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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 8:
FOOD AND FOOD PRODUCTS
 
Gathering, Sale, Etc., of Watercress Grown Near Sewer Outlets.
Manufacture, Etc., of Dangerous Food Adulterants.
Penalty.
Furnishing of Samples of Food Preservatives to Department.
Penalty.
Use of Paraffin in Preparation of Rice.
Conveyance of Bread, Etc., Through Public Streets.
Wire Screens, Etc., in Places Where Food is Sold.
Crabs, Shellfish, Etc. – Conditions, Preparations, Etc.
Vegetable Culture – Watering and Growing Agents.
Penalty.
Manufacture, Etc., of Food and Liquor.
Penalty.
Receipt and Delivery of Bread, Etc., at Bakeries, Stores, Etc.
Character of Receptacles.
[Food Product and Marketing Establishments – Permits; Regulations]
Food Product and Marketing Establishments.
Inspection Before Issuance of Permit.
Permit Procedures.
Prohibition.
Sanitation of Premises.
Toilet and Handwashing Facilities to be Provided.
Authority to Make Rules, Etc.
Penalties and Enforcement.
Sale of Bread For Other Than Human Consumption.
[Food Preparation and Service Establishments – Permits; Regulations; Disclosure Requirements]
Food Preparation and Service Establishment.
Permit Required.
Cottage Food Operations.
Diseased Employees.
Regulations.
Food Preparation and Service Establishment Disclosures.
Posting Requirements – Penalty for Noncompliance – Documents Available for Public Review.
Placard – Period of Validity.
Public Health Permit Suspension or Revocation – Notice of Closure.
Penalties and Enforcement.
Liens.
Enforcement of Safe Drinking Water and Toxic Enforcement Act of 1986 and its Implementing Regulations; Requirement that Warnings Be Provided in English, Spanish, and Chinese.
[Establishments Serving Alcoholic Beverages and Food and Furnishing Entertainment]
Establishments Serving Alcoholic Beverages and Food and Furnishing Entertainment Defined.
Permits.
Application – Investigation, Etc.
Application, Existing Establishments.
Grounds for Permit Revocations – Procedure.
Discretion of Officers, Etc.
Other Laws, Rules and Regulations.
Food Vending Machines.
[Nutrition Information Disclosure Requirements]
Purpose.
Findings.
Definitions.
Menu Labeling Required at Chain Restaurants. [Suspended.]
Nutrition Information Required to be Disclosed on Disclosure Media Other Than Menus, Menu Boards and Food Tags. [Suspended.]
Reporting Requirements. [Suspended.]
Penalties and Enforcement. [Suspended.]
Severability. [Suspended.]
Operative Date. [Suspended.]
Suspension of Ordinance.
[Healthy Food Incentives Ordinance]
Findings.
Title and Purpose.
Definitions.
Incentive Items with Restaurant Food.
Administrative Penalties and Enforcement.
Preemption.
City Undertaking Limited to Promotion of General Welfare.
Severability.
Effective Date.
 
Editor's Note:
   The bracketed division headers in this Article have been provided by the editor as an aid for the user and are not official parts of the Code.
SEC. 385.  GATHERING, SALE, ETC., OF WATERCRESS GROWN NEAR SEWER OUTLETS.
   No person shall gather, or sell, or offer for sale, or keep for sale, or give, or distribute, or otherwise dispose of any watercress, or any other edible herb or vegetable which has been, or is, or may be, growing within 1,000 feet of any sewer outlet, or any cesspool or any other place where stagnant water, or seepage, or other drainage, or any offensive matter, or any matter dangerous to health has, or may be accumulated.
SEC. 390.  MANUFACTURE, ETC., OF DANGEROUS FOOD ADULTERANTS.
   No person, firm or corporation shall manufacture, sell, expose for sale, give away, distribute or deliver or have in their possession, with intent to sell, expose for sale, give away, distribute or deliver, or cause to sell, expose for sale, give away, distribute or deliver any baneful or injurious substance intended to be used in the preservation of any article of food or drink for human consumption.
SEC. 391.  PENALTY.
   Any person, company or corporation violating any of the provisions of Section 390 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding $100, nor less than $25, or by imprisonment in the County Jail for a term not exceeding 100 days, nor less than 30 days, or by both such fine and imprisonment.
SEC. 396.  FURNISHING OF SAMPLES OF FOOD PRESERVATIVES TO DEPARTMENT.
   Every person, firm or corporation who shall manufacture, sell, expose for sale, give away, distribute, deliver or have in their possession, with intent to sell, expose for sale, give away, distribute or deliver, any mixture, compound or other substance intended to used in the preservation of any article of food or drink for human consumption is hereby required to furnish to the Department of Public Health on its demand a sample of said mixture, compound or other substance intended to be used in the preservation of any article of food or drink for human consumption.
SEC. 397.  PENALTY.
   Any person, company or corporation violating any of the provisions of Section 396 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding $100, nor less than $25, or by imprisonment in the County Jail for a term not exceeding 100 days, nor less than 30 days, or by both such fine and imprisonment.
SEC. 402.  USE OF PARAFFIN IN PREPARATION OF RICE.
   It shall be unlawful for any person, firm or corporation to use, or cause to be used, any oil, paraffin or other similar substance in the process of cleaning or preparing rice for market.
SEC. 407.  CONVEYANCE OF BREAD, ETC., THROUGH PUBLIC STREETS.
   It shall be unlawful for any person, company or corporation to carry, transport or convey, or to cause to be carried, transported or conveyed through the public streets in open baskets or exposed containers, or vehicles or otherwise, any bread, cakes or pastry intended for human consumption.
SEC. 412.  WIRE SCREENS, ETC., IN PLACES WHERE FOOD IS SOLD.
   It shall be unlawful for any person, firm, association, or corporation, engaged in maintaining, conducting, carrying on, or managing a restaurant place, kitchen, meat market, fruit store, vegetable store, delicatessen store, bakery store, street vendor’s store, or any other place in which or where food is prepared, sold, or disposed of for human consumption, to maintain, conduct, carry on, or manage said place or store, except in the manner provided for in this Section 412.
   It shall be unlawful for any person, firm, association, or corporation to maintain, conduct, carry on, or manage a restaurant place or kitchen where foodstuffs are cooked or prepared for human consumption, unless the doors, windows, apertures, or other openings to the place where food preparation occurs are effectively enclosed with finely woven wire mesh screens. Dining areas and bars are not required to be enclosed, provided that no food preparation occurs there other than adding ingredients to a beverage or dispensing into a serving container when the beverage is prepared for immediate service in response to an individual consumer order.
   It shall be unlawful for any person, firm, association or corporation, between the hours of 9:00 a.m. and 6:00 p.m., to maintain, conduct, carry on or manage a meat market, fruit store, vegetable store, poultry store, delicatessen store or bakery store where food is offered for sale or disposed of for human consumption, unless all doors, windows, apertures and other openings to the premises or place where the business above mentioned is conducted, carried on, maintained or managed are tightly enclosed with finely woven wire mesh screens; and, furthermore, unless the food which is offered for sale or disposed of is kept within the doors of the store or place where said business is maintained, conducted, carried on or managed.
   Provided, however, that this Section shall not apply to those who sell or offer for sale fruit solely in original, covered or unbroken packages.
   It shall be unlawful for any person, firm, association or corporation to maintain, conduct, carry on or manage a street stand, whether stationary or movable, where is exposed for sale any food, candy or other edibles for human consumption, whether consumed at said stand or elsewhere, unless the said stand is furnished with tight glass cases, so as to protect said food, candy or other edibles from exposure to dirt, dust, flies or other insects.
   Provided that this Section shall not apply to fruit or vegetables exposed for sale in street stands, stationary or movable.
   It shall be unlawful for any person, firm, association or corporation to maintain, conduct, carry on or manage a street stand, whether stationary or movable, where is exposed for sale any fruit or vegetables, whether consumed at the said stand or elsewhere, unless the said stand is furnished, so as to protect said fruit and vegetables, with tight glass cases or finely woven wire mesh screens, mosquito netting, or other dirt, dust and fly proof covering, so placed over and about said fruit or vegetables as not to touch the same at any point.
   Nothing contained in this Section shall require those selling or offering for sale bananas, pineapples, oranges, limes, lemons, or other citrus fruits, or fruits or vegetables whose rind or skin must be removed before eating, to enclose said fruits or vegetables with any covering or to keep the same within the doors of the store or place where the same may be sold or offered for sale.
(Amended by Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019)
SEC. 417.  CRABS, SHELLFISH, ETC. – CONDITIONS, PREPARATIONS, ETC.
   It shall be unlawful to send, bring or cause to be sent or brought into the City and County of San Francisco any live crabs, crawfish or other shellfish unless the same be in good healthy condition.
   It shall be unlawful to prepare for food for human consumption any crabs, crawfish or other shellfish which are not at the time of preparation alive or in good wholesome condition, or to sell, expose or offer for sale or have possession of the same.
   It shall be unlawful to send, bring or cause to be brought into the City and County of San Francisco any cooked crabs, crawfish or other shellfish, unless the same shall have been cooked for a period of not less than 40 minutes in boiling water at the time of preparation, and properly packed in ice while in transit to this City.
SEC. 422.  VEGETABLE CULTURE – WATERING AND GROWING AGENTS.
   It shall be unlawful for any person, firm or corporation to use human discharges or excrement, or any water containing any human discharges or excrement, or the waters of any well, spring, pond or creek, which receives the discharges of any sewer or drain, or which by any means whatever has become polluted with sewage discharges, for the purpose of irrigating or sprinkling vegetables used for human consumption.
   It shall be unlawful for any person, firm or corporation to bring into the City and County of San Francisco, or to produce, sell, offer for sale or have in his or their possession for sale for human consumption in the City and County of San Francisco, without first obtaining a license from the Department of Public Health, to produce, sell, or offer for sale, vegetables for human consumption; and further they shall also be required to have a certificate by the Department of Public Health that said vegetables are produced in a manner that does not violate any of the provisions of this Section, and that the same are being handled and transported in wagons and containers satisfactory to the Department of Public Health, and said wagons and containers shall bear the legend "Inspected by the Department of Public Health, San Francisco, California," before a license for their operation is issued.
SEC. 423.  PENALTY.
   Any person, firm or corporation who shall violate any of the provisions of Section 422 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than $25 and not more than $500 or by imprisonment in the County Jail not exceeding six months, or by both such fine and imprisonment.
SEC. 428.  MANUFACTURE, ETC., OF FOOD AND LIQUOR.
   The manufacture, production, preparation, compounding, packing, selling, offering for sale or keeping for sale within the City and County of San Francisco, or the introduction into this City from any other County, state, territory or the District of Columbia, or from any foreign country, of any article of food or liquor which is adulterated, mislabeled or misbranded within the meaning of this Section, is hereby prohibited. Any person, firm, company or corporation who shall import or receive from any other County, state or territory, or the District of Columbia, or from any foreign country, or who having so received shall deliver for pay or otherwise, or offer to deliver to deliver to any other person, any article of food or liquor adulterated, mislabeled or misbranded within the meaning of this Section, or any person who shall manufacture or produce, prepare or compound, or pack or sell, or offer for sale, or keep for sale in the City and County of San Francisco, any such adulterated, misbranded food or liquor shall be guilty of a misdemeanor; provided, that no article of food shall be deemed adulterated, mislabeled or misbranded within the provisions of this Section, when prepared for export beyond the jurisdiction of the United States and prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if such food shall be in fact sold, or kept or offered for sale for domestic uses and consumption, then this proviso shall not exempt said article from the operation of any provision of this Section.
   (a)   Definition. The term food as used in this Section shall include all articles used for food, drink, liquor, confectionery or condiment by man or other animals, whether simple, mixed or compound.
   (b)   Standard of Purity. The standard of purity of food and liquor shall be that proclaimed by the Secretary of the United States Department of Agriculture, where standards are not fixed by ordinance of the City and County of San Francisco.
   (c)   Adulteration. Food shall be deemed adulterated within the meaning of this act in any of the following cases:
      (1)   If any substance has been mixed or packed, or mixed and packed with the food so as to reduce or lower or injuriously affect its quality, purity, strength or food value;
      (2)   If any substance has been substituted wholly or in part for the article of food;
      (3)   If any essential or any valuable constituent or ingredient of the article of food has been wholly or in part abstracted;
      (4)   If the package containing it or its label shall bear in any manner any statement, design or device whereby damage or inferiority is concealed;
      (5)   If it contains any added poisonous or other added deleterious ingredient;
      (6)   If it consists in whole or in part of a filthy, decomposed or putrid animal or vegetable substance, or any portion of an animal or vegetable unfit for food, whether manufactured or not, or if it is the product of a deceased animal, or one that has died otherwise than by slaughter; provided that an article of liquor shall not be deemed adulterated, mislabeled or misbranded if it be blended or mixed with like substance so as not to injuriously lower or injuriously reduce or injuriously affect its quality, purity or strength;
      (7)   In the case of confectionery, if it contains terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor or compound or narcotic drug;
      (8)   In the case of vinegar, if it be artificially colored;
      (9)   If it does not conform to the standard of purity therefor as proclaimed by the Secretary of the United States Department of Agriculture, when not fixed by ordinance of the City and County of San Francisco.
   (d)   Misbranding. The term "misbranded" as used herein shall apply to all articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food product which is falsely branded as to the county, city and county, city, town, state, territory, District of Columbia or foreign country in which it is manufactured or produced.
   Food and liquor shall be deemed mislabeled or misbranded within the meaning of this Section in any of the following cases:
      (1)   If it be an imitation of or offered for sale under the distinctive name of another article of food;
      (2)   If it be labeled or branded or colored so as to deceive or mislead, or tend to deceive or mislead the purchaser, or if it be falsely labeled in any respect, or if it purport to be a foreign product tending to mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package;
      (3)   If in package form, and the contents are stated in terms of weight measure, they are not plainly and correctly stated on the outside of the package;
      (4)   If the package containing it or its label shall bear any statement, design or device regarding the ingredients or the substance contained therein, which statement, design or device shall be false or misleading in any particular;
      (5)   When any package bears the name of the manufacturer, jobber or seller, or the grade or class of the product, it must bear the name of the real manufacturer, jobber or seller, and the true grade or class of the product, the same to be expressed in clear and distinct English words in legible type; provided that an article of food shall not be deemed misbranded if it be a well-known product of a nature, quality and appearance and so exposed to public inspection as not to deceive or mislead nor tend to deceive or mislead a purchaser, and not misbranded and not of the character included within the definitions, first to fourth of this subsection;
      (6)   If, having no label, it is an imitation or adulteration, or is sold or offered for sale under the name, designation, description or representation which is false or misleading in any particular whatever; and in case of eggs and poultry, if they have been kept or packed in cold storage, or otherwise preserved, they must be so indicated by written or printed label or placard plainly designating such fact when offered or exposed for sale.
   (e)   Package Defined. The term "package" as used in this Section shall be construed to include any phial, bottle, jar, demijohn, carton, bag, case, can, box or barrel, or any receptacle, vessel or container of whatsoever material or nature which may be used by a manufacturer, producer, jobber, packer or dealer for enclosing any article of food.
   (f)   Evidence of Violation. The possession of any adulterated, mislabeled, or misbranded article of food or liquor by any manufacturer, producer, jobber, packer or dealer in food, or broker, commission merchant, agent, employee or servant of any such manufacturer, producer, jobber, packer or dealer, shall be prima facie evidence of the violation of this Section.
   (g)   Rights to Samples. The Department of Public Health and all its officers, agents and employees shall have the right at any time to obtain by purchase a sample of food from any person, persons or concern selling or exposing for sale or exchanging in the City and County of San Francisco, such sample to be taken and sealed in full view and in the presence of the person from whom said sample is taken, and shall then and there furnish to the person from whom such sample is taken approximately one-half such sample sealed, and shall deliver to the said Department of Public Health immediately the sample so taken, properly sealed.
   (h)   Exemption from Prosecution. No dealer shall be prosecuted under the provisions of this Section when he can establish a guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the United States from whom he purchased such an article to the effect that the same is not adulterated, mislabeled or misbranded within the meaning of this Section, designating it. Said guaranty to afford protection, must contain the name and address of the party or parties making the sales of such article to said dealer, and an itemized statement showing the article purchased; or a general guaranty may be filed with the Secretary of the United States Department of Agriculture by the manufacturer, wholesaler, jobber or other party in the United States and be given a serial number, which number shall appear on each and every package of goods sold under such guaranty, with the words, "Guaranteed under the food and drugs act, June 30, 1906". In case the wholesaler, jobber, manufacturer or other party making such guaranty to said dealer resides within this state, and it appears from the report of the City Chemist that such article or articles were adulterated, mislabeled or misbranded within the meaning of this Section, or the National Pure Food Act, approved June 30th, 1906, the District Attorney must forthwith notify the Attorney General of the United States of such violation.
SEC. 429.  PENALTY.
   Any person, firm, company or corporation violating any of the provisions of Section 428 of this Article shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25 nor more than $500 or shall be imprisoned in the County Jail for a term not exceeding six months, or by both such fine and imprisonment. Food found to be adulterated, mislabeled or misbranded within the meaning of Section 428 may be seized and destroyed.
SEC. 434.  RECEIPT AND DELIVERY OF BREAD, ETC., AT BAKERIES, STORES, ETC.
   It shall be unlawful for any person, firm or corporation to conduct and maintain, or carry on, or cause to be conducted, maintained or carried on, any bakery, store, shop or stand where there is to be received or delivered bread or other bakery products, unless the said bakery, store, shop or stand be provided with proper receptacles for bread, or other bakery products, as in Section 435 of this Article provided.
   Every bakery, store, shop or stand where bread or other bakery products of any kind are received or delivered shall be provided with a wooden receptacle for the reception and protection of bread or other bakery products, and into which all bread or other bakery products shall be placed when delivered as herein provided.
SEC. 435.  CHARACTER OF RECEPTACLES.
   (a)   The said receptacle for the reception of bread or other bakery products as aforesaid, shall be constructed of clear pine board, dressed on both sides, and shall have not less than two coats of paint on the outside. The outside must present a smooth surface, with no bottom or side mouldings thereon. The receptacle shall be furnished with four bent iron legs, each two inches in height, fastened to two cleats which shall extend across the bottom of the receptacle, one inch from the ends of the receptacle, and the ends of said cleats shall extend to within one inch from the side thereof. The inside corners shall be filled and reinforced with right angle pine uprights with smooth surfaces to exclude dust accumulating in the corners of receptacle.
   (b)   There shall be no aperture, nor openings in said receptacle, and the top thereof shall be placed in a position slanting toward the front and shall extend one inch over the sides and front of said receptacle, and shall be used as a cover therefor, and shall be attached thereto with two hinges at the top and back, and be furnished with appliances for locking the cover on receptacle at the front.
   (c)   The minimum size of such receptacle shall be 20 inches in length, 15 inches in width, and 18 inches in height, exclusive of legs, and of whatever size said receptacle shall be built, it shall, in the main adhere to the proportions in the minimum size as hereinbefore set forth.
   Such receptacle as aforesaid shall be placed and kept in a convenient place for the reception and delivering of bread or other bakery products outside any bakery, store, shop or stand as aforesaid at any time, and at all times, when the said bakery, store, shop or stand is closed between the hours of 6:00 in the afternoon of any day and 8:00 in the forenoon of the following day, the said receptacle shall be taken into and kept inside said bakery, store, shop or stand at and during all times when bread or other bakery products may be delivered to and into said bakery, store, shop or stand.
[Food Product and Marketing Establishments – Permits; Regulations]
SEC. 440.  FOOD PRODUCT AND MARKETING ESTABLISHMENT.
   (a)   "Food Product and Marketing Establishment" means any room or building, or place or portion thereof, maintained, used or operated for the purpose of commercially storing, selling, vending, packaging, making, cooking, mixing, processing, bottling, canning, packing, slaughtering, or otherwise preparing or handling food, except Food Preparation and Service Establishments as defined in Section 451 and Food Product and Marketing delivery vehicles.
   (b)   "Food" as used in this Section, includes all articles used for food, drink, confectionery, or condiment, whether simple or compound, including perishable foods, such as fruits, vegetables, fish, meat, poultry, eggs, and bakery goods, whether sold after processing or sold in a fresh or frozen form. Food as used in this Section, shall not include whole pumpkins sold during the month of October for purely decorative purposes, which are not intended for human consumption, and which are clearly marked as being sold only for such limited purposes.
   (c)   "Bakery" as included within this Section and means any room, building, premises, or place which is used or operated for commercial baking, manufacturing, preparing, processing, retail selling, or packaging of bakery products. It includes all rooms of a bakery in which bakery products or ingredients are stored or handled. It does not, however, include any Food Preparation and Service Establishment as defined in Section 451.
   (d)   "Certified Farmers Market" means a location approved by the San Francisco Agricultural Commissioner where agricultural products are sold by producers or certified producers directly to consumers or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users. A certified farmers market may only be operated by one or more certified producers, by a nonprofit organization, or by a local government agency and must meet the requirements of San Francisco Administrative Code Chapter 9A, or any successor provisions.
   (e)   "Farm Stand" means a location at or near the point of production of a community or urban garden where their fresh produce, shell eggs and non-potentially hazardous processed agricultural products made with ingredients produced on or near the community or urban garden are sold. The community or urban garden must be deemed an approved source by the Director of Environmental Health or the County Agricultural Commissioner. "Near" is defined as "within San Francisco City Limits."
   (f)   "Food Preparation Station" means a preparation area where separate equipment and/or facilities are used by designated trained staff for a specific type of food conveyance, including, but not limited to, meat, fish, bakery, prepared foods, or confection.
   (g)   "Retail Food Vendor at Farmers Market" means a vendor who sells prepackaged food items that are processed, packaged and labeled from and approved permitted food facility, and has an individual permit that is specific to that market.
   (h)   "Supermarket" means a food product and marketing establishment that sells a variety of food and is greater than 20,000 square feet.
   (i)   "Wholesale Food Market with retail" means a food market which predominantly specializes in buying produce, bakery, meat, fish. processed food, confection and other food items for resale to retail outlets, but retains a retail space within the establishment to sell the aforementioned items to the public.
   (j)   It shall be unlawful for any person, persons, firm or corporation to maintain or operate within any room, building, vehicle or place or portion thereof a Food Product and Marketing Establishment within the City and County of San Francisco, without having first obtained a permit issued and signed by the Director of Public Health of said City and County to do so.
      Said permit when issued shall be kept displayed in a prominent place on the premises of the establishment, vehicle or cart for which or whom it is issued.
(Amended by Ord. 492-84, App. 12/13/84; Ord. 298-10, File No. 101352, App. 12/3/2010; Ord. 172-12 , File No. 120638, App. 7/27/2012, Eff. 8/26/2012)
SEC. 440.1.  INSPECTION BEFORE ISSUANCE OF PERMIT.
   It shall be the duty of the Department of Public Health, upon application from any person, firm or corporation desiring to open, conduct or continue any place of business within the limits of the City and County of San Francisco, before issuing the permit specified in Section 440 to cause the premises on which it is proposed to carry on such business or in which said business is being carried on to be inspected with view of ascertaining whether said premises are in a proper sanitary and rat-proof condition for the conduct of such business, also, whether the provisions of all ordinances or regulations made in accordance with provisions thereof relating thereto have been complied with.
(Amended by Ord. 241-70, App. 7/14/70)
SEC. 440.2.  PERMIT PROCEDURES.
   The permit provided in Section 440 shall set forth the commercial uses permitted and shall be valid until suspended or revoked. Said permit shall not be transferable and shall be deemed revoked upon sale, transfer or assignment of the commercial use for which the permit was issued.
   A permit may at any time be suspended or revoked for cause after a hearing by the Department of Public Health. Upon suspension or revocation the premises for which the permit was issued shall be posted with the order of the Department.
(Amended by Ord. 93-68, App. 4/19/68)
SEC. 440.3.  PROHIBITION.
   (a)   No person, firm or corporation engaged in the manufacture, handling or sale of food stuffs shall require, permit or allow any person suffering from any communicable disease to work, lodge, sleep or remain within or upon the premises.
   (b)   It shall be unlawful for any person, firm or corporation to allow any dog or dogs or cat or cats, to enter any place of business designated in Section 440, provided, however, that this subsection shall not apply to any Seeing-Eye dog accompanied by a blind person.
   (c)   It shall be unlawful for any person, firm or corporation to display on the street, or in the open air, food products liable to be injured, infected or polluted, without adequate protection from dirt, flies, animals or insects.
   (d)   The carrying on of any occupation in the place or room set apart for the preparation, storage, or sale of foodstuffs, whether cooked or raw or any allied operations that will generate or cause to arise a dust, smoke or offensive odor, is prohibited.
   (e)   It shall be unlawful for any person, firm or corporation to use any stable or other place where animals are kept as a place of storage for fruits, vegetables, meats, milk or any other foodstuffs.
   (f)   The plucking of chickens and other fowl, and the skinning or cleaning of animals shall be carried on in a separate room, and all dust, smoke or offensive odors arising therefrom must be disposed of by air shafts, fans, forced air, or such other means as may be approved by the Department of Public Health.
   (g)   No person shall be allowed to nor shall he reside or sleep in any room of a bake shop, public dining room, hotel, restaurant, kitchen, confectionery, or other place where food or foodstuffs are prepared, produced, manufactured, served or sold.
   (h)   It shall be the duty of every occupant, whether owner or lessee, of any bakery, candy factory, delicatessen, restaurant, warehouse or other place where foodstuff are manufactured, prepared, stored commercially in opened or unopened containers or served, to provide full protection for his cooked food and other wares from dust, dirt, flies and vermin by the use of suitable glass cases, wire screens or other methods approved by the Department of Public Health, and shall cause the abatement and destruction of vermin and flies wherever found.
(Added by Ord. 237-63; App. 9/6/63)
SEC. 440.4.  SANITATION OF PREMISES.
   The floors, sidewalks, ceilings, furniture, receptacles, utensils, implements and machinery of every establishment or place where food is manufactured, packed, stored commercially in opened or unopened containers, sold or distributed shall at all times be kept in a healthful and in a sanitary condition, and for the purposes of this Section, unclean, unhealthful and unsanitary conditions shall be deemed to exist if food in the process of manufacture, preparation, packing, storing, sale or distribution is not securely protected from dust, dirt, rats, flies and other vermin, and, so far as may be possible, protected by any reasonable means from all other foreign or injurious contamination; and all refuse, dirt and waste products subject to putrefaction and fermentation incident to the manufacture, preparation, packing, storing, selling of and distribution of food, shall be removed once in each day; and all trucks, trays, trays, boxes, baskets and buckets and other receptacles, chutes, platforms, racks, tables, shelves, and all knives, saws, cleavers and other implements and machinery used in the moving, handling, cutting, chopping, mixing, canning and all other processes used in the preparation of food shall be thoroughly cleaned at least once in each day, and all operatives, employees, clerks and other persons therein employed or engaged shall maintain their persons and clothing in a clean and sanitary condition at all times and shall not store or keep unclean or soiled clothing or articles for personal use in or about said premises.
(Added by Ord. 237-63; App. 9/6/63)
SEC. 440.5.  TOILET AND HANDWASHING FACILITIES TO BE PROVIDED.
   (a)   Every permanent food facility, as defined in Section 113849 of the California Health and Safety Code, must provide toilet and handwashing facilities for use by employees. Every permanent food facility shall provide clean toilet facilities in good repair for consumers, guests, or invitees if there is onsite consumption of food or if the permanent food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space. In addition, such toilet facilities shall comply with the Plumbing Code of the City and County of San Francisco.
   (b)   For purposes of this Section 440.5, “onsite consumption of food” means the consumption of food, provided by a permanent food facility to patrons or guests, at or within the facility or within an area operated or controlled by the facility. A permanent food facility that does not offer onsite consumption of food may not have on its premises any dining tables, dining chairs, dining counters, or dining standing-tables.
(Amended by Ord. 199-86, App. 6/6/86; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019)
SEC. 440.6.  AUTHORITY TO MAKE RULES, ETC.
   The Department of Public Health shall from time to time adopt such rules and regulations as it may deem necessary and proper to give effect to the provisions of Sections 440 to 440.5, inclusive, hereof and in accordance therewith.
(Added by Ord. 237-63; App. 9/6/63)
SEC. 441.  PENALTIES AND ENFORCEMENT.
   (a)   The Department of Public Health shall enforce Section 440.5 hereof against violations by either of the following actions:
      (1)   Serving notice requiring the correction of any violation of this Section;
      (2)   Calling upon the City Attorney to maintain an action for injunction to enforce the provisions of Section 440.5, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation.
   (b)   Any individual, firm, partnership, corporation, company, association, society, group or other person or legal entity that violates any provision of Section 440.5 hereof shall be liable for a civil penalty, not to exceed $500 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the Treasurer of the City and County of San Francisco.
(Amended by Ord. 199-86; App. 6/6/86)
SEC. 446.  SALE OF BREAD FOR OTHER THAN HUMAN CONSUMPTION.
   It shall be unlawful for any person, firm or corporation operating any bakery or place where bread for human consumption is baked for sale to the public, or for any person, firm or corporation who sells or exposes such bread for sale, to knowingly sell or otherwise dispose of any bread for other than human consumption which was wholesome and suitable for such use at the time it was baked and of the standard weight as now established or as may be hereafter established by ordinance of the City and County of San Francisco, until after the expiration of a period of five days from the time such bread was baked.
   No bread baked for human consumption which was suitable for such use at the time it was baked and of the standard weight as established by ordinance shall be sold for other than human consumption until such bread has been offered and exposed for sale to the public for human consumption for a period of not less than three days.
   Every person, firm or corporation selling or offering for sale any bread for human consumption which at the time of such sale or offering for sale is more than 48 hours old, excepting Sundays or Holidays, shall cause such bread to be indicated as more than 48 hours old either by written or printed label or placard clearly announcing such fact.
[Food Preparation and Service Establishments – Permits; Regulations; Disclosure Requirements]
SEC. 451.  FOOD PREPARATION AND SERVICE ESTABLISHMENT.
   For purposes of this Article 8, the following terms have the following meanings:
   “Bar or tavern” means any Food Preparation and Service Establishment which primarily prepares and/or serves alcoholic beverages.
   “Bed and breakfast establishment” means a “restricted food service facility” as defined in California Health and Safety Code Section 113893, as may be amended from time to time.
   “Boardinghouse” means any building or portion thereof occupied or intended, arranged, or designed for occupation, by six or more but less than 35 guests, where sleeping rooms and meals are provided to the guests for compensation; in addition, Boardinghouse includes all private institutional-type homes where inspection is made by the Department of Public Health.
   “Caterer” means a person who is in the business of providing food, beverages, and sometimes service, at social gatherings. The caterer prepares the food at a location separate from the social gathering, though the caterer may engage in Limited food preparation at the location where the caterer serves the food. A caterer is not a private chef or chef for hire who prepares food in a private home.
   “Catering facility” means any Food Preparation and Service Establishment where a caterer prepares food for service at another location.
      (1)   “Catering facility - Cooking” means a Catering facility where food is cooked for service at another location.
      (2)   “Catering facility - No Cooking” means a Catering facility where Limited food preparation occurs, but cooking is not allowed.
   “City” means City and County of San Francisco.
   “Commissary” means any food establishment in which food, containers, equipment, or supplies are stored or handled for use in vehicles, mobile food preparation units, food carts, or vending machines.
      (1)   “Commissary for cooking” means a Commissary where cooking occurs.
      (2)   “Commissary for Mobile Food Facility servicing” means a Commissary where food is stored for a Mobile Food Facility, and where no food preparation or cooking is allowed.
   “Consumer” has the meaning set forth in California Health and Safety Code Section 113757, as may be amended from time to time.
   “Cooking school” means a school where students prepare and consume food products.
   “Director” means the “Director of Health of the City1 or the Director’s designee. “Inspectors” shall mean the “Inspectors of the Department of Public Health,” administered by said Director. The Director shall be responsible for the administration and enforcement of this Article 8 and the rules and regulations relating thereto. The Director shall, after a public hearing, prescribe the rules and regulations relating thereto. All Food Preparation and Service Establishments shall be operated, conducted, and maintained in accordance therewith.
   “Employee Cafeteria” means a food facility located within business premises where the business employees are provided or sold food on a regular basis. Food and drink are not regularly served to the public and the food establishment is not subject to tax. The operators of the food facility are either employees of the business or are contracted by that business.
   “Food demonstrations” means any food preparation and/or service facility operating out of temporary facilities approved by the Director of Health for a period of time not to exceed seven consecutive days for purposes of demonstrating food preparation or equipment.
   “Food Preparation and Service Establishment” means any restaurant, mobile food facility, guest house, boardinghouse, special events, school food concessions, bar or tavern, take-out establishment, fast food establishment, caterer, catering facility, temporary facility, food demonstration, commissary, pushcart, stadium concession, vending machine, bed and breakfast establishment, employee cafeteria, private school cafeteria, hospital kitchen, and licensed health care facility, as those terms are defined herein.
   “Guest house” means any building or portion thereof occupied or intended, arranged, or designed for occupation, by 35 or more guests where sleeping rooms and meals are provided to the guests for compensation and shall include “guest house,” “residence club,” “lodge,” “dormitory,” “residence cooperative,” and any of its variants.
   “Hospital kitchen” means any food preparation and service facility operating within a hospital that serves food to staff or the general public, but not to patients.
   “Host facility” has the meaning set forth in California Health and Safety Code Section 113806.1, as may be amended from time to time.
   “Licensed Health Care Facility” means all of the following health facilities with 16 or more beds designated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence, rehabilitation, and care during and after pregnancy, to which persons are admitted for a 24-hour stay or longer:
      (1)   General Acute Care Hospital as defined in California Health and Safety Code Section 1250(a) or any successive statutes;
      (2)   Acute Psychiatric Hospital as defined in California Health and Safety Code Section 1250(b) or any successive statutes;
      (3)   Skilled Nursing Facility as defined in California Health and Safety Code Section 1250(c) or any successive statutes;
      (4)   Intermediate Care Facility as defined in California Health and Safety Code Section 1250(d) or any successive statutes;
      (5)   Special Hospital as defined in California Health and Safety Code Section 1250(f) or any successive statutes;
      (6)   Intermediate Care Facility/Developmentally Disabled as defined in California Health and Safety Code Section 1250(g) or any successive statutes; and
      (7)   Chemical Dependency Recovery Facility as defined in California Health and Safety Code Section 1250.3 or any successive statutes.
      Any of the facility types listed above that are operated by the State of California Departments of Mental Health, Developmental Services, Corrections, or Youth Authority are not included in this definition.
   “Limited food preparation” has the meaning set forth in California Health and Safety Code Section 113818, as may be amended from time to time.
   “Limited service charitable feeding operation” has the meaning set forth in California Health and Safety Code Section 113819, as may be amended from time.
   “Mobile Food Facility” means any vehicle or pushcart used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. Mobile Food Facilities may be located on private or public property. Mobile Food Facility does not include a “Transporter” used to transport packaged food from a food facility or other approved source to the Consumer. There are five categories of Mobile Food Facilities for licensing and fee payment purposes under Business and Tax Regulations Code Section 249.1 as set forth below.
      (1)   “Mobile Food Facility 1” means a Mobile Food Facility where a Mobile Food Facility Vendor handles prepackaged and non-potentially hazardous foods, including but not limited to, pastries, bagels, donuts, popcorn, chips, candies, sodas, or bottled drinks.
      (2)   “Mobile Food Facility 2” means a Mobile Food Facility where a Mobile Food Facility Vendor handles prepackaged and potentially hazardous foods, including but not limited to, cold sandwiches, salads, pasta, or cold noodles.
      (3)   “Mobile Food Facility 3” means a Mobile Food Facility where a Mobile Food Facility Vendor handles non-prepackaged and non-potentially hazardous foods, including but not limited to, churros, salted bagels, cotton candy, lemonade, or tea.
      (4)   “Mobile Food Facility 4” means a Mobile Food Facility where a Mobile Food Facility Vendor engages in Limited food preparation.
      (5)   “Mobile Food Facility 5” means a Mobile Food Facility where a Mobile Food Facility Vendor engages in full food preparation or any food preparation not covered by Mobile Food Facility Categories 1-4, including but not limited to, tacos, burritos, crepes, or falafel.
   “Mobile Food Facility Vendor” means any person engaged in the business of operating a Mobile Food Facility within the City.
   “Owner” or “owners” mean those persons, partnerships, or corporations who are financially interested in the operation of a Food Preparation and Service Establishment.
   “Operator” means any person engaged in the dispensing of or in assisting in the preparation of food, or a person otherwise employed in a Food Preparation and Service Establishment.
   “Potentially hazardous food” has the meaning set forth in California Health and Safety Code Section 113871, as may be amended from time to time.
   “Prepackaged food” has the meaning set forth in California Health and Safety Code Section 113876, as may be amended from time to time.
   “Private school cafeteria” means any food preparation and service facility serving food to faculty and/or students of a school not operated by the San Francisco Unified School District.
   “Restaurant” means any coffee shop, cafeteria, short-order cafe, luncheonette, cocktail lounge, sandwich stand, soda fountain, public school cafeteria or eating establishment, in-plant or employee eating establishment, and any other eating establishment, organization, club, including Veterans’ Club, boardinghouse, bed and breakfast establishments, or guest house, which gives, sells, or offers for sale, food to the public, guests, patrons, or employees as well as kitchens or other food preparation areas in which food is prepared on the premises for serving or consumption on or off the premises, and requires no further preparation, and also includes manufacturers of perishable food products that prepare food on the premises for sale directly to the public. The term “restaurant” shall not include mobile food facilities, cooperative arrangements made by employees who purchase food or beverages for their own consumption and where no employee is assigned full-time to care for or operate equipment used in such arrangement, or private homes; nor shall the term “restaurant” include churches, church societies, private clubs, or other nonprofit associations of a religious, philanthropic, civic improvement, social, political, or educational nature, which purchase food, food products, or beverages, or which receive donations of food, food products, or beverages for service without charge to their members, or for service or sale at a reasonable charge to their members or to the general public at occasional fundraising events, for consumption on or off the premises at which the food, food products, or beverages are served or sold, if the service or sale of such food, food products, or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full-time to care for or operate equipment used in such arrangements.
   “School food concessions” means any food preparation, food service, or food products intended for consumption by students attending or participating in activities within a school facility.
   “Shared kitchen complex” means a facility that provides services and restrooms to Food Preparation and Service Establishments located within the facility for the purpose of cleaning, storage, refuse disposal, and wastewater disposal.
   “Special events” means any organized collection of food purveyors operating individually or collaboratively out of approved temporary or mobile food facilities at a fixed location for a period of time not to exceed 25 days in a 90-day period in conjunction with a single, weekly, or monthly community event as defined in California Health and Safety Code Section 113755, as may be amended from time to time.
   “Stadium concession” means any food preparation and/or service facility operating within the footprint of a stadium, arena, or auditorium, with a seating capacity of 25,000 or more.
   “Take-out establishment” means any Food Preparation and Service Establishment that primarily prepares food for consumption off premises.
   “Temporary facility” means any food preparation and service facility operating out of temporary facilities approved by the Director of Health at a fixed location for a period of time not to exceed 25 days in any 90-day period in conjunction with a single event or celebration.
   “Vending machine” means any self-service device, which upon insertion of money, credit card, mobile payment, or tokens, dispenses Potentially hazardous food or beverages without the necessity of replenishing the device between each vending operation.
(Amended by Ord. 241-70; App. 7/14/70; Ord. 26-88, App. 1/28/88; Ord. 341-88, App. 7/28/88; Ord. 206-93, App. 6/25/93; Ord. 121-97, App. 4/9/97; Ord. 84-00, File No. 000424, App. 5/12/2000; Ord. 233-08, File No. 080621, App. 10/30/2008; Ord. 178-10, File No. 100720, App. 7/23/2010; Ord. 298-10, File No. 101352, App. 12/3/2010; Ord. 172-12 , File No. 120638, App. 7/27/2012, Eff. 8/26/2012; Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)
CODIFICATION NOTE
1.   So in Ord. 252-19.
SEC. 452.  PERMIT REQUIRED.
   (a)   It shall be unlawful to maintain or operate a food preparation and service establishment within the City and County of San Francisco without having first obtained a permit therefor issued and signed by the Department of Public Health. Any person, partnership or corporation shall, before opening or operating a food preparation and service establishment in the City and County of San Francisco, make an application for a permit in the manner and upon a form provided by the Director, giving the information and particulars required by the Director.
   (b)   If the applicant for any permit under this Section is a corporation or other business entity, the application shall contain the names of its principal officers and such other particulars as the Director may require.
   (c)   Before granting the permit the Director shall investigate the facts stated in the application and examine the premises to which the permit shall apply to assure that the applicant is or will be in compliance with the laws, rules and regulations pertaining to the proper operation of a food preparation and service establishment, including the California Retail Food Code and the Health Code of the City and County of San Francisco. If the Director determines from its investigation and examination of the premises that the applicant is not in compliance with any or all of the laws, rules and regulations pertaining to the proper operation of a food preparation and service establishment prior to the issuance of a permit, the Director shall allow the applicant a reasonable time within which to comply. The applicant's refusal or neglect to comply in a timely fashion shall be sufficient cause for the Director to deny the application.
   (d)   Any denial of an application for permit under this section shall be subject to an appeal to the Board of Appeals.
   (e)   The permit (1) shall set forth the commercial uses permitted and shall be valid as long as the annual permit fees are paid, or until suspended or revoked; (2) shall not be transferable and shall be deemed revoked upon sale, transfer or assignment of the commercial uses for which the permit was issued; and (3) shall at all times be displayed on the premises.
   (f)   The permit may at any time be suspended or revoked for cause after a hearing by the Department of Public Health. Any determination of suspension or revocation of a permit for cause after a hearing shall be subject to appeal to the Board of Appeals. Upon suspension or revocation, the premises for which the permit was issued shall be posted with the order of the Department.
   (g)   Applications for temporary permits to operate special events shall be submitted no later than fourteen (14) calendar days prior to the commencement of the event along with the applicable filing fees listed in Section 249.11(c) of the Business and Tax Regulations Code of the City and County of San Francisco. If the application and/or filing fees are submitted less than fourteen (14) calendar days prior to the commencement of the event, the applicant shall pay an additional fifty percent (50%) of the filing fee as a late charge before the application can be processed or approved. Applications and/or fees (including any late charges) which are submitted seven (7) calendar days or less prior to the commencement of the event cannot be processed.
(Added by Ord. 241-70; App. 7/14/70; amended by Ord. 341-88, App. 7/28/88; Ord. 84-00, File No. 000424, App. 5/12/2000; Ord. 233-08, File No. 080621, App. 10/30/2008)
SEC. 452.1.  COTTAGE FOOD OPERATIONS.
   (a)   Definitions. For purposes of this Section:
      (1)   "Cottage food operation" means:
         (A)   an enterprise in a private home that has not more in gross annual sales as follows:
            for 2013 - $35,000 or less;
            for 2014 - $45,000 or less;
            for 2015 - $50,000 or less.
            Commencing in 2015, and each subsequent year thereafter, the enterprise shall not have more than fifty thousand dollars ($50,000) in gross annual sales in the calendar year; and
         (B)   is operated by a cottage food operator, and has not more than one full-time equivalent employee, not including the cottage food operator and immediate family or household members of the cottage food operator; and
         (C)   where food products are prepared or packaged for direct and/or indirect sale to the public.
      (2)   "Cottage food operator" means a person who maintains a cottage food operation in his or her private home. Cottage food operators are categorized as follows:
         (A)   Class A cottage food operators may engage only in direct sales of cottage food products to the consumer. A cottage food operation maintained by this category of cottage food operator is known as a Class A cottage food operation.
         (B)   Class B cottage food operators may engage in direct sales and indirect sales of cottage food products. A cottage food operation maintained by this category of cottage food operator is known as a Class B cottage food operation.
      (3)   "Cottage food product" means foods that are not potentially hazardous as determined by the California Department of Public Health ("CDPH"), as set forth in California Health & Safety Code Section 114365.5.
      (4)   "Direct sale" means a transaction between a cottage food operator and a consumer, where the consumer purchases the cottage food product directly from the cottage food operation. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers' markets, or through community-supported agriculture subscriptions, and transactions occurring in person in the cottage food operation.
      (5)   "Indirect sale" means an interaction between a cottage food operation, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the cottage food operation from a third-party retailer that holds a valid permit issued pursuant to California Health & Safety Code Section 114381. Indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises.
      (6)   "Registered or permitted area" means that portion of a private home that contains the private home's kitchen used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment or both, and the attached rooms within the home that are used exclusively for storage of said products, ingredients, and/or equipment.
   (b)   Both Class A and Class B cottage food operators must:
      (1)   Complete a food handling/ processing course; and
      (2)   Prepare only foods approved by the CDPH; and
      (3)   Label cottage food products in accordance with state and federal regulations; and
      (4)   Meet the food preparation and sanitation requirements set forth in California Health & Safety Code Section 114365, et seq., or any successor provisions; and
      (5)   Comply with all applicable zoning requirements; and
      (6)   Obtain all necessary business licenses and permits.
   (c)   A Class A cottage food operation shall register annually with the San Francisco Department of Public Health ("Department"), pay the annual registration fee, and certify, under penalty of perjury, that it complies with state law requirements for the operation of such businesses as set forth in the California Retail Food Code, Health & Safety Code Sections 114365, et seq., or any successor provisions, and regulations promulgated by the CDPH.
   (d)   A Class B cottage food operation shall obtain a permit from the Department, which must be renewed annually, and pay the initial application fee and annual permit fees. For the permit to be issued, the Class B cottage food operator shall certify, under penalty of perjury, that it complies with state law requirements for the operation of such businesses as set forth in the California Retail Food Code, Health & Safety Code Sections 114365, et seq., and regulations promulgated by the CDPH. As a condition of the permit being renewed annually, the Class B cottage food operator shall annually make the same certification, under penalty of perjury.
   (e)   The Department may inspect the registered area of a Class A cottage food operation or the permitted area of a Class B food operation only in response to a consumer complaint, or if the Department reasonably suspects that adulterated or unsafe food has been produced, or reasonably suspects that the cottage food operation has violated California food safety laws.
   (f)   Registration as a Class A cottage food operation, or a permit for operation of a Class B cottage food operation, is valid only for the person, location, type of food sales, and distribution activity specified on the registration or permit for the time period specified, and is not transferable.
   (g)   Registration as a Class A cottage food operation, or a permit for a Class B cottage food operation, may be suspended or revoked for violation of state law. For a prospective suspension or revocation, the Director of the San Francisco Department of Public Health ("Director") shall issue a written notice to the cottage food operator specifying the alleged violation(s) and advising the cottage food operator of a right to a hearing. The cottage food operator shall request a hearing, in writing, within 15 calendar days after receipt of the notice. Failure to request a hearing within 15 calendar days, shall be deemed a waiver of the right to a hearing. The hearing shall be held within 15 calendar days of the request for the hearing.
   (h)   If the Director finds an imminent health hazard, unless the hazard is immediately corrected, the Director may temporarily suspend registration as a Class A cottage food operation, or a permit for a Class B cottage food operation, and order the cottage food operation to immediately close. The Director shall issue a written Notice of Violation setting forth the basis for such action, and provide the permit holder or practitioner with the right to a hearing, as set forth in subsection (g), above.
(Added by Ord. 96-13 , File No. 130244, App. 5/31/2013, Eff. 6/30/2013)
SEC. 453.  DISEASED EMPLOYEES.
   No employer shall require, permit or suffer any person to work, nor shall any person work, in a building, room, basement, cellar, place or vehicle, occupied or used for the production, preparation, manufacture, packing, storage, sale, distribution or transportation of food, who is afflicted or affected with or who is a carrier of any venereal disease, smallpox, diphtheria, scarlet fever, yellow fever, tuberculosis, consumption, bubonic plague, Asiatic cholera, leprosy, trachoma, typhoid fever, epidemic dysentery, measles, mumps, German measles, whooping cough, chicken pox, or any other infectious or contagious disease.
SEC. 454.  REGULATIONS.
   The rules and regulations to be issued by said Director, shall, among other matters, provide for the following:
   (a)   Suitable ducts in said kitchens and elimination of obnoxious and disagreeable odors from said public eating places;
   (b)   Suitable hoods for ranges;
   (c)   Proper ventilation for kitchens and dining rooms;
   (d)   Basements and storerooms to be dry, clean and sanitary;
   (e)   Regulation of refrigeration and storage of foodstuffs;
   (f)   Installation and maintenance of proper sanitary plumbing;
   (g)   Handling, storage and dispensing of milk;
   (h)   Receptacles for soiled linen, use of clean linens and laundering thereof;
   (i)   Methods and manner of dishwashing;
   (j)   Collection and disposition of garbage and proper receptacle and containers therefor;
   (k)   Adequate toilet facilities and the location of water closets, dressing rooms, lockers and wash basins;
   (l)   Cleanliness of the premises, utensils and towels.
SEC. 455.  RESERVED.
(Repealed by Ord. 233-08, File No. 080621, App. 10/30/2008)
SEC. 456.  FOOD PREPARATION AND SERVICE ESTABLISHMENT DISCLOSURES.
   For purposes of Sections 456 through 456.5, the following terms have the following meanings:
   “Closed Placard” means a red placard issued by a County Environmental Health Inspector to a Food Preparation and Service Establishment at the conclusion of a Routine or Scheduled Inspection in which one or more Major Violations that may pose an Imminent Health Hazard are documented, which violations, or subset thereof, are not corrected at the time of the inspection, as set forth in the Food Inspection Report.
   “Conditional Pass Placard” means a yellow placard issued by a County Environmental Health Inspector to a Food Preparation and Service Establishment at the conclusion of a Routine or Scheduled Inspection in which two or more Major Violations that may pose an Imminent Health Hazard are documented, which violations are corrected at the time of the inspection, as set forth in the Food Inspection Report.
   “Food Inspection Report” means the written notice prepared and issued by a County Environmental Health Inspector after conducting an inspection of a Food Preparation and Service Establishment to determine compliance with all applicable Federal, State, and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.
   “Food Preparation and Service Establishment” is defined in Section 451 and for purposes of Sections 456et seq. shall include a Food Preparation and Service Establishment operation in conjunction with a “food product and marketing establishment” (as defined in Section 440).
   “Imminent Health Hazard” has the meaning set forth in California Health and Safety Code Section 113810, as amended from time to time.
   “Major Violation” has the meaning set forth in California Health and Safety Code Section 113821, as may be amended from time to time.
   “Notice of closure” means a public notice that may be posted by a county environmental health inspector at a Food Preparation and Service Establishment upon suspension or revocation of the establishment’s public health permit to operate and that results in the immediate closure of the establishment and the discontinuance of all operations of the Food Preparation and Service Establishment, by order of a County Environmental Health Inspector, because of violations of applicable Federal, State, or local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.
   “Pass Placard” means a green placard issued by a County Environmental Health Inspector to a Food Preparation and Service Establishment at the conclusion of a Routine or Scheduled inspection in which no more than one Major Violation that may pose an Imminent Health Hazard is documented, which violation is corrected at the time of the inspection, as set forth in the Food Inspection Report.
   “Placard” means a Closed Placard, a Conditional Pass Placard, or a Pass Placard.
   “Routine Inspection” means a periodic, unannounced inspection of a Food Preparation and Service Establishment to determine compliance with all applicable Federal, State and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. A Routine Inspection shall not mean an inspection conducted by a County Environmental Health Inspector to determine compliance with a previously issued Food Inspection Report or any interim inspection conducted to determine compliance with specific regulations or legal requirements.
   “Scheduled Inspection” means an announced inspection of a Food Preparation and Service Establishment that is scheduled for the purpose of following up on a Routine inspection, and where a food safety evaluation is made and a new Placard may be issued.
(Added by Ord. 81-04, File No. 040092, App. 5/20/2004; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)
SEC. 456.1.  POSTING REQUIREMENTS – PENALTY FOR NONCOMPLIANCE – DOCUMENTS AVAILABLE FOR PUBLIC REVIEW.
   (a)   Upon issuance of a Placard by a County Environmental Health Inspector, the Food Preparation and Service Establishment shall post the Placard on the premises of the establishment so as to be clearly visible to patrons of the establishment.
   (b)   Food Preparation and Service Establishments that are not issued a Placard by a County Environmental Health Inspector shall not post a Placard on the premises of the establishment.
   (c)   Food Preparation and Service Establishments, whether issued a Placard or not, must make the Food Inspection Report available to the general public and patrons for review upon request.
   (d)   The Department of Public Health shall strive to make all current Food Inspection Reports of Food Preparation and Service Establishments available on the Department’s website as soon as is practicable.
   (e)   Once required to be posted, the Placard shall not be defaced, marred, camouflaged, hidden, or removed by the Food Preparation and Service Establishment until superseded. It is unlawful to operate a Food Preparation and Service Establishment unless the Placard is in place as set forth hereunder. Removal of (or defacement, marring, camouflaging, or hiding of) the Placard from its required place on the premises is a violation of Sections 456et seq. and may result in the suspension or revocation of the Public Health Permit to operate, as specified in Section 456.3, and is punishable, as specified in Section 456.4.
   (f)   Every Food Preparation and Service Establishment shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the establishment: Any public health concerns regarding this establishment should be directed to the Department of Public Health, Environmental Health Section located at: 1390 Market Street, Suite 210, San Francisco, CA, 94102, (415) 252-3800.
   (g)   The Food Preparation and Service Establishment shall keep the current Food Inspection Report until such time as a County Environmental Health Inspector completes the next Routine or Scheduled Inspection of the establishment and issues a new Food Inspection Report.
(Added by Ord. 81-04, File No. 040092, App. 5/20/2004; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)
SEC. 456.2. PLACARD – PERIOD OF VALIDITY.
   A Placard shall remain valid until a County Environmental Health Inspector completes the next Routine or Scheduled Inspection of the Food Preparation and Service Establishment.
(Added by Ord. 81-04, File No. 040092, App. 5/20/2004; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)
SEC. 456.3.  PUBLIC HEALTH PERMIT SUSPENSION OR REVOCATION – NOTICE OF CLOSURE.
   (a)   Nothing in Sections 456et seq. shall prohibit a County Environmental Health Inspector from immediately closing any Food Preparation and Service Establishment if, in the Inspector’s discretion, immediate closure is necessary to protect the public health.
   (b)   Upon issuance of a written notice of suspension or revocation of the Public Health Permit to operate by a County Environmental Health Inspector, the Inspector shall post a Closed Placard at the Food Preparation and Service Establishment so as to be clearly visible to the general public and to patrons.
   (c)   Upon issuance of the written notice of suspension or revocation of the Public Health Permit to operate by a County Environmental Health Inspector and posting of a Closed Placard, the Food Preparation and Service Establishment shall immediately close to the general public and to patrons and shall discontinue all operations until the Public Health Permit to operate has been reissued or reinstated by order of a County Environmental Health Inspector or until the establishment no longer operates as a Food Preparation and Service stablishment1 .
   (d)   The Closed Placard shall remain posted until removed by a County Environmental Health Inspector. Removal of the Closed Placard by any person other than a County Environmental Health Inspector or the refusal of a Food Preparation and Service Establishment to close upon issuance of the written notice of suspension of the Public Health Permit to operate is a violation of Sections 456et seq. and may result in the suspension or revocation of the Food Preparation and Service Establishment’s Public Health Permit to operate and shall be punishable as specified in Section 456.4.
(Added by Ord. 81-04, File No. 040092, App. 5/20/2004; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)
CODIFICATION NOTE
1.   So in Ord. 252-19.
SEC. 456.4.  PENALTIES AND ENFORCEMENT.
   (a)   Criminal Penalties. Any person violating any of the provisions of Sections 456et seq., inclusive, of this Article 8 on more than three occasions within a twelve-month period, or violating Sections 451 through 454, inclusive, shall be guilty of a misdemeanor and shall be punished by a fine of not less than $10 and not in excess of $500, or by imprisonment in the County Jail for a term not exceeding 100 days, or by both such fine and imprisonment.
   (b)   Administrative Penalties. Any firm, association, company, or corporation violating any of the provisions of Sections 456et seq., inclusive, of this Article 8 shall be subject to administrative penalties imposed by the Director of Health. For a violation of subsection (c) or (d) of Section 456.3, the Director may assess an administrative penalty of not less than $200 and not more than $1,000. For all other violations of Sections 456et seq., he1 Director may assess an administrative penalty not exceeding $50 for a first violation; not exceeding $100 for a second violation; and not exceeding $200 for the third and each subsequent violation of Sections 456et seq.
   (c)   Before imposing an administrative penalty, the Director must serve upon the firm, association, company, person, or corporation with responsibility for the Food Preparation and Service Establishment (hereinafter, “Responsible Party”) a notice of initial determination. The notice shall state the proposed administrative penalty and the basis for the Director’s initial determination, including the alleged acts or failures to act that constitute a basis for the administrative penalty. The notice shall inform the Responsible Party that it has the right to request administrative review of the penalty within 15 days of receipt of the notice. Where the Director has determined that continued operation of the Food Preparation and Service Establishment poses a threat to public health, the notice of initial determination may also require that the establishment cease and desist from all food preparation and service activity.
   (d)   If no request for review of the Director’s decision is filed with the Department of Public Health within the appropriate period, the decision shall be deemed final and shall be effective 15 days after the notice of initial determination was served on the Responsible Party. The Director shall thereafter issue an Order imposing an administrative penalty and serve it upon the party served with the notice of initial determination. Payment of any administrative penalty is due within 30 days of service of the Director’s Order. Any administrative penalty assessed and received in an action brought under this Article 8 shall be paid to the Treasurer of the City. The Responsible Party against whom an administrative penalty is imposed also shall be liable for the costs and attorney’s fees incurred by the City in bringing any civil action to enforce the provisions of this Section 456.4, including obtaining a court order requiring payment of the administrative penalty.
   (e)   If the Responsible Party files a timely request for review of the Director’s decision with the Department of Public Health, the Director shall conduct a hearing. Within 15 days of receipt of the request, the Director shall notify the requestor of the date, time, and place of the hearing. Such hearing shall be held no later than 30 days after the Director receives the request, unless time is extended by mutual agreement of the affected parties. The Director may adopt rules and regulations regarding the hearing procedures.
   (f)   Following the hearing, the Director shall serve written notice of the Director’s decision on the Responsible Party. If the Director’s decision is that the Responsible Party must pay an administrative penalty, the notice of decision shall state that the recipient has 10 days in which to pay the penalty. Any administrative penalty assessed and received in an action brought under this Article 8 shall be paid to the Treasurer of the City. The Responsible Party against whom an administrative penalty is imposed also shall be liable for the costs and attorney’s fees incurred by the City in bringing any civil action to enforce the provisions of this Section 456.4, including obtaining a court order requiring payment of the administrative penalty.
   (g)   The Director of Health may appoint a designee to perform the Director’s functions and responsibilities under this Section 456.4.
(Added by Ord. 81-04, File No. 040092, App. 5/20/2004; Ord. 233-08, File No. 080621, App. 10/30/2008; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)
CODIFICATION NOTE
1.   So in Ord. 252-19.
SEC. 456.5.  LIENS.
   (a)   All final costs, fees, and administrative penalties assessed against a person for violations of Section 451 through 456.4, inclusive, or the California Retail Food Code shall be an obligation owed to the City by the person found to have violated these sections, and the owner of the property where the food preparation and service establishment is located, provided that both have been given adequate notice of the alleged violation(s). Such obligation may be collected by means of the imposition of a lien against the property of the owner of the property or the person or business against whom the final administrative or civil penalty was assessed. The City shall mail to the owner of the property and to the person against whom the final amount was assessed (if different from the owner of the property) a notice of the amounts due and a warning that lien proceedings will be initiated against the property if the amounts are not paid within 30 days after mailing of the notice.
   (b)   Liens shall be created and assessed in accordance with Article XX of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230).
(Added by Ord. 81-04, File No. 040092, App. 5/20/2004; Ord. 233-08, File No. 080621, App. 10/30/2008)
SEC. 456.6.  ENFORCEMENT OF SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 AND ITS IMPLEMENTING REGULATIONS; REQUIREMENT THAT WARNINGS BE PROVIDED IN ENGLISH, SPANISH, AND CHINESE.
   (a)   The Department of Public Health shall enforce the Safe Drinking Water and Toxic Enforcement Act of 1986 (California Health and Safety Code Chapter 6.6, added by Proposition 65 1986 General Election) and its implementing regulations (California Code of Regulations, Title 22, Section 12000 et seq.) by:
      (1)   Inspecting food product and marketing establishments defined in Section 440 and food preparation and service establishments defined by Section 451 to determine whether these establishments are in compliance with the warning requirements of the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations pertaining to exposure to chemicals known to the State of California to cause cancer, birth defects or other reproductive harm;
      (2)   Serving notices requiring the correction of any violation of the Safe Drinking Water and Toxic Enforcement Act of 1986 or its implementing regulations; and
      (3)   Calling upon the City Attorney or the District Attorney to maintain an action for violation of the Safe Drinking Water and Toxic Enforcement Act of 1986 or its implementing regulations, to cause correction of such violation, and for assessment and recovery of civil or criminal remedies for such violation.
   (b)   Written warnings required to be provided by food product and marketing establishments and food preparation and service establishments under the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations or any existing settlements and consent judgments pertaining to lawsuits filed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations shall be made in English, Spanish and Chinese. Written warnings in Spanish and Chinese shall comply with the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations and any existing settlements and consent judgments pertaining to lawsuits filed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations and be provided in the same manner as the warnings in English, including but not limited to location, size, and font of the warning message.
(Added by Ord. 250-05, File No. 050253, App. 11/10/2005)
SEC. 456.7.  [REPEALED.]
(Added by Ord. 250-10, File No. 101178, App. 10/22/2010; repealed by Ord. 125-15 , File No. 150268, App. 7/17/2015, Eff. 8/16/2015)
Editor's Note:
   Former Sec. 456.7 pertained to "Restaurant Appreciation Month." For current provisions relating to "Restaurant Week," see Administrative Code Sec. 1.62.
[Establishments Serving Alcoholic Beverages and Food and Furnishing Entertainment]
SEC. 460.  ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES AND FOOD AND FURNISHING ENTERTAINMENT DEFINED.
   The establishments referred to in Section 460 to 466, inclusive, of this Article, are hereby defined to be any place, room, or space, upon or within any building or structure, where any alcoholic beverage and food of any kind or character is served, and where theatrical, operatic, vaudeville or dancing performance, or any combination of such performance, is conducted or permitted upon the floor, a platform, or a stage, upon or within said place, room or space.
SEC. 461.  PERMITS.
   It shall be unlawful for any person, firm or corporation to conduct or maintain any such establishment in the City and County of San Francisco without first obtaining a permit therefor from the Department of Public Health. No such permit shall be issued by the Department of Public Health until the issuance of the same has been approved by the Department of Electricity, the Bureau of Building Inspection of the Department of Public Works and the Bureau of Fire Prevention and Public Safety.
SEC. 462.  APPLICATION – INVESTIGATION, ETC.
   Application for said permit shall be made to the Department of Public Health, which said application shall state the proposed location of said establishment, the character of the building in which the same is proposed to be conducted or maintained, and a detailed plan of the premises contemplated to be occupied by the applicant, as well as the number of patrons to be accommodated at any time in said establishment. Upon receipt of said application the Department of Public Health shall forthwith send copies thereof to the Department of Electricity, the Bureau of Building Inspection of the Department of Public Works and the Bureau of Fire Prevention and Public Safety. It shall be the duty of each of the said bureaus and departments, upon receipt of said application, to investigate the condition of the premises in which said establishment is proposed to be maintained in so far as said conditions come under the jurisdiction of the said respective bureaus and departments, and, upon the completion of said investigation, to approve or disapprove the granting of said permit. In the event of the disapproval of the application by any of said bureaus or departments, said application for said permit shall be denied.
SEC. 463.  APPLICATION, EXISTING ESTABLISHMENTS.
   Any person, firm or corporation conducting or maintaining such establishment in the City and County of San Francisco on the 5th day of November, 1936, shall make immediate application to the Department of Public Health for a permit to continue the maintenance and conduct of said establishment.
SEC. 464.  GROUNDS FOR PERMIT REVOCATIONS – PROCEDURE.
   Any violation of any existing laws of the City and County of San Francisco, shall constitute and shall be so construed as to be sufficient reason for the revocation of any permit. Any permit issued pursuant to the provisions of Sections 460 to 466, inclusive, of this Article, may be revoked by the Department of Public Health for cause upon application of any one or more of the Departments or Bureaus whose approval was first necessary for the issuance of the permit, after due hearing shall be first had therein; and reasonable notice shall be given to the person, firm or corporation charged with the said violation, and of the time, place and date set for the hearing on the revocation of said permit.
SEC. 465.  DISCRETION OF OFFICERS, ETC.
   Whenever any discretion as to the operation, construction or equipment of any such establishment by Sections 460 to 466, inclusive, of this Article, is given to any officer, board, bureau, department or commission, the said officer, board, bureau, department or commission shall exercise said discretion only in so far as the same is necessary for the safety of the patrons and employees and other persons frequenting said establishment.
SEC. 466.  OTHER LAWS, RULES AND REGULATIONS.
   All existing laws of the City and County of San Francisco, and all rules and regulations of the Department of Public Health, relative to the keeping, preparation and serving of food and alcoholic beverages in restaurants or other places open to the public shall apply to such establishments; and no such establishment shall permit dancing therein without a permit from the Police Department of the City and County of San Francisco.