(a) A “Qualifying Neighborhood Outdoor Event” is an event under this Article 6 for the temporary use or occupancy of a public street that meets all the following criteria:
(1) The sponsor of the event (“Sponsor”) is one or more of the following: (i) a non-profit arts and culture organization that provides programming in San Francisco, that is exempt from taxation under Internal Revenue Code Section 501(c)(3), and that is in compliance with all applicable requirements to register with the California Attorney General’s Registry of Charities and Fundraisers; (ii) a business with less than $5 million in annual gross revenue that has a physical place of business within or adjacent to the area in which the proposed event would take place; (iii) a merchant or neighborhood resident association that represents the area in which the proposed event would take place; or (iv) a property and business improvement district that serves the area in which the proposed event would take place;
(2) The event is primarily intended to attract residents and workers from neighboring areas;
(3) The event is free and open to the public;
(4) If incorporating amplified sound, the event does so for a maximum of six hours;
(5) The event occupies a maximum of three continuous blocks; occupies streets in a hub-and-spoke pattern within a one block radius from a central intersection; or is a night market occupying up to six continuous blocks along Irving Street between 19th Avenue and Great Highway, Noriega Street between 19th Avenue and Great Highway, or Taraval Street between 19th Avenue and Great Highway;
(6) The event is a single-day event that involves a street closure for no longer than 24 hours for all event activities, with public programming taking place outdoors within the hours of 8:00 am to 10:00 pm;
(7) As determined by the San Francisco Municipal Transportation Agency (SFMTA), the event does not impact light rail, street car, or cable car operations; impact major streets; require the rerouting of a SFMTA Rapid Line; unduly disrupt vehicle or pedestrian traffic; require substituting trolley buses or rail cars with motor coaches; restrict direct access by SFMTA vehicles to rail stations; or require the SFMTA to shut down electrification of overhead wires; and
(8) For an event that primarily takes place on Recreation and Park Department property, the event does not involve the closure of any street that would not contain public-facing programming during the event.
(b) Application for a Fee Waiver.
(1) A Sponsor seeking a determination of eligibility for a waiver of fees under this Section 6.17 shall file an application with, and on a form provided by, the SFMTA. The SFMTA will determine eligibility based on whether the event is a Qualifying Neighborhood Outdoor Event prior to issuance of an ISCOTT street closure permit.
(2) In order to receive a fee waiver, a Sponsor shall apply for and must receive a determination of eligibility for the fee waiver under this Section 6.17 before applying for an ISCOTT street closure permit. Any Sponsor that has applied for or obtained an ISCOTT street closure permit prior to the effective date of this Section 6.17 will not qualify for a retroactive waiver of any associated fees.
(3) A Sponsor is eligible for fee waivers for up to 12 recurring events over the course of a calendar year, subject to any other applicable limitations in this Section 6.17.
(4) Determination of eligibility for a waiver of fees under this Section 6.17 shall be final and not subject to appeal.
(c) Waiver of Fees.
(1) Upon a determination by the SFMTA that a Sponsor is eligible for one or more fee waivers under this Section 6.17, the Sponsor shall be entitled to such waivers.
(2) Notwithstanding any other provision of this Section 6.17, the proposed closure of a block that requires the rerouting of SFMTA transit service shall only be eligible for three fee waivers per calendar year, regardless of the Sponsor.
(3) Fees subject to waiver include any and all application, permit, staffing, and inspection fees associated with a Qualifying Neighborhood Outdoor Event issued by any of the following departments, excluding fees imposed for a broader purpose beyond the Qualifying Neighborhood Outdoor Event and any fees imposed by the SFMTA.
(A) Department of Public Health, including but not limited to fees for Temporary Food Facility permits under Article 8, Section 452 of the Health Code and fees imposed pursuant to Transportation Code Section 6.6;
(B) Fire Department, including but not limited to fees imposed pursuant to Transportation Code Section 6.6 and fees for Fire Department permits;
(C) Entertainment Commission, including but not limited to One Time Event Permits, One Time Outdoor Amplified Sound Permits, and Sound Truck Permits; and
(D) Police Department, including but not limited to fees imposed pursuant to Transportation Code Section 6.6.
(d) Administration and Implementation.
(1) The SFMTA shall inform relevant City departments of its waiver determinations under this Section 6.17.
(2) The SFMTA may develop rules and/or regulations to implement this program.
(3) Each City department whose fees are waived under this Section 6.17 shall report annually to the SFMTA the events for which fees were waived and the amount of fees waived for each event. The SFMTA shall compile this information and report it annually to the Board of Supervisors and the Mayor.
(e) Sunset Date. This Section 6.17 shall expire by operation of law on June 30, 2027. Upon expiration of this Section 6.17, the City Attorney is authorized to cause this Section 6.17 to be removed from the Transportation Code.