered the Parking Station and the time it exited the Parking Station, using a mechanical or electronic time-stamp or punch clock device.
      (4)   Upon an Occupant's payment of Rent, provide to the Occupant a hand-written or machine generated Receipt stating the date and time of the Occupant's Motor Vehicle's entry to and exit from the Parking Station, the Rent charged, the name of the attendant, and the name and address of the Parking Station.
      (5)   Create a Periodic Report for each day that the Parking Station provides parking in exchange for Rent.
      (6)   The Operator shall retain all Periodic Reports created pursuant to this Section 2204 and all issued Parking Tickets for not less than five years after their creation.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2205.  REQUIREMENTS FOR ATTENDED PARKING STATIONS.
   Except as specifically exempted or otherwise required by this Article, an Operator of an Attended Parking Station that charges Rent for Occupancy by the hour or the fraction of an hour shall utilize RCE that meets the requirements of this Section 2205.
   (a)   Except for Attended Parking Station Transactions that utilize Electronic Payment, the Operator must provide a Parking Ticket issued by the RCE to the Occupant at the time the Occupant's Motor Vehicle enters the Parking Station. The Parking Ticket must state the time and date of entry, and the name and address of the Parking Station. Each Parking Ticket issued by the Operator must contain a preprinted, unique, sequential identification number that is not printed by the RCE. This preprinted ticket, once issued, shall directly correspond and be traceable to a unique identification number for the transaction that is generated by the RCE.
   (b)   The RCE must record the following information to a Journal Tape or Log File in the sequential order in which the events occur:
      (1)   Time and date of a Motor Vehicle's entry to a Parking Station;
      (2)   Time and date of a Motor Vehicle's exit from a Parking Station;
      (3)   Amount of Rent charged;
      (4)   Value of any discounts to Rent provided;
      (5)   Amount of Parking Tax collected;
      (6)   Identity or identification number of the Operator's employee who processed the Transaction or the identification number of the RCE Pay Station that processed the Transaction.
   (c)   Each Transaction must be identified in the Log File or Journal Tape by a nonresettable, sequential identification number assigned by the RCE.
   (d)   RCE must be capable of providing a legible Receipt to an Occupant at the time that the Occupant pays Rent. Pay Stations and cashiers must offer the Occupant a Receipt at the time that the Occupant pays Rent. A Receipt must contain the following information:
      (1)   Time and date of the entry of the Occupant's Motor Vehicle to the Parking Station;
      (2)   Time and date of the exit of the Occupant's Motor Vehicle from the Parking Station;
      (3)   Total amount Operator charged Occupant, including Rent and Parking Tax;
      (4)   Parking Station address; and
      (5)   Business telephone and address of Operator or Operator's agent responsible for addressing consumer complaints.
   (e)   Data that is entered to or maintained in a Log File or a Journal Tape must be accessible to the Operator only in a read-only format, so that the Operator, the Operator's employees, and Service Agents cannot delete or alter any of the recorded data. The RCE vendor must disable any RCE data functions that would allow an Operator or its agents or its employees to delete or modify data entered into the RCE.
   (f)   The Operator shall not alter or attempt to alter the data in a Log File or a Journal Tape.
   (g)   Every day that the Parking Station is open for business, all information and data received or generated by the RCE that is recorded to a Log File for that day must be replicated or backed-up to a data tape, disk or hard drive or digital data storage medium in a readily accessible read-only format, and said information and data must be maintained in San Francisco by the Operator in that format for not less than five years from the date of its creation.
   (h)   Each day that the Attended Parking Station is open for business, all information and data received or generated by RCE that is recorded to a Journal Tape for that day must be printed out. The Operator must maintain the printed data in San Francisco for not less than five years from the date of its creation.
   (i)   Where the Operator of an Attended Parking Station utilizes RCE that includes a computer, a network server, or an Internet-based software or database program, all employees and agents of an Operator, including but not limited to cashiers, attendants, bookkeepers, supervisors and managers, and RCE maintenance personnel, must be individually identified by the RCE, and each Transaction and data entry, including all payments received, Voided Tickets or Cancelled Transactions, and Discount Parking Rent charged, must be attributed to such individual in the Log File. The RCE must also record whenever the RCE software program is altered and by whom.
   (j)   In an Attended Parking Station, for any Transaction that utilizes Electronic Payment, the Operator is exempt from the following requirements of this Article: (1) to issue a Parking Ticket as required by Section 2205(a); and, (2) to retain Parking Tickets as required by Section 2218(b).
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2206.  REQUIREMENTS FOR FLAT RATE PARKING STATIONS.
   The Operator of a Parking Station that provides Flat Rate Parking and does not provide Public Event Parking is not required to comply with Sections 2205(b)(2), 2205(d)(2), and 2205(i) of this Article, but shall comply with all other provisions of Section 2205.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010)
SEC. 2207.  REQUIREMENTS FOR MONTHLY-ONLY PARKING STATIONS.
   (a)   The Operator of a Parking Station that only provides parking to Monthly Occupants and never provides any other type or mode of parking is not required to utilize RCE, but shall maintain records of the names and billing addresses of Occupants and the amount of Rent charged, the value of any discounts provided, and the amount of Parking Tax collected from each Occupant. The Operator shall maintain said records in San Francisco for not less than five years from the date of their creation. An Operator of a Parking Station that only provides parking to Monthly Occupants may accept Electronic Payment that meets the requirements of Section 2213.
   (b)   The Operator must provide each Monthly Occupant with a decal, hangtag or other means of identifying the Occupant's authorization to park in the Parking Station, and the Operator must require that each Occupant utilize the decal or hangtag provided.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2208.  REQUIREMENTS FOR UNATTENDED PARKING STATIONS.
   (a)   An Operator of an Unattended Parking Station must either (1) use Pay and Display RCE that issues a Parking Ticket to be displayed in the Occupant's Motor Vehicle, or, (2) use RCE that utilizes a method of Electronic Payment acceptable to the Enforcing Agency that records the Occupant's Motor Vehicle's license number, parking space number, or some other means of identifying the Occupant as having paid Rent.
   (b)   An Unattended Parking Station that uses Electronic Payment must have individually numbered and clearly marked parking spaces. The RCE must be able to record the identification number of the parking space occupied by the Occupant's vehicle to track period of Occupancy and confirm Payment of Rent.
   (c)   Pay and Display RCE must upon the payment of Rent issue a Parking Ticket or Receipt to the Occupant that states the time and date issued, the amount of Rent prepaid, and the Occupancy Period. The Parking Ticket or Receipt must contain a statement instructing the Occupant to display it on the dashboard of his or her vehicle, and must warn the Occupant that his or her vehicle may be towed for failing to display the Parking Ticket or Receipt as required.
   (d)   The Operator of an Unattended Parking Facility shall post a sign, which is at least 10 inches by 15 inches in size, and in type at least one inch high and 3/4 inches wide, at every location where the Occupant pays Rent or in a at least two places that are otherwise conspicuous and obvious to any Occupant, instructing the Occupant how to pay Rent and warning the Occupant that his or her Motor Vehicle may be towed for failure to display the Parking Ticket as instructed and/or failure to pay Rent.
   (e)   Pay and Display RCE must upon the payment of Rent issue a Parking Ticket or Receipt to the Occupant that states the time and date issued, the amount of Rent prepaid, and the Occupant Occupancy Period. The Parking Ticket or Receipt must contain a statement instructing the Occupant to display the Parking Ticket or Receipt on the dashboard of his or her Motor Vehicle, and must warn the Occupant that his or her Motor Vehicle may be towed for failing to display the Parking Ticket or Receipt as required.
   (f)   Where an Operator has met the requirements of this Section 2208, and the Occupant fails to pay Rent or fails to display the Parking Ticket as instructed, the Operator may in its discretion tow the Motor Vehicle in accordance with California Vehicle Code Sections 22658, 22952, 55953 or other applicable law or charge additional Rent. Such additional rent must be clearly stated in the rate posting signage required by Section 2220(b) of this Article.
   (g)   The Enforcing Agency may issue such rules and regulations as are required to provide for the remote payment of Rent at Unattended Parking Stations through the use of telephones, cellular telephones, smart cards, debit cards or other electronic devices, consistent with the purposes and provisions of this Article.
   (h)   An Operator of an Unattended Parking Station shall not tow or charge additional Rent to any Motor Vehicle that entered the Unattended Parking Station while the RCE was not fully operational and for a period of eight hours after the RCE is restored to full function.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2209.  EQUIPMENT REQUIREMENTS FOR PUBLIC EVENT PARKING STATIONS.
   (a)   An Operator of a Public Event Parking Station shall at each vehicle entrance to the Parking Station utilize an Automatic Vehicle Counter to record every Motor Vehicle entering the Parking Station for purposes of parking.
   (b)   Automatic Vehicle Counters shall display the total number of Motor Vehicles that entered the Parking Station utilizing a non-resettable mechanical or electronic counter.
   (c)   An Operator of a Public Event Parking Station shall provide a Parking Ticket to each Occupant upon entry to the Parking Station, and the Operator shall instruct the Occupant to place the Parking Ticket on the dashboard of the Motor Vehicle or other conspicuous place in the Motor Vehicle. Every Parking Ticket must display a unique, preprinted sequential identification number, the date of the event, and the address of the Parking Station.
   (d)   Automatic Vehicle Counters used in a Public Event Parking Station must be capable of issuing a Journal Tape or Log File report or other record of the number of Motor Vehicles that entered the Parking Station at the point where the Automatic Vehicle Counter was located. The Automatic Vehicle Counter must state on the report the date of the activities reported and the time period in which it was in operation.
   (e)   The Operator of a Public Event Parking Station must reconcile the number of Motor Vehicles registered by Automatic Vehicle Counters with the number of Parking Tickets issued to Occupants for every day that the Parking Station provides public event parking. An Operator must document and explain in writing any discrepancies or differences between the total number of Parking Tickets used and the number of Motor Vehicles counted by the Automatic Vehicle Counters.
   (f)   The Operator of a Public Event Parking Station must retain the documentation of the number of Parking Tickets used and any written explanation of the difference between the number of Parking Tickets used and the number of Motor Vehicles counted by its Automatic Vehicle Counters for not less than five years from the date of the public event.
   (g)   Notwithstanding the requirements of Section 2213, a Public Event Parking Station may but is not required to accept Electronic Payment. The Operator must issue a Parking Ticket to each Occupant, notwithstanding the method of payment of Rent. If the Operator of a Public Event Parking Station accepts Electronic Payment, it must comply with the requirements of Section 2213.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2210.  EQUIPMENT REQUIREMENTS FOR VALET PARKING STATIONS.
   (a)   An Operator of a Valet Parking Station that charges Rent at a flat rate and does not charge Rent to any Occupant by the hour or the fraction of an hour is not required to comply with Sections 2205(a), 2205(b)(1), 2205(b)(2), 2205(d)(1), 2205(d)(2), 2205(d)(4), and 2205(i), but shall comply with all other provisions of Section 2205. An Operator that provides valet services and charges Rent for Occupancy by the hour or the fraction of an hour is subject to all provisions of Section 2205. The requirements of this Article as to Valets are in addition to and do not alter the requirements set out in Section 853 of this Code, Sections 1216 through 1223 inclusive of Article 17 of the Police Code, or other applicable ordinances. An Operator that provides Attendant Parking is not subject to the exemptions of this Section.
   (b)   An Operator of a Valet Parking Station must provide a Parking Ticket issued by the RCE to the Occupant at the time the Operator accepts the keys or otherwise assumes control of the Occupant's Motor Vehicle. The Parking Ticket must state the date of entry, the time of entry if Rent is charged by time, and the name and address of the Operator. Each Parking Ticket issued must contain a unique identification number that corresponds and is traceable to a transaction number generated by the RCE.
   (c)   In a Valet Parking Station, for any Transaction that utilizes Electronic Payment, the Operator is exempt from the following requirements of this Article: (1) to issue a Parking Ticket as required by Section 2210(b); and, (2) to retain Parking Tickets as required by Section 2218(b).
   (d)   An Operator of a Valet Parking Station must comply with the requirements of Section 2203. Where an Operator of a Valet Parking Station utilizes an off-street facility (lot or garage) to park Motor Vehicles, the owner or operator of said off-street facility is not required to issue a separate Parking Ticket for said Motor Vehicles. An owner or operator of an off-street parking facility that is used only by an Operator of a Valet Parking Station, and is not otherwise used as a Parking Facility open to the public, is not required to comply with the provisions of Section 2203.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2211.  MULTIPLE OPERATIONS PARKING STATIONS.
   An Operator shall comply with all applicable provisions of this Article at all times. In particular, Operators shall meet the specific requirements of this Article applicable to different Parking Station operation modes, such as Attended Lot Parking Station, Unattended Parking Station, Flat Rate Parking Station, and Public Event Parking Station, during any time that such Parking Station is being operated in such mode.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2212.  NEW PARKING TECHNOLOGY.
   The Enforcing Agency, by exercise of its rulemaking authority under this Article, may issue rules, determinations and interpretations consistent with the purposes of this Article as may be necessary and appropriate to apply or enforce this Article relating to new or emerging technologies applicable to RCE, including but not limited to Electronic Payment and other forms of RCE that record and process a Transaction without use of a Parking Ticket or that utilize other paperless means of recording and processing a Transaction.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2213.  ELECTRONIC PAYMENT.
   (a)   Unless specifically otherwise provided in Section 2204, an Operator must accept payment of Rent through at least one of the following Electronic Payment methods that comply with the requirements of this Section: credit card, bank debit card, prepaid account card, cellular telephone, QR code, or other means of electronic money transfer that meets the requirements of this Section 2213 and is acceptable to the Enforcing Agency.
   (b)   Where an Operator utilizes Electronic Payment, the Electronic Payment method must create an Electronic Payment Record for every Transaction that assigns a unique identification number to the Transaction and states the location of the Parking Facility, the amount of Rent charged, and the date(s) and Occupancy Period, which information must be transmitted to the Occupant either through a billing statement or receipt. Any method of Electronic Payment must be administered by a third party payment processor that is not affiliated with the Operator of the Parking Station. An Operator that accepts Electronic Payment must post the business telephone and address of the Operator or the Operator's agent responsible for addressing complaints concerning incorrect charges and other issues concerning payment of Rent.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2214.  MAINTENANCE AND REPAIR OF REVENUE CONTROL EQUIPMENT.
   An Operator may maintain and repair its RCE itself or use Service Agents. An Operator's utilization or reliance upon Service Agents shall not relieve the Operator of its ultimate responsibility for ensuring that RCE is installed in the Parking Station, is functioning correctly, and that said RCE complies with the requirements of this Article during all times that the Parking Station provides parking in exchange for Rent.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 2215.  MANUAL REVENUE CONTROL PROCEDURES REQUIRED WHEN REVENUE CONTROL EQUIPMENT IS NOT OPERATIONAL.
   (a)   During any time that RCE is not functioning, the Operator may continue to operate the Parking Station subject to the following conditions:
      (1)   The Operator and/or the Operator's agent shall not tow any Motor Vehicle that entered the Parking Station during the time that the RCE is unable to issue legible Parking Tickets or legible Receipts and for eight hours after the RCE is restored to full function.
      (2)   The Operator shall manually record in ink on preprinted sequentially numbered tickets the following information:
         (A)   Time and date of the entry of the Occupant's Motor Vehicle to the Parking Station;
         (B)   Time and date of the exit of the Occupant's Motor Vehicle from the Parking Station;
         (C)   Total amount Operator charged Occupant, including Rent and Parking Tax;
         (D)   Parking Station address; and
         (E)   Business telephone and address of Operator or Operator's agent responsible for addressing consumer complaints.
      (3)   The Operator shall maintain a log written in ink recording the dates and times and reasons that it utilized manual revenue control procedures. The Operator shall maintain said log and all manually issued Parking Tickets for not less than five years after their creation.
      (4)   The Operator shall issue to every Occupant an individually and sequentially numbered Receipt stating the date, the Occupancy Period, and the amount charged, including Rent and Parking Tax.
   (b)   The Operator shall use good faith efforts to maintain and repair the RCE so that it operates in conformance with the requirements of this Article. If malfunctioning RCE is not restored to full function within 72 hours of the time that it ceased to operate in conformance with this Article (excluding Sundays and holidays if the Operator uses a service repair company), the Enforcing Agency may determine that the Operator has not made a good faith effort to maintain or repair the RCE and is in willful violation of this Article. A determination that the Operator has not attempted in good faith to maintain RCE or repair malfunctioning RCE may be rebutted by the Operator's presentation of proof, that the Enforcing Agency in its sole and absolute discretion deems to be credible, to establish the Operator's good faith efforts to maintain or repair the RCE.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2216.  INSPECTIONS OF PARKING STATIONS.
   The Enforcing Agency may conduct periodic inspections of Parking Stations to ensure that Parking Stations have operational RCE that meets the requirements of this Article.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010)
SEC. 2217.  RESERVED.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; repealed by Ord. 292-10, File No. 101100, App. 11/18/2010)
SEC. 2218.  REQUIRED BUSINESS PRACTICES FOR ALL PARKING STATIONS.
   (a)   Auditable Record. An Operator shall implement and utilize appropriate business practices that, in conjunction with RCE, create an auditable record of the following information for every Transaction:
      (1)   Rent charged and paid;
      (2)   Rent discount, if given;
      (3)   Occupancy Period (or entry and exit times) for Rent charged;
      (4)   Parking Tax collected.
   (b)   Maintenance of Parking Tickets. An Operator must keep in San Francisco each issued or cancelled Parking Ticket for not less than five years from the date the Parking Ticket was issued. Parking Tickets must be provided to any City auditor or other auditor authorized by the Enforcing Agency immediately upon request.
   (c)   Maintenance of Log Files. An Operator shall keep in San Francisco each Log File in an accessible read-only electronic storage format, for not less than five years from the date of the earliest Transaction recorded in said Log File. An Operator must also maintain a printout of all Log Files for not less than five years. Upon request, the Operator shall immediately provide to any City auditor or other auditor authorized by the Enforcing Agency, the Log File in an electronic format readable by the City.
   (d)   Maintenance of Journal Tapes. An Operator shall keep in San Francisco each Journal Tape for not less than five years from the date of the earliest Transaction recorded in said Journal Tape. The Journal Tape must be provided to any City auditor or other auditor authorized by the Enforcing Agency immediately upon request.
   (e)   Improper Use of Discount Parking. An Operator that provides Discount Parking or Flat Rate Parking must establish business practices and control measures to prevent its employees and managers from using a discount Parking Ticket to avoid reporting the full amount of Rent collected or to avoid remitting the correct amount of Parking Tax due.
   (f)   Reconciliation of Transaction Records. No less than monthly, for every day that the Parking Station provides parking to the public in exchange for Rent, an Operator shall reconcile the number of Parking Tickets issued and received, and the number of Motor Vehicles that utilized Electronic Payment, with the number of Motor Vehicles that the RCE recorded as having entered the Parking Station, and shall create a Periodic Report setting out that information for every Transaction that occurred during that period.
   (g)   Training in Use of RCE. An Operator shall train its employees and managers in the required uses of RCE, including but not limited to: recording Transactions; maintaining Parking Tickets, Log Files and Journal Tapes; and reconciling the count and identification numbers of Parking Tickets used and Electronic Payment records with the number of Motor Vehicles that parked in the Parking Station, and the amount of Rent received in any given period.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
[REVENUE CONTROL EQUIPMENT COMPLIANCE FEE]
SEC. 2219.  TITLE AND PURPOSE.
   Sections 2219 through 2219.11 of this Article shall be known as the "Revenue Control Equipment Compliance Fee Ordinance" and the Fee imposed herein shall be known as the "Revenue Control Equipment Compliance Fee" or "Fee." The purpose of this Fee is to recover the City's costs to ensure that all Operators and Parking Stations meet the requirements of this Article.
(Added by Ord. 172-10, File No. 100711, App. 7/23/2010; amended by Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2219.5.  IMPOSITION OF REVENUE CONTROL EQUIPMENT COMPLIANCE FEE.
   The City hereby imposes an annual Revenue Control Equipment Compliance Fee of $500 on each Parking Station that is subject to the RCE requirements set forth in this Article 22.
(Added by Ord. 172-10, File No. 100711, App. 7/23/2010)
SEC. 2219.6.  COLLECTION AND ENFORCEMENT.
   (a)   The Revenue Control Equipment Compliance Fee shall be due to the Tax Collector annually on December 31 and shall be remitted by the Operator.
   (b)   The Fee is payable, when due, at the office of the Tax Collector, and if not paid within 30 days after the same becomes due, the Tax Collector shall add 10 percent to the amount of the Fee as a penalty for nonpayment. If the Fee is not paid within 60 days after the same becomes due, the Tax Collector shall add 15 percent to the amount of the Fee as a penalty for nonpayment. If the Fee is not paid within 90 days after same becomes due, the Tax Collector shall add 25 percent to the amount of the Fee, as a penalty for nonpayment; provided, however, when an Operator has failed for a period of six months or more to pay the Fee, and has allowed the Fee to become delinquent for this or a longer period, the Tax Collector shall, in such instance, impose a penalty of 25 percent on the total amount of the Fee delinquent. The Tax Collector may refer delinquent accounts to the Bureau of Delinquent Revenue for further collection and enforcement.
(Added by Ord. 172-10, File No. 100711, App. 7/23/2010; amended by Ord. 206-13 , File No. 130784, App. 10/11/2013, Eff. 11/10/2013; Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2219.7.  EXEMPTIONS.
   (a)   Exemption. The Fee shall not apply to any Parking Station that is exempt from the requirements of Article 22, pursuant to Section 2202, or that is registered and eligible, under Section 6.9-3 of the Business and Tax Regulations Code.
   (b)   Inspection and Audit. The Tax Collector may inspect or audit any claim for exemption from the Fee to determine whether or not the Parking Station is exempt from the Fee.
   (c)   Notice of Change in Status. Any Operator who claims an exemption to Fee payment must notify the Tax Collector in writing within 10 days of when that Parking Station no longer qualifies for the exemption, if applicable.
   (d)   Penalties for Establishments That Falsely Claim to Qualify for Exemption. Any Operator that claims an exemption and is found by the Tax Collector not to be entitled to the exemption and to have falsely claimed the exemption without reasonable grounds, Operator shall be subject to a penalty of $100. The Tax Collector may impose the penalty by written citation. Any Operator that disputes the Tax Collector's determination under this Section may appeal to the Tax Collector in writing according to the provisions of Article 6, Section 6.19-8.
(Added by Ord. 172-10, File No. 100711, App. 7/23/2010; amended by Ord. 209-12, File No. 120631, App. 9/28/2012, Eff. 10/28/2012; Ord. 152-15 , File No. 150625, App. 8/6/2015, Eff. 9/5/2015)
SEC. 2219.8.  AUTHORITY TO ADOPT RULES AND REGULATIONS.
   (a)   The Tax Collector may issue and amend rules, regulations, standards, guidelines, or conditions to implement and enforce this Section 2219 et seq.
   (b)   Failure or refusal to comply with any rules and regulations promulgated under this Section shall be a violation of and subject to the penalties of this Section.
(Added by Ord. 172-10, File No. 100711, App. 7/23/2010)
SEC. 2219.9.  FEE TO BE DEPOSITED IN THE GENERAL FUND.
   (a)   The Fee shall be deposited in the General Fund.
   (b)   Use of Funds. The proceeds of the Fee shall be used solely for costs incurred by, or on behalf of, the City and County of San Francisco, to administer and enforce Article 22.
(Added by Ord. 172-10, File No. 100711, App. 7/23/2010)
SEC. 2219.10.  [REPEALED.]
(Added by Ord. 172-10, File No. 100711, App. 7/23/2010; repealed by Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2219.11.  EFFECTIVE/OPERATIVE DATES.
   This Section shall become effective upon passage, except that the Fee imposed by this Section shall become operative and be imposed on October 1, 2010, and shall not apply before that date.
(Added by Ord. 172-10, File No. 100711, App. 7/23/2010)
SEC. 2220.  CONSUMER PROTECTION.
   (a)   Public Complaints. The Enforcing Agency shall receive complaints from members of the public as to an Operator's failure to comply with the provisions of this Article. Where the Enforcing Agency determines that an Operator may have violated the terms of this Article, in addition to any other action that the Enforcing Agency may take pursuant to this ordinance, the Enforcing Agency will notify the District Attorney so that it may pursue its own investigation and take appropriate action. Whenever a written or oral complaint is made to the Enforcing Agency that there has been a violation of this Article, the Enforcing Agency shall refer the complaint to the District Attorney's Office and may also investigate the complaint or allegation itself or refer the matter to the City Attorney.
   (b)   Rates Posted. The Operator shall post the rates for Rent in effect at the time the Occupant enters the Parking Station at the entrance to the Parking Station, and at every place where the Occupant pays Rent, including cashiers booths and Pay Stations. An Operator shall not charge an Occupant more than the Rent posted for the Occupant's actual Occupancy Period. Rent rates shall be posted no further than 8 feet from every entrance of the Parking Station, in a manner and in a typeface that can be easily read from a distance of 4 feet.
   (c)   Notice to Occupants of Receipt Requirement. In addition to the signage requirements of California Vehicle Code Section 22658 and other applicable sections of that Code, the Operator shall post a clear and conspicuous sign at every vehicle entrance to the Parking Station and at every location where Occupants pay Rent that informs Parkers of the Operator's obligation to provide a Receipt when requested and providing phone numbers to contact the Parking Facility's manager and the Enforcing Agency.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010)
SEC. 2221.  SEVERABILITY.
   Severability. If any section, subsection, sentence, clause, phrase, or word of this Article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Article. The Board of Supervisors hereby declares that it would have enacted this Article and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Article would be subsequently declared invalid or unconstitutional.
(Added by Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2222.  RESERVED.
SEC. 2223.  RESERVED.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; repealed by Ord. 292-10, File No. 101100, App. 11/18/2010)
SEC. 2224.  RESERVED.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; repealed by Ord. 292-10, File No. 101100, App. 11/18/2010)
SEC. 2225.  ENFORCEMENT.
   (a)   The Enforcing Agency, the District Attorney, the Police Department and the City Controller or authorized representatives of those agencies shall have the authority to inspect Parking Stations, RCE, RCE Records, and books of account to ensure that an Operator is in compliance with this Article, that all required RCE is functioning as required by this Article, and that Rent and Parking Taxes are accurately reported and collected.
   (b)   In enforcing the provisions of this Article, the Enforcing Agency may use all authority granted to it by law, including but not limited to its authority to audit and inspect, investigate, attach liens, revoke licenses, revoke certificates of registration, revoke certificates of authority, issue administrative citations, and seize and sell property under the Business and Tax Regulations Code.
   (c)   The Enforcing Agency is authorized to promulgate regulations and issue rules, interpretations, and determinations consistent with the purposes of this Article as may be necessary and appropriate to implement or enforce the provisions of this Article.
   (d)   An Operator is strictly liable for the acts of its employees, managers, and agents that violate any provision of this Article.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010)
SEC. 2226.  CIVIL PENALTIES.
   (a)   Civil Penalties and Enforcement. Violation of this Article shall be subject to a civil penalty of up to $25,000 per violation. In addition to the enforcement authority and powers granted to the Tax Collector in the Business and Tax Regulations Code, the City and County of San Francisco may initiate a civil action against any person to compel compliance or to enjoin violations of this Article.
   (b)   Recovery of Attorney's Fees. If the City and County of San Francisco initiates a civil action against any person to compel compliance or to enjoin violations of this Article, at the time the action is filed, the City may elect to seek recovery of attorney's fees and costs incurred in that enforcement action. Where the City makes this election, the prevailing party shall be entitled to recover attorney's fees. In no event shall the award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the City in the action.
(Ord. 292-10, File No. 101100, App. 11/18/2010; amended by Ord. 257-14 , File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
SEC. 2227.  RESERVED.
SEC. 2228.  RESERVED.
SEC. 2229.  CONSUMER ACTION AND RELIEF.
   An Occupant may bring an action against an Operator and/or an Operator's employee or agent who fails to provide a Receipt upon request or who charges the Occupant Rent based on an inaccurate statement of duration of Occupancy and may recover from the Operator any or all of the following: (1) an order enjoining the violation; (2) civil damages; (3) punitive damages, if the court determines that the violation was willful; and (4) any other relief that the court deems proper. The court shall award court costs and attorneys' fees to a prevailing private plaintiff in litigation filed under this Section.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010)
SEC. 2230.  CRIMINAL PENALTIES.
   (a)   It shall be a misdemeanor to violate the requirements of Sections 2218 or 2220 of this Article, or of Section 604(a) of this Code.
   (b)   Nothing in this Article shall preclude the District Attorney from prosecuting violations of the provisions of this Article as a felony under applicable state law.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010)
SEC. 2231.  CUMULATIVE REMEDIES.
   Unless otherwise expressly provided, the remedies, penalties and procedures provided under this Article are cumulative and are not intended to be exclusive of any other available remedies, penalties and procedures.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 2232.  LIMITATION OF ACTIONS.
   Unless otherwise provided by state law, any criminal, civil, or administrative action brought under this Article shall be commenced not more than 4 years from the date of the Transaction, except for fraud in which case Section 6.11-2 of the Business and Tax Regulations Code shall apply.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010)
SEC. 2233.  COOPERATION WITH CITY AGENCIES.
   An Operator and its owners, managers, and employees must cooperate with the Enforcing Agency or any other City agency having an interest in the operation of the Parking Station, including but not limited to City auditors, the District Attorney's Office, and any other City officials, employees or agents assigned by ordinance, regulation or authorized by the Enforcing Agency to administer or implement this Article, by providing immediate access to all RCE, RCE Records, Parking Tickets, books and records of accounts, and other documentation regarding an Operator's receipt of Rent, remittance of Parking Taxes, and compliance with this Article and the Business and Tax Regulations Code.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010)
SEC. 2234.  CITY GARAGES.
   Nothing in this Article shall limit the authority of the City and County of San Francisco or the Parking Authority of the City and County of San Francisco to administer and manage Parking Stations under their respective jurisdiction or control or to establish revenue control requirements for those Parking Stations that are more restrictive than the provisions of this Article.
SEC. 2235.  RESERVED.
SEC. 2236.  RESERVED.
SEC. 2237.  RESERVED.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; repealed by Ord. 292-10, File No. 101100, App. 11/18/2010)
SEC. 2238.  SEVERABILITY.
   If any part of this Article or the application thereof to any person or circumstances is held invalid, then the remainder of this Article, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006)