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)
(a) Every person desiring a Mobile Food Facility permit pursuant to this Article 5.8 shall file an application with the Director upon a form provided by the Director and shall pay a filing fee of $125, a notification fee of $200, and an inspection fee of $383 for a single Location for the Mobile Food Facility. Each additional Location shall require payment to the Department of a notification fee of $200 per Location, an inspection fee of $383 for the first additional Location and an inspection fee of $191.50 per each additional Location. Separate fees shall be paid to the Department of Health and the Fire Marshal for the annual approvals required by each department for a valid permit under this Article. The fees for the Department of Public Health are set forth in the Business and Tax Regulations Code.
(b) Half of the required fees for a single Location and half of the fees for any additional Location(s) shall be paid at the time of application submission and the remainder of the total fee amount shall be paid at the time of the Director's decision on the permit. No refunds are available if the Department disapproves a permit or a Permit Location.
(c) Every Permittee desiring to change the Location of the Mobile Food Facility, modify the hours of operation to allow service after 8 p.m., or add a new Location(s) during the term of the annual permit, shall file an application with the Director upon a form provided by the Director and shall pay a filing fee of $85.00 for each Location change or addition of a new Location(s), a notification fee of $200.00 per Location, and an inspection fee of $191.50 per Location. Such requests shall be processed in the same manner as a new permit.
(d) Permit Renewal, Annual Renewal Fee, Permit Expiration.
(1) The permit renewal date (“Renewal Date”) shall be the date that the Director issues the decision to renew the permit or conditionally renew the permit, and shall be the same day of the year, selected by the Director, for all Mobile Food Facility permits.
(2) Every Mobile Food Facility permit is subject to an annual renewal filing fee of $125 per permit. In addition, if during the course of the 12-month period preceding the Renewal Date the Department received one or more substantiated complaints against the permit Location(s) or filed one or more notices of violation against the permit, an additional processing fee of $159.50 per permit shall apply. Inspection fees shall also apply as follows: $576 each for the first two Locations for which substantiated complaints were received or notices of violation were filed and $288 per each additional Location for which substantiated complaints were received or notices of violation were filed. Notwithstanding the foregoing, for fees due under this subsection (d)(2) on or after March 31, 2026, the amount of the fee shall be $0.
(3) Pursuant to Section 76.1 of Article 2 of the Business and Tax Regulations Code, the fees in subsection (d)(2), above, shall be due and payable annually on or before March 31, for the 12-month period commencing with the most recent Renewal Date prior to March 31. The March 31 due date shall apply to the most recent Renewal Date prior to March 31, 2022, and to all Renewal Dates thereafter. If a permittee ceases operating the Mobile Food Facility between the Renewal Date and the next March 31, such permittee shall still owe the fees due on that March 31 for the entire 12-month period commencing with the most recent Renewal Date prior to March 31, and shall not be entitled to any refund or proration. Separate annual fees shall be paid to the Department of Public Health and the Fire Marshal for the approvals required by each department for a valid renewal permit under this Article 5.8. The annual renewal fees for the Department of Public Health are set forth in the Business and Tax Regulations Code.
(4) Any Mobile Food Facility permit that the Director renews is not operative unless and until the Mobile Food Facility Vendor has obtained an annual renewal of their Certificate of Sanitation from the Department of Public Health and approval from the Fire Marshal.
(5) Permits are renewed annually so long as the Mobile Food Facility remains in compliance with this Article 5.8, including payment of all fees due to the City. Annual renewal of a permit does not constitute issuance of a new permit and does not require notice under Section 184.88. Notwithstanding the above, if, as part of a permit renewal, the permittee is changing the Location that the Mobile Food Facility serves, adding a new Location(s), changing the hours of operation to serve a Location later than 8 p.m.; or making other changes to the Mobile Food Facility that the Director determines require public notice, the Department shall treat such changes as the equivalent of a new permit and require the applicant to satisfy the requirements associated with applying for and obtaining a new permit.
(6) Permit Expiration. A permit shall be deemed to expire seven years from the anniversary of the first Renewal Date as long as the permittee remains in compliance with this Article 5.8 during that term. If the permittee elects to pursue a new permit six months prior to such expiration, the existing permittee may apply for a new permit under the same terms as the existing permit and shall be given priority over any other applicants. The only required notice under this Subsection (d)(6) shall be an electronic notice issued by the Department to any individual(s) or organization(s) that have requested such notification by the Department, except that any permittees who have received three or more Notice of Violations by the Department in a period of 24 months prior to their permit expiration shall be required to satisfy all noticing requirements of Section 184.88 of this Article. Any new permit issued in accordance with the terms of this Subsection shall be subject to all applicable provisions of this Article. Subject to Section 184.88, if a protest is filed to request a Departmental administrative hearing on the new permit, the permittee may continue to operate under the provisions of the old permit until a decision is rendered by the Director of Public Works on the new permit.
(7) If an existing permittee seeks a new permit for the same Location in accordance with the terms of Subsection (d)(6), but that Location no longer satisfies the requirements of Section 184.85, the Director, under such circumstances, shall strive to authorize a temporary or permanent relocation of the Mobile Food Facility to a comparable Location that meets the requirements of Section 184.85. Any such authorization shall be in writing and available at the Mobile Food Facility prior to issuance of a new permit. Notice related to the proposed temporary or permanent relocation of the Mobile Food Facility shall be subject to all applicable noticing requirements set forth in Subsection (d)(6).
(8) If a permittee for a Mobile Food Facility has a valid permit for a specific Location dated on or before July 1, 2013, said permittee is exempt from Subsection (d)(6) as long as the permittee complies with all other applicable terms of this Article 5.8. As part of any permit issuance, renewal, or transfer pursuant to this Article, the Department shall include reference to the original granting date of the Mobile Food Facility permit.
(e) The fees set forth in this Section are subject to the fee review and adjustment procedures of Section 2.1.2.
(f) Each Mobile Food Facility shall require a separate permit pursuant to this Article. Each permit issued pursuant to this Article shall be valid for only those Locations and hours of operation that the Department approves as set forth in this Article.
(g) Notwithstanding Subsection (f), the Director may issue a single permit or permits to an assigned Location(s) for multiple Mobile Food Facilities. The fees for such permit shall be the filing, notification, and inspection fees for a single Location. Under such circumstances, Director also may charge additional permit fees as set forth in Section 2.1.3. All Mobile Food Facilities operating under a single Location permit shall comply with all other provisions of this Article.
(h) The Board of Supervisors reserves the right to charge a public right-of-way assessment fee for occupation of the right-of-way by a Mobile Food Facility.
Except as otherwise provided herein, an application for a Mobile Food Facility permit pursuant to the provisions of this Article shall specify or include:
(a) The name, business and residence address of the applicant and the address where the mobile catering vehicle is stored during nonoperating hours. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation; the names and residence addresses of each of the officers, directors and each stockholder owning more than 10 percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Section pertaining to a corporate applicant apply. A natural person shall not acquire a stock interest in more than one corporate permittee.
(b) A description of the Mobile Catering Vehicle, including the following data: The make, model and type of body; the number of cylinders; the vehicle identification number or any other identifying number as may be required by the Director.
(1) If this information is not known at the time of permit application, this requirement can be satisfied as a condition of obtaining a final and effective permit.
(c) Whether or not the applicant intends to operate a Mobile Food Facility under a fictitious name.
(d) Such information pertinent to the operation of the proposed activity, including information as to management and authority control, as the Director, Director of Health, or Fire Marshal may require of an applicant in addition to the other requirements of this Section.
(e) The address to which notice, when required, is to be sent or mailed, and the name and address of a person authorized to accept service or process, if not otherwise set forth herein.
(f) A photograph of the permit applicant.
(g) Whether the application is for a new permit, renewal of an existing permit, a change to the Location that the Mobile Food Facility serves, a change in hours of operation, or the addition of a Location(s).
(h) A description of the food product, products, and/or drink the applicant intends to sell though no permittee shall be bound by or limited to this description.
(i) The specific Location(s) of the activity, including a detailed description of where the applicant intends to place his or her Mobile Food Facility.
(j) The proposed hours of operation and days of operation for each Location that the Mobile Food Facility proposes to serve. The application should specify no more than three (3) 24-hour cycles (or portions thereof) and associated days for each Location over the course of one (1) week as part of the application in accordance with the requirements of Section 184.85(b)(6). The applicant also may propose alternate cycles and/or days if the preferred time periods are denied or not otherwise available. The specified time(s) and Location(s) shall repeat each week during the term of the permit.
(Added by Ord. 298-10, File No. 101352, App. 12/3/2010; amended by Ord. 119-13, File No. 120193, App. 6/28/2013, Eff. 7/28/2013)
The provisions of Sections 184.84 relating to requirements for corporate applicants shall not apply to any of the following:
(1) A corporation, the stock of which is listed on a stock exchange in the State of California or in the City of New York, State of New York.
(2) A bank, trust company, financial institution or title company to which application is made or to whom a license is issued in a fiduciary capacity.
(3) A corporation which is required by law to file periodic reports with the Securities and Exchange Commission.
(Added by Ord. 298-10, File No. 101352, App. 12/3/2010)
(a) Every person desiring a permit pursuant to this Article shall conform to the requirements set forth in this Section 184.85 and any regulations and rules that the Director adopts pursuant to this Article.
(b) The Director may issue a Mobile Food Facility permit only when the Director finds that the following location and time requirements are met:
(1) The Location shall:
(A) Leave unobstructed path for pedestrian passage on any sidewalk a space not less than 6 feet wide.
(B) Satisfy all other locational requirements of the Department.
(2) No Mobile Food Facility or Mobile Food Facility Vendor shall peddle food or drink between the hours of 3:00 a.m. and 6:00 a.m., unless the Director has approved such sales after consulting with the Planning Department and the Chief of Police.
(3) Notwithstanding any other provision of this Code, no Mobile Food Facility or Mobile Food Facility Vendor shall peddle food or drink:
(A) In any residential ("R") district other than a residential-commercial combined ("RC") district as defined in the Planning Code.
(B) In the "P" districts, as defined in Section 234 of the Planning Code, that are located on Twin Peaks or in any areas in or adjacent to Open Space Districts located on Twin Peaks.
(C) On the sidewalk or street immediately adjacent to property under the jurisdiction of the Recreation and Park Commission other than the areas specified above in Subsection (B) unless written consent is obtained from the General Manager of the Recreation and Park Department.
(D) On the north side of Jefferson Street between Jones and Taylor.
(E) Within 500 feet of the property line of any public middle school or junior high school between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday.
(F) Within 1,000 feet of the property line of any public high school between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday except that this distance shall be within 750 feet for the following public schools:
(i) John O'Connell (Assessor's Block 3593, Lot 04)
(ii) Mission High School (Assessor's Block 3579, Lot 006)
(iii) Hilltop High School (Assessor's Block 4273, Lot 008)
(iv) Galileo High School (Assessor's Block 0475, Lot 001)
(v) International Studies Academy (Assessor's Block 4032, Lot 001)
(vi) Principal's Center (Assessor's Block 1761, Lot 040)
(vii) Civic Center High School (Assessor's Block 0768, Lot 015).
(4) Notwithstanding any other provision of this Code, no Mobile Caterer, shall peddle food or drink within a 75-foot radius of any restaurant as measured from the centerline of the primary entrance to the restaurant subject to the following:
(A) The restaurant shall be operational at the time the Mobile Food Facility applies for a permit for the particular Location.
(B) For purposes of this Subsection, restaurant is defined under Health Code Section 451 and includes only the following food preparation and service establishment permit types: (i) fast food establishment, (ii) restaurant less than 1,000 square feet, (iii) restaurant between 1,000 and 2,000 square feet, and (iv) restaurant greater than 2,000 square feet. Restaurant also includes a take-out establishment as defined in Health Code Section 451.
(C) Notwithstanding Subsection (B) above, if the restaurant provides any food product and marketing uses as defined in Health Code Section 440, then it shall not constitute a restaurant for purposes of this Subsection.
(D) Notwithstanding this Subsection (4), its terms shall not apply to any Mobile Caterer that would be located in the prohibited area at any time between the hours of 10 p.m. and 6 a.m. the following day.
(5) The prohibition set forth in Subsection (4) above shall apply only if a restaurant has direct street access to its primary entrance.
(6) Notwithstanding this Subsection (4), if the active street-facing façade of a restaurant extends beyond 75 feet from its primary entrance, no Mobile Caterer shall operate along the curb directly fronting any active street-facing façade. Under no circumstances shall a Mobile Caterer be parked within 50 feet of the active street-facing façade of such a restaurant.
(7) Mobile Food Facilities shall be limited to serving one Location no more than three (3) days per week. Such days shall be measured in 24-hour cycles so that they could begin on one day and extend to the following day so long as the subject cycle does not constitute more than 24 consecutive hours at a single Location.
(8) The Mobile Food Facility shall comply with all color curb controls.
(9) The Mobile Food Facility shall occupy no more than the equivalent of two (2) parking spaces.
(10) A Mobile Food Facility shall be permitted to sell any food and/or drink item that the Vendor elects to sell so long as the item and its preparation comply with all applicable State and local laws.
(c) Notwithstanding the locational requirements of Subsection (b)(1), if a Pushcart Peddler has a valid permit for a specific Location dated as of July 19, 1995, said Peddler is exempt from Subsection (b)(1)(B) and the Director may issue an exception to Subsection (b)(1)(A) for such Peddler as long as the permitted pedestrian passage satisfies applicable federal and State access requirements.
(d) If a Mobile Food Facility has a valid permit dated prior to July l, 2013 for a particular time and Location, said Facility is exempt from the locational requirements of Subsections (b)(4)-(6) for purposes of the specific time(s) and Location(s) identified in said permit. Any modification to such time or Location shall be subject to all the requirements of this Article.
(e) The Director, after a public hearing, may adopt such orders, policies, regulations, rules, or standard plans and specifications as he or she deems necessary in order to preserve and maintain the public health, safety, welfare, and convenience. Such orders, policies, regulations, or rules may include, but are not limited to, permit application materials, placement of and information contained on signs, site conditions, accessibility of sidewalks and streets. When such orders, policies, regulations, or rules will affect the operations and enforcement of the Municipal Transportation Agency, the Department of Public Health, or the Fire Department, the Director shall consult with and provide an opportunity to comment to the Director of the affected Department prior to adoption of such orders, policies, regulations, or rule.
(Added by Ord. 298-10, File No. 101352, App. 12/3/2010; amended by Ord. 119-13, File No. 120193, App. 6/28/2013, Eff. 7/28/2013)
(a) In no case may a single permittee obtain more than seven (7) separate Mobile Food Facility permits.
(b) If a Pushcart Peddler has seven (7) or more valid permits for specific Locations dated as of July 19, 1995, said permits shall not be counted toward the maximum permissible number of Facilities in Subsection (a).
(Added by Ord. 298-10, File No. 101352, App. 12/3/2010)
(a) If a Mobile Food Facility is operated by or otherwise an affiliate of a formula retail use as defined in Planning Code Section 303.1 that is a eating and drinking use, restaurant, or limited-restaurant, as such terms are defined in Planning Code Articles 7 and 8, the following restrictions shall apply:
(1) The Mobile Food Facility is prohibited within the boundaries of those zoning districts where formula retail is prohibited or subject to conditional use authorization as set forth in Planning Code Section 303.1.
(b) For purposes of this Section, the term "affiliate" includes, but is not limited to, an individual or entity that has the corporate name of or is owned in whole or in part by the formula retail uses described above, has a direct financial or contractual relationship with such uses, or is the franchisee of such uses.
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