§ 184.88.

NOTICE OF INTENT; APPEAL OF PROTEST OR DENIAL OF PERMIT

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 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.

History

(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)

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