[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. | |
(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)
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.
(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)
(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.
(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)
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.
(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)
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