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[Establishments Serving Alcoholic Beverages and Food and Furnishing Entertainment]
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.
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.
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.
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.
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.
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.
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.
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(a) “Food vending machine” means any self-service device which, upon insertion or use of a credit card, mobile payment, coin, coins, or token, or by similar means, dispenses unit servings of potentially hazardous food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation. Food vending machines do not include self-service devices that only dispense non-potentially hazardous foods, including but not limited to peanuts, wrapped candy, gum, bottled beverages, or ice.
(b) Every person, firm or corporation in the business of operating a food vending machine, or food vending machines, as defined in Subsection (a) of this Section, within the City and County of San Francisco, on or after October 1, 1970, must file an application for a permit on a form provided by the Health Department.
The permit shall be valid until suspended or revoked. Said permit shall not be transferable and shall be deemed revoked upon sale or transfer of the business for which it was issued.
Prior to the use and operation of any vending machine by a permittee, said permittee shall pay the fee prescribed in Section 249.12(b) of Part III of the San Francisco Municipal Code and obtain from the Health Department a decal. Upon receipt of said decal, the permittee shall enter upon it the serial number of the vending machine and post said decal on the front panel of the vending machine. The serial number of the vending machine operated shall correspond to the number entered upon the decal.
Any food vending machine that is found to be insanitary, malfunctioning or unposted with the required decal shall be sealed by an Inspector of the Health Department and shall only be removed by said Inspector.
(c) All food vending machine operators shall supply quarterly, on a form approved by the Health Department, certified copies of machine inspection reports made by their supervisory personnel and total number of machines currently in operation.
(Added by Ord. 241-70, App. 7/14/70; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)
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