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(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)
(a) Upon demand by any Police Officer, the Director, the Director of Health, or the Fire Marshal, each Mobile Food Facility Vendor or Mobile Food Facility employee shall produce the Mobile Food Facility permit, a valid San Francisco Business Registration Certificate from the Office of the Treasurer and Tax Collector, a valid Certificate of Sanitation, an identification card, a description of the approved Location(s) and hours of operation for a Mobile Food Facility, and all other documents required under this Article so that the Location of the Mobile Food Facility may be checked and verified.
(b) The permit, business license, decal confirming a valid Certificate of Sanitation, identification card, and a description of the approved Location(s) and hours of operation for a Mobile Food Facility shall be displayed in a manner where it is in plain view of the public at all times or as otherwise prescribed by the Department.
(c) If the Municipal Transportation Agency authorizes use of a no parking sign for Mobile Food Facilities, a Mobile Food Facility Vendor may display such sign(s) at the Location of the Mobile Food Facility pursuant to any Municipal Transportation Agency rules and regulations for posting of such signs.
(d) A Mobile Food Facility Vendor is prohibited from placing any freestanding A-frame, display, sign, or other obstruction on the public right-of-way with the exception of refuse collection receptacle.
(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)
Mobile Food Facilities shall be managed in accordance with the following good neighbor policies:
(a) The quiet, safety, and cleanliness of the Mobile Food Facility Location and its adjacent area shall be maintained;
(b) Proper and adequate storage and disposal of debris and garbage shall be provided;
(c) Noise and odors shall be contained within immediate area of the Mobile Food Facility Location so as not to be a nuisance to neighbors;
(d) Notices shall be prominently displayed urging patrons to leave the Mobile Food Facility premises and neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways in the neighborhood; and,
(e) Employees of the Mobile Food Facility shall walk a 100-foot radius from the Location some time within 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
(Added by Ord. 298-10, File No. 101352, App. 12/3/2010)
(Added by Ord. 310-18, File No. 181026, App. 12/21/2018, Eff. 1/21/2019; expired 9/16/2021)
No permit shall be transferable except with the written consent of the Director with the approval of the Director of Health, such consent and approval shall not be unreasonably withheld. The application for such transfer shall contain the same information as requested herein for an initial application for such a permit and shall be accompanied by the same filing and inspection fees as for an initial application and, with the exception of any Mobile Food Facility permit issued on or before July 1, 2013, shall comply with all applicable provisions of this Article; provided, however, that no notice is required for a transfer. Upon approval of said transfer, the transferee shall retain the original permit granting date and all of the transferor's rights under this Article.
(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 suspend or revoke for good cause any permit or any permit Location, which has been issued pursuant to this Article, if he finds, after a noticed public hearing, that such permit holder has engaged in or been found guilty of any of the following acts:
(1) Fraud, misrepresentation, or false statement contained in the application for permit.
(2) Violation of provisions of State law regarding Mobile Food Facilities, the State Vehicle Code, this Article or any of the regulations or rules adopted pursuant to this Article, the San Francisco Municipal Code, or a determination of violation by the Director of Public Health under Subsection (b).
(3) Any violations occur as specified herein for another Mobile Food Facility permit issued to the same permittee.
(4) The Mobile Food Facility Vendor is operating in a manner that negatively impacts the public health, safety, convenience, or welfare.
(5) The Mobile Food Facility Vendor habitually violates the Good Neighbor Policies set forth in Section 184.94.
(6) The Mobile Food Facility has not operated in the permitted Location for a period of six (6) months or more.
(b) The Director also may suspend or revoke a permit if he or she determines that the public interest necessitates use of the Mobile Food Facility Location for a different public purpose, such as a bicycle lane, traffic reconfiguration, bulb-out, bus-stop, or other pedestrian, bicycle, vehicular safety measure consistent with City policies. If a permit is revoked or suspended for this purpose, the Director, under such circumstances, shall strive to authorize a temporary or permanent relocation of the Mobile Food Facility to a comparable Location. Any such authorization shall be in writing and available at the Mobile Food Facility for review by City officials.
(c) The Director of Health also is authorized to revoke a Certificate of Sanitation if he or she finds violations of the Health Code or State law regarding Mobile Food Facility uses. This revocation may be in addition to or separate from any action that the Director takes.
(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) If the Director determines that the permittee has exceeded the scope of the permit, either in terms of duration or area, or determines any other violation of the permit terms or conditions has occurred, the Director shall order the permittee to correct the violation within a specified time period. If any person has occupied public right-of-way without a permit, the Director shall immediately order the violator to vacate the occupied area.
(b) Failure to pay any fee assessed under these provisions shall constitute good cause for immediate revocation of the permit or removal of unpermitted obstructions.
(c) Criminal Penalty.
(1) Any person who shall violate any of the provisions of this Section shall be guilty of an infraction at each location where such violation occurs. Every violation determined to be an infraction is punishable by (A) a fine not exceeding $100 for the first violation within one year; (B) a fine not exceeding $200 for a second violation within one year from the date of the first violation; (C) a fine not exceeding $500 for the third and each additional violation within one year from the date of the first violation.
(2) When a government official authorized to enforce this Section has reasonable cause to believe that any person has committed an infraction in the official's presence that is a violation of this Section, the official may issue a citation to that person pursuant to California Penal Code, Part II, Title 3, Chapters 5, 5C, and 5D.
(d) Civil Penalties.
(1) The Director may call upon the City Attorney to maintain an action for injunction to restrain or summary abatement to cause the correction or abatement of the violation of this Article, and for assessment and recovery of a civil penalty and reasonable attorney's fees for such violation.
(2) Any person who violates this Article may be liable for a civil penalty, not to exceed $500 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City by the City Attorney in any court of competent jurisdiction. In assessing the amount of the civil penalty, the court may consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant's misconduct, and the defendant's assets, liabilities, and net worth. The City Attorney also may seek recovery of the attorneys fees and costs incurred in bringing a civil action pursuant to this Section.
(e) Administrative Penalty. In the alternative to the criminal or civil penalties authorized by Subsections (c) and (d) of this Section, Department of Public Works officials designated in Section 38 of the Police Code may issue administrative citations for such violations. The administrative penalty shall not exceed $1,000 per day for each violation. Notwithstanding the above limitation, should a violation not be corrected as the Director has ordered or in the case of occupation without a permit, the permittee or person shall pay a penalty fee of up to $5,000 per day for each day of violation. Such penalty shall be assessed, enforced, and collected in accordance with Section 39-1 of the Police Code.
(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)
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