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(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)