§ 161.

CONDITIONS AND RESTRICTIONS

The issuance of permits and licenses and the maintenance of sidewalk flower-vending stands by the persons granted permits hereunder shall be subject to the following conditions and restrictions:

a.

No permanent stands of any kind shall be erected on the sidewalks of said locations;

b.

The design and construction of all flower-vending stands placed at the locations designated in Section 155 of this Article and the maintenance of said stands shall be subject to the approval of the Director of Public Works; provided, that no such flower-vending stand shall exceed the following dimensions, to-wit: 10 feet in length and three feet in width, and any person, firm or corporation having a permit to maintain and operate a flower-vending stand as provided in Sections 155 to 162 of this Article may maintain and operate a stand not exceeding 10 feet in length and three feet in width, provided that no part of the flower vender’s display or activities may take place outside of an area that exceeds five feet in width and 20 feet in length;

c.

No more than one flower-vending stand shall be granted a permit to operate at any one of the locations designated in Section 155;

d.

No more than two persons shall at any given time be engaged or employed in displaying or selling flowers at any stand; provided, that for a substantial portion of time during the hours of operation of any stand, one of said persons engaged in displaying or selling flowers thereat shall be the person to whom the permit to operate said stand is issued; provided, however, that if the permit is issued to a firm or corporation, one of said persons engaged in displaying or selling flowers for a substantial portion of the time said stand is operated shall be an officer or partner of said firm or corporation;

e.

Only cut flowers, evergreens, and corsages shall be displayed or sold at any stand, and no display, sale or orders for the sale or delivery of floral arrangements, potted plants, or shrubs shall be made, taken, received or solicited, at any stand, or by the owners or operators thereof;

f.

No rubbish or cuttings shall be deposited in any public waste container;

g.

No flower stand shall be operated between the hours of 9:00 p.m. and 7:00 a.m., and the sidewalk and street surrounding each stand shall be kept free of rubbish, cuttings or debris resulting from the operation of the stand;

h.

No permit shall be issued to any person unless he or she has been a resident of the City and County of San Francisco for a period of one year prior to his or her application for a permit hereunder;

i.

No owner, landlord, lessee or occupant of any premises in the block occupied by a flower-vending stand as provided for herein, shall receive rent or any remuneration directly or indirectly for the space occupied by such flower-vending stand or its operation;

j.

Each person operating a flower-vending stand under a permit as herein provided for, shall at all times carry and maintain at the permittee’s own cost and expense a policy of liability insurance in the minimum amount of $500,000 single limit applying to bodily injuries, personal injuries and property damage. Said policy shall directly protect the City and County of San Francisco, its officers and employees and agents as named insureds, and shall provide that the insurance will operate as primary insurance and no other insurance effected by City will be called on to contribute to a loss covered by said policy. Said policy shall provide 30 days’ notice of cancellation or material change to the Director of Public Works of the City and County of San Francisco. Said policy shall be approved in writing by the Director of Public Works and the City Attorney of the City and County of San Francisco. A copy of policy and certificate shall be filed with the Director of Public Works.

In addition, the permittee shall agree to hold harmless and indemnify the City and County of San Francisco, its officers, agents and employees from any damage or injury caused by reason of the placement or maintenance of the flower-vending stand on the sidewalk, and the permittee shall be solely liable for any damage or loss, claims, injury and liability of every kind, nature and description directly or indirectly arising from said activity. Approval of insurance shall in no way relieve operator from liability under this hold-harmless clause.

k.

There shall be no liability on the City or upon any of its officers, agents or employees for any damage sustained by the owner or operator of any flower-vending stand from any cause whatsoever, no matter whether said damage be caused by an officer, agent or employee of the City or by any other person;

l.

An assignment or sale of a flower stand permit, without the approval of the Board of Supervisors, is prohibited; provided, however, that in the event of the death of a permittee, his or her permit shall be considered to be assigned to a living member of the deceased permittee’s immediate family. Provided further, however, that such living member of a deceased permittee’s immediate family must thereafter personally operate the flower- vending stand within six months from the date of the distribution of the proceeds of the deceased permittee’s estate or, with the approval of the Board of Supervisors, sell the permit within said six-month period.

For the purposes of this Subparagraph (l), the term “immediate family” shall be limited to the children, grandchildren, spouse, co-habitant, parent, brother, sister, or child of a deceased brother or sister of a deceased permittee.

An individual shall be considered a “co-habitant” if he or she resided with the permittee, shared the common necessaries of life with the permittee, was not married to or related by marriage to the permittee, was the permittee’s sole co-habitant, and is over 18 years of age.

An individual claiming a right to a permit as co-habitant under this Subparagraph (l) shall have resided with the permittee, and been a resident of the City and County of San Francisco, for a period of one year prior to the assignment or sale of said permit.

History

(Amended by Ord. 448-76, App. 11/12/76; Ord. 226-87, App. 6/19/87)

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