BOMA | Building Owners and Managers Association of San Francisco
Advocate: An Update on Legislative, Regulatory, and Political Issues Affecting Commercial Real Estate
June 28, 2013
Volume 19, Issue 6
City Hall News
Mayor Signs Measure Amending San Francisco Mobile Food Facilities Law

On June 28th, San Francisco Mayor Ed Lee signed legislation that will address deficiencies in the current Mobile Food Facilities law for future permit applications.  Details below.   

The legislation was negotiated over a two year time frame and lead by Supervisor Scott Wiener.  BOMA San Francisco members thank Supervisor Wiener and his staff, the Golden Gate Restaurant AssociationOff the Grid and other stakeholders for their input and patience during this process.  

Questions?  Please email kenc@boma.com.  

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UPDATE - June 7, 2013

Please review the revised draft legislation governing future Mobile Food Facilities (MFF or mobile food truck) permits in San Francisco that will be heard at the Land Use and Economic Development Committee next Monday at 1:30 p.m.  Email kenc@boma.com if you can attend and voice your opinion regarding the legislation. It is an improvement on the law, but it will not change the conditions for the current permit holders.

Here are the major changes from the current law that were successfully negotiated by BOMA members and various stakeholder groups:

Permit Issuance and Property Owner Notification

  • Permit notification radius will be 75 feet - it was 300 feet.
  • New permit applications shall require that a notice be posted on a utility pole close to the proposed MFF location for at least 10 calendar days prior to the close of the appeal period. The building owner/manager and the property owner of record (if different) of each building address within the 75 foot area shall also be notified, as well as all first floor commercial businesses and any certified neighborhood organization listed on the San Francisco Planning Department’s website. 
  • MFFs may not sell any good, wares, or merchandise other than food or drink intended for human consumption
  • New permits issued after July 1, 2013 will expire seven years from the permit issuance date.  The permittee can apply six months prior to the expiration date for a new permit and shall be given priority over other applicants.

Location

  • 75 foot buffer from the primary entrance of a restaurant.
  • Locations may not be secured for more than three 24 hour cycles, or portions thereof, within a one week cycle. 
  • No parking next to a city park unless given specific permission from the Recreation and Parks Department.
  • Allowance for MFFs to park closer (1,000 feet vs. 1,500 feet) to schools with a number of specific schools listed in the legislation granting a 750 foot distance.

General

  • Formula retail restrictions will apply.
  • The operating permit shall be conditioned on the MFF vendor obtaining a Department of Public Health Certificate of Sanitation and a Fire Department permit.  If the Public Health or Fire Department permits are not secured within 3 months, the MFF permit shall be automatically revoked. 
  • No freestanding A-frame display, sign, or other obstruction on the public right of way will be allowed except refuse collection receptacles. 
  • Permits are allowed to be sold (transferred) with approval of the Department of Public Works (DPW), but no new notice to nearby businesses is required. 
  • The DPW Director may revoke or suspend MFF permits for other public purposes such as bike lanes, traffic reconfiguration, bulb-outs, bus stops, etc.  In such circumstances, the Director shall strive to authorize a temporary or permanent relocation comparable to the original site. 
  • This measure includes fines that  have been increased substantially for administrative violations - from $300 a day to $1,000 a day. MFFs operating without a permit shall be subject to penalties up to $5,000 a day - up from $1,000.

The San Francisco Examiner has published an article regarding the legislation.  Please click here to access it. 

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UPDATE - May 30, 2013


The various stakeholders, including BOMA San Francisco, met recently with Supervisor Scott Wiener to discuss a compromise solution to the existing state of Mobile Food Facilities in San Francisco. BOMA members are interested in legislative reform that includes:

  • A reasonable distance of 75 feet between street parked food trucks.
  • Permit expiration time frame - none exists at present.
  • Notification of permit application to the property owner of record.

More information, including an updated draft of the legislation will be available from the City Attorney's office in the near-term for BOMA member review.

If you have any questions regarding Mobile Food Facilities, please email kenc@boma.com.

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UPDATE - January 4, 2013

The San Francisco Examiner published an article today that details the ongoing stakeholder discussion regarding Mobile Food Facilities.  BOMA San Francisco members and staff have been at the table advocating for respectable concessions for our members' ground floor tenants.

If you have any questions regarding Mobile Food Facilities, please email kenc@boma.com.

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UPDATE - November 6, 2012

Please click on the links below review to measures that Supervisor Scott Wiener has introduced at the Board of Supervisors regarding Mobile Food Facilities.

These measures, in aggregate, will amend existing regulations for Mobile Food Facilities (MFF or food trucks) to eliminate the current 'like food' consideration for appeals to MFF permit applications.  Indeed, it's the only consideration for a permit appeal at present - i.e., a food truck selling like food that is similar to an adjacent brick and mortar establishment.  The ordinance will also specify distances between trucks, the parking duration and add significant areas throughout San Francisco for MFF operators to sell food. 

Your BOMA San Francisco Advocacy team urges you to review these documents and critique them for content and effectiveness.  Send your comments to kenc@boma.com and johnb@boma.com.  The measure will be sent to the Board of Supervisors' Land Use and Economic Development Committee for a minimum of 30 days before being further considered or amended.

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Original Post - May 21, 2012

Click here to go to an interactive real-time map of approved and requested Moblie Food Permits 

BOMA San Francisco Members:

NOTE - the San Francisco Department of Public Works (SFDPW) has been updating interested parties regarding approved and requested (i.e., Notices of Intent) Mobile Food Facilities permits.  Please bookmark the following webpage and continue to review it for updated information on the status of requested permits near your property: http://bsm.sfdpw.org/mobilefoodpermits/.

Notices of Intent (NOI) detail locations, hours of operation, and menus for a proposed Mobile Food Facility permit.  In addition to the interactive map, you can also download a list of NOI Mobile Food Facility permits by visiting the SFDPW webpage and clicking on NOI - Status.

Your BOMA San Francisco Advocacy team is continuing to work tenaciously with BOMA members, Supervisor Scott Wiener and his staff and the SFDPW staff to assuage the various issues that BOMA members have had with regard to the proliferation of Mobile Food Facilities in the Financial District and adjacent Districts.

If you have any questions or concerns, please email Ken Cleaveland at kenc@boma.com and John Bozeman at johnb@boma.com.

 

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In This Issue
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•  Mayor Signs Measure Amending San Francisco Mobile Food Facilities Law
Bike Sharing Pilot Program for Downtown San Francisco
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