San Francisco County Municipal Code Art. 5.8 Permit Regulations for Mobile Food Facilities

CONCERNING PRODUCTS FOR HUMAN CONSUMPTION

Sec. 184.80. Definitions. Sec. 184.81. Permit Required. Sec. 184.82. Exclusions. Sec. 184.83. Mobile Food Facility Application and Fee Provisions. Sec. 184.84. Mobile Food Facility Application Form. Sec. 184.84.1. Corporate Applicants; Exemption. Sec. 184.85. Regulating Mobile Food Facility Locations. Sec. 184.86. Mobile Food Facilities, Maximum Permissible. Sec. 184.86.1. Mobile Food Facilities from Formula Retail Uses. Sec. 184.87. Single Day of Operation for a Mobile Food Facility. Sec. 184.88. Notice of Intent; Appeal of Protest or Denial of Permit. Sec. 184.89. Issuance of Mobile Food Facility Permit. Sec. 184.90. Identification Card. Sec. 184.91. Mobile Food Facility – Inspection and Annual Certificate of Sanitation and Fire Marshal Approval. Sec. 184.92. Mobile Food Facility – Decal and Display. Sec. 184.93. Exhibition of Mobile Food Facility Permit and Other Identifying Information. Sec. 184.94. Good Neighbor Policies. Sec. 184.96. Transfer of Permit.

Sec. 184.97. Suspension and Revocation of Permits. Sec. 184.98. Penalties. Sec. 184.99. Removal of Mobile Food Facilities. Sec. 184.100. Severability.

New Ordinance Notice Publisher's Note: This section has been AMENDED by new legislation (Ord. 49-26 , approved 4/10/2026, effective 5/11/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is operative. For the purpose of this Article the following words and phrases mean and include: BART. San Francisco Bay Area Rapid Transit District. Department. The Department of Public Works. Director. The Director of the Department of Public Works or his or her designated representative. Director of Health. The Director of the Public Health Department of the City and County of San Francisco or a designated representative of the Director of Health. Location. A Mobile Food Facility location is a fixed point or defined route including an approximate duration at specific fixed points and approximate time of day at specific fixed points along the route. Mobile Caterer. Any motorized vehicle wherein or wherefrom wrapped food, foodstuffs, products, liquids or material intended or food or drink for human consumption are sold, served, distributed, or offered for sale at retail or given away to the public. Mobile Food Facility. Any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. Mobile Food Facility does not include a “Transporter” used to transport packaged food from a food facility or other approved source to the consumer or a “compact mobile food operation” as defined in California Health and Safety Code Section 113831(c), as it may be amended from time to time. A Mobile Food Facility does not include any use that sells goods, wares, or merchandise other than food or drink intended for human consumption, or a Vendor holding a valid permit pursuant to Article 5--9.1 For purposes of this Article, a mobile caterer is referred to as a Mobile Food Facility unless specifically stated otherwise. Mobile Food Facility Vendor. Any person or entity engaged in the business of operating a Mobile Food Facility within the City and County of San Francisco. Person. An individual or natural person. Pushcart. Any wagon, cart, or any other food-serving device, whether stationary or movable, wherein or wherefrom any food or foodstuffs are sold, served, distributed, offered for sale at retail, or given away to the public, whether consumed at said pushcart or elsewhere. Pushcart Peddler. Any person or entity engaged in the business of operating a pushcart within the City and County of San Francisco. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010; amended by Ord. 119-13, File No. 120193, App. 6/28/2013, Eff. 7/28/2013; Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022; Ord. 49-26, File No. 250967, App. 4/10/2026, Eff. 5/11/2026) CODIFICATION NOTE

1. So in Ord. 44-22 as amended by Ord. 49-26.

It shall be unlawful for any person, firm or corporation to engage in or carry on the business of a Mobile Food Facility, or to operate, or cause or permit to be operated any Mobile Food Facility upon any public street, sidewalk, alley, or any other public place in the City and County of San Francisco, without first having obtained a permit from the Director accompanied by approval by the Director of Health and the Fire Marshal. This Article shall apply only to Mobile Food Facilities on public right-of-way under the jurisdiction of the Department of Public Works and as defined in Public Works Code Section 2.4.4(t). (Added by Ord. 298-10, File No. 101352, App. 12/3/2010)

(a) The provisions of this Article do not apply to those Mobile Food Facilities distributing food and/or drink for human consumption that operate wholly, and exclusively on streets, drives, alleys, squares, parks, piers, loading facilities, schools, colleges or universities under the jurisdiction of the Recreation and Park Commission of the City and County of San Francisco, the Board of Education of the City and County of San Francisco, or the San Francisco Port Commission and are authorized by said Commissions or Board to maintain stopping places to conduct sales of food and/or drink for human consumption at locations under the authority of said Commissions or Board. (b) A Pushcart Peddler who applies for and receives a permit from BART for operation of a Pushcart at the 16th St. and 24th St. BART stations and the street level plazas adjacent thereto shall not be required to obtain a permit from the Director for that Location, and shall be exempt from the fee, application, and hearing procedures provided for in this Article for that Location. The Pushcart Peddler, however, shall be subject to the provisions set forth in Sections 184.91, 184.92, and 184.94. (c) When an application for a permit to operate a Pushcart is filed with BART, BART shall inform the Director of Health so that the Director of Health may make an investigation into the applicant's proposed Mobile Food Facility. In order to operate the Pushcart, the Peddler shall first obtain an annual Certificate of Sanitation from the Director of Health and pay Department of Public Health fees as set forth in Section 184.83. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010)

(a) Every person desiring a Mobile Food Facility permit pursuant to this Article 5.8 shall file an application with the Director upon a form provided by the Director and shall pay a filing fee of $125, a notification fee of $200, and an inspection fee of $383 for a single Location for the Mobile Food Facility. Each additional Location shall require payment to the Department of a notification fee of $200 per Location, an inspection fee of $383 for the first additional Location and an inspection fee of $191.50 per each additional Location. Separate fees shall be paid to the Department of Health and the Fire Marshal for the annual approvals required by each department for a valid permit under this Article. The fees for the Department of Public Health are set forth in the Business and Tax Regulations Code. (b) Half of the required fees for a single Location and half of the fees for any additional Location(s) shall be paid at the time of application submission and the remainder of the total fee amount shall be paid at the time of the Director's decision on the permit. No refunds are available if the Department disapproves a permit or a Permit Location. (c) Every Permittee desiring to change the Location of the Mobile Food Facility, modify the hours of operation to allow service after 8 p.m., or add a new Location(s) during the term of the annual permit, shall file an application with the Director upon a form provided by the Director and shall pay a filing fee of $85.00 for each Location change or addition of a new Location(s), a notification fee of $200.00 per Location, and an inspection fee of $191.50 per Location. Such requests shall be processed in the same manner as a new permit. (d) Permit Renewal, Annual Renewal Fee, Permit Expiration. (1) The permit renewal date (“Renewal Date”) shall be the date that the Director issues the decision to renew the permit or conditionally renew the permit, and shall be the same day of the year, selected by the Director, for all Mobile Food Facility permits. (2) Every Mobile Food Facility permit is subject to an annual renewal filing fee of $125 per permit. In addition, if during the course of the 12-month period preceding the Renewal Date the Department received one or more substantiated complaints against the permit Location(s) or filed one or more notices of violation against the permit, an additional processing fee of $159.50 per permit shall apply. Inspection fees shall also apply as follows: $576 each for the first two Locations for which substantiated complaints were received or notices of violation were filed and $288 per each additional Location for which substantiated complaints were received or notices of violation were filed. Notwithstanding the foregoing, for fees due under this subsection (d)(2) on or after March 31, 2026, the amount of the fee shall be $0. (3) Pursuant to Section 76.1 of Article 2 of the Business and Tax Regulations Code, the fees in subsection (d)(2), above, shall be due and payable annually on or before March 31, for the 12-month period commencing with the most recent Renewal Date prior to March 31. The March 31 due date shall apply to the most recent Renewal Date prior to March 31, 2022, and to all Renewal Dates thereafter. If a permittee ceases operating the Mobile Food Facility between the Renewal Date and the next March 31, such permittee shall still owe the fees due on that March 31 for the entire 12-month period commencing with the most recent Renewal Date prior to

March 31, and shall not be entitled to any refund or proration. Separate annual fees shall be paid to the Department of Public Health and the Fire Marshal for the approvals required by each department for a valid renewal permit under this Article 5.8. The annual renewal fees for the Department of Public Health are set forth in the Business and Tax Regulations Code. (4) Any Mobile Food Facility permit that the Director renews is not operative unless and until the Mobile Food Facility Vendor has obtained an annual renewal of their Certificate of Sanitation from the Department of Public Health and approval from the Fire Marshal. (5) Permits are renewed annually so long as the Mobile Food Facility remains in compliance with this Article 5.8, including payment of all fees due to the City. Annual renewal of a permit does not constitute issuance of a new permit and does not require notice under Section 184.88. Notwithstanding the above, if, as part of a permit renewal, the permittee is changing the Location that the Mobile Food Facility serves, adding a new Location(s), changing the hours of operation to serve a Location later than 8 p.m.; or making other changes to the Mobile Food Facility that the Director determines require public notice, the Department shall treat such changes as the equivalent of a new permit and require the applicant to satisfy the requirements associated with applying for and obtaining a new permit. (6) Permit Expiration. A permit shall be deemed to expire seven years from the anniversary of the first Renewal Date as long as the permittee remains in compliance with this Article 5.8 during that term. If the permittee elects to pursue a new permit six months prior to such expiration, the existing permittee may apply for a new permit under the same terms as the existing permit and shall be given priority over any other applicants. The only required notice under this Subsection (d)(6) shall be an electronic notice issued by the Department to any individual(s) or organization(s) that have requested such notification by the Department, except that any permittees who have received three or more Notice of Violations by the Department in a period of 24 months prior to their permit expiration shall be required to satisfy all noticing requirements of Section 184.88 of this Article. Any new permit issued in accordance with the terms of this Subsection shall be subject to all applicable provisions of this Article. Subject to Section 184.88, if a protest is filed to request a Departmental administrative hearing on the new permit, the permittee may continue to operate under the provisions of the old permit until a decision is rendered by the Director of Public Works on the new permit. (7) If an existing permittee seeks a new permit for the same Location in accordance with the terms of Subsection (d)(6), but that Location no longer satisfies the requirements of Section 184.85, the Director, under such circumstances, shall strive to authorize a temporary or permanent relocation of the Mobile Food Facility to a comparable Location that meets the requirements of Section 184.85. Any such authorization shall be in writing and available at the Mobile Food Facility prior to issuance of a new permit. Notice related to the proposed temporary or permanent relocation of the Mobile Food Facility shall be subject to all applicable noticing requirements set forth in Subsection (d)(6). (8) If a permittee for a Mobile Food Facility has a valid permit for a specific Location dated on or before July 1, 2013, said permittee is exempt from Subsection (d)(6) as long as the permittee complies with all other applicable terms of this Article 5.8. As part of any permit issuance, renewal, or transfer pursuant to this Article, the Department shall include reference to the original granting date of the Mobile Food Facility permit. (e) The fees set forth in this Section are subject to the fee review and adjustment procedures of Section 2.1.2. (f) Each Mobile Food Facility shall require a separate permit pursuant to this Article. Each permit issued pursuant to this Article shall be valid for only those Locations and hours of operation that the Department approves as set forth in this Article. (g) Notwithstanding Subsection (f), the Director may issue a single permit or permits to an assigned Location(s) for multiple Mobile Food Facilities. The fees for such permit shall be the filing, notification, and inspection fees for a single Location. Under such circumstances, Director also may charge additional permit fees as set forth in Section 2.1.3. All Mobile Food Facilities operating under a single Location permit shall comply with all other provisions of this Article. (h) The Board of Supervisors reserves the right to charge a public right-of-way assessment fee for occupation of the right-of-way by a Mobile Food Facility. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010; amended by Ord. 119-13, File No. 120193, App. 6/28/2013, Eff. 7/28/2013; Ord. 30-22, File No. 220013, App. 2/25/2022, Eff. 3/28/2022; Ord. 279-24, File No. 240926, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/1/2025)

(a) Every person desiring a permit pursuant to this Article shall conform to the requirements set forth in this Section 184.85 and any regulations and rules that the Director adopts pursuant to this Article. (b) The Director may issue a Mobile Food Facility permit only when the Director finds that the following location and time requirements are met: (1) The Location shall: (A) Leave unobstructed path for pedestrian passage on any sidewalk a space not less than 6 feet wide. (B) Satisfy all other locational requirements of the Department. (2) No Mobile Food Facility or Mobile Food Facility Vendor shall peddle food or drink between the hours of 3:00 a.m. and 6:00 a.m., unless the Director has approved such sales after consulting with the Planning Department and the Chief of Police. (3) Notwithstanding any other provision of this Code, no Mobile Food Facility or Mobile Food Facility Vendor shall peddle food or drink: (A) In any residential ("R") district other than a residential-commercial combined ("RC") district as defined in the Planning Code. (B) In the "P" districts, as defined in Section 234 of the Planning Code, that are located on Twin Peaks or in any areas in or adjacent to Open Space Districts located on Twin Peaks. (C) On the sidewalk or street immediately adjacent to property under the jurisdiction of the Recreation and Park Commission other than the areas specified above in Subsection (B) unless written consent is obtained from the General Manager of the Recreation

and Park Department. (D) On the north side of Jefferson Street between Jones and Taylor. (E) Within 500 feet of the property line of any public middle school or junior high school between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday. (F) Within 1,000 feet of the property line of any public high school between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday except that this distance shall be within 750 feet for the following public schools: (i) John O'Connell (Assessor's Block 3593, Lot 04) (ii) Mission High School (Assessor's Block 3579, Lot 006) (iii) Hilltop High School (Assessor's Block 4273, Lot 008) (iv) Galileo High School (Assessor's Block 0475, Lot 001) (v) International Studies Academy (Assessor's Block 4032, Lot 001) (vi) Principal's Center (Assessor's Block 1761, Lot 040) (vii) Civic Center High School (Assessor's Block 0768, Lot 015). (4) Notwithstanding any other provision of this Code, no Mobile Caterer, shall peddle food or drink within a 75-foot radius of any restaurant as measured from the centerline of the primary entrance to the restaurant subject to the following: (A) The restaurant shall be operational at the time the Mobile Food Facility applies for a permit for the particular Location. (B) For purposes of this Subsection, restaurant is defined under Health Code Section 451 and includes only the following food preparation and service establishment permit types: (i) fast food establishment, (ii) restaurant less than 1,000 square feet, (iii) restaurant between 1,000 and 2,000 square feet, and (iv) restaurant greater than 2,000 square feet. Restaurant also includes a take-out establishment as defined in Health Code Section 451. (C) Notwithstanding Subsection (B) above, if the restaurant provides any food product and marketing uses as defined in Health Code Section 440, then it shall not constitute a restaurant for purposes of this Subsection. (D) Notwithstanding this Subsection (4), its terms shall not apply to any Mobile Caterer that would be located in the prohibited area at any time between the hours of 10 p.m. and 6 a.m. the following day. (5) The prohibition set forth in Subsection (4) above shall apply only if a restaurant has direct street access to its primary entrance. (6) Notwithstanding this Subsection (4), if the active street-facing façade of a restaurant extends beyond 75 feet from its primary entrance, no Mobile Caterer shall operate along the curb directly fronting any active street-facing façade. Under no circumstances shall a Mobile Caterer be parked within 50 feet of the active street-facing façade of such a restaurant. (7) Mobile Food Facilities shall be limited to serving one Location no more than three (3) days per week. Such days shall be measured in 24-hour cycles so that they could begin on one day and extend to the following day so long as the subject cycle does not constitute more than 24 consecutive hours at a single Location. (8) The Mobile Food Facility shall comply with all color curb controls. (9) The Mobile Food Facility shall occupy no more than the equivalent of two (2) parking spaces. (10) A Mobile Food Facility shall be permitted to sell any food and/or drink item that the Vendor elects to sell so long as the item and its preparation comply with all applicable State and local laws. (c) Notwithstanding the locational requirements of Subsection (b)(1), if a Pushcart Peddler has a valid permit for a specific Location dated as of July 19, 1995, said Peddler is exempt from Subsection (b)(1)(B) and the Director may issue an exception to Subsection (b)(1) (A) for such Peddler as long as the permitted pedestrian passage satisfies applicable federal and State access requirements. (d) If a Mobile Food Facility has a valid permit dated prior to July l, 2013 for a particular time and Location, said Facility is exempt from the locational requirements of Subsections (b)(4)-(6) for purposes of the specific time(s) and Location(s) identified in said permit. Any modification to such time or Location shall be subject to all the requirements of this Article. (e) The Director, after a public hearing, may adopt such orders, policies, regulations, rules, or standard plans and specifications as he or she deems necessary in order to preserve and maintain the public health, safety, welfare, and convenience. Such orders, policies, regulations, or rules may include, but are not limited to, permit application materials, placement of and information contained on signs, site conditions, accessibility of sidewalks and streets. When such orders, policies, regulations, or rules will affect the operations and enforcement of the Municipal Transportation Agency, the Department of Public Health, or the Fire Department, the Director shall consult with and provide an opportunity to comment to the Director of the affected Department prior to adoption of such orders, policies, regulations, or rule. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010; amended by Ord. 119-13, File No. 120193, App. 6/28/2013, Eff. 7/28/2013)

(a) A Mobile Food Facility that otherwise meets the all the Locational requirements other than Section 184.85(b)(3)(A), has a San Francisco Business Registration Certificate from the Office of the Treasurer and Tax Collector, has an active Certificate of Sanitation by the Department of Health and necessary approvals from the Fire Marshal, shall be eligible to obtain single day permits for a Location pursuant to the review, permit fee, and permit approval process for single day non-construction permits under Sections 724 et seq. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010)

(a) Notice of Intent; Contents of Notice. Following the filing of an application for a new Mobile Food Facility permit under this Article, change of Location of an existing permit, change in hours of operation so that service occurs after 8 p.m., or addition of a Location(s), the Department shall mail Notice of Intent to operate the proposed Mobile Food Facility business at the Location(s) identified in the application. The form for the Notice of Intent shall be provided to each applicant by the Department. Said notice shall include the Location(s) the Mobile Food Facility intends to serve, the days of the week and times for service at each Location, a description of the goods to be sold under the permit, the procedure for obtaining any additional information, and the procedure for filing any protest or opposition to the proposed permit. The applicant also shall provide the Department with a list of all required recipients of the mailed notice and stamped envelopes with the addresses of all such individuals for the purpose of providing mailed notice. Notice shall be provided as follows: (1) If the Mobile Food Facility will operate between the hours of 6 a.m. and 8 p.m., mailed notice shall be sent to all ground floor commercial tenants and any neighborhood organization on the Planning Department list developed pursuant to Planning Code Section 311(c)(2)(C) within the area set forth in Subsection (4) below. (2) If the Mobile Food Facility will operate at any Location between the hours of 8 p.m. and 3 a.m. the following day, mailed notice shall be provided to all property owners, residential tenants, ground floor commercial tenants, and any neighborhood organization on the Planning Department list developed pursuant to Planning Code Section 311(c)(2)(C) within the area set forth in Subsection (4) below. (3) For each physical building address within the area set forth in Subsection (4) below, notice also shall be mailed to the attention of "Building Owner/Manager" at that address and to the address of record for the property owner, if different. (4) (A) If the Mobile Food Facility is a Mobile Caterer, notice shall be given within a Noticed Area. For purposes of this

Subsection, "Noticed Area" shall be defined as all buildings within a 75-foot radius from the outer perimeter of the proposed Location(s) to be served. For purposes of measuring this distance, a Mobile Caterer shall be assumed to occupy 20 linear feet of curbside area. The 75-foot radius shall be measured from the outer boundaries of this assumed curbside area. Notice also shall be provided to all properties across the street that directly front, in whole or in part, the Noticed Area. Notice also shall be posted on a City-owned utility pole or other City facility closest to the proposed Mobile Caterer's proposed Location for at least 10 calendar days prior to the close of the period to request a Departmental hearing. The applicant shall photograph the posted notice, including a date stamp, and submit such photograph to the Department. Such photograph shall satisfy this posting requirement. (B) If the Mobile Food Facility is a Pushcart, notice shall be given within a 300 foot radius of the boundaries of the street address(s) in front of which the Pushcart will be located. If there is no street address, the notice shall be given within a 300 foot radius of the boundaries of the Assessor's Block(s) and Lot(s) in front of which the Pushcart will be located. (b) Protest and Appeal of Proposed Issuance or Denial of Permit. (1) Any person or persons who deem their interests or property or that of the general public will be adversely affected by the issuance of the Mobile Food Facility permit at its intended Location may protest the issuance of said permit by writing to the Director within 30 calendar days from the date listed on the Notice of Intent. Upon receipt of any such written protest during the term of the protest period, the Director will schedule a public hearing to hear all protests or opposition to the issuance of the permit. If there are multiple protests for a single Location or protests for multiple Locations, then the Director shall strive to consolidate all protests at a single hearing. The Director's decision to approve, approve with conditions, or disapprove a permit is appealable to the Board of Appeals within 15 days of the Director's decision. (c) Notice of Hearing. Not less than 10 days before the date of a Departmental hearing scheduled under subsection (b) above, the Director shall cause to be published a notice of such hearing in the official newspaper of the City and County of San Francisco. The Director shall maintain a file of the names and addresses of all persons wishing to receive notice by mail of any application filed pursuant to this Article and of all persons previously notified of the proposed application: Not less than 10 days before the date of such hearing, the Director shall cause to be mailed notice of such hearing to all persons requesting to be so notified. The cost of publishing said notice and any additional mailed notice shall be borne by the Mobile Food Facility permit applicant if the cost exceeds the notification fee set forth in Section 184.83. Such notices published or mailed pursuant to this Section shall contain the following: the name and business address of the applicant, the product or products to be sold, the Location(s) of the proposed sales activity, the days and hours of operation, and whether the application is for a new permit, for a change of an existing permit, or for addition of a new Location(s). (d) At the hearing, the Director may consider the following: (1) Whether the applicant's proposed Location is within a 75-foot radius of a restaurant as set forth in Section 184.85(b)(4) or of any Location previously established and currently being operated by a Mobile Food Facility. (2) Whether three (3) or more Mobile Food Facilities are currently permitted for overlapping times on either side of the street of the same block. (3) Other information deemed relevant to the determination of whether the proposed Location would generate a public safety concern. (4) Whether the sidewalk width at the proposed Location is less than ten (10) feet wide. (5) Whether substantiated evidence exists to refute assertions in the application for the Mobile Food Facility. (e) If an administrative hearing officer conducts the hearing, such officer shall make a recommendation concerning the proposed permit to the Director, who, in his or her discretion, may disapprove, approve, or conditionally approve the proposed permit. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010; amended by Ord. 119-13, File No. 120193, App. 6/28/2013, Eff. 7/28/2013)

(a) The Director may issue a Mobile Food Facility permit within 14 days if no hearing is requested pursuant to this Article, if he or she finds: (1) That the operation, as proposed by the applicant, would comply with all applicable laws, including but not limited to, the provisions of this Article and the San Francisco Municipal Code. (2) That the applicant has not made any false, misleading or fraudulent statements of facts in the permit application or any other document required by the Director or the Director of Health in conjunction therewith. (b) The Director may issue a Mobile Food Facility permit within 14 days following a Departmental hearing as provided herein, based on his investigation and the investigation of the Director of Health, if he or she makes the findings specified above in Subsection (a). (c) Any Mobile Food Facility permit that the Director issues shall be conditioned on the Mobile Food Facility Vendor obtaining a Certificate of Sanitation for the Department of Public Health and approval from the Fire Marshal. If the Certificate of Sanitation and Fire Marshal approval are not obtained within 3 months of the date the Director issues his or her permit decision, the permit shall be automatically revoked.

(d) Notwithstanding the issuance of a Permit for a specific Location(s), such Permit shall be temporarily suspended if any City Department issues a permit for occupancy of the subject Location for street fairs, farmers market, temporary use, street or building construction, or other permitted activities. At the request of the Permittee, the Director may, but is not required, to authorize a temporary relocation of the Mobile Food Facility under such circumstances. Any such authorization shall be in writing and available at the Mobile Food Facility for review by City officials. (e) No permit shall be required under this Article if any City Department issues a permit for occupancy of the subject Location for street fairs, farmers market, temporary use, or other permitted activities as long as the Mobile Food Facility has a Certificate of Sanitation and Fire Marshal approval. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010; amended by Ord. 119-13, File No. 120193, App. 6/28/2013, Eff. 7/28/2013)

The Director shall issue to each permittee an identification card which shall contain the number of the permit in figures plainly discernible. The Director shall determine the manner and form of any other information that may be placed upon this identification card. Such identification card must be in the possession of the operator at all times during hours that the mobile catering vehicle is in operation. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010)

SANITATION AND FIRE MARSHAL APPROVAL. All Mobile Food Facilities having a permit issued pursuant to this Article and the approvals of the Director of Health and Fire Marshal to operate with the City shall be subject to inspection at any time during operating hours. All Mobile Food Facilities shall obtain an annual Certificate of Sanitation and Fire Marshal approval on or before the annual renewal of the Mobile Food Facility permit for the Location(s) of said Mobile Food Facility as specified in said permit. The annual Certificate of Sanitation and Fire Marshal approval shall be at a time and place designated by the Director of Health and Fire Marshal, respectively. Failure to appear for the annual renewal as described above shall be deemed a violation of this Article and may be cause for suspension or revocation of said permit. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010)

(a) The Director of Health shall annually issue a Certificate of Sanitation as a decal. In the case of a Pushcart, the decal shall be affixed to a permanent holder designed to display such decal. In the case of a Mobile Caterer, the decal shall be affixed to the lower right- hand corner of the windshield. The number assigned to each Mobile Food Facility shall be forwarded to the Director and/or BART depending on the Location of the Mobile Food Facility. (b) Mobile Food Facilities shall be maintained in good repair and in good sanitary condition at all times. (c) Mobile Food Facilities shall have the permittee's name and address painted on both sides of the Facility in letters at least three inches in height. In the case of Pushcarts, the Director may waive or modify this requirement based on size constraints of the Pushcart. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010)

IDENTIFYING INFORMATION. (a) Upon demand by any Police Officer, the Director, the Director of Health, or the Fire Marshal, each Mobile Food Facility Vendor or Mobile Food Facility employee shall produce the Mobile Food Facility permit, a valid San Francisco Business Registration Certificate from the Office of the Treasurer and Tax Collector, a valid Certificate of Sanitation, an identification card, a description of the approved Location(s) and hours of operation for a Mobile Food Facility, and all other documents required under this Article so that the Location of the Mobile Food Facility may be checked and verified.

(b) The permit, business license, decal confirming a valid Certificate of Sanitation, identification card, and a description of the approved Location(s) and hours of operation for a Mobile Food Facility shall be displayed in a manner where it is in plain view of the public at all times or as otherwise prescribed by the Department. (c) If the Municipal Transportation Agency authorizes use of a no parking sign for Mobile Food Facilities, a Mobile Food Facility Vendor may display such sign(s) at the Location of the Mobile Food Facility pursuant to any Municipal Transportation Agency rules and regulations for posting of such signs. (d) A Mobile Food Facility Vendor is prohibited from placing any freestanding A-frame, display, sign, or other obstruction on the public right-of-way with the exception of refuse collection receptacle. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010; amended by Ord. 119-13, File No. 120193, App. 6/28/2013, Eff. 7/28/2013)

Mobile Food Facilities shall be managed in accordance with the following good neighbor policies: (a) The quiet, safety, and cleanliness of the Mobile Food Facility Location and its adjacent area shall be maintained; (b) Proper and adequate storage and disposal of debris and garbage shall be provided; (c) Noise and odors shall be contained within immediate area of the Mobile Food Facility Location so as not to be a nuisance to neighbors; (d) Notices shall be prominently displayed urging patrons to leave the Mobile Food Facility premises and neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways in the neighborhood; and, (e) Employees of the Mobile Food Facility shall walk a 100-foot radius from the Location some time within 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010)

(Added by Ord. 310-18, File No. 181026, App. 12/21/2018, Eff. 1/21/2019; expired 9/16/2021)

No permit shall be transferable except with the written consent of the Director with the approval of the Director of Health, such consent and approval shall not be unreasonably withheld. The application for such transfer shall contain the same information as requested herein for an initial application for such a permit and shall be accompanied by the same filing and inspection fees as for an initial application and, with the exception of any Mobile Food Facility permit issued on or before July 1, 2013, shall comply with all applicable provisions of this Article; provided, however, that no notice is required for a transfer. Upon approval of said transfer, the transferee shall retain the original permit granting date and all of the transferor's rights under this Article. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010; amended by Ord. 119-13, File No. 120193, App. 6/28/2013, Eff. 7/28/2013)

(a) The Director may suspend or revoke for good cause any permit or any permit Location, which has been issued pursuant to this Article, if he finds, after a noticed public hearing, that such permit holder has engaged in or been found guilty of any of the following acts: (1) Fraud, misrepresentation, or false statement contained in the application for permit. (2) Violation of provisions of State law regarding Mobile Food Facilities, the State Vehicle Code, this Article or any of the regulations or rules adopted pursuant to this Article, the San Francisco Municipal Code, or a determination of violation by the Director of Public Health under Subsection (b).

(3) Any violations occur as specified herein for another Mobile Food Facility permit issued to the same permittee. (4) The Mobile Food Facility Vendor is operating in a manner that negatively impacts the public health, safety, convenience, or welfare. (5) The Mobile Food Facility Vendor habitually violates the Good Neighbor Policies set forth in Section 184.94. (6) The Mobile Food Facility has not operated in the permitted Location for a period of six (6) months or more. (b) The Director also may suspend or revoke a permit if he or she determines that the public interest necessitates use of the Mobile Food Facility Location for a different public purpose, such as a bicycle lane, traffic reconfiguration, bulb-out, bus-stop, or other pedestrian, bicycle, vehicular safety measure consistent with City policies. If a permit is revoked or suspended for this purpose, the Director, under such circumstances, shall strive to authorize a temporary or permanent relocation of the Mobile Food Facility to a comparable Location. Any such authorization shall be in writing and available at the Mobile Food Facility for review by City officials. (c) The Director of Health also is authorized to revoke a Certificate of Sanitation if he or she finds violations of the Health Code or State law regarding Mobile Food Facility uses. This revocation may be in addition to or separate from any action that the Director takes. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010; amended by Ord. 119-13, File No. 120193, App. 6/28/2013, Eff. 7/28/2013)

(a) If the Director determines that the permittee has exceeded the scope of the permit, either in terms of duration or area, or determines any other violation of the permit terms or conditions has occurred, the Director shall order the permittee to correct the violation within a specified time period. If any person has occupied public right-of-way without a permit, the Director shall immediately order the violator to vacate the occupied area. (b) Failure to pay any fee assessed under these provisions shall constitute good cause for immediate revocation of the permit or removal of unpermitted obstructions. (c) Criminal Penalty. (1) Any person who shall violate any of the provisions of this Section shall be guilty of an infraction at each location where such violation occurs. Every violation determined to be an infraction is punishable by (A) a fine not exceeding $100 for the first violation within one year; (B) a fine not exceeding $200 for a second violation within one year from the date of the first violation; (C) a fine not exceeding $500 for the third and each additional violation within one year from the date of the first violation. (2) When a government official authorized to enforce this Section has reasonable cause to believe that any person has committed an infraction in the official's presence that is a violation of this Section, the official may issue a citation to that person pursuant to California Penal Code, Part II, Title 3, Chapters 5, 5C, and 5D. (d) Civil Penalties. (1) The Director may call upon the City Attorney to maintain an action for injunction to restrain or summary abatement to cause the correction or abatement of the violation of this Article, and for assessment and recovery of a civil penalty and reasonable attorney's fees for such violation. (2) Any person who violates this Article may be liable for a civil penalty, not to exceed $500 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City by the City Attorney in any court of competent jurisdiction. In assessing the amount of the civil penalty, the court may consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant's misconduct, and the defendant's assets, liabilities, and net worth. The City Attorney also may seek recovery of the attorneys fees and costs incurred in bringing a civil action pursuant to this Section. (e) Administrative Penalty. In the alternative to the criminal or civil penalties authorized by Subsections (c) and (d) of this Section, Department of Public Works officials designated in Section 38 of the Police Code may issue administrative citations for such violations. The administrative penalty shall not exceed $1,000 per day for each violation. Notwithstanding the above limitation, should a violation not be corrected as the Director has ordered or in the case of occupation without a permit, the permittee or person shall pay a penalty fee of up to $5,000 per day for each day of violation. Such penalty shall be assessed, enforced, and collected in accordance with Section 39-1 of the Police Code. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010; amended by Ord. 119-13, File No. 120193, App. 6/28/2013, Eff. 7/28/2013)

(a) Removal By Director, Public Nuisance or Emergency. The Director of Public Works is authorized to order the immediate removal of a Mobile Food Facility when, in his or her opinion, the Mobile Food Facility has no permit, constitutes a safety hazard or public nuisance, or when the presence of an emergency requires removal of the Mobile Food Facility. After notification by the Director of the removal order the Mobile Food Facility shall be removed immediately from the street area by its owner. If the owner does not remove the Mobile Food Facility immediately, the Director may order the Department to remove the Mobile Food Facility. The owner shall pay to the City the costs of removal. No Mobile Food Facility shall be placed at that location until the conditions which have caused the removal order shall have been abated to the satisfaction of said Director. (b) The Director is authorized to remove, or cause to be removed, any Mobile Food Facility placed in a street or sidewalk area in violation of any other provision of this Article. Removal shall take place no earlier than 48 hours after notice is given describing the violation(s). The notice shall be both mailed to the pushcart owner and placed in a conspicuous manner on the Mobile Food Facility, and shall contain the following: (1) The condition(s) violated, (2) The date and time of posting, (3) The location of the Mobile Food Facility, (4) The identify of the person giving the notice, (5) A statement giving notice of 48 hours to remedy the violation(s). (c) Mobile Food Facilities that have been removed may be recovered within ninety (90) days from the date of seizure and upon payment of a sum equal to the cost of removing said Mobile Food Facility including a 20 percent charge for administrative costs as determined by the Department, and any costs incurred by the Department in disposing of any materials contained in the Mobile Food Facility. Costs incurred as a result of removal under this Section are in addition to any fines or penalties incurred under Section 184.96. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010)

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 part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more section, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. (Added by Ord. 298-10, File No. 101352, App. 12/3/2010)