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Sale or Distribution of Packaged Water on City Property Restricted.
New Leases, Permits, and Agreements; Mobile Food Facilities.
Barring Use of City Funds for Purchase of Packaged Water.
Waivers and Exclusions.
Enforcement and Penalties.
Increasing the City's Commitment to Providing Public Water.
The title of this Chapter shall be the San Francisco Bottled Water Ordinance.
For purposes of this Chapter,
"Bottled Water" means drinking water in a sealed Rigid Plastic Bottle having a capacity of 21 fluid ounces or less.
"City Property" means real property, including any buildings thereon, owned or leased by the City and County of San Francisco ("City"), and in the City's possession or in the possession of a public or private entity under contract with the City to perform a public purpose, including but not limited to the following property: recreational and park property including but not limited to Golden Gate Park, the San Francisco Zoo, and San Francisco's parks and playgrounds, plazas including but not limited to United Nations Plaza and Hallidie Plaza, community centers such as Ella Hill Hutch Community Center, and property of the Department of Recreation and Parks, the Port, and the Public Utilities Commission. "City Property" includes a "City Street."
“City Funds” means all monies or other assets received and managed by, or which are otherwise under the control of, the Treasurer, and any notes, bonds, securities, certificates of indebtedness or other fiscal obligations issued by the City and County.
"City Street" means the public right-of-way owned by the City, including any area across, along, on, over, upon, and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, streets, and ways within the City.
"Event" means any gathering held on City Property, including a City Street, and subject to a City permit, where more than 100 people attend or participate.
“Mineral water” means drinking water containing more than 500 milligrams per liter of total dissolved solids and/or one or more chemical constituents in excess of the concentrations listed in the Federal Bottled Water Quality Standards (Title 21, Code of Federal Regs., Sec. 165.110).
“Packaged Water” means drinking water in a sealed box, bag, can, glass bottle, Rigid Plastic Bottle or other container intended primarily for single service use and having a capacity of one liter or less.
"Participant Athletic Event" means an athletic event in which a group of people collectively walk, jog, run, or bicycle or otherwise participate in a sport on City Property, including a City Street.
"Rigid Plastic Bottle" means any formed or molded container comprised predominantly of plastic resin, having a relatively inflexible fixed shape or form, having a neck that is smaller than the container body, and intended primarily as a single service container. "Rigid Plastic Bottle" includes a compostable plastic bottle meeting these criteria.
"Water" includes: natural spring or well water; water taken from municipal or private utility systems or other sources; distilled, deionized, filtered, or other purified water; or any of the foregoing to which chemicals may be added. "Water" does not include: mineral water; carbonated or sparkling water; soda, seltzer, or tonic water; or flavored water, also marketed as fitness water, vitamin water, enhanced water, energy water, or other similar products. "Water" does not include those food ingredients that are listed in ingredient labeling as "water," "carbonated water," "disinfected water," or "filtered water."
(a) Starting October 1, 2014, no person may sell or distribute Bottled Water at an Event held indoors on City Property.
(b) Starting October 1, 2014, no person may sell or distribute Bottled Water at an Event held outdoors on City Property, including a City Street, where the permitting officer, department, or agency (collectively, "department") allows the Event sponsor access to reliable on-site potable water connections adequate to meet the hydration needs of the Event participants or attendees. By July 1, 2014, departments that issue permits for Events on their properties and in their facilities shall, in consultation with the San Francisco Public Utilities Commission ("SFPUC"), determine which properties that are frequently used for Events have a reliable on-site supply of drinking water that could be used by Event sponsors.
(c) Starting October 1, 2016, no person may sell or distribute Bottled Water at an Event held outdoors on City Property, including a City Street.
(d) Starting March 1, 2017, the above subsections (a), (b) and (c) of this Section 2403 shall apply to restrict the sale and distribution of Packaged Water.
(e) The provisions of this Section 2403 shall not apply to the sale or distribution of Packaged Water to participants in a Participant Athletic Event. The provisions of this Section 2403 shall not apply where the City grants the general public access to enter or use City Property in question, including a City Street, without requiring issuance of a permit.
(f) This Section 2403 shall not apply to an event held prior to January 1, 2018 that is sponsored by a not-for-profit entity and that has over 250,000 attendees or participants.
(a) Starting October 1, 2014, all new leases, permits, management agreements or other agreements awarded by the City allowing any person to use City Property, including a City Street, for purposes that contemplate or would allow the sale or distribution of beverages (collectively, "permits") shall specifically require that the permittee comply with this Chapter. This requirement shall also apply to any such permit renewed, extended, or materially amended after October 1, 2014.
(b) Starting October 1, 2014, no City officer or department shall issue a bid proposal or solicitation, request for bid or proposal, or contract for vendors or concessions to be operated on City Property that would require or permit the sale or distribution of Bottled Water on such property.
(c) Starting March 1, 2017, the above subsections (a) and (b) of this Section 2404 shall apply to restrict the sale and distribution of Packaged Water.
(d) No person shall sell, provide, or otherwise distribute Packaged Water as part of its performance of a City contract or grant unless specifically exempted from or allowed to do so under this Chapter.
(e) This Section 2404 does not apply to concessions/vendors at San Francisco Airport facilities. This Section 2404 does not apply to permits for the use of City Property, including a City Street, for a Participant Athletic Event, if the permit provides that the Event sponsor may only sell or distribute Packaged Water, or allow the sale or distribution of Packaged Water, to participants in the Participant Athletic Event and not to any other persons. This Section 2404 will not apply to concessions/vendors at the Moscone Center facility until (1) the City Administrator certifies to the Board of Supervisors that the first phase of the expansion of the facility, the plans for which include installation of bottle filling stations, has been completed, or (2) January 1, 2018, whichever is sooner.
(f) Starting October 1, 2016, all Mobile Food Facility permits issued or renewed under Article 5.8 of the Public Works Code shall specifically provide that the permittee shall not sell or distribute or allow the sale or distribution of Packaged Water as part of the operation of the Facility.
(a) No City officer, department, or agency (collectively, “department”) shall use City Funds to purchase Packaged Water for its own general use. A department may use City Funds to purchase Packaged Water for uses specifically exempted from or allowed under this Chapter.
(b) It shall be City policy not to have drinking water systems in City offices or facilities that use plastic water bottles of any size where satisfactory alternatives exist and are feasible at the location under consideration. It shall further be City policy to conform drinking water systems in City offices or facilities to this goal where reasonable by the end of 2016.
(a) A City officer, department, or agency (collectively, “department”) responsible for permitting an Event on or issuing a lease for City Property may seek from the Department of the Environment (“DOE”) a waiver of the requirements of Sections 2403 and 2404 in full or in part if the Event sponsor or lessee demonstrates to the satisfaction of the DOE that strict application of the requirement would not be feasible, would create an undue hardship or practical difficulty, or that circumstances otherwise warrant granting of the waiver. The DOE’s decision to grant a waiver shall be in writing and shall be final. If no response is received from the DOE within 60 days of a waiver request, the request shall be deemed approved.
(b) The provisions of Sections 2403 and 2404 shall not apply where the department finds that the inclusion or application of such provisions would violate or be inconsistent with the terms or conditions of a grant, subvention or contract with an agency of the State of California or the United States or the instructions of an authorized representative of any such agency with respect to any such grant, subvention or contract.
(a) This Chapter 24 shall not apply to an Event held on City Property, including a City Street, where the sponsor applied for or received the permit prior to July 1, 2014. Nothing in this Chapter shall be construed to impair a contract, lease, management agreement or other legally-binding agreement to which the City is a party on April 20, 2014. In addition, none of the amendments to this Chapter restricting the sale or distribution of Packaged Water enacted as part of the ordinance in Board File No. 161290 shall be construed to impair a contract, lease, management agreement or other legally-binding agreement to which the City is a party on the effective date of that ordinance.
(b) The Department of the Environment and the Public Utilities Commission shall take appropriate steps to educate and inform City departments about the requirements of this Chapter.
(c) The Director of the Department of the Environment shall submit an annual report to the Mayor and the Board of Supervisors on the implementation of this Chapter. The report shall include the number of waivers granted under Section 2406(a) and determinations of non-applicability made under Section 2406(b) and (c), and a brief explanation of the justifications for the same. The report shall also summarize efforts taken to educate and inform City departments about the requirements of this Chapter, and include plans to continue doing so over the coming year.
(a) Any person who violates any provision of Section 2403 or of an administrative regulation adopted under this Article to implement that Section may be punished by administrative fines imposed by the Director of the Department of the Environment in the amount of:
(1) Up to $500 for the first violation;
(2) Up to $750 for a second violation within a twelve-month period; and,
(3) Up to $1,000 for a third and subsequent violations within a twelve-month period.
(b) Except as provided in subsection (a), setting forth the amount of administrative fines, Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," as may be amended from time to time, is hereby incorporated in its entirety and shall govern the imposition, enforcement, collection, and review of administrative citations issued by the Director to enforce this Article or any administrative regulation adopted under this Article.
(a) It shall be City policy to increase the availability of clean, free drinking water in public areas. City departments shall take all reasonable and appropriate steps to promote and facilitate achievement of the goals and policies of this Chapter, including helping Event sponsors and other City departments to meet the requirements of this Chapter.
(b) The SFPUC, in consultation with the Department of Public Health and other appropriate City departments, shall investigate standards and procedures for allowing Event sponsors to access additional City-controlled or -operated water supplies. The SFPUC shall report its findings and recommendations to the Board of Supervisors by July 1, 2014.
(c) The SFPUC, in consultation with appropriate City departments, shall investigate installing backflow preventers and related plumbing equipment on existing potable water systems, to facilitate public access to such potable water in the park sites most frequently used for special events. The SFPUC shall report its findings and recommendations to the Board of Supervisors by July 1, 2014.
(d) It shall be City policy that any City department undertaking a capital improvement in a park, plaza, playground, or other public space shall install bottle-filling stations, drinking fountains, and or potable water hook-ups for public use, if the department finds that the installation is proximate and feasible with the scale and scope of the capital improvement.
(e) It shall be City policy to encourage the inclusion of bottle-filling stations or drinking fountains for public use in Privately-Owned Public Open Spaces as defined in Planning Code Section 135(a), as amended.