SEC. 890.123. TOBACCO PARAPHERNALIA ESTABLISHMENT

   A Tobacco Paraphernalia Establishment is retail use where more than 10% of the square footage of Occupied Floor Area, as defined in Section 102, or more than 10 linear feet of display area projected to the floor, whichever is less, is dedicated to the sale, distribution, delivery, furnishing, or marketing of Tobacco Paraphernalia from one person to another. “Tobacco Paraphernalia” means paraphernalia, devices, or instruments that are designed or manufactured for the smoking, ingesting, inhaling, or otherwise introducing into the body of tobacco, products prepared from tobacco, or controlled substances as defined in California Health and Safety Code Sections 11054 et seq. “Tobacco Paraphernalia” does not include lighters, matches, cigarette holders, any device used to store or preserve tobacco, tobacco, cigarettes, cigarette papers, cigars, or any other preparation of tobacco that is permitted by existing law. Medical Cannabis Dispensaries, as defined in Section 3301(f) of the San Francisco Health Code, are not Tobacco Paraphernalia Establishments.

(Added by Ord. 244-08, File No. 080567, App. 10/30/2008; amended by Ord. 3-10, File No. 090962, App. 1/15/2010; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

AMENDMENT HISTORY

Section amended; Ord. 56-13 , Eff. 4/27/2013. Section amended; Ord. 70-23, Eff. 6/3/2023.

SEC. 890.124. TRADE SHOP.

(See Interpretations related to this Section.)

   A retail service use which provides custom-crafted goods and/or services for sale directly to the consumer, reserving some storefront space for display and retail service. The Trade Shop shall be conducted to minimize the impacts of noise, vibration, or emissions beyond the premises of the use. A trade shop includes, but is not limited to:

   (a)   Repair of personal apparel, accessories, household goods, appliances, furniture and similar items, but excluding repair of motor vehicles and structures;

   (b)   Upholstery services;

   (c)   Carpentry;

   (d)   Printing of a minor processing nature, including multicopy and blueprinting services and printing of pamphlets, brochures, resumes and small reports, but excluding printing of books, magazines or newspapers;

   (e)   Tailoring; and

   (f)   Other artisan craft uses, including fine arts uses.

   (g)   Within Eastern Neighborhoods Mixed Use Districts, this use shall include the offices of building, plumbing, electrical, painting, masonry, roofing, furnace or pest control contractors and storage of incidental equipment and supplies used by them, if located entirely within an enclosed building having no openings other than fixed windows or exits required by law within 50 feet of an R District. No processing of building materials, such as mixing of concrete or heating of asphalt shall be conducted on the premises. Parking, loading, and unloading of all vehicles used by the contractor shall be located entirely within the building containing the use.

   (h)   Within the Chinatown Mixed Use Districts, it does not include any shop which uses a single machine of more than five horsepower capacity, or a shop in which the mechanical equipment, together with related floor space used primarily by the operators of such equipment, occupies in the aggregate more than 1/3 of the total Gross Floor Area of the use. A trade shop is distinct from light manufacturing, as defined in Section 890.54(a) of this Code.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

AMENDMENT HISTORY

Formerly undesignated material designated as divisions (g) and (i); former division (g) redesignated as (h) and amended; Ord. 56-13 , Eff. 4/27/2013. Former division (g) deleted; former divisions (h) and (i) redesignated as divisions (g) and (h) and amended; Ord. 296-18, Eff. 1/12/2019. Undesignated introductory paragraph and division (g) amended; Ord. 70-23, Eff. 6/3/2023.

SEC. 890.125. CANNABIS RETAIL.

   A Retail Sales and Service Use that sells or otherwise provides cannabis and cannabis-related products for adult use, and that may also include the sale of cannabis for medicinal use. Cannabis Retail establishments may only be operated by the holder of (a) a valid license from the State of California (License Type 10—Retailer, as defined in California Business and Professions Code, Division 10) and (b) a valid permit from the City’s Office of Cannabis. This use is subject to operating and location restrictions set forth in Section 202.2(a).

(Added by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018)

SEC. 890.130. USE SIZE (NONRESIDENTIAL).

   The permitted gross floor area allowed each individual nonresidential use. "Gross floor area" is defined in Section 102.9 of this Code.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 890.131. VEHICLE STORAGE, OPEN LOT.

   A use which provides for the storage of buses, recreational vehicles, mobile homes, trailers or boats and/or storage for more than 72 hours of other vehicles on an open lot. It shall not include rooftop storage.

(Added by Ord. 115-90, App. 4/6/90)

SEC. 890.132. VEHICLE STORAGE, ENCLOSED LOT OR STRUCTURE.

   A use which provides for the storage of buses, recreational vehicles, mobile homes, trailers or boats and/or storage for more than 72 hours of other vehicles in an enclosed lot or structure. It shall not include rooftop storage.

(Added by Ord. 115-90, App. 4/6/90)

SEC. 890.133. MEDICAL CANNABIS DISPENSARY.

   Medical cannabis dispensary ("MCD") as defined by Section 3301(f) of the San Francisco Health Code.

   (a)   Requirements. MCDs must meet all of the following requirements:

      (1)   The parcel containing the MCD cannot be located within 1,000 feet from a parcel containing:

         (A)   a public or private elementary or secondary school; or

         (B)   a community facility and/or a recreation center that primarily serves persons under 18 years of age;

      (2)   The MCD is not located on the same parcel as a facility providing substance abuse services that is licensed or certified by the State of California or funded by the Department of Public Health;

      (3)   No alcohol is sold or distributed on the premises for on or off-site consumption;

      (4)   If medical cannabis is smoked on the premises the dispensary shall provide adequate ventilation within the structure such that the doors and windows are not left open for such purposes, resulting in odor emission from the premises;

      (5)   In addition to these requirements, an MCD must meet all of the requirements in Article 33 of the San Francisco Health Code.

   (b)   Application and Referral Process. The Department of Public Health is the lead agency for regulating MCDs. Final City permits are issued by the Department of Public Health. No dispensary may open without final authorization from the Department of Public Health. The Planning Department will review an application for a Medical Cannabis Dispensary only upon receipt of (1) a valid referral from the Department of Public Health pursuant to Health Code Section 3304 and 3305, (2) supplemental application materials, if any, designated by the Planning Department, and (3) a building permit application.

   (c)   Notice. Once the Department has determined that the application is complete, a 30-day notice of application shall be mailed to owners and occupants within a 300 foot radius of the subject property. Notice shall be posted on the project site for no less than 30 days.

   (d)   Hearing. A Mandatory Discretionary Review hearing will be scheduled at the Planning Commission, which may choose to exercise its discretionary review powers and disapprove, modify, or approve the dispensary.

   (e)   Signage. Signage for the medical cannabis dispensary shall be limited to one wall sign not to exceed ten square feet in area, and one identifying sign not to exceed two square feet in area; such signs shall not be directly illuminated. Any wall sign, or the identifying sign if the medical cannabis dispensary has no exterior wall sign, shall include the following language: "Only individuals with legally recognized Medical Cannabis Identification Cards or a verifiable, written recommendation from a physician for medical cannabis may obtain cannabis from medical cannabis dispensaries." The required text shall be a minimum of two inches in height.

   (f)   Abandonment. If an MCD closes for a duration longer than 18 months or if the MCD's license is revoked by DPH pursuant to Health Code Section 3315, the MCD will be considered abandoned and any Planning Commission authorization for the parcel shall be null and void.

   (g)   Permit Statement. Any permit issued for a medical cannabis dispensary shall contain the following statement in bold-face type: "Issuance of this permit by the City and County of San Francisco is not intended to and does not authorize the violation of State or Federal law."

(Added by Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 225-06, File No. 060032, Effective without the signature of the Mayor; Ord. 225-07, File No. 070677, App. 10/2/2007; Ord. 90-08, File No. 080232, App. 5/21/2008; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011)

AMENDMENT HISTORY

Section amended in its entirety; Ord. 140-11, Eff. 8/4/2011.

SEC. 890.140. WALK-UP FACILITY.

   A structure designed for provision of pedestrian-oriented services when located on an exterior building wall, including window service, self-service operations, and automated bank teller machines (ATMs). Such facilities shall provide waste receptacles, be kept free of litter, and provide adequate lighting for the facility and adjacent sidewalk, consistent with Planning Department guidelines.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

AMENDMENT HISTORY

Section amended; Ord. 70-23, Eff. 6/3/2023.