SEC. 1215. COMMERCIAL PARKING PERMITS.

   (a)   Definitions. The following definitions shall apply in Police Code Sections 2.9, 2.26 and 1215 through 1215.7 and Business and Tax Regulations Code Section 22.

      Chief of Police. The Chief of the San Francisco Police Department, or designee.

      Commercial parking permit. A permit the Chief of Police issues under this Section to operate a parking garage or parking lot.

      Covered crimes. The crimes of assault, battery, burglary, robbery, theft including identity theft, receipt of stolen property, breaking or removing parts from a vehicle, malicious mischief to a vehicle, unlawful use or tampering by bailee of a vehicle, altering a vehicle identification, tax fraud or evasion, and any offense related to the use of alcohol, narcotics or controlled substances while operating or in connection with a vehicle, committed anywhere in the United States of America.

      Entertainment Establishment. Any building, space, or structure operating under a "Place of Entertainment" permit issued pursuant to San Francisco Police Code Section 1060 et seq. or operating under an "Extended Hours Premises" permit issued pursuant to San Francisco Police Code Section 1070 et seq.

      Parking garage. Any building or structure, or any portion of a building or structure, where members of the public may park or store motor vehicles for a charge. This definition does not include

      (1)   any parking garage in a residential building or development that provides parking for a charge as a convenience or amenity for residents or their guests only;

      (2)   any parking garage on San Francisco Unified School District property where a Qualified Nonprofit makes special event parking available to members of the public for a charge, pursuant to a Special School Parking Event Permit under Article 9, Section 608 of the Business and Tax Regulations Code; and

      (3)   any parking garage in a residential building that rents not more than ten spaces to non-residents of the building on a monthly basis and is registered with the Tax Collector under Article 6, Section 6.9-3 of the Business and Tax Regulations Code.

      Parking lot. Any outdoor or uncovered space, including any plot, place, lot, parcel, yard or enclosure, or any portion of such a space, where members of the public may park or store motor vehicles for a charge. This definition does not include

      (1)   any outdoor or uncovered space that is part of a residential building or development that provides parking for a charge as a convenience or amenity for residents or their guests only;

      (2)    any outdoor or uncovered lot on San Francisco Unified School District property where a Qualified Nonprofit makes special event parking available to members of the public for a charge, pursuant to a Special School Parking Event Permit under Article 9, Section 608 of the Business and Tax Regulations Code; and

      (3)   any outdoor or uncovered space that is part of a residential building that rents not more than 10 spaces to non-residents of the building on a monthly basis and is registered with the Tax Collector under Article 6, Section 6.9-3 of the Business and Tax Regulations Code.

      Person. Any individual, firm, company, corporation, partnership, joint venture, association, organization or other legal entity. When Sections 1215 through 1215.6 require a person to provide or list a name, the person must provide or list any prior names and aliases.

      Prevailing Party. Prevailing Party has the same meaning as set forth in California Code of Civil Procedure Section 1032, or any successor provision. "Prevailing Party" includes the City in actions where the City obtains an injunction and/or civil penalties or other monies under Sections 1215 through 1215.6 or under State law.

      Qualified Nonprofit. A volunteer led organization having a formally recognized exemption from income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and with a mission of benefitting one or more San Francisco public schools.

   (b)   Permit Requirement. Except as provided in this subsection (b), a person may not operate a parking garage or parking lot, directly or indirectly, unless the person holds a commercial parking permit issued by the Chief of Police. This Section requires a separate commercial parking permit for each parking garage and parking lot. The Chief of Police shall close immediately any parking garage or parking lot operating without the required commercial parking permit. A parking garage or parking lot that is registered with the Tax Collector under Article 6, Section 6.9-3(a)(2), of the Business and Tax Regulations Code is not required to hold a commercial parking permit under this Section.

      Notwithstanding the foregoing paragraph, a governmental entity operating a parking garage or parking lot on that governmental entity's property is not required to obtain a commercial parking permit for that parking garage or parking lot; however, any other person operating a parking garage or parking lot on a governmental entity's property must hold a commercial parking permit issued by the Chief of Police for each such parking garage and parking lot.

   (c)   Annual Permit. Each commercial parking permit shall authorize the permittee to operate the permitted parking garage or parking lot for one year from the date the Chief of Police issues the permit, unless the Chief of Police suspends or revokes the permit. Each commercial parking permit shall expire by operation of law at the end of the one-year period. Notwithstanding Section 2.10 of the Police Code, a permittee wishing to operate beyond the one-year permit term must obtain a new commercial parking permit before the existing permit expires.

(Added by Ord. 219-10, File No. 100639, App. 8/12/2010; amended by Ord. 87-12 , File No. 111077, App. 5/14/2012, Eff. 6/13/2012; Ord. 189-12 , File No. 120407, App. 9/11/2012, Eff. 10/11/2012; Ord. 209-12 , File No. 120631, App. 9/28/2012, Eff. 10/28/2012; Ord. 5-13 , File No. 121064, App. 1/24/2013, Eff. 2/23/2013; Ord. 221-13 , File No. 130790, App. 11/1/2013, Eff. 12/1/2013; Ord. 152-15 , File No. 150625, App. 8/6/2015, Eff. 9/5/2015)