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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)
(a) Removal By Director, Public Nuisance or Emergency. The Director of Public Works is authorized to order the immediate removal of a Mobile Food Facility when, in his or her opinion, the Mobile Food Facility has no permit, constitutes a safety hazard or public nuisance, or when the presence of an emergency requires removal of the Mobile Food Facility. After notification by the Director of the removal order the Mobile Food Facility shall be removed immediately from the street area by its owner. If the owner does not remove the Mobile Food Facility immediately, the Director may order the Department to remove the Mobile Food Facility. The owner shall pay to the City the costs of removal. No Mobile Food Facility shall be placed at that location until the conditions which have caused the removal order shall have been abated to the satisfaction of said Director.
(b) The Director is authorized to remove, or cause to be removed, any Mobile Food Facility placed in a street or sidewalk area in violation of any other provision of this Article. Removal shall take place no earlier than 48 hours after notice is given describing the violation(s). The notice shall be both mailed to the pushcart owner and placed in a conspicuous manner on the Mobile Food Facility, and shall contain the following:
(1) The condition(s) violated,
(2) The date and time of posting,
(3) The location of the Mobile Food Facility,
(4) The identify of the person giving the notice,
(5) A statement giving notice of 48 hours to remedy the violation(s).
(c) Mobile Food Facilities that have been removed may be recovered within ninety (90) days from the date of seizure and upon payment of a sum equal to the cost of removing said Mobile Food Facility including a 20 percent charge for administrative costs as determined by the Department, and any costs incurred by the Department in disposing of any materials contained in the Mobile Food Facility. Costs incurred as a result of removal under this Section are in addition to any fines or penalties incurred under Section 184.96.
(Added by Ord. 298-10, File No. 101352, App. 12/3/2010)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more section, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
(Added by Ord. 298-10, File No. 101352, App. 12/3/2010)