Definitions. | |
Permit Required. | |
Exclusions. | |
Mobile Food Facility Application and Fee Provisions. | |
Mobile Food Facility Application Form. | |
Corporate Applicants; Exemption. | |
Regulating Mobile Food Facility Locations. | |
Mobile Food Facilities, Maximum Permissible. | |
Mobile Food Facilities from Formula Retail Uses. | |
Single Day of Operation for a Mobile Food Facility. | |
Notice of Intent; Appeal of Protest or Denial of Permit. | |
Issuance of Mobile Food Facility Permit. | |
Identification Card. | |
Mobile Food Facility – Inspection and Annual Certificate of Sanitation and Fire Marshal Approval. | |
Mobile Food Facility – Decal and Display. | |
Exhibition of Mobile Food Facility Permit and Other Identifying Information. | |
Good Neighbor Policies. | |
Transfer of Permit. | |
Suspension and Revocation of Permits. | |
Penalties. | |
Removal of Mobile Food Facilities. | |
Severability. | |
For the purpose of this Article the following words and phrases mean and include:
BART. San Francisco Bay Area Rapid Transit District.
Department. The Department of Public Works.
Director. The Director of the Department of Public Works or his or her designated representative.
Director of Health. The Director of the Public Health Department of the City and County of San Francisco or a designated representative of the Director of Health.
Location. A Mobile Food Facility location is a fixed point or defined route including an approximate duration at specific fixed points and approximate time of day at specific fixed points along the route.
Mobile Caterer. Any motorized vehicle wherein or wherefrom wrapped food, foodstuffs, products, liquids or material intended or food or drink for human consumption are sold, served, distributed, or offered for sale at retail or given away to the public.
Mobile Food Facility. Any vehicle or pushcart used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. Mobile Food Facility does not include a “Transporter” used to transport packaged food from a food facility or other approved source to the consumer. A Mobile Food Facility does not include any use that sells goods, wares, or merchandise other than food or drink intended for human consumption, or a Vendor holding a valid permit pursuant to Article 5-9,1
who sells pre-packaged food, foodstuffs, confectionary, condiment, or beverage for human consumption that is being resold in its original packaging. For purposes of this Article, a pushcart or a mobile caterer are both referred to as a Mobile Food Facility unless specifically stated otherwise.
Mobile Food Facility Vendor. Any person or entity engaged in the business of operating a Mobile Food Facility within the City and County of San Francisco.
Person. An individual or natural person.
Pushcart. Any wagon, cart, or any other food-serving device, whether stationary or movable, wherein or wherefrom any food or foodstuffs are sold, served, distributed, offered for sale at retail, or given away to the public, whether consumed at said pushcart or elsewhere.
Pushcart Peddler. Any person or entity engaged in the business of operating a pushcart within the City and County of San Francisco.
CODIFICATION NOTE
It shall be unlawful for any person, firm or corporation to engage in or carry on the business of a Mobile Food Facility, or to operate, or cause or permit to be operated any Mobile Food Facility upon any public street, sidewalk, alley, or any other public place in the City and County of San Francisco, without first having obtained a permit from the Director accompanied by approval by the Director of Health and the Fire Marshal. This Article shall apply only to Mobile Food Facilities on public right-of-way under the jurisdiction of the Department of Public Works and as defined in Public Works Code Section 2.4.4(t).
(Added by Ord. 298-10, File No. 101352, App. 12/3/2010)
(a) The provisions of this Article do not apply to those Mobile Food Facilities distributing food and/or drink for human consumption that operate wholly, and exclusively on streets, drives, alleys, squares, parks, piers, loading facilities, schools, colleges or universities under the jurisdiction of the Recreation and Park Commission of the City and County of San Francisco, the Board of Education of the City and County of San Francisco, or the San Francisco Port Commission and are authorized by said Commissions or Board to maintain stopping places to conduct sales of food and/or drink for human consumption at locations under the authority of said Commissions or Board.
(b) A Pushcart Peddler who applies for and receives a permit from BART for operation of a Pushcart at the 16th St. and 24th St. BART stations and the street level plazas adjacent thereto shall not be required to obtain a permit from the Director for that Location, and shall be exempt from the fee, application, and hearing procedures provided for in this Article for that Location. The Pushcart Peddler, however, shall be subject to the provisions set forth in Sections 184.91, 184.92, and 184.94.
(c) When an application for a permit to operate a Pushcart is filed with BART, BART shall inform the Director of Health so that the Director of Health may make an investigation into the applicant's proposed Mobile Food Facility. In order to operate the Pushcart, the Peddler shall first obtain an annual Certificate of Sanitation from the Director of Health and pay Department of Public Health fees as set forth in Section 184.83.
(Added by Ord. 298-10, File No. 101352, App. 12/3/2010)
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