No owner or operator of a business establishment shall occupy any portion of a public sidewalk with stands for the display of fruits and vegetables or nonfood merchandise without first obtaining a permit to do so in accordance with the provisions of Section 183-1 of this Article. The permit application shall be on a form provided by the Department of Public Works, which form shall include the following provision: “The applicant hereby affirms that the applicant is not prohibited by any lease or rental agreement from locating a display on the sidewalk adjacent to applicant’s place of business.” Each application for a permit or an amendment to a permit shall be signed under penalty of perjury and must be accompanied by a check or money order in the amount of $100 payable to the Department of Public Works of the City and County of San Francisco. In addition, a permit fee of a minimum of $4.80 for each square foot of sidewalk to be occupied by display stands authorized by the permit shall be collected from each applicant by the Department of Public Works at the time the permit is issued.
No later than 21 days after the 10 calendar day display period has expired, the Director of Public Works or his/her designee shall hold a public hearing on issuance of permits for which written objections have been timely received. At least 10 days prior to the date of the hearing, notice of said hearing shall be mailed to the applicant and all persons who have submitted written objections to the Director of Public Works. In the event that written objections are submitted by standardized or duplicate forms, one person submitting such objections shall be designated by the written objection to receive notice of the public hearing. Such notice shall clearly state the date, time, place and purpose of the hearing. Upon receipt, the applicant shall post a true and correct copy of said notice in a conspicuous location in a window or other readily visible location on the frontage of the applicant’s business establishment. It shall be clearly visible from the public sidewalk, alley, or street and not obstructed by awnings, landscaping or other impediments to visibility.
During such hearing or hearings, any interested person shall have an opportunity to be heard, subject to any rules of procedure adopted by the Director of Public Works.
Within 15 days of the completion of the hearing or hearings, the Director of Public Works shall issue a written decision as to whether the permit shall be issued and what conditions, if any, in addition to those provided for in this Section shall be imposed. Said decision shall be mailed to the applicant.
A permit issued pursuant hereto shall remain valid until revoked, until such time as the applicant no longer owns or operates said business establishment, until the time period for which the permit shall remain valid, as determined by the Director of Public Works, has expired, or until one year from the date the permit was issued, whichever occurs earlier. Said permit shall be displayed in a conspicuous location in a window or other readily visible location on the frontage of the applicant’s business establishment. It shall be clearly visible from the public sidewalk, alley, or street and not obstructed by awnings, landscaping or other impediments to visibility.
(Added by Ord. 523-83, App. 11/4/83; amended by Ord. 372-93, App. 11/23/93)