San Francisco County Municipal Code Art. 5.5 Distribution of Free Sample Merchandise

ON PUBLIC PROPERTY

Sec. 184.50. Authority to Issue Permits. Sec. 184.51. Permit Requirement. Sec. 184.52. Permit: Application, Fee, Term. Sec. 184.53. Performance Bond and Waiver Provision. Sec. 184.54. Violation and Misdemeanor.

Sec. 184.55. Denial of Permit.

The Director of Public Works or his designee is hereby authorized and empowered to issue permits for the distribution of free merchandise or free sample goods for the purpose of advertising any merchandise, commodity, property, trade, business, service, art or skill, on any street, sidewalk or public right-of-way in the City and County of San Francisco. In determining the issuance of such permits, the Director of Public Works or his designee shall consider the convenience and necessity of pedestrians, property owners, occupants, tenants or of offices, stores or shops in the vicinity, the dimensions of the public property area, location of nearby fire hydrants and similar factors. (Added by Ord. 497-85, App. 11/15/85)

It shall be unlawful for any person, firm, association or corporation, directly or indirectly, upon any street, sidewalk or public right-of- way in the City and County of San Francisco to cast, throw, deposit, place, post, affix, circulate or distribute, or to cause to be so cast, thrown, deposited, placed, posted, affixed, circulated or distributed any free merchandise or free sample goods for the purpose of advertising any merchandise, commodity, property, trade, business, service, art or skill, without first having obtained a permit therefor from the Director of Public Works or his designee. (Added by Ord. 497-85, App. 11/15/85)

(a) Permit Application. Application to the Director of Public Works for a permit to distribute free merchandise or free sample goods as herein provided shall be made on a form provided by the Department of Public Works and shall contain the following information: (1) The name and address of the applicant; (2) The name or names of the applicant's employees or agents who will distribute the free merchandise or free sample goods; (3) The location or locations where the applicant or his employees or agents will distribute the free merchandise or free sample goods; (4) The date or dates upon which the applicant or his employees or agents will distribute the free merchandise or free sample goods; (5) The hour or hours during which the applicant or his employees or agents will distribute the free merchandise or free sample goods. (b) Permit Fee. Each application for a permit pursuant to this Article must be accompanied by a check or money order in the amount of $100 per day payable to the Department of Public Works of the City and County of San Francisco. Said fee shall compensate the Department for the cost of processing the application and the cost of inspecting the property at the termination of the permitted activity to ensure that the property has been restored to its original condition. (c) Permit Term. Permits issued pursuant to this Section shall expire at the end of the last date on which the applicant indicated on the permit application that it would distribute the free merchandise or free sample goods, but in any event the permit shall expire no more than 30 days after the date of issuance. (Added by Ord. 497-85, App. 11/15/85; amended by Ord. 401-87, App. 9/25/87; Ord. 255-92, App. 8/7/92)

(a) Performance Bond. (1) Upon submitting the application, each applicant for a permit pursuant to this Article shall post a performance bond with the

Director of Public Works or his designee to insure that public property is restored and cleaned of litter at the conclusion of the permitted activity. Said performance bond shall be in the form of a cashier's check payable to the Department of Public Works of the City and County of San Francisco in the amount of $500. At the termination of the permitted activity the Department of Public Works shall refund the amount of the performance bond to the applicant as soon as the public property has been restored to its original condition to the satisfaction of the Director of the Department of Public Works or his designee. In no case shall the performance bond be returned before the property is restored to its original condition. (2) The applicant may submit a performance bond for a lesser amount upon a determination by the Director of the Department of Public Works or his designee that because of the limited duration of the proposed activity the cost of restoring the public property to its original condition will total less than $500. (3) The Director of Public Works or his designee may require the permit applicant to post a performance bond for a greater amount upon determination by the Director of Public Works or his designee that because of the nature and duration of the proposed activity the cost of restoring the public property to its original condition will total more than $500. Prior to requiring a performance bond for an amount greater than $500, the Director of the Department of Public Works shall adopt guidelines for the Department to follow in determining the circumstances under which the restoration costs will exceed $500. (b) Waiver Provision. The Director of Public Works or his designee shall waive the performance bond requirement if the applicant certifies in writing that (1) the purpose of the activity is First Amendment expression and (2) the cost of the performance bond is so financially burdensome that it would constitute an unreasonable prior restraint on the right of First Amendment expression. (Added by Ord. 497-85, App. 11/15/85)

Any person, firm, association or corporation violating any of the provisions of this Article shall be guilty of a misdemeanor. (Added by Ord. 497-85, App. 11/15/85)

Upon the denial of a permit by the Director of Public Works or his designee, an applicant may file a notice of appeal to the Board of Permit Appeals. (Added by Ord. 497-85, App. 11/15/85)