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(a) A "pay phone service provider" shall mean any person, firm or corporation who owns pay phones or manages and operates a business that directly provides pay phone service.
(b) For purposes of this Article, a "permittee" shall mean a pay phone service provider who holds a valid permit granted by the City and County, through its Director of Public Works, to install and maintain public pay phones on public sidewalks in the City and County of San Francisco.
(Added by Ord. 287-92, App. 9/16/92)
(a) The Director of Public Works shall adopt such rules and regulations as it may deem necessary for the public welfare regarding the locations of public pay telephones. Such regulations may include, but not be limited to, a requirement that no person, firm or corporation may install or maintain a public telephone in any location when such location, use or maintenance endangers the safety of persons or property, unreasonably interferes with public utility purposes, public transportation purposes, or other government use, or when such public telephone unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress or egress of any residence, place of business, any legally parked or stopped vehicles, use of poles, posts, traffic signs or signals, police or fire callboxes, transit shelters, sidewalk elevators, mailboxes, handicapped ramps, or other facilities permitted at or near the proposed location.
(b) Upon adoption of such rules and regulations by the Director of Public Works, copies of the rules and regulations shall be kept on file at the Department of Public Works and shall be made available to any person upon request.
(Added by Ord. 287-92, App. 9/16/92)
The Director of Public Works shall make such investigations and inspections as he deems necessary or appropriate to the issuance of permits hereunder, shall prescribe the procedures to be followed in the issuance of permits and installation, and shall have the power and authority to adopt and enforce such rules and regulations as he deems necessary or appropriate to the proper location, design, operation and maintenance of public telephone booths on sidewalks under the conditions and restrictions herein imposed.
(Added by Ord. 122-70, App. 4/17/70)
It shall be unlawful to install and maintain any public telephone on a public sidewalk in the City and County of San Francisco without first obtaining the permit to do so and paying the fees and deposits required for said permit in accordance with the provisions of this Article.
(Added by Ord. 122-70, App. 4/17/70; amended by Ord. 287-92, App. 9/16/92)
A separate written application for a permit is required for the installation and maintenance of a public telephone or group of telephones to be installed on the public sidewalk fronting each lot or property under one ownership. Any subsequent installation of additional telephones fronting the same lot or property shall require a separate application and permit. Application for permit shall be filed with the Director of Public Works and shall contain the name and residence or business address of the person, firm or corporation making such application, a brief description of the location, the number and type of each public telephone to be installed and maintained, and such other appropriate information as the Director may require. Each application shall be accompanied by two copies of a map of the site, drawn to scale and showing the location of the proposed installation, the location of all surface facilities such as poles, hydrants, street lighting electroliers, vehicular parking or stopping zones, parking meters, underground facilities, building entrances, driveway entrances and the width of the sidewalk. Each application described herein shall also be accompanied by a general deposit in the sum of $500 for each public telephone included in the application, or in lieu thereof, the application shall be accompanied by a bond executed and filed with the Department of Public Works in a penal sum equal to the amount of $500 per telephone included in the application. Said bond shall be with a surety company authorized to do business in the State of California as surety thereon, running in favor of the City and County of San Francisco, conditioned that the applicant shall make all payments required to be made under and pursuant to this Article, and while such general deposit is maintained at the said sum of $500 per telephone or while no breach of condition of said bond shall occur said applicant shall be required to comply with all of the permitting and other provisions of this Article.
(Added by Ord. 122-70, App. 4/17/70; amended by Ord. 287-92, App. 9/16/92)
All required inspections in connection with public telephones on public sidewalks shall be made by the Department of Public Works at the expense of the permittee. In addition to maintaining the deposit or bond required by Section 953 of this Article, the permittee shall pay to the Department of Public Works a fee to be set by the Director of Public Works in an amount reasonably calculated to cover the estimated cost of administration and inspection services, including salary and overhead costs incurred by the Department of Public Works in connection with issuance of the public telephone permit.
(Added by Ord. 122-70, App. 4/17/70; amended by Ord. 287-92, App. 9/16/92)
A separate permit is required in accordance with the provisions of Article 18 of the San Francisco Public Works Code, before any excavation is made in street or sidewalk for the purpose of installing pipes or conduits. A separate permit is required for electrical work, in accordance with the San Francisco Electrical Code.
(Added by Ord. 122-70, App. 4/17/70)
(a) The permittee shall pay monthly to the City and County of San Francisco in lawful currency of the United States an amount of money equal to the greater of $75, or 35 percent of the total gross receipts generated by the usage of each and every public telephone installed and maintained under the provisions of this Article. Such payments shall be made monthly by every permittee to the Controller of the City and County of San Francisco together with a full, true and correct statement of all its gross receipts from each and every public telephone for the preceding month. The permittee shall file with the Director of Public Works annual reports covering each 12-month period, ending June 30th. Such reports shall be submitted no later than 30 calendar days after the end of each period and shall include the total number of public telephones in operation, the gross receipts and the total amount paid to the City and County of San Francisco for the last expired period.
(b) The permittee shall at all times keep and maintain a full, true and correct account of its gross receipts, of every kind and nature, including noncoin receipts and revenues from service enhancements, from each and every public telephone installed and maintained under the provisions of this Article, which said accounts, and all books, records, correspondence and documents of the company in connection therewith shall at all times be open to audit, inspection and examination by the Controller of said City and County of San Francisco.
(Added by Ord. 122-70, App. 4/17/70; amended by Ord. 287-92, App. 9/16/92; Ord. 139-98, App. 5/1/98)
The permittee shall indemnify, save harmless and defend the City and County of San Francisco, and all of its officers, agents and employees, against any and all claims and liability for injury to or death of any person, or damage to any property arising out of any acts or omissions in connection with the installation or maintenance of any public telephone on the sidewalks of the City and County of San Francisco on the part of the permittee, its officers, agents or employees, or any contractor or subcontractor retained by or on behalf of it, or the officers, agents or employees of any of the same. The permittee shall further indemnify, save harmless and defend the City and County of San Francisco, and all of its officers, agents and employees against any and all claims and liability arising by reason of any claims or demands of contractors or subcontractors retained by or on behalf of the permittee, or by reason of any liens or other claims which may be filed by or on behalf of any of the same, or by, or on behalf of, any other person regarding the provisions of this Article.
(Added by Ord. 122-70, App. 4/17/70; amended by Ord. 287-92, App. 9/16/92)
(a) The permittee shall, at all times during the existence of any public telephone on the sidewalks of the City and County of San Francisco, maintain in force, furnish to the City and County of San Francisco and file with the Controller thereof, at its own expense, an insurance policy or policies, in protection of the City and County of San Francisco, its boards, commissions, officers, agents and employees, in a company or companies approved by the Controller and in form satisfactory to the City Attorney of the City and County of San Francisco, protecting the City and County of San Francisco and said persons against liability for loss or damages for personal injuries, bodily injuries, death or property damage resulting directly or indirectly from the operations of the permittee under this Article, with single liability limit of not less than $500,000 each occurrence applying to personal injuries, bodily injuries, death and property damage or a combination of such injuries.
(b) The policy or policies shall be expanded to include contractual liability assumed under the provisions of this Article with respect to bodily injuries, personal injuries, death and property damage. Said policy or policies shall apply as primary insurance and shall stipulate that no other insurance effected by the City and County of San Francisco will be called on to contribute to a loss covered hereunder. Said policy or policies shall provide 30 days' notice to Controller, City and County of San Francisco, Room 109, City Hall, if the policy or policies should be cancelled or materially changed.
(c) In lieu of an insurance policy or policies as specified above, the permittee may, subject to written approval of City's Controller, furnish satisfactory evidence of self-insurance and financial responsibility. The permits granted by the Director of Public Works for the installation and maintenance of public telephones shall automatically terminate upon the termination of such insurance.
(Added by Ord. 122-70, App. 4/17/70; amended by Ord. 287-92, App. 6/19/92)
(a) In the event that a public telephone is discontinued in use at a particular location or installed without permit, or in the event that a permit is revoked or terminated, the installation or continued maintenance of said telephone shall be deemed unlawful pursuant to Section 952 of this Article, unless the permittee or pay phone service provider removes the telephone or telephones and associated wires, conduits and structures and restores the area to a condition satisfactory to the Department of Public Works within 10 days after receiving written notice from the Director of Public Works of the said unpermitted telephone. If said telephone was installed without a permit and is not removed as required by this Article, the owner of the immediately adjacent property to which the instrument is connected will be provided notice to remove the telephone and restore the area to satisfactory condition subject to the provisions of Public Works Code Section 706, et seq.
(b) If said telephone was installed with a permit that has since been terminated or revoked, the permittee shall be provided notice to remove the telephone and shall be responsible on its bond for the cost of the removal of the telephone and the restoration of the area to good condition.
(Added by Ord. 122-70, App. 4/17/70; amended by Ord. 287-92, App. 9/16/92)