General Background and Findings. | |
Definitions. | |
Permit Required; Mandatory Display; Proof of Purchase. | |
Vendor Permit Type. | |
Permit Application; Fee. | |
Vending Restrictions and Requirements. | |
Exemptions. | |
Delegation of Authority for Rulemaking. | |
Good Neighbor Policies. | |
Outreach and Education. | |
Enforcement. | |
Reporting Required. | |
Undertaking for the General Welfare. | |
Severability. | |
(a) The City and County of San Francisco (“City”) is committed to supporting the growth of City jobs and providing space for new and expanding businesses, while maintaining public health, safety, and welfare.
(b) United Nations Plaza (“UN Plaza”) is a 1.66-acre public square that is a key entrance point to the City’s busy Civic Center. UN Plaza has longstanding public safety, health, and welfare challenges due in part to unregulated vending and criminal activity in the area. Unregulated vending contributes to congestion at UN Plaza resulting in the obstruction of pedestrian and chair-user access to the public right-of-way, obstruction of first responders’ lines of sight, and concealment of unlawful activity. Unregulated vending at UN Plaza fuels unlawful activity that leads to a high volume of 9-1-1 calls, incident reports, and arrests in and around UN Plaza’s immediate vicinity, including 4,046 calls for service, 168 incident reports, and 62 arrests at UN Plaza, in 2021 alone.
(c) UN Plaza is home to the Heart of the City Farmers’ Market (“Market”), a nonprofit, independent, farmer-operated food justice organization, that has served San Francisco’s low-income Tenderloin neighborhood since 1981. The Market is the largest farmers’ market Electronic Benefits Transfer (“EBT”) program in California, allowing CalFresh, CalWorks, and other cash benefit recipients to access food and cash benefits. Over 20,000 customers rely on the Market for groceries in large part because there are no supermarkets in the Tenderloin neighborhood. Recently, public safety concerns due to unregulated vending and criminal activity have caused the Market to lose five vendors. The unregulated vending and accompanying criminal activity at UN Plaza impact the ability of the City to provide a safe and accessible Market for the public, including families, children, and seniors, as well as the farmers who sell their goods.
(d) UN Plaza is heavily patronized year-round. Pre-pandemic, about 25,000 daily weekday San Francisco Municipal Railway (“MUNI”) and Bay Area Rapid Transit (“BART”) public transit riders would access the Civic Center station near UN Plaza, and about 3,500 City, state, and federal employees would make their way to work by passing through UN Plaza. Ridership on BART and Muni have continued to rebound since the depths of the pandemic, particularly in 2021, as much of the economy has reopened and many members of the community have received the COVID-19 vaccine. Further, congestion at UN Plaza is heightened on days that the Market is in operation.
(e) Vending, because it has a relatively low barrier to entry, encourages entrepreneurship, represents a significant sector of San Francisco’s local economy, and provides economic opportunity for people to support themselves and their families, which is a City priority.
(f) A well-designed vending program is beneficial because it: (1) provides minimum standards for vending, including vendors’ equipment; (2) safeguards pedestrian and chair-user movement on sidewalks, streets, and other public spaces; (3) prevents unsanitary conditions and ensures that trash and debris are removed by vendors; and (4) prevents or minimizes public health, safety, or welfare hazards caused or exacerbated by unregulated vending.
(g) In 2018, then-Governor Jerry Brown signed Senate Bill 946 (“SB 946”), which decriminalized street vending across California and constrained local regulatory authority. SB 946 seeks to create entrepreneurial and economic development opportunities for immigrant and low-income communities, increase consumers’ access to desired goods, contribute to a safe and dynamic public space, and promote the safety and welfare of the public by encouraging local authorities to support and properly regulate vending.
(h) The City seeks to prioritize health and safety while expanding economic opportunities for those who aspire to vend lawfully in a manner consistent with SB 946. The City recognizes that regulation of vending benefits the City as a whole, as it leads to orderly commerce and safeguards public health. The City seeks to provide vendors with the ability to operate in a safe and professional manner that enhances the public’s experience while providing increased economic opportunities. To achieve these goals, the City needs to restrict and limit vending in certain areas and under certain circumstances to prevent or minimize public health, safety, and welfare concerns, while ensuring that the permit application process is accessible to all vendors, including vendors with limited business experience and limited English proficiency.
(i) In 2021, the Port of San Francisco initiated a vending program pursuant to Ordinance No. 118-21 to accommodate vending, including vendors’ equipment, while safeguarding pedestrian and chair-user movement on sidewalks, streets, and other public spaces; to prevent unsanitary conditions and ensure trash and debris are removed by vendors; and to protect the scenic and natural character of the Port of San Francisco’s parks and waterfront, and the recreational opportunities the areas provide, to ensure the Port’s streetscape can remain a vibrant and dynamic marketplace, with unparalleled historic, scenic, and recreational value that can be safely enjoyed by all, which program shall be discontinued and merged with the vending program authorized for the City in this ordinance.
(j) This ordinance creates a vending program that provides for permitting and regulation of street vendors on City property that is both meaningfully enforceable and consistent with SB 946.
(Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022)
For the purpose of this Article 5.9, the following words and phrases have the following meanings:
Administrative Citation. An administrative fine for a violation of this Article 5.9, as described in Section 5.9-11.
Certified Farmers’ Market. A farmers’ market operated in accordance with California Health Code Section 440(d) and Chapter 10.5 (commencing with section 47000) of Division 17 of the California Food and Agricultural Code, as each may be amended, and any implementing regulations.
City. The City and County of San Francisco.
Department. The Department of Public Works.
Director. The Director of the Department of Public Works or the Director’s designee.
Enforcement Official. Officers, employees, and contractors of the Department, and of such other departments and agencies of the City that the Director authorizes to assist in carrying out enforcement functions in a Memorandum of Understanding or otherwise.
Food. Any pre-packaged food, foodstuffs, confectionary, condiment, or beverage for human consumption that a Vendor is reselling in its original packaging.
Merchandise. Any item that is neither Food, nor unpackaged food, nor food that is cooked or prepared onsite, and that is not an art or craft regulated under Article 24 (Regulating Street Artists) of the Police Code.
Notice of Violation. A Notice of Violation for a violation of this Article 5.9, as described in Section 5.9-11.
Roaming Vendor. A Vendor that moves from place to place and stops intermittently to complete a Vending transaction.
Rules and Regulations. The Rules and Regulations of Vendors as described in Section 5.9-8 of this Article.
Sidewalk Vendor. Sidewalk Vendor has the meaning set forth in California Government Code Section 51036, as it may be amended.
Stationary Vendor. A Vendor that Vends from one or more fixed locations.
Swap Meet. A swap meet operated in accordance with Article 6 (commencing with section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, as it may be amended, and any regulations adopted in accordance with that chapter, as they may be amended.
Vend (and variations such as Vends, Vending). To sell, offer for sale, expose or display for sale, solicit offers to purchase or lease, or barter Food or Merchandise. Vending includes offering free samples of Food or Merchandise that are also for sale, negotiating fees for Food or Merchandise, or soliciting customers to enter into commercial agreements.
Vendor. A person or entity that Vends Food or Merchandise from a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance, or from one’s person or a stand, display, showcase, table, rack, or other movable structure. The term Vendor includes but is not limited to Roaming Vendor, Sidewalk Vendor, and Stationary Vendor. In addition, if a Vendor Vends as an employee or agent of another person or entity, that person or entity is also a Vendor. The term Vendor does not include a person or entity that Vends from a Mobile Food Facility as defined by Public Works Code Section 184.80.
(a) No person may Vend on any City property, including a public right-of-way (as that term is defined in Public Works Code Section 2.4.4) or any other street, sidewalk, alley, walkway, or pedestrian path available to the public, except on property regulated by Article 7 of the Park Code, without first having obtained either a Roaming Vendor permit or a Stationary Vendor permit pursuant to this Article 5.9.
(b) A Vendor shall prominently display a valid Vendor permit that corresponds with the Vendor’s business activity while Vending in accordance with this Article 5.9.
(c) Upon request by an Enforcement Official, a Vendor shall immediately provide proof of ownership or authorization to sell the Food and/or Merchandise that the Vendor is Vending.
(a) The Department shall issue Vending permits to applicants under Section 5.9-5. Each Vendor permit must:
(1) Include a photograph of the Vendor to prevent the sale or transfer of the permit.
(2) Identify whether the permit authorizes the permittee to Vend Food, Vend Merchandise, or Vend both Food and Merchandise, except as provided in subsection (b).
(b) Notwithstanding subsection (a), the Department may issue a time-limited Vendor permit to a nonprofit corporation that is exempt from federal taxation under 26 U.S.C. Section 501(c)(3), as it may be amended, and which permit may apply to multiple Vendors as further described in the permit.
(a) Department Permit. The Department shall establish a uniform application process through which a Vendor may request, and upon approval receive, a Vendor permit. The application process shall be easily accessible to individuals with limited business experience and limited English language proficiency. The permit application shall require:
(1) The name, phone number, and current mailing address of the Vendor.
(2) A description of the Food and/or Merchandise that the Vendor intends to Vend.
(3) The locations where the Vendor requests to Vend.
(4) An attestation by the Vendor that the Vendor procured the Food and/or Merchandise, whether new or used, through a transaction authorized by law, including but not limited to, bartering and foraging.
(5) For any Food and/or Merchandise to Vend, whether new or used, an attestation by the Vendor that the Vendor will maintain proof of ownership or authorization to sell the Food and/or Merchandise and will produce the documentation of same immediately upon request.
(6) A certification by the Vendor that to the Vendor’s knowledge and belief, the information submitted for the permit application is true.
(7) Proof of Identity, as described in Administrative Code Section 95.2 and as it may be amended, of the Vendor.
(8) If the Vendor is an agent of an individual, company, partnership, corporation, or other entity (each a “principal”), the name and business address of the principal.
(9) The Vendor’s California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if applicable.
(10) Any other information deemed relevant by the Department.
(b) Confidentiality of Permit Application Data. The Department shall maintain confidentiality of Vendor’s personal identifying information to the extent permitted by law. The Department shall inform applicants about the circumstances under which the information they provide in the application could become public or be disclosed.
(c) Additional Permit Conditions.
(1) Each permit that applies to a Vendor that uses an energy source, including but not limited to propane, butane, or battery, shall be conditioned on the Vendor obtaining approval from the Fire Marshal and complying with sections of the Fire Code that apply to the use of flammable gas, flammable liquids, compressed gas, open flames, and other energy sources. Separate fees may apply and be payable to the Fire Marshal.
(2) Each permit for Food Vending shall be conditioned on the Vendor obtaining a permit to operate a food facility from the Department of Public Health pursuant to Health Code Section 452, as it may be amended. Separate fees may apply and be payable to the Department of Public Health.
(3) Each Vendor permit issued pursuant to this Article 5.9 and the approval, as applicable, of the Fire Marshal (see subsection (c)(1)) and/or the Department of Public Health (see subsection (c)(2)), shall authorize inspection by the City of the Vendor’s operations at any time during operating hours, as long as the inspecting agency provides at least 48-hours’ notice.
(4) The applicable conditions of this subsection (c) are preconditions to the issuance of a Vendor permit. Lapse or revocation of approvals, as applicable, from the Fire Marshal or Department of Public Health shall, by operation of law, automatically invalidate any Vendor permit without further action by the Department.
(d) Permit Fee. The Department shall identify the reasonable regulatory costs for the administrative enforcement and any adjudication of this Article 5.9, including but not limited to the Department’s costs to issue permits, perform investigations, conduct inspections, issue administrative citations or other enforcement actions, and audit permittees. The Department shall charge applicants for each Vendor permit and permit renewal an amount that does not exceed the reasonable regulatory costs described in this subsection (d), and may include the actual costs that other agencies, boards, commissions, or departments of the City incur in connection with the processing or administration of this Article 5.9, which fee shall be waived in accordance with California Business and Professions Code Section 16102, as it may be amended, and as applicable. After consulting with the Controller, and by no later than two months after the effective date of the ordinance in Board File No. 211292 establishing this Article 5.9, the Department shall publish on its website a schedule of all fees charged by the Department under this Section 5.9-5, and shall submit that fee schedule to the Clerk of the Board of Supervisors for inclusion in Board File No. 211292. The permit fee shall be adjusted annually in accordance with Public Works Code Section 2.1.2.
In addition, separate annual fees may apply and be payable to the Tax Collector, Department of Public Health, and the Fire Marshal for any approvals required by each department.
(e) Permit Fee Waiver. The Department shall adopt regulations via Director’s Order authorizing the Director to fully waive fees for new permits and partially waive fees for permit renewals, for reasons including, but not necessarily limited to, economic hardship and a Vendors’ status as a nonprofit corporation exempt from federal taxation under 26 U.S.C. Section 501(c)(3), as it may be amended. The partial waiver of renewal fees shall be on a sliding scale and the amount waived shall be determined based on the economic hardship of each individual Vendor or the financial circumstances of a nonprofit corporation.
(f) Permit Expiration. Each Vendor permit shall expire if not renewed by its Renewal Date in subsection (g)(1) unless revoked or unless the Director determines on issuance of the permit that the particular circumstances warrant a permit term of less than one year.
(g) Permit Renewal.
(1) Each Vendor permit may be renewed annually so long as the Vendor remains in compliance with this Article 5.9, including payment of all fees due to the City and compliance with the Good Neighbor Policies in Section 5.9-9. The permit renewal date (“Renewal Date”) shall be the date that the Director issues the decision to renew the permit or conditionally renew the permit, and shall be the same day of the year, selected by the Director, for all Vendor permits.
(2) Each Vendor permit renewed by the Department shall be operative for 90 days from the date of renewal, but shall become inoperative if by the end of that 90-day period, the Vendor has not obtained approvals, as applicable, from the Fire Department and Department of Public Health. A permittee shall still owe the renewal fee in subsection (d) if the Vendor permit becomes inoperative under this subsection (g)(2), and shall not be entitled to a refund or proration as a result of the Vendor permit becoming inoperative.
(3) Pursuant to Section 76.1 of Article 2 of the Business and Tax Regulations Code, the fees in subsection (d), above, for renewing a Vendor permit shall be due and payable annually on or before March 31, for the 12-month period commencing with the most recent Renewal Date prior to March 31. If a permittee ceases Vending between the Renewal Date and the next March 31, such permittee shall still owe the fees due on that March 31 for the entire 12-month period commencing with the most recent Renewal Date prior to March 31, and shall not be entitled to any refund or proration.
(h) Application Denial; Appeal.
(1) The Department may reject an application for a Vendor permit for any of the following reasons:
(A) the applicant failed to provide any required information or prerequisite approvals identified in this Section 5.9-5, or provided incorrect or incomplete information, and failed to correct the application within a reasonable time identified by the Department;
(B) the applicant knowingly presented false and material information or knowingly omitted material information;
(C) the applicant previously received a permit, which permit was revoked pursuant to Section 5.9-11, and the revocation occurred within one year of the application;
(D) the applicant submitted a substantially similar application that was rejected within the past year;
(E) the proposed Vending location may lead to or exacerbate objective safety, health, and welfare concerns; or
(F) good cause, including but not limited to violations of federal, state, or City law that in the Department’s judgment are relevant to whether the applicant would perform as a Vendor in a lawful manner.
(2) The applicant may appeal the Department’s rejection of an application for a Vendor permit in writing to the Director within 30 days of the rejection. The Director may investigate the rejection and consider any claims by the applicant, and shall either affirm or reverse the rejection within a reasonable time following receipt of the written appeal. Upon denial of a permit by the Director, an applicant may appeal the Director’s decision, to the Board of Appeals, in accordance with Section 8 of the Business and Tax Regulations Code, as amended from time to time.
(a) Certified Farmers’ Market or Swap Meet. No person, without written approval of the Director, may Vend within the immediate vicinity of a permitted Certified Farmers’ Market or a permitted Swap Meet during the operating hours of that Certified Farmers’ Market or Swap Meet.
(b) Temporary Special Permit. No person, without written approval of the Director, may Vend within the immediate vicinity of a temporary special permit issued by the City that authorizes the temporary use of, or encroachment in or on, the sidewalk or other public area, including an encroachment permit, special event permit, or temporary event permit for purposes including filming, parades, or outdoor concerts. This prohibition against Vending shall be effective only for the limited duration of the temporary special permit. Any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the temporary special permit shall also be provided to any Vendor whom the Director previously specifically permitted to operate within the immediate vicinity of the temporary special permit during the period that the temporary special permit is effective.
(c) United Nations Plaza. No person, without written approval of the Director may Vend at UN Plaza, unless it is an approved seller in the course of a permitted Certified Farmers’ Market. The Director, in consultation with the General Manager of the Recreation and Park Department or the General Manager’s designee, may approve a Vending permit at UN Plaza if the Director finds that the issuance of such a permit would not objectively undermine public health, safety, or welfare.
(d) Hallidie Plaza. The Director, in consultation with the General Manager of the Recreation and Park Department or the General Manager’s designee, may approve a Vending permit at Hallidie Plaza if the Director finds that the issuance of such a permit would not objectively undermine public health, safety, or welfare.
(e) Residential Zones. Stationary Vendors may not operate in any RH (Residential, House) districts as defined in the Planning Code.
(f) Hours of Operation. Each Vendor permit shall include permissible Vending hours, which shall be consistent and not in conflict with any limitations on hours of operation imposed by federal, state, and City laws, including but not limited to the Police Code and the Planning Code Zoning Control Tables, on other businesses or uses on the streets on which the Vendor operates. Each Vendor shall not Vend at times other than the hours authorized in the Vendor’s permit.
(g) Business Registration. Each Vendor shall register with the Tax Collector pursuant to Article 12 (Business Registration) of the Business and Tax Regulations Code, if applicable. Separate fees may apply and be payable to the Tax Collector.
Loading...