Authority to Issue Permits. | |
Application for Permits; Notice of Intent to Display Merchandise. | |
Investigation and Inspection – Rules and Regulations. | |
Permit: Application, Public Hearing, Fees, Term, Display of Permit. | |
Conditions and Restrictions. | |
Penalties; Investigation Fees: Display Stands without or in Violation of a Valid Permit; Appeals. | |
Appeal of Director's Decision. | |
Removal of Display Stands. | |
(a) The Director of Public Works is hereby authorized and empowered to issue revocable permits for the placement of display stands used for the purpose of displaying fruits, vegetables, living plants, cut flowers and nonfood merchandise in any area in public sidewalk areas contiguous to business establishments in locations wherein retail commercial activity is permitted under the Planning Code except for those areas designated C-3 pursuant to Section 210.3 of the Planning Code.
(b) In determining the issuance of permits pursuant to Subsection (a) above, the Director of Public Works shall consider the convenience and necessity of pedestrians, property owners, occupants, tenants, or of offices, stores, or shops in the vicinity, the dimensions of the public sidewalk areas, the location of nearby fire hydrants, bus shelters and stops, newspaper racks and similar factors, and shall further consider the commercial or residential character of the neighborhood and the impact of the proposed display on adjacent residential properties. The Director of Public Works shall forward all applications for the sidewalk display of fruits and vegetables to the Department of Public Health for its review and comments prior to the issuance of permits and shall forward all applications for the sidewalk display of nonfood merchandise to the Police Department for its review and comments prior to the issuance of permits.
(Added by Ord. 523-83, App. 11/4/83; amended by Ord. 372-93, App. 11/23/93)
(a) Each application for a permit to place displays of fruits and vegetables or nonfood merchandise adjacent to a business establishment and each application to amend a permit previously issued hereunder shall state the name and address of the applicant and business nature of the establishment, a physical description of the sidewalk and of the portion of the sidewalk proposed to be occupied, the general category of items to be displayed, and a description of the display stand, including size and building materials used or to be used.
(b) The Department of Public Works shall provide a form entitled "Notice of Intent to Display Merchandise" to each applicant. It shall include the applicant's name, a brief description of the merchandise to be displayed and the proposed display stand configuration. It shall also include the following provision: "A public hearing by the Director of Public Works on the issuance of the permit will be held only if written objections are submitted to the Director of Public Works within 10 calendar days of the date the Notice of Intent to Display Merchandise was posted." The Notice of Intent shall be posted in a conspicuous location in a window or other readily visible location on the frontage of the applicant's business establishment for 10 calendar days. It shall be clearly visible from the public sidewalk, alley, or street and not obstructed by awnings, landscaping or other impediments to visibility.
(Added by Ord. 523-83, App. 11/4/83; amended by Ord. 372-93, App. 11/23/93)
The Director of Public Works or his/her designee shall make all investigations and inspections necessary to the issuance of permits and shall have the power and authority to adopt and enforce such rules and regulations necessary for the protection of the public interest.
(Added by Ord. 523-83, App. 11/4/83; amended by Ord. 372-93, App. 11/23/93)
(a) No owner or operator of a business establishment shall occupy any portion of a public sidewalk with stands for the display of fruits and vegetables or nonfood merchandise without first obtaining a permit to do so in accordance with the provisions of Section 183-1 of this Article 5.3. The permit application shall be on a form provided by the Department of Public Works, which form shall include the following provision: “The applicant hereby affirms that the applicant is not prohibited by any lease or rental agreement from locating a display on the sidewalk adjacent to applicant’s place of business.” Each application for a permit or an amendment to a permit shall be signed under penalty of perjury and must be accompanied by a check or money order in the amount of $100 payable to the Department of Public Works. In addition, a permit fee of a minimum of $4.80 for each square foot of sidewalk to be occupied by display stands authorized by the permit shall be collected from each applicant by the Department of Public Works at the time the permit is issued. For permits commencing on or after April 1, 2026, no per square foot permit fee under this Section 183-1 shall be due, but the $100 application fee shall continue to apply.
(b) No later than 21 days after the 10 calendar day display period has expired, the Director of Public Works or his/her designee shall hold a public hearing on issuance of permits for which written objections have been timely received. At least 10 days prior to the date of the hearing, notice of said hearing shall be mailed to the applicant and all persons who have submitted written objections to the Director of Public Works. In the event that written objections are submitted by standardized or duplicate forms, one person submitting such objections shall be designated by the written objection to receive notice of the public hearing. Such notice shall clearly state the date, time, place and purpose of the hearing. Upon receipt, the applicant shall post a true and correct copy of said notice in a conspicuous location in a window or other readily visible location on the frontage of the applicant's business establishment. It shall be clearly visible from the public sidewalk, alley, or street and not obstructed by awnings, landscaping or other impediments to visibility.
During such hearing or hearings, any interested person shall have an opportunity to be heard, subject to any rules of procedure adopted by the Director of Public Works.
(c) Within 15 days of the completion of the hearing or hearings, the Director of Public Works shall issue a written decision as to whether the permit shall be issued and what conditions, if any, in addition to those provided for in this Section shall be imposed. Said decision shall be mailed to the applicant.
(d) A permit issued pursuant hereto shall remain valid until revoked, until such time as the applicant no longer owns or operates said business establishment, until the time period for which the permit shall remain valid, as determined by the Director of Public Works, has expired, or until one year from the date the permit was issued, whichever occurs earlier. Said permit shall be displayed in a conspicuous location in a window or other readily visible location on the frontage of the applicant's business establishment. It shall be clearly visible from the public sidewalk, alley, or street and not obstructed by awnings, landscaping or other impediments to visibility.
(Added by Ord. 523-83, App. 11/4/83; amended by Ord. 372-93, App. 11/23/93; Ord. 279-24, File No. 240926, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/1/2025)
The issuance of permits and the maintenance of stands for display of fruits and vegetables or nonfood merchandise in front of business establishments by the permittee shall be subject to the following conditions and restrictions as well as such other conditions and restrictions as may be imposed by the Director of Public Works or his/her designee:
(a) Stands for the display of fruits and vegetables or nonfood merchandise shall be confined to an area approved by the Director of Public Works.
(b) The fruits and vegetables or nonfood merchandise displayed on the sidewalk shall be the same as displayed for sale on the premises in the business operated by the permittee.
(c) Fruits, vegetables or nonfood merchandise shall be displayed on a stand approved by the Director of Public Works or his/her designee.
(d) The display stands permitted by this Section shall be a minimum of 2½ feet and a maximum of six feet above the sidewalk, and shall extend into the sidewalk no more than 24 inches or 25 percent of the width, whichever is less, from the front of the building. All display stands shall meet the guidelines established by the Director of Public Works for compliance with the disability access standards of the Americans with Disabilities Act (ADA) and Part II of Title 24 of the California Code of Regulations.
(e) All fruits and vegetables shall be protected by an awning.
(f) All display stands shall be promptly removed from the sidewalk at the end of each business day.
(g) The permittee shall maintain the sidewalk in a clean condition at all times.
(h) The permittee shall keep the sidewalk area not occupied by the display stand free of obstructions at all times.
(i) There shall be no liability on the City or upon any of its officers, agents or employees for any damage sustained by the permittee from any cause arising out of permitted activities. Furthermore, the permittee shall agree to indemnify, defend and hold harmless the City and County, its officers and employees from any liability arising out of permitted activities.
(j) Each permittee shall, at his 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 Director of Public Works. Policy or policies shall afford liability insurance in an amount not less than $1,000,000 covering all operations, including, but not limited to, premises, products, 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, and the Director of Public Works, Room 260, City Hall, if the policy or policies should be canceled or materially changed.
(k) Any assignment or sale of a permit issued under this Article is prohibited.
(l) Sidewalk areas shall not be painted, landscaped or altered in any way without prior written approval of the Department of Public Works.
(m) A permit issued under this Article does not constitute a deed or grant of an easement by the City and is revocable at any time at the will of the Director of Public Works or the Board of Supervisors.
(Added by Ord. 523-83, 11/4/83; amended by Ord. 372-93, App. 11/23/93)
(a) Any person violating the provisions of this Section shall be guilty of an infraction. Every violation determined to be an infraction is punishable by (1) a fine not exceeding $100 for a first violation; (2) a fine not exceeding $200 for a second violation within one year; (3) a fine not exceeding $500 and revocation of the permittee's license issued pursuant to Section 183-2 of this Article for a third violation within one year.
In addition, fines may be imposed by the Department of Public Works for investigation of display stands being maintained without or in violation of a valid permit. The Director of Public Works shall establish a schedule of such fees. Payment of the fees shall be directly to the Department of Public Works.
The person responsible for payment of the fee may appeal the amount of the investigation fee to the Board of Permit Appeals, subject to its filing fees and rules.
(b) The nonpayment of such fee or fine, or the continued existence of a condition in violation of this Section, shall be grounds for the Director of Public Works to deny a permit for display stands to the responsible owner or applicant until such penalty has been paid and the condition corrected.
(Added by Ord. 523-83, App. 11/4/83; amended by Ord. 205-87, App. 6/3/87; Ord. 372-93, App. 11/23/93)
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