San Francisco County Municipal Code Art. 5.9 Permit Regulations for Vendors

Sec. 5.9-1. General Background and Findings. Sec. 5.9-2. Definitions. Sec. 5.9-3. Permit and Identification Required; Mandatory Display; Proof of Purchase. Sec. 5.9-4. Vendor Permit Type. Sec. 5.9-5. Permit Application; Fee. Sec. 5.9-6. Vending Restrictions and Requirements. Sec. 5.9-7. Exemptions. Sec. 5.9-8. Delegation of Authority for Rulemaking. Sec. 5.9-9. Good Neighbor Policies. Sec. 5.9-10. Outreach and Education. Sec. 5.9-11. Enforcement. Sec. 5.9-12. Reporting Required. Sec. 5.9-13. Undertaking for the General Welfare. Sec. 5.9-14. Severability.

(a) The City and County of San Francisco (“City”) is committed to supporting the growth of City jobs and providing space for new and expanding businesses, while maintaining public health, safety, and welfare. (b) United Nations Plaza (“UN Plaza”) is a 1.66-acre public square that is a key entrance point to the City’s busy Civic Center. UN Plaza has longstanding public safety, health, and welfare challenges due in part to unregulated vending and criminal activity in the area. Unregulated vending contributes to congestion at UN Plaza resulting in the obstruction of pedestrian and chair-user access to the public right-of-way, obstruction of first responders’ lines of sight, and concealment of unlawful activity. Unregulated vending at UN Plaza fuels unlawful activity that leads to a high volume of 9-1-1 calls, incident reports, and arrests in and around UN Plaza’s immediate vicinity, including 4,046 calls for service, 168 incident reports, and 62 arrests at UN Plaza, in 2021 alone. (c) UN Plaza is home to the Heart of the City Farmers’ Market (“Market”), a nonprofit, independent, farmer-operated food justice organization, that has served San Francisco’s low-income Tenderloin neighborhood since 1981. The Market is the largest farmers’ market Electronic Benefits Transfer (“EBT”) program in California, allowing CalFresh, CalWorks, and other cash benefit recipients to access food and cash benefits. Over 20,000 customers rely on the Market for groceries in large part because there are no supermarkets in the Tenderloin neighborhood. Recently, public safety concerns due to unregulated vending and criminal activity have caused the Market to lose five vendors. The unregulated vending and accompanying criminal activity at UN Plaza impact the ability of the City to provide a safe and accessible Market for the public, including families, children, and seniors, as well as the farmers who sell their goods. (d) UN Plaza is heavily patronized year-round. Pre-pandemic, about 25,000 daily weekday San Francisco Municipal Railway (“MUNI”) and Bay Area Rapid Transit (“BART”) public transit riders would access the Civic Center station near UN Plaza, and about 3,500 City, state, and federal employees would make their way to work by passing through UN Plaza. Ridership on BART and Muni have continued to rebound since the depths of the pandemic, particularly in 2021, as much of the economy has reopened and many members of the community have received the COVID-19 vaccine. Further, congestion at UN Plaza is heightened on days that the Market is in operation. (e) Vending, because it has a relatively low barrier to entry, encourages entrepreneurship, represents a significant sector of San Francisco’s local economy, and provides economic opportunity for people to support themselves and their families, which is a City priority. (f) A well-designed vending program is beneficial because it: (1) provides minimum standards for vending, including vendors’ equipment; (2) safeguards pedestrian and chair-user movement on sidewalks, streets, and other public spaces; (3) prevents unsanitary conditions and ensures that trash and debris are removed by vendors; and (4) prevents or minimizes public health, safety, or welfare hazards caused or exacerbated by unregulated vending. (g) In 2018, then-Governor Jerry Brown signed Senate Bill 946 (“SB 946”), which decriminalized street vending across California and constrained local regulatory authority. SB 946 seeks to create entrepreneurial and economic development opportunities for immigrant and low-income communities, increase consumers’ access to desired goods, contribute to a safe and dynamic public space, and promote the safety and welfare of the public by encouraging local authorities to support and properly regulate vending. (h) The City seeks to prioritize health and safety while expanding economic opportunities for those who aspire to vend lawfully in a manner consistent with SB 946. The City recognizes that regulation of vending benefits the City as a whole, as it leads to orderly commerce and safeguards public health. The City seeks to provide vendors with the ability to operate in a safe and professional manner that enhances the public’s experience while providing increased economic opportunities. To achieve these goals, the City needs to restrict and limit vending in certain areas and under certain circumstances to prevent or minimize public health, safety, and welfare concerns, while ensuring that the permit application process is accessible to all vendors, including vendors with limited business experience and limited English proficiency. (i) In 2021, the Port of San Francisco initiated a vending program pursuant to Ordinance No. 118-21 to accommodate vending, including vendors’ equipment, while safeguarding pedestrian and chair-user movement on sidewalks, streets, and other public spaces; to prevent unsanitary conditions and ensure trash and debris are removed by vendors; and to protect the scenic and natural character of the Port of San Francisco’s parks and waterfront, and the recreational opportunities the areas provide, to ensure the Port’s streetscape can remain a vibrant and dynamic marketplace, with unparalleled historic, scenic, and recreational value that can be safely enjoyed by all, which program shall be discontinued and merged with the vending program authorized for the City in this ordinance. (j) On October 6, 2025, Governor Newsom signed Senate Bill 276 (“SB 276”), a statute that grants the City temporary authority to adopt an ordinance requiring a permit to sell merchandise that the City has determined is a common target of retail theft and making the sale of such merchandise on City property, including City sidewalks, without a permit punishable as infractions or misdemeanors, following a written warning; provided that the City has adopted the ordinance on the basis of certain requisite findings based on substanti

an ordinance requiring a permit to sell merchandise that the City has determined is a common target of retail theft and making the sale of such merchandise on City property, including City sidewalks, without a permit punishable as infractions or misdemeanors, following a written warning; provided that the City has adopted the ordinance on the basis of certain requisite findings based on substantial evidence. Notwithstanding the restrictions on the punishment of sidewalk vending without a permit as set forth in SB 946, SB 276 authorizes the City to impose the following punishments for the sale, without a permit, of merchandise that is a common target of retail theft: a written warning for the first violation; followed by an infraction for the second and third violations within 18 months of the first violation; and followed by infractions or misdemeanors punishable by imprisonment in the county jail for a period not to exceed 6 months and/or a fine, for the fourth and subsequent violations within 18 months of the first violation. (k) This Article 5.9 creates a vending program that provides for permitting and regulation of street vendors on City property that is consistent with both SB 946 and SB 276. This Article codifies the enforcement authority granted under SB 276 in Section 5.9-11(f) of the Public Works Code for a period of three years from the effective date of the ordinance in Board of Supervisors File No. 251051.

Pursuant to SB 276, this ordinance may remain in effect for up to three years, subject to annual approval of the requisite written findings by resolution of the Board of Supervisors, and subject to the filing of an annual report, for a period of three years following the effective date. Subsequently, in order to enable the City to continue exercising the enforcement authority under SB 276, at or prior to the completion of the three-year period, the Board would be required to approve a subsequent renewal ordinance that includes the findings required by SB 276. By its terms, SB 276 will become inoperative on January 1, 2031 and shall be repealed as of that date..1 (Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022; amended by Ord. 242-25, File No. 251051, App. 12/10/2025, Eff. 1/10/2026) CODIFICATION NOTE

1. So in Ord. 242-25.

For the purpose of this Article 5.9, the following words and phrases have the following meanings: Administrative Citation. An administrative fine for a violation of this Article 5.9, as described in Section 5.9-11. Certified Farmers’ Market. A farmers’ market operated in accordance with California Health Code Section 440(d) and Chapter 10.5 (commencing with section 47000) of Division 17 of the California Food and Agricultural Code, as each may be amended, and any implementing regulations. City. The City and County of San Francisco. Department. The Department of Public Works. Director. The Director of the Department of Public Works or the Director’s designee. Enforcement Official. Officers, employees, and contractors of the Department, and of such other departments and agencies of the City that the Director authorizes to assist in carrying out enforcement functions in a Memorandum of Understanding or otherwise. Food. Any raw, cooked, or processed edible substance, ice, beverage, or any ingredient used or intended for use or sale in whole or in part for human consumption, or chewing gum. Hallidie Plaza. The area defined by Section 2.01(b) of the Park Code. Merchandise. Any item that is neither Food, nor unpackaged food, nor food that is cooked or prepared onsite, and that is not an art or craft regulated under Article 24 (Regulating Street Artists) of the Police Code. Notice of Violation. A Notice of Violation for a violation of this Article 5.9, as described in Section 5.9-11. Permitting Agency. The City department responsible for issuing Vending permits, which is the Department. Roaming Vendor. A Vendor that moves from place to place and stops intermittently to complete a Vending transaction. Rules and Regulations. The Rules and Regulations of Vendors as described in Section 5.9-8 of this Article. Sidewalk Vendor. Sidewalk Vendor has the meaning set forth in California Government Code Section 51036, as it may be amended. Stationary Vendor. A Vendor that Vends from one or more fixed locations. Swap Meet. A swap meet operated in accordance with Article 6 (commencing with section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, as it may be amended, and any regulations adopted in accordance with that chapter, as they may be amended. Targeted Merchandise. Targeted Merchandise includes Merchandise that is a common target of retail theft in San Francisco, as determined by the Director through the issuance of a Public Works Order, in consultation with the Police Department. The initial list of Targeted Merchandise is included in Public Works Order 212302, and may be amended by the Director up to once per quarter of the City’s fiscal year. Targeted Merchandise may also include prepackaged food items or beverages that are common targets of retail theft in San Francisco, as determined by the Director through the issuance of a Public Works Order, in consultation with the Police Department, but excludes any prepackaged food items or beverages that are being sold along with food items that are prepared for sale onsite. United Nations Plaza. The area defined by Section 2.01(b) of the Park Code. Vend (and variations such as Vends, Vending). To sell, offer for sale, expose or display for sale, solicit offers to purchase or lease, or barter Food or Merchandise. Vending includes offering free samples of Food or Merchandise that are also for sale, negotiating fees for Food or Merchandise, or soliciting customers to enter into commercial agreements. Vendor. A person or entity that Vends Food or Merchandise from a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance, or from one’s person or a stand, display, showcase, table, rack, or other movable structure. The term Vendor includes but is not limited to Roaming Vendor, Sidewalk Vendor, and Stationary Vendor. In addition, if a Vendor Vends as an employee or agent of another person or entity, that person or entity is also a Vendor. The term Vendor does not include a person or entity that Vends from a Mobile Food Facility as defined by Public Works Code Section 184.80.

Written Warning. A written warning for the Vending of Targeted Merchandise without a permit in violation of this Article 5.9, as described in Section 5.9-11. (Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022; amended by Ord. 90-24, File No. 240056, App. 5/10/2024, Eff. 6/10/2024; Ord. 171-24, File No. 240439, App. 7/12/2024, Eff. 8/12/2024; Ord. 242-25, File No. 251051, App. 12/10/2025, Eff. 1/10/2026; Ord. 49-26, File No. 250967, App. 4/10/2026, Eff. 5/11/2026)

PROOF OF PURCHASE. (a) No person may Vend on any City property, including a public right-of-way (as that term is defined in Public Works Code Section 2.4.4) or any other street, sidewalk, alley, walkway, or pedestrian path available to the public, except on property regulated by Article 7 of the Park Code, without first having obtained either a Roaming Vendor permit or a Stationary Vendor permit pursuant to this Article 5.9. (b) A Vendor shall prominently display a valid Vendor permit that corresponds with the Vendor’s business activity while Vending in accordance with this Article 5.9. (c) Upon request by an Enforcement Official, a Vendor shall immediately provide proof of ownership or authorization to sell the Food and/or Merchandise that the Vendor is Vending. The proof of ownership or authorization must demonstrate that the Vendor obtained the Food and/or Merchandise lawfully and not through theft or extortion, as well as Vendor’s legal identification, first name and last name, phone number, and current mailing address. (Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022; amended by Ord. 90-24, File No. 240056, App. 5/10/2024, Eff. 6/10/2024; Ord. 171-24, File No. 240439, App. 7/12/2024, Eff. 8/12/2024; Ord. 242-25, File No. 251051, App. 12/10/2025, Eff. 1/10/2026)

(a) The Department shall issue Vending permits to applicants under Section 5.9-5. Each Vendor permit must: (1) Include a photograph of the Vendor to prevent the sale or transfer of the permit. (2) Identify whether the permit authorizes the permittee to Vend Food, Vend Merchandise, or Vend both Food and Merchandise, except as provided in subsection (b). (b) Notwithstanding subsection (a), the Department may issue a time-limited Vendor permit to a nonprofit corporation that is exempt from federal taxation under 26 U.S.C. Section 501(c)(3), as it may be amended, and which permit may apply to multiple Vendors as further described in the permit. (Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022; amended by Ord. 90-24, File No. 240056, App. 5/10/2024, Eff. 6/10/2024; Ord. 171-24, File No. 240439, App. 7/12/2024, Eff. 8/12/2024)

(a) Department Permit. The Department shall establish a uniform application process through which a Vendor may request, and upon approval receive, a Vendor permit. The application process shall be easily accessible to individuals with limited business experience and limited English language proficiency. The permit application shall require: (1) The name, phone number, and current mailing address of the Vendor. (2) A description of the Food and/or Merchandise that the Vendor intends to Vend. (3) The locations where the Vendor requests to Vend. (4) An attestation by the Vendor that the Vendor will procure the Food and/or Merchandise, whether new or used, through a transaction authorized by law, including but not limited to, bartering and foraging. (5) For any Food and/or Merchandise to Vend, whether new or used, an attestation by the Vendor that the Vendor will maintain proof of ownership or authorization to sell the Food and/or Merchandise and that the Vendor will be able to demonstrate that they obtained the Food and/or Merchandise lawfully and not through theft or extortion, and that the Vendor will produce the documentation of same immediately upon request. (6) A certification by the Vendor that to the Vendor’s knowledge and belief, the information submitted for the permit application is true.

(7) Proof of Identity, as described in Administrative Code Section 95.2 and as it may be amended, of the Vendor. In no event shall the Department inquire into or collect information about an individual’s immigration or citizenship status or place of birth, inquire into or collect information or documentation regarding an individual’s criminal history, or require an applicant to submit fingerprints or a Live Scan, or submit to a background check. (8) If the Vendor is an agent of an individual, company, partnership, corporation, or other entity (each a “principal”), the name and business address of the principal. (9) The Vendor’s California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if applicable. (10) Any other information deemed relevant by the Department. (b) Confidentiality of Permit Application Data. The Department shall maintain confidentiality of Vendor’s personal identifying information to the extent permitted by law. The Department shall inform applicants about the circumstances under which the information they provide in the application could become public or be disclosed. (c) Additional Permit Conditions. (1) Each permit that applies to a Vendor that uses an energy source, including but not limited to propane, butane, or battery, shall be conditioned on the Vendor obtaining approval from the Fire Marshal and complying with sections of the Fire Code that apply to the use of flammable gas, flammable liquids, compressed gas, open flames, and other energy sources. Separate fees may apply and be payable to the Fire Marshal. (2) Each permit for Food Vending shall be conditioned on the Vendor obtaining a permit to operate a food facility from the Department of Public Health pursuant to Health Code Section 452, as it may be amended. Separate fees may apply and be payable to the Department of Public Health. (3) Each Vendor permit issued pursuant to this Article 5.9 and the approval, as applicable, of the Fire Marshal (see subsection (c) (1)) and/or the Department of Public Health (see subsection (c)(2)), shall authorize inspection by the City of the Vendor’s operations at any time during operating hours, as long as the inspecting agency provides at least 48-hours’ notice. (4) The applicable conditions of this subsection (c) are preconditions to the issuance of a Vendor permit. Lapse or revocation of approvals, as applicable, from the Fire Marshal or Department of Public Health shall, by operation of law, automatically invalidate any Vendor permit without further action by the Department. (d) Permit Fee. (1) The Department shall identify the reasonable regulatory costs for the administrative enforcement and any adjudication of this Article 5.9, including but not limited to the Department’s costs to issue permits, perform investigations, conduct inspections, issue administrative citations or other enforcement actions, and audit permittees. The Department shall charge applicants for each Vendor permit and permit renewal an amount that does not exceed the reasonable regulatory costs described in this subsection (d), and may include the actual costs that other agencies, boards, commissions, or departments of the City incur in connection with the processing or administration of this Article 5.9, which fee shall be waived in accordance with California Business and Professions Code Section 16102, as it may be amended, and as applicable. After consulting with the Controller, and by no later than two months after the effective date of the ordinance in Board File No. 211292 establishing this Article 5.9, the Department shall publish on its website a schedule of all fees charged by the Department under this Section 5.9-5, and shall submit that fee schedule to the Clerk of the Board of Supervisors for inclusion in Board File No. 211292. The permit fee shall be adjusted annually in accordance with Public Works Code Section 2.1.2. (2) Notwithstanding paragraph (1), the fee shall not exceed $25 for applicants that meet either of the following conditions: (A) The applicant earns less than 200% of the area median income. (B) The applicant is a current enrollee in, or recipient of, CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income, the State Supplementary Payment Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the California Alternate Rates for Energy (CARE) program established pursuant to Section 739.1 of the California Public Utilities Code, or the Family Electric Rate Assistance program established pursuant to Section 739.12 of the California Public Utilities Code. (3) In addition, separate annual fees may apply and be payable to the Tax Collector, Department of Public Health, and the Fire Marshal for any approvals required by each department. (e) Permit Fee Waiver. In addition to the permit fee limitations in Section 5.9-5(d)(2), the Department shall adopt regulations via Public Works Order authorizing the Director to fully waive fees for new permits and partially waive fees for permit renewals, for reasons including, but not necessarily limited to, economic hardship and a Vendors’ status as a nonprofit corporation exempt from federal taxation under 26 U.S.C. Section 501(c)(3), as it may be amended. The partial waiver of renewal fees shall be on a sliding scale and the amount waived shall be determined based on the economic hardship of each individual Vendor or the financial circumstances of a nonprofit corporation. (f) Permit Expiration. Each Vendor permit shall expire if not renewed by its Renewal Date in subsection (g)(1) unless revoked or unless the Director determines on issuance of the permit that the particular circumstances warrant a permit term of less than one year. (g) Permit Renewal. (1) Each Vendor permit may be renewed an

the financial circumstances of a nonprofit corporation. (f) Permit Expiration. Each Vendor permit shall expire if not renewed by its Renewal Date in subsection (g)(1) unless revoked or unless the Director determines on issuance of the permit that the particular circumstances warrant a permit term of less than one year. (g) Permit Renewal. (1) Each Vendor permit may be renewed annually so long as the Vendor remains in compliance with this Article 5.9, including

payment of all fees due to the City and compliance with the Good Neighbor Policies in Section 5.9-9. 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 Vendor permits. (2) Each Vendor permit renewed by the Department shall be operative for 90 days from the date of renewal, but shall become inoperative if by the end of that 90-day period, the Vendor has not obtained approvals, as applicable, from the Fire Department and Department of Public Health. A permittee shall still owe the renewal fee in subsection (d) if the Vendor permit becomes inoperative under this subsection (g)(2), and shall not be entitled to a refund or proration as a result of the Vendor permit becoming inoperative. (3) Pursuant to Section 76.1 of Article 2 of the Business and Tax Regulations Code, the fees in subsection (d), above, for renewing a Vendor permit 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. If a permittee ceases Vending 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. (h) Application Denial; Appeal. (1) The Department may reject an application for a Vendor permit for any of the following reasons: (A) the applicant failed to provide any required information or prerequisite approvals identified in this Section 5.9-5, or provided incorrect or incomplete information, and failed to correct the application within a reasonable time identified by the Department; (B) the applicant knowingly presented false and material information or knowingly omitted material information; (C) the applicant previously received a permit, which permit was revoked pursuant to Section 5.9-11, and the revocation occurred within one year of the application; (D) the applicant submitted a substantially similar application that was rejected within the past year; (E) the proposed Vending location may lead to or exacerbate objective safety, health, and welfare concerns; or (F) good cause, including but not limited to violations of federal, state, or City law that in the Department’s judgment are relevant to whether the applicant would perform as a Vendor in a lawful manner. (2) The applicant may appeal the Department’s rejection of an application for a Vendor permit in writing to the Director within 30 days of the rejection. The Director may investigate the rejection and consider any claims by the applicant, and shall either affirm or reverse the rejection within a reasonable time following receipt of the written appeal. Upon denial of a permit by the Director, an applicant may appeal the Director’s decision, to the Board of Appeals, in accordance with Section 8 of the Business and Tax Regulations Code, as amended from time to time. (Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022; amended by Ord. 90-24, File No. 240056, App. 5/10/2024, Eff. 6/10/2024; Ord. 171-24, File No. 240439, App. 7/12/2024, Eff. 8/12/2024; Ord. 242-25, File No. 251051, App. 12/10/2025, Eff. 1/10/2026)

(a) Certified Farmers’ Market or Swap Meet. No person, without written approval of the Director, may Vend within the immediate vicinity of a permitted Certified Farmers’ Market or a permitted Swap Meet during the operating hours of that Certified Farmers’ Market or Swap Meet. (b) Temporary Special Permit. No person, without written approval of the Director, may Vend within the immediate vicinity of a temporary special permit issued by the City that authorizes the temporary use of, or encroachment in or on, the sidewalk or other public area, including an encroachment permit, special event permit, or temporary event permit for purposes including filming, parades, or outdoor concerts. This prohibition against Vending shall be effective only for the limited duration of the temporary special permit. Any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the temporary special permit shall also be provided to any Vendor whom the Director previously specifically permitted to operate within the immediate vicinity of the temporary special permit during the period that the temporary special permit is effective. (c) United Nations Plaza. No person, without written approval of the Director may Vend at UN Plaza, unless it is an approved seller in the course of a permitted Certified Farmers’ Market. The Director, in consultation with the General Manager of the Recreation and Park Department or the General Manager’s designee, may approve a Vending permit at UN Plaza if the Director finds that the issuance of such a permit would not objectively undermine public health, safety, or welfare. (d) Hallidie Plaza. The Director, in consultation with the General Manager of the Recreation and Park Department or the General Manager’s designee, may approve a Vending permit at Hallidie Plaza if the Director finds that the issuance of such a permit would not objectively undermine public health, safety, or welfare. (e) Residential Zones. Stationary Vendors may not operate in any RH (Residential, House) districts as defined in the Planning Code. (f) Hours of Operation. Each Vendor permit shall include permissible Vending hours, which shall be consistent and not in conflict with any limitations on hours of operation imposed by federal, state, and City laws, including but not limited to the Police Code and the Planning Code Zoning Control Tables, on other businesses or uses on the streets on which the Vendor operates. Each Vendor shall not

Vend at times other than the hours authorized in the Vendor’s permit. (g) Business Registration. Each Vendor shall register with the Tax Collector pursuant to Article 12 (Business Registration) of the Business and Tax Regulations Code, if applicable. Separate fees may apply and be payable to the Tax Collector. (Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022; amended by Ord. 90-24, File No. 240056, App. 5/10/2024, Eff. 6/10/2024; Ord. 171-24, File No. 240439, App. 7/12/2024, Eff. 8/12/2024)

(a) This Article 5.9 does not govern: (1) Food products being sold as part of a fundraiser by a non-profit entity; or (2) the sale of an art or craft regulated under Article 24 (Regulating Street Artists) of the Police Code; or (3) the operation of, or any sale within, a Certified Farmers’ Market; or (4) the operation of, or any sale within, a permitted Swap Meet; or (5) Vending on property regulated by Article 7 of the Park Code; except UN Plaza and Hallidie Plaza; or (6) Vending within areas permitted under Article 6 (Interdepartmental Staff Committee on Traffic and Transportation (“ISCOTT”)) of the Transportation Code. (b) This Article 5.9 does not supersede or alter Article 24 (Regulating Street Artists) of the Police Code. A Vendor permit authorizing the permittee to Vend either Merchandise or Food and Merchandise in accordance with Section 5.9-4 may also Vend an art or craft regulated under Article 24 (Regulating Street Artists) of the Police Code if the Vendor has obtained a Street Artist Certificate under Article 24 of the Police Code. (Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022)

(a) Rules and Regulations Authorized. The Department, in consultation with the Department of Public Health, Fire Department, Office of Economic and Workforce Development, and Human Rights Commission, may adopt Rules and Regulations related to the administration and enforcement of this Article 5.9, in order to further the purposes of this Article 5.9, and to promote public health, safety, or welfare. The Rules and Regulations may include but are not necessarily limited to: (1) Standards for approving permits. (2) Additional requirements regulating the time, place, and manner of Vending, including prohibiting Vending in certain locations, if the Rules and Regulations are directly related to objective health, safety, or welfare concerns. (3) Notice requirements of new Rules and Regulations regarding the time, place, and manner of Vending, including locations where Vending is prohibited. (4) The process for granting fee waivers. (5) Requirements to maintain sanitary conditions. (6) Requirements necessary to ensure compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336), as it may be amended, and other disability access standards. (7) Requirements necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities. (8) Requirements necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of a park. (9) The process for selecting organizations to accept donated goods pursuant to Section 5.9-11(f)(3). (10) Any other Rules and Regulations in order to further the purposes of this Article 5.9 and promote public health, safety, or welfare. (b) Port of San Francisco. The Port Commission and its Executive Director, in consultation with the Department, may adopt additional requirements regulating the time, place, and manner of Vending within the regulatory jurisdiction of the Port of San Francisco, including prohibiting Vending in certain locations, if the rules and regulations are directly related to objective health, safety, or welfare concerns. Such Rules and Regulations may impose, but are not limited to imposing, (1) further requirements to maintain sanitary conditions; (2) requirements necessary to ensure compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336), as

it may be amended, and other disability access standards; (3) requirements necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities; or (4) requirements necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of a park. (Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022; amended by Ord. 90-24, File No. 240056, App. 5/10/2024, Eff. 6/10/2024; Ord. 171-24, File No. 240439, App. 7/12/2024, Eff. 8/12/2024; Ord. 49-26, File No. 250967, App. 4/10/2026, Eff. 5/11/2026)

(a) Vendors shall operate in accordance with the following good neighbor policies: (1) Vendors shall be individually responsible for any garbage, detritus, or debris that directly results from their Vending activity; (2) Vendors shall contain noise and odors within the immediate area of the Vendor so as not to cause a nuisance to neighbors; (3) Vendors shall urge patrons to not litter and to maintain the safety, cleanliness, quiet, peace, and orderliness of the area; and (4) Vendors shall provide for proper and adequate storage and disposal of garbage, detritus, and debris. (b) The Director may adopt additional and/or more specific good neighbor policies as long as they are consistent with the principles in this Section 5.9-9. (Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022)

(a) The Department shall conduct extensive outreach and education in a manner that is accessible to all Vendors, including Vendors with limited business experience and limited English proficiency, in order to provide Vendors sufficient notice regarding the requirements of this Article 5.9, including information about the application process and good neighbor policies, as well as any applicable Rules and Regulations. (b) The Department shall also provide Vendors information about: (1) How to obtain assistance filling out the permit application. (2) Workforce development opportunities and job placement programs. (c) The Department shall conduct extensive outreach and education prior to the operative date for enforcement of this Article 5.9 as stated in Section 5.9-11(a). (d) If this Article 5.9 is modified to include new requirements or if the Department adopts new Rules and Regulations, the Department shall conduct additional outreach and education for a period of 4 weeks in a manner that is accessible to all Vendors, including Vendors with limited business experience and limited English proficiency, before Enforcement Officials may issue a Notice of Violation concerning a new requirement or new Rule and Regulation pursuant to Section 5.9-11. (Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022)

(a) Nuisance Declaration. Any violation of this Article 5.9 , or of any applicable Rules and Regulations, constitutes a public nuisance. (b) Notice of Violation. Any Enforcement Official may issue a Notice of Violation for any violation of this Article 5.9 , or of the Rules and Regulations that interpret and implement this Article, and as described in subsection (c) below, that occurs on a public right- of-way (as that term is defined in Public Works Code Section 2.4.4) or any other street, sidewalk, alley, walkway, or pedestrian path available to the public. The Notice of Violation shall include: (1) information identifying the Offender, (2) details of the violation, (3) the name or identifying number of the Enforcement Official, (4) a general description of administrative fines, and payment method and options, including the ability-to-pay determination, (5) a general description of the appeals process, (6) information about the requirements of this Article 5.9 and any applicable Rules and Regulations that interpret and implement this Article, (7) information about who to contact for assistance related to this Article 5.9 , and (8) information about workforce development opportunities and job placement programs. (c) Administrative Citation. The Department will use the information included in the Notice of Violation to issue an Administrative

Citation for any violation of this Article 5.9 , or the Rules and Regulations that interpret and implement this Article, as described below, within 15 calendar days of issuing the Notice of Violation: (1) Vending that violates a requirement in this Article 5.9 or in the Rules and Regulations that interpret and implement this Article, other than failure to possess a valid license or permit shall be subject to the following: (A) An administrative fine equal to $100 for a first violation. (B) An administrative fine equal to $200 for a second violation within 12 months of the first violation. (C) An administrative fine equal to $500 for a third violation, and each subsequent violation, within 12 months of the first violation. (D) In addition to any other authorized enforcement activity, the Director may revoke or suspend a Vendor’s permit for the remainder of its term upon a fourth violation within 12 months of the first violation. (2) Vending without a valid permit shall be subject to the following: (A) An administrative fine equal to $250 for a first violation. (B) An administrative fine equal to $500 for a second violation within 12 months of the first violation. (C) An administrative fine equal to $1,000 for a third violation, and each subsequent violation, within 12 months of the first violation. (D) If the Vendor submits proof of a valid permit that was effective at the time of the citation, the administrative fines set forth in subsections (A) through (C) of this subsection (c)(2) shall be reduced to equal the administrative fines set forth in subsections (A) through (C) of subsection (e)(1),1 as those amounts may be revised pursuant to subsection (ce)(5).1 (3) Failure to pay an Administrative Citation described in this subsection (c) shall not be punishable as an infraction or misdemeanor; further, additional fines, fees, assessments, or any other financial conditions beyond those authorized in this subsection (c) may not be assessed. (4) When assessing an Administrative Citation authorized in this subsection (c), the Director shall take into consideration the person’s ability to pay the fine using the criteria described in subsection (a) or (b) of California Government Code Section 68632, as it may be amended. The Enforcement Official shall give notice to the Vendor of the right to request an ability-to-pay determination and instructions or other materials for requesting an ability-to-pay determination. The Vendor may request an ability-to-pay determination at any time while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. The Director’s determination shall be final. If the Vendor meets the ability-to-pay criteria, the Department shall accept 20% of the total administrative fine specified in subsection (c)(1) or (c)(2), as applicable, as full satisfaction. (5) To the extent permitted by State law, the amounts of the administrative fines identified in subsections (A) through (C) of subsections (c)(1) and (c)(2) shall automatically increase or decrease to the maximum amount authorized under California Government Code Section 51039, as it may be amended. If Section 51039 is repealed and not replaced with a similar limitation on administrative fines, then the Director, in consultation with the Controller, may adjust the administrative fine amounts in this Section 5.9-11 each year, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index. (6) Within 30 days of issuance, the Vendor shall pay the Administrative Citation unless the Vendor files a written appeal with the Director. The grounds of appeal are limited to error or abuse of discretion in the issuance of the Administrative Citation. The Director may make an ability-to-pay determination pursuant to subsection (c)(4), but inability to pay shall not be grounds for rescinding the Administrative Citation or reducing the amount required to satisfy the fine to an amount less than the amount specified in subsection (c) (4). The Director shall consider any claims or defenses by the appellant, and shall issue and mail a written decision on the appeal within a reasonable time of receipt of the written appeal. Within 20 days of the Director’s decision upholding a fine in whole or in part, the Vendor shall pay the Administrative Citation. The Vendor may seek judicial review of an Administrative Citation pursuant to subsection (c)(1) in San Francisco Superior Court pursuant to Government Code Section 53069.4. (7) Administrative Citation Issuance Date. For purposes of payment and appeals deadlines, the issuance date of any Administrative Citation delivered by the U.S. Postal Service shall be five calendar days after the date of mailing. (8) Collection of Fines. The failure of any person to pay a fine assessed by Administrative Citation within the required time constitutes a debt to the City. Simple interest at 10% per year shall accrue on unpaid amounts. (d) Temporary Order to Cease Vending and Removal. (1) Any Enforcement Official may order a Vendor to promptly cease Vending when, in the judgment of the Enforcement Official, (A) the Vendor constitutes a safety hazard, including but not limited to impeding the safe use of a public right-of-way by pedestrians or persons with disabilities, or (B) when the presence of an emergency so requires, or (C) if the Vendor is unpermitted. (2) (A) After the Enforcement Official orders an unpermitted Vendor to cease Vending, the Vendor must discontinue any Vending and remove all Food, Merchandise, and any other Vending paraphernalia from property within the City’s jurisdiction. A failure to promptly obey any such order from an Enforcement Official is a violation of this Article 5.9. (B) After the Enforc

ermitted. (2) (A) After the Enforcement Official orders an unpermitted Vendor to cease Vending, the Vendor must discontinue any Vending and remove all Food, Merchandise, and any other Vending paraphernalia from property within the City’s jurisdiction. A failure to promptly obey any such order from an Enforcement Official is a violation of this Article 5.9. (B) After the Enforcement Official orders a permitted Vendor to cease Vending, the Vendor must discontinue any Vending and follow the orders of the Enforcement Official with regard to removing and relocating all Food, Merchandise, and any other Vending paraphernalia, and any other orders the Enforcement Official may give to mitigate safety hazards, and no further Vending may occur until the conditions that caused the order to cease Vending have been abated to the satisfaction of the Enforcement Official. A failure to

promptly obey any such orders from an Enforcement Official is a violation of this Article 5.9. (3) (A) Verbal Warning Followed By Removal of Food, Merchandise, and Vending Paraphernalia. If a Vendor fails, within 10 minutes, to remove Food, or Merchandise, or any other Vending paraphernalia from the location following an order to cease Vending, or fails to follow any other orders the Enforcement Official may issue to mitigate safety hazards, the Enforcement Official or the Department may remove any or all of the items. Prior to removal by the Enforcement Official or the Department, the Enforcement Official shall provide the Vendor a verbal warning of the impending removal and impoundment, and shall urge the Vendor to make every effort to remove the items, or cause their removal. The Department shall document in its records the date and time the verbal warning was provided. (B) Removal of Food, Merchandise, or Vending Paraphernalia Within 120 Days of Verbal Warning. Following a verbal warning from the Enforcement Official at any time within a 120-day period, if a Vendor fails to follow an order to cease Vending, or fails to follow any other orders the Enforcement Official may issue to mitigate safety hazards, the Enforcement Official or the Department may remove any or all Food, Merchandise, or any other Vending paraphernalia from the location subject to the order to cease Vending. (4) Where the Department actually removes any items, the Enforcement Official shall issue an Administrative Citation to the Vendor. The Vendor shall pay the actual costs of removal and storage of any items impounded, and of disposal of any items the storage of which may cause public health, safety, or infestation issues. The Vendor may contest the liability for these costs by timely appealing the Administrative Citation. However, these actual costs to the City are not subject to reduction based on the ability to pay; actual costs are a debt to the City that may be collected in the same manner as provided in subsection (c)(8). Vendor items that have been removed and stored may be recovered by the Vendor within 90 days from the date of removal and upon payment of a sum equal to the costs of removal, plus any reasonable transport and storage costs, as determined by the Department, and any costs incurred by the Department in disposing of any items. If the Vendor filed a written appeal pursuant to subsection (c)(6) and the appeal is not resolved within 90 days, the Department shall continue to store Vendor’s items until the appeal is resolved in order to allow Vendor to recover items. After 90 days, or as soon as the Vendor’s appeal is resolved if longer than 90 days, the Department shall donate non-Food items to organizations providing services to people who are unhoused, as appropriate. Prior to making any donations, the Department shall adopt regulations governing the process for selecting organizations to accept these donated goods. (e) Other Violations. Any violation of this Article 5.9 , or of the Rules and Regulations that interpret and implement this Article, may be subject to one or more of the following: (1) An administrative fine as described in subsection (c). (2) Civil Action. (A) The Department may refer violations to the City Attorney to maintain an action for injunction to restrain to cause the correction or abatement of the violation of this Article 5.9, and for recovery of any City department’s enforcement and abatement costs (including but not limited to costs for removal, storage, impoundment, and disposal). (B) The City shall be awarded its reasonable attorney’s fees and costs incurred in enforcing this Article 5.9, excluding enforcement pursuant to subsection (f) below. (f) Punishment for Vending Targeted Merchandise Without a Permit. (1) Vending Targeted Merchandise without a permit shall be punishable as follows: (A) For the first violation, the Department shall issue a written warning identifying the Targeted Merchandise subject to the unpermitted vending and indicating the date, time, and location of the violation. (B) Second and third violations within 18 months of the first violation shall be punishable as infractions. (C) Subsequent violations after three prior violations, and that occur within 18 months of the first violation, shall be punishable as infractions or misdemeanors by imprisonment in the City jail not to exceed 6 months, or by both that imprisonment and a fine not to exceed $1,000. (2) A violation of this Section 5.9-11(f) resulting in a misdemeanor or an infraction shall be eligible for dismissal pursuant to Section 1203.4a or 1203.425 of the California Penal Code, as applicable. (3) This subsection (f) shall expire by operation of law three years from the effective date of the ordinance in Board of Supervisors File No. 251051, enacting this subsection. Upon the expiration of subsection (f), the City Attorney is authorized to cause this subsection to be removed from the Code. In addition, the City Attorney is authorized to cause the removal of other provisions in this Article 5.9 to conform to the expiration of this subsection, and to make nonsubstantive changes in this Article 5.9 to conform to the expiration of this subsection. Any changes caused by the City Attorney in accordance with this subsection (f)(3) shall be filed in the above-mentioned Board of Supervisors file. (Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022; amended by Ord. 90-24, File No. 240056, App. 5/10/2024, Eff. 6/10/2024; Ord. 171-24, File No. 240439, App. 7/12/2024, Eff. 8/12/2024; Ord. 242-25, File No. 251051, App. 12/10/2025, Eff. 1/10/2026) CODIFICATION NOTE

1. So in Ord. 90-24 and Ord. 171-24.

(a) Triennial Reporting. The Department shall report to the Board of Supervisors regarding the implementation of this Article 5.9, annually for the first three years after the effective date of the ordinance in Board File No. 211292 establishing this Article; and once every three years thereafter. The report shall include but not be limited to the following: number of applications; number of permits issued; number of permits renewed; locations approved for Vending; locations excluded from Vending; outreach and education efforts; outreach and education outcomes; number of Notice of Violations issued; number of written warnings issued; number of Administrative Citations issued; fines collected; and outstanding fines. (b) Annual Reporting on Targeted Merchandise. While Section 5.9-11(f) remains in effect, no later than January 1 of each year, the Department shall submit an annual report to the Board of Supervisors and to the relevant committees of the California Legislature. This annual report shall be submitted in compliance with Section 9795 of the California Government Code. The annual report shall include all of the following: (1) Identification of the Permitting Agency. (2) As applicable, the regulations, rules, and procedures the Permitting Agency has adopted for administering the permit program. (3) The list or lists of Targeted Merchandise. (4) Whether the City has elected to renew its ordinance and, if so, when. (5) The total number of Vending permits issued. (6) The method by which the Permitting Agency determined whether an applicant for a permit was able to demonstrate that they obtained merchandise lawfully and not through theft or extortion. (7) The total number of infractions and misdemeanors issued by the Police Department according to Section 5.9-11(f), and the number for which convictions were reached. (8) The race or ethnicity, gender, and age of the person issued an infraction or misdemeanor, provided that the identification of these characteristics was solely based on the observation and perception of the Police Department. (9) The actions taken by the Police Department when issuing infractions or misdemeanors, including, but not limited to, all of the following: (A) Whether the Police Department asked for consent to search the person, and, if so, whether consent was provided; (B) Whether the Police Department searched the person or any property, and, if so, the basis for the search and any contraband or evidence discovered; and (C) Whether the Police Department seized any property and, if so, the type of property that was seized and the basis for seizing the property. (Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022; amended by Ord. 242-25, File No. 251051, App. 12/10/2025, Eff. 1/10/2026)

In enacting and implementing this Article 5.9, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022)

If any section, subsection, sentence, clause, phrase, or word of this Article 5.9, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Article. The Board of Supervisors hereby declares that it would have passed this Article 5.9 and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of the Article or application thereof would be subsequently declared invalid or unconstitutional. (Added by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022)