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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)
(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.
(a) A Mobile Food Facility that otherwise meets the all the Locational requirements other than Section 184.85(b)(3)(A), has a San Francisco Business Registration Certificate from the Office of the Treasurer and Tax Collector, has an active Certificate of Sanitation by the Department of Health and necessary approvals from the Fire Marshal, shall be eligible to obtain single day permits for a Location pursuant to the review, permit fee, and permit approval process for single day non-construction permits under Sections 724 et seq.
(Added by Ord. 298-10, File No. 101352, App. 12/3/2010)
(a) Notice of Intent; Contents of Notice. Following the filing of an application for a new Mobile Food Facility permit under this Article, change of Location of an existing permit, change in hours of operation so that service occurs after 8 p.m., or addition of a Location(s), the Department shall mail Notice of Intent to operate the proposed Mobile Food Facility business at the Location(s) identified in the application. The form for the Notice of Intent shall be provided to each applicant by the Department. Said notice shall include the Location(s) the Mobile Food Facility intends to serve, the days of the week and times for service at each Location, a description of the goods to be sold under the permit, the procedure for obtaining any additional information, and the procedure for filing any protest or opposition to the proposed permit. The applicant also shall provide the Department with a list of all required recipients of the mailed notice and stamped envelopes with the addresses of all such individuals for the purpose of providing mailed notice. Notice shall be provided as follows:
(1) If the Mobile Food Facility will operate between the hours of 6 a.m. and 8 p.m., mailed notice shall be sent to all ground floor commercial tenants and any neighborhood organization on the Planning Department list developed pursuant to Planning Code Section 311(c)(2)(C) within the area set forth in Subsection (4) below.
(2) If the Mobile Food Facility will operate at any Location between the hours of 8 p.m. and 3 a.m. the following day, mailed notice shall be provided to all property owners, residential tenants, ground floor commercial tenants, and any neighborhood organization on the Planning Department list developed pursuant to Planning Code Section 311(c)(2)(C) within the area set forth in Subsection (4) below.
(3) For each physical building address within the area set forth in Subsection (4) below, notice also shall be mailed to the attention of "Building Owner/Manager" at that address and to the address of record for the property owner, if different.
(4) (A) If the Mobile Food Facility is a Mobile Caterer, notice shall be given within a Noticed Area. For purposes of this Subsection, "Noticed Area" shall be defined as all buildings within a 75-foot radius from the outer perimeter of the proposed Location(s) to be served. For purposes of measuring this distance, a Mobile Caterer shall be assumed to occupy 20 linear feet of curbside area. The 75-foot radius shall be measured from the outer boundaries of this assumed curbside area. Notice also shall be provided to all properties across the street that directly front, in whole or in part, the Noticed Area. Notice also shall be posted on a City-owned utility pole or other City facility closest to the proposed Mobile Caterer's proposed Location for at least 10 calendar days prior to the close of the period to request a Departmental hearing. The applicant shall photograph the posted notice, including a date stamp, and submit such photograph to the Department. Such photograph shall satisfy this posting requirement.
(B) If the Mobile Food Facility is a Pushcart, notice shall be given within a 300 foot radius of the boundaries of the street address(s) in front of which the Pushcart will be located. If there is no street address, the notice shall be given within a 300 foot radius of the boundaries of the Assessor's Block(s) and Lot(s) in front of which the Pushcart will be located.
(b) Protest and Appeal of Proposed Issuance or Denial of Permit.
(1) Any person or persons who deem their interests or property or that of the general public will be adversely affected by the issuance of the Mobile Food Facility permit at its intended Location may protest the issuance of said permit by writing to the Director within 30 calendar days from the date listed on the Notice of Intent. Upon receipt of any such written protest during the term of the protest period, the Director will schedule a public hearing to hear all protests or opposition to the issuance of the permit. If there are multiple protests for a single Location or protests for multiple Locations, then the Director shall strive to consolidate all protests at a single hearing. The Director's decision to approve, approve with conditions, or disapprove a permit is appealable to the Board of Appeals within 15 days of the Director's decision.
(c) Notice of Hearing. Not less than 10 days before the date of a Departmental hearing scheduled under subsection (b) above, the Director shall cause to be published a notice of such hearing in the official newspaper of the City and County of San Francisco. The Director shall maintain a file of the names and addresses of all persons wishing to receive notice by mail of any application filed pursuant to this Article and of all persons previously notified of the proposed application: Not less than 10 days before the date of such hearing, the Director shall cause to be mailed notice of such hearing to all persons requesting to be so notified. The cost of publishing said notice and any additional mailed notice shall be borne by the Mobile Food Facility permit applicant if the cost exceeds the notification fee set forth in Section 184.83. Such notices published or mailed pursuant to this Section shall contain the following: the name and business address of the applicant, the product or products to be sold, the Location(s) of the proposed sales activity, the days and hours of operation, and whether the application is for a new permit, for a change of an existing permit, or for addition of a new Location(s).
(d) At the hearing, the Director may consider the following:
(1) Whether the applicant's proposed Location is within a 75-foot radius of a restaurant as set forth in Section 184.85(b)(4) or of any Location previously established and currently being operated by a Mobile Food Facility.
(2) Whether three (3) or more Mobile Food Facilities are currently permitted for overlapping times on either side of the street of the same block.
(3) Other information deemed relevant to the determination of whether the proposed Location would generate a public safety concern.
(4) Whether the sidewalk width at the proposed Location is less than ten (10) feet wide.
(5) Whether substantiated evidence exists to refute assertions in the application for the Mobile Food Facility.
(e) If an administrative hearing officer conducts the hearing, such officer shall make a recommendation concerning the proposed permit to the Director, who, in his or her discretion, may disapprove, approve, or conditionally approve the proposed 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)
(a) The Director may issue a Mobile Food Facility permit within 14 days if no hearing is requested pursuant to this Article, if he or she finds:
(1) That the operation, as proposed by the applicant, would comply with all applicable laws, including but not limited to, the provisions of this Article and the San Francisco Municipal Code.
(2) That the applicant has not made any false, misleading or fraudulent statements of facts in the permit application or any other document required by the Director or the Director of Health in conjunction therewith.
(b) The Director may issue a Mobile Food Facility permit within 14 days following a Departmental hearing as provided herein, based on his investigation and the investigation of the Director of Health, if he or she makes the findings specified above in Subsection (a).
(c) Any Mobile Food Facility permit that the Director issues shall be conditioned on the Mobile Food Facility Vendor obtaining a Certificate of Sanitation for the Department of Public Health and approval from the Fire Marshal. If the Certificate of Sanitation and Fire Marshal approval are not obtained within 3 months of the date the Director issues his or her permit decision, the permit shall be automatically revoked.
(d) Notwithstanding the issuance of a Permit for a specific Location(s), such Permit shall be temporarily suspended if any City Department issues a permit for occupancy of the subject Location for street fairs, farmers market, temporary use, street or building construction, or other permitted activities. At the request of the Permittee, the Director may, but is not required, to authorize a temporary relocation of the Mobile Food Facility under such circumstances. Any such authorization shall be in writing and available at the Mobile Food Facility for review by City officials.
(e) No permit shall be required under this Article if any City Department issues a permit for occupancy of the subject Location for street fairs, farmers market, temporary use, or other permitted activities as long as the Mobile Food Facility has a Certificate of Sanitation and Fire Marshal approval.
(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 Director shall issue to each permittee an identification card which shall contain the number of the permit in figures plainly discernible. The Director shall determine the manner and form of any other information that may be placed upon this identification card. Such identification card must be in the possession of the operator at all times during hours that the mobile catering vehicle is in operation.
(Added by Ord. 298-10, File No. 101352, App. 12/3/2010)
All Mobile Food Facilities having a permit issued pursuant to this Article and the approvals of the Director of Health and Fire Marshal to operate with the City shall be subject to inspection at any time during operating hours. All Mobile Food Facilities shall obtain an annual Certificate of Sanitation and Fire Marshal approval on or before the annual renewal of the Mobile Food Facility permit for the Location(s) of said Mobile Food Facility as specified in said permit. The annual Certificate of Sanitation and Fire Marshal approval shall be at a time and place designated by the Director of Health and Fire Marshal, respectively. Failure to appear for the annual renewal as described above shall be deemed a violation of this Article and may be cause for suspension or revocation of said permit.
(Added by Ord. 298-10, File No. 101352, App. 12/3/2010)
(a) The Director of Health shall annually issue a Certificate of Sanitation as a decal. In the case of a Pushcart, the decal shall be affixed to a permanent holder designed to display such decal. In the case of a Mobile Caterer, the decal shall be affixed to the lower right-hand corner of the windshield. The number assigned to each Mobile Food Facility shall be forwarded to the Director and/or BART depending on the Location of the Mobile Food Facility.
(b) Mobile Food Facilities shall be maintained in good repair and in good sanitary condition at all times.
(c) Mobile Food Facilities shall have the permittee's name and address painted on both sides of the Facility in letters at least three inches in height. In the case of Pushcarts, the Director may waive or modify this requirement based on size constraints of the Pushcart.
(Added by Ord. 298-10, File No. 101352, App. 12/3/2010)
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