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New Ordinance NoticePublisher's Note: This section has been AMENDED by new legislation (Ord. 244-19
, approved 11/1/2019, effective 12/1/2019, operative 1/1/2023). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.
(a) Application Requirements. An applicant for a commercial parking permit shall use the application form the Chief of Police provides, and shall supply the following information:
(1) The applicant's business name and address, and the address of the parking garage or parking lot for which the applicant seeks a commercial parking permit;
(2) The name, residence address, and business contact information of an individual the applicant has authorized to serve as the point of contact for the application and any commercial parking permit the Chief of Police issues;
(3) The names and residence addresses of every officer and partner of the applicant and every person with 10 percent or larger ownership interest in the applicant;
(4) The name and residence address of the individual whom the applicant has authorized to manage, direct, or control the operations of the parking garage or parking lot for which the applicant seeks a commercial parking permit;
(5) For all individuals listed in subsections (2) through (4), a list of each conviction of or plea of guilty or no contest to a covered crime in the ten years preceding the application, including the nature of the offense and the place and date of the conviction or plea, provided that the applicant shall not inquire about or acquire information in violation of Police Code Article 49;
(6) If the applicant does not own the building, structure or space where the parking garage or parking lot for which the applicant seeks a commercial parking permit operates or will operate, the name, business address and contact information of the owner, and documentation demonstrating the nature of the applicant's interest in the building, structure or space;
(7) A copy of a current and valid business registration certificate that the Office of the Treasurer and Tax Collector has issued to the applicant under Business and Tax Regulations Code Section 853. The name on the business registration certificate must match the name of the applicant on the application for the commercial parking permit;
(8) A copy of a current and valid certificate of authority for the parking garage or parking lot for which the applicant seeks a commercial parking permit that the Office of the Treasurer and Tax Collector has issued to the applicant under Business and Tax Regulations Code Section 6.6-1, or documentation demonstrating that the applicant has applied to the Office of the Treasurer and Tax Collector for a certificate of authority for the parking garage or parking lot for which the applicant seeks a commercial parking permit and has obtained the bond required for that certificate. The name on the certificate of authority or on the application for a certificate of authority and bond must match the name of the applicant on the application for the commercial parking permit;
(9) A copy of plans for the parking garage or parking lot for which the applicant seeks a commercial parking permit. The plans must include the name and business address of the applicant; the address of the parking garage or parking lot; the name and business address of the owner of the building, the structure or space where the garage or lot is located, if the applicant is not the owner; all pedestrian and vehicular entrances and exits to the garage or lot; the dimensions and types of construction of all structures, fences, or other improvements; any electric vehicle charging infrastructure required by Chapter 30 of the Environment Code; and any features that may affect street traffic;
(10) The total motor vehicle capacity of the parking garage or parking lot for which the applicant seeks a permit, including the number of designed spaces and the motor vehicle capacity of all undesignated areas the applicant could use for overflow parking;
(11) Certificates of insurance and endorsements evidencing insurance in the amounts and coverages the Chief of Police sets under Section 1215.4(b);
(12) A list of all employees or other individuals working at the parking garage or parking lot, or whom the applicant proposes for employment or work at the parking garage or parking lot including for each individual the hours and duties of employment and the how long the individual has been employed by the applicant;1
(13) A declaration signed by the applicant under penalty of perjury certifying that the applicant has verified that in the preceding ten years, none of the employees or other individuals has been convicted of or pled guilty or no contest to a covered crime, provided that the applicant shall not inquire about or acquire information in violation of Police Code Article 49; or for any employee or other individual who the applicant knows has been convicted of or pled guilty or no contest to a covered crime in the preceding ten years, written authorization from the Chief of Police under Section 1215.6(b) allowing the employee or individual to work at the parking garage or parking lot;
(14) A list of the residential zip codes of all employees or other individuals working at the parking garage or parking lot, or whom the applicant proposes for employment or work at the parking garage or parking lot, along with the number of individuals that live in each zip code. This list shall not identify which individuals reside in which zip codes. For purposes of this subsection, the term "residential zip code" shall mean the zip code where the individual primarily resides;
(15) The total number of males and the total number of females working at the parking garage or parking lot, or whom the applicant proposes for employment or work at the parking garage or parking lot;
(16) The proposed design of the identification badge for employees or other individuals working at the parking garage or parking lot for which the applicant seeks a permit;
(17) A security plan for the parking garage or parking lot. The security plan must specify the hours of operation for the parking garage or parking lot and meet the requirements set in Section 1215.2(c). The security plan shall include a certification from the applicant that the applicant shall operate the parking garage or parking lot in compliance with the security plan for the duration of any commercial parking permit issued by the Chief of Police;
(18) A statement as to whether the parking garage or parking lot must comply with Chapter 30 of the Environment Code, and if so, a description of how the parking garage or parking lot will comply with that Chapter;
(19) The name and address of the person authorized to accept service of process for the applicant; and
(20) Any other information that the Chief of Police finds reasonably necessary to investigate the application.
(b) Fees. The applicant shall submit any filing fee with the application, as well as any fees for inspections or services provided by other City departments in investigating the application.
CODIFICATION NOTE
(a) Complete Application. The Chief of Police may not accept an application for filing until it is complete. An application is not complete until the Chief of Police determines that it includes all information and documentation that Section 1215.1(a) requires. After determining that an application includes all required information and documentation, the Chief of Police shall accept the application for filing.
(b) Investigation of Application. Once the Chief of Police accepts an application for filing, the Chief of Police shall conduct an appropriate investigation of the application. As part of the investigation, the Chief of Police shall make any necessary referrals to other City departments, including referrals to the Planning Department, Fire Department, Department of the Environment, and Department of Building Inspection for their determination of compliance with zoning, building, fire, and safety requirements. The Chief of Police may refer the application to the Municipal Transportation Authority for review of traffic impacts. The Chief of Police shall conduct a criminal history background check on the persons listed in Sections 1215.1(a)(2) through (4).
(c) Security Plan.
(1) The Chief of Police shall review the applicant's security plan to ensure that the plan meets the minimum requirements set in Subsection (c)(2) below and any additional requirements set by the Chief of Police in rules promulgated under Section 1215.4(a), and is reasonably calculated to protect individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot. The Chief's evaluation of the security plan shall consider all relevant factors including, but not limited to, the parking garage's or parking lot's location, size, hours of operation, proximity to an Entertainment Establishment, and history of incidents resulting in Police Department response in the two years before the date of the application. The Chief of Police may approve a security plan, or may specify alternate or additional security measures required for approval of the security plan. The Chief of Police shall disapprove any security plan that the Chief determines does not adequately address the safety of individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot, notwithstanding the compliance of the proposed security plan with the minimum requirements of Subsection (c)(2) below. The Chief of Police shall not issue a commercial parking permit for any parking garage or parking lot unless the Chief approves the security plan for that parking garage or parking lot. The Chief of Police may waive or alter the minimum requirements listed Subsection (c)(2) below if the Chief determines that the parking garage or parking lot has no history of criminal, nuisance, or public safety incidents in the previous two years. If, after the Chief grants a waiver or alteration of the minimum requirements listed in subsection (c)(2) below, a criminal, nuisance or public safety incident occurs, the Chief may revoke that waiver or alteration of the minimum requirements.
(2) The security plan shall meet the following minimum requirements:
(A) If any pedestrian or vehicular entrance or exit to the parking garage or parking lot is within 1000 feet of any entrance or exit to an Entertainment Establishment, provide for an attendant, security guard or other individual retained by the permittee to remain on site for any operating hours between 7:00 p.m. and 3:00 a.m. An attendant, security guard or other individual is not required on site if all vehicular entrances and exits to the parking garage or parking lot are closed and secured so that vehicles may not enter or exit the garage or lot. The phrase "1000 feet" in this Subsection (c)(2)(A) shall mean 1000 feet in all directions, including across a street, from any pedestrian or vehicular entrance or exit to the parking garage or parking lot;
(B) Provide for measures to ensure that when the parking garage or parking lot is not open for business, the vehicular entrances and exits are closed and secured so that vehicles may not enter or exit the garage or lot; and
(C) Identify the number, type, and location of all light sources located on the premises including lighting located within pedestrian stairwells and entrances and provide for at least the minimum lighting specified in Fire Code Section .
(3) The security plan may include additional measures to protect the safety of individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot, including, but not limited to, additional personnel, additional lighting, security cameras, emergency call boxes or phones, mirrors, barriers, and other physical improvements, or plans to close and secure one or more pedestrian or vehicular entrances or exits to the parking garage or parking lot for certain hours of operation.
(4) If the parking garage or parking lot leases spaces to either a certified car-share organization as defined by Planning Code Section 166(b)(2) or to patrons who rent spaces on a long-term basis, the security plan must describe how those patrons will retain access during hours when the parking garage or parking lot is not open for business.
(5) The authority of the Chief of Police to review and approve security plans for parking garages and parking lots does not restrict in any way the authority of the Entertainment Commission to place security requirements on any business with a Place of Entertainment or Extended Hours Premises permit.
(d) Action on Application. The Chief of Police shall hear and decide the application within a reasonable time after accepting the application for filing. In deciding the application, the Chief of Police may exercise sound discretion as to whether the permit should be granted or denied. The Chief of Police may consider the following:
(1) Whether the parking garage or parking lot complies with applicable zoning, building, fire and safety requirements of the laws of the State of California and the City and County of San Francisco;
(2) Any traffic impacts of the parking garage or parking lot;
(3) Whether in the preceding ten years, the applicant or any person listed in Sections 1215.1(a)(2) through (4) has been convicted of or plead guilty or no contest to a covered crime, or has committed a covered crime. A conviction, plea or commission of a covered crime is not an automatic bar to granting the permit. The Chief of Police shall consider criminal history on a case-by-case basis with due consideration given to the following factors:
(a) the nature and gravity of the offense;
(b) the time elapsed since the offense;
(c) age at the time of the offense;
(d) frequency of covered criminal offenses;
(e) evidence of rehabilitation; and
(f) any other mitigating circumstances;
(4) Whether in the preceding ten years, the applicant or any person listed in Sections 1215.1(a)(2) through (4) has engaged in or committed any fraudulent or misleading business practices;
(5) Whether the security plan, if necessary, meets the minimum requirements in Subsection (2)(c) above and any other requirement imposed by the Chief pursuant to 1215.2(c)(1), and is reasonably calculated to protect individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot;
(6) Whether the application contains intentionally false or misrepresented information; and
(7) Whether granting the permit is consistent with the public interest, health, safety, and welfare; and
(8) Whether the parking garage or parking lot complies with Chapter 30 of the Environment Code concerning electric vehicle charging equipment.
(e) Reporting. The Chief will make an annual report to the Entertainment Commission giving information regarding permits granted where the Chief of Police has waived or altered the minimum requirements listed in Subsection (c)(2) above.
(a) Discretionary Revocation or Suspension. The Chief of Police may revoke or suspend a commercial parking permit if, after a hearing on the matter, the Chief finds that:
(1) Grounds exist that would have constituted a basis to deny the permit application;
(2) The permittee has failed to operate the parking garage or parking lot in compliance with the security plan approved by the Chief of Police;
(3) The permittee, or any employee or agent of the permittee, has created, caused, or contributed to the creation or maintenance of a public nuisance in the operation of the parking garage or parking lot;
(5) The permittee, or any employee or agent of the permittee, has operated the parking garage or parking lot in a manner contrary to the public interest, health, safety or welfare.
(b) Mandatory Revocation or Suspension. The Chief of Police shall revoke or suspend a commercial parking permit, after a hearing on the matter, promptly upon receiving notice from:
(1) The Office of the Treasurer and Tax Collector that it has revoked a permittee’s business registration certificate or certificate of authority, or has determined that the permittee, or any person listed in Sections 1215.1(a)(2) through (4), is not in compliance with the Business and Tax Regulations Code. If the Chief of Police suspends the permit, the Chief of Police shall continue the permit suspension until the Office of the Treasurer and Tax Collector notifies the Chief of Police that the Chief may end the suspension; or
(2) The Department of the Environment that the permittee has failed to comply with Chapter 30 of the Environment Code concerning the installation of electric vehicle charging equipment. If the Chief of Police suspends the permit, the Chief of Police shall continue the permit suspension until the Department of the Environment provides notice that the permittee complies with Chapter 30 of the Environment Code.
(c) Notice. The Chief of Police shall serve written notice of a revocation or suspension hearing on the permittee at the business address listed in the permit application, no fewer than 10 days before the hearing. The notice shall include the time and place of the hearing and a brief statement of the reasons for the proposed revocation or suspension.
(d) Appeal. Notwithstanding Section 8(i)(5) of the Business and Tax Regulations Code, the filing of an appeal with the Board of Appeals from a decision of the Chief of Police to revoke or suspend a commercial parking permit shall not effect a suspension of the Chief of Police's action.
(e) Board of Appeal. On any appeal from a decision of the Chief of Police to revoke or suspend a commercial parking permit under Section 1215.3(b), consistent with the vital City policy regarding advance payment of disputed taxes and the exclusive remedies and procedures available to resolve tax disputes under Article 6 of the Business and Tax Regulations Code, the Board of Appeal shall have no jurisdiction to review any determination of the Office of the Treasurer and Tax Collector that the applicant, or any person listed in Sections 1215.1(a)(2) through (4), is not in compliance with the Business and Tax Regulations Code. Nor shall the Board of Appeal have jurisdiction to review a decision of the Office of the Treasurer and Tax Collector to revoke a permittee's business registration certificate or certificate of authority.
(f) Three-Year Ban. If the Chief of Police revokes a commercial parking permit, the permittee, and any person listed in Sections 1215.1(a)(2) through (4), may not apply for a commercial parking permit for three years from the date the Chief of Police revokes the permit.
(a) Rules. After a noticed hearing, the Chief of Police may promulgate rules to effectuate the purposes of Sections 1215 through 1215.6 or to facilitate the permit process. The Chief may promulgate rules that set additional requirements for security plans under this Subsection (a), but only after consultation with the Entertainment Commission Executive Director.
(b) Insurance Requirements. In consultation with the City Risk Manager, the Chief of Police shall determine the insurance coverages and amounts necessary to protect members of the public using parking garages and parking lots, and the City and County of San Francisco and its officers, agents and employees, against injuries, damages, claims or liabilities arising from or related to the permit or to a permittee's operation of a parking garage or parking lot. The insurance shall include, at a minimum,
(1) workers' compensation, with employer's liability limits not less than $1,000,000 each accident, but only if the permittee has employees as defined by the California Labor Code,
(2) comprehensive general liability insurance with limits not less than $1,000,000 each occurrence,
(3) comprehensive automobile liability insurance with limits not less than $1,000,000 each occurrence, and
(4) garagekeeper's legal liability insurance with limits set based on the motor vehicle capacity of the parking garage or parking lot.
The Chief of Police shall post the current insurance requirements at the location where applicants submit permit applications and on the Police Department website. In consultation with the City Risk Manager, the Chief of Police may review and revise the insurance requirements set under this Section.
(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)
(a) Insurance. Throughout the term of any commercial parking permit, a permittee shall maintain in force insurance in the coverages and amounts that the Chief of Police sets under Section 1215.4(b).
(b) Posting. A permittee shall post a copy of the commercial parking permit at the permitted parking garage or parking lot, in a conspicuous place visible to the public.
(c) Name and Other Changes. Within 10 days of any change in the name of a permittee, or any change in any partner or officer of a permittee, in the ownership of 10 percent or larger of a permittee, or in the individual whom a permittee has authorized to manage, direct or control the operations of the permitted parking garage or parking lot, a permittee shall provide written notice to the Police Department specifying the change.
(d) Change in Ownership. If during the term of a commercial parking permit a permittee's ownership changes by 25 percent or larger, the permittee's commercial parking permit shall immediately terminate by operation of law. The permittee shall apply for a new commercial parking permit for each parking garage or parking lot the permittee operates, and shall pay any required fees. A permittee may apply for a new commercial parking permit in advance of an ownership change of 25 percent or greater, to preserve continuity of operations at the parking garages and parking lots the permittee operates.
(e) Records. A permittee shall maintain records regarding operations of the parking garage or parking lot for which the Chief of Police issued the commercial parking permit at the business address specified in the permit application, and shall make those records available for inspection and copying during business hours on demand of any peace officer.
(Added by Ord. 219-10, File No. 100639, App. 8/12/2010)
(a) List of Employees. A permittee shall maintain a continuously updated list of the names, residence addresses and current driver's license numbers of all employees or other individuals working at the parking garage or parking lot for which the Chief of Police issued a commercial parking permit. A permittee shall maintain the list at the business address listed on the permit application, and shall make the list available for inspection and copying during business hours on demand of any peace officer.
(b) Criminal History. Except with the prior written authorization of the Chief of Police, a permittee shall not allow any employee or other individual to work at a permitted parking garage or parking lot if, in the preceding ten years, the employee or individual has been convicted of or has plead guilty or no contest to any covered crime. The Chief of Police shall evaluate on a case-by-case basis any request for authorization for an employee or other individual who has been convicted of or has plead guilty or no contest to any covered crime in the preceding ten years to work at the permitted parking garage or parking lot. In determining a request for authorization, the Chief of Police shall give due consideration to the factors in Section 1215.2(c)(3). The term of any written authorization of the Chief of Police may not exceed two years.
(c) Identification Badge. Every employee or other individual who works at a parking garage or parking lot shall wear conspicuously upon his or her person an identification badge that the permittee provides, of a type and design that the Chief of Police has approved.
(Added by Ord. 219-10, File No. 100639, App. 8/12/2010)
(c) In any civil court action brought by the City Attorney to enforce Sections 1215 through 1215.6 in which the City succeeds in obtaining any order from the Court, the City shall be entitled to recover from any and all applicable Persons all of its costs of investigation, enforcement, abatement, and litigation.
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