SEC. 24. INSPECTION BY DEPARTMENT – REVOCATION OF PERMITS.

   Any department authorized to issue, revoke or transfer permits or to act on applications for any of said purposes, may detail such members or employees of said department as are required for the investigation and inspection of applications for permits subject to issuance by said department, and for the inspection or regulation of the conduct of any business or occupation, under such permit. Any department may revoke any permit subject to issuance by said department when it shall appear that the business or calling of the person, firm, or corporation to whom it was granted is conducted in a disorderly, improper or hazardous manner, or that the place in which the business is conducted or maintained is not a proper or suitable place in which to conduct or maintain such business or calling.

SEC. 25. ADVISORY BOARD.

   The Police Commission and the Fire Commission, respectively, shall serve as advisory boards to the Chief of Police and the Chief Engineer of the Fire Department, respectively, in the hearings on permit applications, transfers and proposed revocations required by Section 22 of this Article, and each of said advisory boards shall make such recommendation to the head of the department concerned as in its judgment the facts established by any such hearing shall warrant.

(Amended by Ord. 2928, App. 10/9/44)

SEC. 26. FACTS TO BE CONSIDERED BY DEPARTMENTS.

   (a)   Subject to subsection (b), in the granting or denying of any permit, or the revoking or the refusing to revoke any permit, the granting or revoking power may take into consideration the effect of the proposed business or calling upon surrounding property and upon its residents, and inhabitants thereof; and in granting or denying said permit, or revoking or refusing to revoke a permit, may exercise its sound discretion as to whether said permit should be granted, transferred, denied, or revoked.

   (b)   In the granting or denying of any permit, or the revoking or the refusing to revoke any permit with respect to a "dwelling" in which "protected class members" are likely to reside (each as defined in Administrative Code Chapter 87), the granting or revoking power shall comply with the requirements of San Francisco Administrative Code Chapter 87 which requires, among other things, that the granting or revoking power not base any decision regarding the development of "dwellings" in which "protected class" members are likely to reside on information which may be discriminatory to any member of a "protected class" (As all such terms are defined in San Francisco Administrative Code Chapter 87).

   (c)   A department authorized to issue or transfer permits shall not issue or transfer a permit to any person who does not have a current business tax registration certificate when such person is required to obtain a business tax registration certificate pursuant to Section 1003 of Part III of the San Francisco Municipal Code.

   (d)   Notwithstanding Subsection (a) of this Section, the provisions of Article 15.1 (Entertainment Regulations Permit and License Provisions) and Article 15.2 (Entertainment Regulations for Extended-Hours Premises) of the Police Code shall govern actions taken on the granting, denial, amendment, suspension and revocation of permits regulated under those Articles, not the standards set forth in Subsection (a).

   (e)   Notwithstanding subsection (a), the provisions of Planning Code Section 343 shall govern actions taken on the granting, denial, amendment, suspension, and revocation of permits regulated under that Section 343, not the standards set forth in subsection (a) of this Section 26. This subsection (e) shall become operative upon receipt of preliminary approval of Planning Code Section 343 by the California Department of Housing and Community Development under California Government Code Section 66202. This subsection shall expire by the operation of law in accordance with the provisions of Planning Code Section 343(k). Upon its expiration, the City Attorney shall cause this subsection to be removed from the Business and Tax Regulations Code.

   (f)   Notwithstanding subsection (a), the provisions of Planning Code Section 207.2 shall govern actions taken on the granting, denial, amendment, suspension, and revocation of permits regulated under that Section 207.2, not the standards set forth in subsection (a) of this Section 26.

(Amended by Ord. 345-88, App. 8/4/88; Ord. 307-99, File No. 990498, App. 12/3/99; Ord. 239-09, File No. 080323, App. 11/20/2009; Ord. 281-18, File No. 180453, App. 12/7/2018, Eff. 1/7/2019, Oper. 1/7/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)

SEC. 27. FEES.

   Persons applying for permits enumerated in Section 22 of this Article which are subject to the approval of the Fire Department shall, upon filing the application, pay a fee of $27 to cover the posting and advertising costs of said application, which fee shall be paid to the department to which said application is made.

(Amended by Ord. 13-85, App. 1/11/85)

SEC. 28. PUBLICATION, CERTAIN APPLICATIONS.

   All applications for the classes of permits referred to in Section 22 of this Article and applications for the transfer thereof, also notice to revoke same, except in any case where such proposed revocation is due to the failure to pay the license or permit fees fixed by law or ordinance, shall be published once in the official newspaper of the City and County, within 10 days after the filing thereof with the department concerned. The cost of the publication of applications for permits and applications for transfer of permits shall be paid by the applicant at the time of filing. The cost charged shall be the rate for such publication set by the official newspaper in effect on the date of application.

(Amended by Ord. 175-80, App. 5/2/80)