San Francisco County Municipal Code Art. 5 Street Flower Markets

Sec. 155. Designation of Locations. Sec. 156. Authority to Issue Permits. Sec. 157. Application for Permit. Sec. 158. Investigation and Inspection—Rules and Regulations. Sec. 159. Permit—Permit Fee. Sec. 161. Permit Conditions and Restrictions. Sec. 162. Suspension, Modification, or Revocation of Permit; Appeal of Permitting Decisions. Sec. 163. Violations. Sec. 164. Severability.

SEC. 155. DESIGNATION OF LOCATIONS. Sidewalk flower stands shall be located within the following designated street flower market areas upon the sidewalks of the City and County of San Francisco. 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 Market Street and 5th 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; Ord. 46-26, File No. 260133, App. 3/26/2026, Eff. 4/26/2026) SEC. 156. AUTHORITY TO ISSUE PERMITS. The Director of Public Works is hereby authorized and empowered to issue permits for the maintenance of sidewalk flower stands at the locations specified in Section 155 of this Article 5. In considering the issuance of sidewalk flower stand permits and in prescribing the location of such stands within the areas set forth in Section 155, 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 and nearby residents. In consultation with the Office of Small Business, the Department of Public Works (the “Department”) shall also consider the unique needs and qualifications of small businesses in San Francisco. (Amended by Ord. 46-26, File No. 260133, App. 3/26/2026, Eff. 4/26/2026) SEC. 157. APPLICATION FOR PERMIT. Each application for a sidewalk flower stand permit shall include all information that the Department requires including but not limited to the applicant’s name, phone number, email address, mailing address, physical address, and Proof of Identity, as defined in Administrative Code Section 95.2, as may be amended from time to time. (Amended by Ord. 461-74, App. 10/3/74; Ord. 46-26, File No. 260133, App. 3/26/2026, Eff. 4/26/2026) SEC. 158. INVESTIGATION AND INSPECTION—RULES AND REGULATIONS. 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.

SEC. 159. PERMIT—PERMIT FEE. No person or business shall operate, maintain, or conduct business in any sidewalk flower stand in the City and County of San Francisco without first obtaining a permit to so do, along with any other required permits. When any application for a sidewalk flower stand permit shall be granted by the Director of Public Works, the permit shall be issued only upon the payment of the initial fees set forth in Section 2.1.1 of this Code. Permittee shall thereafter pay annually, in advance, the renewal fees set forth in Section 2.1.1, 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; Ord. 46-26, File No. 260133, App. 3/26/2026, Eff. 4/26/2026) SEC. 160. [RESERVED.] (Repealed by Ord. 46-26, File No. 260133, App. 3/26/2026, Eff. 4/26/2026) SEC. 161. PERMIT CONDITIONS AND RESTRICTIONS. The issuance of permits and licenses and the maintenance of sidewalk flower stands by the persons granted permits hereunder shall be subject to and comply with all of the following conditions and restrictions: (a) No permanent stands of any kind shall be erected on the sidewalks of said locations; the permittee of each sidewalk flower stand shall be solely responsible for the costs of installing, repairing, modifying, and removing the permittee’s sidewalk flower stand. The permittee shall be billed and shall pay for any costs incurred by the City to remove the permittee’s sidewalk flower stand. (b) The design and construction of all sidewalk flower stands placed at the locations designated in Section 155 of this Article 5 and the maintenance of said stands shall be subject to the approval of the Director of Public Works; provided, that no such flower stand shall exceed the following dimensions: 10 feet in length and three feet in width, and any person or business having a permit to maintain and operate a sidewalk flower stand as provided in Sections 155 to 162 of this Article may maintain and operate a stand exceeding 10 feet in length and three feet in width, and no part of the permittee’s display or activities may take place in an area that exceeds five feet in width and 20 feet in length. (c) No more than one sidewalk flower 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. The permittee shall be present at the sidewalk flower stand for at least 50% of the sidewalk flower stand’s hours of operation. (e) Measured by the percentage of the footprint of the sidewalk flower stand that is occupied by the specified merchandise or the vessels containing such merchandise, a minimum of 75% of the square footage of the footprint of each sidewalk flower stand shall be dedicated to the storage or sale of cut flowers, floral arrangements, evergreens, potted flowers or plants, shrubs, and wearable flowers (together “Eligible Flowers and Plants”), and a maximum of 25% of the square footage of the footprint of each sidewalk flower stand shall be dedicated to the storage or sale of accessories related to Eligible Flowers and Plants. Only Eligible Flowers and Plants and related accessories shall be displayed or sold at any stand. (f) No rubbish, cuttings, or debris resulting from the operation of the sidewalk flower stand shall be deposited in any public waste container. (g) Each sidewalk flower stand shall operate for a minimum of 35 hours per week. No sidewalk 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 owner, landlord, lessee, or occupant of any premises in the block occupied by a sidewalk flower stand as provided for herein, and no permittee, shall receive rent or any remuneration directly or indirectly for the space occupied by such sidewalk flower stand or its operation. (i) No individual shall be issued a permit for more than one sidewalk flower stand. Each permittee shall be prohibited from leasing or sub-leasing any sidewalk flower stand. (j) Each person operating a sidewalk flower 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 that is satisfactory to the City’s Risk Manager. Said policy shall directly protect the City and County of San Francisco, including by designating its officers, employees, and agents as named insureds, and shall provide that the insurance will operate as primary insurance and no other insurance effected by the City will be called on to contribute to a loss covered by said policy. Permittee shall provide 30 days’ notice of cancellation or material change to the Director of Public Works. Said policy shall be approved in writing by the Director of Public Works. A copy of the policy and the certificate shall be filed with the Director of Public Works. (k) Within 48 hours of the removal of a sidewalk flower stand, the permittee shall restore the sidewalk to a condition acceptable to the Director of Public Works. The permittee shall be billed and shall pay for any costs incurred by the City to remove the permittee’s sidewalk flower stand.

(l) The permittee shall agree to hold harmless, defend, and indemnify the City and County of San Francisco, including, without limitation, each of its commissions, departments, officers, agents, and employees from and against all losses, liabilities, expenses, actions, claims, demands, injuries, damages, fines, penalties, suits, costs, and/or judgments, including, without limitation, attorneys’ fees and costs (collectively, “Claims”) caused by reason of the placement, maintenance, repair, operation, and/or removal of the sidewalk flower stand, and the permittee shall be solely liable for any Claims caused by reason of the installation, maintenance, repair, operation, and/or removal of the sidewalk flower stand and the permittee shall be solely liable for any Claims occasioned by any act or neglect in respect to the installation, maintenance, repair, operation, and/or removal of the sidewalk flower stand. Approval of insurance shall in no way relieve the permittee from liability under this hold harmless clause. (m) There shall be no liability on the City or upon any of its officers, agents, or employees for any damage sustained by the permittee, employee, owner, or operator of any sidewalk flower 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. (n) No flower stand permit shall be sold, assigned, inherited, or otherwise transferred. In the event that a sidewalk flower stand location ceases to have a permittee, Public Works may elect to issue a permit to an eligible applicant in consultation with the Office of Small Business. (o) No business or person that engages in any retail sales or service activity that constitutes Formula Retail, as defined in Planning Code Section 303.1(b), as may be amended from time to time, shall be eligible to obtain a sidewalk flower stand permit. (Amended by Ord. 448-76, App. 11/12/76; Ord. 226-87, App. 6/19/87; Ord. 46-26, File No. 260133, App. 3/26/2026, Eff. 4/26/2026) SEC. 162. SUSPENSION, MODIFICATION, OR REVOCATION OF PERMIT; APPEAL OF PERMITTING DECISIONS. (a) The permittee of any sidewalk flower stand, licensed hereunder, who shall violate any of the restrictions and conditions set forth in Section 161 of this Article 5, or any rule or regulation of the Director of Public Works adopted pursuant to Section 158 of this Article, shall be subject to the suspension or revocation of the permit by said Director. (b) The Director is authorized to initiate proceedings to suspend or revoke the permit for any reason including but not limited to the permittee’s failure to comply with any of the permit’s conditions of approval; the sidewalk flower stand poses a threat to public safety, health, or welfare; or all or a portion of the public right-of-way on which the sidewalk flower stand is located, or a portion of public right-of-way near a sidewalk flower stand, is required for a different public purpose. (c) To initiate revocation proceedings, or to suspend or modify a permit, the Director shall provide the permittee with written notification, to the permittee’s address on file with the Department, of the time and date of a public hearing to consider the grounds stated in the written notification for revoking, suspending, or modifying the permit. Following the public hearing, the Director may issue an order revoking, suspending, or modifying the permit. If the failure to comply with the conditions of approval poses an imminent threat to public safety, health, or welfare, the Director shall immediately suspend the permit pending a final decision to revoke, suspend, or modify the sidewalk flower stand permit. The Director’s modification, revocation, or suspension of a permit may be appealed under subsection (c). Following the final decision of the Director or the Board of Supervisors, if applicable, to revoke the permit, the former permittee shall remove the sidewalk flower stand and restore the public right-of-way to a condition satisfactory to the Director. Any restoration shall be performed at the sole and absolute expense of the former permittee. (d) Within 15 days following the Director’s approval, denial, or revocation of a permit, any person may file a notice of appeal with the Clerk of the Board of Supervisors. Pending a decision by the Board of Supervisors, the Director’s decision to approve, deny, modify, or revoke a permit shall be suspended. The Board of Supervisors may affirm, reverse, or modify any permit decision made by the Director under the provisions of this Article 5. The decision by the Board of Supervisors is final. (Amended by Ord. 46-26, File No. 260133, App. 3/26/2026, Eff. 4/26/2026) SEC. 163. VIOLATIONS. Any violation of this Article 5 or any rule or regulation adopted pursuant thereto shall be deemed a public nuisance subject to enforcement actions pursuant to Administrative Code Chapter 100, which is hereby incorporated in its entirety, Administrative Code Chapter 80, and Police Code Section 39-1. (Amended by Ord. 46-26, File No. 260133, App. 3/26/2026, Eff. 4/26/2026) SEC. 164. SEVERABILITY.

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)