Loading...
No owner or operator of a business establishment shall occupy any portion of a public sidewalk, court, alley or street with tables and chairs without first obtaining a café tables and chairs permit in accordance with the provisions of this Article. Any business owner or operator occupying any portion of a public sidewalk, court, alley or street with café tables and chairs without a permit as required by this Article shall be subject to fines and penalties as provided in Sections 176.8 and 176.9 of this Article.
(Added by Ord. 236-93, App. 7/16/93)
The Director of Public Works or his or her designated representative is hereby authorized and empowered to issue café tables and chairs permits, revocable at will, to owners or operators of business establishments for the placement of café tables and chairs in the public sidewalk, court, alley or street adjacent to said business establishments, according to the procedures set forth in this Article.
The Director of Public Works shall approve and adopt guidelines for the design and placement of permitted café tables and chairs.
(Added by Ord. 263-93, App. 7/16/93)
Every owner or operator of a business establishment desiring to place café tables and chairs in a public sidewalk, court, alley or street shall first submit an application for a café tables and chairs permit to the Department of Public Works. Each such application shall state the name of the applicant, the name and address of the establishment, the proposed area to be occupied by the tables and chairs and the hours and days that the area is to be so occupied, and shall be accompanied by a fully dimensioned space-use plan showing the locations, number and arrangement of tables and chairs, the size of café tables and chairs to be used, the proposed size and locations of the pedestrian diverters planned to demarcate the occupied area, the location of the entrance to the establishment, the locations of fire exits or fire escapes, and the nature and location of any existing sidewalk obstructions.
(Added by Ord. 236-93, App. 7/16/93)
Following the filing of the application for a café tables and chairs permit, the permit applicant shall post a Notice of Intent to Place Café Tables and Chairs on the business premises according to the requirements set forth in this Section.
Contents to Notice. The form for Notice of Intent to Place Café Tables and Chairs shall be provided to each applicant by the Department of Public Works. Said notice shall include a description of the proposed café tables and chairs and the procedure for obtaining any additional information and for filing any protest or opposition to the proposed café tables and chairs.
Posting of Notice. The Notice of Intent to Place Café Tables and Chairs shall be posted in a conspicuous location in a window or other readily visible location of the frontage of the applicant's business establishment for 10 calendar days. The notice shall be protected from the weather as necessary and shall be clearly visible from the public sidewalk, court, alley or street and not obstructed by awnings, landscaping or other impediments.
(Added by Ord. 236-93, App. 7/16/93)
If after 10 calendar days following posting of the Notice of Intent to Place Café Tables and Chairs, the Department of Public Works has received no protest or opposition to the proposed café tables and chairs and the proposed design and location of the café tables and chairs, as described in the application, conforms to the guidelines set forth by the Director of Public Works, or if applicant receives a variance to the guidelines, the Director of Public Works shall issue a café tables and chairs permit to the applicant.
No permit issued under the provisions of this Section 176.4 shall become effective until the permit applicant has signed the permit and has delivered to the Department of Public Works proof of insurance to the limits required by Section 176.5 of this Article 5.2 and has paid a street/sidewalk occupancy fee which shall be calculated for permits commencing on or before March 31, 2026 by applying a rate of $3 per seat per month, but which shall be no less than $100 annually nor shall said fee exceed a maximum of $360 annually. For permits commencing on or after April 1, 2026, no street/sidewalk occupancy fee shall be due.
If the application submitted does not meet the guidelines established by the Director of Public Works for approved café tables and chairs, the applicant may apply for special review and approval of the proposed café tables and chairs permit. The Department of Public Works shall then submit the application to the Interdepartmental Staff Committee on Traffic and Transportation (ISCOTT) for special review.
(Added by Ord. 236-93, App. 7/16/93; amended by Ord. 279-24, File No. 240926, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/1/2025)
The issuance of permits by the Director of Public Works and the maintenance of tables and chairs in front of business establishments by the permittees shall be subject to the guidelines set forth by the Director of Public Works and following conditions and restrictions:
(1) Neither the City or County nor any of its officers, agents or employees shall be liable for any damages, claims or liability resulting to persons or property arising from the permittee's operation of the café tables and chairs;
(2) Each permittee shall, at his or her own expense, maintain in full force and effect an insurance policy or policies issued by an insurance company or companies satisfactory to the City's Controller and Risk Manager and written by an insurance company or companies having a policyholders surplus of at least $20,000,000. Said policy or policies shall afford liability insurance covering all operations, including but not limited to premises, products, personal injuries and automobiles and injury to property for single limit of not less than $1,000,000 applying to bodily injuries, personal injuries and property damage or a combination of such injuries. Said policy or policies shall include the City and County of San Francisco and its officers and employees jointly and severally as additional insureds and shall apply as primary insurance and shall stipulate that no other insurance effected by the City and County of San Francisco will be called on to contribute to a loss covered hereunder. Said policy or policies shall provide 30 days' notice to Controller, City and County of San Francisco, Room 109, City Hall, if the policy or policies should be canceled or materially changed;
(3) An assignment or sale of a permit issued under this Article is prohibited.
(Added by Ord. 236-93, App. 7/16/93)
Permission to encroach upon a portion of a public sidewalk or roadway with café tables and chairs granted under this Article shall not constitute a deed or grant of an easement by the City and County and shall be subject to the suspension or revocation by the Director of Public Works when the permittee violates any of the restrictions and conditions set forth in Section 176.5 of this Article, or any rule or regulation of the Director of the Department of Public Works adopted in pursuance of the provisions of this Article. Said permission shall be automatically terminated upon the termination of the insurance stipulated under Section 176.5 of this Article.
(Added by Ord. 236-93, App. 7/16/93)
In addition to the Director of the Department of Public Works, the Director of the Department of Public Health may determine when a permittee violates any of the restrictions and conditions set forth in Section 176.5 of this Article, or any rule or regulation of the Director of the Department of Public Works adopted in pursuance of the provisions of this Article. When the Director of the Department of Public Health makes such a determination, he or she shall forward such determination to the Department of Public Works for appropriate action.
(Added by Ord. 160-98, App. 5/15/98)
Any person or persons who deem their interests or property or that of the general public will be adversely affected by the occupancy of a public sidewalk, court, alley or street with café tables and chairs for which permission has been applied for under the provisions of this Article, may protest the issuance of said café tables and chairs permit by writing to the Director of Public Works within 10 calendar days from the date of posting of the Notice of Intent to Place Café Tables and Chairs as required under Section 176.3 of this Article. Upon receipt of any such written protest, the Director of Public Works will schedule a public hearing to hear all protests or oppositions to the issuance of the café tables and chairs permit.
Upon denial of a permit by the Director of Public Works, an applicant may, within 15 calendar days following notification of such denial, file a notice of appeal to the Board of Permit Appeals, who shall then hear all appeals concerning the application for permit.
(Added by Ord. 236-93, App. 7/16/93)
Loading...