San Francisco County Municipal Code § 6.4 Street Fairs

(Added by Ord. 121-26, File No. 260449, App. 6/26/2026, Eff. 7/27/2026) (Former Sec. 6.4 amended by Ord. 287-08, File No. 081340, App. 12/5/2008; repealed by Ord. 121-26, File No. 260449, App. 6/26/2026, Eff. 7/27/2026)

(a) General. Notwithstanding any other provisions of this Code or the Administrative Code, the regulation of Street Fairs, including the process for obtaining permits from the City and the payment of associated fees to the City, shall be governed by this Section 6.4. (b) Application Timeline. (1) 90 Days. In order to provide for the safe, orderly and cost-effective conduct of street fairs, any organization seeking permission for the temporary use of a street for a Street Fair shall file an application with the Director at least 90 days before the proposed date for the event. (2) Late Application. No person submitting an application after the deadlines set forth in this Section 6.4.1 shall be granted permission to conduct a Street Fair on the dates requested unless the person demonstrates to the satisfaction of the Director that the failure to submit a timely application was justified by extraordinary circumstances; provided, however, that in no event shall an applicant be permitted to file an application less than 60 days prior to the proposed date for the event. The MTA Board of Directors may establish a late fee for untimely filed applications. (c) Application Form. Applications shall be submitted on forms prepared by the Director after conferring with the appropriate representatives from the ISCOTT Members. (d) Application Fee. At the time of filing an application under this Section 6.4.1, the Sponsor shall also submit an application fee established by the MTA Board of Directors. (Added by Ord. 121-26, File No. 260449, App. 6/26/2026, Eff. 7/27/2026)

(a) Review by Director. Upon receiving an application for a Street Fair, the Director shall review the application to determine whether the applicant has provided the required information. If the Director determines that the applicant has failed to provide the information required, the Director shall, within five business days of receiving the application, notify the applicant of what additional information is required. If the applicant fails to provide the additional information required within five business days of notification by the Director, the application shall be deemed to be untimely filed; provided, however, that upon good cause shown, the Director may extend this five-day period. The Director shall transmit a complete application to ISCOTT. (b) Review by ISCOTT; Recommendation. Except as provided in Section 6.8 of this Article, no later than 60 days before the proposed date of the Street Fair, ISCOTT shall review the application and recommend that the Director grant, deny, or grant with conditions the application for a permit. The Director may accept or reject ISCOTT’s recommendation, and may grant, deny, or grant with conditions the application for a permit. Upon granting permission to conduct a Street Fair, the Director shall cause all necessary permits to be issued to the Sponsor. If the Director denies the application, the Director shall state in writing their reasons for the denial. (c) Notice. The Director shall transmit copies of a Street Fair permit to the Chief of Police, the Fire Chief, the Director of Public Works, the Executive Director of the Entertainment Commission, the Director of the Environmental Health Section of the Department of Public Health, and the Superintendent of Emergency Hospital Service of the Department of Public Health. (d) Insurance. Street Fair Sponsors shall be required to file with the Director proof of insurance in accordance with Section 6.7(a). (e) Conditions. In addition to any other conditions imposed by the Director, any Street Fair shall be subject to the conditions set forth in Section 6.6. (f) Authorization to Sell Goods; Unauthorized Sales. The Sponsor of a Street Fair shall determine which individuals or organizations may sell goods or merchandise at the Street Fair; such authorization shall not be withheld on the basis of the race, sex, religion, creed, national origin, or sexual orientation of the person seeking authorization. Individuals seeking to sell goods or merchandise at a Street Fair without the Sponsor’s authorization may be cited. Nothing in this Section 6.4.2 shall be construed to deprive the Department of Public Health of its authority to determine that foods or beverages may be sold. (Added by Ord. 121-26, File No. 260449, App. 6/26/2026, Eff. 7/27/2026)

(a) Street Fair Fees. No later than 60 days before the proposed date of the Street Fair and in consultation with other City departments, ISCOTT shall determine the fee to be charged for the permit according to the schedule below, subject to the fee waiver provisions for Qualifying Neighborhood Outdoor Events under Section 6.10. No other fee for conducting a Street Fair shall be required or assessed. All fees paid by the Sponsors for Street Fair permits shall be deposited in the City Treasury and allocated by the Controller to the appropriate City departments. The fee shall be based on the actual costs to the City of temporarily closing the street, pursuant to the following fee schedule: (1) Fire Department. (A) Application fee $330.00 (B) Inspection fee–Food vendors using propane, butane, charcoal briquettes or open flame: First Day of Street Fair First Day of Street Fair 1 to 10 food vendors $468.00 11 to 20 food vendors $936.00 21 to 30 food vendors $1,404.00 31 food vendors and over $1,872.00 Each Consecutive Day of Street Fair: 1 to 20 food vendors $468.00 21 food vendors and over $936.00

(C) Other Street Fair activities regulated by the Fire Department will require operational permits from the Department. Examples

of regulated activities include but are not limited to: the erection of tents, the use or storage of hazardous materials, professional fireworks displays, and carnivals. Additional inspection fees may also be required depending on the activity. (2) Department of Public Health. Application and permit fees payable to the Department of Public Health under this Section 6.4.3 shall be the same as those charged for temporary food permits for special events under Section 249.11 of the Business and Tax Regulations Code. (3) MTA Fee. Fee to be established by the Municipal Transportation Agency. (4) Police Department. (A) At Street Fairs where alcoholic beverages are served, Sponsors shall pay 100% of the projected Police Department costs incurred by reason of the street fair, subject to the following caps:

0 to 100,000 patrons $5,494.07 100,001 to 250,000 patrons $10,988.14 More than 250,000 patrons $21,976.28

The Police Department, working with the Sponsor, shall provide an estimate of attendance for the event for purposes of determining the applicable cap. (B) At Street Fairs where alcoholic beverages are not served, Sponsors shall pay 40% of the projected Police Department costs incurred by reason of the street fair; provided, that the fee shall not exceed $2,793.49. ISCOTT shall waive all or part of this fee upon a showing that the Sponsor is unable to pay the full fee. (b) Invoice. The Director shall transmit to the Sponsor an invoice for the fees. The Sponsor shall make full payment of the fee no later than 10 days before the date of the event. (c) Refund of Fees. If for any reason a Sponsor cancels a proposed Street Fair, the Sponsor shall be entitled to a refund of that portion of the fees paid, other than application fees, representing the costs saved by City departments due to the cancellation. (d) Annual Reports. No later than December 1st of each year, the Chief of Police and the Director shall provide to the Board of Supervisors written reports setting forth in detail the Police Department and MTA’s costs, respectively, associated with Street Fairs for that year. (e) Annual Adjustment of Fees. Fees set in this Section 6.4.3, including the caps on fees for police services, may be adjusted each year, without further action by the Board of Supervisors or the MTA Board of Directors, to reflect changes in the relevant Consumer Price Index, as determined by the Controller. No later than April 15th of each year, the officer, department, or agency administering the fees shall submit its current fee schedule to the Controller, who shall apply the Consumer Price Index adjustment to produce a new fee schedule for the following year. No later than May 15th of each year, the Controller shall file a report with the Board of Supervisors and

the MTA Board of Directors reporting the new fee schedule and certifying that: (1) the fees produce sufficient revenue to support the costs of providing the services for which each fee is assessed, and (3)1 the fees do not produce revenue which is significantly more than the costs of providing the services for which each fee is assessed. (Added by Ord. 121-26, File No. 260449, App. 6/26/2026, Eff. 7/27/2026) CODIFICATION NOTE

1. So in Ord. 121-26.

(a) Appeal to Board of Supervisors. Any appeal from the denial of a Street Fair permit, from the imposition of conditions on the issuance of a permit, or the determination or refund of fees shall be to the Board of Supervisors. (b) Form and Timeline. Such appeal shall be made by filing with the Clerk of the Board of Supervisors, on a form provided by the Clerk of the Board, within 10 days of the Director’s decision on the permit or the determination or refund of fees. (c) Fee. The Board of Supervisors may establish a fee to be imposed upon the filing of any such appeal. (d) Hearing. Upon receipt, the Clerk of the Board shall set a hearing for the appeal, which shall be at its next regular meeting in conformance with public notice requirements. At the appeal hearing, the appellant and Director shall have an opportunity to present oral testimony and written materials in support of their positions. (e) Decision. Upon hearing the appeal, and after any further investigation that the Board of Supervisors may request, the Board of Supervisors may affirm, reverse, or modify the Director’s decision on the issue appealed. (Added by Ord. 121-26, File No. 260449, App. 6/26/2026, Eff. 7/27/2026)