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Designation of Locations—Proviso.
Authority to Issue Permits.
Application for Permit.
Investigation and Inspection—Rules and Regulations.
No Other Fee or Peddler's License.
Conditions and Restrictions.
Suspension or Revocation of Permit.
Violation a Misdemeanor.
Sidewalk flower-vending stands shall be located within the following designated street flower market areas upon the sidewalks of the City and County of San Francisco at the curb or building line.
The Grant Avenue Street Flower Market
On the west sidewalk of Grant Avenue within 100 feet south of the southerly line of Geary Street.
The Stockton Street Flower Market
On the west sidewalk of Stockton Street within 100 feet south of the southerly line of Geary Street.
On the east sidewalk of Stockton Street within 100 feet south of the southerly line of Geary Street.
On the west sidewalk of Stockton Street within 100 feet north of the northerly line of Ellis Street.
On the east sidewalk of Stockton Street within 100 feet north of the northerly line of O'Farrell Street.
On the north sidewalk of Post Street within 50 feet west of 250 Post Street.
The Powell Street Flower Market
On the east sidewalk of Powell Street between 25 feet and 100 feet south of the southerly line of Geary Street.
On the west sidewalk of Powell Street within 100 feet north of the northerly line of Eddy Street.
The Emporium Street Flower Market
On the south sidewalk of Market Street facing the location of 835 Market Street.
The Post Street Flower Market
On the north side of Post Street, east of Powell Street within 200 feet east of the easterly property line of Powell Street.
The Upper Market Street Flower Market
On the north sidewalk of Sixteenth Street within 100 feet south of the southerly line of Market Street.
The Market Street Flower Market
On the south sidewalk of Market Street facing the location of 101 Market Street.
On the south sidewalk of Market Street facing the location of 215 Market Street.
On the east sidewalk of Montgomery Street, at Market Street, within 50 feet south of the north property line of Post Street.
The Columbus Avenue and Powell Street Flower Market
On the northwestern end of Marini Park on Columbus Avenue and Powell Street.
The Harvey Milk Plaza Flower Market
On the west sidewalk of Castro Street north of the main entrance to the Harvey Milk Plaza Muni Metro Station.
(Amended by Ord. 17-82, App. 1/15/82; Ord. 356-85, App. 7/12/85; Ord. 433-86, App. 11/7/86; Ord. 492- 88, App. 11/8/88; Ord. 124-98, App. 4/2/98; Ord. 78-06, File No. 051985, App. 4/20/2006; Ord. 271-06, File No. 061293, App. 10/31/2006)
The Director of Public Works is hereby authorized and empowered to issue permits for the maintenance of sidewalk flower-vending stands at the locations specified in Section 155 of this Article, subject to the proviso contained in said Section 155. In considering the issuance of sidewalk flower-vending stand permits and in prescribing the location of such stands within the areas set forth in Section 155 of this Article, the Director of Public Works shall give due regard to the conveniences and necessities of the owners, occupants or tenants of offices, stores or shops in the vicinity.
Each application for a sidewalk flower-vending permit shall state the name of the applicant therefor as well as the names of the individuals to be employed by or engaged with the applicant in displaying or selling flowers at said flower-vending stand.
(Amended by Ord. 461-74, App. 10/3/74)
The Director of Public Works shall make all investigations and inspections necessary to the issuance of permits hereunder, and shall have the power and authority to adopt and enforce such rules and regulations necessary to the proper conduct of said flower-vending stands as shall be consistent with or in furtherance of the conditions and restrictions herein imposed.
No person, firm or corporation shall operate, maintain or conduct any sidewalk flower-vending stand in the City and County of San Francisco without first obtaining a permit to so do and paying the fees for said permit in accordance with the provisions of this Article. The fee for any such permit shall be $100 per quarter year, commencing on the first day of July, 1981, and in addition to said quarterly fee herein provided for, each permittee shall pay a quarterly fee of $30 for each employee employed in and about said sidewalk flower-vending stands. When any application for a permit for a sidewalk flower-vending permit shall be granted by the Director of Public Works, the same shall be delivered to the permittee only upon the payment of the first quarter's permit fee due thereon, and the payment of the same shall be endorsed on said permit, and said permittee shall thereafter pay quarterly, in advance, the permit fees herein provided for, and on the failure to so do, said permit may be revoked by the Director of Public Works.
(Amended by Ord. 391-81, App. 7/3/81)
The permit fees provided for in Section 159 of this Article shall be the only fees charged for the privilege of maintaining said sidewalk flower-vending stands or for displaying or selling flowers thereat. No peddler's license shall be required for such permittees or for any other person employed in and about the conduct of said sidewalk flower-vending stands.
The issuance of permits and licenses and the maintenance of sidewalk flower-vending stands by the persons granted permits hereunder shall be subject to the following conditions and restrictions:
(a) No permanent stands of any kind shall be erected on the sidewalks of said locations;
(b) The design and construction of all flower-vending stands placed at the locations designated in Section 155 of this Article and the maintenance of said stands shall be subject to the approval of the Director of Public Works; provided, that no such flower-vending stand shall exceed the following dimensions, to-wit: 10 feet in length and three feet in width, and any person, firm or corporation having a permit to maintain and operate a flower-vending stand as provided in Sections 155 to 162 of this Article may maintain and operate a stand not exceeding 10 feet in length and three feet in width, provided that no part of the flower vender's display or activities may take place outside of an area that exceeds five feet in width and 20 feet in length;
(c) No more than one flower-vending stand shall be granted a permit to operate at any one of the locations designated in Section 155;
(d) No more than two persons shall at any given time be engaged or employed in displaying or selling flowers at any stand; provided, that for a substantial portion of time during the hours of operation of any stand, one of said persons engaged in displaying or selling flowers thereat shall be the person to whom the permit to operate said stand is issued; provided, however, that if the permit is issued to a firm or corporation, one of said persons engaged in displaying or selling flowers for a substantial portion of the time said stand is operated shall be an officer or partner of said firm or corporation;
(e) Only cut flowers, evergreens, and corsages shall be displayed or sold at any stand, and no display, sale or orders for the sale or delivery of floral arrangements, potted plants, or shrubs shall be made, taken, received or solicited, at any stand, or by the owners or operators thereof;
(f) No rubbish or cuttings shall be deposited in any public waste container;
(g) No flower stand shall be operated between the hours of 9:00 p.m. and 7:00 a.m., and the sidewalk and street surrounding each stand shall be kept free of rubbish, cuttings or debris resulting from the operation of the stand;
(h) No permit shall be issued to any person unless he or she has been a resident of the City and County of San Francisco for a period of one year prior to his or her application for a permit hereunder;
(i) No owner, landlord, lessee or occupant of any premises in the block occupied by a flower-vending stand as provided for herein, shall receive rent or any remuneration directly or indirectly for the space occupied by such flower-vending stand or its operation;
(j) Each person operating a flower-vending stand under a permit as herein provided for, shall at all times carry and maintain at the permittee's own cost and expense a policy of liability insurance in the minimum amount of $500,000 single limit applying to bodily injuries, personal injuries and property damage. Said policy shall directly protect the City and County of San Francisco, its officers and employees and agents as named insureds, and shall provide that the insurance will operate as primary insurance and no other insurance effected by City will be called on to contribute to a loss covered by said policy. Said policy shall provide 30 days' notice of cancellation or material change to the Director of Public Works of the City and County of San Francisco. Said policy shall be approved in writing by the Director of Public Works and the City Attorney of the City and County of San Francisco. A copy of policy and certificate shall be filed with the Director of Public Works.
In addition, the permittee shall agree to hold harmless and indemnify the City and County of San Francisco, its officers, agents and employees from any damage or injury caused by reason of the placement or maintenance of the flower-vending stand on the sidewalk, and the permittee shall be solely liable for any damage or loss, claims, injury and liability of every kind, nature and description directly or indirectly arising from said activity. Approval of insurance shall in no way relieve operator from liability under this hold-harmless clause.
(k) There shall be no liability on the City or upon any of its officers, agents or employees for any damage sustained by the owner or operator of any flower-vending stand from any cause whatsoever, no matter whether said damage be caused by an officer, agent or employee of the City or by any other person;
(l) An assignment or sale of a flower stand permit, without the approval of the Board of Supervisors, is prohibited; provided, however, that in the event of the death of a permittee, his or her permit shall be considered to be assigned to a living member of the deceased permittee's immediate family. Provided further, however, that such living member of a deceased permittee's immediate family must thereafter personally operate the flower- vending stand within six months from the date of the distribution of the proceeds of the deceased permittee's estate or, with the approval of the Board of Supervisors, sell the permit within said six-month period.
For the purposes of this Subparagraph (l), the term "immediate family" shall be limited to the children, grandchildren, spouse, co-habitant, parent, brother, sister, or child of a deceased brother or sister of a deceased permittee.
An individual shall be considered a "co-habitant" if he or she resided with the permittee, shared the common necessaries of life with the permittee, was not married to or related by marriage to the permittee, was the permittee's sole co-habitant, and is over 18 years of age.
An individual claiming a right to a permit as co-habitant under this Subparagraph (l) shall have resided with the permittee, and been a resident of the City and County of San Francisco, for a period of one year prior to the assignment or sale of said permit.
(Amended by Ord. 448-76, App. 11/12/76; Ord. 226-87, App. 6/19/87)
The operator of any flower-vending stand, licensed hereunder, who shall violate any of the restrictions and conditions set forth in Section 161 of this Article, or any rule or regulation of the Director of the Department of Public Works adopted in pursuance of the provisions of Section 158 of this Article, shall be subject to the suspension or revocation of his permit by said Director.
Any person, firm or corporation violating any of the provisions of this Article or any lawful rule or regulation adopted pursuant thereto shall be guilty of a misdemeanor.
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 portion thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases, be declared unconstitutional, invalid, or ineffective.
(Added by Ord. 448-76, App. 11/12/76)