Skip to code content (skip section selection)
(a) Purpose and Scope. A restaurant, as defined in Section 184.85(b)(4), may seek a Temporary Mobile Caterer permit from Public Works if it is unable to operate during its regular business hours due to mandatory seismic retrofit construction work to the building containing the restaurant, as required by San Francisco Existing Building Code . Under this Section 184.95, a restaurant may operate a Mobile Caterer as a Temporary Mobile Caterer and obtain a Temporary Mobile Caterer permit subject to the conditions and requirements set forth in subsections (b) and (c).
(b) Permit Privileges and Conditions. For a Temporary Mobile Caterer that meets the criteria set forth in subsection (a) and has obtained a Temporary Mobile Caterer permit under subsection (c), the following shall supersede otherwise applicable provisions of the Public Works Code:
(1) Notwithstanding subsections 184.85(b)(3)(E)-(F), the Temporary Mobile Caterer shall not be subject to any restrictions with respect to Locations relative to junior high schools, middle schools, or high schools.
(3) Notwithstanding subsection 184.85(b)(7), the Temporary Mobile Caterer may sell or distribute food for the same hours and number of days as its affiliated restaurant operated prior to its closure due to a seismic retrofit; provided, however, that a Temporary Mobile Caterer may also operate for one hour before and one hour after those operating hours to prepare for or clean up after food service. But Temporary Mobile Caterers may not sell or distribute food after 10:00 p.m.
(4) Notwithstanding Section 184.88, the Temporary Mobile Caterer shall not be subject to notice, hearing, or appeal procedures set forth in that Section. Permitting decisions regarding Temporary Mobile Caterer permits may be appealed to the Board of Appeals in accordance with existing law.
(c) Requirements for a Permit to be Valid and Operative. To avail itself of the privileges and conditions set forth in subsection (b), the Temporary Mobile Caterer must satisfy all requirements as specified in Article 5.8, other than those identified in subsection (b) above, and must also satisfy the following requirements:
(1) The Temporary Mobile Caterer may operate under a Temporary Mobile Caterer permit only after the issuance of a Department of Building Inspection permit for a mandatory seismic retrofit (required by San Francisco Existing Building Code ) for the building containing the affiliated restaurant is final and effective.
(2) The Temporary Mobile Caterer may not operate under a Temporary Mobile Caterer permit after the Department of Building Inspection has issued a temporary certificate of occupancy or final certificate of occupancy, whichever is earlier, for the building containing the affiliated restaurant.
(3) A Temporary Mobile Caterer may not operate under a Temporary Mobile Caterer permit for a period longer than six consecutive months; provided, however, that a Temporary Mobile Caterer may obtain an extension of this permit period from Public Works if the Temporary Mobile Caterer provides a written determination from the Department of Building Inspection that seismic retrofit-related construction on the building containing the affiliated restaurant is continuing.
(4) A Temporary Mobile Caterer may operate under a Temporary Mobile Caterer permit only using the same name and/or brand as the restaurant impacted by the mandatory seismic retrofit.
(5) A Temporary Mobile Caterer may operate under a Temporary Mobile Caterer permit only after notifying all restaurants within 75 feet of its proposed Location(s) of its intent to operate and having provided to Public Works an affidavit attesting that it has complied with this notification requirement.
(6) The Temporary Mobile Caterer shall operate within 50 feet of the facade of its affiliated restaurant and may only use a Location on the same side of the street as that restaurant.
(7) The Temporary Mobile Caterer may operate under a Temporary Mobile Caterer permit only after having provided at least 10 days public notice to neighboring residents and businesses.
(d) Sunset Date. This Section 184.95 shall expire by operation of law on January 1, 2021; provided, however, that if State or local law extends the compliance deadline for mandatory soft-story seismic retrofits, this Section shall expire on the day following the extended deadline. Upon expiration of this Section, the City Attorney shall cause the Section to be removed from the Public Works Code.
(Added by Ord. 310-18, File No. 181026, App. 12/21/2018, Eff. 1/21/2019)