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(a) This Article 5.9 does not govern:
(1) Food products being sold as part of a fundraiser by a non-profit entity; or
(2) the sale of an art or craft regulated under Article 24 (Regulating Street Artists) of the Police Code; or
(3) the operation of, or any sale within, a Certified Farmers’ Market; or
(4) the operation of, or any sale within, a permitted Swap Meet; or
(5) Vending on property regulated by Article 7 of the Park Code; except UN Plaza and Hallidie Plaza; or
(6) Vending within areas permitted under Article 6 (Interdepartmental Staff Committee on Traffic and Transportation (“ISCOTT”)) of the Transportation Code.
(b) This Article 5.9 does not supersede or alter Article 24 (Regulating Street Artists) of the Police Code. A Vendor permit authorizing the permittee to Vend either Merchandise or Food and Merchandise in accordance with Section 5.9-4 may also Vend an art or craft regulated under Article 24 (Regulating Street Artists) of the Police Code if the Vendor has obtained a Street Artist Certificate under Article 24 of the Police Code.
(Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022)
(a) Rules and Regulations Authorized. The Department, in consultation with the Office of Economic and Workforce Development and the Human Rights Commission, may adopt Rules and Regulations related to the administration and enforcement of this Article 5.9, in order to further the purposes of this Article 5.9, and to promote public health, safety, or welfare. The Rules and Regulations may include but are not necessarily limited to:
(1) Standards for approving permits.
(2) Additional requirements regulating the time, place, and manner of Vending, including prohibiting Vending in certain locations, if the Rules and Regulations are directly related to objective health, safety, or welfare concerns.
(3) Notice requirements of new Rules and Regulations regarding the time, place, and manner of Vending, including locations where Vending is prohibited.
(4) The process for granting fee waivers.
(5) Requirements to maintain sanitary conditions.
(6) Requirements necessary to ensure compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336), as it may be amended, and other disability access standards.
(7) Requirements necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities.
(8) Requirements necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of a park.
(9) The process for selecting organizations to accept donated goods pursuant to Section 5.9-11(f)(3).
(10) Any other Rules and Regulations in order to further the purposes of this Article 5.9 and promote public health, safety, or welfare.
(b) Port of San Francisco. The Port Commission and its Executive Director, in consultation with the Department, may adopt additional requirements regulating the time, place, and manner of Vending within the regulatory jurisdiction of the Port of San Francisco, including prohibiting Vending in certain locations, if the rules and regulations are directly related to objective health, safety, or welfare concerns. Such Rules and Regulations may impose, but are not limited to imposing, (1) further requirements to maintain sanitary conditions; (2) requirements necessary to ensure compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336), as it may be amended, and other disability access standards; (3) requirements necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities; or (4) requirements necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of a park.
(a) Vendors shall operate in accordance with the following good neighbor policies:
(1) Vendors shall be individually responsible for any garbage, detritus, or debris that directly results from their Vending activity;
(2) Vendors shall contain noise and odors within the immediate area of the Vendor so as not to cause a nuisance to neighbors;
(3) Vendors shall urge patrons to not litter and to maintain the safety, cleanliness, quiet, peace, and orderliness of the area; and
(4) Vendors shall provide for proper and adequate storage and disposal of garbage, detritus, and debris.
(b) The Director may adopt additional and/or more specific good neighbor policies as long as they are consistent with the principles in this Section 5.9-9.
(Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022)
(a) The Department shall conduct extensive outreach and education in a manner that is accessible to all Vendors, including Vendors with limited business experience and limited English proficiency, in order to provide Vendors sufficient notice regarding the requirements of this Article 5.9, including information about the application process and good neighbor policies, as well as any applicable Rules and Regulations.
(b) The Department shall also provide Vendors information about:
(1) How to obtain assistance filling out the permit application.
(2) Workforce development opportunities and job placement programs.
(c) The Department shall conduct extensive outreach and education prior to the operative date for enforcement of this Article 5.9 as stated in Section 5.9-11(a).
(d) If this Article 5.9 is modified to include new requirements or if the Department adopts new Rules and Regulations, the Department shall conduct additional outreach and education for a period of 4 weeks in a manner that is accessible to all Vendors, including Vendors with limited business experience and limited English proficiency, before Enforcement Officials may issue a Notice of Violation concerning a new requirement or new Rule and Regulation pursuant to Section 5.9-11.
(Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022)
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