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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)