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Full text of "San Francisco Park Code"

CITY AND COUNTY OF 

SAN FRANCISCO 

MUNICIPAL CODE 



PARK CODE 




¥ 



MUNICIPAL CODE CORPORATION 



Tallahassee, Florida 



2006 



CITY AND COUNTY OF SAN FRANCISCO 
MUNICIPAL CODE 



Charter 

Administrative Code 

Building and Related Technical Codes 

Business and Tax Regulations Code 

Campaign and Governmental Conduct Code 

Environment Code 

Fire Code 

Health Code 

Municipal Elections Code 

Park Code 

Planning Code 

Police Code 

Port Code 

Public Works Code 

Subdivision Code 

Traffic Code 

Zoning Maps 



Supp. No. 1, September 2006 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 1, September 2006 



PREFACE TO THE 

PARK CODE 

The San Francisco Municipal Code contains ordinances enacted through 
Ordinance 75-08, File Number 071531, Approved May 9, 2008. A 
legislative history, containing ordinance number and approval date, is 
located at the conclusion of most sections. The legislative history of 
ordinances approved after March 1999 also contain Board of Supervi- 
sors file numbers. 



Supp. No. 16, April 2008 



Supp. No. 16, April 2008 



PARK CODE 

Article Page 

1. TITLE 3 

2. DEFINITIONS 5 

3. REGULATIONS 15 

4. DISORDERLY CONDUCT 27 

5. ANIMALS 45 

6. TRAFFIC REGULATIONS 53 

7. PERMITS 65 

8. LAKE MERCED FISHING 91 

8A. [RESERVED] 97 

SB. UNITED NATIONS PLAZA Ill 

8C. HALLIDIE PLAZA 119 

9. SEVERABILITY 129 

10. PENALTIES 135 

11. YERBA BUENA GARDENS 143 

12. FEES 161 

13. IMPLEMENTATION OF CHARTER SECTION 16.107 203 

INDEX 245 



San Francisco - Park Code 



[INTENTIONALLY LEFT BLANK] 



ARTICLE 1: TITLE 

Sec. 1.01. Title. 

SEC. 1.01. TITLE. 

This Chapter, known as the "Park Code," is a 
portion of the San Francisco Municipal Code, 
and will be referred to in this Chapter as "this 
Code." (Added by Ord. 603-81, App. 12/18/81) 



San Francisco - Park Code 



[INTENTIONALLY LEFT BLANK] 



ARTICLE 2: DEFINITIONS 



Sec. 2.01. 

Sec. 2.02. 

Sec. 2.03. 

Sec. 2.04. 



Sec. 2.05. 

Sec. 2.06. 

Sec. 2.07. 

Sec. 2.08. 

Sec. 2.09. 



"Park" Defined. 
"Commission" Defined. 
"General Manager" Defined. 
"Superintendent of Recreation 
and Superintendent of Parks" 
Defined. 

"Person" Defined. 
"Sign" Defined. 
"Vehicle" Defined. 
"Sightseeing Bus" Defined. 
"Park Patrol" Defined. 



SEC. 2.01. PARK" DEFINED. 

When used in this Code, the word "park" 
shall mean and include all grounds, roadways, 
avenues, squares, recreation facilities, and other 
property placed under the control, management 
and direction of the Recreation and Park Com- 
mission by the Charter of the City and County of 
San Francisco, and the open space on the blocks 
bounded by Market, Folsom, Third and Fourth 
Streets which is under the control, management 
and direction of the Redevelopment Agency of 
the City and County of San Francisco, otherwise 
known as the "Yerba Buena Gardens," unless 
such word is otherwise defined within the sec- 
tion in which it appears. 

When used in Articles 3, 4 and 7 of this Code, 
the word "park" shall also include the area 
comprising Fulton Street between Hyde and 
Market Streets and Leavenworth Street between 
McAllister and Fulton Streets, which area was 
closed to vehicular traffic by San Francisco Board 
of Supervisors Resolution No. 373-73 and is 
otherwise known as United Nations Plaza, and 
the area that is bounded by the northwesterly 
line of Market Street, the southerly line of Eddy 
Street and the westerly line of Lot 13, Assessor's 
Block 341, and is otherwise known as Hallidie 
Plaza. The designation of United Nations Plaza 
and Hallidie Plaza as parks for purposes of 
Articles 3, 4 and 7 of this Code does not effect a 



jurisdictional transfer of these plazas, does not 
place these plazas under the jurisdiction and 
control of the Recreation and Park Commission 
and does not render these plazas "park land" or 
"park property" as those terms are used in any 
provision of the San Francisco Charter. (Added 
by Ord. 603-81, App. 12/18/81; amended by Ord. 
370-94, App. 11/4/94; Ord. 17-99, App. 2/12/99) 

SEC. 2.02. "COMMISSION" DEFINED. 

When used in this Code, the word "Commis- 
sion" refers to the Recreation and Park Commis- 
sion of the City and County of San Francisco. 
(Added by Ord. 603-81, App. 12/18/81) 

SEC. 2.03. "GENERAL MANAGER" 
DEFINED. 

When used in this Code, the words "General 
Manager" refer to the General Manager ap- 
pointed by the Recreation and Park Commission 
pursuant to the Charter of the City and County 
of San Francisco or to a person designated by the 
General Manager to act on his or her behalf 
(Added by Ord. 603-81, App. 12/18/81) 

SEC. 2.04. "SUPERINTENDENT OF 
RECREATION AND SUPERINTENDENT 
OF PARKS" DEFINED. 

When used in this Code, the words "Superin- 
tendent of Recreation" and "Superintendent of 
Parks" refer to the Superintendent of Recreation 
and Superintendent of Parks appointed by the 
General Manager, subject to the approval of the 
Commission, pursuant to the Charter of the City 
and County of San Francisco, or to persons 
designated to act on behalf of the Superinten- 
dent of Recreation or the Superintendent of 
Parks. (Added by Ord. 603-81, App. 12/18/81) 

SEC. 2.05. 'PERSON' DEFINED. 

The word "person" when used in this Code 
shall mean and include any person, association, 
partnership, firm or corporation. (Added by Ord. 
603-81, App. 12/18/81) 



Sec. 2.06. San Francisco - Park Code 



SEC. 2.06. "SIGN" DEFINED. 

The word "sign" when used in this Code shall 
mean any literal, pictorial or symbolic represen- 
tation, including, but not limited to, a written, 
printed, photocopied or painted message on any 
paper, cardboard, wood, metal, cloth, or other 
flat surface. (Added by Ord. 603-81, App. 12/18/ 
81) 

SEC. 2.07. "VEHICLE" DEFINED. 

When used in this Code, the word "vehicle" 
shall mean any device, in, upon, or by which a 
person or property is or may be propelled, moved 
or drawn upon a highway, excepting a device 
moved by human power or used exclusively upon 
stationary rails or tracks, and shall include, but 
not be limited to, the following: automobile, 
truck, motorcycle, motor-driven cycle, animal- 
drawn carriage, buckboard, cart, and minibike or 
bicycle when operated under engine power. (Added 
by Ord. 603-81, App. 12/18/81) 

SEC. 2.08. "SIGHTSEEING BUS" 
DEFINED. 

When used in this Code, the words "sightse- 
eing bus" shall mean any motor-propelled pas- 
senger-carrying vehicle for hire (other than a 
vehicle operated by the San Francisco Municipal 
Railway), used in the conveyance, for hire, of 
tourists and sightseers, over the public streets, 
for the purpose of a sightseeing trip or tour in the 
visiting and viewing of places of interest. (Added 
by Ord. 603-81, App. 12/18/81) 

SEC. 2.09. "PARK PATROL" DEFINED. 

When used in this Code, the words "Park 
Patrol" refer to persons hired as employees of the 
Recreation and Park Department to patrol the 
areas under the jurisdiction of the Commission. 
(Added by Ord. 603-81, App. 12/18/81) 



[The next page is 15] 



ARTICLE 3: REGULATIONS 



Sec. 3.01. Rules of Park Commission to Be 

Obeyed. 
Sec. 3.02. Signs To Be Obeyed. 

Sec. 3.03. Public May Be Excluded. 

Sec. 3.04. Bridle Paths. 

Sec. 3.05. Athletic Activities Prohibited in 

Certain Areas. 

Sec. 3.06. Launching Boats Prohibited. 

Sec. 3.07. Restrictions on Posting of Signs. 

Sec. 3.08. Personal Services. 

Sec. 3.09. Airplanes, Helicopters, Hot Air 

Balloons, etc. Prohibited. 

Sec. 3.10. Peddling and Vending 

Merchandise or Printed 
Material. 

Sec. 3.12. Camping Prohibited. 

Sec. 3.13. Sleeping Prohibited During 

Certain Hours. 
Sec. 3.14. Performance of Labor. 

Sec. 3.15. Building Materials. 

Sec. 3.16. Ground To Be Restored to 

Condition. 
Sec. 3.17. Warning Signals at Danger 

Points. 
Sec. 3.18. Periodic Assessment of City 

Parks and City Recreation 

Programs. 

SEC. 3.01. RULES OF PARK 
COMMISSION TO BE OBEYED. 

No person shall willfully disobey or violate 
any of the rules or regulations of the Recreation 
and Park Commission governing the use and 
enjoyment by the public of any park or of any 
building, structure, equipment, apparatus or ap- 
pliance in any park, which rules or regulations, 
at the time, are posted in some conspicuous place 
in that area of the park or in or near the 
building, structure, equipment, apparatus or ap- 
pliance to which the rule or regulation applies. 
(Added by Ord. 603-81, App. 12/18/81) 



SEC. 3.02. SIGNS TO BE OBEYED. 

No person shall willfully disobey the notices, 
prohibitions or directions on any sign posted by 
the Recreation and Park Commission or the 
Recreation and Park Department. (Added by 
Ord. 603-81, App. 12/18/81) 

SEC. 3.03. PUBLIC MAY BE EXCLUDED. 

In case of an emergency, or when in the 
judgment of the Recreation and Park Commis- 
sion or the General Manager the public interest 
demands it, any portion of any park or park 
building therein may be closed to the public until 
such park area or building is reopened to the 
public by the Recreation and Park Commission 
or the General Manager; provided, however, that 
nothing in this Section shall authorize the Gen- 
eral Manager to close any portion of any park 
building because of activities, existing or antici- 
pated, engaged in for the purpose of expressing 
ideas or causes, which activities are protected by 
the First Amendment to the United States Con- 
stitution. (Added by Ord. 603-81, App. 12/18/81) 

SEC. 3.04. BRIDLE PATHS. 

The bridle paths are maintained for the pri- 
mary use of horses and riders and any person 
who walks, jogs, runs or otherwise makes use of 
a bridle path, or who propels or conveys a vehicle 
or a bicycle, cart, wagon or other object on a 
bridle path, or who allows any animal within his 
or her custody on a bridle path, must leave the 
bridle path or remove the vehicle, object or 
animal from the path whenever such action or 
removal is necessary in order to give way to 
horses and riders. This Section is not applicable 
to members of the Police Department in the 
performance of their duties. (Added by Ord. 
603-81, App. 12/18/81) 

SEC. 3.05. ATHLETIC ACTIVITIES 
PROHIBITED IN CERTAIN AREAS. 

In those areas of Golden Gate Park known as 
the Japanese Tea Garden, the Arboretum, and 



15 



Sec. 3.05. 



San Francisco - Park Code 



16 



Conservatory Valley, no person shall participate 
in any athletic activity, including, but not limited 
to running, jogging, volleyball, baseball, soccer, 
football, roller skating, bicycle riding, skateboard- 
ing, or frisbee. The prohibition contained in this 
Section applies to running or jogging only when 
the person running or jogging does not remain on 
pedestrian paths. (Added by Ord. 603-81, App. 
12/18/81) 

SEC. 3.06. LAUNCHING BOATS 
PROHIBITED. 

No person shall launch a boat nor any type of 
watercraft in any lake in any park, except per- 
sons operating a boat concession pursuant to an 
agreement with the Recreation and Park Com- 
mission and the employees of such person; per- 
sons launching sailboats in Lake Merced; per- 
sons participating in special events organized by 
an educational institution with the permission of 
the Recreation and Park Department; and any 
other person acting pursuant to permission 
granted by the Recreation and Park Commission 
or the Recreation and Park Department. This 
Section shall not apply to the launching of toy or 
model boats. (Added by Ord. 603-81, App. 12/18/ 
81) 

SEC. 3.07. RESTRICTIONS ON POSTING 
OF SIGNS. 

(a) No person shall post or affix to any tree, 
shrub, plant, fence, building, monument, wall, 
post, vehicle or other physical object in any park 
any written or printed material, including, but 
not limited to, signs, notices, handbills, circulars 
and pamphlets. 

(b) Notwithstanding Section 3.07(a), signs 
may be posted in the following circumstances: 

(1) The California Academy of Sciences and 
the Fine Arts Museums of San Francisco may 
post signs concerning their operations, provided 
that the signs are posted in the immediate vicin- 
ity of the buildings under the control of these 
institutions and that the location or locations 
selected for the posting of the signs have been 
designated by the Recreation and Park Depart- 
ment as appropriate for such use by these insti- 
tutions; 



(2) Any person who has scheduled an event 
in any park pursuant to a permit from the 
Recreation and Park Department may erect or 
post signs on the day that the event is scheduled 
to occur giving directions to such event, provided 
that such person receive prior approval from the 
Department; 

(3) Any person leasing Candlestick Park, 
Kezar Stadium or Pavilion, or Balboa Stadium 
may post signs on or about the premises leased 
informing the public of the event scheduled to 
occur, provided that the locations selected for 
such posting have been designated by the Recre- 
ation and Park Department as appropriate for 
such use, which designated location or locations 
for each facility shall be applicable to all lessees 
of such facility, and provided further, that such 
signs not be posted earlier than one week before 
the event is scheduled to occur nor later than one 
week after the event is over; 

(4) Persons and organizations maintaining 
and operating recreational facilities on park prop- 
erty on a daily basis may post signs which 
identify the facilities which provide information 
pertaining to recreational activities, or which 
inform the public of events sponsored by such 
persons and organizations or of regulations gov- 
erning such facilities, provided (A) that such 
signs are posted only on the facilities so operated 
and maintained, whether inside or outside and 
(B) that if they are posted outside, the organiza- 
tion receive prior approval from the Recreation 
and Park Department; 

(5) The Recreation and Park Department 
may post signs in any park or in any facility in 
any park governing the public use of park prop- 
erty or informing the public of events sponsored 
by the Department. 

(c) When a person or organization is re- 
quired to obtain the prior approval of the Recre- 
ation and Park Department in order to post a 
sign in a park, the Department may withhold 
such approval only if it finds that the location of 
such sign or signs would harm public or private 
property, or inconvenience or endanger the pub- 
lic, or unduly cover or block park facilities. 



17 



Regulations 



Sec. 3.14. 



(d) No sign which is posted pursuant to this 
Section shall be affixed to any tree, shrub or 
plant. (Added by Ord. 603-81, App. 12/18/81) 

SEC. 3.08. PERSONAL SERVICES. 

No person shall use any of the facilities or 
areas of any park for the purpose of providing 
tennis, golf, sailing, boating, baseball, jogging, 
horseback riding or other athletic instruction for 
compensation without first having obtained a 
permit, concession, license or lease from the 
Recreation and Park Commission. (Added by 
Ord. 603-81, App. 12/18/81) 

SEC. 3.09. AIRPLANES, HELICOPTERS, 
HOT AIR BALLOONS, ETC. PROHIBITED. 

No person shall launch nor land any air- 
plane, helicopter, parachute, hang glider, hot air 
balloon, nor any other machine or apparatus of 
aviation in any park, nor shall any person bring 
into any park any balloon with a diameter of 
more than six feet or a gas capacity of more than 
115 cubic feet, without permission of the Recre- 
ation and Park Department. This Section shall 
not be applicable to a helicopter being used to 
transport persons or supplies because of an emer- 
gency situation. (Added by Ord. 603-81, App. 
12/18/81) 

SEC. 3.10. PEDDLING AND VENDING 
MERCHANDISE OR PRINTED 
MATERIAL. 

No person shall bring, or cause to be brought, 
for the purposes of sale or barter, or have for sale, 
or sell or exchange, or offer for sale or exchange 
any goods, wares, or merchandise in any park 
without first having obtained a permit, conces- 
sion, license or lease from the Recreation and 
Park Department or Commission. (Added by 
Ord. 603-81, App. 12/18/81) 

SEC. 3.12. CAMPING PROHIBITED. 

No person shall construct or maintain or 
inhabit any structure, tent or any other thing in 
any park that may be used for housing accom- 
modations or camping, nor shall any person 
construct or maintain any device that can be 



used for cooking, except by permission from the 
Recreation and Park Department or Commis- 
sion. 

No person shall modify the landscape in any 
way in order to create a shelter, or accumulate 
household furniture or appliances or construc- 
tion debris in any park. (Added by Ord. 603-81, 
App. 12/18/81; Ord. 12-08, File No. 071136, § 1, 
App. 1/31/2008) 

SEC. 3.13. SLEEPING PROHIBITED 
DURING CERTAIN HOURS. 

No person shall remain in any park for the 
purpose of sleeping between the hours of 8:00 
p.m. and 8:00 a.m., except that special permis- 
sion may be granted by the Recreation and Park 
Department to persons providing security ser- 
vices between said hours in any park or for other 
unusual events. 

A person cited under this section shall not be 
in violation of this section if: 1) he or she does not 
have an outstanding citation for violation of this 
section; and, 2) within 30 hours of issuance of the 
citation, her or she accepts Social Services of- 
fered by the city, another public entity, or a 
private, non-profit agency. For the purpose of 
this section, the term "Social Services" shall 
mean temporary or permanent housing, residen- 
tial substance abuse treatment. Homeless Out- 
reach Team Case Management services, or ad- 
mission to a hospital or other residential facility 
for medical treatment. For purposes of this sec- 
tion, "outstanding citation" shall mean a citation 
that is not paid or that is under appeal. (Added 
by Ord. 603-81, App. 12/18/81; Ord. 12-08, File 
No. 071136, § 1, App. 1/31/2008) 

SEC. 3.14. PERFORMANCE OF LABOR. 

No person, other than duly authorized per- 
sonnel, shall perform any labor, on or upon any 
park, including, but not limited to, taking up or 
replacing soil, turf, ground, pavement, structure, 
tree, shrub, plant, grass, flower and the like, 
without permission of the Recreation and Park 
Department. (Added by Ord. 603-81, App. 12/18/ 
81) 



Supp. No. 13, January 2008 



Sec. 3.15. 



San Francisco - Park Code 



18 



SEC. 3.15. BUILDING MATERIALS. 

No person shall place, pile, deposit or leave 
any building material in any park without first 
having obtained a permit to do so from the 
Recreation and Park Department. (Added by 
Ord. 603-81, App. 12/18/81) 

SEC. 3.16. GROUND TO BE RESTORED 
TO CONDITION. 

Where work has been done in any park 
pursuant to a permit, the permittee shall repair, 
reconstruct, and put the ground in as good con- 
dition in all respects when the work shall have 
been completed or terminated or such permit 
shall have expired, as said ground was in when 
said permit was granted or said work com- 
menced; the condition of the ground, site or place 
in the park where the work has been done 
pursuant to any permit shall be made satisfac- 
tory to the Superintendent of Parks, and on the 
completion of said work the permittee shall forth- 
with remove all buildings, structures, machinery 
or equipment used in connection with said work 
from the park. (Added by Ord. 603-81, App. 
12/18/81) 

SEC. 3.17. WARNING SIGNALS AT 
DANGER POINTS. 

Every person who does any act in ciny park, 
whether the act is done by that person or by an 
agent or at the person's direction, and whether 
the person is acting as principal, contractor, or 
employer, and by that act makes the park or any 
portion of it dangerous must erect and, so long as 
the danger continues, maintain around the por- 
tion of the park so made dangerous a good and 
substantial barrier, and shall maintain at appro- 
priate places along such barrier, during every 
night, from sunset until daylight, flashing lights, 
flares or some other suitable light sufficient to 
give warning of said danger. (Added by Ord. 
603-81, App. 12/18/81) 

SEC. 3.18. PERIODIC ASSESSMENT OF 
CITY PARKS AND CITY RECREATION 
PROGRAMS. 

(aj Beginning in the fiscal year 2003-2004, 
every five years the Recreation and Park Depart- 
ment shall conduct a survey of the public's opin- 



ion of the programs offered by the Recreation 
and Park Department, the condition of City 
parks and City recreational facilities under the 
jurisdiction of the Recreation and Park Depart- 
ment, and the need for changes to existing pro- 
grams, parks, and recreational facilities. The 
Recreation and Park Department shall use the 
survey as a guide in its planning for park and 
facility renovation, acquisition and improve- 
ment, and for determining how to modify and 
expand its recreational programming. 

(b) Within 90 days of completion of the 
survey, the Recreation and Park Department 
shall transmit to the Board of Supervisors a 
report of the results of the survey and the ac- 
tions, if any, that the Department plans to take 
in response to the survey results. 

(c) The Recreation and Park Department 
shall include the cost of the survey in its budget 
estimate for the fiscal year in which the survey 
will be conducted. (Added by Ord. 247-98, App. 
7/31/98) 



[The next page is 27] 



Supp. No. 13, January 2008 



ARTICLE 4: DISORDERLY CONDUCT 



Sec. 4.01. Disorderly Conduct. 

Sec. 4.02. Swimming Restrictions. 

Sec. 4.03. Polluting Waters Prohibited. 

Sec. 4.04. Littering and Dumping of Waste 

Matter Prohibited. 
Sec. 4.05. Malicious Destruction of 

Property. 
Sec. 4.06. Removal of Trees, Wood, Etc. 

Sec. 4.07. Penalties for Violation of 

Section 4.06. 
Sec. 4.08. Interference with Recreation 

and Park Employees. 
Sec. 4.09. Certain Acts Prohibited — 

Candlestick, Kezar. 
Sec. 4.10. Alcoholic Beverages. 

Sec. 4.11. Persons Intoxicated by Alcohol 

or Drugs May Be Excluded. 
Sec. 4.12. Persons May Be Excluded 

Under Certain Circumstances. 
Sec. 4.13. Refusal to Obey Lawful Order. 

Sec. 4.14. Fighting, Disturbing Peace, 

Offensive Words. 
Sec. 4.15. Intoxication by Alcohol or 

Drugs. 
Sec. 4.16. Minors, Parents and Guardians 

of 
Sec. 4.17. Skateboard Safety 

Requirements. 

SEC. 4.01. DISORDERLY CONDUCT. 

No person shall, in any park, without permis- 
sion of the Recreation and Park Department: 

(a) Throw or propel objects of a potentially 
dangerous nature, including, but not limited to, 
stones, bottles, glass, cans or crockery; 

(b) Fire or carry firearms of any size or 
description, or possess any instrument, appli- 
ance or substance designed, made or adopted for 
use primarily as a weapon, including, but not 
limited to, slingshots, clubs, swords, razors, bil- 



lies, explosives, dirk knives, bowie knives or 
similar knives, except that this subsection shall 
not apply to a police or other peace officer; 

(c) Fire or carry any firecracker, rocket, 
torpedo or other fireworks of any description 
(this subsection shall not be deemed to contra- 
dict any provisions contained in Chapter VIII 
(Police Code) of the San Francisco Municipal 
Code); 

(d) Carry or use a model airplane which is 
powered by liquid fuel or designed to be used 
with such fuel; 

(e) Make, kindle, maintain or in any way 
use a fire except at places provided, designated 
and maintained by the Recreation and Park 
Department for such use; 

(f) Climb or lie upon any tree, shrub, monu- 
ment, wall, fence, shelter, fountain, statute, build- 
ing, construction or structure; 

(g) Emit, eject, or cause to be deposited any 
excreta of the human body, except in proper 
receptacles designated for such purposes; 

(h) Expose his or her genitals, pubic hair, 
buttocks, perineum, anal region or pubic hair 
region or any portion of the female breast at or 
below the areola thereof, except that this section 
shall not apply to children under the age of five 
years; 

(i) Enter a restroom or toilet set apart for 
use of the opposite sex, except children under the 
age of five years accompanied by a parent or 
guardian and duly authorized personnel for the 
purpose of inspection, maintenance or repair; 

(j) Gain or attempt admittance to facilities 
in any park where a charge is made, without 
pa3dng that charge; 

(k) Play any percussion instrument, includ- 
ing drums, at any time or location prohibited by 
resolution of the Recreation and Park Commis- 
sion when a sign has been posted in the area 
affected to give notice of this prohibition, pro- 
vided that such resolution does not unreasonably 



27 



Sec. 4.01. 



San Francisco - Park Code 



28 



curtail the playing of such instruments in any 
area of the city (Added by Ord. 603-81, App. 
12/18/81) 

SEC. 4.02. SWIMMING RESTRICTIONS. 

No person shall enter, wade or swim in the 
waters of any lake, pond, pool, tank, fountain or 
reservoir in any park except where permitted by 
regulation or special permission of the Recre- 
ation and Park Department. (Added by Ord. 
603-81, App. 12/18/81) 

SEC. 4.03. POLLUTING WATERS 
PROHIBITED. 

No person shall throw or place, or cause to be 
thrown or placed, any garbage, trash, refuse, 
paper, container, or nauseous or offensive matter 
into any pool, pond, tank, or fountain in any 
park. 

In addition, attention is called the fact that 
state law prohibits the littering or dumping of 
waste into lakes and other bodies of water. 
(Added by Ord. 603-81, App. 12/18/81) 

SEC. 4.04. LITTERING AND DUMPING 
OF WASTE MATTER PROHIBITED. 

Attention is called to the fact that state law 
prohibits the littering or dumping of waste mat- 
ter in any public park. (Added by Ord. 603-81, 
App. 12/18/81) 

SEC. 4.05. MALICIOUS DESTRUCTION 
OF PROPERTY. 

Attention is called to the fact that state law 
prohibits the malicious defacement, damage or 
destruction of real or personal property. (Added 
by Ord. 603-81, App. 12/18/81) 

SEC. 4.06. REMOVAL OF TREES, WOOD, 
ETC. 

No person shall remove or take Eiway any 
tree, wood, bush, turf, shrub, flower, plant, grass, 
soil, rock, or an>1;hing of like kind from any park 
without permission of the Recreation and Park 
Department. (Added by Ord. 603-81, App. 12/18/ 
81) 



SEC. 4.07. PENALTIES FOR VIOLATION 
OF SECTION 4.06. 

(a) Any person convicted of a violation of 
Section 4.06 of this Code shall be punished by a 
mandatory fine of not less than $50 nor more 
than $500 upon a first conviction, by a manda- 
tory fine of not less than $100 nor more than 
$500 upon a second conviction and by a manda- 
tory fine of not less than $150 nor more than 
$500 upon a third or subsequent conviction. 

(b) The court shall, in addition, impose a 
civil penalty of an amount necessary to reim- 
burse the Recreation and Park Department for 
the value of the tree, wood, bush, turf, shrub, 
flower, plant, grass, soil, compost, rock, water or 
other material removed as well as any labor 
expended to replant or otherwise restore the 
area affected. Any revenue collected as a civil 
penalty pursuant to this Section shall be cred- 
ited to the Recreation and Park Department. 
(Added by Ord. 603-81, App. 12/18/81) 

SEC. 4.08. INTERFERENCE WITH 
RECREATION AND PARK EMPLOYEES. 

No person shall, with malice, interfere with 
or in any manner hinder any employee of the 
Recreation and Park Department, the Depart- 
ment of Public Works or a duly authorized con- 
tractor while that person is engaged in construct- 
ing, repairing, or caring for any portion of the 
park or is otherwise engaged in the discharge of 
such employee's duties. (Added by Ord. 603-81, 
App. 12/18/81) 

SEC. 4.09. CERTAIN ACTS 
PROHIBITED— CANDLESTICK, KEZAR. 

(a) No person shall bring into or have in his 
possession within Candlestick Park Stadium, 
Kezar Stadium or Kezar Pavilion, any canned or 
bottled beverages or beer tappers, other than 
any vacuum bottle or other similar reusable 
container. This provision shall not apply to per- 
sons authorized by the Recreation and Park 
Commission to sell or otherwise make use of 
canned or bottled beverages within the areas 
described. 



29 



Disorderly Conduct 



Sec. 4.10. 



(b) No person shall throw, kick or cause to 
be thrown or kicked or otherwise placed in mo- 
tion any ice, liquid, paper, can, bottle, container, 
cushion or other object within Candlestick Park 
Stadium, Kezar Stadium or Kezar Pavilion 
wherein a regularly scheduled athletic contest, 
exhibition or other special event is being pre- 
sented. (Added by Ord. 603-81, App. 12/18/81) 

SEC. 4.10. ALCOHOLIC BEVERAGES. 

(a) Except as provided in Subsection 4. 10(b), 
no person shall consume alcoholic beverages of 
any kind in any building, children's areas, swim- 
ming pool, restroom, or any of the following 
parks or portions of parks: 

Alice Chalmers Playground; 

Argonne Park; 

Bayview Playground; 

Bernal Playground; 

Boeddeker Park; 

Buchanan Street Mall; 

Buena Vista Park; 

Cayuga Playground; 

Chinese Playground; 

Civic Center Plaza; 

Crocker Amazon Playground; 

Duboce Park; 

Eureka Valley Recreation Center; 

Excelsior Playground; 

Franklin Square; 

Fulton Park; 

Garfield Square; 

Gilman Playground; 

The areas of Golden Gate Park consisting of 

The Panhandle (bordered by Fell, Baker, 
Oak and Stanyan Streets), 

Stanyan Meadow Area (bordered by JFK 
Drive, Stanyan Street, Waller Street 
and Kezar Drive), 



Kezar Stadium Park (bordered by Waller 
Street, Stanyan Street, Frederick 
Street, Martin Luther King Junior 
Drive and Kezar Drive); 

Sharon Meadow north to John F. Kennedy, 
Jr. Drive, east to Kezar Drive, south to 
Kezar Drive, west to the tennis courts 
and the lawn bowling area; 

Hallidie Plaza; 

Hamilton Recreation Center; 

Hayes Valley Playgi^ound; 

Holly Park; 

Jefferson Square; 

Jose Coronado Playground; 

Joseph Conrad Square; 

Joseph Lee Recreation Center; 

Juri Commons Mini Park; 

Kimball Playground; 

Lang Field; 

Laurel Hill Playground; 

Lessing Sears Mini Park; 

Margaret Hayward Playground; 

McKinley Square; 

Merced Heights Playground; 

Mission Dolores Park; 

Mission Playground and Recreation Center; 

North Beach Playground; 

Oceanview Playground; 

Pine Lake Park; 

Pioneer Park; 

Portsmouth Square; 

Potrero del Sol Park; 

St. Mary's Recreation Center; 

St. Mary's Square; 

Silver Terrace Park; 

South Park; 



Supp. No. 13, January 2008 



Sec. 4.10. 



San Francisco - Park Code 



30 



Sunnyside Conservatory; 
Union Square Park; 
United Nations Plaza; 
Upper Noe Recreation Center; 
Washington Square Park; 
Wawona Clubhouse; 
West Sunset Playground; 

Youngblood Coleman. 

(b) The General Manager of the Recreation 
and Park Department or the Recreation and 
Park Commission may grant permission to con- 
sume alcohol in the parks and portions of parks 
where such activity is prohibited by Subsection 
(a), above, if the General Manager or the Com- 
mission determines that the consumption of al- 
cohol will not interfere with the public's use and 
enjojnnent of the park. However, neither the 
General Manager nor the Commission may grant 
permission to consume alcohol in children's play 
areas. (Added by Ord. 603-81, App. 12/18/81; 
amended by Ord. 370-98, App. 12/18/98; Ord. 
238-99, File No. 990682, App. 9/3/99; Ord. 170- 
00, File No. 000628, App. 7/7/2000; Ord. 228-01, 
File No. 010589, App. 11/30/2001; Ord. 54-07, 
File No. 061646, App. 3/23/2007; Ord. 2-08, File 
No. 070508, § 1, App. 1/14/2008) 

SEC. 4.11. PERSONS INTOXICATED BY 
ALCOHOL OR DRUGS MAY BE 
EXCLUDED. 

Members of the San Francisco Police Depart- 
ment and Recreation and Park Department Em- 
ployees, including members of the Park Patrol, 
are authorized to order persons to stay out of, or 
to leave, any park, or any facility, building or 
structure therein, when such officers or employ- 
ees have reasonable cause to conclude that the 
person so ordered is under the influence of in- 
toxicating liquor, any drug, or any "controlled 
substance" as that term is defined and described 
in the California Health and Safety Code, or any 
combination of any intoxicating liquor, drug, or 
controlled substance, and is in such a condition 
that he or she is unable to exercise care for his or 
her own safety or the safety of others or inter- 



feres with or obstructs or prevents the free use of 
park property (Added by Ord. 603-81, App. 12/ 
18/81) 

SEC. 4.12. PERSONS MAY BE 
EXCLUDED UNDER CERTAIN 
CIRCUMSTANCES. 

Members of the San Francisco Police Depart- 
ment and Recreation and Park Department em- 
ployees, including members of the Park Patrol, 
are authorized to order any person to stay out of 
or to leave any park, or any facility, building or 
structure therein, when such officers or employ- 
ees have reasonable cause to conclude that the 
person: 

(a) Is consuming alcoholic beverages in vio- 
lation of Section 4.10 of this Code; 

(b) Is using any drug or controlled sub- 
stance, as defined above, or any combination of 
any intoxicating liquor, drug, or controlled sub- 
stance; or 

(c) Is doing any act injurious to any park or 
any building, structure or facility therein; 

(d) While using any athletic facility or area, 
disobeys any rule or regulation governing such 
area or facility after being warned not to do so by 
a Recreation and Park Department employee, 
including members of the Park Patrol, when the 
employee has reasonable cause to conclude that 
such behavior damages or risks damage to park 
property or interferes with the use and enjoy- 
ment of such area or facility by other persons; or 

(e) Behaves in so noisy, boisterous or rowdy 
a manner as to disturb spectators or participants 
at an athletic event. (Added by Ord. 603-81, App. 
12/18/81; amended by Ord. 79-00, File No. 981556, 
App. 5/5/2000) 



SEC. 4.13. 
ORDER. 



REFUSAL TO OBEY LAWFUL 



It shall be unlawful for any person to refuse 
to obey the lawful order of a police of^cer or an 
employee of the Recreation and Park Depart- 
ment made pursuant to Section 4.14 of this Code. 
(Added by Ord. 603-81, App. 12/18/81) 



Supp. No. 13, January 2008 



31 



Disorderly Conduct 



Sec. 4.17. 



SEC. 4.14. FIGHTING, DISTURBING 
PEACE, OFFENSIVE WORDS. 

Attention is called to the fact that State law- 
prohibits unlawful fighting in public places, the 
malicious and wilful disturbance of others by 
loud and unreasonable noise, and the use of 
offensive words in a public place which are 
inherently likely to provoke an immediate vio- 
lent reaction. (Added by Ord. 603-81, App. 12/18/ 
81) 

SEC. 4.15. INTOXICATION BY ALCOHOL 
OR DRUGS. 

Attention is called to the fact that State law 
provides that any person in a public place who is 
under the influence of intoxicating liquor, drugs, 
or certain specified substances and endangers 
himself or others or interferes with the free use 
of a public way is guilty of disorderly conduct. 
(Added by Ord. 603-81, App. 12/18/81) 

SEC. 4.16. MINORS, PARENTS AND 
GUARDIANS OF. 

No parent, guardian or custodian of a minor 
shall permit or allow such minor to do any act or 
thing in any park prohibited by the provisions of 
this Code. (Added by Ord. 603-81, App. 12/18/81) 

SEC. 4.17. SKATEBOARD SAFETY 
REQUIREMENTS. 

Any person riding a skateboard in any facil- 
ity owned or operated by the City and County 
that is designed and maintained for the purpose 
of recreational skateboard use ("skateboard fa- 
cility") must wear a helmet, elbow pads, and 
knee pads. At each skateboard facility the Rec- 
reation and Park Department shall post signs 
affording reasonable notice of the requirements 
of this section. (Added by Ord. 123-00, File No. 
000531, App. 6/2/2000) 



[The next page is 45] 



Supp. No. 13, January 2008 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 13, January 2008 



ARTICLE 5: ANIMALS 



Sec. 5.01. Dogs, Cats, Horses Only 

Allowed. 
Sec. 5.02. Animals Prohibited from 

Certain Areas. 

Sec. 5.03. Cats Must Be on Leash or in 

Transport Box. 
Sec. 5.04. Horses. 

Sec. 5.05. Vicious Animals Prohibited. 

Sec. 5.06. Abandonment of Animals 

Prohibited. 
Sec. 5.07. Feeding Animals Prohibited. 

Sec. 5.08. Disturbing Animals, Birds, Fish 

Prohibited; Exceptions. 
Sec, 5.09. Keeping of Elephants. 

SEC. 5.01. DOGS, CATS, HORSES ONLY 
ALLOWED. 

No person shall lead, drive, conduct or other- 
wise bring or allow to remain in any park any 
animal, bird, fish or reptile other than horses, 
dogs and domestic cats. This Section shall not 
apply to duly authorized employees performing 
duties for the Zoological Park or the Aquarium, 
nor to persons acting pursuant to a permit from 
the Recreation and Park Department or the 
Recreation and Park Commission when the per- 
mit allows the presence of such animal, bird, fish 
or reptile. (Added by Ord. 603-81, App. 12/18/81) 

SEC. 5.02. ANIMALS PROHIBITED 
FROM CERTAIN AREAS. 

No person, other than members of the Police 
Mounted Detail when on duty, shall, in any park, 
allow any animal in his or her custody to enter 
any building, the Zoological Gardens, or those 
areas of Golden Gate Park known as the Arbo- 
retum, Japanese Tea Garden and Conservatoiy 
Valley, or any playground, sandbox or other area 
reserved for children, or to enter or drink the 
water of any drinking fountain, lake or pond, 
except at places designated and maintained for 
such purpose. Notwithstanding the above provi- 



sion, a blind person may enter buildings, the 
Arboretum, Japanese Tea Garden and Conserva- 
tory Valley with a giaide dog. (Added by Ord. 
603-81, App. 12/18/81) 

SEC. 5.03. CATS MUST BE ON LEASH 
OR IN TRANSPORT BOX. 

No person shall carry, lead, conduct or other- 
wise bring or allow to remain in any park a 
domestic cat unless the animal is on leash not 
exceeding six feet in length or in an animal 
transport box equipped with vent holes capable 
of providing the animal with sufficient air. (Added 
by Ord. 603-81, App. 12/18/81) 

SEC. 5.04. HORSES. 

No person shall: 

(a) Lead, drive, entice, conduct or otherwise 
bring any horse into any park other than horses 
attached to vehicles being driven by the person 
in charge or horses being used for riding pur- 
poses; 

(b) Ride, drive or conduct a horse in any 
park except upon designated bridle paths and 
roadways; 

(c) Ride, drive or conduct a horse in a reck- 
less manner; 

(d) Let loose or permit a horse to run at 
large. 

Attention is called to Part H, Chapter VHI of 
the San Francisco Municipal Code (Police Code), 
pertaining to the regulation of horseback riding 
in public places. (Added by Ord. 603-81, App. 
12/18/81) 

SEC. 5.05. VICIOUS ANIMALS 
PROHIBITED. 

No person shall keep or permit to remain in 
any park a noisy, vicious, or dangerous animal or 
an animal which unduly disturbs other persons 
in the park. (Added by Ord. 603-81, App. 12/18/ 
81) 



45 



Sec. 5.06. 



San Francisco - Park Code 



46 



SEC. 5.06. ABANDONMENT OF 
ANIMALS PROHIBITED. 

No person shall abandon any animal in any 
park. (Added by Ord. 603-81, App. 12/18/81) 

SEC. 5.07. FEEDING ANIMALS 
PROHIBITED. 

It shall be unlawful for any person to feed or 
offer to any animal in any park any substance 
which would be likely to be harmful to it. (Added 
by Ord. 603-81, App. 12/18/81) 

SEC. 5.08. DISTURBING ANIMALS, 
BIRDS, FISH PROHIBITED, 
EXCEPTIONS. 

Except as provided in Article 7, Chapter VIII 
(Police Code) of the San Francisco Municipal 
Code, it shall be unlawful for any person, includ- 
ing City and County of San Francisco, its offi- 
cers, employees or agents, to hunt, chase, shoot, 
trap, discharge or throw missiles at, molest, 
disturb, capture, injure, or destroy any animal in 
any park, or to permit any animal in such 
person's custody or control to do so; provided, 
however, that any mole or any gopher, mouse, rat 
or other rodent which is determined by the 
Superintendent of Parks to be a nuisance may be 
destroyed by said Superintendent or a desig- 
nated representative; and provided, further, that 
any animal other than a mole or a gopher, 
mouse, rat or other rodent which is determined 
by said Superintendent to be a nuisance or a 
hazard to persons using said areas or to be a 
hazard to plants or other horticulture, may, in a 
humane manner, be live trapped by said Super- 
intendent and delivered to the Animal Control 
Officer for disposition pursuant to the provisions 
of Sections 41.7 through 41.9, inclusive, of Ar- 
ticle 1, Chapter V (Health Code) of the San 
Francisco Municipal Code. The provisions of this 
Section are intended to prohibit fishing in any 
park other than fishing in Lake Merced pursu- 
ant to a license obtained pursuant to Article 8 of 
this Code or in any other area designated by 
Commission resolution as a fishing area. 

The provisions of this Section shall not be 
applicable to the destruction of any animal in 
any park where such animal poses an immediate 



and serious threat to persons or property or is 
suffering excessively. (Added by Ord. 603-81, 
App. 12/18/81) 

SEC. 5.09. KEEPING OF ELEPHANTS. 

Before any City department or contractor 
may keep one or more African (Loxodonta afri- 
cana) or Asian {Elephas maximus) elephant(s) at 
the SanFrancisco Zoo, the department or contrac- 
tor must request permission from the City (by 
resolutions approved by the Recreation and Park 
Commission and the Board of Supervisors) to 
keep such elephant(s). In such resolutions the 
department or contractor must also obtain ap- 
proval by the Commission and Board of a plan 
submitted by the department or contractor for 
Elephant Habitat Standards that includes an 
area of at least 15 acres, and the department or 
contractor must agree to complete the Commis- 
sion and Board approved plan before bringing 
any elephants to the Zoo. The City department 
or contractor shall, before requesting such per- 
mission: 

1. Complete refurbishments to the bear, rhi- 
noceros and hippopotamus housing facilities, these 
improvements having been identified by the Bud- 
get Analyst as a priority in his 2003 Performance 
Audit of the Zoo; and 

2. Complete refurbishments to the grey seal 
and sea lion exhibits, these improvements hav- 
ing been identified by the Budget Analyst as a 
priority in his 2003 Performance Audit of the 
Zoo. 

In addition, the City department or contrac- 
tor shall provide annual updates to the Board of 
Supervisors and the Recreation and Park Com- 
mission on the status of improvement at the Zoo, 
beginning in November of 2005. (Added by Ord. 
305-04, File No. 041461, App. 12/24/2004) 



[The next page is 53] 



ARTICLE 6: TRAFFIC REGULATIONS 



Sec. 6.01. Operation and Parking of 

Vehicles. 
Sec. 6.01.1. Limitation on travel lanes for 

motor vehicles over portions of 

Martin Luther King Jr. Drive 

and Ninth Avenue in Golden 

Gate Park. 
Sec. 6.02. Towing of Vehicles. 

Sec. 6.03. Parking of Customer's Vehicles 

in Golden Gate Park. 
Sec. 6.04. Certain Business Vehicles 

Prohibited from Golden Gate 

Park. 
Sec. 6.05. Commercial Vehicles Prohibited. 

Sec. 6.06. Parking of Sightseeing Buses. 

Sec. 6.07. Funeral Procession Routes. 

Sec. 6.08. Transportation of Residential or 

Commercial Garbage. 
Sec. 6.09. Soliciting Passengers for 

Vehicles Prohibited. 
Sec. 6.10. Penalties. 

Sec. 6.11. Exceptions. 

Sec. 6.12. Disability Access Standards and 

Authorized Vehicular Traffic 

Use for Golden Gate Park 

During Sunday Road Closures. 
Sec. 6.13. Prohibition on Motor Vehicle 

Traffic in Golden Gate Park on 

Saturdays. 

SEC. 6.01. OPERATION AND PARKING 
OF VEHICLES. 

(a) No person shall drive or propel any 
vehicle within any park except upon the paved 
roads, driveways, and highways provided or un- 
paved roads designated by sign or signal for use 
by such vehicular traffic; 

(b) All persons operating vehicles must drive 
or propel them in a careful manner, at a lawful 
rate of speed, and in accordance with the rules 



and regulations of the Recreation and Park Com- 
mission, San Francisco Traffic Code and Califor- 
nia Vehicle Code; 

(c) No person shall drive or propel any ve- 
hicle on any planted area or on any access road 
or unpaved service road or ffretrail in any park; 

(d) No person shall park any vehicle on any 
lawn, or planted area, or unimproved area or on 
any pedestrian or equestrian lane, or on any 
access road or unpaved service road or firetrail 
or in any manner so as to block access to or exit 
from any service road or access road or firetrail, 
or in any other place in the park where the rules 
and regulations of the Recreation and Park Com- 
mission prohibit vehicular parking, unless al- 
lowed otherwise by permit; 

(e) No person shall wash, grease, or repair 
any vehicle in any park except insofar as repairs 
may be necessary for the immediate removal of 
any damaged or disabled vehicle from the park; 

(f) No vehicle shall be parked on any road, 
place or highway in any park except on the 
extreme right side of said road, place or highway 
and immediately adjacent to any curb or any 
planted portion of the park; provided, however, 
that the Recreation and Park Commission shall 
have full power and authority to set aside suit- 
able space for the parking of any vehicle off any 
road, place or highway. The extreme right side of 
said road, place or highway shall be deemed to be 
the right-hand side of any road, place or highway 
as measured or applied in the direction in which 
an};^ vehicle is traveling. Nothing in this Section 
shall be deemed to prohibit parking on the ex- 
treme left side of any one-way road or highway, 
provided such parking is otherwise permitted, 
which side shall be deemed to be the left-hand 
side of any road or highway as measured or 
applied in the direction in which any vehicle is 
traveling. 



53 



Supp. No. 7, April 2007 



Sec. 6.01. 



San Francisco - Park Code 



54 



(g) No person shall park any automobile or 
any other vehicle, including a house trailer, 
whether attended or unattended, in any park, 
other than the Marina Green, between the hours 
of 10:00 p.m. and 6:00 a.m., except (1) when 
attending an event or function authorized by the 
Recreation and Park Department, and then only 
when the person parks the vehicle in an area 
specifically designated for such parking in con- 
nection with said event or function; (2) when 
such parking is necessary because of an emer- 
gency, such as a flat tire or other mechanical 
failure, in which case the vehicle shall not be 
parked any longer than necessary; or (3) when a 
sign is posted or notice is otherwise provided 
that parking is permitted in a designated area 
between 10:00 p.m. and 6:00 a.m., or some por- 
tion of those hours. 

(h) No person shall park any automobile or 
any other vehicle, including a house trailer, 
whether attended or unattended, at the Marina 
Green between the hours of 10:00 p.m. and 6:00 
a.m., unless (1) such person has watercraft moored 
at Yacht Harbor and has displayed on the vehicle 
an official permit authorizing such parking from 
the Recreation and Park Department or (2) such 
parking is necessary because of an emergency, 
such as a flat tire or other mechanical failure, in 
which case the vehicle shall not be parked any 
longer than necessary. 

(i) No person shall, in any park, allow any 
automobile or other vehicle to remain parked in 
any parking lot which is open for public use and 
for which a fee is charged for parking, including, 
but not limited to Kezar Parking Lot, for a period 
of more than 24 hours after the expiration of the 
period for which a fee is charged, unless other- 
wise allowed by permit. 

(j) No person shall park any "oversized ve- 
hicle," defined herein as any vehicle longer than 
19 feet and/or wider than seven feet, eight inches, 
whether attended or unattended in Kezar Park- 
ing Lot, unless allowed otherwise by permit. 

(k) No person shall, in any park, allow any 
automobile or any other vehicle that is disabled 
to remain parked in any parking lot which is 
open for public use and for which a fee is charged 



for parking, including but not limited to Kezar 
Parking Lot, unless otherwise allowed by permit. 
(Added by Ord. 603-81, App. 12/18/81; amended 
by Ord. 428-86, App. 10/31/86; Ord. 192-88, App. 
5/5/88) 

SEC. 6.01.1. LIMITATION ON TRAVEL 
LANES FOR MOTOR VEHICLES OVER 
PORTIONS OF MARTIN LUTHER KING 
JR. DRIVE AND NINTH AVENUE IN 
GOLDEN GATE PARK. 

The portions of the streets in Golden Gate 
Park, now known as Martin Luther King, Jr. 
Drive and Ninth Avenue, commencing at the 
entrance to Golden Gate Park at Ninth Avenue 
and Lincoln Way and extending to the intersec- 
tion of Martin Luther King Jr. Drive and Con- 
course Drive in the vicinity of the Music Con- 
course, shall not provide for more than one lane 
in each direction for motor vehicle through traf- 
fic. Nothing in this Section shall be deemed to 
prohibit the use of the remainder of such street 
for any combination of parking for motor vehicles 
or bicycle- or public transit-only traffic. (Added 
by Proposition G, 11/8/2005) 

SEC. 6.02. TOWING OF VEHICLES. 

Whenever any member of the San Francisco 
Police Department, employee or lessee autho- 
rized by the Recreation and Park Department or 
Commission finds any vehicle parked in viola- 
tion of Sections 601(d), (e), (f), (g), (h), (i), (j), or 
(k) of this Code, such officer, employee or lessee 
may provide for the removal of such vehicle, so 
long as signs have been posted to inform the 
public that vehicles so parked are subject to 
removal and, with respect to Section 601(i), so 
long as there is an attendant on duty or other 
facilities permitting the patron to pay or remit 
the parking charges at the time the vehicle is 
first parked. 

The procedure for removal and impounding 
of vehicles shall be as is provided for in appli- 
cable provisions of the San Francisco Traffic 
Code and Sections 22850 to 22855 of the Califor- 
nia Vehicle Code. 

Moreover, any vehicle stopped, parked or left 
standing in such a manner as to violate Sections 




Supp. No. 7, April 2007 



55 



Traffic Regulations 



Sec. 6.09. 



6.01(d), (e), (f), (g), (h), (i), 0'), or (k) of this Code 
is an obstruction to the free use of property and 
a nuisance within the meaning of Part III of the 
Civil Code of CaUfornia relating to nuisances 
and the abatement thereof (Added by Ord. 603- 
81, App. 12/18/81; amended by Ord. 428-86, App. 
10/31/86) 

SEC. 6.03. PARKING OF CUSTOMER'S 
VEHICLES IN GOLDEN GATE PARK. 

It is unlawful for any person who operates or 
is employed by a business, including but not 
limited to, an auto repair business, which has 
custody of vehicles belonging to persons other 
than those who own or are employed by the 
business, to park any such vehicle in Golden 
Gate Park. (Added by Ord. 603-81, App. 12118/ 
81) 

SEC. 6.04. CERTAIN BUSINESS 
VEHICLES PROHIBITED FROM GOLDEN 
GATE PARK. 

It shall be unlawful for any person who 
operates or is employed by a business which is 
located within one mile of Golden Gate Park to 
park in Golden Gate Park within one mile of 
such business location a vehicle having thereon 
or attached thereto any exposed matter advertis- 
ing such business or containing the name of such 
business. (Added by Ord. 603-81, App. 12/18/81) 

SEC. 6.05. COMMERCIAL VEHICLES 
PROHIBITED. 

No person shall bring or cause to be brought 
into any park any vehicle designed, used or 
maintained primarily for the transportation of 
goods, wares, merchandise, soil, building mate- 
rial or other article or thing of commerce or 
trade, except by (1) the transverse road across 
Golden Gate Park between Lincoln Way at Nine- 
teenth Avenue and Fulton Street at Park-Pre- 
sidio Boulevard and/or Twenty-fifth Avenue, or 
(2) upon Stanyan Street between Fell Street and 
Oak Street, unless such person is bringing such 
vehicle into a park by permission of the Recre- 
ation and Park Department. (Added by Ord. 
603-81, App. 12/18/81) 



SEC. 6.06. PARKING OF SIGHTSEEING 
BUSES. 

No person shall park a sightseeing bus in 
Golden Gate Park unless such person (1) has 
obtained a permit from the Recreation and Park 
Department and paid any fee which may be 
required by the Department for the issuance of 
such permit and (2) parks in an area which has 
been designated by the Commission as a parking 
area for sightseeing buses, either by the posting 
of a sign or by written notice kept on file with the 
Secretary of the Commission and made available 
to any interested person upon request. (Added by 
Ord. 603-81, App. 12/18/81) 

SEC. 6.07. FUNERAL PROCESSION 
ROUTES. 

No funeral precession, hearse, nor any ve- 
hicle designed for or carrjang the body of a 
deceased person shall enter Golden Gate park 
except (1) by the transverse road across Golden 
Gate Park between Lincoln Way at Nineteenth 
Avenue and Fulton Street at Park-Presidio Bou- 
levard and/or Twenty-fifth Avenue, or (2) upon 
Stanyan Street between Fell Street and Oak 
Street or (3) upon Main Drive from the Stanyan 
Street entrance to the park to Kezar Drive and 
along Kezar Drive to Lincoln Way. (Added by 
Ord. 603-81, App. 12/18/81) 

SEC. 6.08. TRANSPORTATION OF 
RESIDENTIAL OR COMMERCIAL 
GARBAGE. 

It is unlawful to transport residential or 
commercial garbage in any vehicle within the 
confines of any park. "Garbage" shall include, 
but not be limited to, the following: Dry or wet 
fill, emptied food containers, metallic machinery 
parts, auto parts, refuse, offal, vegetables, paper, 
dirt, remains of food, newspapers, filth or rub- 
bish. This Section shall not apply to an autho- 
rized scavenger service which is servicing any 
facility or area in any park. (Added by Ord. 
603-81, App. 12/18/81) 

SEC. 6.09. SOLICITING PASSENGERS 
FOR VEHICLES PROHIBITED. 

No person shall solicit or arrange or contract 
or make any agreement for or establish or main- 



Supp. No. 7, April 2007 



Sec. 6.09. 



San Francisco - Park Code 



56 



tain any stand or other equipment for procuring 
customers or passengers for any carriage, coach, 
automobile, bus or other vehicle, let or used for 
hire, in any park without first having obtained a 
permit to do so from the Recreation and Park 
Commission. Nor shall any person drive or park 
a taxicab in any park for the purpose of procur- 
ing customers unless such person is responding 
to a call for a taxicab. (Added by Ord. 603-81, 
App. 12/18/81) 

SEC. 6.10. PENALTIES. 

A person who violates Section 6.01(c), (d), (e), 
(f) or (g) of this Code shall be guilty of an 
infraction and upon conviction thereof shall be 
punished for the first offense by a fine not to 
exceed $50; for the second offense committed 
within a one-year period by a fine not to exceed 
$100; for a third and each additional offense 
committed within a one-year's period by a fine 
not to exceed $250. 

This Section shall not be deemed to contra- 
dict Section 6.02 of this Code concerning the 
towing of vehicles in violation of Section 601(d), 
(f) or (g). (Added by Ord. 603-81, App. 12/18/81) 

SEC. 6.11. EXCEPTIONS. 

The provisions of this Article shall not apply 
to any person employed by the City and County 
of San Francisco, the State of California, or the 
United States Government while in the dis- 
charge of authorized duties and while operating 
an official vehicle or any other vehicle with an 
appropriate permit displayed. (Added by Ord. 
603-81, App. 12/18/81) 

SEC. 6.12. DISABILITY ACCESS 
STANDARDS AND AUTHORIZED 
VEHICULAR TRAFFIC USE FOR 
GOLDEN GATE PARK DURING SUNDAY 
ROAD CLOSURES. 

(a) Findings and Purpose. 

(i) Golden Gate Park was created more than 
100 years ago to provide a sanctuary from the 
pressures of urban life. Golden Gate Park re- 
mains an irreplaceable resource of open space for 



visitors to and residents of San Francisco, espe- 
cially those families for whom it is difficult to 
travel out of the City for recreation. 

(ii) For more than 30 years, Sunday and 
holiday closure to motor vehicles of a portion of 
John F. Kennedy Drive, approximately 1.5 miles 
in length, between Kezar Drive and Transverse 
Drive, and closure of portions of adjacent roads 
connecting with that portion of John F. Kennedy 
Drive, has been one of the most popular attrac- 
tions in Golden Gate Park, attracting hundreds 
of thousands of people each year from every 
neighborhood, racial/ethnic group, age category, 
and income level. 

(iii) Proposition J. the Golden Gate Park 
Revitalization Act of 1998, adopted by San Fran- 
cisco voters on June 2, 1998, has as one of its 
primary purposes to take steps to reduce the 
impact of automobiles in Golden Gate Park while 
still providing long-term assurance of safe, reli- 
able, and convenient access for visitors to the 
Park. This goal remains of paramount impor- 
tance in ensuring that Golden Gate Park is 
scenically beautiful, environmentally sensitive, 
culturally diverse, and accessible to all. 

(iv) Concerns about ensuring automobile ac- 
cess to the cultural institutions in the Golden 
Gate Park Concourse area, including the M.H. 
de Young Memorial Museum and the California 
Academy of Sciences ("CAS"), have been ad- 
dressed by the construction of an underground 
parking garage in the Concourse area pursuant 
to the aforementioned Proposition J. 

(b) Disability Access Standards. The fol- 
lowing disability access standards shall apply to 
the Sunday and holiday road closures of John K. 
Kennedy Drive and related roads. 

(i) Disability access to Golden Gate Park 
shall comply with the Americans with Disabili- 
ties Act and the Golden Gate Park Revitalization 
Act of 1998. 

(ii) All vehicular access points to the areas 
of closure shall contain directional signage that 
describes all access points and accessible surface 
parking areas for people with disabilities and 
provides directions to the underground parking 
facility in the Music Concourse. Signage also 



Supp. No. 7, April 2007 



57 



Traffic Regulations 



Sec. 6.13. 



shall include telephone and TTY/TDD contact 
numbers where callers can obtain information 
on disability access during the road closure pe- 
riods. 

(iii) The Department, in consultation with 
the Department of Parking and Traffic, Fine Arts 
Museums, Golden Gate Park Concourse Author- 
ity, and Mayor's Office on Disability, shall ex- 
plore and adopt disability access measures. Such 
measures may include, but are not limited to: 

(A) The provision of eight (8) accessible park- 
ing spaces on 8th Avenue between Fulton Street 
and John F. Kennedy Drive during the closure 
period. 

(B) An additional ten (10) accessible park- 
ing spaces to assist with access to the road 
closure areas. 

(C) A signed drop-off zone for people with 
disabilities on Bowling Green Drive as close as 
practicable to its intersection with John F. 
Kennedy Drive. 

(D) An authorized intra-park transit shuttle 
that is accessible and operates frequently on the 
closed sections of John F. Kennedy Drive, addi- 
tional accessible parking spaces and additional 
signed drop-off zones for people with disabilities 
outside of the area of closure. 

(c) Exempt Motor Vehicles. The following 
motor vehicles are exempt from the Sunday road 
closures: 

(i) Emergency vehicles, including but not 
limited to police and fire vehicles; 

(ii) Official City, State, or federal vehicles, 
or any other authorized vehicle, being used to 
perform official City, State, or federal business 
pertaining to Golden Gate Park or any property 
or facility therein, including but not limited to 
vehicles of the Recreation and Park Department 
and construction vehicles authorized by the Rec- 
reation and Park Department; and 

(iii) Authorized intra-park transit shuttle 
buses or similar authorized vehicles used to 
transport persons within Golden Gate Park. 

(d) Emergency Authority. The General 
Manager of the Recreation and Park Depart- 
ment shall have the authority to allow traffic on 



roads that would otherwise be closed in accor- 
dance with this Section in circumstances which 
in the General Manager's judgment constitute 
an emergency such that the benefit to the public 
from the street closure is outweighed by traffic 
burden or public safety hazard created by the 
emergency circumstances. (Added by Ord. 229- 
06, File No. 060701, App. 9/14/2006) 

SEC. 6.13. PROHIBITION ON MOTOR 
VEHICLE TRAFFIC IN GOLDEN GATE 
PARK ON SATURDAYS. 

(a) Findings and Purpose. 

(i) This legislation supports and is in fur- 
therance of the findings set forth in Section 6.12. 

(ii) The public interest will be served by a 
Saturday closure of John F. Kennedy Drive, 
between Transverse Drive and the western side 
of Hagiwara Tea Garden Drive, and closure of 
Stow Lake Drive East connecting with that por- 
tion of John F. Kennedy Drive. 

(iii) Saturday road closures are necessary 
for the safety and protection of persons who 
would use these roads during the closures. 

(b) Saturday Road Closures. The follow- 
ing roads in Golden Gate Park shall be closed to 
motor vehicle traffic on Saturdays, from 6:00 
a.m. to 6:00 p.m. Pacific Standard Time and 
Pacific Daylight Time, subject to the inclement 
weather condition protocols that apply to the 
current Sunday road closures: John F. Kennedy 
Drive between Transverse Drive and the western 
side of Hagiwara Tea Garden Drive and Stow 
Lake Drive between Stow Lake Drive East and 
John F. Kennedy Drive. The Recreation and 
Park Department, with the assistance, as needed, 
of other City departments, shall arrange for 
appropriate barriers to motor vehicles to be 
placed within Golden Gate Park so as to effectu- 
ate the aforementioned street closures. The Sat- 
urday road closures mandated in this subsection 
(b) shall be in effect from the first Saturday in 
April through the last Saturday in September. 

(c) The disability access standards, exempt 
motor vehicles provision, and the emergency 
authority of the General Manager, as set forth in 
Sections 6.12(b), (c), and (d), respectively, shall 



Supp. No. 12, November/December 2007 



Sec. 6.13. 



San Francisco - Park Code 



58 



apply to the Saturday road closures established 
herein. The Saturday closures established herein 
also shall be subject to the following additional 
conditions: 

(i) Prior to the annual starting date for the 
closures set forth in subsection (b), the Director 
of the Mayor's OflRce on Disability, in consulta- 
tion with the Recreation and Park Department 
and the DeYoung Museum Access Division, shall 
determine whether physical accessibility is pro- 
vided through the closure area compliant with 
the Americans with Disabilities Act. 

(ii) Vehicle deliveries to the DeYoung Mu- 
seum loading dock during the Saturday and 
Sunday closure are specifically acknowledged 
and authorized herein. Such vehicles shall have 
unimpeded access to the Museum's loading dock 
from John F. Kennedy Drive through the road 
closure area. The DeYoung Museum shall de- 
velop appropriate protocols that provide for un- 
encumbered delivery access to its loading dock 
and maintain safety of individuals within the 
road closure area. The Museum shall evaluate 
such protocols and delivery activities on a regu- 
lar basis to ensure that adequate delivery access 
and public safety are maintained. If necessary, 
the Recreation and Park Department, in consul- 
tation with the Mayor's Office, shall institute 
additional or modified methods that ensure ad- 
equate delivery access to the Museum and public 
safety. 

(iii) The Recreation and Park Department, 
in consultation with the Mayor's Office on Dis- 
ability, shall develop appropriate signage for the 
Saturday Road closure to minimize any traffic 
disruption. 

(d) Effect on Sunday and Holiday Road 
Closures. This Section is not intended to have 
any effect on street closures in Golden Gate Park 
on Sundays and holidays except for the provi- 
sions of subsection (c)(ii) concerning delivery 
access to the DeYoung Museum's loading dock. 

(e) Conflict With Other Provisions of 

Law. If any provision of this Section conflicts 
with an earlier enacted provision of this Article 



or of any other earlier enacted provision of law, 
and the conflict cannot be reasonably reconciled, 
the provision of this Section shall govern. 

(f) Severability. If any provision, sentence, 
clause, or other part of this Section is held to be 
invalid or unlawful, such a holding shall not 
limit or abrogate other parts of this Section that 
can be given effect independently of the invalid 
or unlawful provision, sentence, clause, or part. 
If the application of a provision, sentence, clause, 
or other part of this Section to a person or class 
of persons, or to a specific circumstance, is held 
to be invalid or unlawful, such a holding shall 
not limit or abrogate other applications of the 
same provision, sentence, clause, or part that 
can be given effect independently of the invalid 
or unlawful application. (Added by Ord. 98-07, 
File No. 070269, App. 5/4/2007; Ord. 271-07, File 
No. 070489, App. 11/26/2007) 
[The next page is 65] 



Supp. No. 12, November/December 2007 



ARTICLE 7: PERMITS 



Sec. 7.01. Permits — Purpose. 

Sec. 7.02. Definitions. 

Sec. 7.03. Permits Required. 

Sec. 7.04. Additional Activities Requiring 

Permits. 
Sec. 7.05. Permit Procedure. 

Sec. 7.06. Conditions. 

Sec. 7.07. Permits — Basis for Denial. 

Sec. 7.08. Petitioning, Leafletting, 

Picketing, Soliciting. 
Sec. 7.09. Reservation of Buildings and 

Stadiums. 
Sec. 7.10. Yacht Harbor. 

Sec. 7.11. Sales Prohibited at Art Shows. 

Sec. 7.12. Commercial Photography, 

Filming, Recording. 
Sec. 7.13. Permits — Athletic Events. 

Sec. 7.14. Permit Requests by 

Governmental Units. 
Sec. 7.15. Permits — Rights Granted. 

Sec. 7.16. Duties of Permittee. 

Sec. 7.17. Permits — Failure to Obtain. 

Sec. 7.18. Procedure for Billing Costs. 

Sec. 7.19. Violation of Permit Conditions. 

Sec. 7.20. Appeal. 

Sec. 7.21. Farmers' Markets. 

SEC. 7.01. PERMITS— PURPOSE. 

Although the First Amendment of the U.S. 
Constitution and Article 1, Section 9 of the 
California Constitution guarantee freedom of 
speech and association, the City and County of 
San Francisco is authorized to impose reason- 
able restrictions on the time, place and manner 
of such expression. In accordance with this right, 
the City requires permits for certain activities 
which occur on park property in order (1) to 
coordinate activities planned by different groups 
so that as many people as possible can use and 
enjoy the park at the same time; (2) to learn the 



details of the proposed activity in order to estab- 
lish rules aimed at preventing inconvenience or 
harm to the public or the park; (3) to require 
appropriate insurance in order to relieve the 
City of liability from any harm that occurs; and 
(4) to insure that recreational facilities most 
suited for the activity are used. (Added by Ord. 
603-81, App. 12/18/8i) 

SEC. 7.02. DEFINITIONS. 

For the purposes of this Article, the following 
terms shall be defined as indicated below: 

(a) Amusement Park Rides — Rides of the 
type normally found in amusement parks or 
carnivals, such as ferris wheels. 

(b) Animal Show — The formal exhibition 
of animals to the public or to a group of 25 or 
more persons for entertainment or competition. 

(c) Art Shows — The exhibition or display 
of paintings, sculptures or other works of art, but 
not activities performed by street artists licensed 
pursuant to Part II, Chapter VIII (Police Code) of 
the San Francisco Municipal Code. 

(d) Band — A group of musicians playing 
acoustical instruments normally played in a brass 
band. 

(e) Demonstration — Carrying or wearing 
a sign or signs, singing, talking in unison or in 
any other manner expressing ideas, advocating 
causes or convejdng a message to the public at 
large or to a particular person or persons. 

(f) Exhibition — Public display of manufac- 
tured goods, plants or other objects but not 
displays by street artists licensed pursuant to 
Part II, Chapter VIII (Police Code) of the San 
Francisco Municipal Code. 

(g) Leafletting— Distributing leaflets, hand- 
bills, notices or any written material to the 
public. 

(h) Music Concourse Area of Golden 
Gate Park — This area is comprised of (1) the 
area bounded by Tea Garden Drive, So\jLtK Drive 



65 



Supp. No. 5, February 2007 



Sec. 7.02. 



San Francisco - Park Code 



66 



and Academy Drive; (2) the entire area in front of 
the Academy of Sciences, the de Young Museum 
and the Fine Arts Museum; (3) the interior of the 
Japanese Tea Garden; and (4) the entire area in 
front of the Japanese Tea Garden. 

(i) Orchestra — A group of musicians play- 
ing string, percussion, brass and woodwind in- 
struments. 

(j) Parade — ^Any march or other organized 
movement or persons from place to place or 
about a place. 

(k) Petitioning — Requesting persons to sign 
a petition. 

(1) Publicize — To inform the public of a 
planned event by means of newspaper articles or 
notices, radio or television stories or notices, 
announcements in public places, leafletting, post- 
ing signs or written notices in places viewed by 
the public, or by other means calculated to notify 
the public of an event. 

(m) Soliciting — Requesting persons to con- 
tribute money or an5^hing else of value for a 
charitable, religious or political cause. (Added by 
Ord. 603-81, App. 12/18/81) 

SEC. 7.03. PERMITS REQUIRED. 

No person shall, without a permit, perform 
any of the following acts in any park: 

(a) Conduct or sponsor a parade involving 
(1) 50 or more persons; (2) the use of any street in 
any park; or (3) vehicles. 

(b) Conduct or sponsor an event in which 
persons engage in petitioning, leafletting, dem- 
onstrating or soliciting when the number of 
petitioners, leafletters, demonstrators, or solici- 
tors engaging in one or more of these activities 
involves 50 or more such persons at the same 
time within an area circumscribed by a 500 foot 
radius. 

(c) Engage in soliciting in the Music Con- 
course Area of Golden Gate Park. This subsec- 
tion shall not preclude the Commission from 
prohibiting persons from soliciting inside the 
Japanese Tea Garden. 

(d) Sell or offer for sale books, newspapers, 
periodicals or other printed material. 



(e) Conduct or sponsor any exhibit, promo- 
tion, dramatic performance, theatrics, panto- 
mime, dance, fair, circus, festival, juggling or 
other acrobatics or show of any kind or nature 
which has been publicized four hours or more in 
advance. 

(f) Perform any feat of skill or produce any 
amusement show, movie or entertainment which 
has been publicized four hours or more in ad- 
vance. 

(g) Make a speech which has been publi- 
cized four hours or more in advance. 

(h) Conduct or sponsor a religious event 
involving 50 or more persons; 

(i) Conduct or sponsor a concert or musical 
performance which (1) has been publicized four 
hours or more in advance, or (2) utilizes sound 
amplification equipment, or (3) involves a band 
or orchestra. 

(j) Participate in a picnic, dance or other 
social gathering involving 25 or more persons. 

(k) Sell or provide food to persons, except 
that no permit is required when a person partici- 
pating in a picnic or social gathering of 25 or 
fewer persons provides food to others who are 
also participating in the picnic or social gather- 
ing. 

(1) Conduct or sponsor a race or marathon 
which involves 25 or more persons as partici- 
pants or which obstructs or interferes with the 
normal flow of vehicular or pedestrian traffic. 

(m) Conduct or sponsor any event which 
utilizes sound amplification equipment, as de- 
fined in Part II, Chapter VIII (Pohce Code) of the 
San Francisco Municipal Code. 

(n) Conduct or sponsor an exhibition. 

(o) Conduct or sponsor an animal show. 

(p) Conduct a wedding ceremony. 

(q) Conduct or sponsor an art show. 

(r) Operate any amusement park device. 
The Commission may prohibit the operation of 
such devices in any park or, if it allows such 
operation, may designate those locations where 
such operation is permitted. 

(s) Conduct or sponsor an organized kite- 
flying event of any club or organization. 



Supp. No. 5, February 2007 



67 



Permits 



Sec. 7.06. 



(t) Station or erect any table, scaffold, stage, 
platform, rostrum, tower, stand, bandstand, build- 
ing, fence, wall, monument, dome or other struc- 
ture. 

(u) Park any vehicle in any park in an area 
not normally used for parking vehicles or in an 
area normally used for parking vehicles when 
the vehicle is used in conjunction with an activ- 
ity for which a permit is obtained pursuant to a 
provisions of this Code other than this Subsec- 
tion. (Added by Ord. 603-81, App. 12/18/81) 

SEC. 7.04. ADDITIONAL ACTIVITIES 
REQUIRING PERMITS. 

(a) Attention is called to other provisions of 
this Code which require persons engaging in 
certain activities to obtain a permit, including, 
but not limited to, the following: 

(1) Launching or landing any airplane, he- 
licopter, parachute, hang glider, hot air balloon 
or other machine or apparatus of aviation, in any 
park, or bringing into a park any balloon with a 
diameter of more than six feet or a gas capacity 
of more than 115 cubic feet (See Section 3.09); 

(2) Bringing, or causing to be brought, for 
the purposes of sale or barter, or having for sale, 
or selling or exchanging, or offering for sale or 
exchange any goods, wares or merchandise (See 
Section 3.10); 

(3) Constructing or maintaining any build- 
ing, structure, tent or any other thing in any 
park that may be used for housing accommoda- 
tions or camping (See Section 3.12); 

(4) Remaining in any park for the purpose 
of sleeping between the hours of 10:00 p.m. and 
6:00 am. in order to provide security services 
between said hours in any park (See Section 
3.13). 

(b) The Recreation and Park Commission 
may by resolution require a permit for additional 
activities when such a requirement furthers the 
purposes set forth in Section 7.01 of this Code. A 
list of the additional activities for which permits 
are required shall be posted at McLaren Lodge in 
Golden Gate Park and filed with the Secretary of 
the Recreation and Park Commission and the 



Clerk of the Board of Supervisors, and shall be 
made available to the public upon request. (Added 
by Ord. 603-81, App. 12/18/81) 

SEC. 7.05. PERMIT PROCEDURE. 

The Recreation and Park Commission shall 
by resolution adopt procedures for the filing and 
processing of permit applications, which resolu- 
tion shall be filed with the Clerk of the Board of 
Supervisors and the Secretary of the Recreation 
and Park Commission and shall be made avail- 
able to the public upon request. The resolution 
required by this Section, as well as any amend- 
ment thereto, is subject to the prior approval of 
the City Attorney (Added by Ord. 603-81, App. 
12/18/81) 

SEC. 7.06. CONDITIONS. 

(a) The General Manager or the Recreation 
and Park Commission may impose reasonable 
conditions on approval of a permit application in 
order to insure that public or private property is 
not damaged and that the comfort, convenience, 
safety or welfare of the public is not disturbed. 
Such conditions maj'^ be imposed on a permittee 
after the permit application has been approved if 
information is received by the General Manager 
after such approval which would provide reason- 
able grounds for the conclusion that further 
conditions are necessary, including the condition 
that the location of the proposed activity be 
changed. The provisions of this Section are de- 
signed to secure for permit holders an opportu- 
nity fully to exercise the rights conferred upon 
them by the permit without unreasonably inter- 
fering with the rights of other members of the 
public to use park property and adjacent areas or 
to engage in First Amendment activities. The 
General Manager shall in no event impose con- 
ditions pursuant to this Section which are de- 
signed to limit the content of First Amendment 
expression engaged in by persons affected by the 
permit or which unreasonably interfere with the 
right of free speech. 

(b) The conditions which may be imposed 
on permit applicants include the following: (1) 
posting a performance bond to insure that prop- 
erty is restored and cleaned at the conclusion of 



Supp. No. 5, February 2007 



Sec. 7.06. 



San Francisco - Park Code 



68 



the permitted activity; (2) providing insurance to 
protect the City from habiUty from any harm 
that such activity might cause; and (3) agreeing 
to reimburse the Recreation and Park Depart- 
ment for any costs incurred by it in restoring 
damage to property, caused by the actions of the 
permittee, its officers, employees, or agents, or 
any person who was, or reasonably should have 
been, under the permittee's control and to defend 
the City against, and indemnify and hold the 
City harmless from, any liability to any person 
resulting from any damage or injury caused by 
the actions of the permittee, its officers, employ- 
ees, or agents, or any person who was or reason- 
ably should have been, under the permittee's 
control. 

(c) When an applicant for a permit to per- 
form an activity which is protected by the First 
Amendment to the U.S. Constitution and for 
which a performance bond must be posted pro- 
duces evidence that providing a cash perfor- 
mance bond would be impossible or so financially 
burdensome that it would preclude the applicant 
from using park property for the proposed activ- 
ity, the General Manager shall accept property in 
lieu of a cash performance bond so long as the 
property offered is of a type which will reason- 
ably insure restoration and cleaning of the prop- 
erty to be used by the applicant at the conclusion 
of the permitted activity. 

(d) No applicant shall be required to comply 
with the provisions of Subsection (b)(2) pertain- 
ing to insurance if the activity proposed is pro- 
tected by the First Amendment of the U.S. Con- 
stitution and the applicant produces evidence 
that compl3ring with those provisions is impos- 
sible or so financially burdensome that it would 
preclude the applicant from using park property 
for the proposed activity. (Added by Ord. 603.81, 
App. 12/18/81) 

SEC. 7.07. PERMITS— BASIS FOR 
DENIAL. 

The General Manager shall approve a permit 
application unless: 

(a) A prior application for a permit to use 
the same location at the same time has been 
received and such application has been or will be 



approved authorizing an activity which does not 
reasonably permit multiple occupancy of the 
area; 

(b) The proposed activity would conflict with 
a previously planned program sponsored by the 
Recreation and Park Department or Commission 
and scheduled for the same location as that 
requested by the applicant; 

(c) The General Manager has reasonable 
cause to conclude that the applicant or any 
person or persons participating in the proposed 
activity will, in connection with that activity, 
cause physical injury to person or substantial 
damage to property; provided, however, that in 
determining whether such reasonable cause ex- 
ists the General Manager shall not consider the 
content of expression which is proposed or antici- 
pated; 

(d) The proposed activity is inconsistent with 
the purpose for which the facility or area has 
been established or designated; 

(e) The location selected is inappropriate 
because (1) the nature of the proposed activity or 
the number of persons expected in connection 
with the activity would be likely to damage trees, 
plants or other vegetation; (2) the activity would 
unduly disturb adjacent neighborhoods because 
of the nature of the proposed activity or the 
number of persons expected to be involved; or (3) 
other activities have been scheduled in an area 
or areas near the location proposed by the appli- 
cant, or they normally occur in such area or 
areas, and permitting the proposed activity to 
occur in the proposed location would unreason- 
ably interfere with park use and enjojrment by 
participants in such activities; 

(f) The applicant fails to obtain necessary 
approvals, permits, or licenses from other gov- 
ernmental departments or agencies; 

(g) The applicant has not complied with the 
procedural requirements established by Commis- 
sion resolution for the filing of permit applica- 
tions; 

(h) The applicant fails or refuses to pay a 
processing fee or a user fee, or both, which the 
Recreation and Park Commission has estab- 
lished by resolution; 



Supp. No. 5, February 2007 



69 



Permits 



Sec. 7.08. 



(i) The applicant fails or refuses to post a 
performance bond when required to do so by the 
Recreation and Park Commission; 

(j) The applicant fails or refuses to provide 
insurance when required to do so by the Recre- 
ation and Park Commission; 

(k) The applicant fails or refuses to execute 
an agreement to reimburse the Recreation and 
Park Department for any costs incurred by it in 
restoring damage to the property occasioned by, 
or arising out of, the permitted activity, and to 
defend the City against and indemnify and hold 
the City harmless from, any liability to any 
person occasioned by, or arising out of, the per- 
mitted activity, when such an agreement is re- 
quired by the Recreation and Park Commission; 

(1) The application contains misrepresenta- 
tions of material fact; 

(m) The proposed activity is prohibited by 
law; 

(n) The applicant refuses to comply with 
conditions reasonably imposed on approval of 
the permit application by the General Manager 
or the Recreation and Park Commission in order 
to insure that public or private property is not 
damaged and that the comfort, convenience, safety 
and welfare of the public are not disturbed. 

Whenever a permit application is denied, the 
General Manager shall inform the applicant of 
the reason for the denial and when a change in 
location would allow approval, shall offer alter- 
native suitable locations. (Added by Ord. 603-81, 
App. 12/18/81) 

SEC. 7.08. PETITIONING, 
LEAFLETTING, PICKETING, 
SOLICITING. 

(a) No permit may be required to engage in 
petitioning, leafletting, demonstrating or solicit- 
ing so long as engaging in any of these activities, 
or any combination of these activities, does not 
involve 50 or more petitioners, leafletters, dem- 
onstrators, or solicitors at the same time within 
an area circumscribed by a 500-foot radius, pro- 
vided, however, that a permit is required to 
solicit in the Music Concourse Area of Golden 
Gate Park. 



(b) It shall be unlawful for any person to 
engage in petitioning, leafletting, demonstrating 
or soliciting in such a manner as to substantially 
obstruct any traffic of pedestrians or vehicles 
after being warned by a peace officer or a mem- 
ber of the Park Patrol not to do so. 

(c) No person may engage in petitioning, 
leafletting, demonstrating or soliciting inside the 
San Francisco Zoological Gardens. 

(d) Stern Grove, Justin Herman Plaza, Ports- 
mouth Square, Union Square, Mission Dolores 
Park, Civic Center, and the Music Concourse of 
Golden Gate Park are frequent sites for the 
issuance of permits involving large groups of 
people. In order to prevent interference with the 
progress and enjoyment of these events, no per- 
son may engage in petitioning, leafletting, dem- 
onstrating or soliciting in these parks while an 
event is in progress for which a permit has been 
issued by the Recreation and Park Department 
except in those areas described below as public 
assembly areas. No person shall be considered in 
violation of the prohibition contained in this 
subsection until he or she has been informed by 
a member of the San Francisco Police Depart- 
ment, a member of the Park Patrol, or a member 
of the Recreation £ind Park Department who 
displays proper identification of such employ- 
ment that the event is being conducted pursuant 
to a valid permit or until the permit pursuant to 
which the event is being conducted has been 
shown to such person. The areas in which peti- 
tioning, leafletting, demonstrating and soliciting 
are prohibited during permitted events and the 
designated public assembly areas during permit- 
ted events are described below. 

Stern Grove — The prohibited area is the 
open grassy area of the grove known as the 
"concert green" which is reserved for performers 
and the audience. The public assembly area is 
comprised of all areas outside the concert green, 
beginning beyond the hedges that delineate the 
east and west entrances to the concert green. 

Justin Herman Plaza — The prohibited area 
is that portion of the Plaza located at the east 
end below street level, including the steps lead- 



Supp. No. 5, February 2007 



Sec. 7.08. 



San Francisco - Park Code 



70 



ing down to that area. The pubUc assembly area 
is the western portion of the Plaza at street level. 

Portsmouth Square — The prohibited area 
is within 50 feet of the elevator. The public 
assembly area is any portion of the Square 
beyond a 50-foot radius of the elevator. 

Union Square — The prohibited area is the 
western half (Powell Street side) of the Square. 
The public assembly area is the eastern half 
(Stockton Street side) of the Square. 

Mission Dolores Park — The prohibited area 
is the central portion of the Park extending to 
any point 50 or more feet from the perimeter of 
the Park. The public assembly area is the perim- 
eter of the Park extending from the edges of the 
Park 50 feet inward. 

Civic Center — The prohibited area is the 
central portion of the park which includes the 
fountain and paved areas surrounding the foun- 
tain and extends to the lawned areas to the north 
(McAllister Street) and south (Grove Street). The 
public assembly area includes the lawned por- 
tions at the northern and southern ends of the 
park and the sidewalks internal to the northern 
and southern lawned areas. Also included in the 
public assembly area are, (1) as to the southern 
portion of the park, the Grove Street exterior 
sidewalk and the Larkin Street exterior side- 
walk immediately east of the lawned areas and 
the Polk Street exterior sidewalk immediately 
west of the lawned area and, (2) as to the 
northern portion of the park, the McAllister 
Street exterior sidewalk and the Larkin Street 
exterior sidewalk immediately east of the lawned 
areas and the Polk Street exterior sidewalk 
immediately west of the lawned area. 

Music Concourse of Golden Gate Park — 
The prohibited area is the stage area, within 100 
feet of the stage, and the central depressed 
portion below street level, including the steps 
leading down to the depressed portion. The pub- 
lic assembly area is any area of the Music 
Concourse at street level except for any area 
within 100 feet of the stage. (Added by Ord. 
603-81, App. 12/18/81) 

SEC. 7.09. RESERVATION OF 
BUILDINGS AND STADIUMS. 

The procedure for reserving the use of any 
building or stadium in any park shall be estab- 



lished by the Recreation and Park Department 
and shall be kept on file with the Secretary of the 
Recreation and Park Commission and made avail- 
able to the public upon request. (Added by Ord. 
603-81, App. 12/18/81) 

SEC. 7.10. YACHT HARBOR. 

Mooring space at Yacht Harbor is reserved by 
applying for a permit from the Harbormaster at 
Yacht Harbor. A permittee granted use of Yacht 
Harbor shall enter and use only the mooring 
space designated in the permit and shall at all 
times be subject to and shall obey all rules and 
regulations of the Recreation and Park Depart- 
ment governing Yacht Harbor. (Added by Ord. 
603-81, App. 12/18/81) 

SEC. 7.11. SALES PROHIBITED AT ART 
SHOWS. 

When conducting or participating in an art 
show in any park, no person shall sell or offer for 
sale any work of art. (Added by Ord. 603-81, App. 
12/18/81) 

SEC. 7.12. COMMERCIAL 
PHOTOGRAPHY, FILMING, RECORDING. 

No person shall engage in commercial pho- 
tography, filming or recording in any park with- 
out first having obtained a permit. The proce- 
dure for obtaining such permits shall be 
established by the Recreation and Park Depart- 
ment and shall be kept on file with the Secretary 
of the Recreation and Park Commission and 
made available to the public upon request. (Added 
by Ord. 603-81, App. 12/18/81) 

SEC. 7.13. PERMITS— ATHLETIC 
EVENTS. 

Athletic areas and structures, such as base- 
ball diamonds, soccer pitches, football fields, and 
swimming pools may be reserved by obtaining a 
permit from the Recreation and Park Depart- 
ment. (Added by Ord. 603-81, App. 12/18/81) 

SEC. 7.14. PERMIT REQUESTS BY 
GOVERNMENTAL UNITS. 

Any processing or user fee established by the 
Recreation and Park Commission for the use of 



Supp. No. 5, February 2007 



71 



Permits 



Sec. 7.19. 



park property may be waived where the appH- 
cant is the United States of America, the State of 
CaUfornia or subdivision thereof, an agency or 
commission of the City and County of San Fran- 
cisco, or other governmental unit. (Added by 
Ord., 603-81, App. 12/18/81) 

SEC. 7.15. PERMITS— RIGHTS 
GRANTED. 

Any person possessing a vahd permit, which 
states that an area has been reserved for such 
person's use, has the exclusive right to use the 
area or facility specified in the permit for the 
time specified. It shall be unlawful for any per- 
son to refuse to leave an area or facility which 
has been reserved by a valid permit when asked 
to do so by the person or party displaying such 
permit, by a Recreation and Park Department 
employee, by a police officer, or by a member of 
the Park Patrol, and no person shall in any 
manner disturb or interfere with any person or 
party occupjdng the area under such a permit, 
nor with the belongings of such person or party. 
(Added by Ord. 603-81, App. 12/18/81) 

SEC. 7.16. DUTIES OF PERMITTEE. 

(a) It shall be the duty of every permittee: 

(1) To obey all laws and the terms and 
conditions of the permit; 

(2) To clean the area used after the permit- 
ted activity is over and to restore the area and 
property used to the same condition as existed 
prior to the activity; and 

(3) To reimburse the Recreation and Park 
Department for any expenses incurred by it, 
including the cost of labor, in cleaning or restor- 
ing the park or making repairs to property and 
equipment, which expenses may be occasioned 
by the permitted activity. 

(b) The Recreation and Park Department 
shall, as determined appropriate by the General 
Manager, or a designee, charge a cleaning or 
security deposit in an amount sufficient to cover 
the costs, including staff time, of cleaning or 
restoring park property if permittee fails to do 
so. (Added by Ord. 603-8 1, App. 12/18/81; amended 
by Ord. 47-03, File No. 030095, App. 4/3/2003) 



SEC. 7.17. PERMITS—FAILURE TO 
OBTAIN. 

It shall be unlawful for any person to conduct 
or sponsor any activity which requires a permit 
without first having obtained the appropriate 
permit and, when requested to do so by a Recre- 
ation and Park Department employee, a member 
of the Park Patrol, or by a police officer, display- 
ing such permit. Furthermore, it shall be unlaw- 
ful to participate in such an activity with knowl- 
edge that it is being conducted without a permit 
when a permit is required pursuant to this Code. 
(Added by Ord. 603-81, App. 12/18/81) 

SEC. 7.18. PROCEDURE FOR BILLING 
COSTS. 

Within 30 days of the exercise of any permit, 
the General Manager shall determine and trans- 
mit to the permittee a bill for all costs above and 
beyond any retained security or cleaning depos- 
its which are or will be incurred by the Recre- 
ation and Park Department in cleaning or restor- 
ing any park or making repairs to property and 
equipment, which costs were occasioned by, or 
arose out of, the activity engaged in pursuant to 
the permit. The permittee shall have 30 days 
from the transmission of such bill in which to pay 
or request adjustment of the same. Any request 
for adjustment shall be transmitted in writing to 
the General Manager, who shall determine 
whether an adjustment is proper. The permittee 
shall pay the bill or adjusted bill promptly upon 
transmission to the permittee of a statement of 
the determination of the General Manager with 
respect to the adjustment. Any request for ad- 
justment shall be deemed waived if not timely or 
if not transmitted in writing. (Added by Ord. 
603-81, App. 12/18/81; amended by Ord. 47-03, 
File No. 030095, App. 4/3/2003) 

SEC. 7.19. VIOLATION OF PERMIT 
CONDITIONS. 

Whenever a permittee or those under the 
control of the perDiittee violate any condition 
contained in the permit, a member of the San 
Francisco Police Department may revoke the 
permit. It shall be unlawful for any person to 
continue to engage in an activity for which a 



Supp. No. 5, February 2007 



Sec. 7.19. San Francisco - Park Code 72 

permit was required and issued after the permit 
has been revoked pursuant to this Section, pro- 
vided, however, that no person shall be in viola- 
tion of this Section until notice has been given 
that the permit has been revoked. (Added by 
Ord. 603-81, App. 12/18/81) 

SEC. 7.20. APPEAL. 

The Recreation and Park Commission shall 
by resolution adopt procedures for the appeal of 
the denial of a permit application to the Commis- 
sion or, in those instances when a quorum of the 
Commission cannot be convened in a timely 
manner, to the General Manager. The Commis- 
sion or General Manager shall afford the appli- 
cant an opportunity for a hearing and may 
reverse, affirm or modify in any regard the 
determination of the General Manager concern- 
ing the denial of a permit application. When the 
Commission affirms the denial of a permit appli- 
cation such a decision shall be based on one or 
more of the reasons listed in Section 7.07 of this 
Code. Notwithstanding Section 2.03 of this Code, 
the duty imposed on the General Manager by 
this subsection may not be delegated. (Added by 
Ord. 603-81, App. 12/18/81) 

SEC. 7.21. FARMERS' MARKETS. 

(a) The Commission may permit the loca- 
tion of a Farmers' Market, that meets the re- 
quirements of Administrative Code Chapter 9A. 
or any successor provisions, as certified by the 
Agricultural Commissioner, on park land upon 
findings that such a use: 

(1) Is appropriate for the crowd capacity of 
the particular location; 

(2) Does not adversely affect park grounds 
or facilities beyond the regular usage of the 
particular location; and, 

(3) Does not significantly interfere with the 
public's use and enjoyment of other areas of the 
park, including, but not limited to, children's 
play areas or athletic courts or fields. 

(b) The permit fee shall be at least $50.00 
per stall per day, plus staff costs. (Added by Ord. 
29-07, File No. 061112, App. 2/16/2007) 



[The next page is 91] Supp. No. 5, February 2007 



ARTICLE 8: LAKE MERCED FISHING 



Sec. 8.01. Sport Fishing Permit — Persons 

To Whom Issuable. 

Sec. 8.02. Term of Sport Fishing License — 

Class A and Class B — Fees. 
Sec. 8.03. Permits Issued and Delivered 

by Whom. 
Sec. 8.04. Compensation for Sale of 

Permits. 
Sec. 8.05. Disposition of Money Collected. 

Sec. 8.06. Posting of Area Signs Required. 

Sec. 8.07. California Fish and Game Code. 

Sec. 8.08. Enforcement of Article — Rules 

and Regulations. 
Sec. 8.09. Violations, a Misdemeanor. 

SEC. 8.01. SPORT FISHING PERMIT- 
PERSONS TO WHOM ISSUABLE. 

The Recreation and Park Department shall 
issue a sport fishing permit, granting the privi- 
lege to take fish for purposes other than profit 
from Lake Merced, to any person having at- 
tained the age of 16 years and having a valid 
sport fishing license issued under the provisions 
of the California Fish and Game Code. The 
permit shall be issued only upon payment of a 
fee, the amount of which shall be determined by 
the Recreation and Park Commission. The amount 
of the fee may vary depending upon the class of 
permit issued, the age of the applicant, or any 
other factor considered relevant by the Recre- 
ation and Park Commission. (Added by Ord. 
603-81, App. 12/18/81) 

SEC. 8.02. TERM OF SPORT FISHING 
LICENSE— CLASS A AND CLASS B— 
FEES. 

A sport fishing permit shall authorize the 
person to whom issued to take fish for purposes 
other than profit from Lake Merced, in accor- 
dance with this ordinance, as follows: 

Class A. For a calendar year, or, if issued 
after the beginning of each year, for the remain- 
der thereof. 



Class B. For the specific day of which issued. 
(Added by Ord. 603-81, App. 12/18/81) 

SEC. 8.03. PERMITS ISSUED AND 
DELIVERED BY WHOM. 

Permits granting the privilege to take fish for 
purposes other than profit from Lake Merced 
shall be issued and delivered, upon application, 
by the Recreation and Park Department or by 
any person, firm or corporation currently issuing 
California State sporting fishing licenses and 
appointed and authorized by the Recreation and 
Park Department. (Added by Ord. 603-81, App. 
12/18/81) 

SEC. 8.04. COMPENSATION FOR SALE 
OF PERMITS. 

Any person, firm or corporation, except a 
person employed by the Recreation and Park 
Department, issuing current California State 
sport fishing licenses may be allowed, as com- 
pensation for each permit sold by him, a percent- 
age not to exceed five percent of the amount 
accounted for, which percentage shall be deter- 
mined by the Recreation and Park Department. 
(Added by Ord. 603-81, App. 12/18/81) 

SEC. 8.05. DISPOSITION OF MONEY 
COLLECTED. 

All money collected under the provisions of 
this Article shall be paid into the Recreation and 
Park Department fund. Such money may be 
appropriated annually by the Board of Supervi- 
sors for the purpose of enforcing this Article and 
other laws pertaining to sport fishing activities. 
The Recreation and Park Commission may, 
through the Purchaser of Supplies, enter into 
such contracts as may be required for the en- 
forcement of the provisions of this Article. (Added 
by Ord. 603-81, App. 12/18/81) 

SEC. 8.06. POSTING OF AREA SIGNS 
REQUIRED. 

The Recreation and Park Department shall 
post the shoreline of Lake Merced with signs 



91 



Sec. 8.06. 



San Francisco - Park Code 



92 



warning persons of the forbidden areas and 
notifying them of those areas in which fishing 
shall be allowed. Said signs shall be placed at 
intervals of not less than three each lineal mile of 
shoreline and at the entrance of all roadways 
leading to said lake. Such signs shall be white 
with black lettering thereon, not less than two 
feet high by three feet wide in size, and the main 
lettering thereon shall not be less than two 
inches in height. (Added by Ord. 603-81, App. 
12/18/81) 



thorized to revoke the permit issued such person 
under the provision of this Article. (Added by 
Ord. 603-81, App. 12/18/81) 



SEC. 8.07. CALIFORNIA FISH AND 
GAME CODE. 

The provisions of the California Fish and 
Game Code, insofar as they are pertinent to the 
provisions of this Article, shall apply to the 
taking offish from Lake Merced. (Added by Ord. 
603-81, App. 12/18/81) 

SEC. 8.08. ENFORCEMENT OF 
ARTICLE— RULES AND REGULATIONS. 

The Recreation and Park Commission shall 
provide for the enforcement of the provisions of 
this Article and Article 4 of this Chapter, and is 
authorized to adopt, promulgate and enforce 
such rules and regulations regarding the taking 
of fish from Lake Merced as will carry out the 
meaning and intent of this Article and said 
ordinance. (Added by Ord. 603-81, App. 12/18/81) 

SEC. 8.09. VIOLATIONS, A 
MISDEMEANOR. 

Any person violating any of the provisions of 
this Article shall be guilty of a misdemeanor, and 
shall be punishable therefor by a fine of not more 
than $500 or by imprisonment in the County Jail 
for a period of not more than six months or by 
both such fine and imprisonment. Each such 
person shall be guilty of a separate offense for 
each and every day during any portion of which 
any violation of any provision of this Article is 
committed, continued, or permitted by such per- 
son and shall be punishable accordingly. In ad- 
dition to the penalties hereinabove provided, the 
Recreation and Park Department is hereby au- 



[The next page is 97] 



ARTICLE 8A: [RESERVED] 




97 



San Francisco - Park Code 98 




[The next page is 111] 



ARTICLE 8B: UNITED NATIONS PLAZA 



Sec. 8B.01. Authority of the Director of the 

Department of PubUc Works. 
Sec. 8B.02. Rules and Regulations 

Governing Use of United 

Nations Plaza. 
Sec. 8B.03. Additional Activities Requiring 

Permits. 

SEC. 8B.01. AUTHORITY OF THE 
DIRECTOR OF THE DEPARTMENT OF 
PUBLIC WORKS. 

With respect to United Nations Plaza, the 
Director of the Department of Public Works, or 
his or her designee, shall have the authority to 
manage the Plaza and to perform all functions 
with respect to United Nations Plaza that would 
otherwise be performed by the Recreation and 
Park Department, the Recreation and Park Com- 
mission, the General Manager of the Recreation 
and Park Department, the Superintendent of 
Parks or the employees of the Recreation and 
Park Department under Sections 3.03, 3.07, 3.16, 
4.01, 4.12 and 4.13 of this Code. The Recreation 
and Park Department or Commission and the 
Board of Supervisors shall issue all permits and 
other authorizations required by Articles 3, 4, 
and 7 of this Code pursuant to Section 1.58 of the 
San Francisco Administrative Code. (Added by 
Ord. 17-99, App. 2/12/99; amended by Ord. 148- 
00, File No. 000633, App. 6/30/2000) 

SEC. 8B.02. RULES AND REGULATIONS 
GOVERNING USE OF UNITED NATIONS 
PLAZA. 

The Director of Public Works shall have ju- 
risdiction to set the rules and regulations for 
United Nations Plaza pursuant to Sections 3.01 
and 3.02 of this Code, violation of which rules 
and regulations, when posted in United Nations 
Plaza, shall constitute a misdemeanor or an 
infraction pursuant to Article 10 of this Code. 
The signs posted to advise the public of rules and 
regulations for United Nations Plaza shall in- 



form the public where a copy of the full text of 
the rule or regulation can be obtained. Any such 
rule or regulation shall be consistent with Ar- 
ticles 3, 4 and 7 of this Code and shall be adopted 
after a noticed public hearing upon a finding by 
the Director of Public Works or his or her desig- 
nee that violation of the proposed rule or regu- 
lation would be detrimental to the health, safety, 
or welfare of members of the public using or 
passing through United Nations Plaza or using 
adjoining property. (Added by Ord. 17-99, App. 
2/12/99) 

SEC. 8B.03. ADDITIONAL ACTIVITIES 
REQUIRING PERMITS. 

The Director of Public Works shall have the 
authority to require a permit for additional ac- 
tivities in United Nations Plaza not enumerated 
in Articles 3, 4 and 7 of this Code when such a 
requirement furthers the purposes set forth in 
Section 7.01 of this Code. A list of the additional 
activities for which permits are required shall be 
posted at McLaren Lodge in Golden Gate Park 
and filed with the Secretary of the Recreation 
and Park Commission and the Clerk of the 
Board of Supervisors and shall be made avail- 
able to the public upon request. (Added by Ord. 
17-99, App. 2/12/99) 



111 



San Francisco - Park Code 112 




[The next page is 119] 



ARTICLE 8C: HALLIDIE PLAZA 



Sec. 8C.01. Authority of the Director of 

Property. 
Sec. 8C.02. Rules and Regulations 

Governing Use of Hallidie 

Plaza. 
Sec. 8C.03. Additional Activities Requiring 

Permits. 

SEC. 8C.01. AUTHORITY OF THE 
DIRECTOR OF PROPERTY. 

With respect to Hallidie Plaza, the Director of 
Property, or his or her designee, shall have the 
authority to manage the Plaza and to perform all 
functions with respect to Hallidie Plaza that 
would otherwise be performed by the Recreation 
and Park Department, the Recreation and Park 
Commission, the General Manager of the Recre- 
ation and Park Department, the Superintendent 
of Parks, or the employees of the Recreation and 
Park Department under Sections 3.03, 3.07, 3.16, 
4.11, 4.12 and 4.13 of this Code. The Recreation 
and Park Department or Commission and the 
Board of Supervisors shall issue all other per- 
mits and authorizations required by Articles 3, 4 
and 7 of this Code pursuant to Section 1.58 of the 
San Francisco Administrative Code. (Added by 
Ord. 17-99, App. 2/12/99; amended by Ord. 148- 
00, File No. 000633, App. 6/30/2000) 

SEC. 8C.02. RULES AND REGULATIONS 
GOVERNING USE OF HALLIDIE PLAZA. 

The Director of Property shall have jurisdic- 
tion to set the rules and regulations for Hallidie 
Plaza pursuant to Sections 3.01 and 3.02 of this 
Code, violation of which rules and regulations, 
when posted in Hallidie Plaza, shall constitute a 
misdemeanor or an infraction pursuant to Ar- 
ticle 10 of this Code. The signs posted to advise 
the public of rules and regulations for Hallidie 
Plaza shall inform the public where a copy of the 
full text of the rule or regulation can be obtained. 
Any such rule or regulation shall be consistent 
with Articles 3, 4 and 7 of this Code and shall be 



adopted after a noticed public hearing upon a 
finding by the Director of Property or his or her 
designee that violation of the proposed rule or 
regulation will be detrimental to the health, 
safety, or welfare of members of the public using 
or passing through Hallidie Plaza or using adja- 
cent property. (Added by Ord. 17-99, App. 2/12/ 
99) 

SEC. 8C.03. ADDITIONAL ACTIVITIES 
REQUIRING PERMITS. 

The Director of Property shall have the au- 
thority to require a permit for additional activi- 
ties in Hallidie Plaza not enumerated in Articles 
3, 4 and 7 of this Code when such a requirement 
furthers the purposes set forth in Section 7.01 of 
this Code. A list of the additional activities for 
which permits are required shall be posted at 
McLaren Lodge in Golden Gate Park and filed 
with the Secretary of the Recreation and Park 
Commission and the Clerk of the Board of Su- 
pervisors and shall be made available to the 
public upon request. (Added by Ord. 17-99, App. 
2/12/99) 



119 



San Francisco ■ Park Code 120 



[The next page is 129] 



ARTICLE 9: SEVERABILITY 

Sec. 9.01. Severability. 

SEC. 9.01. SEVERABILITY. 

If any of the provisions of this Code, or the 
apphcation of such provisions to any person or 
circumstance, shall be held invalid, the remain- 
der of this Code, or the application of such 
provisions to persons or circumstances other 
than those to which it is held to be invalid, shall 
not be affected thereby (Added by Ord. 603-81, 
App. 12/18/81) 



129 



San Francisco - Park Code 130 



[The next page is 135] 



ARTICLE 10: PENALTIES 

Sec. 10.01. Penalties. 

SEC. 10.01. PENALTIES. 

Unless otherwise specified in this Code, any 
person violating any section of this Code shall be 
deemed guilty of a misdemeanor or an infraction. 
The complaint charging such violation shall specify 
whether the violation is a misdemeanor or in- 
fraction, which decision shall be that of the 
District Attorney; provided, however, that when- 
ever a person has been arrested and incarcerated 
based solely on the violation or violations of this 
Code, he or she shall retain the right at the time 
of arraignment or plea to object to the offense 
being made an infraction, in which event the 
complaint shall be amended to charge the mis- 
demeanor and the case shall proceed on the 
misdemeanor complaint. 

Upon conviction of a violation charged as an 
infraction, the person so convicted shall be pun- 
ished for the first offense by a fine of not less 
than $10 nor more than $50, and for a second 
and each additional offense by a fine of not less 
than $20 nor more than $100. 

Upon conviction of a violation chgirged as a 
misdemeanor, the person so convicted shall be 
punished by a fine of not more than $500 or by 
imprisonment in the County Jail for a period of 
not more than six months, or by both such fine 
and imprisonment. (Added by Ord. 603-81, App. 
12/18/81) 



135 



San Francisco - Park Code 136 




[The next page is 143] 



ARTICLE 11: YERBA BUENA GARDENS 



Sec. 11.01. Authority of Redevelopment 
Agency Commission. 

Sec. 11.02. Certain Athletic Activities 

Prohibited. 
Sec. 11.03. Animals Prohibited. 
Sec. 11.04. Wheeled Equipment Prohibited. 

SEC. 11.01. AUTHORITY OF 
REDEVELOPMENT AGENCY 
COMMISSION. 

Notwithstanding any other provision of this 
Code, the governing body of the Redevelopment 
Agency of the City and County of San Francisco 
shall have the exclusive authority to set rules for 
Yerba Buena Gardens pursuant to Article 3 of 
this Code, to issue permits for Yerba Buena 
Gardens pursuant to Article 7 of this Code, and 
to designate persons who shall perform all other 
functions for Yerba Buena Gardens which would 
be performed by the General Manager, Superin- 
tendent of Recreation and Superintendent of 
Parks for any other park under this Code. (Added 
by Ord. 370-94, App. 11/4/94) 

SEC. 11.02. CERTAIN ATHLETIC 
ACTIVITIES PROHIBITED. 

No person shall participate in any team ath- 
letic activity in the Yerba Buena Gardens, includ- 
ing but not limited to volleyball, baseball, soccer, 
football or lacrosse, nor in the individual activi- 
ties of roller skating, roller blading, bicycle riding, 
kite fljdng or skateboarding, except when acting 
pursuant to a permit issued by the Commission 
or its designee. (Added by Ord. 370-94, App. 
11/4/94) 

SEC. 11.03. ANIMALS PROHIBITED. 

No person, other than members of the San 
Francisco Police Department when on duty, shall 
bring any animals, including but not limited to 
dogs, cats and horses, into the Yerba Buena 
Gardens except when acting pursuant to a per- 
mit issued by the Commission or its designee. 



Notwithstanding the above provision, a person 
with a disability may enter the Yerba Buena 
Gardens with a guide or signal dog without a 
permit. (Added by Ord. 370-94, App. 11/4/94) 

SEC. 11.04. WHEELED EQUIPMENT 
PROHIBITED. 

No person, other than employees or agents of 
the Commission or its contractors when on duty, 
shall bring any wheeled conveyances, including 
but not limited to trucks, cars and skateboards, 
into the Yerba Buena Gardens except when act- 
ing pursuant to a permit issued by the Commis- 
sion or its designee. Notwithstanding the above 
provision, wheelchairs, strollers and toys appro- 
priate for preschool children, such as wagons 
and tricycles, may be brought into Yerba Buena 
Gardens without a permit. Bicycles may be walked 
through the gardens or locked in designated 
locations without a permit. (Added by Ord. 370- 
94, App. 11/4/94) 



143 



San Francisco - Park Code 144 




[The next page is 161] 



ARTICLE 12: FEES 




Sec. 12.01. Camp Mather Cabin and Tent 

Site Usage Fees. 
Sec. 12.02. Camp Mather Day Use Fees. 
Sec. 12.03. Camp Mather Meal Fees. 
Sec. 12.04. Camp Mather Low Income Fee 

Reductions. 

Sec. 12.05. Japanese Tea Garden. 

Sec. 12.06. Coit Tower. 

Sec. 12.07. Wedding Fees. 

Sec. 12.08. Parking Fees on Recreation and 

Park Property. 
Sec. 12.09. Carrousel Fees. 
Sec. 12.11. Marina Fees. 
Sec. 12.12. Fees at Harding Park and 

Fleming Golf Courses. 
Sec. 12.13. Golf Fees— Lincoln Park. 
Sec. 12.14. Golf Fees— Sharp Park. 
Sec. 12.15. Day Camp Fees. 
Sec. 12.16. Golf Fees— Golden Gate Park. 
Sec. 12.20. Adjustment of Fees. 
Sec. 12.21. Clubhouses. 
Sec. 12.22. Events. 
Sec. 12.23. Picnics. 
Sec. 12.24. Photography and Film. 
Sec. 12.25. Encroachment. 
Sec. 12.26. Golden Gate Park Concourse 

Parking. 
Sec. 12.27. Sharon Arts Studio. 
Sec. 12.28. Reduction or Waiver of Fees. 
Sec. 12.29. Photography Center. 
Sec. 12.30. Latch Key Program. 
Sec. 12.31. Field Trip Reimbursement. 
Sec. 12.32. Resident Golf Cards. 
Sec. 12.33. Golf Carts and Driving Range 

Balls. 
Sec. 12.34. Admission Fees for the 

Conservatory of Flowers. 

Sec. 12.35. Golden Gate Park Concourse 
Underground Parking Facility. 



Sec. 12.36. Athletic Field Fees for Adults. 
Sec. 12.37. GolfFees— McLaren Park (Glen 

Eagles). 
Sec. 12.38. Lake Merced Boat Storage. 
Sec. 12.39. Tiny Tot/Child Development 

Program Fees. 
Sec. 12.40. Aquatic Fees. 
Sec. 12.41. Professional Tennis Lesson 

Rates. 
Sec. 12.42. Stadium Rentals. 
Sec. 12.43. Junior and Family Golf 

Tournaments. 
Sec. 12.44. Recreation Program Fees. 
Sec. 12.45. Reservation Administrative 

Fees. 

SEC. 12.01. CAMP MATHER CABIN AND 
TENT SITE USAGE FEES. 

(a) The following use fees, which reflect a 
discount from the standard fee for nonresiden- 
tial usage, shall be charged to San Francisco 
residents for use of cabin and tent sites at Camp 
Mather. The following fees do not include State 
occupancy tax. 

Cabin 

Size Weekly Rate Nightly Rate 

2 person $379 $69 

3 person $514 $91 

4 person $635 $114 

5 person $741 $136 

6 person $832 $166 
Tent Size Weekly Rate Nightly Rate 

4 person $150 $30 

6 person $196 $40 

(b) The following use fees shall be charged 
to non-San Francisco residents for use of cabin 
and tent sites at Camp Mather. The following 
use fees do not include State occupancy tax. 



161 



Supp. No. 10, July/August 2007 



Sec. 12.01. 




San Fra 


Cabin 






Size 


Weekly Rate 


Nightly Rate 


2 person 


$454 


$76 


3 person 


$629 


$106 


4 person 


$756 


$129 


5 person 


$885 


$151 


6 person 


$1,014 


$175 


Tent Size 


Weekly Rate 


Nightly Rate 



4 person 



$197 



$39 



6 person $264 $50 

(c) Senior (age 55+) Camp includes cabin 
accommodations and meals for four days/nights, 
and round trip transportation from San Fran- 
cisco. 

San Francisco Residents (per per- 
son) $230 

Non-residents (per person) $258 

(d) Cancellation and Processing Fees 

(1) Cancellation at least 30 days prior to 
the arrival date at camp: Deposit is refundable 
minus a $50.00 processing fee. 

(2) Cancellation 30 days or less prior to 
the arrival date at camp: No refund of deposit. 

(3) Cancellation after final payment: 50 
percent of the fees are refundable, no refund of 
deposit. 

(4) A five percent late payment penalty 
on the total amount due shall be charged to all 
guests who pay camp and tent site use fees 
after the final payment due date. 

(5) Each change of a reservation $15.00 

(6) Each unauthorized overnight stay at 

camp $75.00 

(7) Late check-out $75.00 (Added by Ord. 
182-98, App. 6/5/98; amended by Ord. 52-05, File 
No. 050189, App. 4/1/2005; Ord. 191-06, File No. 
060776, App. 7/21/2006) 

SEC. 12.02. CAMP MATHER DAY USE 
FEES. 

The following use fees shall be charged to all 
individuals for day use of Camp Mather. 



Age Category 

Adult (Age 13 years plus) 
Youth (Ages 2 to 12 years) 
Infant (Under age 2) 



162 

Rate 

$12 
$6 

$0 



(Added by Ord. 182-98, App. 6/5/98; amended by 
Ord. 52-05, File No. 050189, App. 4/1/2005) 

SEC. 12.03. CAMP MATHER MEAL FEES. 

(a) The following meal fees shall be charged 
to all overnight guests of Camp Mather. The 
following fees do not include meals tax. 

Weekly Daily 
Age Category Rate Rate 

Adult (Age 13 years plus) $190 $30 

Youth (Ages 2 to 12 $110 $16 

years) 

Infant (Under age 2) $0 $0 

(b) A five percent late payment penalty on 
the total amount due shall be charged to all 
guests who pay meal fees after the final payment 
due date. 

(c) An administrative processing fee of $15.00 
shall be charged each time a change is made to 
the number of meals purchased after the reser- 
vation is final. 

(d) The following meal fees shall be charged 
to all transient guests of Camp Mather. The 
following fees do not include meals tax. 

Age Category Breakfast Lunch Dinner 

Adult (Age 13 $12 $12 $16 

years plus) 

Youth (Ages 2 to $7 $7 $11 

12 years) 

Infant (Under age $0 $0 $0 

2) 

(Added by Ord. 182-98, App. 6/5/98; amended by 
Ord. 52-05, File No. 050189, App. 4/1/2005; Ord. 
191-06, File No. 060776, App. 7/21/2006) 



Supp. No. 10, July/August 2007 



163 



Fees 



Sec. 12.07. 



SEC. 12.04. CAMP MATHER LOW 
INCOME FEE REDUCTIONS. 

The Recreation and Park Commission is au- 
thorized to estabHsh programs offering a 50 
percent reduction of fees at Camp Mather for 
famiUes residing in San Francisco who meet low 
income ehgibihty requirements adopted by the 
Commission. (Added by Ord. 182-98, App. 6/5/98) 

SEC. 12.05. JAPANESE TEA GARDEN. 

(a) The following fees shall be charged for 
admission to the Japanese Tea Garden: 

Age Category 

Adult 

Senior 

Child (6—12 years) 

Child (under 6 years) 

(b) Audio Tours: Upon 
approval by the Commission, of an audio tour for 
the facility, the entrance fee for the facility shall 
be increased by $1.00 to cover the cost of rental of 
the tour. 

(c) Recreation and Park Commission is au- 
thorized to designate three free hours per week 
for entry to the Japanese Tea Garden. 

(d) The Recreation and Park Commission is 
authorized to establish programs offering: 

(1) Bulk purchase admission tickets for 
groups of over 20 people at a discount of no more 
than 50 cents from the standard individual ad- 
mission fee; 

(2) Special time-limited promotions to change 
admission fees (including, but not limited to, 
joint marketing promotions, coupons, free hours 
or days). Promotional discounts will be limited to 
the equivalent of 20,000 full price admissions 
annually. 

(3) The Department will report within 90 
days of the end of any promotion, or annually for 
ongoing promotions, to the Recreation and Park 
Commission of the efficacy of any promotion in 
increasing visitation and the impact on revenues 
to the Department. 



(e) The following fees shall be charged for 
weddings in the Japanese Tea Garden: 

First two hours: $500.00 

Each additional hour: $100.00 

(Added by Ord. 228-98, App. 7/2/98; amended by 
Ord. 47-03, File No. 030095, App. 4/3/2003; Ord. 
192-06, File No. 060777, App. 7/21/2006) 

SEC. 12.06. COIT TOWER. 

(a) The following fees shall be charged for 



Admission Fee 


admission to Uoit lower: 




$4.00 


Age Category 


Admission Fee 


$1.50 


Adult 


$4.50 


$1.50 


Senior 


$3.50 


$0.00 


Child (6 12 years) 


$2.00 


i-\7-olr»nmor»f ■anrJ 


Child (under 6 years) 


$0.00 



(b) Audio tours: Upon development, and ap- 
proval by the Commission, of an audio tour for 
Coit Tower, the entrance fee for the facility shall 
be increased by $1.00 to cover the cost of rental of 
the tour. The rental fee for the audio tour with- 
out admission to the rest of the facility will be 
$3.00. (Added by Ord. 228-98, App. 7/2/98; Ord. 
190-06, File No. 060775, App. 7/21/2006) 

SEC. 12.07. WEDDING FEES. 

The following fees shall be charged for wed- 
dings: 





Reservation 






Fee 


Hourly 


Site 




Rate* 


Chain of Lakes (Middle Lake) 


$200.00 


$50.00 


Fuschia Garden 


200.00 


50.00 


Portals of the Past/Lloyd's 


200.00 


50.00 


Lake 






Rose Garden 


200.00 


50.00 


Chinese Pavilion 


350.00 


100.00 


Queen Wilhelmina Garden 


350.00 


100.00 


Shakespeare Garden 


350.00 


100.00 


Palace of Fine Arts Rotunda 


350.00 


100.00 



*A11 sites require a two-hour minimum rental. 
(Added by Ord. 228-98, App. 7/2/98; amended by 
Ord. 47-03, File No. 030095, App. 4/3/2003; Ord. 
181-07, File No. 070822, App. 8/3/2007) 



Supp. No. 12, November/December 2007 



Sec. 12.08. 



San Francisco - Park Code 



164 



SEC. 12.08. PARKING FEES ON 
RECREATION AND PARK PROPERTY. 

(a) The following fees shall be charged for 
parking at the Kezar Parking Lot. 

(1) Hourly Parking Rates 

0—1 hour $1.50 

1—2 hours $3.00 

2—3 hours $5.00 

3—4 hours $7.00 

4—5 hours $9.00 

5—6 hours $11.00 

6—7 hours $13.00 

7—24 hours $15.00 

Special Event Parking $8.00 

Vahdation $1.25 

(2) Monthly Parking Rates 

Resident $115.00 

Seniors $50.00 

Commercial $140.00 

(Monday — Friday) 

(3) Other Rates 

Lost Ticket Fee $15.00 

Validated Ticket Books $125.00 

(100 stickers) 

(b) Candlestick Parking Lots. 

(1) The daily fee for vehicles and trailers 
parking in the television compound during foot- 
ball season and for televised soccer events shall 
be $1,000.00 per day 

(2) The fee for automobile and tire manu- 
facturer and/or dealer shows shall be $2,500.00 
per day for set-up and breakdown and $5,000.00 
per day for the show. 

(3) The fee for car clubs shall be $2,500.00 
per day plus an additional $1,250.00 for use of 
the entire lot which includes the RV section. 

(4) The fee for photography shoots shall be 
$2,500.00 per day for use of the parking lot., and 
$4,000.00 per day for use of the stadium. 



(c) Other Recreation and Park Prop- 
erty. The daily fee for parking on other Recre- 
ation and Park property, except for garages and 
specifically designated parking lots subject to 
separate fee-setting procedures, shall be from 
$.50 (fifty cents) to $1.00 per hour, the amount to 
be determined by the Recreation and Park Com- 
mission after considering the costs of parking in 
the areas adjacent to the park property. (Added 
by Ord. 203-99, File No. 990857, App. 7/9/99; 
amended by Ord. 132-03, File No. 030626, App. 
5/30/2003; Ord. 188-06, File No. 060772, App. 
7/21/2006) 

SEC. 12.09. CARROUSEL FEES. 

The following fees shall be charged for rides 
on the Golden Gate Park Carrousel: 

Children 5 and under no fees if accompanied 

by an adult 

Children 12 and under $.50 

Adults $1.50 

(Added by Ord. 126-00, File No. 000629, App. 
6/7/2000; amended by Ord. 132-03, File No. 
030626, App. 5/30/2003) 

SEC. 12.11. MARINA FEES. 

The following fees shall be charged for goods 
and services at the San Francisco Marina Small 
Craft Harbor: 

(a) Berth Rental Fees. The charges shall 
be based on the overall length of the entire vessel 
or the length of the berth, which ever is greater. 

(1) West Harbor for Fiscal Year 2005— 
2006: 

Fee 

Per 

Berth Length Foot 

0'— 25' $5.92 

26'— 35' 6.00 



36'— 45' 
46'— 60' 
61'— 90' 



7.28 
7.44 
7.60 



Supp. No. 12, November/December 2007 



165 



Fees 



Sec. 12.11. 



(2) East Harbor for Fiscal Year 2005— 
2006: 

Fee 

Per 

Berth Length Foot 

0'— 25' $5.77 

26'— 35' 5.86 

36'— 45' 7.10 

46'— 60' 7.26 

61'— 90' 7.42 

(b) Surcharge for Electricity. The Recre- 
ation and Park Department may meter the use 
of electricity and may charge the berth holder 
the utility provider's standard rates for usage 
over 264KW per month. 

(c) Deposits, refundable if there is no 
loss, damage or need to clean the item. 

(1) Berth— One Month Rent 

(2) Electrical Adapter $125.00 

(3) Hazardous Material or Removal 150.00 
Fee 

(4) Key for Visiting Boaters, per key 50.00 

(d) Guest Dock. 

(1) Recreational Dock Fees. 

Fee 

Per 

Length Foot 

0'— 40' $0.50 

41'— 59' 0.75 

60'— 100' 1.00 

(2) Commercial Dock Fee — $2.50 per foot 
and $1.00 per person. 

(e) Parking. 

(1) Berth Parking, for Owners and Part- 
ners Only: 

Two stickers Free 

$120.00 
Each additional sticker, annually 



(2) Daily Parking, Allows Permit Holder 
to Park in Marina Spaces if Available: 

Crew, per day 7.50 

Non-Owner, per day 7.50 

(3) Special Event Parking, per 

day 7.50 

(4) Trailer/Dingy Parking, for Re- 
gatta etc., per day 7.50 

(f) Purchase Fees. 

Key Purchase (Berther holders. 
Partners and Families), per key 25.00 

(g) Services. 

(1) Chain Fee (delinquent fees, un- 
authorized vessels), per incident 50.00 

50% of 
cite fee 



30.00 



50.00 



(2) Citation Courtesy Notices 

(3) Daily Impound, per day 

(4) Dock Box Cleaning Fee (from 
Haz Mat deposit) 

(5) Hydro Hoist Surcharge — 40% of 
monthly Berth fee 

(6) Impound, per incident 150.00 

(7) Harbor Line Installation, per line 30.00 

(8) Labor, per incident 50.00 

Or $75.00/hour, whichever is 
greater 

(9) Late Fees— 10% of initial fee 

(10) Pump-Out 

Sewage, per incident 5.00 

Water, for first incident 75.00 

For subsequent incident(s) 125.00 



Supp. No. 10, July/August 2007 



Sec. 12.11. 



San Francisco - Park Code 



166 



(11) Slip Transfer Fee, Determined by Size of 
Berth or Vessel, whichever is greater 



(A) For Fiscal Year 2005—2006: 

Length 

20'— 34' 
35'— 45' 
46' and up 

(B) For Fiscal Year 2006—2007: 



Length 

20'— 34' 
35'— 45' 
46' and up 

(C) For Fiscal Year 2007—2008: 

Length 

20'— 34' 
35'— 45' 
46' and up 

(D) For Fiscal Year 2008—2009: 

Length 

20'— 34' 
35'— 45' 
46' and up 

(E) For Fiscal Year 2009—2010: 

Length 

20'— 34' 
35'— 45' 



Fee 

Per 

Foot 

30.00 

35.00 

50.00 

Fee 

Per 

Foot 

$35.00 
$45.00 
$65.00 

Fee 

Per 

Foot 

$40.00 

$55.00 

$75.00 

Fee 

Per 

Foot 

$45.00 

$65.00 

$85.00 

Fee 

Per 

Foot 

$50.00 

$75.00 



46' and up 

(12) Towing 

(13) Towing (harbor to harbor) 
(h) Storage. 

(1) Dock Box 
One 

Each additional, per month 

(2) Reserved 



$100.00 
$75.00 
$100.00 



Free 
$15.00 



(3) Multihull Surcharge— Additional 40% of 
monthly Berth Fee 

(4) Skiff, less than 20 feet and no 
power or dock box, per month 

(5) Small Boat Rack (Dingy, kayak, 
or canoe), per month 



100.00 

25.00 
25.00 



(6) Storage Lockers, per month 

(i) Wait List Fee. 

Per year $75.00 

(j) Adjustment of Fees. The berth rental 
and guest dock fees for the West Harbor shall be 
increased, without further action of the Board of 
Supervisors, for Fiscal Year 2006 — 2007 by twenty 
(20) percent, and for Fiscal Years 2007—2008, 
2008—2009, 2009—2010, by four (4) percent per 
year. Thereafter the berth rental and guest dock 
fees shall be adjusted in accordance with Section 
12.20 of this article. 

The berth rental and guest dock fees for the 
East Harbor shall be increased, without further 
action of the Board of Supervisors, for Fiscal 
Years 2006—2007, 2007—2008, 2008—2009 by 
twelve (12) percent. Thereafter the berth rental 
and guest dock fees shall be adjusted in accor- 
dance with Section 12.20 of this article. (Added 
by Ord. 252-00, File No. 001492, App. 10/27/ 
2000; Ord. 162-05, File No. 050602, App. 7/21/ 
2005) 

SEC. 12.12. FEES AT HARDING PARK 
AND FLEMING GOLF COURSES. 

(a) Greens Fees. The Recreation and Park 
Commission (the "Commission") is hereby autho- 
rized to charge greens fees at Harding Park and 



Supp. No. 10, July/August 2007 



167 



Fees 



Sec. 12.12. 



Fleming Golf Courses (collectively, the "Golf 
Courses") in the manner and in conformance 
with the standards set forth herein. 

1. Target Revenues. Greens fees shall be set 
at such levels to cumulatively generate an aver- 
age minimum of $4,278,000.00 annual revenues 
in 2002 dollars ("Target Revenues") at the Golf 
Courses in the first five fiscal years of operation 
following reopening of the Golf Courses after 
renovation ("Years 1 — 5") (and subject thereafter 
to annual increases in the amount of increases in 
the applicable Consumer Price Index as de- 
scribed in Section 12.12(e) below), which amount 
shall be prorated if the Golf Courses reopen with 
less than a full fiscal year remaining in Year 1. In 
setting greens fees to achieve the Target Rev- 
enues, it shall be assumed that legal residents of 
the City and County of San Francisco who hold 
current and valid cards issued for a fee by the 
Recreation and Park Department (the "Depart- 
ment") identifying them as residents of the City 
("Residents") shall play at least 50% of funds at 
Harding Park Golf Course, and no more than an 
average of 76,560 rounds shall be played each 
full year at Harding Park Golf Course during 
Years 1 — 5 and no more than 64,600 rounds each 
full year at Fleming Golf Course during Years 
1—5. 

2. Optional Discounts. Greens fees at Har- 
ding Park Golf Course may be discounted for 
weekday rounds played by either Residents or 
non-residents, for weekday or weekend rounds 
played by Resident junior or senior golfers, and 
for twilight rounds played by either Residents or 
non-residents. The Commission also may estab- 
lish discounted greens fees for playing only the 
back nine holes at Harding Park Golf Course. 
Greens fees may be discounted for certain non- 
residents who live within close geographic prox- 
imity to the Golf Courses or who play with 
Residents ("Northern California Residents"). If 
the Commission approves a discounted rate for 
Northern California Residents, the Commission 
shall set standards defining who shall qualify for 
such discounted rate and shall limit the number 
of rounds at that discounted rate. 



3. Optional Premium Rates. In exchange 
for advance reserved tee times, non-residents 
may be charged premium rates at Harding Park 
Golf Course. 

4. Caps. Regardless of any discounts for 
certain subcategories of play, the average cost 
per round of Resident greens fees at Harding 
Park Golf Course across any and all subcatego- 
ries of Resident play (weekday, weekend, senior 
and junior) fees shall not exceed $28 in Year 1. 
The average cost per round of non-resident greens 
fees at Harding Park Golf Course across any and 
all subcategories of non-resident play (weekday, 
weekend, preferred and Bay Area Resident) shall 
not exceed $88 in Year 1. The average cost per 
round of Resident greens fees at Fleming Golf 
Course across any and all subcategories of Resi- 
dent play (weekday, weekend, senior and junior) 
shall not exceed $13 in Year 1. The average cost 
per round of non-resident greens fees at Fleming 
Golf Course across any and all subcategories of 
non-resident play (weekday and weekend) shall 
not exceed $20 in Year 1. 

5. Miscellaneous. Applicable weekend 
greens fee rates shall be charged on Fridays, 
Saturdays and Sundays and legal holidays. Ap- 
plicable weekday rates apply on all other days. 
Greens fees per tournament player for playing in 
tournaments, which are defined as a block of tee 
time(s) set aside for any group of 16 or more 
golfers, shall exceed the highest greens fee that 
would be charged to Residents playing on the 
same day of any tournament. Discount Resident 
greens fees shall not apply to tournament play 
by Residents. Weekend tournament greens fees 
shall be greater than greens fees charged for 
weekday tournaments. 

(b) Commission to Select Final Rate 
Structure; Citizens Advisory Committee. The 

Commission shall select a final greens fees struc- 
ture which meets the parameters set forth in this 
Section. The Commission shall appoint a Citi- 
zens Advisory Committee consisting of five (5) 
members to recommend to the Commission a 
greens fees structure for the Golf Courses chosen 
from one of the models described below or that 
otherwise meets the criteria set forth herein. The 



Supp. No. 10, July/August 2007 



Sec. 12.12. 



San Francisco - Park Code 



168 



Commission shall take the committee's recom- 
mendation into consideration in reaching a final 
decision regarding a fee structure for the Golf 
Courses. 

(c) Notwithstanding the foregoing subsec- 
tions (a) and (b), effective September 1, 2006, the 
following fees shall be charged at Harding Golf 
Course: 



(1) Weekday (Mon.- 


-Thurs.) 






No. Cal. 


S.F. 


Standard Resident* 


Resident 


$135.00-^ 


$89.00+ 


$46.00 


Off-season/ $115.00+ 


$79.00+ 




Aerification** 






Twilight $105.00+ 


$69.00+ 


$35.00 


Super Twi- 


$45.00 




light (5 p.m.) 






(2) Weekend (Fri. Sun.) 






No. Cal. 


S.F. 


Standard Resident* 


Resident 


$155.00+ 


$99.00+ 


$59.00 


Off-season/ $135.00+ 


$89.00+ 




Aerification** 






Twilight $125.00+ 


$79.00+ 


$44.00 


Super Twi- 


$55.00 




light (5 p.m.) 






(3) Junior 






Weekday 




Weekend 


$15.00 




$20.00 


(4) S.F. Resident Senior 




Weekday 




Weekend 


$31.00 




$59.00 


(5) Tournament 






Weekday Weekend 




$115.00+ 


$135.00+ 


Off-season/ 






Aerifica- 






tion** 







(6) Shotgun Tournament (120 players 
or more) — Tournament Rate plus per player: 

$10.00 — Weekday/per player 

$15.00 — Weekend/per player 

+ Includes cart 

* The Northern California is comprised of 
Alameda, Contra Costa, Marin, San Ma- 
teo, Santa Clara, Santa Cruz, Solano, 
Sonoma, Del Norte, Siskyou, Modoc, Hum- 
boldt, Trinity, Shasta, Lassen, Plumas, 
Tehama, Mendocino, Lake, Glenn, Butte, 
Sierra, Colusa, Sutter, Yuba, Nevada, 
Placer, Napa, Yolo, Sacramento, El Do- 
rado, San Joaquin, Amador, Alpine, Cal- 
veras, Stanislaus, Toulumne, Mariposa, 
Monterey, San Benito, Merced, Fresno 
and Tulare Counties. 

** Off-season is from December 1 to the 
last day of February/Aerification is from 
the first day that major greens aerifica- 
tion starts until 7 days after comple- 
tion. 

*** Super Twilight tee times change sea- 
sonally as established by the Recre- 
ation and Park Commission. 

(d) Notwithstanding the foregoing subsec- 
tions (a) and (b), effective Fiscal Year 2005-2006, 
the following fees shall be charged at Fleming 
Golf Course: 

(1) Weekday (Mon.— Thurs.) 

Standard S.F. Resident 



$100.00+ $115.00+ 



$25.00 

(2) Weekend (Fri.— Sun.) 

Standard 

$30.00 

(3) Junior 

Weekday 
(Mon.— Thurs.) 

$10.00 

(4) S.F. Resident Senior 

Weekday 
(Mon.— Thurs.) 

$14.00 



$20.00 

S.F. Resident 

$22.00 

Weekend 
(Fri.— Sun.) 

$13.00 

Weekend 
(Fri.— Sun.) 

$19.00 



Supp. No. 10, July/August 2007 



169 



Fees 



Sec. 12.14. 



(5) Tournament 

Weekday 
(Mon.— Thurs.) 

$30.00 

(6) Replay 

Weekday 
(Mon.— Thurs.) 



Weekend 
(Fri.— Sun.) 

$41.00 



Weekend 
(Fri.— Sun.) 




$11.00 $11.00 

(f) Other Fees and Charges. The Commis- 
sion shall set the following fees charged at the 
Golf Courses: fees for motorized and pull cart 
usage, tournament fees, charges for driving range 
usage, reservation fees and cancellation fees, at 
levels comparable to those charged at Golf Courses 
of similar quality in the greater San Francisco 
Bay Area. The Commission may also approve 
special promotions not to exceed a 20 percent 
discount of the applicable rate. 

(g) Annual Increases. Upon the first day 
following the end of Year 1, regardless of whether 
Year 1 consisted of a full fiscal year or only a part 
thereof, and upon the first day of each fiscal year 
thereafter, greens fees for Residents at the Golf 
Courses may, with the approval of the Commis- 
sion, be adjusted in the following manner: Each 
fee shall be multiplied by a fraction, the numera- 
tor of which is the Consumer Price Index for All 
Urban Consumers (base years 1982 — 1984 = 
100) for the San Francisco-Oakland-San Jose 
area, published monthly by the United States 
Department of Labor, Bureau of Labor Statistics 
(the "Index"), for the quarter immediately pre- 
ceding the start of the fiscal year during which 
the increase will be effective (the "Adjustment 
Index") minus the Index for the June of the 
preceding year (the "Base Index") and the de- 
nominator of which is the Base Index. The prod- 
uct of this calculation shall be added to the 
current fee to obtain the increased fee which 
shall thereafter be payable, except that in no 
instance shall the fee be less than that in effect 
immediately prior to this calculation. Or, fees 
may be increased up to $1.00 upon approval of 
the Commission. 

All fees and other charges at the Golf Courses 
may, but are not required to, be increased upon 



approval by the Commission at the same time 
and in the same manner as greens fees in- 
creases, except that the non-S.F. resident and 
tournament greens fees may be increased by up 
to two times the fraction produced in the above 
illustrated calculation (i.e., up to twice the in- 
crease in the applicable Consumer Price Index.), 
or up to $1.00, whichever is greater. (Added by 
Ord. 52-02, File No. 020198, App. 4/26/2002; 
amended by Ord. 180-05, File No. 050987, App. 
7/29/2005; Ord. 184-06, File No. 060771, App. 
7/21/2006; Ord. 186-07, File No. 070816, App. 
8/3/2007) 

SEC. 12.13. GOLF FEES— LINCOLN 
PARK. 

The following use fees shall be charged for 
golfing at Lincoln Park. 

Category Amount 

Resident with card, weekday $ 19.00 

Resident with card, weekend 23.00 

Nonresident, weekday 30.00 

Nonresident, weekend 34.00 

Senior, weekday 11.00 

Senior, weekend 18.00 

Junior, weekday 9.00 

Junior, weekend 18.00 

Student no fee 

Tournament (weekdays) 36.00 

Tournament (weekends) 44.00 

Twilight weekdays 18.00 

TwiUght weekends 22.00 

Back nine, weekdeiys 10.00 

Back nine, weekends 14.00 

(Added by Ord. 157-02, File No. 021081, App. 
7/12/2002) 

SEC. 12.14. GOLF FEES— SHARP PARK. 

The following use fees shall be charged for 
goliing at Sharp Park. 



Supp. No. 10, July/August 2007 



Sec. 12.14. 

Category 

Resident with card, weekday 
Resident with card, weekend 
Nonresident, weekday 
Nonresident, weekend 
Senior, weekday 
Senior, weekend 
Student 

Tournament (weekdays) 
Tournament (weekends) 
Twihght weekdays 
Twihght weekends 
Back nine, weekdays 
Back nine, weekends 



San Francisco - Park Code 



170 



Amount 

$19.00 
23.00 
30.00 
34.00 
11.00 
18.00 

no fee 
36.00 
44.00 
18.00 
22.00 
10.00 
14.00 



(Added by Ord. 157-02, File No. 021081, App. 
7/12/2002) 

SEC. 12.15. DAY CAMP FEES. 

The following fees shall be charged for Rec- 
reation and Park Department day camps. 

(a) Program 





S.F. 


Non-S.F. 




Residents 


Residents 


Pine Lake Camp 


$85.00 


$123.00 


Silver Tree Camp 


$85.00 


$123.00 


Camp Gourmet 


$85.00 


$123.00 


Athletic Day 


$170.00 


$246.00 


Camp 






(2 weeks total) 






Pacific Art Camp 


$170.00 


$246.00 


(2 weeks total) 






Pacific Art Camp 


$42.00 


$61.00 


(ages 4 — 6) 






(b) Randall Museum Camps 




Day Camps (8 days) 


$200.00 


$290.00 


Mather Youth Camp 


$300.00 


$345.00 


(5 days, 4 nights) 







(c) Priority will be given to San Francisco 
residents. 

(d) The Recreation and Park Commission 
shall adopt policies and procedures to offer a 50% 
reduction in fees for low-income San Francisco 
residents, and to determine a discount for fami- 
lies with two or more children attending Recre- 
ation and Park Department Day Camps. (Added 
by Ord. 168-02, File No. 021127, App. 8/2/2002; 
amended by Ord. 132-03, File No. 030626, App. 
5/30/2003) 

SEC. 12.16. GOLF FEES— GOLDEN GATE 
PARK. 

The following use fees shall be charged for 
golfing at Golden Gate Park. 

Category Amount 

Resident with card, weekday $ 10.00 

Resident with card, weekend 12.00 

Nonresident, weekday 13.00 

Nonresident, weekend 17.00 

Senior, weekday 7.00 

Senior, weekend 9.00 

Junior, weekday 4.00 

Junior, weekend 6.00 

Student no fee 

Tournament (weekdays) 16.00 

Tournament (weekends) 24.00 

Twilight weekdays 7.00 

Twilight weekends 8.00 

(Added by Ord. 157-02, File No. 021081, App. 
7/12/2002; amended by Ord. 180-05, File No. 
050987, App. 7/29/2005) 

SEC. 12.20. ADJUSTMENT OF FEES. 

(a) Beginning with fiscal year 2003-2004, 
fees set forth in this Article 12, unless otherwise 
specified, may be adjusted each year, without 
further action by the Board of Supervisors, to 
reflect changes in the relevant Consumer Price 
Index (CPI), as determined by the Controller. 




Supp. No. 10, July/August 2007 



171 



Fees 



No later than April 15th of each year, the 
Recreation and Parks Department shall submit 
its current fee schedule to the Controller, who 
shall apply the price index adjustment to pro- 
duce 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 reporting the new fee schedule and 
certifying that: (a) the fees produce sufficient 
revenue to support the costs of providing the 
services for which each fee is assessed, and (b) 
the fees do not produce revenue which is signifi- 
cantly more than the costs of providing the 
services for which each fee is assessed. 

(b) All golf fees for San Francisco residents, 
juniors, seniors may be increased annually by 
the CPI, or up to $1.00, upon approval of the 
Recreation and Park Commission. All golf fees 
for non-S.F. residents and tournaments may be 
increased by two times (2x) the CPI, or up to 
$1.00, whichever is greater, upon approval of the 
Recreation and Park Commission. (Added by 
Ord. 157-02, File No. 021081, App. 7/12/2002; 
amended by Ord. 47-03, File No. 030095, App. 
4/3/2003; Ord. 180-05, File No. 050987, App. 
7/29/2005; Ord. 208-05, File No. 051258, App. 
8/12/2005) 

SEC. 12.21. CLUBHOUSES. 

The following fees shall be charged for use of 
clubhouses: 





Reserva- 


Hourly 




tion Fee 


Rate* 


Stern Grove (Trocad- 






ero) 






Monday — Thursday 


$40.00 


$110.00 


Friday — Sunday 


$150.00 


$115.00 


Legal Holidays 


$150.00 


$115.00 


*Six hour minimum ] 


rental 




Julius Kahn Club- 


$15.00 


$65.00 


house 






West Portal Club- 


$15.00 


$65.00 


house 






*Two hour minimum 


rental 









Sec. 12.22 


Class A Recreation 


$5.00 


$40.00 


Center 






Class B Large Club- 


$5.00 


$30.00 


house 






Class C Small Club- 


$5.00 


$20.00 


house 






*Two hour minimum 


rental 





(Added by Ord. 47-03, File No. 030095, App. 
4/3/2003; Ord. 187-07, File No. 070817, App. 
8/3/2007) 

SEC. 12.22. EVENTS. 

The following fees shall be charged for use of 
the parks for events: 

(a) Commercial Events per day: 

(1) 1,000 participants $5,000.00 
or more 

(2) Each additional $2,500.00 
500 

participants, or 
any portion thereof 

$2,500.00, 

or 50% of daily 

fee for each day, 

whichever is 

higher 

$5,000.00, 

or 25% of all 

gated receipts, 

whichever is 

higher 

$10,000.00, 

or 25% of all 

gated receipts, 

whichever is 

higher 

(b) Communit3^/Non-commercial Events per 



(3) Set-up and/or 
breakdown 



(4) Gated events 
admission $10 
or less 



(5) Gated events 
admission $10 
or more 



day: 



(1) 1,000 participants 
or less 

(2) 1,001 to 3,000 
participants 



$500.00 



$700.00 



Supp. No. 10, July/August 2007 



Sec. 12.22. 



San Francisco - Park Code 



(3) 3,001 to 10,000 
participants 



(4) Over 10,000 
participants 



$1,200.00 to 

$4,200.00 

(500 for each 

additional 1,000 

participants) 

minimum of 
$5,000.00, 



plus any additional fees deter- 
mined by the General Manager, or a 
designee, to be necessary to compen- 
sate the Department for the antici- 
pated impact on park property and/or 
services, the disruption of normal park 
usage and the inconvenience to the 
public, because of the type of event, 
the location, the number of expected 
participants and other similar fac- 
tors. 

(c) Elementary, Middle or High School Out- 
door Events, including sports field days: 

(1) Four hours or less $100.00 

(2) Each additional hour $25.00 

(d) Athletic events charging participants an 
entry fee, per day: 

(1) 1,000 participants or less $400.00 

(2) For each participant over $1.00 
1,000 

(e) Athletic events not charging partici- 
pants an entry fee, per day: 

(1) 500 participants or less $250.00 

(2) Each additional 500 $100.00 
participants, or portion 

thereof 

(f) Amateur Productions of performing arts, 
no charge to the public: 

(1) Weekdays 

(Monday — Friday) 



(2) Weekdays, two consecu- 
tive days at same site 

(3) Non-holiday weekends 



$150.00 
per day 

$250.00/ 
two days 

$200.00 
per day 



(4) Non-holiday weekends, 
two consecutive days, 
same site 

(5) Holiday weekends, two 
consecutive days, same 
site 



172 

$350.00 / 
two days 

$500.00 / 
two days 



(Added by Ord. 47-03, File No. 030095, App. 
4/3/2003) 

SEC. 12.23. PICNICS. 

The following fees shall be charged for use of 
the parks for picnics per day 

(a) Picnics at Pioneer Log Cabin, Pine Lake 
Picnic Area and Stem Grove East Meadow: 

(1) 1—50 participants $50.00 

(2) 51—100 participants $75.00 

(3) 101—200 participants $100.00 

(4) 201—300 participants $150.00 

(b) Picnics at all other park locations: 

(1) 1—50 participants $25.00 

(2) 51—100 participants $50.00 

(3) 101—200 participants $75.00 

(4) 201—400 participants $125.00 

(5) more than 400 partici- $250.00 
pants 

(c) Picnics hosted by a company or business 
for their employees at any location: 

(1) 1—200 participants $200.00 

(2) 201—300 participants $250.00 

(3) 301—500 participants $350.00 

(4) 501—750 participants $500.00 

(5) over 750 participants $750.00 

(6) with special events $1,000.00 



(Added by Ord. 47-03, File No. 030095, App. 
4/3/2003) 



Supp. No. 10, July/August 2007 



173 



Fees 



Sec. 12.29. 




SEC. 12.24. PHOTOGRAPHY AND FILM. 

The following fees shall be charged for use of 
the parks for commercial photography and film- 
ing: 

(a) Photography shoots, per day, per site: 

(1) Simple $200.00 

(2) Large crew minimum of 

$500.00, 

plus any additional fees determined by 
the General Manager, or a designee, to 
be necessary to compensate the Depart- 
ment for the anticipated impact on park 
property and/or services, the disruption 
of normal park usage and the inconve- 
nience to the public, because of the tjrpe 
of event, the location, the number of 
expected participants and other similar 
factors. 

(b) Filming, per day, per site: 

(1) Documentary $200.00 

(2) Outdoor, simple $500.00 

(3) Large productions $1,000.00 

(4) Facility, property minimum of 
usage $5,000.00, 

plus any additional fees determined by 
the General Manager, or a designee, to 
be necessary to compensate the Depart- 
ment for the anticipated impact on park 
property and/or services, the disruption 
of normal park usage and the inconve- 
nience to the public, because of the type 
of event, the location, the number of 
expected participants and other similar 
factors. 

(Added by Ord. 47-03, File No. 030095, App. 
4/3/2003) 

SEC. 12.25. ENCROACHMENT. 

The fee to erect any structure or to park any 
vehicle that encroaches on park property in 
order to obtain access to adjacent property for 
construction or other purposes shall be a mini- 
mum of $500.00, plus any additional fees and/or 



costs that the General Manager, or a designee, 
determines appropriate based on the anticipated 
impact on park property and/or services, because 
of the type of activity, number of workers, type 
and amount of equipment to be placed or trans- 
ported over park property, and other similar 
factors. (Added by Ord. 47-03, File No. 030095, 
App. 4/3/2003) 

SEC. 12.26. GOLDEN GATE PARK 
CONCOURSE PARKING. 

The fee for parking on the Golden Gate Park 
Concourse every day of the week, any time of the 
day, shall be $1.00 per hour. (Added by Ord. 
47-03, File No. 030095, App. 4/3/2003) 

SEC. 12.27. SHARON ARTS STUDIO. 

The fees for adult classes at the Sharon Arts 
Studio shall be as follows: 

(a) Ceramics $149.00 

(b) Glass $108.00 

(c) Jewelry— general $108.00 

(d) Jewelry— emimel $84.00 

(e) Drawing— general $78.00 

(f) Mosaics $60.00 

(g) Life drawing $48.00 



(Added by Ord. 
4/3/2003) 



47-03, File No. 030095, App. 



SEC. 12.28. REDUCTION OR WAIVER OF 
FEES. 

The Recreation and Park Commission may 
adopt policies and regulations authorizing the 
General Manager to reduce or waive any fees 
and/or costs imposed under this Park Code in 
cases of demonstrated financial hardship when a 
permit applicant meets all other permit require- 
ments. (Added by Ord. 47-03, File No. 030095, 
App. 4/3/2003) 

SEC. 12.29. PHOTOGRAPHY CENTER. 

(a) The following fees shall be charged for 
use of the Photogi'aphy Center for fiscal year 
2003-2004-. 



Supp. No. 10, July/August 2007 



Sec. 12.29. 



San Francisco - Park Code 



174 



Adult Annual $250.00/year, unlimited use 
Membership 

Youth Annual $125.00/year, unlimited use 
Membership 

Adult $50.00/six months plus $5.00/ 

visit 

Youth 



Senior 



$25.00/six months plus $5.00/ 
visit 

$25.00/six months plus $5.00/ 
visit 



(Added by Ord. 132-03, File No. 030626) 

SEC. 12.30. LATCH KEY PROGRAM. 

The following fees shall be charged for the 
Latch Key Program, which provides recreational 
and tutorial programs, and a nutritious snack, 
after school and during the summer at certain 
neighborhood recreation centers: 

School year (Monday— Friday) $30.00/month 
Summer (Monday— Friday) $80.00/month 

The Recreation and Park Commission shall 
adopt policies and procedures to offer reduced 
rates to low-income families. (Added by Ord. 
132-03, File No. 030626, App. 5/30/2003) 

SEC. 12.31. FIELD TRIP 
REIMBURSEMENT. 

From time to time, field trips and outings are 
offered as part of the Department's recreation 
programs. The Department shall collect a reim- 
bursement fee from participants to cover all or a 
portion of the costs of transportation, food, ad- 
mission charges and other associated expenses. 
If the full reimbursement required is $10.00 per 
person, or less, the Department shall charge the 
full amount. If the reimbursement required is 
more than $10.00 per person, the Department 
shall charge $10.00 and an additional amount to 
cover at least 50% of expenses over $10.00 per 
person. The Recreation and Park Commission 
shall adopt policies and procedures to offer re- 
duced rates to low-income families. (Added by 
Ord. 132-03, File No. 030626, App. 5/30/2003) 



SEC. 12.32. RESIDENT GOLF CARDS. 

(a) An annual fee of $45.00 shall be charged 
for San Francisco Resident Golf Cards, entitling 
the holder to discounts on the golf courses under 
the jurisdiction of the Recreation and Park De- 
partment. Cards shall be available to San Fran- 
cisco residents only. 

(b) An annual fee of $30.00 shall be charged 
to Pacifica residents for a Pacifica Resident Card 
for use at Sharp Park for Fiscal Year 2007-2008. 
The fee will increase to $45.00 in Fiscal Year 
2008-2009. 

(c) A fee of $25.00 shall be charged for 
replacement of San Francisco and Pacifica Resi- 
dent Golf Cards. 

(d) If a San Francisco or Pacifica resident 
card application is returned to the applicant 
because the information on the application is 
incorrect or incomplete, there shall be an addi- 
tional administrative fee of $5.00. (Added by 
Ord. 132-03, File No. 030626, App. 5/30/2003; 
Ord. 191-07, File No. 070821, App. 8/3/2007) 

SEC. 12.33. GOLF CARTS AND DRIVING 
RANGE BALLS. 

(a) The rental charge for golf carts at all 
golf courses under the jurisdiction of the Recre- 
ation and Park Department shall be up to $26.00. 

(b) The following fees shall be charged for 
buckets of balls at Harding Park: 

(1) small bucket (25—30 balls) $4.50 

(2) medium bucket (45—50 balls) $6.50 

(3) large bucket (70—75 balls) $9.50 

(Added by Ord. 132-03, File No. 030626, App. 
5/30/2003; amended by Ord. 180-05, File No. 
050987, App. 7/29/2005) 

SEC. 12.34. ADMISSION FEES FOR THE 
CONSERVATORY OF FLOWERS. 

(a) The following admission fees shall be 
charged for admission to the Conservatory of 
Flowers: 



Age Category 

Adults: 



Rate 

$5.00 



Supp. No. 10, July/August 2007 



175 



Fees 



Sec. 12.37. 



Age Category 


Rate 


Youth 12 — 17 and Seniors 65 and 


$3.00 


over: 




Children 5—11: 


$1.50 


Children 4 and under: 


no fee 


San Francisco school groups K — 12 


no fee 



with prior scheduling: 

(b) In addition, the Conservatory of Flowers 
will be open without charge one day each month 
and on sponsored special event days. (Added by 
Ord. 231-03, File No. 031274, App. 9/26/2003) 

SEC. 12.35. GOLDEN GATE PARK 
CONCOURSE UNDERGROUND PARKING 
FACILITY. 

(a) The rates for parking in the Golden Gate 
Park Underground Parking Facility shall be as 
follows: 



Weekdays 


Each hour 


$2.50 




Maximum 


$18.00 


Weekends 


Each hour 


$3.00 




Maximum 


$22.00 


Flat Rate After 6 p.m. 




$10.00 


Monthly (daytime) 




$125.00 



(b) The deposit and expenditure of all 
amounts collected from this facility are subject to 
the provisions of the "Golden Gate Park Revital- 
ization Act of 1998," Appendix 41 of the Admin- 
istrative Code. (Added by Ord. 262-03, File No. 
031320, App. 11/25/2003) 

SEC. 12.36. ATHLETIC FIELD FEES FOR 
ADULTS. 

(a) Facility Fee Per Hour: 

S.F. Residents $25.00 

Non-resident $65.00 

Not-for-Profit $25.00 

Profit $65.00 

(b) Additional Charges: 

Lighted, per hour $10.00 



Exclusive Use/Tournaments, per 

day $45.00 

Baselines: Softball, Baseball, per 

booking $60.00 

Fieldlines: Soccer, Football, Rugby, 

Lacrosse, per booking $120.00 

GaeKc Football, per booking $180.00 

Football (5 yards), per booking . . . $160.00 

(c) Not for Profit Fees are available to 
organized programs that serve San Francisco 
residents and that do not generate income or 
compensation to the organizers and/or spon- 
sors. The Commission shall establish criteria 
for the determination of organizations eligible 
for this fee. Organizations shall pay an appli- 
cation fee of $150.00 for certification for eligi- 
bility for Not For Profit Fees. 

(d) For Profit Fees apply to organized 
programs that generate income or compensa- 
tion to organizers, fundraisers or subsidies to 
other programs. The Commission shall estab- 
lish criteria for the determination of organiza- 
tions subject to this fee. (Added by Ord. 182- 
05, File No. 050990, App. 7/29/2005; Ord. 185-07, 
File No. 070815, App. 8/3/2007) 

SEC. 12.37. GOLF FEES— MCLAREN 
PARK (GLEN EAGLES). 

The following fees shall be charged for golfing 
at McLaren Park: 

(a) Nine holes. 

Weekday Weekend 

(Mon— Thurs) (Fri— Sun) 

(1) Standard $13.00 $16.00 

(2) Senior $.09 

(b) Eighteen holes. 

Weekday Weekend 

(Mon— Thurs) (Fri— Sun) 

(1) Standard $20.00 $27.00 

(Added by Ord. 208-05, File No. 051258, App. 
8/12/2005) 



Supp. No. 10, July/August 2007 



Sec. 12.38. 



San Francisco - Park Code 



176 



SEC. 12.38. LAKE MERCED BOAT 
STORAGE. 

The fee for storing boats at the Lake Merced 
boathouse is $25.00 per boat per month. (Added 
by Ord. 184-05, File No. 050992, App. 7/29/2005) 

SEC. 12.39. TINY TOT/CHILD 
DEVELOPMENT PROGRAM FEES. 

The following fees shall be charged for the 
Department's tiny Tot/Child Development Pro- 
gram: 

(a) Traditional Tiny $30.00 for 10 vis- 
Tots its 



(b) Play Groups 



(c) Kids' Gym 



(d) Arts and Crafts 



(e) Special Programs 



$3.00 for drop in 
or $20.00 for 10 

visits 

$4.00 for drop in 
or $30.00 for 10 

visits 

$4.00 for drop in 
or $30.00 for 10 

visits 

$3.00 for drop in 
or $20.00 for 10 

visits 



(Added by Ord. 181-05, File No. 050989, App. 
7/29/2005) 

SEC. 12.40. AQUATIC FEES. 

The following fees shall be charged for use of 
aquatic facilities and other aquatic related ac- 
tivities. 

(a) Entry Fees 

(1) Toddlers (18 months $5.00 
to 5-yrs old) 

with adult 

Recreation Swim (including 

parent) 

(2) Children (5— 18) 

Recreation Swim $1.00 

Lap Swim $1.00 

Monthly Swim Pass $15.00 







(not 


including lessons) 


(3) 


Adults (18 55) 








Recreation Swim 




$4.00 




Lap Swim 




$4.00 




Monthly Swim Pass 




$50.00 






(not including lessons) 




Scrip Ticket 




$34.00 






(for 10 sessions 

(not including lessons 

or water fitness) 


(4) 


Seniors 








Recreation Swim 




$4.00 




Lap Swim 




$4.00 




Monthly Swim Pass 




$35.00 






(not 


including lessons) 




Scrip Ticket 




$20.00 

for 10 sessions 


(5) 


Household Plan 







Monthly Swim Pass 
(1 adulty2 children) 



Monthly Swim Pass 
(2 adults/2 children) 



$60.00 

(not including lessons) 

$100.00 

(not including lessons) 



(b) Lessons (10 weeks — 10 sessions) 

(1) Pre-school/tiny tots (with $50.00 
parent) 

(2) Learning to swim 

Child $35.00 

Adult $50.00 

Special Summer Program $10.00 
(2 week sessions) 

(3) Water Fitness (all ages) $50.00 

(4) Semi-private (3 students $20.00 
per instructor) 

(5) Private lesson $30.00 



Supp. No. 10, July/August 2007 



177 



Fees 



Sec. 12.43. 







for V2 hour 
(minimum 5 sessions) 


(c) 


Classes (fees do not include cost of ma- 
terials or certification costs). 


(1) 


CPR 


$60.00 


(2) 


First Aid 


$50.00 


(3) 


Lifeguard Training 


$100.00 


(4) 


Lifeguard Training— 
lenge 


-Chal- $40.00 


(5) 


Title 22 


$100.00 


(6) 


Pet First Aid 


$35.00 


(d) 


Age Group/Masters Swim Teams 


(1) 


Age Group/Marionettes $20.00 






for 1 hour 

(with Red Cross safety 

certified coach) 


(2) 


Master Swim Teams 


$40.00 

for 1 hour 


(e) 


Pool Rental 




(minimum 2 hours) cost of required staff 






-r 

$50.00 


(f) 


Birthday Package 




(3 hours, includes one 
recreation director to 
conduct activities, 1.5 
hours of swimming 
and use of multi- 


$300.00 for 5—30 
children 

$400.00 for 31—50 
children 


purpose room) 





(Added by Ord. 183-05, File No. 050991, App. 
7/29/2005) 

SEC. 12.41. PROFESSIONAL TENNIS 



LESSON RATES. 




Lesson Type 


Rates 


V2 Hour Private 


$30.00 


1 Hour Private 


$50.00 


1 Hour - 2 Person (per 


$30.00 


person) 





Lesson Type 

1 Hour - Group (maximum 
6 people) (per person) 

1 Hour - Youth Group (12 
years or younger, max. 6 
youth) (per person) 

Cancellation Fee (less than 
24 hours notice) 



25% 



Rates 

$20.00 

$16.00 



of lesson 
cost 



(Added by Ord. 189-06, File No. 060773, App. 
7/21/2006) 

SEC. 12.42. STADIUM RENTALS. 

The General Mansiger is authorized to enter 
into short-term, not to exceed 14 cumulative 
days, revocable license agreements, for the use of 
Kezar Stadium, Kezar Pavilion, Boxer Stadium 
and the Stadium at Candlestick Point at rates 
that reflect market rates for comparable events 
at comparable Bay Area venues, provided that 
prior to the commencement of the license the 
licensee shall tender in full all sums due under 
the license and shall provide to the City a suffi- 
cient security deposit, in the form of cash, a 
letter of credit or other instrument, to protect the 
City in the event of loss or damage to the City in 
connection with the license. (Ord. 208-06, File 
No. 060770, App. 8/2/2006) 

SEC. 12.43. JUNIOR AND FAMILY GOLF 
TOURNAMENTS. 

(a) A Junior Tournament is a group of 16 or 
more players, age 17 and under. The following 
fees will be charged for Junior Tournaments, 
carts not included for Fiscal Year 2007-2008. 
Thereafter, Junior Tournament fees will be 50 
percent of the resident tournament fee for the 
applicable course. 

Weekday Weekend 

(Mon.— (Fri.— Sun.) 

Thurs.) /perplayer 
/per player 

$15.00 $21.00 

$9.00 $13.00 

$58.00 $68.00 

$19.00 $24.00 



Fleming 
Golden Gate 
Harding Park 
Lincoln 



Supp. No. 10, July/August 2007 



Sec. 12.43. 



San Francisco - Park Code 



178 



McLaren $11.00 $14.00 

(9 hole) 

McLaren $16.00 $20.00 

(18 hole) 

Sharp $19.00 $24.00 

(b) The Family Tournament has been hosted 
at Golden Gate Golf Course for over 50 years, 
and is open to everyone. The Family Tournament 
is a group of 16 or more players composed of 
teams of two family members alternating shots, 
playing two rounds of nine holes. The Junior 
Tournament rate shall apply to Junior team 
members only. The fee per team shall be the sum 
of the applicable fees for one round of tourna- 
ment play per person per day at the course. 

(c) The City Championship has been hosted 
during the winter at Harding Park and Lincoln 
Park for over 90 years, and is open to; everyone. 
The Junior Tournament rate will be applicable to 
Juniors participating in the City Championship. 
(Added by Ord. 188-07, File No. 070818, App. 
8/3/2007) 



(b) A program withdrawal fee of $10.00 or 
20 percent of the fee, whichever is greater, will be 
charged when a person withdraws from a pro- 
gram or activity. 

(c) There will be a cancellation fee of $20.00 
or 20 percent of the rental fee, whichever is 
greater, for the cancellation of facility rental 
reservations. 

(d) There will be a non-refundable applica- 
tion fee of $50.00 for special event permits. 
(Added by Ord. 190-07, File No. 070820, App. 
8/3/2007) 




SEC. 12.44. RECREATION PROGRAM 
FEES. 

(a) The following hourly fees will be charged 
for recreation programs. 

Level One Two Three Four 



Step 1 


$0.25 


$1.50 


$4.00 


$12.00 


Step 2 


$0.50 


$1.75 


$5.00 


$16.00 


Step 3 


$0.75 


$2.00 


$6.00 


$20.00 


Step 4 


$1.00 


$2.25 


$7.00 


$24.00 


Step 5 


$1.25 


$3.00 


$8.00 


$28.00 



(Added by Ord. 189-07, File No. 070819, App. 
8/3/2007) 



SEC. 12.45. RESERVATION 
ADMINISTRATIVE FEES. 

The following administrative fees are appli- 
cable to all reservations for Recreation and Park 
Department programs, activities and facilities, 
unless otherwise specified: 

(a) A refund processing fee of $10.00 or 20 
percent of the fee, whichever is greater, will be 
charged when a person requests a refund of 
program fees. 




[The next page is 203] Supp. No. 10, July/August 2007 



ARTICLE 13: IMPLEMENTATION OF CHARTER SECTION 16.107 




Sec. 13.01. Citizens' Advisory Committee. 
Sec. 13.02. Planning and Accountability. 
Sec. 13.03. Capital Implementation 

Program. 
Sec. 13.04. Definitions. 

SEC. 13.01. CITIZENS' ADVISORY 
COMMITTEE. 

(a) Membership. There is hereby estab- 
lished a Park, Recreation and Open Space Advi- 
sory Committee ("Committee") comprised of 
twenty-three members. Twenty-two members shall 
be appointed by the members of the Board of 
Supervisors and approved by the full Board, with 
one member appointed by each Supervisor from 
his or her supervisorial district and one member 
appointed by each Supervisor from a list, main- 
tained by the Recreation and Park Commission 
("Commission") of individuals nominated by or- 
ganizations having as a primary focus park, 
environmental, recreational, cultural, sports, 
youth or senior citizen issues. Four of the mem- 
bers chosen from the list maintained by the 
Commission shall be individuals nominated by 
an environmental organization. If the system of 
district elections set forth in Charter Section 
13.110 is discontinued, each Supervisor shall 
appoint one member of the Committee from the 
list maintained by the Commission and one 
member without restriction. One member of the 
Committee shall be appointed by the Mayor. 

(b) Terms. The Committee members shall 
serve for terms of two years, at the will of the 
appointing authority, except that at the first 
meeting of the Committee the General Manager 
of the Recreation and Park Department ("Depart- 
ment") shall, by lot, designate twelve members to 
serve terms of one year. Thereafter, all members 
shall be appointed to two-year terms and no 
member shall serve more than four consecutive 
terais. 



(c) Transition Period. From the effective 
date of Proposition C, which appeared on the 
March 7, 2000 ballot and until January 31, 2001, 
the Open Space Advisory Committee created by 
former Charter Section 16.107 shall serve as the 
Committee created in section (a) above. During 
this transition period the Open Space Advisory 
Committee shall take all steps necessary to en- 
sure a smooth transition to the new Committee. 
The Mayor and the members of the Board of 
Supervisors may fill vacancies on the Committee 
that occur during this transition period accord- 
ing to the requirements of former Administrative 
Code Section 590(a). By July 1, 2000, the Com- 
mission shall prepare, and the Board of Super- 
visors shall approve or modify, a list of organiza- 
tions qualified to nominate individuals for 
Committee membership. Changes to the list shall 
be made by the Commission and approved or 
modified by the Board of Supervisors annually. 
The Board of Supervisors and the Mayor shall 
make their first appointments to the Committee 
by February 1, 2001. 

(d) Duties. The Committee shall have the 
following duties: 

(1) The Committee shall submit written com- 
ments to the Department on its proposed Stra- 
tegic, Capital and Operational Plans, and all 
updates to such plans. The Committee shall 
submit comments on each such plan within 30 
days after the plan is delivered to the Commit- 
tee. 

(2) The Committee shall assist the Depart- 
ment in conducting at least two public hearings 
on evenings or on weekends to permit the public 
to comment on the Department's full budget and 
programming allocations prior to adoption by the 
Commission. 

(3) Members of the Committee appointed 
from supervisorial districts shall serve as liai- 
sons between the Commission and the residents, 
neighborhood groups and organizations dedi- 
cated to park and recreational issues in their 



203 



Sec. 13.01. 



San Francisco - Park Code 



204 



districts. Members may also serve as liaisons to 
the public at large and to citywide organizations 
that are concerned with park and recreational 
issues, and may assist the Department to ar- 
range meetings with neighborhood groups, city- 
wide organizations and the public at large to 
discuss such issues. 

(4) The Committee shall select a represen- 
tative of the Committee to make the Committee's 
quarterly report to the Commission on all signifi- 
cant park and recreational issues that have come 
to the attention of the Committee or its mem- 
bers. 

(5) The Committee shall hold meetings at 
least once a month and shall adopt its own rules 
of procedure. 

(6) In addition to the duties described in 
Charter Section 16.107 and set forth below, the 
Committee shall have such duties as maybe 
fixed by the Commission or the Board of Super- 
visors. (Added by Ord. 118-00, File No. 000478, 
App. 6/2/2000) 

SEC. 13.02. PLANNING AND 
ACCOUNTABILITY. 

(a) Strategic Plan. By December 1, 2000, 
with input from the Committee, the Department 
shall prepare, for Commission consideration and 
approval, a five-year Strategic Plan, to be up- 
dated annually, that establishes or reaffirms the 
mission, vision, goals and objectives for the De- 
partment. The Department shall consider using 
an independent planning consultant to assist 
with preparation of the Strategic Plan. 

(b) Capital Plan. By December 1, 2000, 
with input from the Committee, the Department 
shall prepare, for Commission consideration and 
approval, a five-year Capital Plan, to be updated 
annually, for the development, renovation, re- 
placement and maintenance of capital assets, 
and the acquisition of real property. In its Capi- 
tal Plan the Department shall propose specific 
properties to be acquired for open space, recre- 
ation facilities, significant natural areas, and 
other recreational purposes and shall prioritize 
capital and maintenance improvements and pro- 
vide budgets associated with such improve- 



ments. In identifying properties for acquisition 
under the Capital Plan the Department shall 
consider, among other things, the following cri- 
teria, in this order: 

(1) Acquisition of open space, facilities and 
other real property in neighborhoods designated 
as "high need areas" in the "Recreation and Open 
Space Element" of the City's General Plan; 

(2) Acquisition of open space, facilities and 
other real property in neighborhoods that are 
experiencing a significant increase in residential 
population and that have few open space or 
recreational resources; and 

(3) Acquisition of significant natural areas 
that are not otherwise protected from degrada- 
tion or development. Commencing on July 1, 
2000, the Department shall make a monthly 
report to the Commission on the status of all 
capital projects. 

( c ) Operational Plan. By December 1,2001, 
with input from the Committee, the Department 
shall prepare, for Commission consideration and 
approval, a five-year Operational Plan, to be 
updated annually, detailing proposed improve- 
ments to the Department's services and respon- 
siveness to customer needs. The annual Opera- 
tional Plan will serve as a tool for improving the 
operational efficiency of the Department and will 
include measurable performance standards for 
the Department. In developing its performance 
standards the Department shall consider, among 
other matters, the following issues: 

(1) Public safety, which shall include the 
reduction of environmental and other hazards, 
safe equipment operations and safe pesticide 
use; 

(2) Detailed maintenance work plans for 
each facility, including preventative mainte- 
nance; 

(3) Arboreal maintenance and reforestation 
of all parks; 

(4) Facility and landscape cleanliness, in- 
cluding timely graffiti removal; 

(5) Availability and cleanliness of restrooms; 
and 





205 



Implementation of Charter Section 16.107 



Sec. 13.04. 



• 



(6) Maintenance of park and facility sig- 
nage, furniture and amenities. 

(d) Environmental and Design Guide- 
lines. The Commission shall adopt written envi- 
ronmental and design guidelines for new facili- 
ties, parks, and open spaces and the renovation 
or rehabilitation of existing facilities, parks, and 
open spaces. In developing its guidelines, the 
Commission shall consider measures that will 
accomplish the following goals, among others: 

(1) Maximizing the visual appeal and natu- 
ral values of the landscape as appropriate; 

(2) Utilizing low-maintenance, long-lived, wa- 
ter-conserving plant materials where possible 
without compromising the aesthetic values of 
sound landscape design and public preferences; 

(3) Encouraging the use of ecologically- 
appropriate landscape materials to expand and 
enhance habitat for wildlife; 

(4) Providing consistent, attractive and du- 
rable furniture, signage, and park amenities; 
and 

(5) Incorporating environmentally-efficient 
building design materials, operation, and main- 
tenance for all new construction and buildings 
renovation. (Added by Ord. 118-00, File No. 
000478, App. 6/2/2000) 

SEC. 13.03. CAPITAL 
IMPLEMENTATION PROGRAM. 

(a) Preparation of the Program. Annu- 
ally and prior to the submission of their fiscal 
year budgets, the Department of Public Works 
("DPW") and the Recreation and Park Depart- 
ment ("Department") will convene a committee 
("Capital Implementation Committee") to pre- 
pare and/or revise a written. Capital Implemen- 
tation Program. The Capital Implementation 
Committee, which will include a representative 
of the Open Space Advisory Committee, will 
determine the best method of project delivery for 
capital projects and the roles and responsibilities 
of each department and its staff To make that 
determination, the Capital Implementation Com- 
mittee will consider the following factors, among 
others: 

(1) The Department's Strategic Plan and 
the scope, schedule and cost of projects included 
in the Department's Capital Plan; 



(2) The staffing levels in each department, 
the workload of staff in each department, and 
the ability of that staff to ensure that long-term 
projects are fully constructed within five years of 
the budget allocation for design and construction 
and that all other projects are fully constructed 
within three years of such allocation; 

(3) The work or projects to be performed 
in-house by each department's maintenance or 
repair staff; 

(4) The availability of other resources, in- 
cluding, but not limited to, existing as-needed 
professional service or construction contracts; 
and 

(5) Any project or group of projects that 
would be best delivered by contracting with 
consultants or contractors in accordance with 
City contracting requirements and policies. 

(b) Modifications to the Program. DPW 
shall consult with the Department quarterly to 
review the operation of the Capital Implementa- 
tion Program and to recommend to the Commis- 
sion any necessary modifications or adjustments 
to the Program. (Added by Ord. 118-00, File No. 
000478, App. 6/2/2000) 

SEC. 13.04. DEFINITIONS. 

After review and comment by the Advisory 
Committee, the Commission shall adopt such 
definitions of word and phrases as the Commis- 
sion deems necessarjr for the consistent imple- 
mentation of these provisions. (Added by Ord. 
118-00, File No. 000478, App. 6/2/2000) 



San Francisco - Park Code 206 



• 



[The next page is 245] 



INDEX 



ABANDONMENT 

Abandonment of animals prohibited, 5.06 

ACROBATICS 

Permit required, 7.03(e) 

AGREEMENTS 

Agreement for reimbursement of cost of restor- 
ing damage 
Permit denial, basis for 
Failure to execute agreement, 7.07(k) 

AIRPLANES, HELICOPTERS, HOT AIR BAL- 
LOONS, ETC., 3.09 
Permit required, 7.04(a)(1) 

AIRPLANES, MODEL 

Disorderly conduct, 4.01(d) 

ALCOHOLIC BEVERAGES, 4.10 
Certain acts prohibited in Candlestick Park 
Stadium, Kezar Stadium or Kezar Pavil- 
ion, 4.09 
Intoxication by alcohol or drugs, 4.15 
Persons intoxicated by alcohol or drugs 
Exclusion from park or facilities, 4.11, 4.12(a) 

AMUSEMENT PARK DEVICES 

Permit required, 7.03(r) 

AMUSEMENTS 
Permit required, 7.03(f) 

ANIMALS 
Abandonment of animals prohibited, 5.06 
Animal show 

Permit required, 7.03(o) 
Animals prohibited from certain areas, 5.02 
Bridle paths, 3.04, 5.04(b) 
Cats must be on leash or in transport box, 5.03 
Disturbing animals, birds, fish prohibited, ex- 
ceptions, 5.08 



ANIMALS (Cont'd.) 
Dogs, cats, horses only allowed, 5.01 
Elephants, keeping prohibited, 5.09 
Feeding animals prohibited, 5.07 
Horses, 5.04 

Bridle paths, 3.04 

Dogs, cats, horses only allowed, 5.01 
Vicious animals prohibited, 5.05 
Yerba Buena Gardens 

Animals prohibited, 11.03 

AQUATIC FEES, 12.40 

ARBORETUM 

Animals prohibited from certain areas, 5.02 
Athletic activities prohibited in certain areas, 
3.05 

ART SHOWS 
Permit required, 7.03(q) 
Sales prohibited at art shows, 7.11 
Sharon Arts Studio, 12.27 

ARTS, PERFORMING 

Amateur productions of performing arts, no 
charge to the public, 12.22(f) 

ARTS STUDIO 

Sharon Arts Studio 
Fees, 12.27 

ASSESSMENT OF CIT^' PARKS AND CITY 
RECREATION PROGRAMS 

Periodic assessment, 3.18 

ATHLETIC ACTIVITIES 

Athletic field fees for adults, 12.36 

Fees 

Athletic events charging participants an en- 
try fee, per day 12.22(d) 

Athletic events not charging participants an 
entry fee, per day., 12.22(e) 



245 



San Francisco - Park Code 



246 



ATHLETIC ACTIVITIES (Cont'd.) 

Elementary, middle or high school outdoor 
events, including sports field days, 12.22(c) 
Permits — athletic events, 7.13 
Personal services, 3.08 
Persons disturbing athletic events 

Exclusion from parks or facilities, 4.12(e) 
Persons using athletic facilities 
Disobeying rule or regulation, exclusion, 
4.12(d) 
Prohibited in certain areas, 3.05 
Yerba Buena Gardens 
Certain athletic activities prohibited, 11.02 

_ B_ 

BANDSTANDS 
Permit required, 7.03(t) 

BOATS 
Lake Merced boat storage 

Fees, 12.38 
Launching boats prohibited, 3.06 
Marina fees, 12.11 
Personal services, 3.08 

BONDS, PERFORMANCE 

Permit conditions, 7.06 
Permit denial, basis for 
Failure to post bond, 7.07(i) 

BOOKS (See PRINTED MATERIAL) 

BOTTLES, GLASS, ETC. 
Certain acts prohibited in Candlestick Park 
Stadium, Kezar Stadium or Kezar Pavil- 
ion, 4.09 
Throwing bottles, glass, stones, etc. 
Candlestick Park Stadium, Kezar Stadium 

or Kezar Pavilion, 4.09(b) 
Disorderly conduct, 4.01(a) 

BRIDLE PATHS, 3.04, 5.04(b) 

BUILDINGS (See also CONSTRUCTION) 
Acts injurious to buildings 
Persons may be excluded from park build- 
ings, 4.12(c) 



BUILDINGS (See also CONSTRUCTION) 
(Cont'd.) 
Alcoholic beverages, 4.10 
Persons intoxicated by alcohol or drugs 
Exclusion from park, park buildings, etc., 
4.11, 4.12(a) 
Animals prohibited from certain areas, 5.02 
Building materials, 3.15 
Camping prohibited, 3.12 
Climbing buildings, monuments, trees, etc. 

Disorderly conduct, 4.01(f) 
Commercial vehicles transporting building ma- 
terial, 6.05 
Construction, erecting buildings or other struc- 
tures 
Permit required, 7.03(t), 7.04(a)(3) 
Ground to be restored to condition, 3.16 
Performance of labor, 3.14 
Reservation of buildings and stadiums, 7.09 
Signs, restrictions on posting, 3.07 

BUSES 

Sightseeing buses 
Defined, 2.08 
Parking, 6.06 



CAMP MATHER 
Fees 
Camp Mather cabin and tent site usage fees, 

12.01 
Camp Mather day use fees, 12.02 
Camp Mather low income fee reductions, 
12.04 

Camp Mather meal fees, 12.03 

CAMPING 

Camp Mather (See that subject) 
Day camp fees, 12.15 

Program, 12.15(a) 

Randall Museum Camps, 12.15(b) 
Prohibited, 3.12 

CANDLESTICK PARK STADIUM 
Certain acts prohibited, 4.09 




247 



Index 



CANDLESTICK PARKING LOTS 

Fees, 12.08(C) 

CAPITAL IMPLEMENTATION PROGRAM 

Charter section 16.107 Implementation, 13.03 

CARROUSEL FEES, 12.09 

CATS (See ANIMALS) 

CHARTER SECTION 16.107 IMPLEMENTA- 
TION 
Capital Implementation Program, 13.03 

Modifications to the program, 13.03(b) 

Preparation of the program, 13.03(a) 
Citizens' Advisory Committee, 13.01 

Duties, 13.01(d) 

Membership, 13.01(a) 

Terms, 13.01(b) 

Transition period, 13.01(c) 
Definitions, 13.04 
Planning and accountability, 13.02 

Capital plan, 13.02(b) 

Environmental and design guidelines, 13.02(d) 

Operational plan, 13.02(c) 

Strategic plan, 13.02(a) 

CIRCUSES 
Permit required, 7.03(e) 

CITIZENS' ADVISORY COMMITTEE 

Charter section 16.107 Implementation, 13.01 

CLUBHOUSES 

Fees, 12.21 

COIT TOWER 
Fees, 12.06 

COMMERCIAL PHOTOGRAPHY 

Commercial photography, filming, recording, 
7.12 

COMMERCIAL VEHICLES 
Prohibited, 6.05 
(See also MOTOR VEHICLES AND TRAF- 
FIC) 

COMMISSION 
Defined, 2.02 



COMMISSIONS, COMMITTEES (See DEPART- 
MENTS AND OTHER AGENCIES OF CITY) 

CONCERTS 

Erecting scaffolds, platforms, stages, band- 
stands, etc. 

Permit required, 7.03(t) 

Permit required, 7.03(i) 

CONCESSIONS 

Personal services, 3.08 

Peddling and vending merchandise or printed 
material, 3.10 

CONSERVATORY OF FLOWERS 

Admission fees, 12.34 

CONSERVATORY VALLEY 

Animals prohibited from certain areas, 5.02 

Athletic activities prohibited in certain areas, 
3.05 

CONTROLLED SUBSTANCES 
Intoxication by alcohol or drugs, 4.15 
Persons intoxicated by alcohol or drugs 
Exclusion from parks or facilities, 4.11, 4.12(a), 
(b) 

CONSTRUCTION 
Building materials, 3.15 

Commercial vehicles transporting building ma- 
terial, 6.05 
Ground to be restored to condition, 3.16 

Interference with Recreation and Park Depart- 
ment employees, 4.08 
Permit required, 7.04(a)(3) 
Performance of labor, 3.14 
Warning signals at danger points, 3.17 

_ D _ 

DANCES 
Permit required, 7.03(e), (j) 

DANGER POINTS 

Warning signals at danger points, 3.17 



San Francisco - Park Code 



248 



DANGEROUS OBJECTS 

Throwing stones, bottles, glass, etc. 
Disorderly conduct, 4.01(a) 

DAY CAMP FEES, 12.15 
Program, 12.15(a) 
Randall Museum Camps, 12.15(b) 

DEFINITIONS 

Commission, 2.02 
General Manager, 2.03 
Park, 2.01 
Park Patrol, 2.09 
Person, 2.05 
Sightseeing bus, 2.08 
Sign, 2.06 

Superintendent of Recreation and Superinten- 
dent of Parks, 2.04 
Vehicle, 2.07 

DEMONSTRATIONS 
Permit conditions, 7.08 
Permit required, 7.03(b) 

DEPARTMENT OF PUBLIC WORKS 

Interference with employees, 4.08 

DEPARTMENTS AND OTHER AGENCIES OF 
CITY 

Citizens' Advisory Committee 

Charter section 16.107 Implementation, 13.01 
Department of Public Works (See that subject) 
Recreation and Park Commission (See that 

subject) 
Recreation and Park Department (See that 

subject) 
Redevelopment Agency Commission, 11.01 

DESTRUCTION OF PROPERTY 

Malicious destruction of property, 4.05 

DIRECTOR OF DEPARTMENT OF PUBLIC 
WORKS 

United Nations Plaza, duties of Director 
Additional activities requiring permits, 8B.03 
Authority of the Director, 8B.01 
Rules and regulations governing use of United 
Nations Plaza, 8B.02 



DISORDERLY CONDUCT 

Alcoholic beverages, 4.10 
Intoxication by alcohol or drugs, 4.15 

Persons intoxicated by alcohol or drugs may 
be excluded, 4.11, 4.12(a) 
Certain acts prohibited — Park Stadium, Kezar 

Stadium or Kezar Pavilion, 4.09 
Disorderly conduct, 4.01 

Fighting, disturbing peace, offensive words, 
4.14 

Interference with Recreation and Park Depart- 
ment employees, 4.08 
Intoxication by alcohol or drugs, 4.15 

Persons intoxicated by alcohol or drugs may 
be excluded, 4.11, 4.12(a) 

Littering and dumping of waste matter prohib- 
ited, 4.04 

Malicious destruction of property, 4.05 
Minors, parents and guardians of, 4.16 
Persons intoxicated by alcohol or drugs may be 

excluded, 4.11, 4.12(a) 
Persons may be excluded under certain circum- 
stances, 4.12 

Polluting waters prohibited, 4.03 
Refusal to obey lawful order, 4.13 
Removal of trees, wood, etc., 4.06 

Penalties for violation of section 4.06, 4.07 
Skateboard safety requirements, 4.17 
Swimming restrictions, 4.02 

DISTURBANCES 

Disturbing animals, birds, fish prohibited, ex- 
ceptions, 5.08 

Fighting, disturbing the peace, offensive words, 
4.14 

Permits — rights granted 

Disturbances of persons granted permits, 
7.15 

Persons behaving in a noisy, boisterous or 
rowdy manner 

Excluded from parks or facilities, 4.12(e) 
DOGS (See ANIMALS) 





249 



Index 



DRAMATIC PERFORMANCES 

Permit required, 7.03(e) 

DRUGS (See CONTROLLED SUBSTANCES) 

DRUMS AND OTHER PERCUSSION INSTRU- 
MENTS 
Disorderly conduct, 4.01(k) 

DUMPING 

Littering and dumping of waste matter prohib- 
ited, 4.04 

— E — 

ELEPHANTS 
Keeping prohibited, 5.09 

EMERGENCIES 
PubHc may be excluded from parks or park 
buildings, 3.03 

ENCROACHMENT 
Fees, 12.25 

ENTERTAINMENT 

Permit required, 7.03(f), (n) 

ENVIRONMENTAL AND DESIGN GUIDE- 
LINES 
Planning and accountability 
Charter section 16.107 Implementation, 
13.02(d) 

EVENTS 
Fees, 12.22 day, 12.22(d) 
Amateur productions of performing arts, no 

charge to the public, 12.22(f) 
Athletic events charging participants an en- 
try fee, per day, 12.22(d) 
Athletic events not charging participants an 
entry fee, per day, 12.22(e) 

Commercial events per day, 12.22(a) 
Community/non-commercial events per day, 

12.22(b) 
Elementary, middle or high school outdoor 

events, including sports field days, 12.22(c) 

EXCLUSIONS FROM PARKS (See PERSONS 
EXCLUDED FROM PARKS) 



EXHIBITIONS 

Permit required, 7.03(e) 

EXPLOSIVES 
Disorderly conduct, 4.01(b) 



FARMERS' MARKETS 
Permit, 7.21 

FEATS OF SKILL 
Permit required, 7.03(f) 

FEES (Article 12) 

Adjustment of fees, 12.20 

Aquatic fees, 12.40 

Athletic field fees for adults, 12.36 

Camp Mather cabin and tent site usage fees, 
12.01 

Camp Mather day use fees, 12.02 

Camp Mather low income fee reductions, 12.04 

Camp Mather meal fees, 12.03 

Carrousel fees, 12.09 

Clubhouses, 12.21 

Coit Tower, 12.06 

Conservatory of Flowers 

Admission fees, 12.34 
Day camp fees, 12.15 

Program, 12.15(a) 

Randall Museum Camps, 12.15(b) 
Encroachment, 12.25 
Events, 12.22 

Field trip reimbursement, 12.31 
Fleming Golf Course, 12.12 
Golden Gate Park Concourse parking, 12.26 
Golden Gate Park Concourse underground park- 
ing facility, 12.35 

Golden Gate Park golf fees, 12.16 
Golf fees 

Golf carts and driving range balls, 12.33 

Golden Gate Park, 12.16 

Harding Park and Fleming Golf Courses, 

12.12 
Lincoln Park, 12.13 



Supp. No. 10, July/August 2007 



San Francisco - Park Code 



250 



FEES (Article 12) (Cont'd.) 

McLaren Park (Glen Eagles), 12.37 

Resident golf cards, 12.32 

Sharp Park, 12.14 
Harding Park and Fleming Golf Courses, 12.12 
Japanese Tea Garden, 12.05 
Junior and family golf tournaments, 12.43 
Lake Merced Boat Storage, 12.38 
Latch Key Program, 12.30 
Lincoln Park golf fees, 12.13 
Marina fees, 12.11 

McLaren Park (Glen Eagles) golf fees, 12.37 
Parking fees on recreation and park property, 
12.08 

Candlestick parking lots, 12.08(c) 

Golden Gate Park, 12.08(b) 

Golden Gate Park Concourse parking, 12.26 

Golden Gate Park Concourse underground 
parking facility, 12.35 

Kezar Parking Lot, 12.08(a) 

Other recreation and park property, 12.08(d) 
Photography and film, 12.24 
Photography Center, 12.29 
Picnics, 12.23 

Professional tennis lesson rates, 12.41 
Randall Museum Camps 

Day camp fees, 12.15(b) 
Recreation program fees, 12.44 
Reduction or waiver of fees, 12.28 
Reservation administrative fees, 12.45 
Sharon Arts Studio, 12.27 
Sharp Park golf fees, 12.14 
Stadium rentals, 12.42 

Tiny Tot/Child Development Program fees, 12.39 
Waiver of fees, 12.28 
Wedding fees, 12.07 

Annual increases, 12.12(g) 

Commission to select final rate structure; 
Citizens Advisory Committee, 12.12(b) 

Greens fees, 12.12(a) 

Other fees and charges, 12.12(f) 



FEES, CHARGES 
Gaining admittance without paying 

Disorderly conduct, 4.0 l(j) 
Permits 
Permit denial, basis for 
Failure to pay processing fee, user fee, etc., 
7.07(h) 

Procedure for billing costs, 7.18 

FENCES, WALLS AND OTHER ENCLOSURES 

Climbing fences, walls, etc. 

Disorderly conduct, 4.01(D 
Erecting 

Permit required, 7.03(t) 
Signs, restrictions on posting, 3.07 

FESTIVALS 
Permit required, 7.03(e) 

FIELD TRIPS 

Fees 
Field trip reimbursement, 12.31 

FIGHTING 

Fighting, disturbing the peace, offensive words, 
4.14 

FILMING 

Commercial photography, filming, recording, 
7.12 

FIREARMS AND WEAPONS 
Disorderly conduct, 4.01(b) 
Disturbing animals, birds, fish 
Shooting animals prohibited, exceptions, 5.08 

FIRES 
Disorderly conduct, 4.01(e) 

FIREWORKS 

Disorderly conduct, 4.01(c) 

FISHING 

Lake Merced Fishing, 8.01 et seq. 
(See that subject) 

FLEMING GOLF COURSE 

Fees, 12.12 





Supp. No. 10, July/August 2007 



251 



Index 





FLOWERS (See VEGETATION; see also CON- 
SERVATORY OF FLOWERS) 

FOOD 
Camp Mather meal fees, 12,03 
Selling or providing food 
Permit required, 7.03(k) 

FOUNTAINS 

Animals prohibited from certain areas, 5.02 
Climbing monuments, fountains, etc. 

Disorderly conduct, 4.01(f) 
Polluting waters prohibited, 4.03 
Swimming restrictions, 4.02 

FUNERAL PROCESSION ROUTES, 6.07 

— G — 

GARBAGE, TRASH, REFUSE, WASTE 
Littering and dumping of waste matter prohib- 
ited, 4.04 

Polluting waters prohibited, 4.03 

Transportation of residential or commercial 
garbage, 6.08 

GENERAL MANAGER 
Defined, 2.03 

GOLDEN GATE PARK 
9th Avenue 
Limitation on Travel Lanes for motor ve- 
hicles over portions of, 6.01.1 
Animals prohibited from certain areas, 5.02 
Athletic activities prohibited in certain areas, 
3.05 

Certain business vehicles prohibited from 
Golden Gate Park, 6.04 

Disability access standards and authorized ve- 
hicular traffic use for Golden Gate Park 
during Sunday road closures, 6.12 
Fees 
Golden Gate Park Concourse parking, 12.26 
Golden Gate Park Concourse underground 
parking facility, 12.35 

Golden Gate Park golf fees, 12.16 
Funeral procession routes, 6.07 



GOLDEN GATE PARK (Cont'd.) 
Limitation on Travel Lanes for motor vehicles 

over portions of Martin Luther King Jr. 

Drive and Ninth Avenue, 6.01.1 

Martin Luther King Jr. Drive 

Limitation on Travel Lanes for motor ve- 
hicles over portions of, 6.01.1 

Music Concourse Area 

Permit required, 7.03(c) 

Parking 

Customer's vehicles in Golden Gate Park, 
6.03 

Parking fees on recreation and park prop- 
erty 12.08 

Golden Gate Park, 12.08(b) 
Golden Gate Park Concourse parking, 12.26 
Golden Gate Park Concourse underground 
parking facility, 12.35 

Sightseeing buses, 6.06 

Prohibition on motor vehicle traffic in Golden 
Gate Park on Saturdays, 6.13 

Saturdays, prohibition on motor vehicle traffic 
in Golden Gate Park on, 6.13 

Sunday road closures, disability access stan- 
dards and authorized vehicular traffic use 
for Golden Gate Park during, 6.12 

Travel Lanes 

Limitation for motor vehicles over portions 
of 

9th Avenue, 6.01.1 

Martin Luther King Jr. Drive, 6.01.1 

GOLF FEES 
Golf carts and driving range balls, 12.33 
Golden Gate Park, 12.16 

Harding Park and Fleming Golf Courses, 12. 12 
Junior and family golf tournaments, 12.43 
Lincoln Park, 12.13 
McLaren Park (Glen Eagles), 12.37 
Resident golf cards, 12.32 
Sharp Park, 12.14 
Waiver of fees 
Greens fees, 12.12(a) 



Supp. No. 10, July/August 2007 



San Francisco - Park Code 



252 



GOODS (See MERCHANDISE, GOODS, WARES) 

GOVERNMENTAL UNITS 
Permit requests by governmental units, 7.14 

GRASS (See VEGETATION) 

GROUNDS 

Ground to be restored to condition, 3.16 

GUARDIANS 

Minors, parents and guardians of, 4.16 

— H — 

HALLIDIE PLAZA 

Additional activities requiring permits, 8C.03 
Director of Property, authority, 8C.01 
Rules and regulations governing use of Plaza, 
8C.02 

HANDBILLS, CIRCULARS, PAMPHLETS 

Notices, handbills, circulars and pamphlets 
Restrictions on posting, 3.07 

HANG GLIDERS 

Airplanes, helicopters, hot air balloons, etc., 
3.09 
Permit required, 7.04(a)(1) 

HARDING PARK GOLF COURSE 

Fees 
Harding Park and Fleming Golf Courses, 
12.12 

HELICOPTERS 

Airplanes, helicopters, hot air balloons, etc., 
3.09 
Permit required, 7.04(a)(1) 

HOT AIR BALLOONS 

Airplanes, helicopters, hot air balloons, etc., 
3.09 
Permit required, 7.04(a)(1) 

HORSES (See ANIMALS) 

HUMAN EXCRETA 
Disorderly conduct, 4.01(g) 



HUNTING 

Disturbing animals, birds, fish prohibited, ex- 
ceptions, 5.08 



INSURANCE 
Permit conditions, 7.06 
Permit denial, basis for 
Failure to provide insurance, 7.07(j) 

INTOXICATION (See also ALCOHOLIC BEV- 
ERAGES) 
Intoxication by alcohol or drugs, 4.15 
Persons intoxicated by alcohol or drugs may be 
excluded, 4.11, 4.12(a) 



JAPANESE TEA GARDEN 
Animals prohibited from certain areas, 5.02 
Athletic activities prohibited in certain areas, 

3.05 
Fees, 12.05 

JUGGLING 

Permit required, 7.03(e) 

— K — 

KEZAR PARKING LOT 

Fees, 12.08(A) 

KEZAR PAVILION 

Certain acts prohibited, 4.09 

KEZAR STADIUM 

Certain acts prohibited, 4.09 

KITE FLYING EVENTS 

Permit required, 7.03(s) 

— L — 

LABOR 

Performance of labor, 3.14 

LAKE MERCED FISHING 
California Fish and Game Code, 8.07 

Enforcement of article — Rules and regula- 
tions, 8.08 





Supp. No. 10, July/August 2007 



253 



Index 




LAKE MERCED FISHING (Cont'd.) 
Lake Merced Boat Storage 

Fees, 12.38 

Posting of area signs required, 8.06 

Sport fishing permits 
Compensation for sale of permits, 8.04 
Disposition of money collected, 8.05 
Permits issued and delivered by whom, 8.03 
Persons to whom issuable, 8.01 
Term— Class A and Class B— Fees, 8.02 

Violations, a misdemeanor, 8.09 
Enforcement of article — Rules and regula- 
tions, 8.08 

LAKES, PONDS AND OTHER BODIES OF WA- 
TER 

Animals prohibited from certain areas, 5.02 
Lake Merced Fishing (See that subject) 
Marina fees, 12.11 
Polluting waters prohibited, 4.03 
Swimming restrictions, 4.02 

LATCH KEY PROGRAM 

Fees, 12.30 

LEAFLETTING 
Permit conditions, 7.08 
Permit required, 7.03(b) 

LEASES 

Personal services, 3.08 

Peddling and vending merchandise or printed 
material, 3.10 

LICENSES (See also PERMITS) 
Personal services, 3.08 

Peddling and vending merchandise or printed 
material, 3.10 

LINCOLN PARK GOLF 

Fees, 12.13 

LITTER, LITTERING 
Littering and dumping of waste matter prohib- 
ited, 4.04 
Polluting waters prohibited, 4.03 



— M- 

MARATHONS 

Permit required, 7.03(1) 

MARINA FEES, 12.11 

MCLAREN PARK (GLEN EAGLES) GOLF FEES, 
12.37 

MERCHANDISE, GOODS, WARES 

Commercial vehicles transporting goods, mer- 
chandise, etc., 6.05 
Peddling and vending merchandise or printed 

material, 3.10 
Selling, bartering, etc. 
Permit required, 7.04(a)(2) 

MINORS 
Latch Key Program 

Fees, 12.30 
Minors, parents and guardians of, 4.16 
Tiny TotyChild Development Program fees, 12.39 

MODEL AIRPLANES 

Disorderly conduct, 4.01(d) 

MONUMENTS 

Climbing monuments, trees, etc. 

Disorderly conduct, 4.01(f) 
Erecting 

Permit required, 7.03(t) 
Signs, restrictions on posting, 3.07 

MOTOR VEHICLES AND TRAFFIC 
Bridle paths, 3.04 

Certain business vehicles prohibited from 
Golden Gate Park, 6.04 

Commercial vehicles prohibited, 6.05 

Disability access standards and authorized ve- 
hicular traffic use for Golden Gate Park 
during Sunday road closures, 6.12 

Exceptions, 6.11 

Funeral procession routes, 6.07 

Golden Gate Park 

Disability access standards and authorized 
vehicular traffic use during Sunday road 
closures, 6.12 



Supp. No. 10, July/August 2007 



San Francisco - Park Code 



254 



MOTOR VEHICLES AND TRAFFIC (Cont'd.) 
Prohibition on motor vehicle traffic in Golden 
Gate Park on Saturdays, 6.13 
Parades 

Permit required, 7.03(a) 
Parking 
Operation and parking of vehicles, 6.01 
Parking of customer's vehicles in Golden 

Gate Park, 6.03 
Parking of sightseeing buses, 6.06 
Permit required, 7.03(u) 
Penalties, 6.10 

Races, marathons obstructing or interfering 
with traffic 
Permit required, 7.03(1) 
Signs, handbills, etc. 

Posting on vehicles, 3.07 
Sightseeing bus 
Defined, 2.08 
Parking, 6.06 
Soliciting passengers for vehicles prohibited, 

6.09 
Sunday road closures, disability access stan- 
dards and authorized vehicular traffic use 
for Golden Gate Park during, 6.12 
Towing of vehicles, 6.02 
Transportation of residential or commercial 

garbage, 6.08 
Travel Lanes in Golden Gate Park 
Limitation for motor vehicles over portions 
of 
9th Avenue, 6.01.1 

Martin Luther King Jr. Drive, 6.01.1 
Vehicle, defined, 2.07 
Yerba Buena Gardens 
Wheeled equipment prohibited, 11.04 

MOVIES 
Commercial photography, filming, recording, 

7.12 
Permit required, 7.03(f) 

MUSEUMS 
Randall Museum Camps 
Fees, 12.15(b) 



MUSIC CONCOURSE AREA OF GOLDEN GATE 
PARK 

Soliciting in 

Permit required, 7.03(c) 

MUSIC, SOUND AMPLIFICATION DEVICES 
(See SOUND AMPLIFICATION DEVICES) 

MUSICAL CONCERTS 

Permit required, 7.03(i) 

MUSICAL INSTRUMENTS 
Drums and other percussion instruments 
Disorderly conduct, 4.01(k) 

— N — 
NEWSPAPERS (See PRINTED MATERIAL) 

NOISE 

Fighting, disturbing the peace, offensive words, 

4.14 
Persons behaving in a noisy manner 
Persons excluded from parks or facilities, 

4.12(e) 

Playing percussion instruments, including 
drums 
Disorderly conduct, 4.01(k) 

— O — 

OBEYING ORDERS 
Refusal to obey lawful order, 4.13 
Refusal to obey rules or regulations, 4.12(d) 

OFFENSIVE WORDS 

Fighting, disturbing the peace, offensive words, 
4.14 

OFFICERS AND EMPLOYEES 

Director of Department of Public Works (See 

that subject) 
General manager (See that subject) 
Superintendent of Recreation and Superinten- 
dent of Parks (See that subject) 



PANTOMIME 

Permit required, 7.03(e) 





Supp. No. 10, July/August 2007 



255 



Index 




PARACHUTES 

Permit required, 7.04(a)(1) 

PARADES 
Permit required, 7.03(a) 

PARENTS, GUARDIANS 

Minors, parents and guardians of, 4.16 

PARK 

Defined, 2.01 

PARK PATROL 
Defined, 2.09 

PARKING 
Golden Gate Park Concourse, fees 
Golden Gate Park Concourse parking, 12.26 
Golden Gate Park Concourse underground 
parking facility, 12.35 
Operation and parking of vehicles, 6.01 et seq. 

(See MOTOR VEHICLES AND TRAFFIC) 
Parking fees on recreation and park property, 
12.08 
Candlestick parking lots, 12.08(c) 
Golden Gate Park, 12.08(b) 
Golden Gate Park Concourse parking, 12.26 
Golden Gate Park Concourse underground 

parking facility, 12.35 
Kezar parking lot, 12.08(a) 
Other recreation and park property, 12.08(d) 
Permit required, 7.03(u) 

PEDDLING 

Peddling and vending merchandise or printed 
material, 3.10 

PENALTIES, 10.01 

PERFORMING ARTS 
Amateur productions of performing arts, no 
charge to the public, 12.22(f*) 

PERIODIC ASSESSMENT OF CITY PARKS AND 
CITY RECREATION PROGRAMS, 3.18 

PERIODICALS (See PRINTED MATERIAL) 

PERMITS (See also LICENSES) 
Additional activities requiring permits, 7.04 



PERMITS (See also LICENSES) (Cont'd.) 
Appeal, 7.20 

Art shows, sales prohibited at, 7.11 

Athletic events, 7.13 

Billing costs, procedure, 7.18 

Commercial photography, filming, recording, 

7.12 
Conditions, 7.06 
Definitions, 7.02 
Denial 

Appeal, 7.20 

Basis for, 7.07 
Duties of permittee, 7.16 
Failure to obtain, 7.17 
Farmers' Markets, 7.21 

Governmental units, permit requests by, 7.14 
Hallidie Plaza 

Additional activities requiring permits, 8C.03 
Lake Merced Fishing 

Sport fishing permits, 8.01 et seq. 
(See LAKE MERCED FISHING) 
Personal services, 3.08 
Peddling and vending merchandise or printed 

material, 3.10 
Petitioning, leafletting, picketing, soliciting, 

7.08 
Procedure, 7.05 
Purpose, 7.01 
Required, 7.03 

Additional activities requiring permits, 7.04 
Reservation of buildings and stadiums, 7.09 
Rights granted, 7.15 
Sales prohibited at art shows, 7.11 
United Nations Plaza 

Additional activities requiring permits, 8B.03 
Violation of permit conditions, 7.19 
Yacht harbor, 7.10 

PERSON 
Defined, 2.05 

PERSONS EXCLUDED FROM PARKS 

Persons intoxicated by alcohol or drugs may be 
excluded, 4.11, 4.12(a) 



Supp. No. 10, July/August 2007 



San Francisco - Park Code 



256 



PERSONS EXCLUDED FROM PARKS (Cont'd.) 
Persons may be excluded under certain circum- 
stances, 4.12 
Public may be excluded from parks or park 
buildings, 3.03 

PERSONAL SERVICES, 3.08 

PETITIONS, PETITIONING 
Permit conditions, 7.08 
Permit required, 7.03(a) 

PHOTOGRAPHY 

Commercial photography, filming, recording, 

7.12 
Fees 

Photography and film, 12.24 

Photography Center, 12.29 

PICKETING 
Permit conditions, 7.08 

PICNICS 

Fees, 12.23 

Permit required, 7.03(j) 

POLLUTION 

Polluting waters prohibited, 4.03 

PONDS (See LAKES, PONDS AND OTHER 
BODIES OF WATER) 

POOLS (See SWIMMING, SWIMMING POOLS) 

PRINTED MATERIAL (Books, newspapers, pe- 
riodicals, etc.) 
Notices, handbills, circulars and pamphlets 

Restrictions on posting, 3.07 
Peddling and vending merchandise or printed 

material, 3.10 
Permit required for selling books, newspapers, 
etc., 7.03(c) 

PROMOTIONS 

Permit required, 7.03(e) 

PROPERTY DAMAGE, DESTRUCTION 

Agreement for reimbursement of cost of restor- 
ing damage 
Permit denial, basis for 
Failure to execute agreement, 7.07(k) 



PROPERTY DAMAGE, DESTRUCTION (Cont'd.) 
Malicious destruction of property, 4.05 

PUBLIC WORKS 

Director of Department of Public Works (See 
that subject) 

— R — 

RACES, MARATHONS 

Permit required, 7.03(1) 

RANDALL MUSEUM CAMPS 

Fees, 12.15(b) 

RECORDING 

Commercial photography, filming, recording, 
7.12 

RECREATION AND PARK COMMISSION 

Commission, defined, 2.02 

Rules of Commission to be obeyed, 3.01 

RECREATION AND PARK DEPARTMENT 

Interference with Recreation and Park Depart- 
ment employees, 4.08 
Recreation program fees, 12.44 

REDEVELOPMENT AGENCY COMMISSION 

Yerba Buena Gardens 

Redevelopment Agency Commission, author- 
ity, 11.01 

REGULATIONS, 3.01 et seq. 
(See specific subjects) 

RELIGIOUS EVENTS 

Permit required, 7.03(h) 

RENTALS 

Stadium rental fees, 12.42 

RESERVOIRS 

Swimming restrictions, 4.02 

RESTROOMS 
Alcoholic beverages, 4.10 
Disorderly conduct provisions re, 4.01(i) 




Supp. No. 10, July/August 2007 



• 



• 



256.1 Index 



— S — 

SATURDAYS 
Golden Gate Park 
Prohibition on motor vehicle traffic in Golden 
Gate Park on Saturdays, 6.13 

SCAFFOLDS, STAGES, PLATFORMS, ETC. 

Permit required, 7.03(t) 

SCHOOLS 

Fees 
Elementary, middle or high school outdoor 
events, including sports field days, 12.22(c) 

SEVERABILITY, 9.01 

SEXUAL CONDUCT 

Disorderly conduct, 4.01(h), (i) 

SHARON ARTS STUDIO 

Fees, 12.27 



Supp. No. 10, July/August 2007 



[INTENTIONALLY LEFT BLANK] 



• 




Supp. No. 10, July/August 2007 



257 



Index 




SHARP PARK GOLF FEES, 12.14 

SHOWS 
Amateur productions of performing arts, no 

charge to the pubhc, 12.22(f) 
Permit required, 7.03(e), (o), (q) 

SHRUBS (See VEGETATION) 

SIGHTSEEING BUS 
Defined, 2.08 
Parking of sightseeing buses, 6.06 

SIGNS 
Defined, 2.06 
Lake Merced Fishing 

Posting of area signs required, 8.06 
Restrictions on posting of signs, 3.07 
Signs to be obeyed, 3.02 

SKATEBOARDS 

Safety requirements, 4.17 

SLEEPING 
Permit required, 7.04(a)(4) 
Sleeping prohibited during certain hours, 3.13 

SOCIAL GATHERINGS 
Permit required, 7.03(j) 

SOLICITATION 
Permit conditions, 7.08 
Permit required, 7.03(b), (c) 
SoUciting passengers for vehicles prohibited, 
6.09 

SOUND AMPLIFICATION DEVICES 
Permit required, 7.03(i), (m) 

SPEECHES 
Permit required, 7.03 

STADIUMS 
Reservation of buildings and stadiums, 7.09 
Stadium rental fees, 12.42 

STATUES 
Climbing statues, monuments, etc. 
Disorderly conduct, 4.01(f) 



STONES, GLASS AND OTHER DANGEROUS 

OBJECTS 
Disturbing animals, birds 

Throwing missiles at animals, 5.08 
Throwing 

Disorderly conduct, 4.01(a) 

SUNDAYS 
Golden Gate Park 
Disability access standards and authorized 
vehicular traffic use during Sunday road 
closures, 6.12 

SUPERINTENDENT OF RECREATION AND 
SUPERINTENDENT OF PARKS 
Defined, 2.04 

SURVEYS 
Periodic assessment of City parks and City 
recreation programs, 3.18 

SWIMMING, SWIMMING POOLS 

Alcoholic beverages, 4.10 
Permits — athletic events, 7.13 
Polluting waters prohibited, 4.03 
Swimming restrictions, 4.02 



TENNIS AND TENNIS LESSONS 
Professional tennis lesson rates, 12.41 

TENTS 
Camp Mather 
Camp Mather cabin and tent site usage fees, 
12.01 
Camping prohibited, 3.12 
Permit required, 7.04(a)(3) 

THEATRICS 

Permit required, 7.03(e) 

TINY TOT/CHILD DEVELOPMENT PROGRAM 
FEES, 12.39 

TITLE, 1.01 

TOWERS 
Coit Tower 
Fees, 12.06 



Supp. No. 5, February 2007 



San Francisco - Park Code 



258 



TOWERS (Cont'd.) 
Permit required, 7.03(t) 

TOWING VEHICLES, 6.02 

TRAFFIC (See MOTOR \^HICLES AND TRAF- 
FIC) 

TRANSPORTATION 

Residential or commercial garbage, 6.08 

TRAPPING 

Disturbing animals, birds, fish prohibited, ex- 
ceptions, 5.08 

TRAVEL LANES 
Golden Gate Park 
Limitation for motor vehicles over portions 
of 
9th Avenue, 6.01.1 
Martin Luther King Jr. Drive, 6.01.1 

TREES (See VEGETATION) 

— U — 

UNITED NATIONS PLAZA 

Additional activities requiring permits, 8B.03 

Authority of the Director of the Department of 
Public Works, 8B.01 

Rules and regulations governing use of United 
Nations Plaza, 8B.02 



VEGETATION (Trees, shrubs, plants, grass, flow- 
ers, etc.) 

Climbing trees, etc. 
Disorderly conduct, 4.01(f) 

Permits, denial 
Activity likely to damage trees, plants or 
other vegetation, 7.07(e) 

Removal of trees, wood, etc., 4.06 
Penalties, 4.07 

Restrictions on posting of signs 

Affixing signs to trees, shrubs, plants, 3.07 

Taking up or replacing soil, turf, ground, trees, 
shrubs, plants etc., 3.14 



VEHICLES (See MOTOR VEHICLES AND 
TRAFFIC) 

VENDING 

Peddling and vending merchandise or printed 
material, 3.10 

VICIOUS ANIMALS 
Prohibited, 5.05 

— W — 

WALLS (See FENCES, WALLS AND OTHER 
ENCLOSURES) 

WARES (See MERCHANDISE, GOODS, WARES) 

WARNING SIGNALS 

Warning signals at danger points, 3.17 

WASTE (See GARBAGE, TRASH, REFUSE AND 
WASTE) 

WATER, BODIES OF (See LAKES, PONDS AND 
OTHER BODIES OF WATER) 

WEAPONS (See FIREARMS AND WEAPONS) 

WEDDING CEREMONIES 
Permit required, 7.03(p) 

WEDDING FEES, 12.07 
Annual increases, 12.12(g) 

Commission to select final rate structure; Citi- 
zens Advisory Committee, 12.12(b) 

WORKS, DEPARTMENT OF (See DEPART- 
MENT OF PUBLIC WORKS) 



YACHT HARBOR 

Permit required, 7.10 

YERBA BUENA GARDENS 

Animals prohibited, 11.03 

Certain athletic activities prohibited, 11.02 

Redevelopment Agency Commission, author- 
ity 11.01 

Wheeled equipment prohibited, 11.04 



• 



Supp. No. 5, February 2007 



259 Index 

— Z — 

ZOOLOGICAL GARDENS 

Animals prohibited from certain areas, 5.02 




Supp. No. 5, February 2007 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 5, February 2007 



CITY AND COUNTY OF 

SAN FRANCISCO 

MUNICIPAL CODE 



CAMPAIGN AND 
GOVERNMENTAL 
CONDUCT CODE 




t 



MUNICIPAL CODE CORPORATION 



Tallahassee, Florida 



2006 



CITY AND COUNTY OF SAN FRANCISCO 
MUNICIPAL CODE 



Charter 

Administrative Code 

Building and Related Technical Codes 

Business and Tax Regulations Code 

Campaign and Governmental Conduct Code 

Environment Code 

Fire Code 

Health Code 

Municipal Elections Code 

Park Code 

Planning Code 

Police Code 

Port Code 

Public Works Code 

Subdivision Code 

Traffic Code 

Zoning Maps 



Supp. No. 1, September 2006 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 1, September 2006 



PREFACE TO THE 
CAMPAIGN AND GOVERNMENTAL CONDUCT CODE 



The San Francisco Municipal Code contains ordinances enacted through 
Ordinance 75-08, File Number 071531, Approved May 9, 2008. A 
legislative history, containing ordinance number and approval date, is 
located at the conclusion of most sections. The legislative history of 
ordinances approved after March 1999 also contain Board of Supervi- 
sors file numbers. 



Supp. No. 16, April 2008 



Supp. No. 16, April 2008 



THE SAN FRANCISCO CAMPAIGN AND GOVERNMENTAL CONDUCT CODE 

Article Page 

I. ELECTION CAMPAIGNS 3 

IL LOBBYING 151 

III. CONDUCT OF GOVERNMENT OFFICIALS AND EMPLOYEES 177 

IV. PROTECTION OF WHISTLEBLOWERS 311 

INDEX 417 



San Francisco - Campaign and Governmental Conduct Code 



[INTENTIONALLY LEFT BLANK] 



ARTICLE I: ELECTION CAMPAIGNS 

Chapter Page 

1. CAMPAIGN FINANCE 5 

2. RESERVED 61 

3. [RESERVED] 71 

4. RESERVED 81 

5. REGULATION OF CAMPAIGN CONSULTANTS 91 



Supp. No. 12, November/December 2007 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 12, November/December 2007 



CHAPTER 1: CAMPAIGN FINANCE 



Sec. 1.100. Purpose and Intent. 

Sec. 1.102. Citation. 

Sec. 1.103. Amendment or Repeal of 

Chapter. 
Sec. 1.104. Definitions. 
Sec. 1.106. Adoption of General Law — 

Exceptions. 
Sec. 1.107. Training for Treasurers. 
Sec. 1.108. Candidate Campaign 

Contribution Trust Accounts 

and Campaign Contingency 

Accounts. 
Sec. 1.110. Campaign Statements — Public 

Access. 
Sec. 1.112. Electronic Campaign Disclosure. 
Sec. 1.113. Disclosure Requirements 

During Signature Gathering 

Periods for Initiatives, 

Referenda and Recalls. 
Sec. 1.114. Contribution Limits. 
Sec. 1.115. Coordination of Expenditures. 
Sec. 1.116. Limits on Loans to Candidates. 
Sec. 1.118. Payment of Accrued Expenses. 
Sec. 1.120. Contribution Limits — 

Post-Election Legal Proceedings. 
Sec. 1.122. Solicitation or Acceptance of 

Campaign Contributions — 

Limitations. 
Sec. 1.124. Reserved. 
Sec. 1.126. Contribution Limits — 

Contractors Doing Business 

with the City. 
Sec. 1.128. Acceptance or Rejection of 

Voluntary Expenditure Ceilings. 
Sec. 1.130. Amount of Expenditure 

Ceilings. 
Sec. 1.132. Reserved. 
Sec. 1.134. Expenditure Ceilings Lifted. 
Sec. 1.134.5. Lifting of Individual 

Expenditure Ceilings. 



Sec. 1.135. Supplemental Reporting. 

Sec. 1.136. Public Financing of Election 

Campaigns. 
Sec. 1.138. Election Campaign Fund; 

Appropriation of Funds. 
Sec. 1.138.5. Reserved. 
Sec. 1.140. Eligibility to Receive Public 

Financing. 
Sec. 1.140.5. Reserved. 
Sec. 1.142. Process for Establishing 

Eligibility; Certification by the 

Ethics Commission. 
Sec. 1.144. Disbursement of Public Funds — 

Candidates for the Board of 

Supervisors. 

Sec. 1.144.5. Reserved. 

Sec. 1.146. Termination of Payments. 

Sec. 1.148. Restrictions on Use of Public 

Funds; Unexpected Public 

Funds. 
Sec. 1.150. Audit; Repayment. 
Sec. 1.152. Supplemental Reporting in 

Elections for Board of 

Supervisors and Mayor. 

Sec. 1.154. Insufficient Funds in Election 

Campaign Fund. 
Sec. 1.156. Report to the Mayor and Board 

of Supervisors. 
Sec. 1.158. Implementing Regulations; 

Forms. 
Sec. 1.160. No Limitation of Candidate 

Liability. 

Sec. 1.160.5. Disclosure and Filing for 

Persuasion Polls. 
Sec. 1.161. Disclosure and Filing 

Requirements for Mass 

Mailings. 
Sec. 1.161.5. Disclosure and Filing 

Requirements for Electioneering 

Communications. 



Supp. No. 12, November/December 2007 



San Francisco - Campaign and Governmental Conduct Code 



Sec. 1.162. Disclosure Requirements — 
Campaign Advertisements. 

Sec. 1.162.5. Disclosure Requirements — 
Campaign Advertisements. 

Sec. 1.163. Disclosure Requirements — 

Recorded Telephone Messages. 

Sec. 1.163.5. Distribution of Campaign 
Advertisements Containing 
False Endorsements. 

Sec. 1.164. Duties of Ethics Commission. 

Sec. 1.166. Duties of Enforcement 
Authority. 

Sec. 1.168. Enforcement; Advice. 

Sec. 1.170. Penalties. 

Sec. 1.172. Extension of Deadlines That 

Fall on Weekends and Holidays. 

Sec. 1.174. Effect of Violation on 

Certification of Election Results. 

Sec. 1.176. Rules of Construction. 

Sec. 1.178. Severability 

SEC. 1.100. PURPOSE AND INTENT. 

(a) Huge sums of moneys often are neces- 
sary to finance American election campaigns. 
Inherent to the high cost of election campaigning 
is the problem of improper influence, real or 
potential, exercised by campaign contributors 
over elected officials. In addition, this fundrais- 
ing distracts public officials seeking reelection 
from focusing upon important public matters, 
encourages contributions which may have a cor- 
rupting influence, and gives incumbents an un- 
fair fundraising advantage over potential chal- 
lengers. These developments undermine the 
integrity of the governmental process, the com- 
petitiveness of campaigns and public confidence 
in local officials. 

(b) It is the purpose and intent of the People 
of the City and County of San Francisco in 
enacting this Chapter to: 

(1) Place realistic and enforceable limits on 
the amount individuals may contribute to politi- 
cal campaigns in municipal elections and to 
provide full and fair enforcement of all the pro- 
visions in this Chapter; 



(2) Ensure that all individuals and interest 
groups in our city have a fair opportunity to 
participate in elective and governmental pro- 
cesses; 

(3) Create an incentive to limit overall ex- 
penditures in campaigns, thereby reducing the 
pressure on candidates to raise large campaign 
war chests for defensive purposes beyond the 
amount necessary to communicate reasonably 
with voters; 

(4) Reduce the advantage of incumbents 
and thus encourage competition for elective of- 
fice; 

(5) Allow candidates and officeholders to 
spend a smaller proportion of their time on 
fundraising and a greater proportion of their 
time dealing with issues of importance to their 
constituents' community; 

(6) Ensure that serious candidates are able 
to raise enough money to communicate their 
views and positions adequately to the public, 
thereby promoting public discussion of the im- 
portant issues involved in political campaigns; 

(7) Limit contributions to candidates and 
committees, including committees that make in- 
dependent expenditures, to eliminate or reduce 
the appearance or reality that large contributors 
may exert undue influence over elected officials; 

(8) Assist voters in making informed elec- 
toral decisions and ensure compliance with cam- 
paign contribution limits through the required 
filing of campaign statements detailing the sources 
of campaign contributions and how those contri- 
butions have been expended; 

(9) Make it easier for the public, the media 
and election officials to efficiently review and 
compare campaign statements by requiring com- 
mittees that meet certain financial thresholds to 
file copies of their campaign statements on com- 
puter diskettes or other designated electronic 
media; 

(10) Help restore public trust in governmen- 
tal and electoral institutions; and 

(11) Help ensure the integrity of the elec- 
tion process by prohibiting campaign advertise- 
ments that contain knowing false endorsements 
of current and former public officials, candi- 



Supp. No. 12, November/December 2007 



Election Campaigns - Campaign Finance 



Sec. 1.104. 



dates, political clubs, and organizations. Such 
false endorsements undermine the integrity of 
the electoral process by misleading and confus- 
ing voters about the actual support for or oppo- 
sition to candidates or ballot measures and it is 
too burdensome for individual voters, inundated 
with campaign messages, to verify the accuracy 
of such claims and for persons whose positions 
are misrepresented to correct the misrepresen- 
tations close in time to the election. 

(c) This Chapter is enacted in accordance 
with the terms of Sections 5 and 7 of Article XI of 
the Constitution of the State of California and 
Section 1.101 of the Charter of the City and 
County of San Francisco. (Added by Ord. 71-00, 
File No. 000358, App. 4/28/2000; amended by 
Proposition O, 11/7/2000; Ord. 3-06, File No. 
051439, App. 1/20/2006; Ord. 228-06, File No. 
060501, App. 9/14/2006) 

(Derivation Former Administrative Code Section 
16.501; amended by Ord. 114-76, App. 4/2/76; 
Proposition N, 11/7/95) 

SEC. 1.102. CITATION. 

This Chapter may be cited as the San Fran- 
cisco Campaign Finance Reform Ordinance. 
(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation Former Administrative Code Section 
16.502; amended by Ord. 114-76, App. 4/2/76; 
Proposition N, 11/7/95) 

SEC. 1.103. AMENDMENT OR REPEAL 
OF CHAPTER. 

The voters may amend or repeal this Chap- 
ter. The Board of Supervisors may amend this 
Chapter if all of the following conditions are met: 

(a) The amendment furthers the purposes 
of this Chapter; 

(b) The Ethics Commission approves the 
proposed amendment in advance by at least a 
four-fifths vote of all its members; 

(c) The proposed amendment is available 
for public review at least 30 days before the 
amendment is considered by the Board of Super- 
visors or any committee of the Board of SupeiT'i- 
sors; and 



(d) The Board of Supervisors approves the 
proposed amendment by at least a two-thirds 
vote of all its members. (Added by Ord. 3-06, File 
No. 051439, App. 1/20/2006) 

SEC. 1.104. DEFINITIONS. 

Whenever in this Chapter the f Dllowing words 
or phrases are used, they shall mean: 

(a) "Candidate" shall mean any individual 
listed on the ballot for election to any City 
elective office or who otherwise has taken affir- 
mative action to seek nomination or election to 
such office. The term "candidate" shall also mean 
the candidate's campaign committee. 

(b) "Charitable organization" shall mean an 
entity exempt from taxation pursuant to Title 
26, Section 501 of the United State Code. 

(c) "City elective office" shall mean the of- 
fices of Mayor, Member of the Board of Supervi- 
sors, City Attorney, District Attorney, Treasurer, 
Sheriff, Assessor, Public Defender, Member of 
the Board of Education of the San Francisco 
Unified School District and Member of the Gov- 
erning Board of the San Francisco Community 
College District. The Board of Supervisors shall 
be deemed to consist of eleven separate City 
elective offices, the San Francisco Community 
College District shall be deemed to consist of 
seven separate City elective offices, and the 
Board of Education of the San Francisco Unified 
School District shall be deemed to consist of 
seven separate City elective offices. 

(d) "Committee" shall be defined as set forth 
in the Government Code of the State of Califor- 
nia (commencing at Section 81000). 

(e) "Contribution" shall be defined as set 
forth in Government Code of the State of Cali- 
fornia (commencing at Section 81000); provided, 
however, that "contribution" shall include loans 
of any kind or nature. 

(f) "Election" shall mean any primary, gen- 
eral, or special municipal election held in the 
City and County of San Francisco for City elec- 
tive office, regardless of whether the election is 
conducted by district or Citywide. 



Supp. No. 12, November/December 2007 



Sec. 1.104. 



San Francisco - Campaign and Governmental Conduct Code 



(g) "Enforcement authority" shall mean the 
District Attorney of the City and County of San 
Francisco for criminal enforcement, the City 
Attorney for civil enforcement, and the Ethics 
Commission for administrative enforcement. Noth- 
ing in this Chapter shall be construed as limiting 
the authority of any law enforcement agency or 
prosecuting attorney to enforce the provisions of 
this Chapter under any circumstances where 
such law enforcement agency or prosecuting at- 
torney otherwise has lawful authority to do so. 

(h) "Ethics Commission" shall mean the San 
Francisco Ethics Commission. 

(i) "Executive Director" shall mean the Ex- 
ecutive Director of the Ethics Commission, or the 
Executive Director's designee. 

(j) "Individual Expenditure Ceiling" shall 
mean the expenditure ceiling established for 
each individual candidate for Mayor or the Board 
of Supervisors who has been certified by the 
Ethics Commission as eligible to receive public 
funds under this Chapter. 

(k) "Matching contribution" shall mean a 
contribution up to $500.00, that is made by an 
individual, other than the candidate, who is a 
resident of San Francisco. Matching contribu- 
tions shall not include loans, contributions that 
are received more than 18 months before the 
date of the election, contributions made by the 
candidate's immediate family or qualifying con- 
tributions, and must comply with all require- 
ments of this Chapter. Matching contributions 
under $100.00 that are not made by written 
instrument must be accompanied by written 
documentation of the contributor's name and 
address. 

(1) "Measure" shall mean any City, San Fran- 
cisco Unified School District or San Francisco 
Community College District referendum, recall 
or ballot proposition, whether or not it qualifies 
for the ballot. 

(m) "Person" shall mean any individual, part- 
nership, corporation, association, firm, commit- 
tee, club or other organization or group of per- 
sons, however organized. 



(n) "Qualified campaign expenditure" for can- 
didates includes all of the following: 

(1) Any expenditure made by a candidate, 
or by a committee controlled by the candidate, 
for the purpose of influencing or attempting to 
influence the actions of the voters for the election 
of the candidate to City elective office. 

(2) A nonmonetary contribution provided to 
the candidate, officeholder or committee con- 
trolled by the candidate. 

(3) The total cost actually paid or incurred 
by the candidate or controlled committee of the 
candidate for a slate mailing or other campaign 
literature produced or authorized by more than 
one candidate. 

(4) Expenses incurred, but for which pay- 
ment has not yet been made. 

(5) Expenses associated with compl3rLng with 
applicable laws, including but not limited to the 
California Political Reform Act, Government Code 
Section 81000, et seq., and the provisions of this 
Chapter. 

(6) "Qualified campaign expenditure" shall 
not include filing fees, expenses incurred in 
connection with an administrative or judicial 
proceeding, payments for administrative, civil or 
criminal fines, including late filing fines, costs 
incurred after the election that do not directly 
affect the outcome of the election, including but 
not limited to utility bills, expenses associated 
with an audit, and expenses related to preparing 
post-election campaign finance disclosure re- 
ports as required by the California Political 
Reform Act, Government Code Section 81000, et 
seq., and the provisions of this Chapter, or for 
inaugural activities or officeholder expenses. 

(o) "Qualif5dng contribution" shall mean a 
contribution of not less than $10.00 and not more 
than $100.00 that is made by an individual who 
is a resident of San Francisco and that complies 
with all requirements of this Chapter. Qualifying 
contributions shall not include loans, contribu- 
tions that are received more than 18 months 
before the date of the election or contributions 
made by the candidate or the candidate's imme- 
diate family. Qualifying contributions under 



Supp. No. 12, November/December 2007 



Election Campaigns - Campaign Finance 



Sec. 1.107. 



$100.00 that are not made by written instrument 
must be accompanied by written documentation 
of the contributor's name and address. 

(p) "Recorded telephone message" shall mean 
a recorded audio message that expressly sup- 
ports or opposes a candidate for City elective 
office that is distributed by telephone. 

(q) "Surplus funds" shall mean funds re- 
maining in a candidate's campaign account at 
the time the candidate leaves City elective office, 
or at the end of the post-election reporting period 
following the defeat of the candidate for City 
elective office, whichever occurs last, and funds 
remaining in the campaign account of a commit- 
tee primarily formed to support or oppose a 
measure at the end of the post-election reporting 
period following the election at which the mea- 
sure appeared on the ballot. 

(r) "Total Opposition Spending" shall mean 
the sum of any expenditures made or expenses 
incurred by any person or persons for the pur- 
pose of making independent expenditures, elec- 
tioneering communications or member commu- 
nications in opposition to a specific candidate for 
Mayor or the Board of Supervisors. 

(s) "Total Supportive Funds" shall mean the 
sum of all contributions received by a candidate 
for Mayor or the Board of Supervisors other than 
any funds in the candidate's Campaign Contin- 
gency Account, plus the expenditures made or 
expenses incurred by any person or persons for 
the purpose of making independent expendi- 
tures, electioneering communications or member 
communications in support of that same candi- 
date. 

(t) "Trust Account Limit," shall mean the 
amount of funds in the Campaign Contribution 
Trust Account of a candidate for Mayor or the 
Board of Supervisors who has been certified by 
the Ethics Commission as eligible to receive 
public funds under this Chapter such that the 
expenditure of this amount would cause the 
candidate to reach, but not exceed, the candidate's 
Individual Expenditure Ceiling. The Trust Ac- 
count Limit shall be reduced as the candidate 
spends money and shall be increased when his or 
her Individual Expenditure Ceiling increases. 



(u) "Voter" means an individual registered 
to vote in San Francisco. 

(v) "Written instrument" means a check, 
credit card receipt, or record of electronic trans- 
fer of funds. (Added by Ord. 71-00, File No. 
000358, App. 4/28/2000; amended by Proposition 
O, 11/7/2000; Ord. 187-01, File No. 010779, App. 
8/31/2001; Ord. 141-03, File No. 030034, App. 
6/27/2003; Ord. 3-06, File No. 051439, App. 1/20/ 
2006; Ord. 31-06, File No. 051773, App. 2/23/ 
2006; Ord. 228-06, File No. 060501, App. 9/14/ 
2006; Ord. 268-07, File No. 071003, App. 11/26/ 
2007) 

(Derivation Former Administrative Code Section 
16.503; amended by Ord. 361-80, App. 8/5/80; 
Ord. 365-94 App. 10/28/94; Proposition N, 11/7/ 
95) 

SEC. 1.106. ADOPTION OF GENERAL 
LAW— EXCEPTIONS. 

Except as otherwise provided in, or inconsis- 
tent with, this Chapter or other provisions of 
local law, the provisions of the Government Code 
of the State of California (commencing at Section 
81000), relating to local elections including any 
subsequent amendments, are hereby incorpo- 
rated as part of this Chapter. (Added by Ord. 
71-00, File No. 000358, App. 4/28/2000; amended 
by Ord. 141-03, File No. 030034, App. 6/27/2003) 

(Derivation: Former Administrative Code Sec- 
tion 16.504; amended by Ord. 114-76, App. 4/2/ 

76) 

SEC. 1.107. TRAINING FOR 
TREASURERS. 

(a) Training Requirements. 

(1) Candidates. Every candidate for City 
elective office and their treasurers shall attend a 
training program conducted or sponsored by the 
Ethics Commission prior to each election at 
which the candidate's name will appear on the 
ballot. 

(2) Treasurers. Every committee treasurer 
shall attend the next training program con- 
ducted or sponsored by the Ethics Commission 
after the date the commiittee files either its 



Supp. No. 12, November/December 2007 



Sec. 1.107. 



San Francisco - Campaign and Governmental Conduct Code 



10 



original statement of organization or an amend- 
ment to a statement of organization designating 
a new treasurer. 

(b) Exception. An individual who serves as 
the treasurer for more than one committee is not 
required to attend a training required by Sub- 
section (a) if that individual has attended such a 
training within the previous 12 months. 

(c) Definition. For the purposes of this 
section, "committee" shall mean any committee 
that: (1) qualifies as committee pursuant to 
subdivision (a) of Section 82013 of the California 
Government Code as incorporated into this Chap- 
ter by Section 1.104; and (2) is required to file its 
semi-annual campaign statements with the Eth- 
ics Commission. (Added by Ord. 228-06, File No. 
060501, App. 9/14/2006) 

SEC. 1.108. CANDIDATE CAMPAIGN 
CONTRIBUTION TRUST ACCOUNTS AND 
CAMPAIGN CONTINGENCY ACCOUNTS. 

(a) CANDIDATE CAMPAIGN CONTRIBU- 
TION TRUST ACCOUNTS. 

(1) Establishment of Account. Each trea- 
surer for a candidate shall establish a Campaign 
Contribution Trust Account for the candidate at 
an office of a bank located in the City and County 
of San Francisco, the account number and branch 
identification of which shall be filed with the 
Ethics Commission within ten days of the estab- 
lishment of the account. All of the expenditures 
by the candidate for the City elective office 
sought shall be made from that account. 

(2) Prohibition on Multiple Accounts. 

All funds, services or in-kind contributions re- 
ceived by a City elective officer, or by any person 
or committee on behalf of a City elective officer, 
for expenses incurred directly in connection with 
carrying out the usual and necessary duties of 
holding office shall be deposited, credited or 
otherwise reported to the officer's campaign con- 
tribution trust account and shall be subject to 
the contribution limits in Section 1.114 of this 
Chapter. Nothing in this Section shall prohibit 
an officer from spending personal funds on offi- 
cial or related business activities. 



(3) Account Limits. A candidate for Mayor 
or the Board of Supervisors who has been certi- 
fied by the Ethics Commission as eligible to 
receive public funds under this Chapter shall 
not, at any time, have an amount of funds 
greater than the candidate's Trust Account Limit 
in his or her Campaign Contribution Trust Ac- 
count. 

(b) CAMPAIGN CONTINGENCY AC- 
COUNTS FOR CANDIDATES FOR MAYOR AND 
THE BOARD OF SUPERVISORS. 

(1) Notwithstanding any other section of 
this Code, including Subsection (a)(2), a candi- 
date for Mayor or the Board of Supervisors who 
has been certified by the Ethics Commission as 
eligible to receive public funds under this Chap- 
ter may maintain a Campaign Contingency Ac- 
count separate from his or her Campaign Con- 
tribution Trust Account into which he or she may 
deposit money contributions in anticipation of 
the candidate's Individual Expenditure Ceiling 
being raised. All money contributions deposited 
into this account shall be reported as if it were 
deposited into the candidate's Campaign Contri- 
bution Trust Account. 

(2) No expenditures shall be made from a 
Campaign Contingency Account established pur- 
suant to this section. Funds may be transferred 
between a candidate's Campaign Contingency 
Account and the candidate's Campaign Contri- 
bution Trust Account, provided that the amount 
of funds in the candidate's Campaign Contribu- 
tion Trust Account does not exceed the candidate's 
Trust Account Limit. All funds that qualify as 
matching contributions and are transferred from 
the Campaign Contingency Account to the Cam- 
paign Contribution Trust Account shall be eli- 
gible to be matched with public funds in accor- 
dance with the procedures set forth in this 
Chapter. Within ten days after the date of the 
election, the candidate shall turn over all funds 
in the Campaign Contingency Account to the 
Election Campaign Fund. (Added by Ord. 71-00, 
File No. 000358, App. 4/28/2000; amended by 
Proposition O, 11/7/2000; Ord. 141-03, File No. 
030034, App. 6/27/2003; Ord. 31-06, File No. 
051773, App. 2/23/2006; Ord. 228-06, File No. 
060501, App. 9/14/2006; Ord. 268-07, File No. 
071003, App. 11/26/2007) 



Supp. No. 12, November/December 2007 



11 



Election Campaigns - Campaign Finance 



Sec. 1.112. 



(Derivation: Former Administrative Code Sec- 
tion 16.505; amended by Ord. 114-76, App. 4/2/ 
76; Proposition N, 11/7/95; Ord. 386-95, App. 
12/14/95) 

SEC. 1.110. CAMPAIGN STATEMENTS- 
PUBLIC ACCESS. 

(a) INSPECTION AND COPYMAKING. 
Campaign statements are to be open for public 
inspection and reproduction at the Office of the 
Ethics Commission during regular business hours 
and such additional hours as the Ethics Commis- 
sion determines appropriate. The Commission 
shall provide public notice of the hours that the 
office is open for inspection and reproduction. 

(b) RETENTION. Every campaign state- 
ment required to be filed in accordance with 
Section 1.106 shall be preserved by the Ethics 
Commission for the period required under Sec- 
tion 81009 of the California Government Code 
and any subsequent amendments thereto, or 
such additional periods as the Ethics Commis- 
sion determines appropriate, provided that the 
period of retention is not less than eight years 
from the date the statement was required to be 
filed. (Formerly Sees. 1.110 and 1.112; added by 
Ord. 71-00, File No. 000358, App. 4/28/2000; 
amended by Proposition O, 11/7/2000; Ord. 141- 
03, File No. 030034, App. 6/27/2003) 

(Derivation: Former Administrative Code Sec- 
tion 16.506; amended by Ord. 114-76, App. 4/2/ 
76; Ord. 386-95, App. 12/14/95) 

SEC. 1.112. ELECTRONIC CAMPAIGN 
DISCLOSURE. 

(a) FILING ELECTRONIC CAMPAIGN 
STATEMENTS. 

(1) Filing Electronic Copies of Cam- 
paign Statements. Whenever any committee 
that meets the requirements of Subsection (b) of 
this Section is required by this Chapter or the 
California Political Reform Act (Government Code 
Section 81000 et seq.) to a campaign disclosure 
statement or report with the Ethics Commission, 
the committee shall file at the same time a copy 
of the statement or report in an electronic format 
with the Ethics Commission, provided the Ethics 



Commission has prescribed the format at least 
60 days before the statement or report is due to 
be filed. 

(2) Continuous Filing of Electronic 
Statements. Once a Committee is subject to the 
electronic filing requirements imposed by this 
Section, the Committee shall remain subject to 
the electronic filing requirements, regardless of 
the amount of contributions received or expendi- 
tures made during each reporting period, until 
the Committee files a termination statement 
pursuant to this Chapter and the California 
Political Reform Act (Government Code Section 
81000 et seq.). 

(3) Disclosure of Expenditure Dates. All elec- 
tronic statements filed under this Section shall 
include the date any expenditure required to be 
reported on the statement was incurred, pro- 
vided that the Commission's forms accommodate 
the reporting of such dates. 

(b) COMMITTEES SUBJECT TO ELEC- 
TRONIC FILING REQUIREMENTS. A Commit- 
tee is subject to this Section if the Committee is: 
(1) required to file a statement of organization 
under this Chapter and the California Political 
Reform Act (Government Code Sections 81000 et 
seq.); and (2) is controlled by a candidate, or is 
formed or exists primarily to support or oppose a 
candidate, or is formed or exists primarily to 
support or oppose a ballot measure which is 
being voted on only in the City and County, or is 
a general purpose Committee active only in the 
City and County; and (3) receives contributions, 
or makes independent expenditures, totaling 
$5,000.00 or more in a calendar year. (Added by 
Proposition O, 11/7/2000; amended by Ord. 3-06, 
File No. 051439, App. 1/20/2006; Ord. 228-06, 
File No. 060501, App. 9/14/2006) 

(Former Sec. 1.112 was added by Ord. 114-76, 
App. 4/2/76; amended by Ord. 386-95, App. 12/ 
14/95; renumbered by Ord. 71-00, File No. 000358, 
App. 4/28/2000; renumbered by Proposition O, 
11/7/2000) 



Supp. No. 12, November/December 2007 



Sec. 1.113. 



San Francisco - Campaign and Governmental Conduct Code 



12 



SEC. 1.113. DISCLOSURE 
REQUIREMENTS DURING SIGNATURE 
GATHERING PERIODS FOR 
INITIATIVES, REFERENDA AND 
RECALLS. 

(a) In order to ensure that any person inter- 
ested in the finances of any committee that is 
raising or spending funds to support or oppose a 
measure. Such committees shall file their finan- 
cial disclosure documents on dates that are within 
the time period in which signatures are gath- 
ered. 

(b) For initiatives and recalls, campaign 
disclosure statements shall be filed on the 15th 
day of the signature gathering period covering 
days 1 — 10, on the 30th day covering days 11 — 
25, and every 30 days thereafter for the 30-day 
period ending five days earlier through the end 
of the signature-gathering period. 

(c) For referenda, which have a 30-day sig- 
nature gathering period, campaign disclosure 
statements shall be filed on the 10th day of the 
period covering days 1 — 5, on the 25th day of the 
period covering days 6 — 20, and by the 60th day 
after the end of the period covering days 21 — 30. 

(d) Otherwise, campaign statements shall 
be completed and filed as specified in this Chap- 
ter and state law. (Added by Ord. 228-06, File 
No. 060501, App. 9/14/2006) 

SEC. 1.114. CONTRIBUTION LIMITS. 

(a) LIMITS ON CONTRIBUTIONS TO CAN- 
DIDATES. 

(1) Per Candidate Limit. No person other 
than a candidate shall make, and no candidate 
campaign treasurer shall solicit or accept, any 
contribution which will cause the total amount 
contributed by such person to such candidate in 
an election to exceed $500.00. 

(2) Overall Limit. No person shall make 
any contribution which will cause the total amount 
contributed by such person to all candidates in 
an election to exceed $500.00 multiplied by the 
number of City elective offices to be voted on at 
that election. 



(b) LIMITS ON CONTRIBUTIONS FROM 
CORPORATIONS. No corporation organized pur- 
suant to the laws of the State of California, the 
United States, or any other state, territory, or 
foreign country, whether for profit or not, shall 
make a contribution to a candidate for City 
elective office, provided that nothing in this 
subsection shall prohibit such a corporation from 
establishing, administering, and soliciting con- 
tributions to a separate segregated fund to be 
utilized for political purposes by the corporation, 
provided that the separate segregated fund com- 
plies with the requirements of Federal Law in- 
cluding sections 432(e) and 441b of Title 2 of the 
United States Code, including any subsequent 
amendments to those sections. 

(c) LIMITS ON CONTRIBUTIONS TO 
COMMITTEES. 

(1) Per Committee Limit. No person shall 
make, and no committee treasurer shall solicit or 
accept, any contribution which will cause the 
total amount contributed by such person to the 
committee to exceed $500.00 per calendar year. 

(2) Overall Limit. No person shall make, 
and no committee treasurer shall solicit or ac- 
cept, any contribution which will cause the total 
amount contributed by such person to all com- 
mittees to exceed $3,000.00 per calendar year, 

(3) Definitions. For purposes of this Sub- 
section, "committee" shall mean any committee 
making expenditures to support or oppose a 
candidate, but shall not include candidates' cam- 
paign committees. 

(d) AGGREGATION OF AFFILIATED EN- 
TITY CONTRIBUTIONS. 

(1) General Rule. For purposes of the con- 
tribution limits imposed by this Section and 
Section 1.120 the contributions of an entity whose 
contributions are directed and controlled by any 
individual shall be aggregated with contribu- 
tions made by that individual and any other 
entity whose contributions are directed and con- 
trolled by the same individual. 

(2) Multiple Entity Contributions Con- 
trolled by the Same Persons. If two or more 
entities make contributions that are directed 



Supp. No. 12, November/December 2007 



13 



Election Campaigns - Campaign Finance 



Sec. 1.115. 



and controlled by a majority of the same persons, 
the contributions of those entities shall be aggre- 
gated. 

(3) Majority-Owned Entities. Contribu- 
tions made by entities that are majority-owned 
by any person shall be aggregated with the 
contributions of the majority owner and all other 
entities majority-owned by that person, unless 
those entities act independently in their deci- 
sions to make contributions. 

(4) Definition. For purposes of this Sec- 
tion, the term "entity" means any person other 
than an individual and "majority-owned" means 
a direct or indirect ownership of more than 50 
percent. 

(5) Effective Date. This Subsection shall 
take effect January 1, 2004. 

(e) CONTRIBUTOR INFORMATION RE- 
QUIRED. If the cumulative amount of contribu- 
tions received from a contributor is $100.00 or 
more, the committee shall not deposit any con- 
tribution that causes the total amount contrib- 
uted by a person to equal or exceed $100.00 
unless the committee has the following informa- 
tion: the contributor's full name; the contributor's 
street address; the contributor's occupation; and 
the name of the contributor's employer or, if the 
contributor is self-employed, the name of the 
contributor's business. A committee will be deemed 
not to have had the required contributor infor- 
mation at the time the contribution was depos- 
ited if the required contributor information is not 
reported on the first campaign statement on 
which the contribution is required to be reported. 

(f) FORFEITURE OF UNLAWFUL CON- 
TRIBUTIONS. In addition to any other penalty, 
each committee that receives a contribution which 
exceeds the limits imposed by this Section or 
which does not comply with the requirements of 
this Section shall pay promptly the amount re- 
ceived or deposited in excess of the amount 
permitted by this Section to the City and County 
of San Francisco and deliver the payment to the 
Ethics Commission for deposit in the General 
Fund of the City and County; provided that the 
Commission may provide for the waiver or re- 
duction of the forfeiture. 



(g) RETURN OF CONTRIBUTIONS. A con- 
tribution to a candidate or committee making 
expenditures to support or oppose a candidate 
shall not be considered to be received if it is not 
cashed, negotiated, or deposited and in addition 
it is returned to the donor before the closing date 
of the campaign statement on which the contri- 
bution would otherwise be reported, except that 
a contribution to a candidate or committee mak- 
ing expenditures to support or oppose a candi- 
date made before an election at which the can- 
didate is to be voted on but after the closing date 
of the last campaign statement required to be 
filed before the election shall not be considered to 
be deemed received if it is not cashed, negotiated 
or deposited and is returned to the contributor 
within 48 hours of receipt. For all committees not 
addressed by this section, the determination of 
when contributions are considered to be received 
shall be made in accordance with Government 
Code Section 81000, et seq. (Added by Ord. 
71-00, File No. 000358, App. 4/28/2000; amended 
by Proposition O, 11/7/2000; Ord. 141-03, File 
No. 030034, App. 6/27/2003; Ord. 3-06, File No. 
051439, App. 1/20/2006; Ord. 228-06, File No. 
060501, App. 9/14/2006) 

(Derivation: Former Administrative Code Sec- 
tion 16.508; amended by Ord. 79-83, App. 2/18/ 
83; Proposition N, 11/7/95; Ord. 126-06, File No. 
060033, Effective without the signature of the 
Mayor 6/23/2006) 

SEC. 1.115. COORDINATION OF 
EXPENDITURES. 

(a) GeneraL An expenditure is not consid- 
ered independent and shall be treated as a 
contribution from the person making the expen- 
diture to the candidate on whose behalf, or for 
whose benefit the expenditure is made, if the 
expenditure funds a communication that ex- 
pressly advocate the nomination, election or de- 
feat of a clearly identified candidate and is made 
under the following circumstance: 

(1) The expenditure is made at the request, 
suggestion, or direction of, or in cooperation, 
consultation, concert or coordination with, the 
candidate on whose behalf, or for whose benefit, 
the expenditure is made; or 



Supp. No. 12, November/December 2007 



Sec. 1.115. 



San Francisco - Campaign and Governmental Conduct Code 



14 



(2) The communication funded by the ex- 
penditure is created, produced or disseminated: 

(A) After the candidate has made or partici- 
pated in making any decision regarding the 
content, timing, location, mode, intended audi- 
ence, volume of distribution, or frequency of 
placement of the communication; or 

(B) After discussion between the creator, 
producer or distributor of a communication, or 
the person paying for that communication, and 
the candidate or committee regarding the con- 
tent, timing, location, mode, intended audience, 
volume of distribution or frequency of placement 
of that communication, the result of which is 
agreement on any of these topics. 

(b) Rebuttable presumption of coordi- 
nation. In addition to Subsection (a) of this 
section, there shall be a presumption that an 
expenditure funding a communication that ex- 
pressly advocates the nomination, election or 
defeat of a clearly identified candidate is not 
independent of the candidate on whose behalf or 
for whose benefit the expenditure is made, when: 

(1) It is based on information about the 
candidate or committee's campaign needs or plans 
provided to the spender by the candidate; 

(2) It is made by or through any agent of the 
candidate in the course of the agent's involve- 
ment in the current campaign; 

(3) The spender retains the services of a 
person, including a campaign consultant, who 
provides, or has provided, the candidate with 
professional services related to campaign or fun- 
drasing strategy for that same election; 

(4) The communication replicates, repro- 
duces, republishes or disseminates, in whole or 
in substantial part, a communication designed, 
produced, paid for or distributed by the candi- 
date; or 

(5) In the same election that the expendi- 
ture is made, the spender or spender's agent is 
serving or served in an executive or polic5rmak- 
ing role for the candidate's campaign or partici- 
pated in strategy or policy making discussions 
with the candidate's campaign relating to the 
candidate's pursuit of election to office and the 



candidate is pursuing the same office as a can- 
didate whose nomination or election the expen- 
diture is intended to influence. 

(c) Exceptions. Notwithstanding the fore- 
going, an expenditure shall not be considered a 
contribution to a candidate merely because: 

(1) The spender interviews a candidate on 
issues affecting the spender; 

(2) The spender has obtained a photograph, 
biography, position paper, press release, or simi- 
lar material from the candidate; 

(3) The spender has previously made a con- 
tribution to the candidate; 

(4) The spender makes an expenditure in 
response to a general, non-specific request for 
support by a candidate, provided that there is no 
discussion with the candidate prior to the expen- 
diture relating to details of the expenditures; 

(5) The spender has invited the candidate 
or committee to make an appearance before the 
spender's members, employees, shareholders, or 
the families thereof, provided that there is no 
discussion with the candidate prior to the expen- 
diture relating to details of the expenditure; 

(6) The spender informs a candidate that 
the spender has made an expenditure provided 
that there is no other exchange of information 
not otherwise available to the public, relating to 
the details of the expenditure; or 

(7) The expenditure is made at the request 
or suggestion of the candidate for the benefit of 
another candidate or committee. 

(d) Definition. For purposes of this sec- 
tion, the terms "candidate" includes an agent of 
the candidate when the agent is acting within 
the course and scope of the agency. (Added by 
Ord. 228-06, File No. 060501, App. 9/14/2006) 

SEC. 1.116. LIMITS ON LOANS TO 
CANDIDATES. 

(a) A candidate's loan of personal funds to 
the candidate's campaign may not exceed at any 
time more than: 

(1) $15,000.00 for a candidate for the Board 
of Supervisors, Board of Education of the San 
Francisco Unified School District or the Govern- 
ing Board of the San Francisco Community Col- 
lege District, 



Supp. No. 12, November/December 2007 



15 



Election Campaigns - Campaign Finance 



Sec. 1.120. 



(2) $120,000.00 for a candidate for Mayor, 



or 



(3) $35,000.00 for a candidate for Assessor 
or Public Defender, City Attorney, Treasurer, 
District Attorney or Sheriff. 

(b) A candidate may not charge interest on 
any loan the candidate has made to the candidate's 
campaign. 

(c) In addition to any other penalty, loans 
made by a candidate to the candidate's campaign 
in excess of the amounts in Subsection (a) shall 
be deemed a contribution to the campaign and 
may not be repaid to the candidate. 

(d) Whenever the Ethics Commission ad- 
justs the voluntary expenditure ceilings to re- 
flect changes in the California Consumer Price 
Index, as authorized under Section 1.130, the 
Commission is authorized to adjust the loan 
amounts in this Section to reflect changes in the 
Consumer Price Index. (Added by Proposition O, 
11/7/2000; amended by Ord. 141-03, File No. 
030034, App. 6/27/2003; Ord. 228-06, File No. 
060501, App. 9/14/2006) 

(Former Sec. 1.116 was added by Ord. 365-94, 
App. 10/28/94; renumbered by Ord. 71-00, File 
No. 000358, App. 4/28/2000; repealed by Propo- 
sition O, 11/7/2000) 

SEC. 1.118. PAYMENT OF ACCRUED 
EXPENSES. 

(a) A candidate who accepts goods or ser- 
vices on credit shall pay for such accrued ex- 
penses in full no later than 180 calendar days 
after receipt of a bill or invoice and in no event 
later than 180 calendar days after the last cal- 
endar day of the month in which the goods were 
delivered or the services were rendered, unless it 
is clear from the circumstances that the failure 
to pay is reasonably based on a good faith dis- 
pute. For purposes of this Subsection, a good 
faith dispute shall be presumed if the candidate 
produces the following: 

(1) Evidence that the candidate protested 
the pajnnent of a bill no later than 30 calendar 
days after the last calendar day of the month in 
which the goods were delivered or the services 
were rendered; and 



(2) Evidence that the protest was based on 
the time of delivery, quality or quantity of goods 
delivered or services rendered or the price of the 
goods delivered or the services provided. 

(b) The provisions of Subsection (a) do not 
apply to debt owed to a financial institution for 
an outstanding credit card balance. 

(c) Each and every calendar day any ac- 
crued expense remains partially or wholly un- 
paid after the time periods set forth in Subsec- 
tion (a) constitutes a separate violation. (Added 
by Ord. 228-06, File No. 060501, App. 9/14/2006) 

(Former Sec. 1.118 was added by Ord. 71-00, File 
No. 000358, App. 4/28/2000; amended by Propo- 
sition O, 11/7/2000; repealed by Ord. 3-06, File 
No. 051439, App. 1/20/2006) (Derivation: Former 
Administrative Code Section 16.509; amended 
by Ord. 174-80, App. 5/2/80; Proposition N, 11/7/ 
95) 

SEC. 1.120. CONTRIBUTION LIMITS— 
POST-ELECTION LEGAL PROCEEDINGS. 

All provisions of this Chapter, unless speci- 
fied otherwise herein, shall be applicable in any 
post-election recounts, election contests or other 
proceedings held pursuant to law. In addition, 
the following provisions shall be applicable in 
any such post-election legal proceedings: 

(a) No person other than a candidate shall 
make, and no candidate shall solicit or accept, 
any contribution which will cause the total amount 
contributed by such person in post-election legal 
proceedings to any candidate to exceed, in addi- 
tion to the contribution limit contained in Sec- 
tions 1.114, $100.00. 

(b) Notwithstanding any other provision of 
this Chapter to the contrary, for the purposes of 
conducting post-election recounts, election con- 
tests or other proceedings held pursuant to law, 
the delivery of in-kind legal sendees by lawyers 
in support of or in opposition to candidates, 
including in-kind contributions to committees 
supporting or opposing candidates, shall not be 
subject to any contribution limitations set forth 
in this Chapter. 



Supp. No. 12, November/December 2007 



Sec. 1.120. 



San Francisco - Campaign and Governmental Conduct Code 



16 



(c) If any person violates this Section, each 
campaign treasurer who received part or all of 
the contribution or contributions which consti- 
tute the violation shall pay promptly the amount 
received from such person in excess of the amount 
permitted by this Section to the City and County 
Treasurer for deposit in the General Fund of the 
City and County (Added by Ord. 71-00, File No. 
000358, App. 4/28/2000; amended by Proposition 
O, 11/7/2000; Ord. 3-06, File No. 051439, App. 
1/20/2006) 

(Derivation: Former Administrative Code Sec- 
tion 16.509-1; added by Ord. 81-83, App. 2/25/83) 

SEC. 1.122. SOLICITATION OR 
ACCEPTANCE OF CAMPAIGN 
CONTRIBUTIONS— LIMITATIONS. 

(a) DECLARATION OF INTENT RE- 
QUIRED. No intended candidate for any City 
elective office, and no committee acting on behalf 
of a candidate, shall solicit or accept, or cause to 
be solicited or accepted, any contribution unless 
and until said candidate shall have filed a dec- 
laration of intention to become a candidate for a 
specific City elective office with the Department 
of Elections on a form to be prescribed by the 
Director of Elections. 

No person shall file a declaration of intention 
to become a candidate for more than one City 
elective office. For the purposes of this Section a 
committee acting on behalf of a candidate need 
not be controlled by or acting under the authori- 
zation of the candidate. 

(b) USE OF CAMPAIGN FUNDS. 

(i) General. Except as otherwise provided in 
this Chapter, funds in a candidate's campaign 
account may be used only on behalf of the can- 
didacy for the office specified in the candidate's 
declaration of intention filed under Subsection 
(a) or for expenses associated with holding that 
office, provided that such expenditures are rea- 
sonably related to a legislative, governmental, or 
political purpose. Contributions solicited or ac- 
cepted under this Section for one individual shall 
not be expended for the candidacy of any other 
individual or in support of or opposition to any 
measure, or be donated to a charitable organiza- 



tion. Nothing in this section shall prohibit a 
candidate in a ranked choice election from ex- 
pending funds to support the ranking of another 
candidate if the primary purpose of the expendi- 
ture is to further the candidate's own campaign. 

(ii) Withdrawal from candidacy. Campaign 
funds held by an individual who ceases to be a 
candidate or fails to qualify for an office for 
which contributions have been solicited or ac- 
cepted shall be: 

(A) returned on a "last in, first out" basis to 
those persons who have made said contributions; 

(B) donated to the City and County of San 
Francisco; or 

(C) donated to a charitable organization. 

(c) SURPLUS FUNDS. Surplus funds held 
by a candidate or committee shall be: 

(i) Returned on a "last in, first out" basis to 
those persons who have made said contributions; 

(ii) Donated to a charitable organization; or 

(iii) Donated to the City and County of San 
Francisco. 

(d) TRANSFER OF FUNDS. At any time, 
funds held in a candidate's campaign account 
may be transferred to any legally constituted 
committee established by or on behalf of the 
candidate under the Government Code of the 
State of California (commencing at Section 81000). 
Contributions transferred under this subsection 
shall be attributed to specific contributors using 
a "first in, first out" or "last in, first out" account- 
ing method. (Added by Ord. 71-00, File No. 
000358, App. 4/28/2000; amended by Proposition 
O, 11/7/2000; Ord. 141-03, File No. 030034, App. 
6/27/2003; Ord. 228-06, File No. 060501, App. 
9/14/2006) 

(Derivation: Former Administrative Code Sec- 
tion 16.510; amended by Ord. 80-83, App. 2/18/ 
83; Ord. 224-96, App. 6/17/96) 

SEC. 1.124. 

RESERVED. (Added by Ord. 71- 
00, File No. 000358, App. 4/28/2000; repealed by 
Ord. 141-03, File No. 030034, App. 6/27/2003) 

(Derivation: Former Administrative Code Sec- 
tion 16.510-1; added by Proposition N, 11/7/95) 



Supp. No. 12, November/December 2007 



17 



Election Campaigns - Campaign Finance 



Sec. 1.126. 



SEC. 1.126. CONTRIBUTION LIMITS- 
CONTRACTORS DOING BUSINESS WITH 
THE CITY. 

(a) Definitions. For purposes of this Sec- 
tion, the following words and phrases shall mean: 

(1) "Person who contracts with" includes 
any party or prospective party to a contract, as 
well any member of that party's board of direc- 
tors, its chairperson, chief executive officer, chief 
financial officer, chief operating officer, any per- 
son with an ownership interest of more than 20 
percent in the party, any subcontractor listed in 
a bid or contract, and any committee, as defined 
by this Chapter that is sponsored or controlled 
by the party, provided that the provisions of 
Section 1.114 of this Chapter governing aggrega- 
tion of affiliated entity contributions shall apply 
only to the party or prospective party to the 
contract. 

(2) "Contract" means any agreement or con- 
tract, including any amendment or modification 
to an agreement or contract, with the City and 
County of San Francisco, a state agency on 
whose board an appointee of a City elective 
officer serves, the San Francisco Unified School 
District, or the San Francisco Community Col- 
lege District for: 

(A) the rendition of personal services, 

(B) the furnishing of any material, supplies 
or equipment, 

(C) the sale or lease of any land or building, 



or 



(D) a grant, loan or loan guarantee. 



(b) Prohibition. No person who contracts 
with the City and County of San Francisco, a 
state agency on whose board an appointee of a 
City elective officer serves, the San Francisco 
Unified School District or the San Francisco 
Community College District, 

(1) Shall make any contribution to: 

(A) An individual holding a City elective 
office if the contract must be approved by such 
individual, the board on which that individual 
serves or a board on which an appointee of that 
individual serves; 



(B) A candidate for the office held by such 
individual; or 

(C) A committee controlled by such indi- 
vidual or candidate 

(2) Whenever the agreement or contract has 
a total anticipated or actual value of $50,000.00 
or more, or a combination or series of such 
agreements or contracts approved by that same 
individual or board have a value of $50,000.00 or 
more in a fiscal year of the City and County 

(3) At any time from the commencement of 
negotiations for such contract until. 

(A) The termination of negotiations for such 
contract; or 

(B) Six months have elapsed from the date 
the contract is approved 

(c) Notification. 

(1) Prospective Parties to Contracts. Any 
prospective party to a contract with the City and 
County of San Francisco, a state agency on 
whose board an appointee of a City elective 
officer serves, the San Francisco Unified School 
District or the San Francisco Community Col- 
lege District shall inform each person described 
in Subsection (a)(1) of the prohibition in Subsec- 
tion (b) by the commencement of negotiations for 
such contract. 

(2) Individuals Who Hold City Elective 
Office. Every individual who holds a City elec- 
tive office shall, within fiive business days of the 
approval of a contract by the officer, a board on 
which the officer sits or a board of a state agency 
on which an appointee of the officer sits, notify 
the Ethics Commission, on a form adopted by the 
Commission, of each contract approved by the 
individual, the board on which the individual 
serves or the board of a state agency on which an 
appointee of the officer sits. An individual who 
holds a City elective office need not file the form 
required by this subsection if the Clerk or Sec- 
retary of a Board on which the individual serves 
or a Board of a State agency on which an appoin- 
tee of the officer serves has filed the form on 
behalf of the board. (Added by Ord. 71-00, File 
No. 000358, App. 4/28/2000; amended by Propo- 
sition O, 11/7/2000; Ord. 141-03, File No. 030034, 
App. (5/27/2003; Ord. 228-06, File No. 060501, 
App. 9/14/2006) 



Supp. No. 12, November/December 2007 



Sec. 1.126. 



San Francisco - Campaign and Governmental Conduct Code 



18 



(Derivation: Former Administrative Code Sec- 
tion 16.510-2; added by Proposition N, 11/7/95) 

SEC. 1.128. ACCEPTANCE OR 
REJECTION OF VOLUNTARY 
EXPENDITURE CEILINGS. 

(a) All candidates for City elective office 
must fde a statement with the Ethics Commis- 
sion indicating whether they accept or do not 
accept the applicable expenditure ceiling. This 
statement, which is a public document, shall be 
filed no later than the deadline for filing nomi- 
nation papers with the Department of Elections, 
and may not be withdrawn after such deadline. 
The form may not be filed prior to June 1 of an 
election occurring in November or 120 days be- 
fore an election held at any other time, and once 
filed may not be withdrawn. A candidate may not 
accept or reject the applicable expenditure ceil- 
ing under this Section if the applicable expendi- 
ture ceiling has already been lifted under Section 
1.134 of this Chapter. 

The Director of Elections shall cause to be 
published in the Voter Information Pamphlet, on 
the same page as appears the candidate's state- 
ment of qualifi^cations, a notice informing voters 
whether the candidate has accepted the volun- 
tary expenditure ceiling. For candidates who 
have accepted the voluntary expenditure ceiling, 
the notice shall state: "The above candidate has 
accepted the City's voluntary spending limit." 
For candidates who have not accepted the volun- 
tary expenditure ceiling, the notice shall state: 
"The above candidate has NOT accepted the 
City's voluntary spending limit." If a candidate 
was precluded from accepting or rejecting the 
limits because the expenditure ceiling for a par- 
ticular race was lifted under Section 1.134 of this 
Chapter before the candidate filed the statement 
required by this Section, the notice for that 
candidate shall state "The voluntary spending 
limit was lifted before this candidate decided 
whether to accept or not accept the limit." The 
notice shall be printed in the same font size and 
type as the candidate's statement of qualifica- 
tions. Nothing in this subsection shall prevent a 
candidate from participating in a public financ- 
ing program authorized by this Chapter. 



(b) Any candidate who files a statement 
pursuant to this Section accepting the applicable 
expenditure ceiling and makes campaign expen- 
ditures in excess of the expenditure ceiling, at a 
time when the ceiling has not been lifted, is 
subject to the penalties in Section 1.170 for 
violation of this Chapter. (Added by Ord. 71-00, 
File No. 000358, App. 4/28/2000; amended by 
Proposition O, 11/7/2000; Ord. 141-03, File No. 
030034, App. 6/27/2003; Ord. 293-04, File No. 
041396, App. 12/24/2004; Ord. 3-06, File No. 
051439, App. 1/20/2006; Ord. 228-06, File No. 
060501, App. 9/14/2006) 

(Derivation: Former Administrative Code Sec- 
tion 16.510-3; added by Proposition N, 11/7/95) 

SEC. 1.130. AMOUNT OF EXPENDITURE 
CEILINGS. 

(a) Any candidate for Assessor, Public De- 
fender, City Attorney, District Attorney, Trea- 
surer, or Sheriff who agrees to expenditure ceil- 
ings shall not make total qualified campaign 
expenditures exceeding $229,000.00. 

(b) Any candidate for Mayor who agrees to 
expenditure ceilings shall not make total quali- 
fied campaign expenditures exceeding 
$724,000.00. 

(c) Any candidate for the Board of Supervi- 
sors who agrees to expenditure ceilings shall not 
make total qualified campaign expenditures ex- 
ceeding $140,000.00. 

(d) Any candidate for the Board of Educa- 
tion of the San Francisco Unified School District 
or the Governing Board of the San Francisco 
Community College District who agrees to ex- 
penditure ceilings shall not make total qualified 
campaign expenditures exceeding $98,000.00. 

(e) The Ethics Commission is authorized to 
adjust annually the expenditure ceilings im- 
posed by this Section to reflect the change in the 
California Consumer Price Index for that year. 
(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; amended by Ord. 141-03, File No. 
030034, App. 6/27/2003; Ord. 3-06, File No. 051439, 
App. 1/20/2006; Ord. 31-06, File No. 051773, 
App. 2/23/2006; Ord. 228-06, File No. 060501, 
App. 9/14/2006; Ord. 268-07, File No. 071003, 
App. 11/26/2007) 



Supp. No. 12, November/December 2007 



19 



Election Campaigns - Campaign Finance 



Sec. 1.134. 



(Derivation: Former Administrative Code Sec- 
tion 16.510-4; added by Proposition N, 11/7/95) 

SEC. 1.132. RESERVED. 

Editor's Note: 

Orel. 228-06, File No. 060501, approved September 
14, 2006, repealed § 1.132, which pertained to time 
periods for expenditures. (Added by Ord. 71-00, File 
No. 000358, App. 4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 16.510-5; added by Proposition N, 11/7/95; 
repealed by Ord. 228-06, File No. 060501, App. 
9/14/2006) 

SEC. 1.134. EXPENDITURE CEILINGS 
LIFTED. 

This Section shall apply only if at least one 
candidate for the City elective office has filed a 
statement with the Ethics Commission pursuant 
to Section 1.128 indicating acceptance of the 
applicable expenditure limits, and the applicable 
expenditure limit has not already been lifted. 

(a) If a candidate who has filed a statement 
under Section 1.128 declining to accept expendi- 
ture ceilings receives contributions or makes 
qualified campaign expenditures in excess of 100 
percent of the applicable expenditure ceiling, or 
if a person or persons make expenditures or 
payments, or incur expenses for the purpose of 
making independent expenditures, electioneer- 
ing communications or member communications 
in support of or in opposition to a candidate that 
total more than 100 percent of the applicable 
expenditure ceiling, the applicable expenditure 
limit shall no longer be binding on any candidate 
seeking election to the same City elective office. 
This subsection shall not apply to a candidate for 
Mayor or the Board of Supervisors who has been 
certified by the Ethics Commission as eligible to 
receive public funds under this Chapter and is 
therefore subject to an Individual Expenditure 
Ceiling. 

(b) Any candidate who has not accepted the 
voluntary expenditure ceiling and who receives 
contributions, makes expenditures, incurs ex- 
penses or has funds in his campaign trust ac- 
count that exceed 100 percent of the applicable 



expenditure ceiling shall, within 24 hours of 
exceeding 100 percent of the applicable expendi- 
ture ceiling, file a statement with the Ethics 
Commission, on forms to be provided by the 
Ethics Commission, stating that fact and any 
additional information required by the Ethics 
Commission. Within 24 hours after receiving 
such notice, the Ethics Commission shall inform 
every other candidate for that office that the 
expenditure ceiling has been lifted. 

(c) Any person that makes expenditures or 
payments, or incurs expenses for the purpose of 
making independent expenditures, electioneer- 
ing communications or member communications 
in support of or in opposition to any candidate in 
an amount of $5,000.00 or more shall, within 24 
hours of reaching this threshold, file a statement 
with the Ethics Commission, on forms to be 
provided by the Ethics Commission, stating that 
fact and any additional information required by 
the Ethics Commission, Thereafter, until such 
time as the applicable expenditure ceiling is 
lifted, any such person shall file a supplemental 
statement with the Ethics Commission each time 
the committee makes expenditures or payments 
or incurs expenses for the purpose of making 
independent expenditures, electioneering com- 
munications or member communications or in- 
curs expenses in support of or in opposition to 
any candidate of an additional $5,000.00. The 
supplemental statements shall be filed within 24 
hours of reaching these spending thresholds. 
This subsection shall not apply to any expendi- 
tures, pajmients, or expenses incurred for the 
purpose of making independent expenditures, 
electioneering communications or member com- 
munications in support of or in opposition to any 
candidate for Mayor or the Board of Supervisors 
if the Ethics Commission has certified that at 
least one candidate for Mayor or the Board of 
Supervisors is eligible to receive public funds 
under this Chapter. (Added by Ord. 71-00, File 
No. 000358, App. 4/28/2000; amended by Propo- 
sition 0, 11/7/2000; Ord. 141-03, File No. 030034 
App. 6/27/2003; Ord. 71-05, File No. 041489 
App. 4/15/2005; Ord. 75-05, File No. 050624 
App. 4/27/2005; Ord. 3-06, File No. 051439, App 
1/20/2006; Ord. 31-06, File No. 051773, App 
2/23/2006; Ord. 268-07, File No. 071003, App 
11/26/2007) 



Supp. No. 12, November/December 2007 



Sec. 1.134. 



San Francisco - Campaign and Governmental Conduct Code 



20 



(Derivation: Former Administrative Code Sec- 
tion 16.510-6; added by Proposition N, 11/7/95) 

SEC. 1.134.5. LIFTING OF INDIVIDUAL 
EXPENDITURE CEILINGS. 

This Section shall apply only if the Ethics 
Commission has certified that at least one can- 
didate for Mayor or the Board of Supervisors is 
eligible to receive public funds under this Chap- 
ter. 

(a) The Executive Director shall lift the 
Individual Expenditure Ceiling of a candidate 
for Mayor or the Board of Supervisors to an 
amount equal to the highest level of the Total 
Supportive Funds of any other candidate seeking 
election to the same office if such amount is 
greater than $1,375,000.00 for candidates for 
Mayor or greater than $140,000.00 for candi- 
dates for the Board of Supervisors, provided that 
the Executive Director may lift a candidate's 
Individual Expenditure Ceilings only in incre- 
ments of $100,000.00 for candidates for Mayor 
and $10,000.00 for candidates for the Board of 
Supervisors. 

(b) The Executive Director shall lift the 
Individual Expenditure Ceiling of a candidate 
for Mayor or the Board of Supervisors by an 
amount equal to the Total Opposition Spending 
of any other candidate seeking election to the 
same office if such amount is greater than 
$1,375,000.00 for candidates for Mayor or greater 
than $140,000.00 for candidates for the Board of 
Supervisors, provided that the Executive Direc- 
tor may lift a candidate's Individual Expenditure 
Ceiling only in increments of $100,000.00 for 
candidates for Mayor and $10,000.00 for candi- 
dates for the Board of Supervisors. 

(c) On the fourth business day after a state- 
ment is filed pursuant to Section 1.152 (a)(3) and 
(b)(3) of this Chapter, the Executive Director 
shall determine whether to lift the Individual 
Expenditure Ceilings of each candidate for Mayor 
or the Board of Supervisors pursuant to Subsec- 
tions (a) and (b) of this Section based on the 
information in the statement unless pursuant to 
Subsection (d) a candidate for Mayor or the 
Board of Supervisors requests that the Executive 



Director make a determination regarding which 
candidate or candidates the communication filed 
with the statement supports or opposes or whether 
the communication is neutral. 

(d) Any candidate for Mayor or the Board of 
Supervisors may request that the Executive Di- 
rector review the original or copy of a communi- 
cation filed pursuant to Section 1.152(b)(3) of 
this Chapter to make an independent determi- 
nation regarding which candidate or candidates 
for Mayor or the Board of Supervisors the com- 
munication actually supports or opposes or 
whether the communication is neutral. Such 
requests must be filed with the Executive Direc- 
tor within three business days from the date the 
original or copy of the communication is filed. 
Factors the Executive Director shall use to de- 
termine whether the communication supports or 
opposes one or more candidates include the fol- 
lowing: 

(1) The communication clearly identifies one 
or more candidates; 

(2) The timing of the communication coin- 
cides with the campaign; 

(3) The communication targets voters in a 
particular election; 

(4) The communication identifies one or more 
candidate's position on a public policy issue and 
urges the reader or viewer to take action, includ- 
ing calling the candidate to support or oppose the 
candidate's position; 

(5) The position of one or more candidates 
on the public policy issue has been raised as 
distinguishing these candidates from others in 
the campaign, either in the communication itself 
or in other public communications; 

(6) The communication is not part of an 
ongoing series of substantially similar advocacy 
communications by the organization on the same 
issue; and 

(7) Any other factors the Executive Director 
deems relevant. 

Within three business days of the date the 
request for a determination is received, the Ex- 
ecutive Director shall make his or her initial 
determination. 



Supp. No. 12, November/December 2007 



21 



Election Campaigns - Campaign Finance 



Sec. 1.138. 



Within one business day of the date that the 
Executive Director makes an initial determina- 
tion, any candidate for Mayor or the Board of 
Supervisors may submit to the Executive Direc- 
tor a request that the Ethics Commission review 
the Executive Director's initial determination. 

Within one business day of receiving the 
request, the Executive Director shall notify each 
Commissioner of the candidate's request. 

If within one business day of the Executive 
Director's notice, two or more members of the 
Commission inform the Executive Director that 
they would like to review the initial determina- 
tion, the Executive Director shall schedule a 
meeting of the Commission on a date that occurs 
within one week of the Commissioners' requests. 
If three members of the Commission vote to 
overrule the Executive Director's initial determi- 
nation, the Commission shall make a final deter- 
mination based on the factors set forth above. 

If no candidate requests review of the Execu- 
tive Director's initial determination, if a request 
is made and two or more members of the Com- 
mission do not request to review the initial 
determination, or within one week of two mem- 
bers of the Commission requesting to review the 
initial determination, at least three members of 
the Commission do not vote to overrule the 
Executive Director's initial determination, the 
Executive Director's determination shall become 
final. 

The Executive Director shall determine 
whether to lift the Individual Expenditure Ceil- 
ings of each candidate for Mayor or the Board of 
Supervisors pursuant to Subsections (a) and (b) 
of this Section within one business day of a final 
determination. (Added by Ord. 31-06, File No. 
051773, App. 2/23/2006; Ord. 268-07, File No. 
071003, App. 11/26/2007) 

SEC. 1.135. SUPPLEMENTAL 
REPORTING. 

(a) Supplemental Preelection State- 
ments. In addition to the campaign disclosure 
requirements imposed by the California Political 
Reform Act and other provisions of this Chapter, 
all San Francisco general purpose committees 



shall file preelection statements before any elec- 
tion held in the City and County of San Francisco 
at which a candidate for City elective office or 
City measure is on the ballot, if the committee 
makes contributions or expenditures totaling 
five hundred dollars ($500.00) or more during 
the period covered by the preelection statement. 

(b) Time for Filing Supplemental Pre- 
election Statements. Preelection statements 
required by this Section shall be filed as follows: 

(1) For the period ending 45 days before the 
election, the statement shall be filed no later 
than 40 days before the election; 

(2) For the period ending 17 days before the 
election, the statement shall be filed no later 
than 12 days before the election. 

(c) The Ethics Commission may require that 
these statements be filed electronically. (Added 
by Ord. 141-03, File No. 030034, App. 6/27/2003; 
Ord. 228-06, File No. 060501, App. 9/14/2006) 

SEC. 1.136. PUBLIC FINANCING OF 
ELECTION CAMPAIGNS. 

Candidates for the Board of Supervisors or 
Mayor who are certified by the Ethics Commis- 
sion as eligible to receive public financing of 
their election campaigns, and who comply with 
the applicable conditions and restrictions speci- 
fied in Section 1.140 of this Chapter, may receive 
public funds as provided in this Chapter to 
defray the costs of their election campaigns. 
(Added by Proposition O, 11/7/2000; amended by 
Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 
268-07, File No. 071003, App. 11/26/2007) 

SEC. 1.138. ELECTION CAMPAIGN 
FUND; APPROPRIATION OF FUNDS. 

(a) ESTABLISHMENT OF ELECTION 
CAMPAIGN FUND. There is hereby established 
a special fund of the City and County of San 
Francisco called the Election Campaign Fund. 
All money deposited in the Fund is hereby ap- 
propriated for use as specified in this Chapter 
and the implementing regulations. 

(b) APPROPRIATION TO ELECTION CAM- 
PAIGN FUND. Except as provided in Subsec- 
tions (b)(3) and (b)(4), each fiscal year the City 



Supp. No. 12, November/December 2007 



Sec. 1.138. 



San Francisco - Campaign and Governmental Conduct Code 



22 



and County of San Francisco shall appropriate 
$2.75 per resident of the City and County of San 
Francisco to the Election Campaign Fund to 
provide funding for election campaigns as autho- 
rized by this Chapter for all candidates for Mayor 
or the Board of Supervisors who may be eligible 
to receive such funds. At the request of the 
Ethics Commission, the Controller shall esti- 
mate the number of residents of the City and 
County of San Francisco for purposes of this 
subsection. 

(1) Any funds in the Election Campaign 
Fund not used in one election shall be carried 
over for use in the following election, provided 
that at no time shall the total amount in the 
Election Campaign Fund exceed $13.5 million. 
Any funds in the Election Campaign Fund in 
excess of $13.5 million shall be returned to the 
General Fund. 

(2) Funds necessary for the Ethics Commis- 
sion to administer the public financing program 
for candidates for Mayor or the Board of Super- 
visors authorized under Section 1.136 of this 
Chapter shall be taken from the Election Cam- 
paign B"'und. The Commission's administrative 
expenses for such public financing program for 
any election shall not exceed 15% of the total 
amount of funds in the Election Campaign Fund 
for that election. 

(3) If the Office of Mayor becomes vacant 
and an election is held to fill the vacancy for the 
remainder of the term, the City and County of 
San Francisco shall appropriate additional funds 
to the Election Campaign Fund in an amount 
that ensures that at least $8.00 per resident is 
available in the Election Campaign Fund for 
that election and the next regularly scheduled 
Mayoral election. 

(4) If an office of a member of the Board of 
Supervisors becomes vacant and an election is 
held to fill the vacancy for the remainder of the 
term, the City and County of San Francisco shall 
appropriate an additional $0.25 per resident to 
the Election Campaign Fund for that election. 
These additional funds shall not be subject to the 
limit in Subsection (b)(1) of this Section. Any 
funds appropriated pursuant to this subsection 



that are not used for the election to fill the 
vacancy shall be returned to the General Fund. 
(Added by Proposition O, 11/7/2000; amended by 
Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 
268-07, File No. 071003, App. 11/26/2007) 

Sec. 1.138.5. RESERVED. 

Editor's note: 

Ord. 268-07, File No. 071993, Approved No- 
vember 26, 2007, repealed § 1.138.5, which per- 
tained to Mayoral Election Campaign Fund; ap- 
propriation of Funds. (Added by Ord. 31-06, File 
No. 051773, App. 2/23/2006; Ord. 268-07, File 
No. 071003, App. 11/26/2007) 

SEC. 1.140. ELIGIBILITY TO RECEIVE 
PUBLIC FINANCING. 

(a) REQUIREMENTS FOR ALL CANDI- 
DATES. To be eligible to receive public financing 
of campaign expenses under this Chapter, all 
candidates must: 

(1) Have filed a statement indicating that 
he or she intends to participate in the public 
financing program under Section 1.142 of this 
Chapter. 

(2) Agree to the following conditions: 

(A) The candidate bears the burden of pro- 
viding that each contribution the candidate re- 
lies upon to establish eligibility is a qualifying 
contribution; 

(B) The candidate bears the burden of prov- 
ing that expenditures made with public funds 
provided under this Chapter comply with Sec- 
tion 1.148 of this Chapter; 

(C) The candidate will not make any pay- 
ments to a contractor or vendor in return for the 
contractor or vendor making a campaign contri- 
bution to the candidate or make more than a 
total of 50 payments, other than the return of a 
contribution, to contractors or vendor that have 
made contributions to the candidate; 

(D) Notwithstanding Sections 1.114 and 
1.116, the candidate shall not loan or donate 
more than $5,000.00 of his or her own money to 
the campaign; 



Supp. No. 12, November/December 2007 



23 



Election Campaigns - Campaign Finance 



Sec. 1.140. 



(E) The candidate shall not accept any loans 
to his or her campaign with the exception of a 
candidate's loan to his or her own campaign as 
permitted by this Section; and 

(F) The candidate shall agree to participate 
in at least three (3) debates with the candidate's 
opponents. 

(3) Have paid any outstanding late fines or 
penalties, owed to the City by the candidate or 
any of the candidate's previous campaign com- 
mittees, which were imposed for violations of 
Chapters 1 though 5 of this Article, the campaign 
finance provisions of the California Political Re- 
form Act (Government Code Sections 84100 — 
85704), Chapter 1 of Article II of this Code or 
Chapters 1 or 2 of Article III of this Code, 
provided that the Ethics Commission had noti- 
fied the candidate of such fines or penalties by 
the time of certification. 

(4) Have filed any outstanding forms, owed 
to the City by the candidate or any of the 
candidate's previous campaign committees, which 
were required to be filed pursuant to Chapters 1 
through 5 of this Article, the campaign finance 
provisions of the Political Reform Act (Govern- 
ment Code Sections 84100—85704), or Chapter 
1, Article III of this Code, provided that the 
Ethics Commission had notified the candidate of 
such outstanding forms by the time of certifica- 
tion. 

(5) Have no finding by a court within the 
prior five years that the candidate knowingly, 
willfully, or intentionally violated Chapters 1 
through 4 of this Article or the campaign finance 
provisions of this California Political Reform Act 
(Government Code Sections 84100—85704). For 
purposes of this Section, a plea of nolo conten- 
dere shall be treated the same as a finding by a 
court of a willful violation. 

(b) ADDITIONAL REQUIREMENTS FOR 
CANDIDATES FOR THE BOARD OF SUPER- 
VISORS. To be eligible to receive public financ- 
ing of campaign expenses under this Chapter, a 
candidate for the Board of Supervisors must: 

(1) Be seeking election to the Board of Su- 
pervisors and be eligible to hold the office sought; 



(2) Have received at least $5,000.00 in quali- 
fying contributions from at least 75 contributors 
before the 70th day before the election; 

(3) Be opposed by another candidate who 
has either established eligibility to receive public 
financing, or received contributions or made ex- 
penditures which in the aggregate equal or ex- 
ceed $5,000.00; and 

(4) Agree that the candidate will not spend 
on the candidate's carapaign more than the 
candidate's Individual Expenditure Ceiling of 
$140,000.00, or as adjusted under Section 1.134.5 
of this Chapter. 

(c) ADDITIONAL REQUIREMENTS FOR 
CANDIDATES FOR M.\YOR. To be eligible to 
receive public financing of campaign expenses 
under this Chapter, a candidate for Mayor must: 

(1) Be seeking election to the office of Mayor 
and be eligible to hold the office sought; 

(2) Have received at least $25,000.00 in 
qualifying contributions from at least 250 con- 
tributors by the 70th day before the election. 

(3) Be opposed by another candidate who 
has either established eligibility to receive public 
financing, or received contributions or made ex- 
penditures that in the aggregate equal or exceed 
$50,000.00; and 

(4) Agree that the candidate will not spend 
on the candidate's campaign more than the 
candidate's Individual Expenditure Ceiling of 
$1,375,000.00, or as adjusted under Section 1.134.5 
of this Chapter. 

(d) ADJUSTMENT OF EXPENDITURE 
LIMITS AND THRESHOLDS. Whenever the 
Ethics Commission pursuant to Section 1.130 
adjusts the voluntary expenditure ceilings to 
reflect changes in the California Consumer Price 
Index, the Commission is authorized to adjust: 

(1) The figures in Subsections (b)(4) and 
(c)(4) to match the adjusted voluntary expendi- 
ture ceilings in Section 1.130; 

(2) The figure in Subsection (a)(2)(D) of this 
Section to reflect changes in the California Con- 
sumer Price Index, provided that such adjust- 
ments shall be rounded off to the nearest 
$1,000.00; 



Supp. No. 12, November/December 2007 



Sec. 1.140. 



San Francisco - Campaign and Governmental Conduct Code 



24 



(3) The figures in Subsections (b)(2) and 
(b)(3) of this Section to reflect changes in the 
Cahfomia Consumer Price Index, provided that 
such adjustments shall be rounded off" to the 
nearest $500.00; 

(4) The figures in Subsections (c)(2) and 
(c)(3) of this Section to reflect changes in the 
California Consumer Price Index, provided that 
such adjustments shall be rounded ofl" to the 
nearest $5,000.00; and 

(5) The maximum amount of a contribution 
that constitutes a qualifying contribution pursu- 
ant to Section 1.104 to reflect changes in the 
California Consumer Price Index, provided that 
such adjustments shall be rounded off" to the 
nearest $10.00. (Added by Proposition O, 11/7/ 
2000; amended by Ord. 141-03, File No. 030034, 
App. 6/27/2003; Ord. 236-05, File No. 051033, 
App. 10/7/2005; Ord. 31-06, File No. 051773, 
App. 2/23/2006; Ord. 268-07, File No. 071003, 
App. 11/26/2007) 

SEC. 1.140.5. RESERVED. 

Editor's Note: 

Ord. 268-07, File No. 071003, Approved November 
26, 2007, repealed § 1.140.5, which pertained to 
eligibility to receive public financing — Candidates for 
Mayor (Added by Ord. 31-06, File No. 051773, App. 
2/23/2006; Ord. 268-07, File No. 071003, App. 1 1/26/ 
2007) 

SEC. 1.142. PROCESS FOR 
ESTABLISHING ELIGIBILITY; 
CERTIFICATION BY THE ETHICS 
COMMISSION. 

(a) STATEMENT OF PARTICIPATION OR 
NON-PARTICIPATION. Each candidate for the 
Board of Supervisors or Mayor must sign and 
verify under penalty of perjury a Statement of 
Participation or Non-Participation in the public 
financing program. The statement must be filed 
by the candidate with the Ethics Commission no 
later than the deadline for filing nomination 
papers. On the statement, each candidate shall 
indicate whether he or she intends to participate 
in the public financing program. A statement of 
participation or non-participation may not be 



amended after the deadline for filing nomination 
papers, provided that, prior to December 31, 
2007, any candidate for the Board of Supervisors 
who has filed a Statement of Non-Participation 
may retract that Statement and file a Statement 
of Participation in the public financing program. 

(b) DECLARATION BY CANDIDATE. To 
become eligible to receive public financing of 
campaign expenses under this Chapter, a candi- 
date shall declare, under penalty of perjury, that 
the candidate satisfies the requirements speci- 
fied in Section 1.140. Candidates shall be per- 
mitted to submit the declaration and any sup- 
porting material required by the Ethics 
Commission to the Ethics Commission starting 
nine (9) months before the date of the election, 
but no later than the 70th day before the elec- 
tion. Once the declaration and supporting mate- 
rial are submitted, they may not be amended. 
The declaration and supporting material may be 
withdrawn and refiled, provided that the refiling 
is made no later than the 70th day before the 
election. 

If any deadline imposed by this Subsection 
falls on a Saturday, Sunday, or legal holiday, the 
deadline shall be the next business day. 

(c) DETERMINATION OF ELIGIBILITY. 

The Executive Director of the Ethics Commis- 
sion shall review the candidate's declaration and 
supporting material to determine whether the 
candidate is eligible to receive public funds un- 
der this Chapter. The Executive Director may 
audit the candidate's records, interview contribu- 
tors and take whatever steps the Executive Di- 
rector deems necessary to determine eligibility. 
At the request of the Executive Director, the 
Controller shall assist in this review process. 

(d) DETERMINATION OF OPPOSITION. 

To determine whether a candidate for the Board 
of Supervisors is opposed as required under 
Section 1.140(b)(3) of this Chapter or a candidate 
for Mayor is opposed as required under Section 
1.140(c)(3) of this Chapter, the Executive Direc- 
tor shall review the material filed pursuant to 
Section 1.152 of this Chapter, and may review 
any other material. 



Supp. No. 12, November/December 2007 



25 



Election Campaigns - Campaign Finance 



Sec. 1.144. 



(e) CERTIFICATION. If the Executive Di- 
rector determines that a candidate for Mayor or 
the Board of Supervisors has satisfied the re- 
quirements of Section 1.140, the Executive Di- 
rector shall notify the candidate and certify to 
the Controller that the candidate is eligible to 
receive public financing under this Chapter. The 
Executive Director shall not certify that a candi- 
date is eligible to receive public financing if the 
candidate's declaration or supporting material is 
incomplete or otherwise inadequate to establish 
eligibility. The Executive Director shall deter- 
mine whether to certify a candidate no later than 
30 days after the date the candidate submits his 
or her declaration and supporting material, pro- 
vided that the Executive Director shall make all 
determinations regarding whether to certify a 
candidate no later than the 55th day before the 
election. 

(f) RESUBMISSION. If the Executive Di- 
rector declines to certify that a candidate is 
eligible to receive public financing under this 
Chapter, the Executive Director shall notify the 
candidate. Notwithstanding Section 1.142(b) of 
this Chapter, the candidate may, within five 
business days of the date of notification, resub- 
mit the declaration and supporting material. If 
the candidate does not timely resubmit, the 
Executive Director's determination is final. 

If, after viewing resubmitted material, the 
Executive Director declines to certify that a 
candidate is eligible to receive public financing 
under this Chapter, the Executive Director shall 
notify the candidate of this fact. Additional re- 
submissions may be permitted in the Executive 
Director's discretion. If the candidate fails to 
resubmit in the time specified by the Executive 
Director, or if no further resubmissions are per- 
mitted, the Executive Director's determination is 
final. 

(g) APPEAL TO THE ETHICS COMMIS- 
SION. If, the Executive Director declines to 
certify that a candidate is eligible to receive 
public financing under this Chapter, the candi- 
date may appeal the Executive Director's final 
determination to the Ethics Commission. The 
candidate must deliver the written appeal to the 



Ethics Commission within five days of the date 
of notification of the Executive Director's deter- 
mination. (Added by Proposition O, 11/7/2000; 
amended by Ord. 141-03, File No. 030034, App. 
6/27/2003; Ord. 31-06, File No. 051773, App. 
2/23/2006; Ord. 268-07, File No. 071003, App. 
11/26/2007) 

SEC. 1.144. DISBURSEMENT OF 
PUBLIC FUNDS— CANDIDATES FOR THE 
BOARD OF SUPERVISORS. 

(a) PAYMENT BY CONTROLLER. Upon 
certifying that a candidate is eligible to receive 
public financing under this Chapter, the Execu- 
tive Director shall forward the certification to 
the Controller, and the Controller shall disburse 
payments to the candidate from the Election 
Campaign Fund in accordance with the certifi- 
cation and this Section. 

(b) TIME OF PAYMENTS. The Controller 
shall not make any payments under this Chap- 
ter to any candidate more than nine (9) months 
before the date of the election. Payments from 
the Controller shall be disbursed to eligible can- 
didates within 48 hours of the Controller receiv- 
ing notification from the Ethics Commission re- 
garding the amount of the disbursement, except 
that within 60 calendar days before the election, 
such payments shall be made within 24 hours. 

(c) PAYMENTS FOR ELECTION EX- 
PENSES TO CANDIDATES FOR MAYOR. 

(1) Until the Per Candidate Available Dis- 
bursement Limit has been determined, candi- 
dates for Mayor who have been certified by the 
Ethics Commission as eligible to receive public 
financing for their election campaigns will have 
access to up to $850,000.00 in funds from the 
Election Campaign Fund on a first come, first 
served basis according to the formula set forth in 
Subsection (c)(3) of this Section. 

(2) Once the Per Candidate Available Dis- 
bursement Limit has been determined, candi- 
dates for Mayor who have been certified by the 
Ethics Commission as eligible to receive public 



Supp. No. 12, November/December 2007 



Sec. 1.144. 



San Francisco - Campaign and Governmental Conduct Code 



26 



financing for their election campaigns shall have 
access to funds from the Election Campaign 
Fund as follows: 

(A) If the Executive Director determines 
that the Per Candidate Available Disbursement 
Limit is greater than $850,000.00, each partici- 
pating candidate shall have access to the amount 
of the Per Candidate Disbursement, subject to 
the limitations set forth under Subsection (c)(3)(D) 
and (c)(3)(E) of this Section. 

(B) If the Executive Director determines 
the Per Candidate Available Disbursement Limit 
is less than or equal to $850,000.00, participat- 
ing candidates shall have access to funds from 
the Election Campaign Fund on a first come, 
first served basis up to a maximum per candi- 
date of $850,000.00. 

(3) A candidate for Mayor who is certified as 
eligible to receive public financing under this 
Chapter shall receive pajnnents for eligible match- 
ing contributions according to the following for- 
mula: 

(A) Upon qualification the candidate shall 
receive a one-time payment of $50,000.00 from 
the Election Campaign Fund. 

(B) After the initial payment under Subsec- 
tion (c)(3)(A), for the first $100,000.00 in match- 
ing contributions raised by the candidate, the 
candidate shall receive four dollars from the 
Election Campaign Fund for each dollar raised. 

(C) After the pajrments under Subsection 
(c)(3)(B), for the next $400,000.00 in matching 
contributions raised by the candidate, the candi- 
date shall receive one dollars from the Election 
Campaign Fund for each dollar raised. 

(D) The maximum amount of public funds a 
mayoral candidate may receive is $850,000.00, 
unless the candidate's Individual Expenditure 
Ceiling is lifted according to the rules set forth 
under Section 1.134.5. The amount of public 
funds paid under this Section shall not be af- 
fected by the lifting of expenditure limits under 
Section 1.134. 

(E) If the Per Candidate Available Disburse- 
ment Limit has been determined to be an amount 
greater than $850,000.00, a candidate who has 
already received at least $850,000.00 in disburse- 



ments from the City shall continue to be eligible 
to receive public funds from the City at the rate 
of one dollar for each dollar of a matching con- 
tribution raised up to the Per Candidate Dis- 
bursement Limit, provided that no funds shall be 
disbursed if disbursement of the funds would 
result in the candidate exceeding his or her Trust 
Account Limit. 

(d) PAYMENTS FOR ELECTION EX- 
PENSES TO CANDIDATES FOR THE BOARD 
OF SUPERVISORS. 

(1) Until the Per Candidate Available Dis- 
bursement Limit has been determined, candi- 
dates for the Board of Supervisors who have 
been certified by the Ethics Commission as eli- 
gible to receive public financing for their election 
campaigns will have access to up to $87,500.00 
in funds from the Mayoral Election Campaign 
Fund on a first come, first served basis according 
to the formula set forth in Subsection (d)(3) of 
this Section. 

(2) Once the Per Candidate Available Dis- 
bursement Limit has been determined, candi- 
dates for the Board of Supervisors who have 
been certified by the Ethics Commission as eli- 
gible to receive public financing for their election 
campaigns shall have access to funds from the 
Election Campaign Fund as follows: 

(A) If the Executive Director determines 
that the Per Candidate Available Disbursement 
Limit is greater than $87,500.00, each partici- 
pating candidate shall have access to the amount 
of the Per Candidate Disbursement, subject to 
the limitations set forth under Subsection (d)(3)(D) 
and (d)(3)(E) of this Section. 

(B) If the Executive Director determines 
the Per Candidate Available Disbursement Limit 
is less than or equal to $87,500.00, participating 
candidates shall have access to funds from the 
Election Campaign Fund on a first come, first 
served basis up to a maximum per candidate of 
$87,500.00. 



Supp. No. 12, November/December 2007 



27 



Election Campaigns - Campaign Finance 



Sec. 1.144. 



(3) A candidate for the Board of Supervisors 
who is certified as ehgible to receive pubhc 
financing under this Chapter shall receive pay- 
ments for eligible matching contributions accord- 
ing to the following formula: 

(A) Upon qualification the candidate shall 
receive a one-time pa3rment of $10,000.00 from 
the Election Campaign Fund. 

(B) After the initial payment under Subsec- 
tion (d)(3)(A), for the first $10,000.00 in match- 
ing contributions raised by the candidate, the 
candidate shall receive four dollars from the 
Election Campaign Fund for each dollar raised. 

(C) After the payments under Subsection 
(d)(3)(B), for the next $37,500.00 in matching 
contributions raised by the candidate, the candi- 
date shall receive one dollar from the Election 
Campaign Fund for each dollar raised. 

(D) The maximum amount of public funds a 
candidate for the Board of Supervisors may 
receive is $87,500.00, unless the candidate's In- 
dividual Expenditure Ceiling is lifted according 
to the rules set forth under Section 1.134.5. The 
amount of public funds paid under this Section 
shall not be affected by the lifting of expenditure 
limits under Section 1.134. 

(E) If the Per Candidate Available Disburse- 
ment Limit has been determined to be an amount 
greater than $87,500.00, a candidate who has 
already received at least $87,500.00 in disburse- 
ments from the City shall continue to be eligible 
to receive public funds from the City at the rate 
of one dollar for each dollar of a matching con- 
tribution raised up to the Per Candidate Dis- 
bursement Limit, provided that no funds shall be 
disbursed if disbursement of the funds would 
result in the candidate exceeding his or her Trust 
Account Limit. 

(e) PER CANDIDATE AVAILABLE DIS- 
BURSEMENT LIMIT. On the 59th day before 
the election, the Executive Director shall divide 
the total amount of non-administrative funds in 
the Election Campaign Fund by the number of 
qualified candidates. This number shall be deemed 
the Per Candidate Available Disbursement Limit. 
For the purposes of this section, the total amount 
of non-administrative funds in the Election Cam- 



paign Fund shall be the total amount of funds 
that existed in the Fund nine months before the 
date of election plus any funds deposited into the 
Fund between that date and the 59th day before 
the election minus any funds necessary to cover 
the administrative costs associated with imple- 
menting the public financing program for the 
next election. 

If there are candidates who have submitted a 
Declaration of Qualification but whose eligibility 
has not been determined as of the 59th day 
before the election, the Executive Director shall 
assume that they are qualified for the purposes 
of determining the Per Candidate Available Dis- 
bursement Limit. The Per Candidate Available 
Disbursement Limit shall be revised upward 
according to the formula above if and when it is 
determined that the candidate or candidates in 
question did not qualify to receive public financ- 
ing. 

Immediately upon calculating the Per Candi- 
date Available Disbursement Limit, the Execu- 
tive Director shall inform the Controller of the 
initial determination of the Per Candidate Avail- 
able Disbursement Limit. Thereafter, the Execu- 
tive Director shall immediately inform the Con- 
troller of any subsequent changes in the Per 
Candidate Available Disbursement Limit due to 
a determination that a candidate has not quali- 
fied to receive public financing. 

(f) SUBMISSION OF CLAIMS FOR PUB- 
LIC FOUNDS. The Ethics Commission shall de- 
termine the information needed to submit a 
claim for payment of public funds. The Executive 
Director shall certify each request for payment of 
public funds within four business days of the 
request, except that within 14 calendar days 
before the election, when the certification of a 
request for public funds shall be made within 
two business days of the request. For candidates 
for Mayor, any submission of a claim for public 
funds must include a minimum of $5,000.00 of 
matching contributions; provided that in the 14 
calendar days preceding an election, a claim 
must include a minimum of $1,000.00 of match- 
ing contributions. For candidates for the Board 
of Supervisors, any submission of a claiin for 



Supp. No. 12, November/December 2007 



Sec. 1.144. 



San Francisco - Campaign and Governmental Conduct Code 



28 



public funds must include a minimum of $500.00 
of matching contributions; provided that in the 
14 calendar days preceding an election, a claim 
must include a minimum of $100.00 of matching 
contributions. All claims for public funds must be 
submitted no later than 5:00 p.m. on the 30th 
day following the date of the election. 

(g) DEPOSIT IN CAMPAIGN CONTRIBU- 
TION TRUST ACCOUNT Candidates must de- 
posit all pajnnents received from the Election 
Campaign Fund in the candidate's Campaign 
Contribution Trust Account. (Added by Proposi- 
tion O, 11/7/2000; amended by Ord. 141-03, File 
No. 030034, App. 6/27/2003; Ord. 3-06, File No. 
051439, App. 1/20/2006; Ord. 31-06, File No. 
051773, App. 2/23/2006; Ord. 268-07, File No. 
071003, App. 11/26/2007) 

Sec. 1.144.5. Reserved. 

Editor's Note: 

Ord. 268-07, File No. 071003, Approved November 
26, 2007, repealed § 1.144.5, which pertained to 
disbursement of public funds — Candidates for Mayor 
(Added by Ord. 31-06, File No. 051773, App. 2/23/ 
2006; Ord. 268-07, File No. 071003, App. 11/26/2007) 

SEC. 1.146. TERMINATION OF 
PAYMENTS. 

The Controller shall terminate all payments 
to a candidate who is otherwise eligible to re- 
ceive public financing if the candidate: 

(a) Withdraws or fails to qualify to have his 
or her name printed on the ballot for the election 
for which the candidate applied for public financ- 
ing; 

(b) Fails to comply with the conditions speci- 
fied in Section 1.140 of this Chapter; or 

(c) Knowingly or willfully fails to comply 
with any of the reporting requirements imposed 
by this Chapter or the Political Reform Act, 
California Government Code Section 81000, et 
seq. (Added by Ord. 31-06, File No. 051773, App. 
2/23/2006)(Former Sec. 1. 146 was added by Propo- 
sition O, 11/7/2000; repealed by Ord. 141-03, File 
No. 030034, App. 6/27/2003; Ord. 268-07, File 
No. 071003, App. 11/26/2007) 



SEC. 1.148. RESTRICTIONS ON USE OF 
PUBLIC FUNDS; UNEXPENDED PUBLIC 
FUNDS. 

(a) USE FOR QUALIFIED CAMPAIGN EX- 
PENDITURES ONLY. Candidates who receive 
public financing may use the public funds solely 
to pay for qualified campaign expenditures, as 
defined by Section 1.104 of this Chapter, and to 
repay loans used to pay for qualified campaign 
expenditures except that public funds may be 
used to pay filing fees and costs incurred after 
the election that do not directly affect the out- 
come of the election, including but not limited to 
utility bills, expenses associated with an audit, 
and expenses related to preparing post-election 
campaign finance disclosure reports as required 
by the California Political Reform Act, Govern- 
ment Code Section 81000, et seq., and the provi- 
sions of this Chapter. Candidates may not use 
public funds to pay for expenses incurred in 
connection with an administrative or judicial 
proceeding. Candidates may not use public funds 
to pay administrative, civil or criminal fines, 
including late filing fines, or to pay for inaugural 
activities or officeholder expenses. Candidates 
may not use public funds to pay post-election 
bonuses to campaign employees or for election 
victory celebrations or similar post-election cam- 
paign events. 

(b) PURCHASE OF EQUIPMENT. Any 
equipment purchased by a candidate with public 
funds provided under this Chapter that has a 
useful life beyond the election campaign for 
which the funds were provided, and a fair mar- 
ket value exceeding $100.00, becomes City and 
County property on the day following the date 
the candidate is elected or not elected to office. 

(c) WITHDRAWAL OR FAILURE TO 
QUALIFY. Any candidate who receives public 
financing but who withdraws or fails to qualify 
to have his or her name printed on the ballot in 
the election for which the public funds were 
provided shall repay the Election Campaign Fund 
the full sum received from the Fund. 

(d) UNEXPENDED PUBLIC FUNDS. 

(i) General. Any candidate who receives 
public financing and who has unexpended public 
funds shall pay to the City and County of San 



Supp. No. 12, November/December 2007 



29 



Election Campaigns - Campaign Finance 



Sec. 1.152. 



Francisco and deliver to the Ethics Commission 
those funds for deposit in the Election Campaign 
Fund no later than 30 days after the Ethics 
Commission completes its audit of the candidate. 
Unexpended funds may be used to pay for ex- 
penses associated with an audit such as bank 
fees, treasurer fees and storage fees until the 
Ethics Commission completes its audit of the 
candidate. 

(ii) Definition. For purposes of this Sec- 
tion, unexpended public funds shall mean all 
funds remaining in the candidate's account on 
the 30th day after the candidate is elected or not 
elected to office, regardless of the source of the 
funds, but shall not exceed the amount of public 
funds provided to the candidate. Funds raised 
after this date do not constitute unexpended 
funds and may be used for any lawful purpose. 
(Added by Proposition O, 11/7/2000; amended by 
Ord. 141-03, File No. 030034, App. 6/27/2003; 
Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 
228-06, File No. 060501, App. 9/14/2006; Ord. 
268-07, File No. 071003, App. 11/26/2007) 

SEC. 1.150. AUDIT; REPAYMENT. 

(a) AUDIT. The Ethics Commission shall 
audit all candidates who receive public financing 
under this Chapter. Audits of candidates con- 
ducted under this Subsection shall begin within 
60 days after the date the candidates' first post- 
election campaign disclosure report is required 
to be filed pursuant to Section 1.106 of this 
Chapter. At the request of the Executive Direc- 
tor, the Controller shall assist in conducting 
these audits. 

(b) REPAYMENT. 

(1) If the Ethics Commission determines 
that any portion of the payments made to a 
candidate from the Election Campaign Fund 
exceeded the aggregate amount of payments to 
which the candidate was entitled under this 
Chapter, the Commission shall notify the Con- 
troller and the candidate. In addition to any 
other penalties, the candidate shall pay to the 
City and County of San Francisco, and deliver to 
the Ethics Commission an amount equal to the 
amount of the excess payments, and if the Com- 



mission determines that any amount of any 
payment made to a candidate from the Election 
Campaign Fund was used for something other 
than qualified campaign expenditures, the can- 
didate shall pay to the Ethics Commission an 
amount equal to the improper expenditure. 

(2) Any candidate who receives public funds 
under this Chapter and exceeds his or her Indi- 
vidual Expenditure Ceiling by ten percent or 
more shall, in addition to any other penalties, 
pay to the Ethics Commission an amount equal 
to the amount of public funds the candidate 
received under this Chapter. 

(3) All payments delivered to the Ethics 
Commission under this Section shall be depos- 
ited in the Election Campaign Fund. (Added by 
Proposition O, 11/7/2000; amended by Ord. 141- 
03, File No. 030034, App. 6/27/2003; Ord. 31-06, 
File No. 051773, App. 2/23/2006; Ord. 228-06, 
File No. 060501, App. 9/14/2006; Ord. 268-07, 
File No. 071003, App. 11/26/2007) 

SEC. 1.152. SUPPLEMENTAL 
REPORTING IN ELECTIONS FOR BOARD 
OF SUPERVISORS AND MAYOR. 

(a) ELECTIONS FOR THE BOARD OF SU- 
PER\1S0RS. 

(1) In addition to the campaign disclosure 
requirements imposed by the California Political 
Reform Act and other provisions of this Chapter, 
each candidate for the Board of Supervisors shall 
file a statement with the Ethics Commission 
indicating when the candidate has received con- 
tributions, made expenditures or has funds in 
his or her Campaign Contribution Trust Account 
that in the aggregate equal or exceed $5,000.00 
within 24 hours of reaching or exceeding that 
amount. 

(2) In addition to the supplemental report 
in Subsection (a)(1) of this Section, each candi- 
date for the Board of Supervisors shall file a 
statement with the Ethics Commission disclos- 
ing when the candidate has received contribu- 
tions, made expenditures or has funds in his or 
her Campaign Contribution Trust Account that 
in the aggregate equal or exceed $100,000.00. 
The candidate shall file this report within 24 



Supp. No. 12, November/December 2007 



Sec. 1.152. 



San Francisco ■■ Campaign and Governmental Conduct Code 



30 



hours of reaching or exceeding the threshold. 
Thereafter, the candidate shall file an additional 
supplemental report within 24 hours of every 
time the candidate receives additional contribu- 
tions, makes additional expenditures or has ad- 
ditional funds in his or her campaign trust 
account that in the aggregate equal or exceed 
$10,000.00. 

(3) Any person that makes independent ex- 
penditures, electioneering communications, or 
member communications that clearly identify 
any candidate for the Board of Supervisors in an 
amount that in the aggregate equals or exceeds 
$5,000.00, shall, within 24 hours of reaching or 
exceeding the spending threshold, provide an 
original copy of the communication to the Ethics 
Commission and file a statement with the Ethics 
Commission disclosing the cost of each commu- 
nication. Every person who is required to file a 
statement with the Ethics Commission pursuant 
to this Subsection shall indicate on the state- 
ment which candidate or candidates for the Board 
of Supervisors the independent expenditures, 
electioneering communications, or member com- 
munications disclosed on the statement are in- 
tended to support or oppose, or whether they are 
intended to be neutral, provided that an inde- 
pendent expenditure may not be neutral. For the 
purposes of this Subsection, the costs of a com- 
munication that supports or opposes more than 
one candidate or ballot measure shall be appor- 
tioned among each candidate and measure in the 
communication. 

Thereafter, any such person shall file a supple- 
mental statement with the Ethics Commission 
each time the person makes independent expen- 
ditures, electioneering communications or mem- 
ber communications in support of or in opposi- 
tion to any candidate for the Board of Supervisors 
in an amount that in the aggregate equals or 
exceeds an additional $5,000.00. The supplemen- 
tal statements shall be filed within 24 hours of 
reaching or exceeding the spending threshold. 

The Executive Director shall post the infor- 
mation disclosed on statements required by this 
subsection on the web page of the Ethics Com- 
mission within two business days of the state- 
ment being filed. 



(b) ELECTIONS FOR MAYOR. 

(1) In addition to the campaign disclosure 
requirements imposed by the California Political 
Reform Act and other provisions of this Chapter, 
each candidate for Mayor shall file a statement 
with the Ethics Commission indicating when the 
candidate has received contributions, made ex- 
penditures or has funds in his or her Campaign 
Contribution Trust Account that in the aggre- 
gate equal or exceed $50,000.00 within 24 hours 
of reaching or exceeding that amount. 

(2) In addition to the supplemental report 
in Subsection (b)(1) of this Section, each candi- 
date for Mayor shall file a statement with the 
Ethics Commission disclosing when the candi- 
date has received contributions, made expendi- 
tures or has funds in his or her Campaign 
Contribution Trust Account that in the aggre- 
gate equal or exceed $1,000,000.00. The candi- 
date shall file this report within 24 hours of 
reaching or exceeding the threshold. Thereafter, 
the candidate shall file an additional supplemen- 
tal report within 24 hours of every time the 
candidate receives additional contributions, makes 
additional expenditures or has additional funds 
in his or her campaign trust account that in the 
aggregate equal or exceed $50,000.00. 

(3) Any person that makes independent ex- 
penditures, electioneering communications, or 
member communications that clearly identify 
any candidate for Mayor in an amount that in 
the aggregate equals or exceeds $5,000.00, shall, 
within 24 hours of reaching or exceeding the 
spending threshold, provide an original copy of 
the communication to the Ethics Commission 
and file a statement with the Ethics Commission 
disclosing the cost of each communication. Every 
person who is required to file a statement with 
the Ethics Commission pursuant to this Subsec- 
tion shall indicate on the statement which can- 
didate or candidates for Mayor the independent 
expenditures, electioneering communications, or 
member communications disclosed on the state- 
ment are intended to support or oppose, or whether 
they are intended to be neutral, provided that an 
independent expenditure may not be neutral. 
For the purposes of this Subsection, the costs of 



Supp. No. 12, November/December 2007 



31 



Election Campaigns - Campaign Finance 



Sec. 1.156. 



a communication that supports or opposes more 
than one candidate or ballot measure shall be 
apportioned among each candidate and measure 
in the communication. 

Thereafter, any such person shall file a supple- 
mental statement with the Ethics Commission 
each time the person makes independent expen- 
ditures, electioneering communications or mem- 
ber communications in support of or in opposi- 
tion to any candidate for Mayor in an amount 
that in the aggregate equals or exceeds an addi- 
tional $5,000.00. The supplemental statements 
shall be filed within 24 hours of reaching or 
exceeding the spending threshold. 

The Executive Director shall post the infor- 
mation disclosed on statements required by this 
subsection on the web page of the Ethics Com- 
mission within two business days of the state- 
ment being filed. 

(c) The supplemental statements required 
by Subsections (a)(2), (a)(3), (b)(2) and (b)(3) are 
not required until the Ethics Commission has 
certified that at least one candidate for is eligible 
to receive public funds under this Chapter, pro- 
vided that within two days of the date that the 
Ethics Commission provides notice under this 
subsection that it has certified that a candidate 
is eligible to receive public funds under this 
Chapter any report that would be required under 
(a)(2), (a)(3), (b)(2) or (b)(3) must be filed. Within 
two business days of certifying that at least one 
candidate is eligible to receive public financing 
under this Chapter, the Ethics Commission shall 
post a notice on its web page, send out a press 
release and send written notice by regular or 
electronic mail to any person who has requested 
such notice. (Added by Proposition O, 11/7/2000; 
amended by Ord. 141-03, File No. 030034, App. 
6/27/2003; Ord. 3-06, File No. 051439, App. 1/20/ 
2006; Ord. 31-06, File No. 051773, App. 2/23/ 
2006; Ord. 268-07, File No. 071003, App. 11/26/ 
2007) 

SEC. 1.154. INSUFFICIENT FUNDS IN 
ELECTION CAMPAIGN FUND. 

(a) REPORT BY CONTROLLER. At the re- 
quest of the Ethics Commission, the Controller 
shall provide a statement of the total amount of 
funds in the Election Campaign Fund. 



(b) INSUFFICIENT FUNDS. 

(1) Elections for Mayor. No later than 
August 1 before an election for Mayor, the Ex- 
ecutive Director shall notify the Commission and 
the Board of Supervisors whether $8.00 per 
resident, after subtracting 15% for the adminis- 
trative expenses provided under section 
1.138(b)(2), exists in the Election Campaign Fund. 
If $8.00 per resident, plus 15% for administra- 
tive expenses, does not exist in the Election 
Campaign Fund, the Commission may, in accor- 
dance with the fiscal provisions of the Charter, 
request a supplemental appropriation from the 
Board of Supervisors and the Mayor to provide 
additional funding to the Election Campaign 
Fund so that $8.00 per resident, plus 15% for 
administrative expenses, exists in the fund for 
the upcoming election. This requirement shall 
not apply to any election held to fill the vacancy 
for the remainder of a term. 

(2) Elections for the Board of Supervi- 
sors. No later than August 1 before an election 
for the Board of Supervisors, the Executive Di- 
rector shall notify the Commission and the Board 
of Supervisors whether $1.50 per resident, after 
subtracting 15% for the administrative expenses 
provided under section 1.138(b)(2), exists in the 
Election Campaign Fund. If $1.50 per resident, 
plus 15% for administrative expenses, does not 
exist in the Election Campaign Fund, the Com- 
mission may, in accordance with the fiscal provi- 
sions of the Charter, request a supplemental 
appropriation from the Board of Supervisors and 
the Mayor to provide additional funding to the 
Election Campaign Fund so that $1.50 per resi- 
dent, plus 15% for administrative expenses, ex- 
ists in the fund for the upcoming election. This 
requirement shall not apply to any election held 
to fill the vacancy for the remainder of a term. 
(Added by Proposition O, 11/7/2000; amended by 
Ord. 141-03, File No. 030034, App. 6/27/2003; 
Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 
268-07, File No. 071003, App. 11/26/2007) 

SEC. 1.156. REPORT TO THE MAYOR 
AND BOARD OF SUPERVISORS. 

(a) Following each election at which the 
Mayor or members of the Board of Supervisors 
are elected, the Ethics Commission shall submit 



Supp. No. 12, November/December 2007 



Sec. 1.156. 



San Francisco - Campaign and Governmental Conduct Code 



32 



a report to the Mayor and Board of Supervisors. 
The report shall state the amount of public funds 
used to pay for election campaigns in that elec- 
tion and such other information as the Ethics 
Commission deems useful, including the number 
of candidates who received public funds; the 
number of nonparticipating candidates; the 
amount of qualified campaign expenditures made 
by all candidates in that election; and the amount 
of independent expenditures made in connection 
with the election. 

(b) Following the November 2007 munici- 
pal election, the Ethics Commission shall con- 
duct a study and submit a report to the Mayor 
and Board of Supervisors regarding the feasibil- 
ity and costs of converting the partial public 
financing program for Mayoral candidates into a 
full public financing program. Following the No- 
vember 2008 Municipal Election, the Ethics Com- 
mission shall conduct a study and submit a 
report to the Mayor and Board of Supervisors 
regarding the feasibility and costs of converting 
the partial public financing program for candi- 
dates for the Board of Supervisors into a full 
public financing program. (Added by Proposition 
O, 11/7/2000; amended by Ord. 31-06, File No. 
051773, App. 2/23/2006; Ord. 268-07, File No. 
071003, App. 11/26/2007) 

SEC. 1.158. IMPLEMENTING 
REGULATIONS; FORMS. 

Pursuant to Charter Section 15.102, the Eth- 
ics Commission shall adopt regulations to imple- 
ment this Chapter. The Ethics Commission shall 
also specify the form and content of all forms and 
statements required to be filed under this Chap- 
ter. (Added by Proposition O, 11/7/2000) 

SEC. 1.160. NO LIMITATION OF 
CANDIDATE LIABILITY. 

Nothing in this Chapter shall operate to limit 
the candidate's liability for, nor the candidate's 
ability to pay, any fines or other pa3rments im- 
posed pursuant to administrative or judicial pro- 
ceedings. (Added by Proposition O, 11/7/2000) 



SEC. 1.160.5. DISCLOSURE AND FILING 
FOR PERSUASION POLLS 

(a) Definitions. Whenever in this Section 
the following words or phrases are used, they 
shall mean: 

(1) "Persuasion poll" shall mean any tele- 
phone survey, or series of telephone surveys that 
are substantially similar or identical, that 

(A) refers to a clearly identified candidate 
for City elective office or a City elective officer, 
other than in a basic preference question; 

(B) includes at least one call made within 
60 days prior to an election for the City elective 
office sought by the candidate named in the 
survey or a recall election regarding the City 
elective officer named in the survey; 

(C) includes at least 1,000 completed calls, 
such as person-to-person discussions following 
the survey script; and 

(D) for which at least two of the following 
are true: 

(i) Each phone conversation in the survey 
takes less than four minutes on average to com- 
plete, excluding any sponsorship identification; 

(ii) The survey includes fewer than three 
demographic inquiries regarding factors such as 
age, educational level, or marital status, suffi- 
cient to allow for the tabulation of results based 
on relevant subset(s) of the population consistent 
with standard polling industry practices; 

(iii) The persons conducting the survey do 
not collect or tabulate survey results for all the 
phone conversations; 

(iv) The survey includes an untrue state- 
ment about the candidate or officer described in 
section (a)(1)(A); or 

(v) The survey is designed or intentionally 
conducted in a manner calculated to influence 
the vote of the respondent in the election de- 
scribed in Subsection (a)(1)(B). 

(2) "Basic preference question" shall mean: 

(A) a question which provides a respondent 
with a list of names of candidates for City elec- 
tive office without providing or impl3ang any 



Supp. No. 12, November/December 2007 



33 



Election Campaigns - Campaign Finance 



Sec. 1.160.5. 



information regarding any candidate and asks 
which candidate the respondent supports in a 
particular race, or 

(B) a question which names a City elective 
officer without providing or implying any infor- 
mation regarding the officer and asks whether 
the respondent supports or opposes the recall of 
that officer. 

(3) "Payment" shall be defined as set forth 
in Government Code of the State of California 
(commencing at Section 81000); provided, how- 
ever, that "payment" shall also include any en- 
forceable promise to make a payment. 

(4) "Refers to a clearly identified candidate 
for City elective office or a City elective officer" 
shall mean any communication that contains the 
candidate's or officer's name or nickname or 
makes any other unambiguous reference to the 
candidate or officer such as "your Supervisor" or 
"the incumbent." 

(5) "Disclosure Date" shall mean: 

(A) The date that a written formal agree- 
ment regarding the persuasion poll is made 
between the person making the calls and the poll 
sponsor(s) or the sponsor(s) agent; 

(B) The date of the 1,000th call in the poll; 
and 

(C) After a person has met the threshold 
under Subsection (B), the date of each 1,000th 
additional call in the poll. 

(b) Telephonic disclosure. No person shall 
authorize, administer or make payment for a 
persuasion poll unless, at the beginning of each 
call, the person making the call identifies the 
person(s) making payments for or authorizing 
the call by stating "This is a paid political adver- 
tisement by [Name of person(s)]," and, identifies 
the person making the call, if different from the 
sponsor, by stating "This call is conducted by 
[Name of person]." These disclosures shall be 
spoken at the same volume and speed as the rest 
of the communication so as to be clearly audible 
by the call recipient and otherwise appropriately 
conveyed for the hearing impaired. These disclo- 
sures shall be repeated upon request of the call 
recipient. 



(c) Filing. 

(1) Any person who authorizes, administers 
or makes pajonent for a persuasion poll shall, 
within 48 hours of each disclosure date, file an 
itemized statement with the San Francisco Eth- 
ics Commission. A person authorizing, adminis- 
tering or making payment for a persuasion poll 
is not required to file an itemized statement 
under this Section if the person is aware that 
another person authorizing, administering or 
making payment for the same persuasion poll 
has filed an authorized statement for the persua- 
sion poll as required by this Section. 

(2) Each itemized statement required to be 
filed under this Section shall be filed on a form 
promulgated by the San Francisco Ethics Com- 
mission and shall contain the following informa- 
tion: 

(A) the full name, street address, city, state 
and zip code of each person who authorizes, 
administers or makes payment for the persua- 
sion poll; 

(B) the full name, street address, city, state 
and zip code of each person sharing or exercising 
direction and control over the person authoriz- 
ing, administering or making pa5niients for the 
survey; 

(C) the dates during which the persuasion 
poll was conducted; 

(D) for each day, the number of calls at- 
tempted to households in the City and County of 
San Francisco if the election described in Sub- 
section (a)(1)(B) is a City-wide election, or the 
number of calls to households in the district if 
the election described in Subsection (a)(1)(B) is a 
district election; 

(E) for each day, the number of individuals 
contacted and the number of messages left in 
households in the City and County of San Fran- 
cisco if the election described in Subsection 
(a)(1)(B) is a City- wide election, or the number of 
individuals contacted and the number of mes- 
sages left in households in the district if the 
election described in Subsection (a)(1)(B) is a 
district election; 



Supp. No. 12, November/December 2007 



Sec. 1.160.5. 



San Francisco - Campaign and Governmental Conduct Code 



34 



(F) a detailed accounting of any payments 
of $100.00 or more that the person has received 
from another person, which were used for con- 
ducting or administering the persuasion poll; 
such detailed accounting shall include the dollar 
amount or value of each payment; the date of the 
payment's receipt; the name, street address, city, 
state, and zip code of the person who made such 
payment; the occupation and employer of the 
person who made such payment, if any, or, if the 
person is self-employed, the name of the person's 
business; and the cumulative amount of pay- 
ments received for the purpose of conducting or 
administering persuasion polls from that person 
during the calendar year; 

(G) a copy of the script used in conducting 
the persuasion poll, if any, and a copy of every 
question asked in the survey and every state- 
ment made to respondents in the survey; and 

(H) any other information required by the 
Ethics Commission consistent with the purposes 
of this Section. 

(3) The filer shall verify, under penalty of 
perjury, the accuracy and completeness of the 
information provided in the itemized statement, 
and shall retain for a period of five years all 
books, papers and documents necessary to sub- 
stantiate the itemized statements required by 
this Section. 

(4) The Ethics Commission may require any 
itemized statement to be filed electronically and 
may permit any required statement to be filed by 
facsimile. The Ethics Commission shall promul- 
gate regulations to implement this subsection 
before any person shall be required to file an 
itemized statement electronically or permitted to 
file a statement by facsimile. 

(5) If any person files an itemized state- 
ment after any deadline imposed by this Section, 
the Ethics Commission shall, in addition to any 
other penalties or remedies established in this 
Chapter, fine the person $10.00 per day after the 
deadline until the statement is received by the 
Ethics Commission. The Ethics Commission may 
reduce or waive a fine if the Commission deter- 
mines that the late filing was not willful and that 
enforcement will not further the purposes of this 



Chapter. The Ethics Commission shall deposit 
funds collected under this Section in the General 
Fund of the City and County of San Francisco. 

(d) The Ethics Commission may adopt regu- 
lations exempting additional types of polls from 
the provisions of this Section to effectuate the 
purpose of this Section. (Added by Ord. 266-07, 
File No. 071090, App. 11/14/2007) 

SEC. 1.161. DISCLOSURE AND FILING 
REQUIREMENTS FOR MASS MAILINGS. 

(a) MASS MAILINGS BY CANDIDATES. 

(1) Disclosure. In addition to the require- 
ments set forth in California Government Code 
Section 84305, each mass mailing paid for by a 
candidate for City elective office with funds raised 
for the candidate's campaign shall include on the 
outside of each piece of mail in the mass mailing 
the following statement in not less than 14 point 
type and in a color or print which contrasts with 
the background so as to be easily legible: "paid 

for by (insert candidate's name 

and street address)." A post office box may be 
stated in lieu of a street address if the candidate's 
address is a matter of public record with the San 
Francisco Ethics Commission. 

(2) Filing. 

(i) Each candidate for City elective office 
who pays for a mass mailing shall, within five 
working days after the date of the mailing, file 
two of the original pieces of the mailing with the 
San Francisco Ethics Commission. 

(ii) Each candidate for City elective office 
who pays for a mass mailing shall, within five 
working days after the date of the mailing, file 
an itemized disclosure statement with the San 
Francisco Ethics Commission for that mailing. 

(iii) Each candidate for City elective office 
who pays for a mass mailing shall file the origi- 
nal pieces of mail and the itemized disclosure 
statement required by Subsections (a)(2)(i) and 
(a)(2)(ii) within 48 hours of the date of the 
mailing if the date of the mailing occurs within 
the final 16 days before the election. 

(iv) Every original filed pursuant to this 
subsection shall be clearly legible. 



Supp. No. 12, November/December 2007 



35 



Election Campaigns - Campaign Finance 



Sec. 1.161.5. 



(b) MASS MAILINGS BY PERSONS 
OTHER THAN CANDIDATES. 

(1) Disclosure. Any person who makes in- 
dependent expenditures for a mass mailing which 
supports or opposes any candidate for City elec- 
tive office shall place the following statement on 
the mailing in t3rpeface no smaller than 14 points: 

Notice to Voters (Required by City and 
County of San Francisco) This mailing is 
not authorized or approved by any candi- 
date for City and County office or by any 
election official. It is paid for by [name and 
committee identification number], [ad- 
dress, city, state]. Total Cost of this mailing 
is [amount]. 

(2) Filing. 

(i) Each person who makes independent ex- 
penditures of $1,000.00 or more for a mass 
mailing which supports or opposes any candi- 
date for City elective office shall, within five 
working days after the date of the mailing, file 
two of the original pieces of the mailing with the 
San Francisco Ethics Commission. 

(ii) Each person described in Subsection 
(b)(2)(i) shall, within five working days after the 
date of the mailing, file an itemized disclosure 
statement with the San Francisco Ethics Com- 
mission for that mailing. 

(iii) Each person described in Subsection 
(b)(2)(i) shall file the original pieces of mail and 
the itemized disclosure statement required by 
Subsections (b)(2)(i) and (b)(2)(ii) within 48 hours 
of the date of the mailing if the date of the 
mailing occurs within the final 16 days before 
the election. 

(iv) Every original filed pursuant to this 
subsection shall be clearly legible. 

(c) DEFINITIONS. 

(1) For the purposes of this Section, "Item- 
ized disclosure statement" shall mean a detailed 
description of the separate costs associated with 
a mass mailing, including but not limited to 
photography, design, production, printing, distri- 
bution and postage. Each cost shall be disclosed 
on a form promulgated by the San Francisco 



Ethics Commission in a manner that demon- 
strates each separate charge or payment for each 
mass mailing. 

(2) For the purposes of this Section, "Mass 
mailing" shall be defined as set forth in the 
California Political Reform Act (Government Code 
Section 81000 et seq.), provided that the mass 
mailing advocates for or against one or more 
candidates for City elective office. (Added by 
Ord. 211-01, File No. 010778, App. 10/26/2001; 
amended by Ord. 89-02, File No. 012130, App. 
6/14/2002; Ord. 228-06, File No. 060501, App. 
9/14/2006; Ord. 261-07, File No. 071290, App. 
11/14/2007) 

SEC. 1.161.5. DISCLOSURE AND FILING 
FOR ELECTIONEERING 
COMMUNICATIONS. 

(a) DISCLOSURE STATEMENTS. 

( 1 ) Every electioneering communication shall 
include a disclosure statement identifjdng the 
person who paid for the communication. Such 
disclosure statement shall, at a minimum, con- 
tain the following words, "paid for by 

(insert the name of the 

person who paid for the communication)." 

(2) Any disclosure statement required by 
this section to be in printed form shall be printed 
in a type and color so as to be easily legible to the 
intended public. Such disclosure statement shall 
be printed in at least 14 point tj^e and in a color 
or print that contrasts with the background so as 
to be easily legible to the intended public. 

(3) Any disclosure statement required by 
this Section to be in spoken form shall be spoken 
at the same volume and speed as the rest of the 
communication so as to be clearly audible and 
understood by the intended public and otherwise 
appropriately conveyed for the hearing im- 
paired. 

(b) REPORTING OBLIGATIONS. 

(1) Every person who makes pa3rments for 
electioneering communications in an aggregate 
amount of $1,000.00 during any calendar year 
shall, within 48 hours of each disclosure date, 
file an itemized statement with the San Fran- 
cisco Ethics Commission. 



Supp. No. 12, November/December 2007 



Sec. 1.161.5. 



San Francisco - Campaign and Governmental Conduct Code 



36 



(2) Each itemized statement required to be 
filed under this Section shall be filed on a form 
promulgated by the San Francisco Ethics Com- 
mission and shall contain the following informa- 
tion: 

(A) the full name, street address, city, state 
and zip code of the person making payments for 
electioneering communications; 

(B) the name of any individual sharing or 
exercising direction and control over the person 
making payments for electioneering communica- 
tions; 

(C) the total amount of payments made by 
the person for electioneering communications 
during the calendar year; 

(D) a detailed description of each payment 
made by the person for electioneering communi- 
cations during the calendar year, provided that 
the person has not already reported such pay- 
ments on an itemized statement filed under this 
Section; such detailed description shall include 
the date the payment was made, the full name 
and address of the person to whom the payment 
was made; the amount of the payment, and a 
brief description of the consideration for which 
each pajrment was made; 

(E) a detailed accounting of any payments 
of $100.00 or more that the person has received 
from another person, which were used for mak- 
ing electioneering communications, provided that 
the person has not already reported such pay- 
ments received on an itemized statement filed 
under this Section; such detailed accounting 
shall include the dollar amount or value of each 
payment, the date of the payment's receipt, the 
name, street address, city, state, and zip code of 
the person who made such payment, the occupa- 
tion and employer of the person who made such 
payment, if any, or, if the person is self-em- 
ployed, the name of the person's business, and 
the cumulative amount of payments received for 
the purpose of making electioneering communi- 
cations from that person during the calendar 
year; 

(F) the total amount of all pajrments re- 
ported under Subsection (E) during the calendar 
year; 



(G) a legible copy of the electioneering com- 
munication if in printed form, or a transcript of 
the electioneering communication if in spoken 
form; and 

(H) any other information required by the 
Ethics Commission consistent with the purposes 
of this Section. 

(3) The filer shall verify, under penalty of 
perjury, the accuracy and completeness of the 
information provided in the itemized statement, 
and shall retain for a period of five years all 
books, papers and documents necessary to sub- 
stantiate the itemized statements required by 
this Section. 

(4) The Ethics Commission may require any 
itemized statement to be filed electronically and 
may permit any required statement to be filed by 
facsimile. The Ethics Commission shall promul- 
gate regulations to implement this subsection 
before any person shall be required to file an 
itemized statement electronically or permitted to 
file a statement by facsimile. 

(5) If any person files an itemized state- 
ment after any deadline imposed by this Section, 
the Ethics Commission shall, in addition to any 
other penalties or remedies established in this 
Chapter, fine the person $10.00 per day after the 
deadline until the statement is received by the 
Ethics Commission. The Ethics Commission may 
reduce or waive a fine if the Commission deter- 
mines that the late filing was not willful and that 
enforcement will not further the purposes of this 
Chapter. The Ethics Commission shall deposit 
funds collected under this Section in the General 
Fund of the City and County of San Francisco. 

(c) DEFINITIONS. Whenever in this Sec- 
tion the following words or phrases are used, 
they shall mean: 

(1) "Disclosure Date" shall mean: 

(A) the first date during any calendar year 
when an electioneering communication is distrib- 
uted after a person has made payments aggre- 
gating $1,000.00 for electioneering communica- 
tions; and 

(B) after a person has met the threshold 
under Subsection (A), any date during that same 
calendar year when an electioneering communi- 



Supp. No. 12, November/December 2007 



37 



Election Campaigns - Campaign Finance 



Sec. 1.161.5. 



cation is distributed, if that same person made 
any payments for such electioneering communi- 
cation. 

(2) "Distributed" shall mean any act that 
permits an electioneering communication to be 
viewed, read or heard. 

(3) "Electioneering Communication" shall 
mean any communication, including but not lim- 
ited to any broadcast, cable, satellite, radio, 
internet, or telephone communication, and any 
mailing, flyer, doorhanger, pamphlet, brochure, 
card, sign, billboard, facsimile, or printed adver- 
tisement, that: 

(A) refers to a clearly identified candidate 
for City elective office or a City elective officer 
who is the subject of a recall election; and 

(B) is distributed within 90 days prior to an 
election for the City elective office sought by the 
candidate or a recall election regarding the City 
elective officer to 500 or more individuals who 
are registered to vote or eligible to register to 
vote in the election or recall election. There shall 
be a rebuttable presumption that any that any 
broadcast, cable, satellite, or radio communica- 
tion and any sign, billboard or printed advertise- 
ment is distributed to 500 or more individuals 
who are eligible to vote in or eligible to register to 
vote in an election for the City elective office 
sought by the candidate or a recall election 
regarding the City elective officer. 

(C) The term "Electioneering Communica- 
tion" shall not include: 

(i) communications that constitute expendi- 
tures or independent expenditures under this 
Chapter; 

(ii) communications made by a slate mailer 
organization if such communications are re- 
quired to be disclosed under California Govern- 
ment Code Section 81000, et seq.; 

(iii) communications paid for by the City or 
any other local, State or Federal government 
agency; 

(iv) spoken communications between two or 
more individuals in direct conversation unless 
such communications are made by telephone and 



at least one of the individuals is compensated for 
the purposes of making the telephone communi- 
cation; 

(v) communications that appear on bumper 
stickers, pins, stickers, hat bands, badges, rib- 
bons and other similar raemorabilia; 

(vi) news stories, commentaries or editori- 
als distributed through any newspaper, radio 
station, television station, or other recognized 
news medium unless such news medium is owned 
or controlled by any political party, political 
committee or candidate; 

(vii) communications to all members, em- 
ployees and shareholders of an organization, 
other than a political party, provided that such 
communications do not constitute general public 
advertising such as, but not limited to, broad- 
casting, billboards, and newspaper advertise- 
ments; 

(viii) communications that occur during a 
candidate debate or forum; and 

(ix) communications made solely to pro- 
mote a candidate debate or forum made by or on 
behalf of the person sponsoring the debate or 
forum, provided that such communications do 
not otherwise discuss the positions or experience 
of a candidate for City elective office or a City 
elective officer who is the subject of a recall 
election. 

(4) "Internet Communication" shall include 
paid internet advertisements such as "banner" 
and "pop up" advertisements, paid emails or 
emails sent to addresses purchased from another 
person, and similar types of internet communi- 
cations as defined by the Ethics Commission by 
regulation, but shall not include web blogs, list- 
serves sent to persons who have contacted the 
sender, discussion forums, or general postings on 
web pages. 

(5) "Pajmient" shall be defined as set forth 
in Government Code of the State of California 
(commencing at Section 81000); provided, how- 
ever, that "payment" shall also include any en- 
forceable promise to make a payment. 

(6) "Refers to a clearly identified candidate 
for City elective office or a City elective officer 
who is the subject of a recall election" shall mean 



Supp. No. 12, November/December 2007 



Sec. 1.161.5. 



San Francisco - Campaign and Governmental Conduct Code 



38 



any communication that contains the candidate's 
or officer's name, nickname or image or makes 
any other unambiguous reference to the candi- 
date or officer such as "your Supervisor" or "the 
incumbent." 

(D) REGULATIONS. The Ethics Commis- 
sion shall issue regulations implementing this 
Section, including regulations defining all mem- 
bers, employees and shareholders of an organi- 
zation. (Added by Ord. 71-05, File No. 041489, 
App. 4/15/2005; amended by Ord. 75-05, File No. 
050624, App. 4/27/2005; Ord. 228-06, File No. 
060501, App. 9/14/2006) 

SEC. 1.162. DISCLOSURE 
REQUIREMENTS— CAMPAIGN 
ADVERTISEMENTS. 

(a) Disclosure. Any campaign advertise- 
ment that urges support for or opposition to one 
or more candidates for City elective office shall 
include a disclosure statement identifying the 
person who paid for the advertisement. Such 
disclosure statement shall, at a minimum, con- 
tain the following words, "paid for by (insert the 
name of the person who paid for the communi- 
cation)" and appear at least once on the adver- 
tisement. 

(1) Any disclosure statement required by 
this section to be in printed form shall be printed 
in a type and color so as to be easily legible to the 
intended public. Such disclosure statement shall 
be printed in at least 14-point type and in a color 
or print that contrasts with the background so as 
to be easily legible to the intended public. 

(2) Any disclosure statement required by 
this section to be in spoken form shall be spoken 
at the same volume and speed as the rest of the 
communication so as to be clearly audible and 
understood by the intended public and otherwise 
appropriately conveyed for the hearing im- 
paired. 

(b) Definitions. For the purposes of this 
Section, the term "campaign advertisement" 
means: 

(1) Programming received by a television or 
radio; 



(2) A communication placed in a newspa- 
per; periodical or magazine of general circula- 
tion; 

(3) Posters, door hangers, and yard signs 
produced in quantities of 200 or more; and 

(4) A billboard. (Added by Ord. 71-00, File 
No. 000358, App. 4/28/2000; renumbered by Propo- 
sition O, 11/7/2000; amended by Ord. 141-03, 
File No. 030034, App. 6/27/2003; Ord. 261-07, 
File No. 071290, App. 11/14/2007) 

(Derivation: Former Administrative Code Sec- 
tion 16.510-7; added by Proposition N, 11/7/95) 

SEC. 1.162.5. DISCLOSURE 
REQUIREMENTS— CAMPAIGN 
ADVERTISEMENTS. 

(a) Disclosure. Any campaign advertise- 
ment that urges support for or opposition to one 
or more candidates for City elective office shall 
include a disclosure statement identifying the 
person who paid for the advertisement. Such 
disclosure statement shall, at a minimum, con- 
tain the following words, "paid for by 

(insert the name of the person 

who paid for the communication)" and appear at 
least once on the advertisement. 

(1) Any disclosure statement required by 
this section to be in printed form shall be printed 
in a type and color so as to be easily legible to the 
intended public. Such disclosure statement shall 
be printed in at least 14-point type and in a color 
or print that contrasts with the background so as 
to be easily legible to the intended public. 

(2) Any disclosure statement required by 
this section to be in spoken form shall be spoken 
at the same volume and speed as the rest of the 
communication so as to be clearly audible and 
understood by the intended public and otherwise 
appropriately conveyed for the hearing im- 
paired. 

(b) Definitions. For the purposes of this 
Section, the term "campaign advertisement" 
means: 

(1) Programming received by a television or 
radio; 



Supp. No. 12, November/December 2007 



39 



Election Campaigns - Campaign Finance 



Sec. 1.164. 



(2) A communication placed in a newspa- 
per; periodical or magazine of general circula- 
tion; 

(3) Posters, door hangers, and yard signs 
produced in quantities of 200 or more; and 

(4) A billboard. (Added by Ord. 228-06, File 
No. 060501, App. 9/14/2006) 

SEC. 1.163. DISCLOSURE 
REQUIREMENTS— RECORDED 
TELEPHONE MESSAGES. 

Any recorded telephone message distributed 
to 500 or more individuals or households must 
include the following statement: "paid for by 

(insert name of person 

who paid for the recorded telephone message)." 
Statements required pursuant to this Section 
shall be audible and played at the same volume 
and speed as the rest of the recorded telephone 
message. Any person paying for a recorded tele- 
phone message must maintain a transcript of the 
message and a record of the number of distrib- 
uted calls for each message. (Added by Ord. 
187-01, File No. 010779, App. 8/31/2001; amended 
by Ord. 141-03, File No. 030034, App. 6/27/2003) 

SEC. 1.163.5. DISTRIBUTION OF 
CAMPAIGN ADVERTISEMENTS 
CONTAINING FALSE ENDORSEMENTS. 

(a) Prohibition. No person may sponsor 
any campaign advertisement that is distributed 
within 90 days prior to an election and that 
contains a false endorsement, where the person 
acts with knowledge of the falsity of the endorse- 
ment or with reckless disregard for the truth or 
falsity of the endorsement. A false endorsement 
is a statement, signature, photograph, or image 
representing that a person expressly endorses or 
conveys support for or opposition to a candidate 
or measure when in fact the person does not 
expressly endorse or convey support for or oppo- 
sition to the candidate or measure as stated or 
implied in the campaign communication. 

(b) Definitions. Whenever in this Section 
the following words or phrases are used, they 
shall mean: 

(1) "Campaign Advertisement" is any mail- 
ing, flyer, doorhanger, pamphlet, brochure, card, 
sign, billboard, facsimile, printed advertisement, 



broadcast, cable, satellite, radio, internet, or 
recorded telephone advertisement that refers to 
one or more clearly identified candidates or bal- 
lot measures. The term "campaign advertise- 
ment" does not include: 

(A) bumper stickers, pins, stickers, hat bands, 
badges, ribbons and other similar campaign memo- 
rabilia; 

(B) news stories, commentaries or editori- 
als distributed through any newspaper, radio, 
station, television station or other recognized 
news medium unless such news medium is owned 
or controlled by any political party, political 
committee or candidate; or 

(C) material distributed to all members, 
employees and shareholders of an organization, 
other than a political party; 

(2) "Internet Advertisement" includes paid 
internet advertisements such as "banner" and 
"popup" advertisements, paid emails, or emails 
sent to addresses purchased from another per- 
son, and similar types of internet advertise- 
ments as defined by the Ethics Commission by 
regulation, but shall not include web blogs, list- 
serv^es sent to persons who have contacted the 
sender, discussion foruims, or general postings on 
web pages. 

(3) "Sponsor" means to pay for, direct, su- 
pervise or authorize the production of campaign 
advertisement. 

(c) Enforcement and penalties. The pen- 
alties under Section 1.170(a) of this Chapter do 
not apply to violations of this Section. Notwith- 
standing the 60-day waiting period in Section 
1.168 of this Chapter, a voter may bring an 
action to enjoin a violation of this Section imme- 
diately upon providing written notice to the City 
Attorney. A court may enjoin a violation of this 
section only upon a showing of clear and convinc- 
ing evidence of a violation. (Added by Ord. 228- 
06, File No. 060501, App. 9/14/2006) 

SEC. 1.164. DUTIES OF ETHICS 
COMMISSION. 

In addition to other duties required under 
the Charter and the terms of this Chapter, the 
Ethics Commission shall: 

(a) Prepare and publish written instruc- 
tions explaining the duties of persons, candi- 
dates and committees under this Chapter. 



Supp. No. 12, November/December 2007 



Sec. 1.164. 



San Francisco - Campaign and Governmental Conduct Code 



40 



(b) Determine whether required statements 
and declarations have been filed with the Ethics 
Commission, and, if so, whether they conform on 
their face with the requirements of this Chapter. 

(c) Notify promptly all persons, candidates 
and committees known to the Ethics Commis- 
sion who have failed to file a statement in the 
form and at the time required by State and local 
law. 

(d) Report apparent violations of this Chap- 
ter to the District Attorney. 

(e) Compile and maintain a current list of 
all statements or parts of statements filed with 
the Ethics Commission pertaining to each candi- 
date and each measure. 

(f) Cooperate with the District Attorney and 
the City Attorney in the performance of their 
duties as they are related to this Chapter. 

(g) Enforce or cause to be enforced the pro- 
visions of this Chapter. 

(h) Prepare and publish adequate proce- 
dures to notify all persons, candidates and com- 
mittees in advance relative to filing dates and 
forms required by State and local law. (Added by 
Ord. 71-00, File No. 000358, App. 4/28/2000; 
renumbered by Proposition 0, 11/7/2000; amended 
by Ord. 141-03, File No. 030034, App. 6/27/2003) 

(Derivation: Former Administrative Code Sec- 
tion 16.512; amended by Ord. 292-76, App. 7/17/ 
76; Ord. 386-95, App. 12/14/95) 

SEC. 1.166. DUTIES OF ENFORCEMENT 
AUTHORITY. 

In addition to the other duties required of 
him or her under the provisions of this Chapter, 
the enforcement authority for civil enforcement 
shall review such campaign statements filed 
with the Ethics Commission as the Commission 
shall refer to him or her for legal compliance 
with the provisions of this Chapter. (Added by 
Ord. 71-00, File No. 000358, App. 4/28/2000; 
renumbered by Proposition O, 11/7/2000) 

(Derivation: Former Administrative Code Sec- 
tion 16.513; amended by Ord. 361-80, App. 8/5/ 
80; Ord. 386-95, App. 12/14/95) 



SEC. 1.168. ENFORCEMENT; ADVICE. 

(a) ENFORCEMENT— GENERAL PROVI- 
SIONS. 

Any person who believes that a violation of 
this Chapter has occurred may file a complaint 
with the Ethics Commission, City Attorney or 
District Attorney. The Ethics Commission shall 
investigate such complaints pursuant to Charter 
Section C3. 699-13 and its implementing regula- 
tions. The City Attorney and District Attorney 
shall investigate, and shall have such investiga- 
tive powers as are necessary for the performance 
of their duties under this Chapter. 

(b) ENFORCEMENT— CIVIL ACTIONS. 

The City Attorney, or any voter, may bring a 
civil action to enjoin violations of or compel 
compliance with the provisions of this Chapter. 

No voter may commence an action under this 
Subsection without first providing written notice 
to the City Attorney of intent to commence an 
action. The notice shall include a statement of 
the grounds for believing a cause of action exists. 
The voter shall deliver the notice to the City 
Attorney at least sixty days in advance of filing 
an action. No voter may commence an action 
under this Subsection if the Ethics Commission 
has issued a finding of probable cause that the 
defendant violated the provisions of this Chap- 
ter, or if the City Attorney or District Attorney 
has commenced a civil or criminal action against 
the defendant, or if another voter has filed a civil 
action against the defendant under this Subsec- 
tion. 

A Court may award reasonable attorney's 
fees and costs to any voter who obtains injunc- 
tive relief under this Subsection. If the Court 
finds that an action brought by a voter under 
this Subsection is frivolous, the Court may award 
the defendant reasonable attorney's fees and 
costs. 

(c) STATUTE OF LIMITATIONS. 

(1) CriminaL Prosecution for violation of 
this Chapter must be commenced within four 
years after the date on which the violation oc- 
curred. 



Supp. No. 12, November/December 2007 



41 



Election Campaigns - Campaign Finance 



Sec. 1.170. 



(2) Civil. No civil action alleging a violation 
in connection with a campaign statement re- 
quired under this Chapter shall be filed more 
than four years after an audit could begin, or 
more than one year after the Executive Director 
submits to the Commission any report of any 
audit conducted of the alleged violator, which- 
ever period is less. Any other civil action alleging 
a violation of any provision of this Chapter shall 
be filed no more than four years after the date on 
which the violation occurred. 

(3) Administrative. No administrative ac- 
tion alleging a violation of this Chapter and 
brought under Charter Section C3. 699-13 shall 
be commenced more than five years after the 
date on which the violation occurred. The date on 
which the Commission forwards a complaint or 
information in its possession regarding an al- 
leged violation to the District Attorney and City 
Attorney as required by Charter Section C3.699-13 
shall constitute the commencement of the admin- 
istrative action. 

(4) Collection of fines and penalties. A 

civil action brought to collect fines or penalties 
imposed under this Chapter shall be commenced 
within four years after the date on which the 
monetary penalty or fine was imposed. For pur- 
poses of this Section, a fine or penalty is imposed 
when a court or administrative agency has is- 
sued a final decision in an enforcement action 
imposing a fine or penalty for a violation of this 
Chapter or the Executive Director has made a 
final decision regarding the amount of a late fine 
or penalty imposed under this Chapter. The 
Executive Director does not make a final deci- 
sion regarding the amount of a late fine or 
penalty imposed under this Chapter until the 
Executive Director has made a determination to 
accept or not accept any request to waive a late 
fine or penalty where such waiver is expressly 
authorized by statute, ordinance, or regulation. 

(d) ADVICE. Any person may request ad- 
vice from the Ethics Commission or City Attor- 
ney with respect to any provision of this Chapter. 
The Ethics Commission shall provide advice pur- 
suant to Charter Section C3.699-12. The City 
Attorney shall within 14 days of the receipt of 



said written request provide the advice in writ- 
ing or advise the person who made the request 
that no opinion will be issued. The City Attorney 
shall send a copy of said request to the District 
Attorney upon its receipt. The City Attorney 
shall within nine days from the date of the 
receipt of said written request send a copy of his 
or her proposed opinion to the District Attorney. 
The District Attorney shall within four days 
inform the City Attorney whether he or she 
agrees with said advice, or state the basis for his 
or her disagreement with the proposed advice. 

No person other than the City Attorney who 
acts in good faith on the advice of the City 
Attorney shall be subject to criminal or civil 
penalties for so acting; provided that, the mate- 
rial facts are stated in the request for advice and 
the acts complained of were committed in reli- 
ance on the advice. (Added by Ord. 71-00, File 
No. 000358, App. 4/28/2000; renumbered and 
amended by Proposition O, 11/7/2000; Ord. 141- 
03, File No. 030034, App. 6/27/2003; Ord. 3-06, 
File No. 051439, App. 1/20/2006) 
(Derivation: Former Administrative Code Sec- 
tion 16.514; amended by Ord. 361-80, App. 8/5/ 
80) 

SEC. 1.170. PENALTIES. 

(a) CRIMINAL. iVny person who knowingly 
or willfully violates any provision of this Chapter 
shall be guilty of a misdemeanor and upon con- 
viction thereof shall be punished by a fine of not 
more than $5,000.00 for each violation or by 
imprisonment in the County jail for a period of 
not more than six months or by both such fine 
and imprisonment; provided, however, that any 
willful or knowing failure to report contributions 
or expenditures done with intent to mislead or 
deceive or any willful or knowing violation of the 
provisions of Section 1.114 of this Chapter shall 
be punishable by a fine of not less than $5,000 for 
each violation or three times the amount not 
reported or the amount received in excess of the 
amount allowable pursuant to Section 1.114 of 
this Chapter, or three times the amount ex- 
pended in excess of the amount allowable pursu- 
ant to Section 1.130 or 1.140.5, whichever is 
greater. 



Supp. No. 12, November/December 2007 



Sec. 1.170. 



San Francisco - Campaign and Governmental Conduct Code 



42 



(b) CIVIL. Any person who intentionally or 
negligently violates any of the provisions of this 
Chapter shall be liable in a civil action brought 
by the civil prosecutor for an amount up to 
$5,000.00 for each violation or three times the 
amount not reported or the amount received in 
excess of the amount allowable pursuant to Sec- 
tion 1.114 or three times the amount expended in 
excess of the amount allowable pursuant to Sec- 
tion 1.130 or 1.140.5, whichever is greater. 

(c) ADMINISTRATIVE. Any person who in- 
tentionally or negligently violates any of the 
provisions of this Chapter shall be liable in an 
administrative proceeding before the Ethics Com- 
mission held pursuant to the Charter for an 
amount up to $5,000.00 for each viohition, or 
three times the amount not reported or the 
amount received in excess of the amount allow- 
able pursuant to Section 1.114 or three times the 
amount expended in excess of the amount allow- 
able pursuant to Section 1.130 or 1.140.5, which- 
ever is greater. 

(d) LATE FILING FEES 

(1) Fees for Late Paper Filings. In addi- 
tion to any other penalty, any person who files a 
paper copy of any statement or report after the 
deadline imposed by this Chapter shall be liable 
in the amount of ten dollars ($10.00) per day 
after the deadline until the statement is filed. 

(2) In addition to any other penalty, any 
person who files an electronic copy of a state- 
ment or report after the deadline imposed by this 
Chapter shall be liable in the amount of twenty- 
five dollars ($25.00) per day after the deadline 
until the electronic copy or report is filed. 

(3) Limitation on Liability. Liability im- 
posed by Subsection (d)(1) shall not exceed the 
cumulative amount stated in the late statement 
or report, or one hundred dollars ($100.00), which- 
ever is greater. Liability imposed by Subsection 
(d)(2) shall not exceed the cumulative amount 
stated in the late statement or report, or two 
hundred fifty dollars ($250.00), whichever is 
greater. 

(4) Reduction or Waiver. The Ethics Com- 
mission may reduce or waive a fee imposed by 
this subsection if the Commission determines 



that the late filing was not willful and that 
enforcement will not further the purposes of this 
Chapter. 

(e) MISUSE OF PUBLIC FUNDS. Any per- 
son who willfully or knowingly uses public funds, 
paid pursuant to this Chapter, for any purpose 
other than the purposes authorized by this Chap- 
ter shall be subject to the penalties provided in 
this Section. 

(0 PROVISION OF FALSE OR MISLEAD- 
ING INFORMATION TO THE ETHICS COM- 
MISSION; WITHHOLDING OF INFORMATION. 

Any person who knowingly or willfully furnishes 
false or fraudulent evidence, documents, or in- 
formation to the Ethics Commission under this 
Chapter, or misrepresents any material fact, or 
conceals any evidence, documents, or informa- 
tion, or fails to furnish to the Ethics Commission 
any records, documents, or other information 
required to be provided under this Chapter shall 
be subject to the penalties provided in this Sec- 
tion. 

(g) PERSONAL LIABILITY. Candidates and 
treasurers are responsible for complying with 
this Chapter and may be held personally liable 
for violations by their committees. 

(h) JOINT AND SEVERAL LIABILITY. If 
two or more persons are responsible for any 
violation of this Chapter, they shall be jointly 
and severally liable. 

(i) EFFECT OF VIOLATION ON OUT- 
COME OF ELECTION. 

(1) If a candidate is convicted of a violation 
of this Chapter at any time prior to his or her 
election, his or her candidacy shall be termi- 
nated immediately and he or she shall be no 
longer eligible for election, unless the court at 
the time of sentencing specifically determines 
that this provision shall not be applicable. No 
person convicted of a misdemeanor under this 
Chapter after his or her election shall be a 
candidate for any other City elective office for a 
period of five years following the date of the 
conviction unless the court shall at the time of 
sentencing specifically determine that this pro- 
vision shall not be applicable. 



Supp. No. 12, November/December 2007 



43 



Election Campaigns - Campaign Finance 



Sec. 1.178. 



(2) If a candidate for Mayor or the Board of 
Supervisors is found by a court to have exceeded 
the Individual Expenditure CeiUng in this Chap- 
ter by ten percent or more at any time prior to 
his or her election, he or she is ineligible for 
election, unless the court specifically determines 
that this provision shall not be applicable. If 
feasible, the candidate's name shall be removed 
from the ballot. No candidate for Mayor or the 
Board of Supervisors who is found by a court to 
have exceeded the Individual Expenditure Ceil- 
ing in this Chapter by ten percent or more after 
his or her election shall be a candidate for any 
City elective office for a period of 5 years follow- 
ing the court's determination unless the court 
specifically determines that this provision shall 
not be applicable. The Ethics Commission may 
make a recommendation to the Board of Super- 
visors that a candidate found by a court to have 
exceeded the Individual Expenditure Ceiling in 
this Chapter by ten percent or more should be 
removed from office. 

(3) A plea of nolo contendere shall be deemed 
a conviction for purposes of this Section. (Added 
by Ord. 71-00, File No. 000358, App. 4/28/2000; 
renumbered and amended by Proposition O, 11/ 
7/2000; Ord. 141-03, File No. 030034, App. 6/27/ 
2003; Ord. 3-06, File No. 051439, App. 1/20/2006; 
Ord. 31-06, File No. 051773, App. 2/23/2006; Ord. 
228-06, File No. 060501, App. 9/14/2006; Ord. 
268-07, File No. 071003, App. 11/26/2007) 

(Derivation: Former Administrative Code Sec- 
tion 16.515; amended by Ord. 361-80, App. 8/5/ 
80; Proposition N, 11/7/95) 

SEC. 1.172. EXTENSION OF DEADLINES 
THAT FALL ON WEEKENDS AND 
HOLIDAYS. 

The Ethics Commission may, by regulation, 
extend any deadline imposed by this Chapter 
that falls on a Saturday, Sunday or holiday on 
which the Ethics Commission is authorized by 
law to close. (Added by Ord. 228-06, File No. 
060501, App. 9/14/2006) 

(Derivation: Former Administrative Code Sec- 
tion 1.172 was added by Ord. 71-00, File No. 



000358, App. 4/28/2000; renumbered by Proposi- 
tion O, 11/7/2000); repealed by Ord. 141-03, File 
No. 030034, App. 6/27/2003 

SEC. 1.174. EFFECT OF VIOLATION ON 
CERTIFICATION OF ELECTION 
RESULTS. 

The Director of Elections shall not issue any 
certificate of nomination or election to any can- 
didate until all of the candidate's campaign dec- 
larations, statements, or reports required under 
State and local law have been filed. (Added by 
Ord. 71-00, File No. 000358, App. 4/28/2000; 
renumbered by Proposition 0, 11/7/2000; amended 
by Ord. 141-03, File No. 030034, App. 6/27/2003) 
(Derivation: Former Administrative Code Sec- 
tion 16.517; amended by Ord. 114-76, App. 4/2/ 
76) 

SEC. 1.176. RULES OF CONSTRUCTION. 

This Chapter shall be construed liberally in 
order to effectuate its purposes. No error, irregu- 
larity, informality, neglect or omission of any 
officer in any procedure taken under this Chap- 
ter which does not directly affect the jurisdiction 
of the Board of Supervisors or the City and 
County to control campaign contributions shall 
avoid the effect of this Chapter. (Added by Ord. 
71-00, File No. 000358, App. 4/28/2000; renum- 
bered by Proposition O, 11/7/2000) 
(Derivation: Former Administrative Code Sec- 
tion 16.518; amended by Ord. 114-76, App. 4/2/ 
76) 

SEC. 1.178. SEVERABILITY. 

If any provision of this Chapter, or the appli- 
cation thereof to any person or circumstance, is 
held invalid, the validity of the remainder of the 
Chapter and the applicability of such provisions 
to other persons and circumstances shall not be 
affected thereby (Added by Ord. 71-00, File No. 
000358, App. 4/28/2000; renumbered by Proposi- 
tion O, 11/7/2000) 

(Derivation: Former Administrative Code Sec- 
tion 16.519; amended by Ord. 114-76, App. 4/2/ 
76) 
[The next page is 61] 



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Supp. No. 12, November/December 2007 



CHAPTER 2: RESERVED^ 

Sec. 1.200. Reserved. 

SEC. 1.200. RESERVED. 

Editor's Note: 

Ord. 228-06, File No. 060501, approved September 
14, 2006, repealed, § 1.200, which pertained to prohi- 
bition on multiple campaign accounts. (Added by Propo- 
sition E, 1 1/4/2003) 

(Former Section 1.200 added by Ord. 71-00, File 
No. 000358, App. 4/28/2000; repealed by Propo- 
sition E, 11/4/2003. Derivation: Former Section 8 
of Appendix K to the 1932 Charter) (Repealed by 
Ord. 228-06, File No. 060501, App. 9/14/2006) 



^Editor's Note: 

Ord. 228-06, File No. 060501, approved September 14, 2006, repealed, Ch. 2, § 1.200, which pertained to 
prohibition on multiple campaign accounts. 



[The next page is 71] 61 Supp. No. 2, October 2006 



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Supp. No. 2, October 2006 



CHAPTERS: [RESERVED] 



Sec. 1.300. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; repealed by Ord. 3-06, File No. 054139, 
App. 1/20/2006) (Derivation: Former Administra- 
tive Code Section 16.535; added by Ord. 131-93, 
App. 5/17/93) 

Sec. 1.305. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; amended by Ord. 192-03, File No. 
030994, App. 7/25/2003; repealed by Ord. 3-06, 
File No. 054139, App. 1/20/2006) (Derivation: 
Former Administrative Code Section 16.536; added 
by Ord. 131-93, App. 5/17/93) 

Sec. 1.310. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; amended by Ord. 192-03, File No. 
030994, App. 7/25/2003; repealed by Ord. 3-06, 
File No. 054139, App. 1/20/2006) (Derivation: 
Former Administrative Code Section 16.537; added 
by Ord. 131-93, App. 5/17/93) 

Sec. 1.312. 

(Added by Ord. 192-03, File No. 030994, App. 
7/25/2003; repealed by Ord. 3-06, File No. 054139, 
App. 1/20/2006) 

Sec. 1.315. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; amended by Ord. 192-03, File No. 
030994, App. 7/25/2003; repealed by Ord. 3-06, 
File No. 054139, App. 1/20/2006) (Derivation: 
Former Administrative Code Section 16.538; added 
by Ord. 131-93, App. 5/17/93) 

Sec. 1.320. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; repealed by Ord. 3-06, File No. 054139, 
App. 1/20/2006) (Derivation: Former Administra- 
tive Code Section 16.535; added by Ord. 131-93, 
App. 5/17/93) 



71 



San Francisco - Campaign and Governmental Conduct Code 72 



[The next page is 81] 



CHAPTER 4: RESERVED^ 



SEC. 1.400. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 16.548-1; added by Ord. 83-99, File No. 
981596, App. 4/23/99; repealed by Ord. 228-06, 
File No. 060501, App. 9/14/2006) 

SEC. 1.405. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 16.548-2; added by Ord. 83-99, File No. 
981596, App. 4/23/99; repealed by Ord. 228-06, 
File No. 060501, App. 9/14/2006) 

SEC. 1.410. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 16.548-3; added by Ord. 83-99, File No. 
981596, App. 4/23/99; repealed by Ord. 228-06, 
File No. 060501, App. 9/14/2006) 

SEC. 1.415. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 16.548-4 added by Ord. 83-99, File No. 
981596, App. 4/23/99; repealed by Ord. 228-06, 
File No. 060501, App. 9/14/2006) 

SEC. 1.420. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 16.548-5; added by Ord. 83-99, File No. 
981596, App. 4/23/99; repealed by Ord. 228-06, 
File No. 060501, App. 9/14/2006) 



SEC. 1.425. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 16.548-6; added by Ord. 83-99, File No. 
981596, App. 4/23/99; repealed by Ord. 228-06, 
File No. 060501, App. 9/14/2006) 



""Editor's Note: 

Ord. 228-06, File No. 060501, approved September 14, 2006, repealed, Ch. 4, in its entirety, which pertained to 
prohibition on false endorsements on campaign literature. 



[The next page is 91] 



81 



Supp. No. 2, October 2006 



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Supp. No. 2, October 2006 



CHAPTER 5: REGULATION OF CAMPAIGN CONSULTANTS 



Sec. 1.500. Findings. 

Sec. 1.510. Prohibitions. 

Sec. 1.515. Registration, Reregistration, 

Reporting, and Fees. 
Sec. 1.520. Powers and Duties of the Ethics 

Commission. 
Sec. 1.525. Administrative and Civil 

Enforcement, and Penalties. 
Sec. 1.530. Code of Conduct. 
Sec. 1.535. Severability. 
Sec. 1.540. Electronic Filing of Statements 

and Reports. 
Sec. 1.545. Construction with Other Laws. 

SEC. 1.500. FINDINGS. 

(a) The City and County of San Francisco 
has a paramount interest in protecting the in- 
tegrity and credibility of its electoral and govern- 
ment institutions. Election campaigns are highly 
competitive in San Francisco, and candidates 
frequently contract for the services of profes- 
sional campaign consultants who specialize in 
guiding and managing campaigns. 

(b) It is the purpose and intent of the people 
of the City and County of San Francisco in 
enacting this Chapter to impose reasonable reg- 
istration and disclosure requirements on cam- 
paign consultants. Required registration and dis- 
closure of information by campaign consultants 
will assist the public in making informed deci- 
sions, and protect public confidence in the elec- 
toral and governmental processes. (Added by 
Ord. 71-00, File No. 000358, App. 4/28/2000) 
(Derivation: Former Administrative Code Sec- 
tion 16.540; added by Proposition G, 11/4/97) 

SEC. 1.505. DEFINITIONS. 

Whenever used in this Chapter, the following 
definitions shall apply: 

(a) "Campaign consultant" means any per- 
son or entity that receives or is promised eco- 
nomic consideration equaling $1,000 or more in a 



calendar year for campaign consulting services. 
The term "campaign consultant" includes any 
person or entity that subcontracts with a cam- 
paign consultant to provide campaign consulting 
services, and that receives or is promised eco- 
nomic consideration equaling $1,000 or more in a 
calendar year for providing campaign consulting 
services. The term "campaign consultant" does 
not include persons who are employees of a 
campaign consultant, attorneys who provide only 
legal services, accountants who provide only ac- 
counting services, pollsters who provide only 
polling services, and treasurers who provide only 
those services which are required of treasurers 
by the Political Reform Act, California Govern- 
ment Code Section 81000, et seq. 

(b) "Campaign consulting services" means 
participating in campaign management or devel- 
oping or participating in the development of 
campaign strategy. 

(c) "Campaign management" means conduct- 
ing, coordinating or supervising a campaign to 
elect, defeat, retain or recall a candidate, or 
adopt or defeat a measure, including but not 
limited to hiring or authorizing the hiring of 
campaign staff and consultants, spending or 
authorizing the expenditure of campaign funds, 
directing, supervising or conducting the solicita- 
tion of contributions to the campaign, and select- 
ing or recommending vendors or subvendors of 
goods or services for the campaign. 

(d) "Campaig:Q strategy" means plans for 
the election, defeat, retention or recall of a can- 
didate, or for the adoption or defeat of a measure, 
including but not limited to producing or autho- 
rizing the production of campaign literature and 
print and broadcast advertising, seeking endorse- 
ments of organizations or individuals, seeking 
financing, or advising on public policy positions. 

(e) "Candidate" means a person who has 
taken affirmative action to seek nomination or 
election to local office, a local officeholder who 



91 



Sec. 1.505. 



San Francisco - Campaign and Governmental Conduct Code 



92 



has taken affirmative action to seek nomination 
or election to any elective office, or a local office- 
holder who is the subject of a recall election. 

(f) "Economic consideration" means any pay- 
ments, fees, commissions, reimbursements for 
expenses, gifts, or anything else of value. 

(g) "Lobby" means communicate with a lo- 
cal officeholder for the purpose of influencing 
local legislative or administrative action in ex- 
change for economic consideration. 

(h) "Lobbyist" is defined in Article II of this 
Code.* 

(i) "Local office" means the following elec- 
tive offices in the City and County of San Fran- 
cisco: Mayor, Board of Supervisors, City Attor- 
ney, District Attorney, Treasurer, Sheriff, Aissessor, 
Public Defender, Board of Education of the San 
Francisco Unified School District, and Govern- 
ing Board of the San Francisco Community Col- 
lege District. 

(j) "Measure" means a local referendum or 
local ballot measure, whether or not it qualifies 
for the ballot. 

(k) "Vendor" means a person or entity who 
sells goods or services, other than campaign 
consulting services, including but not limited to 
printing, catering, and transportation serv^ices. 
The term "vendor" does not include attorneys 
who provide only legal services, accountants who 
provide only accounting services, pollsters who 
provide only polling services, and treasurers who 
provide only those services which are required of 
treasurers by the Political Reform Act, Califor- 
nia Government Code Section 81000 et seq. 
(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) (Derivation: Former Administrative 
Code Section 16.541; added by Proposition G, 
11/4/97) 
^Editor's Note: 

The Regulation of Lobbyists Ordinance, which was 
previously codified at Administrative Code Section 
16.520, et seq., is now codified in Article 11 of this Code. 

SEC. 1.510. PROHIBITIONS. 

It shall be unlawful for any campaign con- 
sultant to provide campaign consulting services, 
or accept any economic consideration for the 



provision of campaign consulting services, with- 
out first registering with the Ethics Commission 
and compl3dng with the reporting requirements 
specified in Section 1.515. (Added by Ord. 71-00, 
File No. 000358, App. 4/28/2000) (Derivation: 
Former Administrative Code Section 16.542; added 
by Proposition G, 11/4/97) 

SEC. 1.515. REGISTRATION, 
REREGISTRATION, REPORTING, AND 
FEES. 

(a) REGISTRATION REPORTS. At the time 
of initial registration, each campaign consultant 
shall report to the Ethics Commission the follow- 
ing information: 

(1) The name, business address and busi- 
ness phone number of the campaign consultant; 

(2) If the campaign consultant is an indi- 
vidual, the name of the campaign consultant's 
employer and a description of the business activ- 
ity engaged in by the employer; 

(3) The names of any individuals employed 
by the campaign consultant to assist in provid- 
ing campaign consulting services; 

(4) A statement of whether the campaign 
consultant is required to register with the Ethics 
Commission pursuant to the Regulation of Lob- 
byists Ordinance, San Francisco Campaign and 
Governmental Conduct Code, Article II;* 

(5) A statement of whether the campaign 
consultant is required to register with the Tax 
Collector pursuant to the Business Tax Ordi- 
nance, San Francisco Municipal Code, Part III, 
Section 1001, et. seq.; 

(6) The name, address, and telephone num- 
ber of each client to whom the campaign consult- 
ant provided campaign consulting services dur- 
ing the preceding three months; 

(7) For each client, the total economic con- 
sideration promised by or received from the 
client in exchange for the provision of campaign 
consulting services during the preceding three 
months, provided that the total is $500 or more; 

(8) Each political contribution of $100 or 
more made or delivered by the campaign consult- 
ant, or made by a client at the behest of the 
campaign consultant, or for which the campaign 



93 



Election Campaigns - Regulation of Campaign Consultants 



Sec. 1.515. 



consultant acted as an agent or intermediary, 
during the preceding three months in support of 
or in opposition to a candidate or measure; 

(9) The cumulative total of all political con- 
tributions made or delivered by the campaign 
consultant, or which is made by a client at the 
behest of the campaign consultant, or for which 
the campaign consultant acted as an agent or 
intermediary, during the preceding three months 
in support of or in opposition to each individual 
candidate or measure, provided that the cumu- 
lative total is $500 or more; 

(10) Any gifts promised or made by the 
campaign consultant to a local officeholder dur- 
ing the preceding three months which in the 
aggregate total $50 or more; and 

(11) Any other information required by the 
Ethics Commission consistent with the purposes 
and provisions of this Chapter. 

(b) REREGISTRATION REPORTS. Each 
campaign consultant shall reregister annually 
no later January 1st. 

(c) FEES. At the time of initial registration 
and reregistration, each campaign consultant 
shall pay to the Ethics Commission a registra- 
tion fee and an additional fee for each client of 
the campaign consultant. The amount of the fee 
shall be: 

(i) Campaign consultants earning at least 
$1,000 but not more than $5,000 per calendar 
year shall pay a registration fee of $50 and shall 
pay a client fee of $50 per client; 

(ii) Campaign consultants earning more than 
$5,000 but not more than $20,000 per calendar 
year shall pay a registration fee of $200 and a 
client fee of $50 per client; 

(iii) Campaign consultants earning more 
than $20,000 per calendar year shall pay a 
registration fee of $400 and a client fee of $50 per 
client. 

When a client is acquired subsequent to 
initial registration or reregistration, the per cli- 
ent fee shall be paid at the time of filing the 
information required by Subsection (d). The Eth- 
ics Commission shall deposit fees collected pur- 
suant to this Section in the General Fund of the 
City and County of San Francisco. On or after 



July 1, 1999, the Ethics Commission shall evalu- 
ate the fees set by this Section and propose any 
amendments for approval by the Board of Super- 
visors no later than December 1, 1999. If the 
Ethics Commission or the Board of Supervisors 
takes no action, the fees set by this Section shall 
remain in effect. 

(d) CLIENT AUTHORIZATION STATE- 
MENTS. At the time of initial registration, the 
campaign consultant shall submit to the Ethics 
Commission a written authorization from each 
client that contracts with the campaign consult- 
ant for campaign consulting services. 

If the campaign consultant is retained by a 
client after the date of initial registration, the 
campaign consultant must file a Client Authori- 
zation Statement before providing any campaign 
consulting services to the client and before re- 
ceiving any economic consideration from the 
client in exchange for campaign consulting ser- 
vices, and in any event no later than 15 days 
after being retained to provide campaign consult- 
ing services to the client. 

(e) QUARTERLY REPORTS. Each cam- 
paign consultant shall file with the Ethics Com- 
mission quarterly reports containing the follow- 
ing information: 

(1) For each client, the total economic con- 
sideration promised by or received from the 
client during the reporting period for campaign 
consulting services, provided that the total is 
$500 or more; 

(2) The total economic consideration prom- 
ised by or received from all clients during the 
reporting period for campaign consulting ser- 
vices; 

(3) Political contributions of $100 or more 
made or delivered by the campaign consultant, 
or made by a client at the behest of the campaign 
consultant, or for which the campaign consultant 
acted as an agent or intermediary, during the 
reporting period in support of or in opposition to 
a candidate or measure; 

(4) The cumulative total of all political con- 
tributions made or delivered by the campaign 
consultant, or made by a client at the behest of 
the campaign consultant, or for which the cam- 



Sec. 1.515. 



San Francisco - Campaign and Governmental Conduct Code 



94 



paign consultant acted as an agent or interme- 
diary, during the reporting period in support of 
or in opposition to each individual candidate or 
measure, provided that the cumulative total is 
$500 or more; 

(5) Any gifts promised or made by the cam- 
paign consultant to a local officeholder during 
the reporting period which in the aggregate total 
$50 or more; 

(6) Economic consideration promised to or 
received by the campaign consultant during the 
reporting period from vendors and subvendors 
who provided campaign-related goods or services 
to a current client of the campaign consultant; 

(7) The name of each local officeholder and 
City employee who is employed by the campaign 
consultant, or by a client of the campaign con- 
sultant at the behest of the campaign consultant, 
during the reporting period; 

(8) Each City contract obtained by the cam- 
paign consultant during the reporting period, 
provided that the contract is approved by a local 
officeholder who is a client of the campaign 
consultant; 

(9) Each appointment to public office re- 
ceived by the campaign consultant during the 
reporting period, provided that the appointment 
is made by a local office-holder who is a client of 
the campaign consultant; 

(10) Any other information required by the 
Ethics Commission consistent with the purposes 
and provisions of this Chapter. 

Quarterly reports are due as follows: The 
report for the period starting December 1st and 
ending February 28th is due March 15th; the 
report for the period starting March 1st and 
ending May 31st is due June 15th; the report for 
the period starting June 1st and ending August 
31st is due September 15th; and the report for 
the period starting September 1st and ending 
November 30th is due December 15th. 

(f) CLIENT TERMINATION STATEMENTS. 
Within 30 days after a client terminates the 
services of a campaign consultant, the campaign 
consultant shall submit to the Ethics Commis- 
sion a statement that the client has terminated 
the services of the campaign consultant. A cam- 



paign consultant may not provide campaign con- 
sulting services to a client or accept economic 
consideration for the provision of campaign con- 
sulting services after a client termination state- 
ment is filed, until a new client authorization 
statement has been filed pursuant to Section 
1.515(d). 

(g) CAMPAIGN CONSULTANT TERMINA- 
TION STATEMENTS. A campaign consultant 
shall comply with all requirements of this Chap- 
ter until the campaign consultant ceases all 
activity as a campaign consultant and files a 
statement of termination with the Ethics Com- 
mission. A statement of termination must in- 
clude all information required by Subsection (e) 
for the period since the campaign consultant's 
last quarterly report. 

(h) Each campaign consultant shall verify, 
under penalty of perjury, the accuracy and com- 
pleteness of the information provided under Sec- 
tions 1.515 and 1.520(c). 

(i) Each campaign consultant shall retain 
for a period of five years all books, papers and 
documents necessary to substantiate the reports 
and statements required under this Chapter. 
(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) (Derivation: Former Administrative 
Code Section 16.543; added by Proposition G, 
11/4/97) 
mditor's Note: 

The Regulation of Lobbyists Ordinance, which was 
previously codified at Administrative Code Section 
16.520, et seq., is now codified in Article II of this Code. 

SEC. 1.520. POWERS AND DUTIES OF 
THE ETHICS COMMISSION. 

(a) The Ethics Commission shall provide 
forms for the reporting of all information re- 
quired by this Chapter. 

(b) The Ethics Commission shall issue a 
registration number to each registered campaign 
consultant. 

(c) At the time of initial registration and 
reregistration, the Ethics Commission shall pro- 
vide the campaign consultant with a copy of the 
City's campaign and lobbyist laws, the Code of 
Conduct specified in Section 1.530, and any 



95 



Election Campaigns - Regulation of Campaign Consultants 



Sec. 1.525. 



related material which the Commission deter- 
mines will serve the purposes of this Chapter. 
Each campaign consultant must sign a state- 
ment acknowledging receipt of these materials. 

(d) The Ethics Commission shall compile 
the information provided in registration and 
quarterly reports filed pursuant to this Chapter 
as soon as practicable after the close of each 
quarter and shall forward a report of the com- 
piled information to the Board of Supervisors 
and the Mayor. 

(e) The Ethics Commission shall preserve 
all original reports, statements, and other records 
required to be kept or filed under this Chapter 
for a period of five years. Such reports, state- 
ments, and records shall constitute a part of the 
public records of the Ethics Commission and 
shall be open to public inspection. 

(f) The Commission shall provide formal 
and informal advice regarding the duties under 
this Chapter of a person or entity pursuant to the 
procedures specified in San Francisco; Charter 
Section C3.699-12. 

(g) The Ethics Commission shall have the 
power to adopt all reasonable and necessary 
rules and regulations for the implementation of 
this Chapter pursuant to the procedure specified 
in Charter Section 15.102.* (Added by Ord. 71- 
00, File No. 000358, App. 4/28/2000) (Derivation: 
Former Administrative Code Section 16.544; added 
by Proposition G, 11/4/97) 

^Editor's Note: 

The Ethics Commission's authority to adopt rules 
and regulations was previously codified as Charter 
Section 3.699-9. Under Proposition E, adopted by the 
San Erancisco voters on November 7, 1995, Charter 
Section 3.699-9 was recodified as Charter Section 
15.102. Accordingly, references to Section 3.699-9 have 
been changed to Section 15.102. 

SEC. 1.525. ADMINISTRATIVE AND 
CIVIL ENFORCEMENT, AND PENALTIES. 

(a) If any campaign consultant files an origi- 
nal statement or report after any deadline im- 
posed by this Chapter, the Ethics Commission 
shall, in addition to any other penalties or rem- 
edies established in this Chapter, fine the cam- 
paign consultant $50 per day after the deadline 



until the statement or report is received by the 
Ethics Commission. If any campaign consultant 
files an original statement or report after any 
deadline imposed by this Chapter, when the 
deadline is fewer than 30 days before or after an 
election, the Ethics Commission shall, in addi- 
tion to any other penalties or remedies estab- 
lished in this Chapter, fine the campaign consult- 
ant $100 per day after the deadline until the 
statement or report is received by the Ethics 
Commission. The Ethics Commission may re- 
duce or waive a fine if the Commission deter- 
mines that the late filing was not willful and that 
enforcement will not further the purposes of this 
Chapter. The Ethics Commission shall deposit 
funds collected under this Section in the General 
Fund of the City and County of San Francisco. 

(b) Any person who believes that Section 
1.510 has been violated may file a complaint 
with the Ethics Commission. Upon receipt of a 
complaint, or upon its own initiative, the Com- 
mission may investigate allegations of a viola- 
tion of Section 1.510 and enforce the provisions 
of Section 1.510 pursuant to the procedures 
established in San Francisco Charter Section 
C3. 699-13, and the Commission's rules and regu- 
lations adopted pursuant to Charter Section 
15.102.* 

(c) When the Commission, pursuant to the 
procedures specified in Charter Section C3.699- 
13, determines on the basis of substantial evi- 
dence that a person or entity has violated Section 
1.510, the Commission may require the person 
or entity to: (1) cease and desist the violation; (2) 
file any reports or statements or pay any fees 
required by this Chapter, and/or (3) pay a mon- 
etary penalty of up to $5,000 for each violation, 
or three times the amount not properly reported, 
whichever is greater. The Commission may can- 
cel for up to one year the registration of any 
campaign consultant who has violated Section 
1.510. A campaign consultant whose registration 
has been canceled pursuant to this Section may 
not provide campaign consulting services in ex- 
change for economic consideration for the period 
that the registration is canceled. When the pe- 



Sec. 1.525. 



San Francisco - Campaign and Governmental Conduct Code 



96 



riod of cancellation ends, the campaign consult- 
ant may reregister pursuant to Section 1.515(a) 
and (c). 

(d) iVny person or entity which knowingly or 
negligently violates or who causes any other 
person to violate Section 1.510 may be liable in a 
civil action brought by the City Attorney for an 
amount up to $5,000 per violation, or three times 
the amount not properly reported, whichever is 
greater. 

(e) Any person or entity which intentionally 
or negligently violates Section 1.510 is guilty of a 
misdemeanor. 

(f) No administrative, civil, or criminal ac- 
tion shall be maintained to enforce Section 1.510 
unless brought within four years after the date 
the cause of action accrued or the date that the 
facts constituting the cause of action were dis- 
covered by the Ethics Commission, City Attor- 
ney, or District Attorney, whichever is later. 

(g) In investigating any alleged violation of 
Section 1.510, the Ethics Commission and City 
Attorney shall have the power to inspect, upon 
reasonable notice, all documents required to be 
maintained under Section 1.515(i). This power to 
inspect documents is in addition to other powers 
conferred on the Ethics Commission and City 
Attorney by the Charter, or by ordinance, inchid- 
ing the power of subpoena. (Added by Ord. 71-00, 
File No. 000358, App. 4/28/2000) (Derivation: 
Former Administrative Code Section 16.545; added 
by Proposition G, 11/4/97) 

^Editor's Note: 

The Ethics Commission's authority to adopt rules 
and regulations was previously codified as Charter 
Section 3.699-9. Under Proposition E, adopted by the 
San Francisco voters on November 7, 1995, Charter 
Section 3.699-9 was recodified as Charter Section 
15.102. Accordingly, references to Section 3.699-9 have 
been changed to Section 15.102. 

SEC. 1.530. CODE OF CONDUCT. 

At the time of initial registration and rereg- 
istration, each campaign consultant must elect 
whether to voluntarily comply with the following 
Code of Conduct: 

"I am familiar with all the laws, rules and 
regulations applicable to local campaigns; 



"I will not knowingly make false statements 
about the qualifications or positions of any can- 
didate, or about the scope and effect of any 
measure; 

"I will not knowingly make false statements 
that any real or fictitious person supports or 
opposes a candidate or measure; 

"In the event that I make inadvertent false 
statements about the qualifications or positions 
of any candidate or about the scope and effect of 
any measure, I will endeavor to provide cor- 
rected information in written form to the Ethics 
Commission within five days; 

"I will refrain from appealing to prejudice in 
the conduct of a campaign, and from conducting, 
managing or advising a campaign, which ap- 
peals to prejudice based on race, gender, ethnic 
background, religious affiliation or nonaffilia- 
tion, sexual orientation, age, disability, or eco- 
nomic status; 

"I will refrain from seeking to obtain the 
support of or opposition to any candidate or 
measure by the use of financial inducements or 
by the use of threats or coercion; 

"I will refrain from influencing the submis- 
sion of a measure to the San Francisco voters for 
the sole purpose of obtaining economic consider- 
ation for campaign consulting services; 

"I will disclose through a filing at the San 
Francisco Ethics Commission any agreements 
that would result in a campaign consulting con- 
tract resulting from my efforts to influence the 
submission of a measure to the San Francisco 
voters at the time that I seek submission of any 
such measure; 

"I will refrain from seeking to evade, or 
participating in efforts of others to evade, the 
legal requirements in laws pertaining to political 
campaigns; 

"I will not knowingly participate in the prepa- 
ration, dissemination, or broadcast of paid politi- 
cal advertising or campaign materials that con- 
tain false information; and 

"I will refrain from accepting clients whose 
interests are adverse to each other." (Added by 
Ord. 71-00, File No. 000358, App. 4/28/2000) 
(Derivation: Former Administrative Code Sec- 
tion 16.546; added by Proposition G, 11/4/97) 



97 



Election Campaigns - Regulation of Campaign Consultants 



Sec. 1.545. 



SEC. 1.535. SEVERABILITY. 

If any Section, subsection, subdivision, sen- 
tence, clause, phrase or portion of this Chapter, 
or the apphcation thereof to any person or entity 
is for any reason held to be invalid or unconsti- 
tutional by the decision of any court of competent 
jurisdiction, such decision shall not affect the 
validity of the remaining portions of this Chap- 
ter or its application to other persons, business 
entities, or organizations. The Board of Supervi- 
sors hereby declares that it would have adopted 
this Chapter, and each Section, subsection, sub- 
division, sentence, clause, phrase or portion 
thereof, irrespective of the fact that any one or 
more Sections, subsections, subdivisions, sen- 
tences, clauses, phrases, or portions, or the ap- 
plication thereof to any person or entity, to be 
declared invalid or unconstitutional. (Added by 
Ord. 71-00, File No. 000358, App. 4/28/2000) 
(Derivation: Former Administrative Code Sec- 
tion 16.547; added by Proposition G, 11/4/97) 

SEC. 1.540. ELECTRONIC FILING OF 
STATEMENTS AND REPORTS. 

(a) ELECTRONIC FILLING REQUIRED. 
Whenever campaign consultants are required by 
this Chapter to file an original statement or 
report, the Ethics Commission may require the 
consultants to file an electronic copy of the 
statement or report. The electronic copy shall be 
due no later than the deadline imposed by this 
Chapter for filing the original statement or re- 
port. 

(b) POWERS AND DUTIES OF THE ETH- 
ICS COMMISSION. 

(i) Pursuant to San Francisco Charter Sec- 
tion 15.102, the Ethics Commission shall adopt 
regulations specifying the electronic filing re- 
quirements applicable to campaign consultants. 
The Ethics Commission shall adopt these regu- 
lations no fewer than 120 days before the elec- 
tronic filing requirements are effective. 

(ii) The Ethics Commission shall prescribe 
the format for electronic copies of statements 
and reports no fewer than 90 days before the 
statements and reports are due to be filed. 



(c) PENALTIES. If any campaign consult- 
ant files an electronic copy of a statement or 
report after the deadline imposed by this Sec- 
tion, the Ethics Commission shall, in addition to 
any other penalties or remedies established in 
this Chapter, fine the campaign consultant $10 
per day after the deadline until the electronic 
copy is received by the Ethics Commission. The 
Ethics Commission may reduce or waive a fine if 
the Commission determines that the late filing 
was not willful and that enforcement will not 
further the purposes of this Chapter. The Ethics 
Commission shall deposit funds collected under 
this Section in the General Fund of the City and 
County of San Francisco. (Added by Ord. 223-00, 
File No. 000742, App. 9/29/2000) 

SEC. 1.545. CONSTRUCTION WITH 
OTHER LAWS. 

Lobbying by campaign consultants and em- 
ployees of campaign consultants is governed by 
the applicable provisions of Article II, Chapter 1 
of this Code, including Section 2.117, which 
prohibits campaig:Q consultants and employees 
of campaign consultants from communicating 
with current and former clients on behalf of 
another person or entity for the purpose of influ- 
encing local legislative or administrative action 
in exchange for economic consideration. (Added 
by Ord. 28-04, File No. 031656, App. 2/20/2004) 



Sec. 1.545. San Francisco - Campaign and Governmental Conduct Code 98 




[The next page is 151] 



ARTICLE II: LOBBYING 
Chapter Page 

1. REGULATION OF LOBBYISTS 153 




151 



San Francisco - Campaign and Governmental Conduct Code 152 



[INTENTIONALLY LEFT BLANK] 



CHAPTER 1: REGULATION OF LOBBYISTS 



Sec. 2.100. Findings. 

Sec. 2.105. Definitions. 

Sec. 2.110. Registration of Lobbyists 

Required; Registration, 

Reregistration, Quarterly 

Reports; Fees; Client 

Authorization; Termination. 
Sec. 2.115. Prohibitions. 
Sec. 2.117. Lobb3dng by Campaign 

Consultants. 
Sec. 2.120. Employment of City and County 

Officers or Employees; 

Appointment of Employee to 

City and County Office. 
Sec. 2.125. Notification of Beneficiaries of 

Gifts. 
Sec. 2.130. Emplojnnent of Unregistered 

Persons. 
Sec. 2.135. Filing Under Penalty of Perjury; 

Retention of Documents. 
Sec. 2.140. Powers and Duties of the Ethics 

Commission. 
Sec. 2.145. Administrative and Civil 

Enforcement and Penalties. 

Sec. 2.150. Limitation of Actions. 

Sec. 2.155. Severability. 

Sec. 2.160. Electronic Filing of Statements 
and Reports. 

SEC. 2.100. FINDINGS. 

(a) The Board of Supervisors finds that pub- 
lic disclosure of the identity and extent of efforts 
of lobbyists to influence decision-making regard- 
ing local legislative and administrative matters 
is essential to protect public confidence in the 
responsiveness and representative nature of gov- 
ernment officials and institutions. It is the pur- 
pose and intent of the Board of Supervisors to 
impose on lobbyists reasonable registration and 
disclosure requirements to reveal information 
about lobbyists' efforts to influence decision- 
making regarding local legislative administra- 
tive matters. 



(b) Corruption and the appearance of cor- 
ruption in the form of campaign consultants 
exploiting their influence with City officials on 
behalf of private interests may erode public 
confidence in the fairness and impartiality of 
City governmental decisions. The City and County 
of San Francisco has a paramount interest in 
preventing corruption or the appearance of cor- 
ruption which could result in such erosion of 
public confidence. Prohibitions on campaign con- 
sultants lobbying current and former clients will 
protect public confidence in the electoral and 
governmental processes. It is the purpose and 
intent of the people of the City and County of San 
Francisco in enacting this Chapter to prohibit 
campaign consultants from exploiting or appear- 
ing to exploit their influence with City officials 
on behalf of private interests. (Added by Ord. 
71-00, File No. 000358, App. 4/28/2000; amended 
by Ord. 28-04, File No. 031656, App. 2/20/2004) 
(Derivation: Formier Administrative Code Sec- 
tion 16.520; added by Ord. 19-99, App. 2/19/99) 

SEC. 2.105. DEFINITIONS. 

Whenever used in this Chapter, the following 
words and phrases shall have the definitions 
provided in this Section: 

(a) 'Activity expenses" means any expense 
incurred or payment made by a lobbyist or a 
lobbyist's client at the behest of the lobbyist, or 
arranged by a lobbyist or a lobbyist's client at the 
behest of the lobbyist, which benefits in whole or 
in part any: officer of the City and County; 
candidate for City and County office; aide to a 
member of the Board of Supervisors; or member 
of the immediate family or the registered domes- 
tic partner of an officer, candidate, or aide to a 
member of the Board of Supervisors. An expense 
or payment is not an "activity expense" unless it 
is incurred or made within three months of a 
contact with the officer, candidate, or Supervisor's 
aide who benefits from the expense or payment, 
or whose immediate family member or regis- 



153 



Sec. 2.105. 



San Francisco - Campaign and Governmental Conduct Code 



154 



tered domestic partner benefits from the expense 
or payment. "Activity expenses" include gifts, 
honoraria, consulting fees, salaries, and any other 
form of economic consideration totaling more 
than $30 in value in a consecutive three-month 
period, but do not include political contributions. 

(b) "Candidate" means a person who has 
taken affirmative action to seek nomination or 
election to local office, a local officeholder who 
has taken affirmative action to seek nomination 
or election to any elective office, or a local office- 
holder who is the subject of a recall election. 

(c) "Client" means the person for whose 
benefit lobbyist services are performed by a 
contract lobbyist. 

(d) "Contact" means communicate, orally or 
in writing, including communication through an 
agent, associate or employee, for the purpose of 
influencing or attempting to influence local leg- 
islative or administrative action. 

(1) The following activities are not "con- 
tracts" within the meaning of this Chapter. 

(A) A public official acting in the public 
official's official capacity. For purposes of this 
Subsection, "public official" includes an elected 
or appointed official or employee, or officially 
designated representative of the United States, 
the State of California, or any political subdivi- 
sion thereof. For purposes of this Subsection, 
"public official" also includes persons appointed 
to serve on City and County advisory committees 
and City and County task forces; 

(B) A representative of a news media orga- 
nization gathering news and information or dis- 
seminating the same to the public, even if the 
organization, in the ordinary course of business, 
publishes news items, editorials or other com- 
mentary, or paid advertisements, that urge ac- 
tion upon local legislative or administrative mat- 
ters; 

(C) A person providing oral or written tes- 
timony that becomes part of the record of a 
public hearing; provided, however, that if the 
person making the appearance or providing tes- 
timony has already qualified as a lobbyist under 
this Chapter and is appearing or testifying on 



behalf of a client, the lobbyist's testimony shall 
identify the client on whose behalf the lobbyist is 
appearing or testifying; 

(D) A person acting on behalf of others in 
the performance of a duty or service, which duty 
or service lawfully can be performed for such 
other only by an attorney or an architect licensed 
to practice in the State of California, and includ- 
ing any communication by an attorney in connec- 
tion with litigation involving the City and County 
or a claim filed pursuant to Administrative Code 
Section 10.20-1 et seq.; 

(E) A person making a speech or producing 
any Chapter, publication or other material that 
is distributed and made available to the public, 
through radio, television, cable television, or 
other medium of mass communication; 

(F) A person providing written information 
in response to an oral or written request made by 
an officer of the City and County, provided that 
the written information is a public record avail- 
able for public review; 

(G) A person providing oral or written infor- 
mation pursuant to a subpoena, or otherwise 
compelled by law or regulation; 

(H) A person providing oral or written in- 
formation in response to a request for proposals, 
request for qualifications, or other similar re- 
quest, provided that the information is directed 
to the department or official specifically desig- 
nated in the request to receive such information; 

(I) A person submitting a written petition 
for local legislative or administrative action, pro- 
vided that the petition is a public record avail- 
able for public review; 

(J) A person making an oral or written 
request for a meeting, for the status of an action, 
or any other similar administrative request, if 
the request does not include an attempt to influ- 
ence local legislative or administrative action; 

(K) A person appearing before an officer of 
the City and County pursuant to any procedure 
established by law or regulation for levying an 
assessment against real property for the construc- 
tion or maintenance of an improvement; 



155 



Lobbying - Regulation of Lobbyists 



Sec. 2.105. 



(L) An expert employed or retained by a 
lobbyist registered under this Chapter to provide 
information to an officer of the City and County; 

(M) A person distributing to any officer of 
the City and County any regularly published 
newsletter or other periodical which is not pri- 
marily directed at influencing local legislative or 
administrative action; 

(N) A person disseminating information or 
material to all or a significant segment of the 
person's employees or members; 

(O) A person communicating in connection 
with the administration of an existing contract 
between the person and the City and County of 
San Francisco. For purposes of this Subsection, 
communication, "in connection with the admin- 
istration of an existing contract" includes, but is 
not limited to, communication regarding: insur- 
ance and bonding; contract performance and/or 
default; requests for in-scope change orders; leg- 
islative mandates imposed on contractors by the 
City and County; payments and invoicing; per- 
sonnel changes; prevailing wage verification; liq- 
uidated damages and other penalties for breach 
of contract; audits; assignments; and subcontract- 
ing. Communication "in connection with the ad- 
ministration of an existing contract" does not 
include communication regarding new contracts, 
or out-of-scope change orders; and 

(P) A person applying for, opposing or oth- 
erwise taking any position on a grading permit 
or a permit relating to the construction, alter- 
ation, demolition or moving of a building or to a 
person filing, opposing or otherwise taking a 
position on a parcel map or subdivision tract 
map; provided, however, that if a person quali- 
fies as a lobbyist and that person takes or op- 
poses an appeal or represents a person taking or 
opposing an appeal, pursuant to any procedure 
or authority provided by law from an adminis- 
trative determination made with respect to such 
an application or map, that person shall be 
required to register as provided in Section 2.110 
upon taking the appeal or filing opposition to it. 

(e) "Economic consideration" means any pay- 
ments, fees, reimbursement for expenses, gifts, 
or anything else of value. 



(f) "Ethics Commission" means the San Fran- 
cisco Ethics Commissioner or its designee. 

(g) "Filer" means a person who qualifies as 
a lobb3dst under Subsection (i) of this Section. 

(h) "Gift" shall be defined as set forth in the 
Political Reform Act, Government Code Section 
81000 et seq., and the regulations adopted there- 
under. 

(i) "Lobbyist" means the following: 

(1) Contract Lobbjdst. 

(A) "Contract lobbyist" means any person 
who contracts for economic consideration to con- 
tact any officer of the City and County of San 
Francisco on behalf of any other person, and 
who: 

(i) Receives or becomes entitled to receive 
at least $3,200 in economic consideration within 
any three consecutive calendar months in ex- 
change for lobbyist services; or 

(ii) Has at least 25 separate contacts with 
officers of the City and County within any two 
consecutive calendar months. 

(B) For purposes of calculating whether a 
person has reached the income threshold set 
forth in (l)(A)(i) of this Subsection, all economic 
consideration the person has received or become 
entitled to receive, during the three consecutive 
calendar months, from all clients in exchange for 
lobbyist services shall be combined. 

(C) For purposes of calculating whether a 
person has reached the contacts threshold set 
forth in (l)(A)(ii) of this Subsection, all contacts 
with officers of the City and County that were 
made by the person during the two preceding 
calendar months on behalf of all clients shall be 
combined. 

(2) Business and Organization Lobbyist. 

(A) "Business and organization lobbyist" 
means any business or organization any of whose 
employees or members, as a regular part of their 
employment or duties, contact officers of the City 
and County of San Francisco on behalf of that 
business or organization, provided: 

(i) The business or organization compen- 
sates its emp)loyees or members, at any amount, 
for their lobbyist services on its behalf; and 



Sec. 2.105. 



San Francisco - Campaign and Governmental Conduct Code 



156 



(ii) The compensated employees or mem- 
bers have a total of at least 25 separate contacts 
with officers of the City and County within any 
two consecutive calendar months. Contacts made 
by an employee or member who merely indicates 
his or her affiliation or identification with the 
business or organization, but who does not rep- 
resent the official position of the business or 
organization shall not be included in this calcu- 
lation. 

(3) Expenditure Lobbyist. 

(A) "Expenditure lobbyist" means any per- 
son who makes payments to influence local leg- 
islative or administrative action totaling $3,200 
or more in value within any three consecutive 
calendar months. 

(B) The following shall not be included in 
calculating payments under (3)(A) of this Sub- 
section: economic consideration paid to any per- 
son in exchange for lobbyist services; and dues 
payments, donations, and other economic consid- 
eration paid to any business and organization 
lobb3dst or expenditure lobb5dst, regardless of 
whether the economic consideration is used in 
whole or in part to influence local legislative or 
administrative action. 

(4) Exemptions. No person shall qualify as 
a "lobbjdst" within the meaning of this Chapter 
by reason of activities described in Subsection 
(d)(1) of Section 2.105. 

(j) "Lobbjrist services" means services ren- 
dered for the purpose of influencing or attempt- 
ing to influence local legislative or administra- 
tive action, including but not limited to contacts 
with officers of the City and County of San 
Francisco. "Lobbyist services" shall not include 
activities described in Subsection (d)(1) of Sec- 
tion 2.105, other than Subsection (d)(1)(C) of 
Section 2.105. 

(k) "Local legislative or administrative ac- 
tion" includes, but is not limited to, the drafting, 
introduction, consideration, modification, enact- 
ment, defeat, approval, veto, granting or denial 
by any officer of the City and County of any 
resolution, motion, appeal, application, petition, 
nomination, ordinance, amendment, approval, 
referral, permit, license or entitlement to use. 



"Local legislative or administrative action" does 
not include by any officer of the City and County 
which adjudicates the rights and/or duties of a 
single person or group of persons, other than a 
proceeding described in Subsection (d)(l)(K) of 
Section 2.105. 

(1) "Measure" means a local referendum or 
local ballot measure, whether or not it qualifies 
for the ballot. 

(m) "Officer of the City and County" means 
any officer identified in San Francisco Adminis- 
trative Code Section 1.50, as well as any official 
body composed of such officers. In addition, for 
purposes of this Chapter, "officer of the City and 
County" includes members of the Board of Edu- 
cation, Community College Board, Housing Au- 
thority, Redevelopment Agency, and Transporta- 
tion Authority, as well as any official body 
composed of such officers. 

(n) "Payments to influence local legislative 
or administrative action" include actual or prom- 
ised payments of anj^hing of value, whether or 
not legally enforceable, made in consideration 
for influencing or attempting to influence local 
legislative or administrative action. Such pay- 
ments include payments for contacts with offi- 
cers of the City and County as well as other 
lobbjdst services. Such payments shall not in- 
clude the following: 

(1) Payments for services that are solely 
secretarial, clerical, or manual, or are limited 
solely to the compilation of data and statistics; 

(2) Payments for any regular, ongoing busi- 
ness overhead that would continue to be in- 
curred in substantially similar amounts regard- 
less of the filer's activities to influence local 
legislative or administrative action, other than 
payments to lobbyists, employees or members for 
lobbjdst services; 

(3) Pajrments for soliciting or urging the 
filer or the filer's employees or members to 
contact officers of the City and County; 

(4) Payments for the settlement or resolu- 
tion of litigation or claims filed pursuant to 
Administrative Code Section 10.20-1 et seq.; or 



157 



Lobbying - Regulation of Lobbyists 



Sec. 2.110. 



(5) Pa3rments for activities described in Sub- 
section (d)(1) of Section 2.105, other than Sub- 
sections (d)(1)(C), (L) and (P) of Section 2.105. 

(0) "Person" means an individual, partner- 
ship, corporation, association, firm or other or- 
ganization or entity, however organized. 

(p) "PubUc hearing" means any open, no- 
ticed proceeding. (Added by Ord. 71-00, File No. 
000358, App. 4/28/2000) (Derivation: Former Ad- 
ministrative Code Section 16.521; added by Ord. 
19-99, App. 2/19/99) 

SEC. 2.110. REGISTRATION OF 
LOBBYISTS REQUIRED; REGISTRATION, 
REREGISTRATION, QUARTERLY 
REPORTS; FEES; CLIENT 
AUTHORIZATION; TERMINATION. 

(a) REGISTRATION OF LOBBYISTS RE- 
QUIRED. No person who qualifies as a contract 
or business or organization lobbjdst shall contact 
any officer of the City and County, and no person 
who qualifies as an expenditure lobbyist shall 
make pa3rments to influence local legislative or 
administrative action, without first registering 
with the Ethics Commission and complying with 
the disclosure requirements imposed by this Chap- 
ter. 

(b) REGISTRATION REPORTS. At the time 

of initial registration each filer shall report to 
the Ethics Commission the following informa- 
tion: 

(1) The name, business address and busi- 
ness phone number of the filer; 

(2) If the filer is a contract lobbyist, the filer 
shall also report the following: 

(A) If the filer is an entity, the name of each 
individual who is an owner, partner or officer of 
the filer as follows: 

(i) If the filer is a sole proprietorship, list 
the name of the sole proprietor; 

(ii) If the filer is a corporation, however 
organized, list the name of each officer; 

(iii) If the filer is a partnership, however 
organized, and if the partnership has 10 or more 
partners, list the name of the partnership; or 



(iv) If the filer is a partnership, however 
organized, and if the partnership has fewer than 
10 partners, list the name of each partner. 

(B) If the filer is an individual, the name of 
the filer's employer and a description of the 
employer's business activity; 

(C) The name of each person employed or 
retained by the filer, at the time of filing or at 
any time during the two months immediately 
preceding filing, to contact officers of the City 
and County; 

(D) The name, address, and telephone num- 
ber of each current client and each client on 
whose behalf the filer provided lobbyist services 
during the preceding two months; 

(E) The total economic consideration prom- 
ised by or received from clients during the pre- 
ceding two months in exchange for lobbyist ser- 
vices; 

(F) The total number of contacts with offi- 
cers of the City and County made during the 
preceding two months; and 

(G) For each current client, and each client 
on whose behalf the filer provided lobbyist ser- 
vices during the preceding two months, describe 
the local legislative or administrative action the 
filer was retained to influence, and the outcome 
sought by the filer. 

(3) If the filer is a business or organization 
lobbyist, the filer shall also report the following: 

(A) A description of the nature and purpose 
of the business or organization, including a state- 
ment indicating whether the filer is an industry, 
trade or professional association; 

(B) The name of each employee or member 
of the business or organization authorized to 
contact officers of the City and County on behalf 
of the business or organization; 

(C) The total amount of payments to influ- 
ence local legislative or administrative action 
made by the filer during the preceding two 
months; 

(D) The total number of contacts with offi- 
cers of the City and County, made on behalf of 
the filer by the filer's employees or members 
during the preceding two months; and 



Sec. 2.110. 



San Francisco - Campaign and Governmental Conduct Code 



158 



(E) A description of each local legislative or 
administrative action the filer seeks to influence 
or sought to influence during the preceding two 
months; and the outcome sought by the filer. 

(4) If the filer is an expenditure lobbjdst, 
the filer shall also report the following: 

(A) If the filer is an entity, a description of 
the nature and purpose of the entity, and the 
name of each individual who is an owner, part- 
ner or officer of the filer as follows: 

(i) If the filer is a sole proprietorship, list 
the name of the sole proprietor; 

(ii) If the filer is a corporation, however 
organized, list the name of each officer; 

(iii) If the filer is a partnership, however 
organized, and if the partnership has 10 or more 
partners, list the name of the partnership; or 

(iv) If the filer is a partnership, however 
organized, and if the partnership has fewer than 
10 partners, list the name of each partner. 

(B) If the filer is an individual, the name 
and address of the filer's employer, if any, or his 
or her principal place of business if the filer is 
self-employed, and a description of the business 
activity in which the filer or his or her employer 
is engaged; 

(C) The total amount of payments to influ- 
ence local legislative or administrative action 
made during the preceding two months; and 

(D) A description of each local legislative or 
administrative action the filer seeks to influence 
or sought to influence during the preceding two 
months, and the outcome sought by the filer. 

(5) All political contributions of $100 or 
more made or delivered by the filer, or made by a 
client at the behest of the filer, during the 
preceding two months in support of or in opposi- 
tion to an officer of the City and County, a 
candidate for such office, a committee controlled 
by such officer or candidate, or a committee 
primarily formed to support or oppose such of- 
ficer or candidate, or any committee primarily 
formed to support or oppose a ballot measure to 
be voted on only in San Francisco. This report 



shall include all political contributions arranged 
by the lobbjdst, or for which the lobbyist acted as 
an agent or intermediary. 

(6) Any other information required by the 
Ethics Commission consistent with the purposes 
and provisions of this Chapter. 

(7) No lobbyist shall be required to report 
activities described in Subsection (d)(1) of Sec- 
tion 2.105, other than Subsections (d)(1)(C), (L) 
and (P) of Section 2.105. 

(c) REREGISTRATION REPORTS. Each lob- 
byist shall reregister annually no later than 
January 15. The reregistration report must in- 
clude the date of the most recent lobbyist work- 
shop (as described in Section 2.140(j) of this 
Chapter) attended by the lobbyist. 

(d) QUARTERLY REPORTS OF LOBBY- 
IST ACTIVITY. Each lobbyist shall file with the 
Ethics Commission quarterly reports containing 
the information specified in this Subsection. The 
quarterly report for the period starting January 
1st and ending March 31st shall be filed no later 
than April 15th; the quarterly report for the 
period starting April 1st and ending June 30th 
shall be filed no later than July 15th; the quar- 
terly report for the period starting July 1st and 
ending September 30th shall be filed no later 
than October 15th; and the quarterly report for 
the period starting October 1st and ending De- 
cember 31st shall be filed no later than January 
15th. Quarterly reports shall include the follow- 
ing information: 

(1) All activity expenses incurred by the 
filer during the reporting period, including the 
following information: 

(A) The date and amount of each activity 
expense; 

(B) The full name and official position, if 
any, of the beneficiary of each activity expense, a 
description of the benefit, and the amount of the 
benefit; 

(C) The full name of the payee of each 
activity expense if other than the beneficiary; 

(D) Whenever a filer is required to report a 
salary of an individual pursuant to this Subsec- 
tion, the filer need only disclose whether the 
total salary payments made to the individual 



159 



Lobbying - Regulation of Lobbyists 



Sec. 2.110. 



during the reporting period was less than or 
equal to $250, greater than $250 but less than or 
equal to $1,000, greater than $1,000 but less 
than or equal to $10,000, or greater than $10,000. 

(2) All political contributions of $100 or 
more made or delivered by the filer, or made by a 
client at the behest of the filer during the report- 
ing period to an officer of the City and County, a 
candidate for such office, a committee controlled 
by such officer or candidate, or a committee 
primarily formed to support or oppose such of- 
ficer or candidate, or any committee primarily 
formed to support or oppose a ballot measure to 
be voted on only in San Francisco. This report 
shall include all political contributions arranged 
by the lobbyist, or for which the lobbyist acted as 
an agent or intermediary. 

(3) If the filer is a contract lobbyist, the filer 
shall also report the following: 

(A) The name of each person employed or 
retained by the filer during the reporting period 
to contract officers of the City and County; 

(B) The name, address, and telephone num- 
ber of each client on whose behalf the filer 
provided lobb3rist service during the reporting 
period; 

(C) The total economic consideration prom- 
ised by or received from clients during the re- 
porting period in exchange for lobbyist services; 

(D) The name and title, if applicable, of 
each officer and department of the City and 
County contacted by the filer during the report- 
ing period; 

(E) For each client, describe the local legis- 
lative or administrative action the filer was 
retained to influence and the outcome sought by 
the filer; and 

(F) For each client, describe the lobbyist 
services provided for which economic consider- 
ation was received from or promised by the 
client. 

(4) If the filer is a business or organization 
lobbyist, the filer shall also report the following: 

(A) The name of each employee or member 
of the business or organization authorized to 
contact officers of the City and County, during 
the reporting period, on behalf of the business or 
organization; 



(B) The total amount of payments to influ- 
ence local legislative or administrative action 
made by the filer during the reporting period; 

(C) The name and title, if applicable, of 
each officer and department of the City and 
County contacted by the filer's employees or 
members during the reporting period; and 

(D) A description of each local legislative or 
administrative action the filer sought to influ- 
ence during the reporting period, and the out- 
come sought by the filer. 

(5) If the filer is an expenditure lobbyist, 
the filer shall also report the following: 

(A) The total amount of payments to influ- 
ence local legislative or administrative action 
made during the reporting period; and 

(B) A description of each local legislative or 
administrative action the filer sought to influ- 
ence during the reporting period, and the out- 
come sought by the filer. 

(6) Each City and County contract awarded 
to the filer during the reporting period. For 
purposes of this Subsection, the term "contract" 
means a contract for: the rendition of personal 
services; the furnishing of any material, supplies 
or equipment to or from the City, whether by 
purchase or lease; the sale or lease of land or 
buildings to or by the City, or the financing of the 
same. 

(7) Payments made by City and County 
officers to the filer during the reporting period, 
provided that the payment is made in exchange 
for "campaign consulting services," as defined in 
Section 1.505 of this Code, and provided that the 
filer contacted the officer within one year of the 
date of payment. The required disclosure of pay- 
ments under this Subsection shall not apply to 
information that is privileged under State law. 

(8) The name of each officer of the City and 
County who is employed or retained by the filer, 
or by a client of the filer at the behest of the filer, 
at any time during the reporting period. 

(9) Any other information required by the 
Ethics Commission consistent with the purposes 
and provisions of this Chapter. 



Sec. 2.110. 



San Francisco - Campaign and Governmental Conduct Code 



160 



(10) No lobbyist shall be required to report 
activities described in Subsection (d)(1) of Sec- 
tion 2.105, other than Subsection (d)(1)(C), (L) 
and(P) of Section 2.105. 

(e) FEES. 

(1) At the time of registration or reregistra- 
tion; each lobbyist shall pay a fee of $500. The 
Ethics Commission shall prorate the fee by cal- 
endar quarter. 

(2) In addition, at the time of registration 
and reregistration, contract lobbyists shall pay a 
fee of $75 for each current client. When a con- 
tract lobbyist is retained by a client subsequent 
to registration, pajnnent of the $75 fee shall 
accompany the filing of the information required 
in Subsection (f) of this Section. The Ethics 
Commission shall prorate these fees by calendar 
quarter. 

(3) The Ethics Commission shall waive all 
registration and client fees for any organization 
presenting proof of its tax-exempt status under 
26 U.S.C. 501(c)(3) or 501(c)(4). 

(4) The Ethics Commission shall deposit all 
fees collected pursuant to this Section in the 
General Fund of the City and County of San 
Francisco. 

(f) CLIENT AUTHORIZATION STATE- 
MENTS. At the time of initial registration, each 
contract lobbyist shall submit to the Ethics Com- 
mission a written authorization from each client. 
The client authorization statement shall be signed 
by both the contract lobbyist and the client. 

If the lobbyist is retained by a client after the 
date of initial registration, the lobb3dst shall file 
a client authorization statement before provid- 
ing any lobbyist services to the client, and before 
receiving any economic consideration from the 
client in exchange for such lobbyist services, and 
in any event no later than 15 days after being 
retained by the client. The lobbyist is not re- 
quired to amend previously filed registration, 
reregistration or quarterly reports to include a 
client who retains the services of the lobbyist 
after the time the report was filed. 

If the lobbyist is retained by a client after the 
date of initial registration, the lobbyist may 
submit a copy of the client authorization state- 



ment by facsimile machine. The client authori- 
zation statement shall be deemed to be timely 
filed only if the facsimile copy is received no later 
than the filing deadline, and within 15 days of 
the filing deadline the original document is re- 
ceived by the Ethics Commission, and the origi- 
nal document is identical in all respects to the 
facsimile copy. 

The lobbyist is not required to resubmit cli- 
ent authorization statements at the time of re- 
registration. 

(g) CLIENT TERMINATION STATE- 
MENTS. Within 15 days after a client termi- 
nates the services of a contract lobbyist, the 
lobbyist shall submit to the Ethics Commission a 
statement that the client has terminated the 
services of the lobbyist. The client termination 
statement shall be signed by the contract lobby- 
ist. A contract lobbyist may not provide lobbyist 
services to a client after a client termination 
statement is filed, until a new client authoriza- 
tion statement has been filed pursuant to Sub- 
section (f) of this Section. 

(h) LOBBYIST TERMINATION STATE- 
MENTS. Once a person qualifies as a "lobbyist" 
under this Chapter, the person shall be subject to 
all registration, reporting and other require- 
ments and prohibitions imposed by this Chapter 
until the person ceases all lobbyist activity and 
files a lobbyist termination statement with the 
Ethics Commission pursuant to this Subsection, 
regardless of whether the person continues to 
meet the activity thresholds established in Sec- 
tion 2.105(i). A lobbyist termination statement 
shall include all information required by Subsec- 
tion (d) of this Section for the period starting 
with the first day of the calendar quarter and 
ending with the date of termination. A lobbyist 
termination statement shall be filed no later 
than 30 days after the date the lobbyist ceased 
all lobbyist activity (Added by Ord. 71-00, File 
No. 000358, App. 4/28/2000; amended by Ord. 
129-03, File No. 030250, App. 5/30/2003)(Deriva- 
tion: Former Administrative Code Section 16.522; 
added by Ord. 40-88, App. 2/18/88; amended by 
Ord. 386-95, App. 12/14/95; Ord. 390-97, App. 
10/17/97; Ord. 19-99, App. 2/19/99; Ord. 129-03, 
File No. 030250, App. 5/30/2003) 



161 



Lobbying - Regulation of Lobbyists 



Sec. 2.117. 



SEC. 2.115. PROHIBITIONS. 

(a) GIFT LIMIT. No lobbyist shall make 
gifts to an officer of the City and County aggre- 
gating more than $50 within three months of 
contacting the officer. No lobbjdst shall act as an 
agent or intermediary in the making of any gift 
to an officer of the City and County, or arrange 
for the making of any gift to an officer of the City 
and County by a third party, within three months 
of contacting the officer. 

(b) FUTURE EMPLOYMENT. No lobbyist 
shall cause or influence the introduction or ini- 
tiation of any local legislative or administrative 
action for the purpose of thereafter being em- 
ployed or retained to secure its granting, denial, 
confirmation, rejection, passage or defeat. 

(c) FICTITIOUS PERSONS. No lobbyist 
shall contact any officer of the City and County 
in the name of any fictitious person or in the 
name of any real person, except with the consent 
of such real person. 

(d) EVASION OF OBLIGATIONS. No lob- 
byist shall attempt to evade the obligations im- 
posed by this Chapter through indirect efforts or 
through the use of agents, associates or employ- 
ees. (Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) (Derivation: Former Administrative 
Code Section 16.523; added by Ord. 19-99, App. 
2/19/99) 

SEC. 2.117. LOBBYING BY CAMPAIGN 
CONSULTANTS. 

(a) PROHIBITION. No campaign consult- 
ant, individual who has an ownership interest in 
the campaign consultant, or an employee of the 
campaign consultant shall communicate with 
any officer of the City and County who is a 
current or former client of the campaign consult- 
ant on behalf of another person or entity (other 
than the City and County) in exchange for eco- 
nomic consideration for the purpose of influenc- 
ing local legislative or administrative action. 

(b) EXCEPTIONS. 

(1) This prohibition shall not apply to: 

(A) an employee of a campaign consultant 
whose sole duties are clerical; or 



(B) an employee of a campaign consultant 
who did not personally provide campaign con- 
sulting services to the officer of the City and 
County with whom the employee seeks to com- 
municate in order to influence local legislative or 
administrative action. 

(2) The exceptions in Subsection (b)(1) shall 
not apply to any person who communicates with 
an officer of the City and County in his or her 
capacity as an employee of the campaign consult- 
ant who is prohibited by Subsection (a) from 
making the communication. 

(c) DEFINITIONS. Whenever the following 
words or phrases are used in this Section, they 
shall mean: 

(1) "Campaign Consultant" shall have the 
same meaning as in Article I, Chapter 5, Section 
1.505 of this Code. 

(2) "Campaign consultant services" shall have 
the same meaning as in Article I, Chapter 5, 
Section 1.505 of this Code. 

(3) "Current client" shall mean a person for 
whom the campaign consultant has filed a client 
authorization statement pursuant to Article I, 
Chapter 5, Section 1.515(d) of this Code and not 
filed a client termination statement pursuant to 
Article I, Chapter 5, Section 1.515(f) of this Code. 
If such person is a committee as defined by 
Section 82013 of the California Government Code, 
the current client shall be any individual who 
controls such committee; any candidate that 
such committee was primarily formed to sup- 
port; and any proponent or opponent of a ballot 
measure that the committee is primarily formed 
to support or oppose. 

(4) "Employee" shall mean an individual 
employed by a campaign consultant, but does not 
include any individual who has an ownership 
interest in the campaign consultant that em- 
ploys them. 

(5) "Former client" shall mean a person for 
whom the campaign consultant has filed a client 
termination statement pursuant to Article I, 
Chapter 5, Section 1.515(f) of this Code within 
the 48 months prior to communicating with the 
person. (Added by Ord. 28-04, File No. 031656, 
App. 2/20/2004) 



Sec. 2.120. 



San Francisco - Campaign and Governmental Conduct Code 



162 



SEC. 2.120. EMPLOYMENT OF CITY 
AND COUNTY OFFICERS OR 
EMPLOYEES; APPOINTMENT OF 
EMPLOYEE TO CITY AND COUNTY 
OFFICE. 

(a) EMPLOYMENT OF CITY AND 
COUNTY OFFICERS OR EMPLOYEES. If any 

lobbjdst employs or requests, recommends or 
causes a client of the lobbyist to employ, and such 
client does employ, any officer of the City and 
County, any immediate family member or regis- 
tered domestic partner of an officer of the City 
and County, or any person known by such lobby- 
ist to be a full-time employee of the City and 
County, in any capacity whatsoever, the lobbyist 
shall file within 10 days after such employment 
a statement with the Ethics Commission setting 
out the name of the employee, the date first 
employed, the nature of the employment duties, 
and the salary or rate of pay of the employee. 

(b) APPOINTMENT OF EMPLOYEE TO 
CITY OFFICE. If an employee of a lobbyist is 
appointed to City or County office, the lobbjdst 
shall file within 10 days after such appointment 
a statement with the Ethics Commission setting 
out the name of the employee, the date first 
employed, the nature of the employment duties, 
and the salary or rate of pay of the employee. 

(c) REPORT OF SALARY. Whenever a filer 
is required to report the salary of an employee 
who is also an officer or employee of the City and 
County pursuant to this Section, the filer need 
only disclose whether the total salary payments 
made to the employee are less than or equal to 
$250, greater than $250 but less than or equal to 
$1,000, greater than $1,000 but less than or 
equal to $10,000, or greater than $10,000. (Added 
by Ord. 71-00, File No. 000358, App. 4/28/2000) 
(Derivation: Former Administrative Code Sec- 
tion 16.524; added by Ord. 40-88, App. 2/18/88; 
amended by Ord. 386-95, App. 12/14/95; Ord. 
19-99, App. 2/19/99) 

SEC. 2.125. NOTIFICATION OF 
BENEFICIARIES OF GIFTS. 

Each lobbyist shall provide each officer of the 
City and County who is the beneficiary of a gift 



made by the lobbyist a written statement includ- 
ing the date, value and description of the gift. 
The lobbyist shall provide this information to the 
officer within 30 days following the end of the 
reporting period in which the gift was made. A 
lobbyist may satisfy this notification require- 
ment by providing a copy of the lobbyist's quar- 
terly report of lobbyist activity to the officer. 
(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) (Derivation: Former Administrative 
Code Section 16.525; added by Ord. 19-99, App. 
2/19/99) 

SEC. 2.130. EMPLOYMENT OF 
UNREGISTERED PERSONS. 

It shall be unlawful knowingly to pay any 
contract lobbyist to contact any officer of the City 
and County of San Francisco, if said contract 
lobbyist is required to register under this Chap- 
ter and has not done so. (Added by Ord. 71-00, 
File No. 000358, App. 4/28/2000) (Derivation: 
Former Administrative Code Section 16.526; added 
by Ord. 40-88, App. 2/18/88; amended by Ord. 
19-99, App. 2/19/99) 

SEC. 2.135. FILING UNDER PENALTY 
OF PERJURY; RETENTION OF 
DOCUMENTS. 

All information required under this Chapter 
shall be filed with the Ethics Commission, on 
forms provided by the Commission. The filer 
shall verify, under penalty of perjury, the accu- 
racy and completeness of the information pro- 
vided under this Chapter. The filer shall retain 
for a period of five years all books, papers and 
documents necessary to substantiate the regis- 
tration and disclosure reports required by this 
Chapter. (Added by Ord. 71-00, File No. 000358, 
App. 4/28/2000) (Derivation: Former Administra- 
tive Code Section 16.527; added by Ord. 40-88, 
App. 2/18/88; amended by Ord. 386-95, App. 
12/14/95; Ord. 19-99, App. 2/19/99) 

SEC. 2.140. POWERS AND DUTIES OF 
THE ETHICS COMMISSION. 

(a) The Ethics Commission shall provide 
forms for the reporting of all information re- 
quired by this Chapter. 



163 



Lobbying - Regulation of Lobbyists 



Sec. 2.145. 



(b) The Ethics Commission shall issue a 
registration number to each registered lobbyist. 

(c) At the time of initial registration and 
reregistration, the Ethics Commission shall pro- 
vide the lobbyist with a copy of the City's lobbyist 
law, and any related material which the Com- 
mission determines will serve the purposes of 
this Chapter. Each lobb3dst shall sign a state- 
ment acknowledging receipt of these materials. 

(d) The Ethics Commission shall issue a 
"Notice of Registration Required" upon the writ- 
ten request of any officer of the City and County. 
Any person who in good faith and on reasonable 
grounds believes that compliance with this Chap- 
ter is not required by reason of being exempt 
under Section 2.105(i) shall not be deemed to 
have violated this Chapter if, within 15 days 
after notice from the Ethics Commission, that 
person either complies or furnishes satisfactory 
evidence to the Ethics Commission evidencing 
that said person is exempt from registration. 

(e) The Ethics Commission shall compile 
the information provided in registration and 
quarterly reports filed pursuant to this Chapter 
as soon as practicable after the close of each 
quarter and shall forward a report of the com- 
piled information to the Board of Supervisors 
and the Mayor. 

(f) In July of each year, the Ethics Commis- 
sion shall file a report with the Board of Super- 
visors on the implementation of this Chapter. 

(g) The Ethics Commission shall preserve 
all original reports, statements, and other records 
required to be kept or filed under this Chapter 
for a period of five years. Such reports, state- 
ments, and records shall constitute a part of the 
public records of the Ethics Commission and 
shall be open to public inspection. 

(h) The Ethics Commission shall provide 
formal and informal advice regarding the duties 
under this Chapter of a person or entity pursu- 
ant to the procedures specified in San Francisco 
Charter Section C3.699-12. 

(i) The Ethics Commission shall have the 
power to adopt all reasonable and necessary 
rules and regulations for the implementation of 
this Chapter pursuant to Charter Section 
C3.699-9. 



(j) The Ethics Commission shall conduct 
quarterly workshops concerning the laws relat- 
ing to lobbying. (Added by Ord. 71-00, File No. 
000358, App. 4/28/2000) (Derivation: Former Ad- 
ministrative Code Section 16.528; added by Ord. 
40-88, App. 2/18/88; amended by Ord. 386-95, 
App. 12/14/95; Ord. 19-99, App. 2/19/99) 

SEC. 2.145. ADMINISTRATIVE AND 
CIVIL ENFORCEMENT AND PENALTIES. 

(a) If any lobbyist files an original state- 
ment or report after any deadline imposed by 
this Chapter, the Ethics Commission shall, in 
addition to any other penalties or remedies es- 
tablished in this Chapter, fine the lobbyist $50 
per day after the deadline until the statement or 
report is received by the Ethics Commission. The 
Ethics Commission may reduce or waive a fine if 
the Commission determines that the late filing 
was not willful and that enforcement will not 
further the purposes of this Chapter. The Ethics 
Commission shall deposit funds collected under 
this Section in the General Fund of the City and 
County of San Francisco. 

(b) Any person who believes that the provi- 
sions of this Chapter have been violated may file 
a complaint with the Ethics Commission. Upon 
receipt of a complaint, or upon its own initiative, 
the Commission may investigate alleged viola- 
tions of this Chapter and may enforce the provi- 
sions of this Chapter pursuant to Charter Sec- 
tion C3. 699-13 and to the Commissioner's rules 
and regulations adopted pursuant to Charter 
Section C3.699-9. 

(c) Any person or entity which knowingly or 
negligently violates this Chapter may be liable 
in a civil action brought by the City Attorney for 
an amount up to $1,000 per violation, or three 
times the amount not properly reported, or three 
times the amount given or received in excess of 
the gift limit, whichever is greater. 

(d) In investigating any alleged violation of 
this Chapter the Ethics Commission and City 
Attorney shall have the power to inspect, upon 
reasonable notice, all documents required to be 
maintained under this Chapter. This power to 
inspect documents is in addition to other powers 



Sec. 2.145. 



San Francisco - Campaign and Governmental Conduct Code 



164 



conferred on the Ethics Commission and City 
Attorney by the Charter or by ordinance, includ- 
ing the power of subpoena. 

(e) Should two or more persons be respon- 
sible for any violation under this Chapter, they 
shall be jointly and severally liable. 

(f) The City Attorney may also bring an 
action to revoke for up to one year the registra- 
tion of any lobbyist who has knowingly violated 
this Chapter. (Added by Ord. 71-00, File No. 
000358, App. 4/28/2000; amended by Ord. 129- 
03, File No. 030250, App. 5/30/2003) (Derivation: 
Former Administrative Code Section 16.529; added 
by Ord. 40-88, App. 2/18/88; amended by Ord. 
399-94, App. 11/23/94; Ord. 386-95, App. 12/14/ 
95; Ord. 390-97, App. 10/17/97; Ord. 19-99, App. 
2/19/99; Ord. 129-03, File No. 030250, App. 5/30/ 
2003) 

SEC. 2.150. LIMITATION OF ACTIONS. 

No administrative or civil action shall be 
maintained to enforce this Chapter unless brought 
within four years after the date the cause of 
action accrued or the date that the facts consti- 
tuting the cause of action were discovered by the 
Ethics Commission or City Attorney, whichever 
is later. (Added by Ord. 71-00, File No. 000358, 
App. 4/28/2000) (Derivation: Former Administra- 
tive Code Section 16.530; added by Ord. 40-88, 
App. 2/18/88; amended by Ord. 19-99, App. 2/19/ 
99) 

SEC. 2.155. SEVERABILITY. 

If any Section, Subsection, subdivision, sen- 
tence, clause, phrase or portion of this Chapter, 
or the application thereof to any person, is for 
any reason held to be invalid or unconstitutional 
by the decision of any court of competent juris- 
diction, such decision shall not affect the validity 
of the remaining portions of this Chapter or its 
application to other persons. The Board of Su- 
pervisors hereby declares that it would have 
adopted this Chapter, and each Section, Subsec- 
tion, subdivision, sentence, clause, phrase or 
portion thereof, irrespective of the fact that any 
one or more Sections, Subsections, subdivisions, 
sentences, clauses, phrases, or portions, or the 



application thereof to any person, to be declared 
invalid or unconstitutional. (Added by Ord. 71- 
00, File No. 000358, App. 4/28/2000) (Derivation: 
Former Administrative Code Section 16.531; added 
by Ord. 40-88, App. 2/18/88; amended by Ord. 
19-99, App. 2/19/99) 

SEC. 2.160. ELECTRONIC FILING OF 
STATEMENTS AND REPORTS. 

(a) ELECTRONIC FILLING REQUIRED. 

Whenever lobbjdsts are required by this Chapter 
to file an original statement or report, the Ethics 
Commission may require the lobbyists to file an 
electronic copy of the statement or report. The 
electronic copy shall be due no later than the 
deadline imposed by this Chapter for filing the 
original statement or report. 

(b) POWERS AND DUTIES OF THE ETH- 
ICS COMMISSION. 

(i) Pursuant to San Francisco Charter Sec- 
tion 15.102, the Ethics Commission shall adopt 
regulations specifying the electronic filing re- 
quirements applicable to campaign lobbyists. 
The Ethics Commission shall adopt these regu- 
lations no fewer than 120 days before the elec- 
tronic filing requirements are effective. 

(ii) The Ethics Commission shall prescribe 
the format for electronic copies of statements 
and reports no fewer than 90 days before the 
statements and reports are due to be filed. 

(c) PENALTIES. If any lobbyist files an 
electronic copy of a statement or report after the 
deadline imposed by this Section, the Ethics 
Commission shall, in addition to any other pen- 
alties or remedies established in this Chapter, 
fine the lobbyist $10 per day after the deadline 
until the electronic copy is received by the Ethics 
Commission. The Ethics Commission may re- 
duce or waive a fine if the Commission deter- 
mines that the late filing was not willful and that 
enforcement will not further the purposes of this 
Chapter. The Ethics Commission shall deposit 
funds collected under this Section in the General 
Fund of the City and County of San Francisco. 
(Added by Ord. 222-00, File No. 000741, App. 
9/29/2000) 




[The next page is 177] 



ARTICLE III: CONDUCT OF GOVERNMENT OFFICIALS AND EMPLOYEES 

Chapter Page 

1. CONFLICT OF INTEREST CODE: FINANCIAL DISCLOSURE 179 

2. CONFLICT OF INTEREST AND OTHER PROHIBITED ACTIVITIES . . 237 

3. ETHICS COMMISSION 271 

4. PERMIT APPLICATION PROCESSING 281 




177 



San Francisco - Campaign and Governmental Conduct Code 178 



[INTENTION ALLY LEFT BLANK] 




179 



Conduct of Government Officials and Employees 
Conflict of Interest Code: Financial Disclosure 



CHAPTER 1: CONFLICT OF INTEREST CODE: FINANCIAL DISCLOSURE 



Sec. 


3.1-100 


Sec. 


3.1-101 


Sec. 


3.1-102 


Sec. 


3.1-102 


Sec. 


3.1-103 


Sec. 


3.1-104 


Sec. 


3.1-105. 


Sec. 


3.1-106. 


Sec. 


3.1-107. 


Sec 


3.1-108. 


Sec. 


3.1-109. 


Sec. 


3.1-110. 


Sec. 


3.1-120. 


Sec. 


3.1-130. 


Sec. 


3.1-135. 


Sec. 


3.1-140. 


Sec. 


3.1-145. 


Sec. 


3.1-150. 


Sec. 


3.1-155. 


Sec. 


3.1-160. 


Sec. 


3.1-163. 


Sec. 


3.1-165. 


Sec. 


3.1-168. 


Sec. 


3.1-169. 


Sec. 


3.1-170. 


Sec. 


3.1-175. 


Sec. 


3.1-180. 


Sec. 


3.1-185. 


Sec. 


3.1-190. 


Sec. 


3.1-193. 


Sec. 


3.1-195. 


Sec. 


3.1-205. 


Sec. 


3.1-207. 



Definitions. 

Adoption of State Code. 
Filing Requirements. 
5. Failure to File. 
Filing Officers. 
Filing Officer Reports. 
Notice of Appointment and 
Resignation. 

Disclosure Categories. 

Disclosure Category 1. 

Consultants. 

Reserved. 

Aging and Adult Services, 

Department of. 

Airport Commission. 

Appeals, Board of. 

Asian Art Museum. 

Art Commission. 

Assessor-Recorder. 

Board of Supervisors. 

Building Inspection, 

Department of. 

Children and Families First 

Commission. 

Children, Youth and Their 

Families, Department of. 

Citizen Complaints, OfHce of. 

Reserved. 

Citizen's General Obligation 

Bond Oversight Committee. 

Reserved. 

City Attorney. 

Civil Grand Jury. 

Civil Service Commission. 

Community College District. 

Community development, 

mayor's office of. 

Controller. 

District Attorney. 

Economic and Workforce 

Development, Department of. 



Sec. 3.1-210. Economic Opportunity Council. 

Sec. 3.1-215. Elections, Department of 

Sec. 3.1-218. Emergency Management, 
Department of. 

Sec. 3.1-220. Reserved. 
Sec. 3.1-222. Reserved. 
Sec. 3.1-225. Environment, Department of 

the. 
Sec. 3.1-230. Ethics Commission. 
Sec. 3.1-235. Examiners, Plumbing, Electrical 

and High-Rise Sprinklers, 

Board of. 
Sec. 3.1-240. Film and Video Arts 

Commission. 

Sec. 3.1-242. Finance Corporation. 
Sec. 3.1-245. Fine Arts Museums. 
Sec. 3.1-250. Fire Department. 
Sec. 3.1-251. General Services Agency — City 
Administrator. 

Sec. 3.1-252. General Services Agency — 

Public Works, Department of. 
Sec. 3.1-253. General Services Agency — 
Telecommunications and 
Information Services, 
Department of. 
Sec. 3.1-255. Golden Gate Park Concourse 
Authority. 
1-260. Health Authority 
1-265. Reserved. 
1-267. Health Service System. 
1-270. Housing Authority. 
1-275. Human Resources Department. 
1-280. Human Rights Commission. 
1-285. Human Services Commission. 
1-290. Reserved. 

1-295. Juvenile Probation Commission. 
1-300. Landmarks Preservation 
Advisory Board. 
Sec. 3.1-305. Law Library. 
Sec. 3.1-310. Library, Public. 
Sec. 3.1-312. Local Agency Formation 
Commission. 



Sec. 3. 
Sec. 3. 
Sec. 3. 
Sec. 3. 
Sec. 3. 
Sec. 3. 
Sec. 3. 
Sec. 3. 
Sec. 3. 
Sec. 3. 



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San Francisco - Campaign and Governmental Conduct Code 



180 



Sec. 3.1-315. Mayor's Office. 

Sec. 3.1-320. Municipal Transportation 

Agency. 
Sec. 3.1-325. Parking Authority. 
Sec. 3.1-335. Planning Department. 
Sec. 3.1-340. Police Department. 
Sec. 3.1-345. Port Commission. 
Sec. 3.1-350. Private Industry Council of San 

Francisco, Inc. 
Sec. 3.1-360. Public Defender. 
Sec. 3.1-362. Public Health, Department of. 
Sec. 3.1-365. Public Utilities Commission. 
Sec. 3.1-375. Reserved. 
Sec. 3.1-390. Recreation and Park 

Department. 
Sec. 3.1-395. Redevelopment Agency. 
Sec. 3.1-400. Reserved. 

Sec. 3.1-405. Residential Rent Stabilization 

and Arbitration Board. 
Sec. 3.1-410. Retirement System. 
Sec. 3.1-415. Sheriff. 
Sec. 3.1-417. San Francisco Community 

Health Joint Powers Authority. 
Sec. 3.1-420. San Francisco Unified School 

District. 
Sec. 3.1-422. Small Business Commission. 
Sec. 3.1-423. Reserved. 

Sec. 3.1-424. Sunshine Ordinance Task Force. 
Sec. 3.1-425. Taxi Commission. 
Sec. 3.1-430. Reserved. 
Sec. 3.1-435. Transportation Authority, San 

Francisco County. 
Sec. 3.1-440. Treasure Island Development 

Authority. 
Sec. 3.1-445. Treasurer-Tax Collector. 
Sec. 3.1-450. War Memorial and Performing 

Arts Center. 
Sec. 3.1-455. Women, Commission on the 

Status of. 
Sec. 3.1-457. Workforce Investment Board. 
Sec. 3.1-460. Court Positions. 
Sec. 3.1-500. Positions Designated by State — 

Filing Official. 



SEC. 3.1-100. DEFENflTIONS. 

As used in this chapter: 

(a) "Political Reform Act" means the Politi- 
cal Reform Act of 1974, as said Act reads on the 
date this ordinance is adopted and as said Act 
may be amended from time to time. 

(b) All other words used in this ordinance 
shall have the meanings ascribed to them by the 
Political Reform Act, if the Act provides a defini- 
tion. (Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.1; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-101. ADOPTION OF STATE 
CODE. 

The provisions of Regulation 18730 of the 
California Fair Political Practices Commission (2 
Cal. Admin. Code § 18730), as the regulation 
reads on the date this ordinance is adopted and 
as the regulation may be amended from time to 
time by the Fair Political Practices Commission, 
are hereby adopted and incorporated herein by 
this reference as the Conflict of Interest Code for 
agencies of the City and County of San Francisco 
listed in this Chapter, commencing with Section 
3.1-110. The San Francisco Ethics Commission 
shall maintain copies of Regulation 18730. (Added 
by Ord. 71-00, File No. 000358, App. 4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.2; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-102. FILING REQUIREMENTS. 

(a) Officers and Employees. Each officer 
and employee of the City and County of San 
Francisco holding a position designated in this 
Chapter, other than those officials identified in 
Section 3.1-500, shall file statements disclosing 
the information required by the disclosure cat- 
egories set forth in this Chapter, on such forms 
as may be specified by the Fair Political Prac- 
tices Commission (Form 700 unless otherwise 
provided by the Commission), and at such times 




Supp. No. 7, April 2007 



181 



Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-103. 



required by Regulation 18730. A copy of the 
forms to be used shall be supplied by the Ethics 
Commission to each filing officer. Every officer 
and employee holding a position designated in 
this Chapter shall retain his or her filing obliga- 
tions, notwithstanding any reclassification or 
title change that may occur in the future as to 
the same job duties. 

(b) Candidates. Each candidate for City 
elective office, as that term is defined in Chapter 
1 of Article I of this Code, shall file no later than 
the final filing date for a declaration of candi- 
dacy, a statement disclosing the information re- 
quired by the disclosure category for the City 
elective office sought by the candidate. Candi- 
dates shall file such statements with the Depart- 
ment of Elections on the same forms as used by 
filers under subsection (a) of this Section. This 
statement shall not be required if the candidate 
has filed, within 60 days prior to the filing of his 
or her declaration of candidacy, a statement for 
the same jurisdiction pursuant to this Chapter 
or Sections 87202 or 87203 of the California 
Government Code. (Added by Ord. 71-00, File 
No. 000358, App. 4/28/2000; Ord. 98-06, File No. 
051876, App. 5/19/2006) 

(Derivation: Former Administrative Code Sec- 
tion 58.3; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
386-95, App. 12/14/95; Ord. 340-99, File No. 
992046, App. 12/30/99) 

SEC. 3.1-102.5. FAILURE TO FILE. 

(a) Subject to the removal and Civil Service 
provisions of the Charter as well as any appli- 
cable Civil Service Rules, any officer or employee 
of the City and County of San Francisco who fails 
to file any statement required by Sections 3.1- 
101 and 3.1-102 of the Campaign and Govern- 
mental Conduct Code within 30 days after re- 
ceiving notice from the Ethics Commission of a 
failure to file may be subject to disciplinary 
action by his or her appointing authority, includ- 
ing removal from office or termination of employ- 
ment. 



(b) The Ethics Commission may issue a 
letter to an appointing authority recommending 
removal of any City officer or termination of any 
City employee who has failed to file a statement 
required by Sections 3.1-101 and 3.1-102 of the 
Campaign and Governmental Conduct Code if 
the City officer or employee has not filed the 
required statement within 30 days of receiving 
notice from the Ethics Commission of his or her 
failure to file. 

(c) [Reserved.] (Added by Proposition E, 11/ 
4/2003; Ord. 80-07, File No. 070122, App. 4/19/ 
2007) 

SEC. 3.1-103. FILING OFFICERS. 

With the exception of those officials identi- 
fied in Section 3.1-500, persons holding desig- 
nated positions shall file their Statements of 
Economic Interest with the filing officers desig- 
nated in this Section. 

(a) Members of commissions, boards, and 
committees as well as department heads, shall 
file their statements with the Ethics Commis- 
sion. 

(b) The agency heads of the Unified School 
District, the Community College District, the 
San Francisco Housing Authority, the Redevel- 
opment Agency, the Office of Citizen Complaints, 
and the Law Library shall file their statements 
with the Ethics Commission. 

(c) Members of the Civil Grand Jury shall 
file with the Executive Officer of the Superior 
Court. 

(d) All other persons holding designated 
positions shall file with their respective depart- 
ment head or the executive director of the agency. 

(e) In instances where the proper filing of- 
ficer for a particular, designated position is un- 
clear, the Ethics Commission may designate the 
filing officer. (Added by Ord. 71-00, File No. 
000358, App. 4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.4; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
386-95, App, 12/14/95; Ord. 345-98, App. 11/19/ 
98) 



Supp. No. 7, April 2007 



Sec. 3.1-104. 



San Francisco - Campaign and Governmental Conduct Code 



182 



SEC. 3.1-104. FILEVG OFFICER 
REPORTS. 

On or before April 10th of each year, every 
fihng officer shall submit a written report to the 
Ethics Commission setting forth the names of 
those persons who are required to file an annual 
statement with that filing officer under this 
Chapter but have failed to do so, or a report 
stating that all such persons have filed. (Added 
by Ord. 71-00, File No. 000358, App. 4/28/2000) 
(Derivation: Former Administrative Code Sec- 
tion 58.5; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 386-95, App. 12/14/95) 

SEC. 3.1-105. NOTICE OF 
APPOINTMENT AND RESIGNATION. 

(a) Every appointing authority whose ap- 
pointees file statements required by Sections 
3.1-101 and 3.1-102 of the Campaign and Gov- 
ernmental Conduct Code with the Ethics Com- 
mission shall provide written notice to the Ethics 
Commission of the name of any appointee who 
has assumed or left office or emplo3nnent. Such 
notice shall be provided within 15 days of the 
City officer or employee assuming or leaving 
office or employment. Failure to provide such 
notice may constitute official misconduct. 

(b) Whenever the Mayor or a board or com- 
mission appoints a department head, or receives 
the resignation or retirement notice of a depart- 
ment head, the official or the secretary to the 
board or commission who makes the appoint- 
ment or receives the resignation or retirement 
notice, shall inform the department head of the 
necessity to file within 30 days of assuming office 
or leaving office a statement of economic inter- 
ests. Upon receiving notice of the appointment, 
or the resignation or retirement, of the depart- 
ment head, the Ethics Commission shall perform 
the required duties of the filing officer and obtain 
the required statement of economic interests. 
(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; Ord. 80-07, File No. 070122, App. 
4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.6; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 386-95, App. 12/14/95; Ord. 
287-96, App. 7/12/96; Ord. 56-97, App. 3/6/97) 



SEC. 3.1-106. DISCLOSURE 
CATEGORIES. 

For each agency of the City and County of 
San Francisco, disclosure categories shall in- 
clude Category 1 as specified in Section 3.1-107, 
and such additional categories as may be in- 
cluded in the Sections of this Chapter applicable 
to each such agency. (Added by Ord. 71-00, File 
No. 000358, App. 4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.7; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-107. DISCLOSURE CATEGORY 

1. 

Unless otherwise specified, for each depart- 
ment or agency. Disclosure Category 1 shall 
read: 

"Disclosure Category 1. Persons in this 
category shall disclose income from any source, 
interests in real property, investments, and all 
business positions in which the designated em- 
ployee is a director, officer, partner, trustee, 
employee, or holds any position of management." 
(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.8; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 56-97, App. 3/6/97; Ord. 340-99, 
File No. 992046, App. 12/30/99) 

SEC. 3.1-108. CONSULTANTS. 

Unless otherwise stated in this Chapter, con- 
sultants for departments and agencies covered 
by this Chapter shall be deemed designated 
employees for the purposes of this Chapter and 
shall disclose economic interests in Disclosure 
Category 1; provided, however, that the director 
of the department or agency for which a consult- 
ant works may determine in writing that the 
consultant is not required to comply with the 
disclosure requirements described in this section 
or is required to disclose economic interests in a 
disclosure category other than Disclosure Cat- 
egory 1 because the consultant performs a range 
of duties that are limited in scope. Such a deter- 



Supp. No. 7, April 2007 



183 



Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-120. 



mination shall include a description of the 
consultant's duties and, based upon that descrip- 
tion, a statement of the extent of disclosure 
requirements. The determination shall be a pub- 
lic record and shall be retained for public inspec- 
tion in the same manner and location as state- 
ments filed under this Chapter. (Added by Ord. 
80-07, File No. 070122, App. 4/19/2007) 

SEC. 3.1-109. RESERVED. 

Editor's Note: 

Ord. 80-07, File No. 070122, Approved AprU 19, 
2007, repealed § 3.1-109, which pertained to Adminis- 
trative Services, Department of. 
(Added by Ord. 58-01, File No. 001951, App. 
4/13/2001; amended by Ord. 35-02, File No. 
011875, App. 3/29/2002; Ord. 73-03, File No. 
022027, App. 4/25/2003; Ord. 99-05, File No. 
041570, App. 5/25/2005; Ord. 80-07, File No. 
070122, App. 4/19/2007) 

SEC. 3.1-110. AGING AND ADULT 
SERVICES, DEPARTMENT OF. 

Designated Positions Disclosure Categories 

Executive Director All 1 

Member, Commission on Aging and 

Adult Services 
Public Guardian/Public Conservator 
Public Administrator 
Assistant Public Administrator 
Public Administrator/Public Guardian 

Attorneys 
Director, Office on the Aging 
Director, Adult Protective Services Division 
Deputy Director of Programs 
(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; amended by Ord. 35-02, File No. 
011875, App. 3/29/2002; Ord. 73-03, File No. 
022027, App. 4/25/2003; Ord. 99-05, File No. 
041570, App. 5/25/2005) 

(Derivation: Former Administrative Code Sec- 
tion 58.100; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-120. AIRPORT COMMISSION. 

(a) Disclosure Category 2. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities and income 



from any source which provides, or contracts 
with the City and County of San Francisco and 
its Airport Commission to provide, services, sup- 
plies, materials, machinery or equipment to the 
Airport Commission. 

(b) Disclosure Category 3. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities, interests in 
real property, and income from any source sub- 
ject to the regulatory, permit or licensing author- 
ity of the Airport Commission. 

Designated Positions Disclosure Categories 

Airport Commissioners 1 

Airport Director 1 

i\irport Deputy Directors 1 

Assistant Deputy Directors 1 

Assistant Director, Exhibitions 2, 3 

Associate Deputy Directors 1 

Audit Manager 2, 3 

Building Inspector 2, 3 

Chief Information Officer 1 

Chief Operating Officer 1 

Commission Secretary 1 

Construction Inspector 2,3 

Coordinator, Operations 2,3 

Curator IV 2, 3 

Curator V 2, 3 

Director, Bureau of Community Affairs 1 

Director, International Aviation Develop- 
ment 1 

Director, S.F. Airport Museums/Chief Cura- 
tor 1 

Economic Planners 2, 3 

Electrical Inspector 2, 3 

Environmental Planner III 2, 3 

Finance Director 1 

IS Manager 1 

IS Project Director 1 

IS Business Analyst — Principal 2, 3 

Librarian II 2, 3 

Mail & Reprographics Supervisor 2, 3 

Manager I 2, 3 

Manager II (except Duty Managers) 2, 3 

Manager III 2, 3 

Manager IV 2, 3 

Manager V 2, 3 

Manager VI 1 

Manager VII 1 

Manager VIII 1 



Supp. No. 7, April 2007 



Sec. 3.1-120. 



San Francisco - Campaign and Governmental Conduct Code 



184 



Manager, Health and Safety 2 

Manager, Scheduling and Control 2 

Mechanical Inspector 2 

Mechanical Maintenance Supervisor 2 

Parking Managers 2 

Planner III 2 

Planner IV 2 

Planner V 

Plumbing Inspectors 2 

Principal Architects 2 

Principal Engineer 2 

Project Managers 1 2 

Project Managers II 2 

Project Managers III 2 

Project Managers IV 

Property Specialist I 2 

Property Specialist II 2 

Property Specialist III 2 

Senior Architects 2 

Senior Departmental Personnel Officers 2 

Senior Engineer 2 

Senior Museum Registrar 2 

Senior Traffic Engineer, Landside Opera- 
tions 2., 3 

Superintendent 2, 3 

Supervising Fiscal Officers 2, 3 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 73-03, File No. 022027, App. 
4/25/2003; Ord. 99-05, File No. 041570, App. 5/25/ 
2005; Ord. 80-07, File No. 070122, App. 4/19/2007) 
(Derivation: Former Administrative Code Sec- 
tion 58.110; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
380-94, App. 11/10/94; Ord. 56-97, App. 3/6/97; 
Ord. 345-98, App. 11/19/98; Ord. 340-99, File No. 
992046, App. 12/30/99) 

Sec. 3.1-125. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; repealed by Ord. 58-01, File No. 001951, 
App. 4/13/2001) 

(Derivation: Former Administrative Code Sec- 
tion 58.125; added by Ord. 190-90, App. 5/24/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
340-99, File No. 992046, App. 12/30/99) 



SEC. 3.1-130. APPEALS, BOARD OF. 

Designated Positions Disclosure Categories 

Board Member All 1 

Executive Secretary 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.120; added by Ord. 26-90, App. 1/24/90; 
amended by Ord. 190-90, App. 5/24/90; Ord. 
56-97, App. 3/6/97; Ord. 340-99, File No. 992046, 
App. 12/30/99) 

SEC. 3.1-135. ASIAN ART MUSEUM. 

Disclosure Category 2. Persons in this 
category shall disclose all investments in, in- 
come from, and business positions in any busi- 
ness entity involved in the buying or selling of 
works of Asian art or in the business of installing 
or maintaining security systems, which do busi- 
ness in the jurisdiction, or which have done 
business in the jurisdiction in the past two years, 
or which may foreseeably do business in the 
jurisdiction in the future. 

Designated Positions Disclosure Categories 

Commissioner All 2 

Director 

Chief Curator 

Curator 

Chief Operating Officer 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; amended by Ord. 73-03, File No. 

022027, App. 4/25/2003) 

(Derivation: Former Administrative Code Sec- 
tion 58.125; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 345-98, App. 11/19/98) 

SEC. 3.1-140. ART COMMISSION. 

(a) Disclosure Category 2. Persons in this 
disclosure category shall disclose all investments 
and business positions in any business entity, 
and income from any source, which does busi- 
ness with the Art Commission, or has done 
business with the Art Commission within the 
two years prior to the date any disclosure state- 
ment must be filed, or which may foreseeably do 
business with the Art Commission in the future. 



Supp. No. 7, April 2007 



185 



Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-150. 



(b) Disclosure Category 3. Persons in this 
disclosure category shall disclose all investments 
and business positions in any business entity, 
and income from any source, which is subject to 
the regulatory, permit or licensing authority of 
the Art Commission. 

Designated Positions Disclosure Categories 

Commissioners 2 

Director of Cultural Affairs 1 

Deputy Director 1 

Management Assistants 2 

Curators 2 

Personnel Officer 2 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; amended by Ord. 73-03, File No. 

022027, App. 4/25/2003; Ord. 99-05, File No. 
041570, App. 5/25/2005) 

(Derivation: Former Administrative Code Sec- 
tion 58.130; added by Ord. 190-90, App. 5/24/90; 
amended by Ord. 380-94, App. 11/10/94; Ord. 
56-97, App. 3/6/97; Ord. 345-98, App. 11/19/98) 

SEC. 3.1-145. ASSESSOR-RECORDER. 
Designated Positions Disclosure Categories 

Assessor-Recorder 1 

Deputy Director 1 

Deputy Assessor-Recorder 1 

Chief Real Property 1 

Chief Personal Property 1 

Manager I 1 

Manager II 1 

Manager III 1 

Manager IV 1 

Manager V 1 

Manager VI 1 

Principal Real Property Appraiser 1 

Senior Real Property Appraiser 1 

Real Property Appraiser 1 

Real Property Appraiser Trainee 1 

Principal Property Auditor 1 

Senior Personal Property Auditor 1 

Personal Property Auditor 1 

Civil Engineering Associate 1 

Confidential Secretary to the 

Assessor-Recorder 1 

Senior Assessment Clerks (Transactions, 

Exemptions and Standards Units) 1 



Designated Positions Disclosure Categories 

Assessment Clerks (Transactions, 

Exemptions and Standards Units) 1 



(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 73-03, File No. 022027, 
App. 4/25/2003; Ord. 99-05, File No. 041570, App. 
5/25/2005; Ord. 80-07, File No. 070122, App. 4/19/ 
2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.135; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
56-97, App. 3/6/97; Ord. 345-98, App. 11/19/98) 

SEC. 3.1-150. BOARD OF SUPERVISORS. 

(a) Disclosure Category 2. Persons in this 
category shall disclose all investments and busi- 
ness positions held in business entities, and 
income from any business entity, engaged in the 
development, manufacture, distribution, sale or 
lease of computer hardware or software. 

(b) Disclosure Category 3. Persons in this 
category shall disclose all interests in real prop- 
erty 

Designated Positions Disclosure Categories 

Member, Board of Supervisors See Sec. 3.1-500 

Clerk of the Board 1 

Assistant Clerk of the Board 1 

Deputy Clerk 1 

Budget Analyst 1 

Member, Assessment Appeals Board 1 

Alternate Member, Assessment Appeals 

Board 1 

Hearing Officer, Assessment Appeals 1 

Assessment Appeals Administrator 3 

Administrator, Sunshine Ordinance Task 

Force 1 

IS Administrator III 2 

Senior Accountant 2 

Legislative Assistant 1 

Senior Legislative Analyst 1 

Legislative Analyst 1 

Records and Information Manager 1 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 73-03, File No. 022027, App. 
4/25/2003; Ord. 99-05, File No. 041570, App. 5/25/ 
2005; Ord. 80-07, File No. 070122, App. 4/19/2007) 



Supp. No. 7, April 2007 



Sec. 3.1-150. 



San Francisco - Campaign and Governmental Conduct Code 



186 



(Derivation: Former Administrative Code Sec- 
tion 58.140; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 190-90, App. 5/24/90; Ord. 
311-92, App. 10/9/92; Ord. 352-93, App. 11/12/93; 
Ord. 380-94, App. 11/10/94; Ord. 56-97, App. 
3/6/97; Ord. 345-98, App. 11/19/98; Ord. 340-99, 
File No. 992046, App. 12/30/99) 

SEC. 3.1-155. BUILDING INSPECTION, 
DEPARTMENT OF. 

Designated Positions Disclosure Categories 

Building Inspection Commission Member .... 1 

Building Inspection Commission Secretary . . 1 

Director of Building Inspection 1 

Assistant Director 1 

Deputy Director, Permit Services 1 

Deputy Director, Inspection Services 1 

Communications Manager 1 

Chief Administrative Officer 1 

Departmental Personnel Officer 1 

Manager of Administration 1 

Manager of Central Permit Bureau 1 

Building Code Analyst 1 

Principal Engineer 1 

Senior Civil Engineer 1 

Building Plans Engineer 1 

Mechanical Engineer 1 

Senior Mechanical Engineer 1 

Assistant Mechanical Engineer 1 

Structural Engineer 1 

Civil Engineer 1 

Associate Civil Engineer 1 

Assistant Civil Engineer 1 

Chief Building Inspector 1 

Senior Building Inspector 1 

Building Inspector 1 

Chief Electrical Inspector 1 

Senior Electrical Inspector 1 

Electrical Inspector 1 

Chief Plumbing Inspector 1 

Plumbing Inspector 1 

Chief Housing Inspector 1 

Senior Housing Inspector 1 

Housing Inspector 1 

Management Assistant (Permit Expediter) ... 1 

Board of Examiners Member 1 

Senior Plumbing Inspector 1 

Chief Clerk 1 

Permit Clerk II 1 



Designated Positions Disclosure Categories 

Access Appeals Commission Member 1 

Seismic Investigation and Hazard Survey 

Advisory Committee Member 1 

Unreinforced Masonry Buildings Appeals 

Board Member 1 

One-Stop Permit Manager 1 

One-Stop Permit Coordinator 1 

One-Stop Permit Clerk 1 

Manager of Customer Services 1 

Secretary to the Director 1 

Secretary to the Assistant Director 1 

Principal Administrative Analyst 1 

Manager of Management Informations 

Systems 1 

Manager IV 1 

IS Principal Business Analyst 1 

IS Senior Business Analyst 1 

IS Business Analyst 1 

IS Assistant Business Analyst 1 

IS Administrator II 1 

IS Administrator III 1 

IS Senior Engineer 1 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 73-03, File No. 022027, App. 
4/25/2003; Ord. 99-05, File No. 041570, App. 5/25/ 
2005; Ord. 80-07, File No. 070122, App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.145; added by Ord. 56-97, App. 3/6/97; 
amended by Ord. 345-98, App. 11/19/98; Ord. 
340-99, File No. 992046, App. 12/30/99) 



SEC. 3.1-160. CHILDREN AND FAMILIES 
FIRST COMMISSION. 

Designated Positions Disclosure Categories 

Member, Commission 1 

Executive Director 1 

Deputy Director 1 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; Ord. 80-07, File No. 070122, App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.150; added by Ord. 340-99, File No. 
992046, App. 12/30/99) 



Supp. No. 7, April 2007 



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Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-175. 



SEC. 3.1-163. CHILDREN, YOUTH AND 
THEIR FAMILIES, DEPARTMENT OF. 

Designated Positions Disclosure Categories 

Executive Director 1 

(Added by Ord. 99-05, File No. 041570, App. 
5/25/2005) 

SEC. 3.1-165. CITIZEN COMPLAINTS, 
OFFICE OF. 

Designated Positions Disclosure Categories 

Director 1 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.155; added by Ord. 190-90, App. 5/24/90; 
amended by Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-168. RESERVED. 

Editor's Note: 

Ord. 80-07, File No. 070122, Approved April 19, 
2007, repealed § 3.1-168, which pertained to Citizen's 
Committee on Community Development. (Added by 
Ord. 35-02, File No. 011875, App. 3/29/2002; Ord. 
80-07, File No. 070122, App. 4/19/2007) 

SEC. 3.1-169. CITIZEN'S GENERAL 
OBLIGATION BOND OVERSIGHT 
COMMITTEE. 

Designated Positions Disclosure Categories 

Members 1 

(Added by Ord. 73-03, File No. 022027, App. 
4/25/2003) 

SEC. 3.1-170. RESERVED. 

Editor's Note: 

Ord. 80-07, File No. 070122, Approved April 19, 
2007, repealed § 3.1-180, which pertained to the City 
Administrator (Added by Ord. 71-00, File No. 000358, 
App. 4/28/2000; amended by Ord. 58-01, File No. 
001951, App. 4/13/2001; Ord. 35-02, File No. 011875, 
App. 3/29/2002; Ord. 73-03, File No. 022027, App. 
4/25/2003; Ord. 99-05, File No. 041570, App. 5/25/ 
2005; Ord. 80-07, File No. 070122, App. 4/19/2007) 
(Derivation: Former Administrative Code Sec- 
tion 58.160; added by Ord. 3-90, App. 1/5/90; 



amended by Ord. 190-90, App. 5/24/90; Ord. 
311-92, App. 10/9/92; Ord. 56-97, App. 3/6/97; 
Ord. 340-99, File No. 992046, App. 12/30/99) 

SEC. 3.1-175. CITY ATTORNEY. 

(a) Disclosure Category 2. Persons in this 
category shall disclose all interests in real prop- 
erty, and all income from and investments in 
business entities which hold interests in real 
property in the jurisdiction, and all business 
positions held in such business entities. 

(b) Disclosure Category 3. Persons in this 
category shall disclose all sources of income, all 
investments, and all business positions in any 
business entity which does business in this ju- 
risdiction. 

(c) Disclosure Category 4. Persons in this 
category shall, for services, supplies, materials, 
machinery or equipment that they participate in 
purchasing, disclose all income from, invest- 
ments in, and business positions held in business 
entities which provide such services, supplies, 
materials, machinery or equipment of the type 
used by the Office of the City Attorney. 

Designated Positions Disclosure Categories 

City Attorney See Sec. 3.1-500 

Chief Assistant City Attorney 1 

Chief Deputy City Attorney 1 

Managing Attorney 1 

Chief, Public Integrity 1 

Chief, Litigation Division 1 

Chief, Civil Rights Litigation 1 

Chief, Complex Litigation 1 

Chief, Special Litigation 1 

Chief, Tort Litigation 1 

Team Leader, Litigation 1 

Attorneys, Litigation 4 

Attorneys, Claims 1 

Adjusters, Claims 1 

Lead Attorney, Airport 1 

Airport Attorney, Labor 3 

Airport Attorney, Business 1 

Airport Attorney, Land Use 2 

Airport Attorney, Finance 1 

Airport Attorney, Construction 1 

Lead Attorneys, Code Enforcement 1 

Attorneys, Code Enforcement 2, 4 

Attorneys, Construction 1 



Supp. No. 7, April 2007 



Sec. 3.1-175. 



San Francisco - Campaign and Governmental Conduct Code 



188 



Designated Positions Disclosure Categories 

Attorneys, Contracts 1 

Attorneys, Energy & Telecommunications. ... 1 

Attorneys, Ethics and Elections 1 

Attorneys, Real Estate & Finance 1 

Lead Attorney, Government Law Division. ... 1 

Lead Attorney, Government Law Litigation . . 1 

Lead Attorney, Government Law Advice 1 

General Counsel, Mayor's Office 1 

General Counsel, Board of Supervisors , 1 

Attorney, Arts Commission 3 

Attorney, Asian Art Museum 3 

Attorney, Assessment Appeals Board 1 

Attorney, Board of Supervisors 1 

Attorney, Business Tax Board of Review 3 

Attorney, Children and Families First Com- 
mission 3 

Attorney, Civil Service Commission 4 

Attorney, Commission on the Status of 

Women 3 

Attorney, Fine Arts Museum 3 

Attorney, Golden Gate Park Concourse Au- 
thority 1 

Attorneys, Government Law Litigation 1 

Attorney, Human Rights Commission 3 

Attorney, Library 3 

Attorney, Mayor's Office of Children, Youth 

and Families 3 

Attorney, Parking Authority 1 

Attorney, Real Estate Transfer Tax Review 

Board 1 

Attorney, Recreation and Park Department . . 1 

Attorney, Rent Board 1 

Attorney, Unified School District 1 

Attorney, Street Artists Program 3 

Attorney, Tax Advice and Legislation 1 

Attorney, Taxi Commission 3 

Attorney, Transbay Joint Powers Authority . . 1 

Attorney, Transportation Authority 1 

Attorney, Treasure Island Development Au- 
thority 1 

Attorney, War Memorial Board 3 

Attorneys, Health and Human Services 3 

Chief Labor & Retirement Attorney 1 

Attorneys, Labor & Retirement 4 

Attorneys, Land Use & Environment 1 

Attorneys, Port 1 

Lead Attorney, Public Protection 1 

Attorneys, Public Transportation 1 

Attorneys, Public Utilities 1 



Designated Positions Disclosure Categories 

Attorneys, Taxation 1 

Attorneys, Workers Compensation 4 

Chief, Claims and Investigation Division .... 3 

Chief Financial Officer 4 

City Attorney Librarian 4 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 35-02, File No. 011875, App. 
3/29/2002; Ord. 73-03, File No. 022027, App. 4/25/ 
2003; Ord. 99-05, File No. 041570, App. 5/25/2005; 
Ord. 80-07, File No. 070122, App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.165; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 190-90, App. 5/24/90; Ord. 
311-92, App. 10/9/92; Ord. 380-94, App. 11/10/94; 
Ord. 56-97, App. 3/6/97; Ord. 224-97, App. 6/6/97; 
Ord. 345-98, App. 11/19/98) 

SEC. 3.1-180. CIVIL GRAND JURY. 

Disclosure Category 2. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities, and income 
from any sources which have done business 
within the City and County in the previous two 
years and income from all individuals who are 
employees of the City and County and all inter- 
ests in real property. 

Designated Positions Disclosure Categories 

Member, Civil Grand Jury 2 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.170; added by Ord. 190-90, App. 5/24/90; 
amended by Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-185. CIVIL SERVICE 
COMMISSION. 

Disclosure Category 2. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities and income 
from any source which provides, or contracts 
with the City and County of San Francisco and 
its Civil Service Commission to provide, services, 
supplies, materials, machinery or equipment to 



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Conduct of Government Officials and Employees - 
Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-195. 



the Civil Service Commission. 

Designated Positions Disclosure Categories 

Civil Service Commissioner 2 

Executive Officer 2 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.175; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 380-94, App. 11/01/94; Ord. 
340-99, File No. 992046, App. 12/30/99) 

SEC. 3.1-190. COMMUNITY COLLEGE 
DISTRICT. 

Disclosure Category 2. Persons in this 
category shall disclose all interests in real prop- 
erty, investments in any business entity and 
income from any source which leases, rents or 
operates from property of the San Francisco 
Community College District or provides or con- 
tracts with the San Francisco Community Col- 
lege District to provide services (including con- 
struction, repair and maintenance), equipment, 
materials, supplies, vehicles, or other items of 
use to the San Francisco Community College 
District, or which may foreseeably do so in the 
future, or which has done so within two years 
prior to any time period covered by a statement 
of economic interest, and his or her status as a 
director, officer, partner, trustee, employee or 
holder of any management position in any such 
business entity. 

Designated Positions Disclosure Categories 

Members of the Board of Trustees 1 

Chancellor 1 

Vice Chancellor, Finance and 

Administration 1 

Vice Chancellor, Academic Affairs 2 

Vice Chancellor, Student Development 2 

Chief Financial Officer 1 

Director, Administrative Services 1 

Dean, Contract Education/Community 

Services 2 

Dean, School of Applied Science & 

Technology 2 

Dean, Chinatown/North Beach Campus/ 

School of International Education 2 

Director, Information Technology Services ... 2 

Consultant* 1 



* Consultants shall be included in the list of 
designated employees and shall disclose pur- 
suant to the broadest category in the Code 
subject to the following limitation: Consult- 
ants are deemed to not make or participate in 
the making of governmental decisions and 
therefore have no obligation to file State- 
ments of Economic Interest unless the Chan- 
cellor, on a case by case basis, makes a 
determination that a specific consultant does 
in fact make or participate in the making of 
governmental decisions. Such determination 
shall include a description of the consultant's 
duties and, based upon that description, a 
statement of the extent of disclosure require- 
ments. The Chancellor's determination is a 
public record and shall be retained for public 
inspection in the same manner and location 
as this Conflict of Interest Code. 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; amended by Ord. 58-01, File No. 

001951, App. 4/13/2001) 

(Derivation: Former Administrative Code Sec- 
tion 58.180; added by Ord. 190-90, App. 5/24/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
380-94, App. 11/10/94; Ord. 340-99, File No. 
992046, App. 12/30/99) 

SEC. 3.1-193. COMMUNITY 
DEVELOPMENT, MAYOR'S OFFICE OF. 

Designated Positions Disclosure Categories 

Citizen's Committee on Community 

Development Members 1 

Mayoral Staff 1 

Relocation Appeals Board Members 1 

SOMA Community Stabilization Fund 

Community Advisory Committee 

Members 1 

Small Business Revolving Loan Fund 

Committee Members 1 

(Added by Ord. 80-07, File No. 070122, App. 4/19/ 
2007) 

SEC. 3.1-195. CONTROLLER. 

Designated Positions Disclosure Categories 

Controller 1 

Chief Assistant Controller 1 



Supp. No. 7, April 2007 



Sec. 3.1-195. 



San Francisco - Campaign and Governmental Conduct Code 



190 



Designated Positions Disclosure Categories 

Director, Accounting Operations and 

Systems Division 1 

Director, Payroll and Personnel Systems 

Division 1 

Director, City Services Audits Division 1 

Director, Budget and Analysis Division 1 

Finance and Administration Manager 1 

Director, Accounting Operations and Grants 

Management 1 

Director, Financial Systems and Reporting . . 1 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 73-03, File No. 022027, App. 
4/25/2003; Ord. 99-05, File No. 041570, App. 5/25/ 
2005; Ord. 80-07, File No. 070122, App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.185; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 26-90, App. 1/24/90; Ord. 311- 
92, App. 10/9/92; Ord. 380-94, App. 11/10/94; 
Ord. 56-97, App. 3/6/97; Ord. 345-98, App. 11/19/ 
98; Ord. 340-99, File No. 992046, App. 12/30/99) 

Sec. 3.1-200. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; repealed by Ord. 58-01, File No. 001951, 
App. 4/13/2001) 

(Derivation: Former Administrative Code Sec- 
tion 58.190; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 380-94, App. 11/10/94; Ord. 
345-98, App. 11/19/98; Ord. 340-99, File No. 
992046, App. 12/30/99) 

SEC. 3.1-205. DISTRICT ATTORNEY. 

Disclosure Category 2. Persons in this 
category shall disclose all income froin and in- 
vestments in businesses that provide services or 
that manufacture or sell supplies of the type 
used by the Office of the District Attorney. 

Designated Positions Disclosure Categories 

District Attorney See Sec. 3.1-500 
Chief Assistant District Attorney (Chief At- 
torney II) 1 

Assistant Chief Attorney II 1 

Assistant Chief Attorney 1 1 

Manager of Legal Operations 1 

Chief Financial Officer 1 



Designated Positions Disclosure Categories 

All Attorneys 1 

All Investigators 1 

Coordinator of Victim Services 2 

Witness Services Specialist 2 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 99-05, File No. 041570, App. 
5/25/2005; Ord. 80-07, File No. 070122, App. 4/19/ 
2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.200; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 340-99, File No. 992046, App. 
12/30/99) 



SEC. 3.1-207. ECONOMIC AND 
WORKFORCE DEVELOPMENT, 
DEPARTMENT OF. 

Designated Positions Disclosure Categories 

Executive Director 1 

Director, Base Re-use and Development 1 

Director, Public Finance 1 

Project Directors 1 

Project Managers 1 

Confidential Assistant to Department Head. . 1 

Public Distribution Resource Manager 1 

City Build Project Director 1 

Contract Compliance Officer I 1 

Contract Compliance Officer II 1 

Employment Liaison 1 

Employment Liaison/City Build Academy 

Coordinator 1 

(Added by Ord. 99-05, File No. 041570, App. 5/25/ 
2005; Ord. 80-07, File No. 070122, App. 4/19/2007) 

SEC. 3.1-210. ECONOMIC 
OPPORTUNITY COUNCIL. 

Disclosure Category 2. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities and income 
from any source which provides, or contracts 
with the City and County of San Francisco and 
its Economic Opportunity Council to provide, 
services, supplies, materials, machinery or equip- 
ment to the Economic Opportunity Council. 



Supp. No. 7, April 2007 



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Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-225. 



Designated Positions Disclosure Categories 

Executive Director 1 

Chief Fiscal Officer 1 

Purchasing Component Head 2 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.201; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
340-99, File No. 992046, App. 12/30/99) 

SEC. 3.1-215. ELECTIONS, 
DEPARTMENT OF. 

Disclosure Category 2. Persons in this 
category shall disclose all interests in real prop- 
erty, and all investments and business positions 
in business entities and income from any source 
which manufactures or sells supplies, materials, 
machinery or equipment or provides services of 
the type used by the Department of Elections. 

Designated Positions Disclosure Categories 

Members, Elections Commission 2 

Director of Elections 2 

Deputy Director 2 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; amended by Ord. 58-01, File No. 
001951, App. 4/13/2001; Ord. 35-02, File No. 
011875, App. 3/29/2002; Ord. 213-04, File No. 
040856, App. 8/25/2004) 

(Derivation: Former Administrative Code Sec- 
tion 58.202; added by Ord. 56-97, App. 3/6/97; 
amended by Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-218. EMERGENCY 
MANAGEMENT, DEPARTMENT OF. 

Designated Positions Disclosure Categories 

Executive Director 1 

Deputy Director of Emergency 

Communications 1 

Deputy Director of Emergency Services 1 

Client Services Manager 1 

Director of Finance and Administration 1 

Director of Human Resources 1 

Administrative Manager 1 



(Added by Ord. 35-02, File No. 011875, App. 3/29/ 
2002; amended by Ord. 99-05, File No. 041570, 
App. 5/25/2005; Ord. 80-07, File No. 070122, App. 
4/19/2007) 

SEC. 3.1-220. RESERVED. 

Editor's Note: 

Ord. 80-07, File No. 070122, Approved April 19, 
2007, repecded § 3.1-220, which pertained to Emer- 
gency Services. (Added by Ord. 71-00, File No. 000358, 
App. 4/28/2000; Ord. 80-07, File No. 070122, App. 
4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.203; added by Ord. 3-90, App. 1/1/90; 
amended by Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-222. RESERVED. 

Editor's Note: 

Ord. 80-07, File No. 070122, Approved Aprd 19, 
2007, repealed § 3.1-222, which pertained to the 
Entertainment Commission. (Added by Ord. 99-05, File 
No. 041570, App. 5/25/2005; Ord. 80-07, File No. 
070122, App. 4/19/2007) 

SEC. 3.1-225. ENVIRONMENT, 
DEPARTMENT OF THE. 

(a) Disclosure Category 2. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities and income 
from any source which provides, or contracts 
with the Department of the Environment to 
provide, services, supplies, materials, machinery 
or equipment to the Department of the Environ- 
ment. 

Designated Positions Disclosure Categories 

Commission Member 1 

Executive Director 1 

Deputy Director 1 

Principal Environmental Specialist 2 

Environmental Program Manager 2 

(Added by Ord. 73-03, File No. 022027, App. 
4/25/2003) (Former Sec. 3.1-225 added by Ord. 
71-00, File No. 000358, App. 4/28/2000; repealed 
by Ord. 58-01, File No. 001951, App. 4/13/2001) 



Supp. No. 7, April 2007 



Sec. 3.1-225. 



San Francisco - Campaign and Governmental Conduct Code 



192 



(Derivation: Former Administrative Code Sec- 
tion 58.204; added by Ord. 56-97, App. 3/6/97; 
amended by Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-230. ETHICS COMMISSION. 
Designated Positions Disclosure Categories 

Commission Member 1 

Executive Director 1 

Deputy Executive Director 1 

Assistant Deputy Executive Director 1 

Chief Enforcement Officer 1 

Investigator/Legal Analyst 1 

Assistant Investigator/Legal Analyst 1 

Campaign/Public Finance Auditor 1 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 73-03, File No. 022027, App. 
4/25/2003; Ord. 99-05, File No. 041570, App. 5/25/ 
2005; Ord. 80-07, File No. 070122, App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.205; added by Ord. 380-94, App. 11/10/94; 
amended by Ord. 56-97, App. 3/6/97; Ord. 345-98, 
App. 11/19/98; Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-235. EXAMINERS, PLUMBING, 
ELECTRICAL AND HIGH-RISE 
SPRINKLERS, BOARD OF. 

Designated Positions Disclosure Categories 

Members, Board of Examiners 1 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; amended by Ord. 58-01, File No. 
001951, App. 4/13/2001) 

(Derivation: Former Administrative Code Sec- 
tion 58.206; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-240. FILM AND VIDEO ARTS 
COMMISSION. 

Disclosure Category 2. Persons in this 
category shall disclose all investments and busi- 
ness positions in, and income from, any film 
company that does business in the City and 
County within two years of the period covered by 
any statement of economic interest, or may fore- 



seeably do business in the City and County. The 
term "film company" shall have the meaning 
ascribed to it by Section 57.1 of the Administra- 
tive Code of the City and County of San Fran- 
cisco. 

Designated Positions Disclosure Categories 

Commissioner 2 

Executive Director 1 

Deputy Director 1 

Administrative Assistant 1 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; amended by Ord. 73-03, File No. 
022027, App. 4/25/2003) 

(Derivation: Former Administrative Code Sec- 
tion 58.207; added by Ord. 296-91, App. 7129191; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
345-98, App. 11/19/98) 

SEC. 3.1-242. FINANCE CORPORATION. 

Designated Positions Disclosure Categories 

President 1 

Chief Financial Officer 1 

Secretary 1 

(Added by Ord. 58-01, File No. 001951, App. 4/13/ 
2001; Ord. 80-07, File No. 070122, App. 4/19/2007) 

SEC. 3.1-245. FINE ARTS MUSEUMS. 

(a) Disclosure Category 2. Persons in this 
disclosure category shall disclose all investments 
and business positions in any business entity, 
and income from any source, involved in the 
buying or selling of works of art and which does 
business with The Fine Arts Museums of San 
Francisco, or has done business with the Muse- 
ums within the two years prior to the date any 
disclosure statement must be filed, or which may 
foreseeably do business with the Museums in the 
future. 

(b) Disclosure Category 3. Persons in this 
disclosure category shall disclose all investments 
and business positions in any business entity, 
and income from any source, engaged in the 
construction trade and which does business with 
The Fine Arts Museums of San Francisco, or has 
done business with the Museums within the two 



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Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-250. 



years prior to the date any disclosure statement 
must be filed, or which may foreseeably do busi- 
ness with the Museums in the fiiture. 

(c) Disclosure Category 4. Persons in this 
disclosure category shall disclose all investments 
and business positions in any business entity, 
and income fi^om any source, involved in the sale 
and/or installation of signalling systems, includ- 
ing fire alarms, burglar alarms and similar sys- 
tems, which does business with The Fine Arts 
Museums of San Francisco, or has done business 
with the Museums within the two years prior to 
the date any disclosure statement must be filed, 
or which may foreseeably do business with the 
Museums in the future. 

(d) Disclosure Category 5. Persons in this 
category shall disclose all investments and busi- 
ness positions in any business entity, and income 
from any source, which does business with The 
Fine Arts Museums of San Francisco, or has 
done business with the Museums within the two 
years prior to the date any disclosure statement 
must be filed, or which may foreseeably do busi- 
ness with the Museums in the future. 

(e) Disclosure Category 6. Persons in this 
disclosure category shall disclose all investments 
and business positions in any business entity, 
and income from any source, involved in the 
design and publication of printed material, or 
the reproduction of works of art, which does 
business with The Fine Arts Museums of San 
Francisco, or has done business with the Muse- 
ums within the two years prior to the date any 
disclosure statement must be filed, or which may 
foreseeably do business with the Museums in the 
future. 

(0 Disclosure Category 7. Persons in this 
disclosure category shall disclose all investments 
and business positions in any art gallery and 
business entity, and income from any source, 
which manufacturers or sells art supplies, books, 
machinery or equipment, or which provides ser- 
vices to the Museums. 
Designated Positions Disclosure Categories 

Trustee -2, 3, 4 

Director 5, 7 



Designated Positions Disclosure Categories 

Deputy Director for Operations and Person- 
nel 5, 7 

Curator-In-Charge, Achenbach Foundation 

for Graphic Arts 2, 6, 7 

Curator, Graphic Arts -2, 6, 7 

Buildings & Grounds Maintenance Superin- 
tendent ^, 4, 7 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 73-03, File No. 022027, App. 
4/25/2003; Ord. 99-05, File No. 041570, App. 5/25/ 
2005; Ord. 80-07, File No. 070122, App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.210; added by Ord. 190-90, App. 5/24/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
380-94, App. 11/10/94; Ord. 56-97, App. 3/6/97; 
Ord. 345-98, App. 11/19/98) 

SEC. 3.1-250. FIRE DEPARTMENT. 

(a) Disclosure Category 2. Persons in this 
disclosure category shall disclose all interests in 
real property, and all investments in, income 
from, and any business position in any business 
entity which manufactures or sells supplies, ma- 
terials, machinery or equipment of the type 
purchased by the San Francisco Fire Depart- 
ment, or which provides services of the type used 
by the Department. 

(b) Disclosure Category 3. Persons in this 
disclosure category shall disclose all investments 
and business positions in business entities, and 
income from any source, which manufactures or 
sells supplies, materials, machinery or equip- 
ment of the type purchased by the San Francisco 
Fire Department, or which provides services of 
the type used by the Department. 

(c) Disclosure Category 4. Persons in this 
disclosure category shall disclose all investments 
and business positions in business entities, and 
income from any source, which provides person- 
nel training services of the type used by the 
Department. 

Designated Positions Disclosure Categories 



Commissioners 

Chief of Department 



Supp. No. 7, April 2007 



Sec. 3.1-250. 



San Francisco - Campaign and Governmental Conduct Code 



194 



Designated Positions Disclosure Categories 

Deputy Chief of Department 1 

Chief Financial Officer 1 

Assistant Deputy Chief II 2 

Captain, Bureau of Equipment 3 

Captain, Bureau of Support Services 3 

Assistant Deputy Chief, Airport 1 

Fire Marshal 1 

Assistant Chief 3 

Bureau of Fire Investigation — All personnel . 2 
Fire Prevention — All ranks Employees 

with inspection responsibilities 1 

Water Supply Supervisor 3 

Facilities Maintenance Supervisor 3 

Utility Plumber Supervisor I 2 

Utility Plumber Supervisor II 2 

H-53 EMS Chief 2 

H-43 EMS Section Chiefs 2 

Human Resources Director 3 

Public Information Officer 4 

Fire Commission Secretary 4 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; amended by Ord. 58-01, File No. 

001951, App. 4/13/2001; Ord. 73-03, File No. 
022027, App. 4/25/2003) 

(Derivation: Former Administrative Code Sec- 
tion 58.215; added by Ord. 190-90, App. 5/24/90; 
amended by Ord. 345-98, App. 11/19/98) 

SEC. 3.1-251. GENERAL SERVICES 
AGENCY — CITY ADMINISTRATOR. 

(a) Disclosure Category 2. Persons in this 
category shall disclose all interests in real prop- 
erty. 

(b) Disclosvire Category 3. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities, interests in 
real property, and income from any source that is 
subject to the regulatory, permit or licensing 
authority of the General Services Agency. 

(c) Disclosure Category 4. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities and income 
from any source which provides, or contracts 
with the City and County of San Francisco and 
its Purchasing Department to provide, or has 



provided within the last two years, commodities 
or services to the City and County of San Fran- 
cisco. 

(d) Disclosure Category 5. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities and income 
from any source which provides, or contracts 
with the City and County of San Francisco to 
provide, or has provided within the last two 
years, commodities or services to either the Di- 
vision of the Purchasing Department to which 
the person is assigned or the Department (other 
than the Purchasing Department) to which the 
person is assigned. 

Designated Positions Disclosure Categories 

Main Office 

City Administrator 1 

Assistant City Administrator 1 

Deputy Director, General Services Agency ... 1 

Director of Information Technology 1 

Animal Control Department 

Executive Director 1 

Deputy Director 1 

Central Shops 

Principal Parts Storekeeper 5 

Parts Storekeeper 5 

Auto Service Worker 5 

Automotive Mechanic Supervisor 5 

Automotive Machinist Supervisor 5 

Maintenance Machinist Supervisor 5 

Manager, Fleet Services 5 

Assistant Manager, Fleet Services 5 

County Clerk 

County Clerk 1 

Director 1 

Entertainment Commission 

Commissioner 1 

Executive Director 1 

Assistant Executive Director 1 

Permit Administrator 1 

Sound Technician 1 

Grants for the Arts 

Director 1 

Assistant Director 1 

Immigrant Rights Commission 

Commission Member 1 

Executive Director 1 

Mayor's Office on Disability 

Director 1 




Supp. No. 7, April 2007 



195 



Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-252. 



Designated Positions Disclosure Categories 

Deputy Director 1 

Medical Examiner 

Chief Medical Examiner 1 

Administrator 1 

Office of Contract Administration 

Director of Purchasing 1 

Assistant Director 2, 4 

Supervising Purchaser 4 

Senior Purchaser 4 

Purchaser 4 

Assistant Purchaser 4 

MCO/Health Manager 3 

Labor Standards Manager 3 

Contract CompUance Officer 4 

Senior Storekeeper 5 

Storekeeper 5 

Office of Labor Standards Enforcement 

Manager 1 

Contract Comphance Officer 1 1 

Contract Comphance Officer II 1 

Office of Public Finance 

Director 1 

Bond Associate 1 

Comphance and Administrative Officer 1 

Property Management and Convention 
Facilities 

Director 1 

City Hall Building General Manager 1 

City Hall Chief Engineer 1 

City Hall Custodial Services Manager 1 

City Hall Building Services Manager 1 

City Hall Security Services Manager 1 

Senior Event Manager 1 

Special Projects Manager 1 

Special Projects Assistant Manager 1 

Convention Facilities Contract Administra- 
tor 1 

Principal Real Property Officer 1 

Senior Real Property Officer 1 

Real Property Officer 1 

Farmers Market Manager 1 

Real Estate Division 

Director of Real Estate 1 

Assistant Director of Real Estate 1 

Principal Real Property Officer 1 

Senior Real Property Officer 1 

Real Property Officer 1 

Head Accountant 1 

Risk Management Division 



Designated Positions Disclosure Categories 

Risk Manager 1 

Deputy Risk Manager 1 

Reproduction and Mail Services 

Reproduction Manager 5 

Assistant Reproduction Manager 5 

City Planning Graphics Supervisor 5 

Treasure Island Operations 

Director 1 

Deputy Director III 1 

Manager V 1 

Senior Real Property Officer 1 

311 Project 

Director 1 

Deputy Director 1 

(Added by Ord. 80-07, File No. 070122, App. 4/19/ 
2007) 

SEC. 3.1-252. GENERAL SERVICES 
AGENCY — PUBLIC WORKS, 
DEPARTMENT OF. 

Designated Positions Disclosure Categories 

General Office 

Director of Public Works 1 

Deputy Director of Public Works and 

Engineering 1 

Deputy Director of Public Works and 

Operations 1 

Director of Government and Public Affairs ... 1 

Stores & Equipment Assistant Supervisor ... 1 
Special Assistant to the Director, Manager 

VI 1 

Mobile Equipment Supervisor 1 

Assistant Mobile Equipment Supervisor 1 

Office of Financial Management and 
Administration 

Deputy Director for Financial Management 

and Administration 1 

Financial Manager, Budget and Analysis 

Division 1 

Computer Services Division Manager 1 

Contract Section Manager 1 

Financial Manager, Business Services 

Division 1 

Bureau of Architecture 

Bureau Manager - BOA 1 

Assistant City Architect 1 



Supp. No. 7, April 2007 



Sec. 3.1-252. 



San Francisco - Campaign and Governmental Conduct Code 



196 



Designated Positions Disclosure Categories 

Principal Architect 1 

Senior Architect 1 

Architect 1 

Project Manager 1 1 

Project Manager II 1 

Project Manager III 1 

Project Manager IV 1 

Bureau of Building Repair 

Operations Bureau Superintendent - BBR ... 1 
PubHc Building Maintenance and Repair 

Assistant Superintendent 1 

Building and Grounds Maintenance 

Supervisor 1 

Cement Finisher Supervisor II 1 

Glazier Supervisor I 1 

Locksmith Supervisor I 1 

Plumber Supervisor II 1 

Sheet Metal Supervisor II 1 

Maintenance Planner 1 

Carpenter Supervisor II 1 

Electrician Supervisor II 1 

Painter Supervisor II 1 

Steam Filter Supervisor I 1 

General Services Manager 1 

Senior Stationary Engineer 1 

Bureau of Engineering 

Bureau Manager - BOE 1 

Principal Engineer 1 

Project Manager 1 1 

Project Manager II 1 

Project Manager III 1 

Project Manager IV 1 

Manager VI 1 

Manager VIII 1 

Program Manager I 1 

Senior Engineer 1 

Engineer 1 

Administrative Engineer 1 

Associate Engineer 1 

Structural Engineer 1 

Senior Landscape Architect 1 

Landscape Architect 1 

Landscape Architectural Associate I 1 

Landscape Architectural Associate II 1 

Disability Access Coordinator 1 

Manager, Regulatory and Environmental 

Affairs 1 



Designated Positions Disclosure Categories 



Bureau of Environmental Services 

Operations Bureau Superintendent - BSES 
Street Cleaning and Planting Assistant 

Superintendent 

Street Environmental Services Operations 

Supervisor 



Bureau of Street and Sewer Repair 

Operations Bureau Superintendent - BSSR . . 1 
Assistant Superintendent of Streets and 

Sewer Repair 1 

Asphalt Plant Supervisor I 1 

Senior Stationary Engineer 1 

Street Repair Supervisor II 1 

Sewer Repair Supervisor 1 

Bureau of Construction Management 

Bureau Manager - BCM 1 

Principal Engineer 1 

Senior Engineer 1 

Administrative Engineer 1 

Engineer 1 

Associate Engineer 1 

Assistant Engineer 1 

Building Inspector 1 

Senior Building Inspector 1 

Assistant Construction Inspector 1 

Construction Inspector 1 

Senior Construction Inspector 1 

Cost Estimator 1 

Junior Engineer 1 

Program Manager I 1 

Program Manager II 1 

Project Manager 1 1 

Project Manager II 1 

Project Manager III 1 

Project Manager IV 1 

Bureau of Street Use and Mapping 

Bureau Manager - BSM 1 

Senior Plan Checker 1 

Senior Engineer 1 

Associate Engineer 1 

Assistant Engineer 1 

Junior Engineer 1 

Chief Surveyor 1 

Engineering Associate II 1 

Street Inspector 1 



Supp. No. 7, April 2007 



197 



Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-260. 



Designated Positions Disclosure Categories 

Senior Street Inspector 1 

Street Inspection Supervisor 1 

Project Manager 1 1 

Project Manager II 1 

Project Manager III 1 

Project Manager IV 1 

Manager IV, Inspection and Enforcement .... 1 

Manager V, Deputy Bureau Chief - BSM 1 

Manager VI, County Surveyor 1 

Bureau of Urban Forestry 

Bureau Superintendent - BUF 1 

Assistant Bureau Superintendent 1 

Cement Finisher Supervisor II 1 

Maintenance Manager 1 

Urban Forester 1 

Tree Topper Supervisor II 1 

Program Support Analyst 1 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 73-03, File No. 022027, App. 
4/25/2003; Ord. 99-05, File No. 041570, App. 5/25/ 
2005; Ord. 80-07, File No. 070122, App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion § 3.1-252 renumbered as § 3.1-255 by Ord. 
80-07, File No. 070122, App. 4/19/2007) (Added 
by Ord. 58-01, File No. 001951, App. 4/13/2001; 
Ord. 80-07, File No. 070122, App. 4/19/2007) 

SEC. 3.1-253. GENERAL SERVICES 
AGENCY — TELECOMMUNICATIONS 
AND INFORMATION SERVICES, 
DEPARTMENT OF. 

Disclosure Category 2. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities and income 
from any source which provides, or contracts 
with the City and County of San Francisco and 
its Department of Telecommunications and In- 
formation Services to provide services, supplies, 
materials, machinery or equipment to the De- 
partment of Telecommunications and Informa- 
tion Services. 

Designated Positions Disclosure Categories 



Designated Positions Disclosure Categories 

Chief Technology Officer 1 

Chief Operations Officer 1 

Financial Services Manager 1 

Procurement Manager 1 

Contracts Administrators 1 

Chief Consulting Officer 1 

TechConnect Manager 1 

SFGTV Manager 1 

Infrastructure Manager 1 

Production Application Manager 1 

Architecture Manager 1 

Communications Manager 1 

Logistics Manager 1 

Enterprise Services Manager 1 

Financial Systems Manager 1 

Pubhc Safety/JUSTIS Manager 1 

CRM Manager 1 

Policy, Planning & Compliance Manager 1 

Contracts & Procurement Review Manager . . 1 

(Added by Ord. 80-07, File No. 070122, App. 4/19/ 
2007) 

SEC. 3.1-255. GOLDEN GATE PARK 
CONCOURSE AUTHORITY. 

Designated Positions Disclosure Categories 



Directors 

Chief Executive Officer. 



Executive Director 

Chief Administrative Officer 



(Added by Ord. 58-01, File No. 001951, App. 4/13/ 
2001; Ord. 80-07, File No. 070122, App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 3.1-255 Added by Ord. 71-00, File No. 000358, 
App. 4/28/2000; repealed by Ord. 99-05, File No. 
041570, App. 5/25/2005) 

(Derivation: Former Administrative Code Sec- 
tion 58.216; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-260. HEALTH AUTHORITY. 

Disclosure Category 2. Persons in this 
category shall disclose all investments in, busi- 
ness positions with, and income from business 
entities, including nonprofit entities, which may 
receive funds from the Health Authority, or con- 
tract with the Health Authority, or provide ser- 
vices of the type utilized by the Health Authority, 



Supp. No. 7, April 2007 



Sec. 3.1-260. 



San Francisco - Campaign and Governmental Conduct Code 



198 



including but not limited to health care provid- 
ers and community-based health and social ser- 
vice organizations. 

Designated Positions Disclosure Categories 

Members of the Governing Board 2 

Chief Executive Officer 2 

All staff at the Director level or above 2 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; amended by Ord. 73-03, File No. 
022027, App. 4/25/2003) 

(Derivation: Former Administrative Code Sec- 
tion 58.218; added by Ord. 245-97, App. 6/13/97) 

SEC. 3.1-265. RESERVED. 

Editor's Note: 

Ord. 80-07, File No. 070122, Approved April 19, 
2007, renumbered §3.1 -265 as § 3.1 -362 and amended 
same. 

(Derivation: Former Administrative Code Sec- 
tion 3.1-265 Added by Ord. 71-00, File No. 000358, 
App. 4/28/2000; amended by Ord. 73-03, File No. 
022027, App. 4/25/2003; Ord. 99-05, File No. 
041570, App. 5/25/2005; Ord. 80-07, File No. 
070122, App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.220; added by Ord. 3-90, App. 1/5/90 
amended by Ord. 311-92, App. 10/9/92; Ord 
380-94, App. 11/10/94; Ord. 56-97, App. 3/6/97 
Ord. 202-98, App. 6/19/98; Ord. 345-98, App 
11/19/98; Ord. 340-99, File No. 992046, App 
12/30/99) 

SEC. 3.1-267. HEALTH SERVICE 
SYSTEM. 

Designated Positions Disclosure Categories 

Health Service Board Member 1 

Director, Health Service System 1 

Assistant Director 1 

Chief Financial Officer 1 

(Added by Ord. 99-05, File No. 041570, App. 5/25/ 
2005; Ord. 80-07, File No. 070122, App. 4/19/2007) 

Sec. 3.1-268. 

(Added by Ord. 58-01, File No. 001951, App. 
4/13/2001; repealed by Ord. 99-05, File No. 041570, 
App. 5/25/2005) 



SEC. 3.1-270. HOUSING AUTHORITY. 

Disclosure Category 2. Persons in this 
disclosure category shall disclose all investments 
in, income from, and any business position in 
any business entity which leases, rents or oper- 
ates from property of the San Francisco Housing 
Authority, or which provides or contracts with 
the Housing Authority to provide, services, sup- 
plies, materials, machinery or equipment to the 
Authority, or which has done so within the two 
years prior to the filing of any disclosure state- 
ment, or which may foreseeably do so in the 
future. 

Designated Positions Disclosure Categories 

Commissioners 1 

Executive Director 1 

Accounting Manager 1 

Administrator, Finance 1 

Administrator, Housing Development & 

Modernization 1 

Administrator, Management Services & Sup- 
port 1 

Administrator, Public Housing Operations ... 1 

Administrator, Section 8 1 

Assistant Executive Director 1 

Assistant General Counsel 1 

Attorney I 1 

Attorney E 1 

Budget Manager 2 

Buyer 2 

Construction Inspector 2 

Construction Services Manager 2 

Construction Services Manager 1 

Deputy Department Administrator, Housing 

Development & Modernization 1 

Deputy Department Administrator 1 

Deputy Executive Director 1 

Director of Central Services 2 

Director of Human Resources 2 

Director of Management Information Sys- 
tems 2 

Director of Occupational Health & Safety. ... 2 

Director of Public Housing Operations 2 

Domestic Violence & Crisis Intervention 

Specialist 2 

General Counsel 1 

Hope VI Program Manager 2 

Housing Inspector I 2 

Housing Inspector II 2 



Supp. No. 7, April 2007 



199 



Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-285. 




Designated Positions Disclosure Categories 

Human Resources Manager 2 

Labor/Employee Relations Manager 2 

Maintenance Inspector 2 

Manager of Central Maintenance 2 

Materials Control Officer 1 

Materials Manager 1 

Planning and Programs Director 2 

Program Manager I 2 

Program Manager II 2 

Program Manager III 2 

Program Specialist II 2 

Project Manager 2 

Senior Buyer 2 

Senior Project Manager 2 

Special Programs Manager 2 

Vacates Manager 2 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 73-03, File No. 022027, App. 
4/25/2003; Ord. 99-05, File No. 041570, App. 5/25/ 
2005; Ord. 80-07, File No. 070122, App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.225; added by Ord. 190-90, App. 5/24/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
56-97, App. 3/6/97; Ord. 345-98, App. 11/19/98; 
Ord. 340-99, File No. 992046, App. 12/30/99) 



SEC. 3.1-275. HUMAN RESOURCES 
DEPARTMENT. 

Disclosure Category 2. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities and income 
from any source which provides, or contracts 
with the City and County of San Francisco and 
its Human Resources Department to provide, 
services, supplies, materials, machinery or equip- 
ment to the Human Resources Department. 

Designated Positions Disclosure Categories 

Human Resources Director 1 

Deputy Director 1 

Assistant Deputy Director 2 

Employee Relations Director 1 

EEO Manager 1 

Workforce Development Director 2 



(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 73-03, File No. 022027, App. 
4/25/2003; Ord. 99-05, File No. 041570, App. 5/25/ 
2005; Ord. 80-07, File No. 070122, App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.235; added by Ord. 380-94, App. 11/10/94; 
amended by Ord. 345-98, App. 11/19/98) 

SEC. 3.1-280. HUMAN RIGHTS 
COMMISSION. 

Disclosure Category 2. Persons in this 
position shall disclose all investments and busi- 
ness positions in business entities, interests in 
real property, and sources of income subject to 
the regulatory, permit or licensing authority of 
the Human Rights Commission. 

Designated Positions Disclosure Categories 

Members, Human Rights Commission 2 

Executive Director 1 

Program Manager IV 2 

Contract Compliance Officer II 2 

Contract Compliance Officer 1 2 

Coordinator 2 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; amended by Ord. 58-01, File No. 
001951, App. 4/13/2001; Ord. 99-05, File No. 
041570, App. 5/25/2005) 

(Derivation: Former Administrative Code Sec- 
tion 58.240; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 345-98, App. 11/19/98) 

SEC. 3.1-285. HUMAN SERVICES 
COMMISSION. 

(a) Disclosure Category 2. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities and income 
from any source which provides, or contracts 
with the City and County of San Francisco and 
its Department of Human Services to provide, 
services, supplies, materials, machinery or equip- 
ment to the Human Services Department. 

(b) Disclosure Category 3. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities and income 



Supp. No. 7, April 2007 



Sec. 3.1-285. 



San Francisco - Campaign and Governmental Conduct Code 



200 



from any source which owns or operates any 
board and care home, foster institution for chil- 
dren or home health agency in the jurisdiction. 
(c) Disclosure Category 4. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities and income 
from any source which is engaged in the sale of 
products or services related to data processing. 

Designated Positions Disclosure Categories 

Members, Human Services Commission 1 

Executive Director 1 

Administrator, First Source Hiring 2 

Affirmative Action Officer 2 

Contract Managers 2 

Deputy Directors 1 

Director, Contracts 2 

Director, Information Technology 4 

Director, Homeless Programs 2 

Director, Support Services 2 

Director, Special Needs Programs 2 

Manager, Budget 1 

Manager, Investigations 3 

Manager, Fiscal Operations 1 

Program Manager, Family and Children's 

Services 2, 3 

Program Manager, CalWorks 2 

Program Manager, Child Care 2 

Program Manager, County Adult Assistance 

Programs 2 

Program Manager, Food Stamps 2 

Program Manager, Housing & Homeless Ser- 
vices 2 

Program Manager, Staff Development 2 

Program Manager, Workforce Development . . 2 
Special Assistants to the Executive Director 

for Welfare Reform 2 

Supervisor, Materials and Supplies 2 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 99-05, File No. 041570, App. 
5/25/2005; Ord. 80-07, File No. 070122, App. 4/19/ 
2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.242; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
380-94, App. 11/10/94; Ord. 345-98, App. 11/19/ 
98; Ord. 340-99, File No. 992046, App. 12/30/99) 

SEC. 3.1-290. RESERVED. 
Editor's Note: 



Ord. 80-07, File No. 070122, Approved April 19, 
2007, repealed § 3.1-290, which pertained to the Joint 
Powers Financing Authority. (Added by Ord. 71-00, 
File No. 000358, App. 4/28/2000; Ord. 80-07, File No. 
070122, App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.245; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 56-97, App. 3/6/97) 

SEC. 3.1-295. JUVENILE PROBATION 
COMMISSION. 

Disclosure Category 2. Persons in this 
disclosure category shall disclose all interests in 
real property, investments and business posi- 
tions in any business entity, and income from 
any source, that provides or contracts to provide 
to the Juvenile Probation Department, any equip- 
ment, supplies, machinery, materials or services, 
or has done so within two years prior to the filing 
of any statement of economic interest, or may 
foreseeably do so in the future. 

Designated Positions Disclosure Categories 

Commissioner 2 

Chief Probation Officer 1 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.250; added by Ord. 190-90, App. 5/24/90) 

SEC. 3.1-300. LANDMARKS 
PRESERVATION ADVISORY BOARD. 

Designated Positions Disclosure Categories 

Board Member 1 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.252; added by Ord. 190-90, App. 5/24/90) 

SEC. 3.1-305. LAW LIBRARY. 

Disclosure Category 2. Persons in this 
category shall disclose all sources of income from 
any business that sells or provides supplies, 
materials, books, machinery or services or equip- 
ment of the t3^e utilized by the San Francisco 
Law Library in an aggregate of $5,000 per an- 
num or more. 




Supp. No. 7, April 2007 



201 



Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-315. 



Designated Positions Disclosure Categories 

Law Librarian-Secretary All 2 

Chief Assistant Law Librarian 

Members of the Board of Trustees 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.255; added by Ord. 3-90, App. 1/5/90; 
amended Ord. 345-98, App. 11/19/98) 

SEC. 3.1-310. LIBRARY, PUBLIC. 

Disclosure Category 2. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities and income 
from any source which provides, or contracts 
with the City and County of San Francisco and 
its Public Library Department to provide, ser- 
vices, supplies, materials, machinery or equip- 
ment to the Public Library Department. 

Designated Positions Disclosure Categories 

Commissioners 1 

City Librarian 1 

Deputy City Librarian 2 

Finance Director 2 

Director of Operations and Maintenance 2 

Librarian IV 2 

Secretary to the Library Commission 2 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; amended by Ord. 58-01, File No. 

001951, App. 4/13/2001; Ord. 73-03, File No. 

022027, App. 4/25/2003; Ord. 99-05, File No. 
041570, App. 5/25/2005) 

(Derivation: Former Administrative Code Sec- 
tion 58.257; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 345-98, App. 11/19/98; Ord. 
340-99, File No. 992046, App. 12/30/99) 

SEC. 3.1-312. LOCAL AGENCY 
FORMATION COMMISSION. 

Designated Positions Disclosure Categories 




Member 

Executive Officer 



(Added by Ord. 58-01, File No. 001951, App. 4/13/ 
2001; Ord. 80-07, File No. 070122, App. 4/19/2007) 



SEC. 3.1-315. MAYOR'S OFFICE. 
Designated Positions Disclosure Categories 

Mayor See Sec. 3.1-500 

Administrative Secretary to the Mayor 1 

Chief of Staff 1 

Deputy Chief of Staff 1 

Director of Government Affairs 1 

Deputy Chief of Operations 1 

Senior Advisor to the Mayor 1 

Administrative Division 

Director/Administration & Commissions 1 

Confidential Secretary 1 

Finance Division 

Director of Finance 1 

Deputy Director of Finance 1 

Fiscal Analyst 1 

Communications Office 

Communications Director 1 

Deputy Director 1 

Asian Media Liaison 1 

Latino Media Liaison 1 

Public Policy Division 

Director of Public Policy 1 

Liaison to the Board of Supervisors 1 

Deputy Policy Director 1 

Policy Analyst 1 

Assistant to Deputy Chief of Staff 1 

Mayor's Office of Criminal Justice 

Director 1 

Deputy Director 1 

Director of Prog,Tam Development 1 

Director of Sendees Integration 1 

Architect 1 

Fiscal Analyst 1 

Assistant to Director 1 

CYA Coordinator 1 

Violence Coordinator 1 

Crime Data Manager 1 

Mayor's Office of Neighborhood 
Services 

Director 1 

Deputy Director 1 

District Liaison 1 



Supp. No. 7, April 2007 



Sec. 3.1-315. 



San Francisco - Campaign and Governmental Conduct Code 



202 



(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 73-03, File No. 022027, 
App. 4/25/2003; Ord. 99-05, File No. 041570, App. 
5/25/2005; Ord. 80-07, File No. 070122, App. 4/19/ 
2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.260; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 380-94, App. 11/10/94; Ord. 
345-98, App. 11/19/98) 

SEC. 3.1-320. MUNICIPAL 
TRANSPORTATION AGENCY. 

Disclosure Category 2. Persons in this 
category shall disclose all sources of income, 
investments and his or her status as a director, 
officer, partner, trustee, employee, or holder of a 
management position in any business entity. 

Designated Positions Disclosure Categories 

Board of Directors 

Member, Board of Directors 1 

Board Secretary 1 

Municipal Transportation Agency 

Executive Director/CEO (Director of Trans- 
portation) 1 

Deputy Executive Director 1 

Director of Finance 1 

Director of Human Resources 1 

Director of Capital Programs and Construc- 
tion 1 

Director of Information Technology and Stra- 
tegic Business Planning 1 

Director of External Affairs 1 

Director of Planning 1 

Deputy Director of Security and Enforce- 
ment 1 

Deputy Director of Safety and Training 1 

Senior Administrative Analyst 2 

Principal Administrative Analyst 2 

Transportation Safety Specialist 2 

Safety Analyst 2 

Manager of Project Management 1 

Manager I 1 

Manager II 1 

Manager III 1 

Manager IV 1 

Manager V 1 

Manager VI 1 

Manager VII 1 



Designated Positions Disclosure Categories 

Manager VIII 1 

Project Manager 1 1 

Project Manager II 1 

Project Manager III 1 

Project Manager IV 1 

Principal Engineer 1 

Senior Engineer 2 

Administrative Engineer 1 

LRV Equipment Engineer 2 

Senior LRV Equipment Engineer 2 

Contract Compliance Director 1 

Contract Compliance Officer 1 2 

Contract Compliance Officer II 2 

IS Manager 1 

IS Project Director 1 

Director of Service Planning 1 

Transit Planner IV 1 

Planner V 1 

Municipal Railway Department 

Director of Municipal Railway 1 

Deputy Director of Municipal Railway 1 

Deputy Director of Bus Service Delivery 1 

Deputy Director of Central Operations/Sup- 
port 1 

Transit Manager I 1 

Transit Manager II 1 

Materials Coordinator 1 

Assistant Materials Coordinator 2 

Automotive Transit Equipment Supervisor . . 1 

Automotive Transit Shop Supervisor I 2 

Electrical Transit Shop Supervisor 1 2 

Senior Management Assistant 2 

Janitorial Service Supervisor 2 

Chief Stationary Engineer 2 

Superintendent, Buildings and Grounds 2 

Signal and Systems Engineer 2 

Powerhouse Electrician Supervisor II 2 

Transit Power Line Worker Supervisor II 2 

Principal Administrative Analyst 2 

Senior Administrative Analyst 2 

Manager I 1 

Manager II 1 

Manager III 1 

Manager IV 1 

Manager V 1 

Manager VI 1 

Manager VII 1 

Manager VIII 1 



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203 



Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-335. 



Designated Positions Disclosure Categories 

Principal Engineer 1 

Parking and Traffic Department 

Director 1 

Principal Engineer 1 

Senior Engineer 2 

Manager II 1 

Manager III 1 

Manager V 1 

(Added by Ord. 58-01, File No. 001951, App. 4/13/ 
2001; amended by Ord. 73-03, File No. 022027, 
App. 4/25/2003) (Former Section 3.1-320 added by 
Ord. 71-00, File No. 000358, App. 4/28/2000; re- 
pealed by Ord. 58-01, File No. 001951, App. 4/13/ 
2001; Ord. 80-07, File No. 070122, App. 4/19/2007) 
(Derivation: Former Administrative Code Sec- 
tion 58.265; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 345-98, App. 11/19/98) 

SEC. 3.1-325. PARKING AUTHORITY. 
Designated Positions Disclosure Categories 

Members of the Parking Authority 1 

Director 1 

Deputy Director 1 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 99-05, File No. 041570, 
App. 5/25/2005; Ord. 80-07, File No. 070122, App. 
4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.270; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 345-98, App. 11/19/98) 

Sec. 3.1-330. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; repealed by Ord. 73-03, File No. 022027, 
App. 4/25/2003) 

(Derivation: Former Administrative Code Sec- 
tion 58.275; added by Ord. 190-90, App. 5/24/90; 
amended by Ord. 380-94, App. 11/10/94; Ord 
345-98, App. 11/19/98; Ord. 340-99, File No. 
992046, App. 12/30/99) 

SEC. 3.1-335. PLANNING DEPARTMENT. 
(a) Disclosure Category 2. Persons in this 
category shall disclose all interests in real prop- 
erty, and all income from, and investments and 



business positions in any business entity that is 
principally involved in real estate development, 
architecture, design, engineering, real estate bro- 
kerage, real estate finance or appraisal, or his- 
toric preservation. 

(b) Disclosure Category 3. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities and income 
from any source which provides, or contracts 
with the City and County of San Francisco and 
the Department of City Planning to provide, 
services, supplies, m.aterials, machinery or equip- 
ment to the Department of City Planning. 

Designated Positions Disclosure Categories 

Planning Commissioners See Sec. 3.1-500 

Director of Planning 1 

Chief Administrative Officer 1 

Director of Finance 1 

Assistant Director — Implementation 1 

0932 Manager IV 1 

Planner V — General 1 

Planner V — Zoning 1 

Environmental Review Officer 1 

Administrative Secretary, City Planning 

Commission 1 

Planner IV — General 1 

Planner IV — Zoning 1 

Planner IV — Environmental Review 1 

Planner IV — Urban Systems Analyst 1 

Planner III — Urban Design 2 

Planner III — Transportation 2 

Planner III — General 2 

Planner III — Zoning 2 

Planner III — Environmental Review 2 

Planner II 2 

Planner I 2 

Transit Planner IV 1 

Transit Planner III 2 

Transit Planner II 2 

Architectural Assistant II 2 

Architectural Assistant I 2 

Liaison to the Board of Supervisors 1 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 73-03, File No. 022027, App. 
4/25/2003; Ord. 99-05, File No. 041570, App. 5/25/ 
2005; Ord. 80-07, File No. 070122, App. 4/19/2007) 
(Derivation: Former Administrative Code Sec- 
tion 58.280; added by Ord. 3-90, App. 1/5/90; 



Supp. No. 7, April 2007 



Sec. 3.1-335. 



San Francisco - Campaign and Governmental Conduct Code 



204 



amended by Ord. 190-90, App. 5/24/90; Ord. 
311-92, App. 10/9/92; Ord. 380-94, App. 11/10/94; 
Ord. 56-97, App. 3/6/97; Ord. 345-98, App. 11/19/ 
98) 

SEC. 3.1-340. POLICE DEPARTMENT. 

(a) Disclosure Category 2. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities and income 
from any source which provides, or contracts 
with the City and County of San Francisco and 
its Police Department to provide, services, sup- 
plies, materials, machinery or equipment to the 
Police Department. 

(b) Disclosure Category 3. Persons in this 
category shall disclose all investments and busi- 
ness positions in business entities, interests in 
real property, and income from any source sub- 
ject to the regulatory, permit or licensing author- 
ity of the Police Department. 

Designated Positions Disclosure Categories 

Police Commissioners 1 

Chief of Police 1 

Deputy Chief of Police 1 

Assistant Chief of Police 1 

All Captains of Police 1 

Commanders of Police 1 

Commanding Officers, District Stations 1 

Commanding Officer, Planning Division 2 

Commanding Officer, Vice Crimes 1 

Commanding Officer, Property Control Divi- 
sion 1 

Commanding Officer, Fiscal Division 1 

Commanding Officer, Legal Division 1 

Legal Officers 1 

Commanding Officer, Permits Section 3 

Officer in Charge, Permit Section 3 

Chiefs Permit Hearing Officer 3 

Officer in Charge of the Police Law Enforce- 
ment Services Unit 1 

Officer in Charge of Management Control 

Division 1 

Officer in Charge of Management Informa- 
tion Systems 1 

Chief Accounting Officer 2 

Commanding Officer — Special Investiga- 
tions 1 

Commanding Officer — Narcotics Division .... 1 

Lieutenant — Vice Crimes 1 



Designated Positions Disclosure Categories 

Lieutenant — Narcotics 1 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 99-05, File No. 041570, 
App. 5/25/2005; Ord. 80-07, File No. 070122, App. 
4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.285; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
56-97, App. 3/6/97; Ord. 345-98, App. 11/19/98) 

SEC. 3.1-345. PORT COMMISSION. 

Disclosure Category 2. Persons in this 
category shall disclose all investments in any 
business entity and income from any source 
which leases, rents or operates from property 
under the jurisdiction of the Port Commission, or 
which provides, or contracts with the City and 
County of San Francisco or the Port Commission 
to provide, services (including construction, re- 
pair and maintenance), equipment, materials, 
supplies, vehicles, or other items of use to the 
Port Commission, or which may foreseeably do 
so in the future, or which has done so within two 
years prior to any time period covered by a 
statement of economic interest, and his or her 
status as a director, officer, partner, trustee, 
employee, or holder of any management position 
in any such business entity. 

Designated Positions Disclosure Categories 

Port Commissioners 1 

Port Director 1 

Deputy Directors, Port 1 

Manager VI (Chief Harbor Engineer) 1 

Supervising Fiscal Officer 1 

Executive Assistant to the Port Director 2 

Assistant Deputy Director, Port 2 

Superintendent, Harbor Maintenance 2 

Senior Building Inspector 2 

Building Inspector 2 

Construction Inspector 2 

Senior Property Manager 2 

Property Manager 2 

Maritime Marketing Representative 2 

Wharfinger II 2 

Manager, Regulatory and Environmental 

Affairs 2 



Supp. No. 7, April 2007 



205 



Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-362. 



Designated Positions Disclosure Categories 

Development Project Coordinator 2 

Planner V 2 

Planner IV 2 

Planner III 2 

Feasibility Analyst 2 

Principal Administrative Analyst 2 

IS Project Director 2 

Manager II (Special Projects Manager) 1 

Senior Engineers 1 

Construction and Maintenance Supervisor 

II, Port 1 

Administrative Engineer 1 

Project Manager III 1 

Manager IV (Homeland Security Manager) . . 1 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 73-03, File No. 022027, App. 
4/25/2003; Ord. 99-05, File No. 041570, App. 5/25/ 
2005; Ord. 80-07, File No. 070122, App. 4/19/2007) 
(Derivation: Former Administrative Code Sec- 
tion 58.290; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
380-94, App. 11/10/94; Ord. 56-97, App. 3/6/97; 
Ord. 156-98, App. 5/8/98; Ord. 34.5-98, App. 
11/19/98) 

SEC. 3.1-350. PRIVATE INDUSTRY 
COUNCIL OF SAN FRANCISCO, INC. 

(a) Disclosure Category 2. Persons in this 
disclosure category shall disclose all investments 
and business positions in any business entity, 
and income from any source, which has submit- 
ted a proposal to enter into or which has entered 
into any contract, subcontract or other financial 
agreement with the Private Industry Council of 
San Francisco, Inc. during the period covered by 
the disclosure statement. 
Designated Positions Disclosure Categories 

Member, Private Industry Council Board of 

Directors 2 

Member, Designated Committee of the 

Board 2 

President, Private Industry Council 2 

Chief Operating Officer, Private Industry 

Council 2 

Vice Presidents, Private Industry Council 2 

Directors, Private Industry Council 2 



Designated Positions Disclosure Categories 

Workforce Analysts, Private Industry Coun- 
cil 2 

Rapid Response Coordinators, Private Indus- 
try Council 2 

Universal Business Representatives, Private 

Industry Council 2 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 73-03, File No. 022027, App. 
4/25/2003; Ord. 99-05, File No. 041570, App. 5/25/ 
2005; Ord. 80-07, File No. 070122, App. 4/19/2007) 
(Derivation: Former Administrative Code Sec- 
tion 58.295; added by Ord. 190-90, App. 5/24/90; 
amended by Ord. 380-94, App. 11/10/94; Ord. 
56-97, App. 3/6/97; Ord. 345-98, App. 11/19/98; 
Ord. 340-99, File No. 992046, App. 12/30/99) 

Sec. 3.1-355. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; amended by Ord. 58-01, File No. 
001951, App. 4/13/2001; repealed by Ord. 35-02, 
File No. 011875, App. 3/29/2002) 
(Derivation: Former Administrative Code Sec- 
tion 58.300; added by Ord. 3-90, App. 1/5/90; Ord. 
345-98, App. 11/19/98) 

SEC. 3.1-360. PUBLIC DEFENDER. 

Designated Positions Disclosure Categories 

Public Defender. 1 

Chief Attorney 1 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; amended by Ord. 73-03, File No. 
022027, App. 4/25/2003) 

(Derivation: Former Administrative Code Sec- 
tion 58.305; added by Ord. 3-90, App. 1/5/90) 

SEC. 3.1-362. PUBLIC HEALTH, 
DEPARTMENT OF. 

(a) Disclosure Category 2. Persons in this 
category shall disclose all investment and busi- 
ness positions in business entities and income 
from all laboratories, clinics, hospitals, rest homes, 
nursing homes, and outpatient care facilities, all 
medical, surgical, psychiatric, psychological, and 
related practices, all medical supply firms, drug 
companies, and insurance companies; all child or 
adult care facilities; all medical or social service 



Supp. No. 7, April 2007 



Sec. 3.1-362. 



San Francisco - Campaign and Governmental Conduct Code 



206 



consulting firms; and any source which provides, 
or contracts with the City and County of San 
Francisco and its Pubhc Health Department to 
provide services, supplies, materials, machinery 
or equipment to the Public Health Department. 

(b) Disclosure Category 3. Persons in this 
category shall disclose all investment and busi- 
ness positions in business entities, interests in 
real property, and income from any source sub- 
ject to the regulatory, permit or licensing author- 
ity of the Department of Public Health. 

Designated Positions Disclosure Categories 

Health Commissioner -. 1 

Director of Health 1 

Secretary, Health Commission 1 

Administrator, Health Information Services . 2 

Administrator, LHH 1 

Administrator, SFGH Medical Center 1 

Agricultural Commissioner 2 

Agricultural Inspector 2 

Assistant Director, Bureau of Environmental 

Health Services 1 

Assistant Director/Commissioner/Sealer 1 

Assistant Director, MIS 2 

Assistant General Services Manager 2 

Assistant Industrial Hygienist 2 

Assistant Materials Coordinator 2 

Associate Administrator, Medical Services, 

LHH 1 

Associate Director, AIDS 1 

Building and Grounds Maintenance Superin- 
tendent 2 

Chief, Bureau of Records and Statistics 2 

Chief Compliance Officer 1 

Chief of Medical Staff 1 

Chief, Medical Social Services 2 

Chief Nursing Officer 1 

Children Medical Services Director 2 

Compliance Officer 2 

Contract Compliance Officer 1 2 

Department Personnel Officer 2 

Deputy Director of Adult Services, CMHS ... 1 
Deputy Director for Business and Opera- 
tions 1 

Deputy Director of Community Programs .... 1 

Deputy Director, Health Access Program 1 

Deputy Director of Institutions, DPH 1 

Deputy Director for Mental Health Pro- 
grams 1 



Designated Positions Disclosure Categories 

Deputy Director, Public Health Programs .... 1 
Director of Activities, Therapy and Volunteer 

Services 2 

Director/Agricultural Commissioner/Sealer . . 1 
Director, Business and Operations Support, 

MHP 1 

Director, Dental Division 1 

Director of EEO and Cultural Competency 

Programs 2 

Director of Environmental Health 1 

Director of Food Services 2 

Director, Long Term Care 1 

Director of Medical Records 2 

Director of Patient Accounts 2 

Director of Patient Financial Services and 

Admissions 2 

Director of Pharmaceutical Services 2 

Director, Public Health Laboratories 2 

Director HIV Prevention 2 

Director of Public Information 2 

Director, Radiology 1 

Director, WIC Program, DPH 1 

DPH Contract Compliance Officer II 2 

Environmental Health Inspector 3 

Executive Assistant to the Director of 

Health 2 

Finance Director, DPH 1 

Financial Manager 1 

Food Service Manager 2 

General Services Manager 2 

Hazardous Materials Permit Program Man- 
ager 2 

Hospital Assistant Administrator 1 

Hospital Associate Administrator 1 

Hospital Reimbursement Officer 2 

Industrial Hygienist 2 

Manager, Office of Health and Safety 2 

Materials Coordinator 2 

Materials and Supplies Supervisor 2 

Maternal, Child, Adolescent Director 2 

Medical Director, DPH 1 

Medical Social Worker Supervisor 2 

MIS Director 1 

MIS Manager 2 

Nurse Manager 2 

Nursing Supervisor 2 

Nursing Supervisor, Psychiatry 2 

Personnel Director 1 



Supp. No. 7, April 2007 



207 



Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-365. 



Designated Positions Disclosure Categories 

Principal Administrative Analyst (Contracts 

Office Only) 2 

Principal Disease Control Investigator 2 

Principal Environmental Health Inspector ... 3 

Program Chief, CPHS 1 

Rad. Tech. Supervisor 2 

Rehabilitation Coordinator 2 

Senior Administrative Analyst (Contracts 

Office Only) 2 

Senior Associate Administrator 1 

Senior Environmental Health Inspector 3 

Senior Industrial Hygienist 2 

Senior Personnel Officer 2 

Senior Physician Specialist (Leadership Po- 
sitions Only) 2 

Supervising Fiscal Officer 2 

Supervising Physician Specialist 2 

Telecommunications Systems Director 2 

Weights and Measures Inspector 2 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 73-03, File No. 022027, 
App. 4/25/2003; Ord. 99-05, File No. 041570, App. 
5/25/2005; Ord. 80-07, File No. 070122, App. 4/19/ 
2007) 

SEC. 3.1-365. PUBLIC UTILITIES 
COMMISSION. 

(a) Disclosure Category 2. Persons in this 
category shall disclose all investments in any 
business entity and any income from a source 
which, within the previous two years, did or in 
the future foreseeably might, lease, rent, or 
operate from the property of the Clean Water 
Enterprise or provide or contract with the Clean 
Water Enterprise to provide service (including 
construction, repair, and maintenance), equip- 
ment, materials, supplies, vehicles, or other items 
of use to the Clean Water Enterprise, and his or 
her business position in any such business en- 
tity. 

(b) Disclosure Category 3. Persons in this 
category shall disclose all investments in any 
business entity and any income from a source 
which, within the previous two years, did or in 
the future foreseeably might, lease, rent, or 
operate from the property of the San Francisco 
Water Department or provide or contract with 



the San Francisco Water Department to provide 
service (including construction, repair, and main- 
tenance), equipment, materials, supplies, ve- 
hicles, or other items of use to the San Francisco 
Water Department, cind his or her business po- 
sition in any such business entity. 

(c) Disclosure Category 4. Persons in this 
category shall disclose all investments in any 
business entity and any income from a source 
which, within the previous two years, did or in 
the future foreseeably might, lease, rent, or 
operate from the property of Hetch Hetchy or 
provide or contract with Hetch Hetchy to provide 
service (including construction, repair, and main- 
tenance), equipment, materials, supplies, ve- 
hicles, or other items of use to Hetch Hetchy, and 
his or her business position in any such business 
entity. 

Designated Positions Disclosure Categories 

Public Utilities Commission, Boards 
and Administration 

Director of Security and Emergency Coordi- 
nation 1 

Revenue Bond Oversight Committee Mem- 
ber 1 

SFPUC Commissioner 1 

Administrative Secretary, PUC 1 

Principal Administrative Analyst 1 

Safety Officer 1 

Project Manager I, Security 1 

Emergency Planning Coordinator 1 

General Manager, Public Utilities Commis- 
sion 1 

Rate Fairness Board Member 1 

Residential Users Appeals Board Member ... 1 

Water Enterprise 

Electrical Operation and Maintenance Su- 
perintendent 3, 4 

Executive Asst. to the AGM, Water 3 

Maintenance and Repair Assistant Superin- 
tendent, Hetch Hetchy Project 3, 4 

Integrated Water Resource Manager 3 

Water Resources Planning Manager 3 

Water and Power Supply Manager 3, 4 

Operations Manager, CDD 3 

Environmental Services Manager 3 

Water Quality Bureau Laboratory Manager. . 3 

Construction and Maintenance Manager 3 



Supp. No. 7, April 2007 



Sec. 3.1-365. 



San Francisco - Campaign and Governmental Conduct Code 



208 



Designated Positions Disclosure Categories 

Operations Manager, WS&T 3 

Manager, Natural Resources 3 

Water Resources Director 3 

General Manager, Hetch Hetchy 1 

Deputy Director Water Enterprise 1 

Asst. General Manager, Water Enterprise ... 1 

Senior Administrative Analyst 3,4 

Principal Administrative Analyst 3 

Water Conservation Administrator 3 

Materials Coordinator 3 

Assistant Purchaser 3 

Laboratory Services Manager 3 

Forester 3 

Watershed Forester 3 

Watershed Resources Manager 3 

Water Quality Bureau Manager 3 

Maintenance Engineering Manager, Hetch 

Hetchy Project 3, 4 

Superintendent of Water Treatment Facili- 
ties 3 

Utility Services Manager 3 

Principal Engineer 3 

Chief Surveyor 3 

Project Manager HI 3 

Buildings and Grounds Maintenance Super- 
intendent 3 

Water Shops and Equipment Superinten- 
dent 3 

Maintenance Manager 3, 4 

Power Generation Supervisor 3, 4 

Government and Public Affairs Manager 3 

Wastewater Enterprise 

Water Pollution Prevention Program Man- 
ager 2 

Manager, Waste Water Enterprise Operating 

Division 2 

Manager, Clean Water Regulatory Compli- 
ance 2 

Administrative Section Manager 1 

Bureau Manager 2 

Waste Water Planning Division Manager 1 

Program Manager Environmental Compli- 
ance 2 

Asst. General Manager, Waste Water 1 

Principal Administrative Analyst 1 

Materials Coordinator 2 

Assistant Purchaser 2 

Sewage Treatment Plant Superintendent .... 2 

Administrative Engineer 2 



Designated Positions Disclosure Categories 

Principal Engineer 2 

Power Enterprise 

Water and Power Resources Manager 4 

Manager, Electric & Gas Retail Services 4 

Asst. General Manager, Power 1 

Special Assistant XUI 4 

Senior Administrative Analyst 4 

Principal Administrative Analyst 4 

Site Manager 4 

Manager of Infrastructure Development 4 

Water and Power Resources Manager 4 

Government and Public Affairs Manager .... 4 
Capital Programs/Contract Administration . . 

Construction Contracts Administrator 1 

Contracts Manager 1 

Director of Contracts 1 

Deputy General Manager 1 

Principal Administrative Analyst 1 

Infrastructure Bureau 

Project Development Coordinator 1 

Director, Water System Improvement Pro- 
gram 1 

Infrastructure Administration Manager 1 

Manager of Expediting, WSIP 1 

Manager, Construction Labor Projects, Capi- 
tal Projects 1 

ROW Manager, WSIP 1 

Program Services Manager 1 

WSIP Client Representative, Peninsula 1 

WSIP Client Representative, Sunol 1 

WSIP Client Representative, SF Local 1 

WSIP Client Representative, Water Quality . 1 

WSIP Client Representative, San Joaquin ... 1 

WSIP Client Representative, SF Regional ... 1 

Construction Manager 1 

Director, Workforce Development WSIP 1 

WSIP Manager of Projects 1 

Director of Regulatory Compliance 1 

Manager, Project Management Bureau 1 

Special Assistant VII 1 

Senior Administrative Analyst 1 

Principal Administrative Analyst 1 

Program Manager II 1 

Administrative Engineer 1 

Manager, Construction Management Bu- 
reau 1 

Manager, Engineering Management Bureau . 1 



Supp. No. 7, April 2007 



209 



Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-365. 



Designated Positions Disclosure Categories 

Manager, Project Controls and Support 1 

Project Manager 1 1 

Project Manager 11 1 

Project Manager III 1 

Project Manager IV 1 

SF Regional and Wastewater Manager 1 

Structural Design Section Manager 1 

Mechanical Design Section Manager 1 

Electrical Design Section Manager 1 

Pipeline Design Section Manager 1 

Dam, Tunnel, Civil Design Section Manager . 1 

Principal Engineer 1 

Deputy Bureau Manager, Engineering Man- 
agement 1 

Principal Engineer 1 

Planner IV 1 

Manager, Regulatory and Environmental 

Affairs 1 

Assistant General Manager, Infrastructure . . 1 

Business Services Bureau 

Water and Power Resources Manager 1 

Fleet Manager 1 

Training Coordinator 1 

Program Budgeting Manager 1 

Supervising Fiscal Officer 1 

Debt Manager 1 

Asset Manager 1 

Director of Accounting 1 

Asst. Director, Human Resource Services .... 1 

Manager, Office of Health and Safety 1 

Budgets, Rates and Administration Man- 
ager 1 

Applications Software Manager 1 

Finance Bureau Director 1 

Manager, Bureau of Management Informa- 
tion Systems, PUC 1 

Deputy Director, Human Resource Services . . 1 

Asst. General Manager, Business Services ... 1 

IS Project Director 1 

Mainframe Application Manager 1 

Special Projects Manager 1 

SCADA Manager 1 

Networking Manager 1 

Customer Service Division Manager 1 

Payroll Supervisor 1 

Assistant Manager, EEO Programs 1 

Principal Personnel Analyst 1 

Senior Systems Accountant 1 



Designated Positions Disclosure Categories 

General Ledger Supen/isor 1 

Supervising Fiscal Officer 1 

Capital Budget Manager 1 

Senior Administrative Analyst 1 

Principal Administrative Analyst 1 

Rate Administrator 1 

Commercial Division Assistant Supervisor ... 1 
Customer Service Billing and Collections 

Supervisor 1 

Safety Officer 1 

Budget Director 1 

Principal Engineer 1 

Chief Water Service Inspector 1 

Bureau of External Affairs 

Policy and Legislative Manager 1 

Asst. Director of Property 1 

Communications Director 1 

Asst. General Manager, External Affairs 1 

Executive Director, Southeast Community 

Facility Commission 2 

Real Property Officer 1 

Senior Real Property Officer 1 

Water and Power Resources Manager 1 

Government and Public Affairs Manager .... 1 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 35-02, File No. 011875, App. 
3/29/2002; Ord. 73-03, File No. 022027, App. 4/25/ 
2003; Ord. 99-05, File No. 041570, App. 5/25/2005; 
Ord. 80-07, File No. 070122, App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.315; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 380-94, App. 11/10/94; Ord. 
56-97, App. 3/6/97; Ord. 345-98, App. 11/19/98; 
Ord. 340-99, File No. 992046, App. 12/30/99) 



Sec. 3.1-370. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; repealed by Ord. 58-01, File No. 001951, 
App. 4/13/2001) 

(Derivation: Former Administrative Code Sec- 
tion 58.320; added by Ord. 380-94, App. 11/10/94; 
amended by Ord. 56-97, App. 3/6/97; Ord. 345-98, 
App. 11/19/98; Ord. 340-99, File No. 992046, App. 
12/30/99) 



Supp. No. 7, April 2007 



Sec. 3.1-375. 



San Francisco - Campaign and Governmental Conduct Code 



210 



SEC. 3.1-375. RESERVED. 

Editor's Note: 

Ord. 80-07, File No. 070122, Approved April 19, 
2007, renumbered § 3.1-375 as § 3. J -252 and amended 
same. 

(Derivation: Former Administrative Code Sec- 
tion 3.1-375 Added by Ord. 71-00, File No. 000358, 
App. 4/28/2000; amended by Ord. 58-01, File No. 
001951, App. 4/13/2001; Ord. 73-03, File No. 
022027, App. 4/25/2003; Ord. 99-05, File No. 
041570, App. 5/25/2005) 

(Derivation: Former Administrative Code Sec- 
tion 58.325; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
380-94, App. 11/10/94; Ord. 56-97, App. 3/6/97; 
Ord. 345-98, App. 11/19/98) 

Sec. 3.1-380. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; repealed by Ord. 58-01, File No. 001951, 
App. 4/13/2001) 

(Derivation: Former Administrative Code Sec- 
tion 58.330; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
345-98, App. 11/19/98) 

Sec. 3.1-385. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; repealed by Ord. 58-01, File No. 001951, 
App. 4/13/2001) 

(Derivation: Former Administrative Code Sec- 
tion 58.335; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 311-92, App. 10/9/92) 

SEC. 3.1-390. RECREATION AND PARK 
DEPARTMENT. 

Disclosure Category 2. Persons in this 
category shall disclose all investments and in- 
come from any source which leases, rents or 
operates from property under the jurisdiction of 
the Recreation and Park Commission, or which 
provides, or contracts with the City and County 
of San Francisco or the Recreation and Park 
Commission to provide, services (including con- 
struction, repair and maintenance), equipment, 
materials, supplies, vehicles, or other items of 
use to the Recreation and Park Commission or 



the Recreation and Park Department, or which 
may foreseeably do so in the future, or which has 
done so within two years prior to any time period 
covered by a statement of economic interest, and 
his or her status as a director, officer, partner, 
trustee, employee, or holder of any management 
position in any such business entity. 

Designated Positions Disclosure Categories 

Recreation and Park Commissioners 1 

General Manager 1 

Superintendent of City- Wide Services 1 

Superintendent of Neighborhood Services .... 1 

Property Manager 2 

Director of Administration and Finance 1 

Capital Division Manager 1 

Principal Recreation Supervisor - Permits 

and Reservations 2 

Principal Administrative Analyst - Finance . . 2 
Principal Administrative Analyst - Purchas- 
ing 2 

Senior Administrative Analyst - Property .... 2 

Senior Administrative Analyst - Purchasing . 2 

Commission Liaison 2 

Director of Operations 1 

Director of Partnership and Resources De- 
velopment 1 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 73-03, File No. 022027, 
App. 4/25/2003; Ord. 99-05, File No. 041570, App. 
5/25/2005; Ord. 80-07, File No. 070122, App. 4/19/ 
2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.345; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 190-90, App. 5/24/90; Ord. 
311-92, App. 10/9/92; Ord. 345-98, App. 11/19/98) 



SEC. 3.1-395. 
AGENCY. 



REDEVELOPMENT 



(a) Disclosure Category 2. Persons in this 
category shall disclose all sources of income, 
investments, and all business positions in which 
the person in such designated position is a direc- 
tor, officer, partner, trustee, employee, or holds 
any position of management. 

(b) Disclosure Category 3. Persons in this 
category shall disclose all income from and in- 
vestments in businesses that manufacture or sell 
supplies of the type utilized by the Agency. 



Supp. No. 7, April 2007 



211 



Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-400. 



(c) Disclosure Category 4. Persons in this 
category shall disclose all investments in and 
income from all banks, savings and loan associa- 
tions, insurance companies, investment compa- 
nies, stockbrokers, title companies, financial con- 
sultants, data processing firms or consultants, 
but shall not include personal checking or sav- 
ings accounts or certificates of deposit. 

(d) Disclosure Category 5. Persons in this 
category shall disclose all sources of income, 
interests in real property and investments. 

Designated Positions Disclosure Categories 

Accountant III 4 

Accountant IV 4 

Accounting Supervisor 1 

Administrative Services Manager 1 

Agency General Counsel 1 

Architect 1 

Architectural Associate 1 

Architecture and Engineering Supervisor .... 1 

Assistant Deputy Executive Director 1 

Assistant Development Specialist 1 

Assistant Harbormaster 2 

Assistant Project Manager 1 

Associate Civil Engineer 1 

Building/Construction Inspector I 1 

Building/Construction Inspector II 1 

Citizens Advisory Committee Member 1 

Civil Engineer (Project Engineers) 1 

Commissioners 1 

Commission Secretary 1 

Construction Coordinator 1 

Consultants** 5 

Contract Administration Specialist 1 

Contract Compliance Specialist I 1 

Contract Compliance Specialist II 1 

Contract Compliance Specialist III 1 

Contract Compliance Supervisor 1 

Contract and Fiscal Services Manager 1 

Deputy Executive Director 1 

Deputy General Counsel 1 

Development Services Manager 1 

Development Specialist 1 

Environmental Assessment Specialist 1 

Executive Director 1 

Financial Systems Accountant 4 

Harbormaster 1 

Housing Construction Specialist 1 

Human Resources Manager 1 



Designated Positions Disclosure Categories 

Information Systems Supervisor 3, 4 

Management Assistant III 4 

Personnel Analyst 2 

Planning Supervisor 1 

Program Manager 1 

Project Area Committee Member 1 

Project Manager 1 

Property Management Specialist 1 

Property Management Supervisor 1 

Public Affairs Officer 1 

Purchasing Assistant 3 

Records and Information Supervisor 2 

Relocation Supervisor 1 

Senior Architect 1 

Senior Attorney 1 

Senior Civil Engineer 1 

Senior Development Specialist 1 

Senior Development Specialist (Supervisor). . 1 

Senior Financial Analyst 1 

Senior Landscape Architect 1 

Senior Personnel Analyst 1 

Senior Planner 1 

Senior Project Manager 1 

Staff Associate IV 1 

Staff Associate V 1 

Staff Associate Vl 1 

Staff Attorney 1 1 

Staff Attorney II 1 

* The titles of the positions listed in this section 
are occasionally changed and any such re- 
vised position title shall be deemed to be 
substituted into this section subject to the 
same disclosure category applicable to the 
former position title. (Added by Ord. 71-00, 
File No. 000358, App. 4/28/2000; amended by 
Ord. 58-01, File No. 001951, App. 4/13/2001; Ord. 
73-03, File No. 022027, App. 4/25/2003; Ord. 
99-05, File No. 041570, App. 5/25/2005; Ord. 
80-07, File No. 070122, App. 4/19/2007) 
(Derivation: Former Administrative Code Sec- 
tion 58.350; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
380-94, App. 11/10/94; Ord. 56-97, App. 3/6/97; 
Ord. 201-98, App. 6/19/98; Ord. 345-98, App. 
11/19/98; Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-400. RESERVED. 
Editor's Note: 



Supp. No. 7, April 2007 



Sec. 3.1-400. 



San Francisco - Campaign and Governmental Conduct Code 



212 



Ord. 80-07, File No. 070 J 22, Approved April 19, 
2007, repealed § 3.1-400, which pertained to the 
Relocation Appeals Board. (Added by Ord. 71-00, File 
No. 000358, App. 4/28/2000; Ord. 80-07, File No. 
070122, App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.355; added by Ord. 190-90, App. 5/24/90; 
amended by Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-405. RESIDENTIAL RENT 
STABILIZATION AND ARBITRATION 
BOARD. 

Disclosure Category 2. Persons in this 
category shall disclose all interests in real prop- 
erty, and all income from, investments in, and 
business positions held in any business entity 
with an interest in residential real property in 
the jurisdiction, or which may foreseeably ac- 
quire such an interest, or which has acquired 
such an interest within two years prior to the 
time period covered in a statement of economic 
interests. An official occupies a "business posi- 
tion" if he or she is a director, officer, partner, 
trustee, employee or holds any position of man- 
agement. 

Designated Positions Disclosure Categories 

Board Members 2 

Executive Director 2 

Rent Board Hearing Officer 2 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.365; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 190-90, App. 5/24/90; Ord. 
311-92, App. 10/9/92) 

SEC. 3.1-410. RETIREMENT SYSTEM. 
Designated Positions Disclosure Categories 

Member, Retirement Board .... See Sec. 3.1-500 

Executive Director See Sec. 3.1-500 

Deputy Director See Sec. 3.1-500 

Executive Assistant to the Executive 

Director 1 

Actuary 1 

Deputy Director for 

Investments See Sec. 3.1-500 



Designated Positions Disclosure Categories 

Finance Manager 1 

Retirement Information and Technology 

Manager 1 

Senior Investment Officer See Sec. 3.1-500 

Administrator, Retirement Services 1 

Security Analyst 1 

Consultant* 1 

* The executive director or executive officer 
may determine in writing that a particular 
consultant, although a "designated position," 
is hired to perform a range of duties that is 
limited in scope and thus is not required to 
comply fully with the disclosure require- 
ments described in this section. Such a deter- 
mination shall include a description of the 
consultant's duties and, based upon that de- 
scription, a statement of the extent of disclo- 
sure requirements. The executive director's 
or executive officer's determination is a pub- 
lic record and shall be retained for public 
inspection in the same manner and location 
as this Conflict of Interest Code. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000; amended by Ord. 58-01, File No. 
001951, App. App. 4/13/2001; Ord. 35-02, File No. 
011875, App. 3/29/2002; Ord. 99-05, File No. 
041570, App. 5/25/2005) 

(Derivation: Former Administrative Code Sec- 
tion 58.370; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 190-90, App. 5/24/90; Ord. 
380-94, App. 11/10/94; Ord. 56-97, App. 3/6/97; 
Ord. 345-98, App. 11/19/98) 

SEC. 3.1-415. SHERIFF. 

Disclosure Category 2. Persons in this 
disclosure category shall disclose all investments 
and business positions in business entities, and 
income from any source, which manufactures, 
distributes, sells or provides services, supplies, 
materials, machinery or equipment of the type 
used by the Sheriffs Office. 

Designated Positions Disclosure Categories 



Sheriff 

Undersheriff. 



Supp. No. 7, April 2007 



213 



Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-420. 



Designated Positions Disclosure Categories 

Assistant Sheriff 1 

Director County Parole 2 

Attorney 1 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.375 May 19, 2000; added by Ord. 190-90, 
App. 5/24/90; amended by Ord. 380-94, App. 
11/10/94; Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-417. SAN FRANCISCO 
COMMUNITY HEALTH JOINT POWERS 
AUTHORITY. 

Disclosure Category 2. Persons in this 
disclosure category shall disclose all investments 
and business positions in business entities, and 
income from any source, including nonprofit en- 
tities, which may receive funds from the Com- 
munity Health Joint Powers Authority, or con- 
tract with the Community Health Joint Powers 
Authority, or provide services of the tjrpe utilized 
by the Community Health Joint Powers Author- 
ity, including but not limited to health care 
providers and community-based health and so- 
cial service organizations. 

Designated Positions Disclosure Categories 

Members of the Governing Board 2 

Chief Executive Officer 2 

All staff at the Director level or above 2 

(Added by Ord. 248-05, File No. 050867, App. 
10/27/2005) 

SEC. 3.1-420. SAN FRANCISCO UNIFIED 
SCHOOL DISTRICT. 

(a) Disclosure Category 2. Persons in this 
category shall disclose income, investments, and 
all business positions in any business entity 
which does business in this jurisdiction. 

(b) Disclosure Category 3. Persons in this 
category shall disclose all interests in real prop- 
erty, and all income from and investments in 
business entities which hold interests in real 
property in this jurisdiction, and all business 
positions held in such business entities. 



(c) Disclosure Category 3. Persons in this 
category shall disclose all interests in real prop- 
ert}^, and all income from and investments in 
business entities which hold interests in real 
property in this jurisdiction, and all business 
positions held in such business entities. 

(d) Disclosure Category 4. Services and 
Equipment. Persons in this category shall dis- 
close income, investments and business posi- 
tions in (1) business entities that manufacture or 
sell supplies, books, machinery or equipment of 
the type utilized or purchased by the department 
for which the designated employee is manager or 
director; or (2) business entities that are contrac- 
tors or subcontractors engaged in the perfor- 
mance of work ser-vices of the type utilized or 
purchased by the department for which the des- 
ignated employee is manager or director. 

Designated Positions Disclosure Categories 

Administrative Analyst - Bond Program 4 

Architectural Assistant II - Telecom Man- 
ager 4 

Architectural Associate I - Design and Con- 
struction 4 

Area Supervisor - Custodial Services 4 

Artistic Director VAP/HS 4 

Assistant Fiscal Officer - Bond Program 

Manager 1 

Assistant Materials Coordinator - Ware- 
house Supervisor 4 

Assistant Superintendent 1 

Assistant Superintendent 1 

Associate Engineer - Facilities Project Man- 
ager 4 

Associate Superintendent 1 

Building Inspector 4 

Carpenter Supervisor I - Carpenter Shop 

Supervisors 4 

Chief Academic Officer 1 

Chief Facilities Officer 1 

Chief Financial Officer 1 

Chief General Counsel 1 

Chief Information Officer 1 

Chief Operating Officer - Senior Chief of 

Policy & O'perations 1 

Chief Stationary Engineer - Engineer Shop 

Supervisor 4 

Chief, Administrative Services 1 

Director - County and Court School Opera- 
tions 3, 4 



Supp. No. 7, April 2007 



Sec. 3.1-420. 



San Francisco - Campaign and Governmental Conduct Code 



214 



Designated Positions Disclosure Categories 

Director - Multilingual Programs 4 

Director - Parent Relations 4 

Director - School Health Programs Depart- 
ment 4 

Director - Student Applications and Services. 4 

Director - Student Nutrition Services 4 

Director - lYansportation Department 3, 4 

Director of Buildings and Grounds 3, 4 

Director of Custodial Services 4 

Director of Emergency Preparedness 4 

Director of Environmental Health 3,4 

Director of Facilities, Design & Construc- 
tion 1 

Educational Policy Analyst - Coordinator of 

Secure Our Schools Initiative 4 

Educational Policy Analyst - Coordinator of 

Truancy Programs 4 

Educational Policy Analyst - Director of Pub- 
lic Communications 4 

Educational Policy Analyst - Policy and 

Planning 1 

Educational Policy Analyst - State and Fed- 
eral 2 

Educational Policy Analyst - Student Sup- 
port Services 4 

Educational Policy Analyst - 

Superintendent's Office 1 

Electrician Supervisor 4 

Executive Director - Child Development Pro- 
gram 1 

Executive Director, Educational Placement 

Center 3, 4 

Executive Director — Labor Negotiations .... 2 
Executive Director — Maintenance and Op- 
erations 3, 4 

Executive Director — Parent Relations 4 

Executive Director — Program Evaluations 

and Research 3,4 

Executive Director — Pupil Services 3, 4 

Executive Director — Reform and Account- 
ability 4 

Executive Director — Special Education 3, 4 

Executive Director — Teaching and Learn- 
ing 4 

Executive Director of School Safety 3, 4 

General Manager, KALW 2 

General Services Manager - Assistant Direc- 
tor of Custodial Services 4 

Glazier Supervisor I 4 

Information System Engineer Assistant - 

Network Operations Manager 4 



Designated Positions Disclosure Categories 

Information Systems Administrator Supervi- 
sor - Director of Infrastructure 4 

Information Systems Business Analyst Prin- 
cipal 4 

Labor Compliance Officer 3, 4 

Locksmith Supervisor 4 

Mail/Reproduction Supervisor 4 

Maintenance Manager - Buildings and 

Grounds 3, 4 

Manager - Office of Health and Safety 4 

Member, Board of Education 1 

Painter Supervisor 4 

Payroll Director 4 

Payroll Supervisor 4 

Principal Administrative Analyst - Contracts 

Compliance 1 

Principal Attorney Civil & Criminal 1 

Program Administrator - Teacher Support 

and Development 4 

Program Administrator - Teaching and 

Learning 4 

Project Manager II - Bond Program 4 

Purchaser 4 

School Custodial Supervisor 4 

School Facilities Planner 3, 4 

School Principal 4 

Senior Attorney Civil & Criminal 1 

Senior Management Assistant - Real Estate 

and Auxiliary Services 3 

Sheet Metal Supervisor 4 

Site Manager - Child Development Center ... 4 
Special Assistant X - Real Estate and Auxil- 
iary Services 4 

Special Assistant XII - Pupil Services, Home- 
less Education 4 

Special Assistant XIII - Athletic Office 4 

Special Assistant XIX - Director of Fiscal 

Services 2 

Special Assistant XVI - State Funds 3 

Special Assistant XVII - Director of Budget 

Services 4 

Special Assistant XVII - Director of Real Es- 
tate 3, 4 

Special Assistant XVII - Director of Risk 

Management 4 

Superintendent 1 

Supervising Purchaser 4 

Supervisor - Achievement Assessments 4 

Supervisor - GATE/Evening Prog./Summer 

School 4 




Supp. No. 7, April 2007 



215 



Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-435. 



Designated Positions Disclosure Categories 

Supervisor - Library, Textbooks & Media 

Services 4 

Supervisor - School-to-Career 4 

Supervisor - Screening and Assessment 4 

Supervisor - Special Education 4 

Supervisor - Translation 4 

Warehouse Supervisor 4 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 99-05, File No. 041570, 
App. 5/25/2005; Ord. 80-07, File No. 070122, App. 
4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.380; added by Ord. 190-90, App. 5/24/90; 
Ord. 380-94, App. 11/10/94; Ord. 56-97, App. 
3/6/97; Ord. 345-98, App. 11/19/98; Ord. 340-99, 
File No. 992046, App. 12/30/99) 

SEC. 3.1-422. SMALL BUSINESS 
COMMISSION. 

Designated Positions Disclosure Categories 

Member All 1 

Director of the Office of Small Business 

Affairs 
Secretary to the Small Business Commission 
(Added by Ord. 58-01, File No. 001951, App. 
4/13/2001) 

SEC. 3.1-423. RESERVED. 

Editor's Note: 

Ord. 80-07, File No. 070122, Approved April 19, 
2007, repealed § 3.1-423, which pertained to the Small 
Business Revolving Loan Fund Committee. (Added by 
Ord. 35-02, File No. 011875, App. 3/29/2002; Ord. 
80-07, File No. 070122, App. 4/19/2007) 

SEC. 3.1-424. SUNSHINE ORDINANCE 
TASK FORCE. 

Desigfnated Positions Disclosure Categories 

Member, Sunshine Ordinance Task Force 1 

(Added by Ord. 35-02, File No. 011875, App. 
3/29/2002) 

SEC. 3.1-425. TAXI COMMISSION. 

Designated Positions Disclosure Categories 

Members, Commission All 1 



Designated Positions Disclosure Categories 

Director 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.385; added by Ord. 340-99, File No. 
992046, App. 12/30/99) 



SEC. 3.1-430. RESERVED. 

Editor's Note: 

Ord. 80-07, File No. 070122, Approved April 19. 
2007, repealed § 3.1-430, which pertained to Telecom- 
munications and Information Services, Department of. 
(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, App. 
4/13/2001; Ord. 73-03, File No. 022027, App. 4/25/ 
2003; Ord. 99-05, File No. 041570, App. 5/25/2005; 
Ord. 80-07, File No. 070122, App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.390; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
56-97, App. 3/6/97; Ord. 345-98, App. 11/19/98; 
Ord. 340-99, File No. 992046, App. 12/30/99) 

SEC. 3.1-435. TRANSPORTATION 
AUTHORITY, SAN FRANCISCO COUNTY. 

Designated Positions Disclosure Categories 

Executive Director 1 

Chief Deputy Director for Programming and 

Legislation 1 

Deputy Director for Finance & 

Administration 1 

Deputy Director for Capital Projects 1 

Deputy Director for Planning 1 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 35-02, File No. 011875, 
App. 3/29/2002; Ord. 99-05, File No. 041570, App. 
5/25/2005; Ord. 80-07, File No. 070122, App. 4/19/ 
2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.395; added by Ord. 190-90, App. 5/24/90; 
amended by Ord. 311-92, App. 10/9/92; Ord. 
380-94, App. 11/10/94; Ord. 345-98, App. 11/19/ 
98; Ord. 340-99, File No. 992046, App. 12/30/99) 



Supp. No. 7, April 2007 



Sec. 3.1-440. 



San Francisco - Campaign and Governmental Conduct Code 



216 



SEC. 3.1-440. TREASURE ISLAND 
DEVELOPMENT AUTHORITY. 

Designated Positions Disclosure Categories 

Members, Board of Directors 1 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 99-05, File No. 041570, App. 
5/25/2005; Ord. 80-07, File No. 070122, App. 4/19/ 
2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.400; added by Ord. 340-99, File No. 
992046, App. 12/30/99) 

SEC. 3.1-445. TREASURER-TAX 
COLLECTOR. 

(a) Disclosure Category 2. Persons in this 
category shall disclose (a) investments, business 
positions, real property and sources of income if 
any of these financial interests are subject to the 
regulatory, permit or licensing authority of the 
Treasurer-Tax Collector; and (b) investments and 
business positions in and sources of income from 
a person or an entity that provides services, 
supplies, materials, machinery or equipment to 
the Treasurer-Tax Collector Department, or that 
may foreseeably do so in the future, or that has 
done so within two years prior to any time period 
covered by a statement of economic interest. 

(b) Disclosure Category 3. Persons in this 
category shall disclose investments, business po- 
sitions, real property and sources of income if 
any of these financial interests are subject to the 
regulatory, permit or licensing authority of the 
Treasurer- Tax Collector. 

Designated Positions Disclosure Categories 

Treasurer See Sec. 3.1-500 

Chief Assistant Treasurer See Sec. 3.1-500 

Cash Management and 

Investment Officer See Sec. 3.1-500 
Assistant Cash Management and Invest- 
ment Officer See. Sec. ^.1-500 

Account Clerk 2 

Account Intern 2 

Accountant 2 

Attorney 1 

Chief Clerk 2 

Commercial Division Assistant Supervisor ... 2 



Designated Positions Disclosure Categories 

Head Accountant 2 

Investigator 2 

IS Engineer — Senior 2 

Management Assistant 2 

Manager I 1 

Manager II 1 

Manager III 1 

Manager IV 1 

Manager V 1 

Manager VI 1 

Manager VII 1 

Personal Property Auditor 2 

Principal Account Clerk 2 

Principal Accountant 2 

Principal Administrative Analyst 2 

Principal Investigator 1 

Principal Personal Property Auditor 2 

Senior Account Clerk 2 

Senior Accountant 2 

Senior Administrative Analyst 2 

Senior Collections Officer 2 

Senior Investigator 2 

Senior Management Assistant 2 

Senior Property Auditor 2 

Tax Collector Attorney 1 

(Added by Ord. 71-00, File No. 000358, App. 4/28/ 
2000; amended by Ord. 58-01, File No. 001951, 
App. 4/13/2001; Ord. 73-03, File No. 022027, App. 
4/25/2003; Ord. 80-07, File No. 070122, App. 4/19/ 
2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.410; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 190-90, App. 5/24/90; Ord. 
311-92, App. 10/9/92; Ord. 380-94, App. 11/10/94; 
Ord. 56-97, App. 3/6/97; Ord. 345-98, App. 11/19/ 
98) 

SEC. 3.1-450. WAR MEMORIAL AND 
PERFORMING ARTS CENTER. 

(a) Disclosure Category 2. Persons in this 
category shall disclose all investments in, in- 
come from, or any management or business 
position in connection with real estate uses for 
the performing arts in San Francisco, with enti- 
ties which book the performing arts or individual 
performers, with architectural and construction 
firms or consultants, food, beverage, catering, 




Supp. No. 7, April 2007 



217 



Conduct of Government Officials and Employees - 

Conflict of Interest Code: Financial Disclosure 



Sec. 3.1-500. 




program, souvenir, or ticketing concession firms, 
and building maintenance and theatrical equip- 
ment and supply firms or consultants. 

(b) Disclosure Category 3. Persons in this 
category shall disclose all investments in, in- 
come from, or business positions in, building 
maintenance and theatrical equipment and sup- 
ply firms or consultants. 

Designated Positions Disclosure Categories 

Trustees 2 

Managing Director 2 

Assistant Managing Director/Executive 

Secretary 2 

Building and Grounds Superintendents 3 

Janitorial Services Supervisor 3 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.415; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-455. WOMEN, COMMISSION ON 
THE STATUS OF. 

Designated Positions Disclosure Categories 

Commission Member All 1 

Executive Director 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000) 

(Derivation: Former Administrative Code Sec- 
tion 58.420; added by Ord. 190-90, App. 5/24/90; 
amended by Ord. 340-99, File No. 992046, App. 
12/30/99) 

SEC. 3.1-457. WORKFORCE 
INVESTMENT BOARD. 

Disclosure Category 2. Persons in this 
category shall disclose all investments and busi- 
ness positions in any business entity, and income 
fi:'om any source, which has submitted a proposal 
to enter into or which has entered into any 
contract, subcontract or other financial agree- 
ment voted on or otherwise discussed by the 
Workforce Investment Board during the period 
covered by the disclosure statement. 



Designated Positions Disclosure Categories 

Members, Workforce Investment Board 2 

(Added by Ord. 80-07, File No. 070122, App. 4/19/ 
2007) 

SEC. 3.1-460. COURT POSITIONS. 

The following agencies are not included in 
this ordinance because, under the Political Re- 
form Act, the Board of Supervisors does not act 
as the Code reviewing body for these agencies: 
Superior Court 
Municipal Court 
Juvenile Court 
Juvenile Justice Commission 
Adult Probation. 

(Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

(Derivation: Formier Administrative Code Sec- 
tion 58.500; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 190-90, App. 5/24/90) 

SEC. 3.1-500. POSITIONS DESIGNATED 
BY STATE— FILING OFFICIAL. 

Members of the Board of Supervisors, Dis- 
trict Attorney, Miayor, City Attorney, Treasurer, 
members of the Planning Commission, public 
officials who manage public investments, and 
any other officer who may be subject to the 
provisions of Government Code Section 87200, 
shall file one original of all statements of eco- 
nomic interests with the Ethics Commission, the 
filing official, who shall make and retain a copy 
and forward the original to the Fair Political 
Practices Commission which shall be the filing 
officer. (Added by Ord. 71-00, File No. 000358, 
App. 4/28/2000; Ord. 80-07, File No. 070122, 
App. 4/19/2007) 

(Derivation: Former Administrative Code Sec- 
tion 58.600; added by Ord. 3-90, App. 1/5/90; 
amended by Ord. 190-90, App. 5/24/90; Ord. 
386-95, App. 12/14/95; Ord. 56-97, App. 3/6/97; 
Ord. 345-98, App. 11/19/98) 



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Supp. No. 7, April 2007 



CHAPTER 2: CONFLICT OF INTEREST AND OTHER PROHIBITED ACTIVITIES 



Sec. 3.200. Findings and Purpose. 

Sec. 3.202. Construction. 

Sec. 3.204. Amendment or Repeal of this 

Chapter. 
Sec. 3.206. Financial Conflicts of Interest. 
Sec. 3.208. Appointments and Nominations. 
Sec. 3.210. Voting on Own Character or 

Conduct. 
Sec. 3.212. Decisions Involving Family 

Members. 
Sec. 3.214. Disclosure of Personal, 

Professional and Business 

Relationships. 
Sec. 3.216. Gifts. 
Sec. 3.218. Incompatible Activities. 
Sec. 3.220. Prohibition on Dual Office 

Holding. 
Sec. 3.222. Prohibiting Members of Boards 

and Commissions from 

Contracting with the City and 

County. 
Sec. 3.224. Prohibition on Representing 

Private Parties before Other 

City Officers and Employees — 

Compensated Advocacy. 
Sec. 3.226. Referrals. 
Sec. 3.228. Disclosure or Use of 

Confidential City Information. 
Sec. 3.230. Prohibition on Political Activity. 
Sec. 3.232. Prohibition on Use of Public 

Funds for Printed Greeting 

Cards. 
Sec. 3.234. Post-Employment Restrictions. 
Sec. 3.236. Aiding and Abetting. 
Sec. 3.238. Filing of False Charges. 
Sec. 3.240. Provision of False or Misleading 

Information; Withholding of 

Information; and Duty to 

Cooperate and Assist. 
Sec. 3.242. Penalties and Enforcement. 



Sec. 3.244. Severability 

SEC. 3.200. FINDINGS AND PURPOSE. 

(a) The people of the City and County of 
San Francisco declare that public office is a 
public trust and all officers and employees of the 
City and County shall exercise their public du- 
ties in a manner consistent with this trust. To 
assure that the governmental processes of the 
City and County promote fairness and equity for 
all residents and to maintain public trust in 
governmental institutions, the people of the City 
and County declare that they have a compelling 
interest in creating laws regulating conflicts of 
interest and outside activities of City officers and 
employees. 

(b) The proper operation of the government 
of the City and County of San Francisco requires 
that public officers and employees be indepen- 
dent, impartial, and responsible to the people 
and that public office and employment not be 
used for personal gain. The public interest, there- 
fore, requires that officers and employees of the 
City and County be prohibited from making, 
participating in making or otherwise seeking to 
influence governmental decisions in which they 
have a financial interest or accepting gifts and 
other things of value from regulated sources. 

(c) In order to maintain the public's confi- 
dence in the integrity of governmental decisions 
related to the appointment and discipline of 
public officers and employees, public officers and 
employees must not give or receive anything of 
value in consideration of their appointment or 
accept anything of value from their subordi- 
nates, and must not participate in decisions 
related to their own character or conduct or that 
of their family members. 

(d) City and County contracts should be, 
and should appear to be, awarded on a fair and 
impartial basis. The practice of members of Boards 
and Commissions of the City and County con- 
tracting with the City and County creates the 



237 



Sec. 3.200. 



San Francisco - Campaign and Governmental Conduct Code 



238 



potential for, and the appearance of, favoritism 
or preferential treatment by the City and County. 
Prohibiting members of Boards and Commis- 
sions of the City and County from contracting 
with the City and County will eliminate both 
actual and perceived favoritism or preferential 
treatment without creating unnecessary barri- 
ers to public service. 

(e) Government decisions of officers and em- 
ployees of the City and County should be, and 
should appear to be, made on a fair and impar- 
tial basis. The practice of former officers and 
employees communicating with their former col- 
leagues on behalf of private interests and the 
practice of current officers of the City and County 
communicating with other officers and employ- 
ees on behalf of any other person for compensa- 
tion creates the potential for, and the appearance 
of, undue influence, favoritism or preferential 
treatment. Prohibiting former officers and em- 
ployees from communicating orally, in writing, or 
in any other manner with their former col- 
leagues for specified periods of time and prohib- 
iting current officers from communicating orally, 
in writing, or in any other manner with other 
officers and employees of the City and County on 
behalf of any other person for compensation will 
eliminate both actual and perceived undue influ- 
ence, favoritism or preferential treatment with- 
out creating unnecessary barriers to public ser- 
vice. (Added by Proposition E, 11/4/2003) (Former 
Section 3.200 added by Ord. 71-00, File No. 
000358, App. 4/28/2000; repealed by Proposition 
E, 11/4/2003. Derivation: Former Administrative 
Code Section 16.980; added by Ord. 374-96, App. 
9/30/96) 

SEC. 3.202. CONSTRUCTION. 

This Chapter shall be liberally construed in 
order to effectuate its purposes, provided that 
nothing in this Chapter shall be interpreted or 
applied to prohibit officers, members and repre- 
sentatives of employee organizations from engag- 
ing in organizational activities that are pro- 
tected by the California Meyers-Milias-Brown 
Act, the First Amendment to the United States 
Constitution or any other federal, state or local 
law. No error, irregularity, informality, neglect or 



omission of any officer in any procedure taken 
under this Chapter which does not directly affect 
the jurisdiction of the Board of Supervisors or 
the City and County to control the ethical con- 
duct of its officers and employees shall avoid the 
effect of this Chapter. (Added by Proposition E, 
11/4/2003) 

SEC. 3.204. AMENDMENT OR REPEAL 
OF THIS CHAPTER. 

The voters may amend or repeal this Chap- 
ter. The Board of Supervisors may amend this 
Chapter if all of the following conditions are met: 

(a) The amendment furthers the purposes 
of this Chapter; 

(b) The Ethics Commission approves the 
proposed amendment by at least a four-fifths 
vote of all its members; 

(c) The proposed amendment is available 
for public review at least 30 days before the 
amendment is considered by the Board of Super- 
visors or any committee of the Board of Supervi- 
sors; and 

(d) The Board of Supervisors approves the 
proposed amendment by at least a two-thirds 
vote of all its members. (Added by Proposition E, 
11/4/2003) 

SEC. 3.206. FINANCIAL CONFLICTS OF 
INTEREST. 

(a) Incorporation of the California Po- 
litical Reform Act. No officer or employee of 
the City and County shall make, participate in 
making, or seek to influence a decision of the 
City and County in which the officer or employee 
has a financial interest within the meaning of 
California Government Code Section 87100 et 
seq. and any subsequent amendments to these 
Sections. 

(b) Incorporation of California Govern- 
ment Code 1090, et seq. No officer or employee 
of the City and County shall make a contract in 
which he or she has a financial interest within 
the meaning of California Government Code 
Section 1090 et seq. and any subsequent amend- 
ments to these Sections. 



239 



Conduct of Government Officials and Employees 
Conflict of Interest and Other Prohibited Activities 



Sec. 3.214. 



(c) Future Employment. No officer or em- 
ployee of the City shall make, participate in 
making, or otherwise seek to influence a govern- 
mental decision, affecting a person or entity with 
whom the officer or employee is discussing or 
negotiating an agreement concerning future em- 
ployment. (Added by Proposition E, 11/4/2003) 

SEC. 3.208. APPOINTMENTS AND 
NOMINATIONS. 

No person shall give or promise, and no 
officer or employee of the City and County may 
solicit or accept, any money or other valuable 
thing in consideration for (i) the person's nomi- 
nation or appointment to any City and County 
office or employment, or promotion or other 
favorable City and County employment action, 
or (ii) any other person's nomination or appoint- 
ment to any City and County office or employ- 
ment or promotion or other favorable City and 
County employment action. (Added by Proposi- 
tion E, 11/4/2003) 

SEC. 3.210. VOTING ON OWN 
CHARACTER OR CONDUCT. 

(a) Prohibition. No officer or employee of 
the City and County shall knowingly vote on or 
attempt to influence a governmental decision 
involving his or her own character or conduct, or 
his or her appointment to any office, position, or 
employment. 

(b) Exceptions. Nothing in this Section 
shall prohibit an officer or employee from (i) 
responding to allegations, applying for an office, 
position, or employment, or responding to inquir- 
ies; or (ii) participating in the decision of his or 
her board, commission, or committee to choose 
him or her as chair, vice chair, or other officer of 
the board, commission, or committee. (Added by 
Proposition E, 11/4/2003) 

SEC. 3.212. DECISIONS INVOLVING 
FAMILY MEMBERS. 

(a) Prohibition. No officer or employee of 
the City and County may make, participate in 
making, or otherwise seek to influence a decision 
of the City and County regarding an employment 
action involving a relative. Nothing in this Sec- 



tion shall prohibit an officer or employee from 
acting as a personal reference or providing a 
letter of reference for a relative who is seeking 
appointment to a position in any City depart- 
ment, board, commission or agency other than 
the officer or employee's department, board, com- 
mission or agency or under the control of any 
such department, board, commission or agency. 

(b) Delegation. A Department Head who is 
prohibited under Subsection (a) from participat- 
ing in an employment action involving a relative 
shall delegate in writing to an employee within 
the department any decisions regarding such 
employment action. 

(c) Definitions. For purposes of this Sec- 
tion, the term "emplojrment action" shall be 
limited to hiring, promotion, or discipline, and 
the term "relative" shall mean a spouse, domes- 
tic partner, parent, grandparent, child, sibling, 
parent-in-law, aunt, uncle, niece, nephew, first 
cousin, and includes any similar step relation- 
ship or relationship created by adoption. (Added 
by Proposition E, 11/4/2003) 

SEC. 3.214. DISCLOSURE OF 
PERSONAL, PROFESSIONAL AND 
BUSINESS RELATIONSHIPS. 

(a) Disclosure. A City officer or employee 
shall disclose on the public record any personal, 
professional or business relationship with any 
individual who is the subject of or has an own- 
ership or financial interest in the subject of a 
governmental decision being made by the officer 
or employee where as a result of the relationship, 
the ability of the officer or employee to act for the 
benefit of the public could reasonably be ques- 
tioned. For the purposes of this Section, the 
minutes of a public meeting at which the govern- 
mental decision is being made, or if the govern- 
mental decision is not being made in a public 
meeting, a memorandum kept on file at the 
offices of the City officer or employee's depart- 
ment, board, commission or agency shall consti- 
tute the public record. 

(b) Penalties. A court may void any govern- 
mental decision made by a City officer or em- 
ployee who fails to disclose a relationship as 



Supp. No. 9, June 2007 



Sec. 3.214. 



San Francisco - Campaign and Governmental Conduct Code 



240 



required by Subsection (a) if the court deter- 
mines that: (1) the failure to disclose was willful; 
and (2) the City officer or employee failed to 
render his or her decision with disinterested 
skill, zeal, and diligence and primarily for the 
benefit of the City. No other penalties shall apply 
to a violation of this Section, provided that 
nothing in this Section shall prohibit an appoint- 
ing authority from imposing discipline for a 
violation of this Section. 

(c) Regulations. The Ethics Commission 
may adopt regulations setting forth the types of 
personal, professional and business relation- 
ships that must be disclosed pursuant to this 
Section. (Added by Proposition E, 11/4/2003) 

SEC. 3.216. GIFTS. 

(a) Prohibition on Bribery. No person 
shall offer or make, and no officer or employee 
shall accept, any gift with the intent that the 
City officer or employee will be influenced thereby 
in the performance of any official act. 

(b) General gift restrictions. In addition 
to the gift limits imposed by California Govern- 
ment Code Section 89503, Section 3.1-101 of the 
Campaign and Governmental Conduct Code and 
any subsequent amendments to those sections, 
no officer or employee of the City and County 
shall solicit or accept any gift from a person who 
the officer or employee knows or has reason to 
know is a restricted source. 

(1) Restricted Source. For purposes of 
this section, a restricted source means: (A) a 
person doing business with or seeking to do 
business with the department of the officer or 
employee; (B) any person who during the prior 
12 months knowingly attempted to influence the 
officer or employee in any legislative or admin- 
istrative action. 

(2) Gift. For purposes of this subsection, 
the term gift has the same meaning as under the 
Political Reform Act, California Government Code 
Section 81000 et seq., and the regulations adopted 
thereunder, including any subsequent amend- 
ments. Gifts exempted from the limits imposed 
by California Government Code Section 89503 
and Section 3.1-101 of the Campaign and Gov- 



ernmental Conduct Code shall also be exempted 
from the prohibition set forth in this subsection. 
(3) Regulations. The Ethics Commission 
shall issue regulations implementing this sec- 
tion, including regulations exempting voluntary 
gifts that are nominal in value such as gifts that 
are given by vendors to clients or customers in 
the normal course of business. 

(c) Gifts From Subordinates. No officer 
or employee shall solicit or accept any gratuity in 
money or other valuable thing, either directly or 
indirectly, from any subordinate or employee or 
from any candidate or applicant for a position as 
employee or subordinate under him or her. The 
Ethics Commission shall issue regulations imple- 
menting this section, including regulations ex- 
empting voluntary gifts that are given or re- 
ceived for special occasions or under other 
circumstances in which gifts are traditionally 
given or exchanged. 

(d) Gifts of Travel. 

(1) Gifts to Elected Officers. In addition 
to the gift limits and reporting requirements 
imposed by the Political Reform Act and this 
Code, no elected officer may accept a gift of 
transportation, lodging, or subsistence for any 
out-of-state trip paid for in part by an entity 
other than the City and County of San Francisco, 
another governmental body, or a bona fide edu- 
cational institution, defined in Section 203 of the 
Revenue and Taxation Code, unless the officer 
has first disclosed on a form filed with the Ethics 
Commission: 

(A) the name of the entity and the total 
amount that will be paid by the entity to fund the 
trip, including but not limited to the amount 
directly related to the cost of the elected officer's 
transportation, lodging, and subsistence; 

(B) the name, occupation and employer of 
any contributor who has contributed more than 
$500 to the entity funding the trip and whose 
contributions were used in whole or in part to 
fund the trip; 

(C) a description of the purpose of the trip 
and the itinerary; and 





Supp. No. 9, June 2007 



241 



Conduct of Government Officials and Employees 
Conflict of Interest and Other Prohibited Activities 



Sec. 3.218. 



(D) the name of any individual accompany- 
ing the official on the trip who is: 

(i) a City employee required to file a State- 
ment of Economic Interests, 

(ii) a lobbyist or campaign consultant regis- 
tered with the Ethics Commission, 

(iii) an employee of or individual who has 
any ownership interest in a lobbyist or campaign 
consultant registered with the Ethics Commis- 
sion, or 

(iv) an employee or officer of the entity that 
will pay for the gift of transportation, lodging, or 
subsistence. 

(2) Gifts to the City. In addition to any 
other reporting requirements imposed by the 
Political Reform Act or local law, an elected 
officer shall file a form with the Ethics Commis- 
sion disclosing the information required under 
subsections (d)(1)(A) — (D) of this Section before 
accepting a gift of transportation, lodging, or 
subsistence for any out-of-state trip paid for by 
the City in whole or in part with funds donated 
from an entity other than another governmental 
body or a bona fide educational institution, as 
defined in Section 203 of the Revenue and taxa- 
tion Code. 

(3) Reimbursement of Gifts of Travel. 

In addition to any other reporting requirements 
imposed by the Political Reform Act or local law, 
an elected officer who reimburses an entity for a 
gift of transportation, lodging or subsistence 
related to out-of-state travel in order to avoid 
having received or accepted the gift shall file a 
form with the Ethics Commission within 30 days 
of such reimbursement disclosing: 

(A) the name of the entity that originally 
paid for the transportation, lodging or subsis- 
tence; 

(B) the amount paid by the entity for the 
elected officer's transportation, lodging or subsis- 
tence; 

(C) the amount reimbursed by the elected 
officer to the entity and the process used to 
determine the fair-market value of that amount; 
and 



(D) a description of the purpose of the trip 
and the itinerary. 

(4) Format. The Ethics Commission shall 
provide forms for the disclosure required by this 
subsection and shall make the completed forms 
available on its website. 

(5) Definition. For the purpose of this sub- 
section, the term "elected officer" means the 
Mayor, member of the Board of Supervisors, City 
Attorney, District Attorney, Public Defender, As- 
sessor, Treasurer, and Sheriff. 

(e) Restrictions. Nothing in this section 
shall prohibit a City department, agency, board 
or commission from imposing additional gift re- 
strictions on its officers or employees. (Added by 
Proposition E, 11/4/2003; Ord. 128-06, File No. 
060217, App. 6/22/2006; Ord. 301-06, File No. 
061333, App. 12/18/2006) 

SEC. 3.218. INCOMPATIBLE 
ACTIVITIES. 

(a) Prohibition. No officer or employee of 
the City and County may engage in any employ- 
ment, activity, or enterprise that the depart- 
ment, board, commission, or agency of which he 
or she is a member or employee has identified as 
incompatible in a statement of incompatible ac- 
tivities adopted under this Section. No officer or 
employee may be subject to discipline or penal- 
ties under this Section unless he or she has been 
provided an opportunit}^ to demonstrate that his 
or her activity is not in fact inconsistent, incom- 
patible or in conflict with the duties of the officer 
or employee. 

(b) Statement of Incompatible Activi- 
ties. Every department, board, commission, and 
agency of the City and County shall, by August 1 
of the year after which this Section becomes 
effective, submit to the Ethics Commission a 
statement of incompatible activities. No state- 
ment of incompatible activities shall become 
effective until approved by the Ethics Commis- 
sion after a finding that the activities are incom- 
patible under the criteria set forth in Subsection 
(c). After initial approval by the Ethics Commis- 
sion, a department, board, commission or agency 
of the City and County may, subject to the 



Supp. No. 3, November/December, 2006 



Sec. 3.218. 



San Francisco - Campaign and Governmental Conduct Code 



242 



approval of the Ethics Commission, amend its 
statement of incompatible activities. The Ethics 
Commission may, at any time, amend the state- 
ment of incompatible activities of any depart- 
ment, board, commission or agency of the City 
and County. 

(c) Required Language. Each statement 
of incompatible activities shall list those outside 
activities that are inconsistent, incompatible, or 
in conflict with the duties of the officers and 
employees of the department, board, commis- 
sion, or agency of the City and County. This list 
shall include, but need not be limited to, activi- 
ties that involve: (1) the use of the time, facili- 
ties, equipment and supplies of the City and 
County; or the badge, uniform, prestige, or influ- 
ence of the City and County officer or employee's 
position for private gain or advantage; (2) the 
receipt or acceptance by an officer or employee of 
the City and County of any money or other thing 
of value from anyone other than the City and 
County for the performance of an act that the 
officer or employee would be required or ex- 
pected to render in the regular course of his or 
her service or employment with the City and 
County; (3) the performance of an act in a capac- 
ity other than as an officer or employee of the 
City and County that may later be subject di- 
rectly or indirectly to the control, inspection, 
review, audit or enforcement of the City and 
County officer or employee's department, board, 
commission or agency; and (4) time demands 
that would render performance of the City and 
County officer or employee's duties less efficient. 
The Ethics Commission may permit City boards 
and commissions to exclude any required lan- 
guage from their statement of incompatible ac- 
tivities if their members, by law, must be ap- 
pointed in whole or in part to represent any 
profession, trade, business, union or association. 

(d) Meet and Confer. No statement of in- 
compatible activities or any amendment thereto 
shall become operative until the City and County 
has satisfied the meet and confer requirements 
of State law. 

(e) Notice. Every department, board, com- 
mission and agency of the City and County shall 
annually provide to its officers and employees a 
copy of its statement of incompatible activities. 



(f) Existing Civil Service Rules. Rules 
and Regulations relating to outside activities 
previously adopted or approved by the Civil 
Service Commission shall remain in effect until 
statements of incompatible activities are adopted 
pursuant to this Section. (Added by Proposition 
E, 11/4/2003) 

SEC. 3.220. PROHIBITION ON DUAL 
OFFICE HOLDING. 

Any person holding an office under the City 
and County with an annual salary in excess of 
$2,500, whether by election or by appointment, 
who shall, during his or her term of office, hold or 
retain any other office with such a salary under 
the government of the United States, the State of 
California, or the City and County shall be 
deemed to have thereby vacated the office held 
by him or her under the City and County. For the 
purposes of this Section, the term salary does not 
include: (1) a stipend, per diem, or other pay- 
ment provided for attendance at meetings; or (2) 
health, dental or vision insurance, or other non- 
cash benefits. (Added by Proposition E, 11/4/ 
2003) 

SEC. 3.222. PROHIBITING MEMBERS 
OF BOARDS AND COMMISSIONS FROM 
CONTRACTING WITH THE CITY AND 
COUNTY. 

(a) Definitions. For purposes of this Sec- 
tion, the following definitions shall apply: 

(1) Board or Commission. The term "board 
or commission" means an appointed board or 
commission created by Charter or ordinance of 
the City and County, but does not include advi- 
sory boards or commissions. 

(2) Business. The term "business" means 
any corporation, partnership, sole proprietor- 
ship, firm, enterprise, franchise, association, or- 
ganization, or other legal entity or undertaking 
organized for economic gain. 

(3) City and County The term "City and 
County" includes any commission, board, depart- 
ment, agency, committee, or other organizational 
unit of the City and County of San Francisco. 




Supp. No. 3, November/December, 2006 



243 



Conduct of Government Officials and Employees - 
Conflict of Interest and Other Prohibited Activities 



Sec. 3.224. 




(4) Contract. The term "contract" means 
any agreement to which the City and County is a 
party, other than a grant funded in whole or in 
part by the City and County or an agreement for 
employment with the City and County in ex- 
change for salary and benefits. 

(5) Subcontract. The term "subcontract" 
means a contract to perform any work that a 
primary contractor has an agreement with the 
City and County to perform. 

(b) Prohibition. No member of a board or 
commission of the City and County shall, during 
his or her term of office, contract or subcontract 
with the City and County, the San Francisco 
Redevelopment Agency, the San Francisco Hous- 
ing Authority, the San Francisco Unified School 
District, or the San Francisco Community Col- 
lege District, where the amount of the contract or 
the subcontract exceeds $10,000. 

(c) Exceptions. This Section shall not ap- 
ply to the following contracts or subcontracts: 

(1) A contract or subcontract with a non- 
profit organization; 

(2) A contract or subcontract with a busi- 
ness with which a member of a board or commis- 
sion is affiliated unless the member exercises 
management and control over the business. A 
member exercises management and control if he 
or she is: 

(A) An officer or director of a corporation; 

(B) A majority shareholder of a closely held 
corporation; 

(C) A shareholder with more than five per- 
cent beneficial interest in a publicly traded cor- 
poration; 

(D) A general partner or limited partner 
with more than 20 percent beneficial interest in 
the partnership; or 

(E) A general partner regardless of percent- 
age of beneficial interest and who occupies a 
position of, or exercises management or control 
of the business; 

(3) A contract or subcontract with the City 
and County entered into before a member of a 
board or commission commenced his or her ser- 
vice; or 



(4) An agreement to provide property, goods 
or services to the City and County at substan- 
tially below fair market value. 

(d) Limitation. Failure of a member of a 
board or commission to comply with this Section 
shall not be grounds for invalidating any con- 
tract with the City and County. (Added by Propo- 
sition E, 11/4/2003) 

SEC. 3.224. PROHIBITION ON 
REPRESENTING PRIVATE PARTIES 
BEFORE OTHER CITY OFFICERS AND 
EMPLOYEES— COMPENSATED 
ADVOCACY. 

(a) Prohibition. No officer of the City and 
County shall directly or indirectly receive any 
form of compensation to communicate orally, in 
writing, or in any other manner on behalf of any 
other person with any other officer or employee 
of the City and County with the intent to influ- 
ence a government decision. 

(b) Exceptions. This section shall not ap- 
ply to any communication by: (1) an officer of the 
City and County on behalf of the City and 
County; (2) an officer of the City and County on 
behalf of a business, union, or organization of 
which the officer is a member or full-time em- 
ployee; (3) an associate, partner or employee of 
an officer of the City and County, unless it is 
clear from the totality of the circumstances that 
the associate, partner or employee is merely 
acting as an agent of the City and County officer; 
or (4) a City officer in his or her capacity as a 
licensed attorney engaged in the practice of law, 
which includes representing clients in communi- 
cations with the City Attorney's Office, District 
Attorney's Office, Public Defender's Office, attor- 
neys in the Tax Collector's Office or Sheriffs 
Office, outside legal counsel hired by the City, 
representatives of the City who are named in a 
pending litigation matter or witnesses or poten- 
tial witnesses in a pending litigation matter. 

(c) Waiver. The Ethics Commission may 
waive the prohibitions in this section for any 
member of a City board or commission who, by 



Supp. No. 11, September/October 2007 



Sec. 3.224. 



San Francisco - Campaign and Governmental Conduct Code 



244 



law, must be appointed to represent any profes- 
sion, trade, business, union or association. (Added 
by Proposition E, 11/4/2003; Ord. 97-06, File No. 
051837, App. 5/19/2006) 

SEC. 3.226. REFERRALS. 

No officer or employee of the City and County 
shall: (a) receive any money, gift or other thing of 
economic value from a person or entity other 
than the City and County for referring a member 
of the public to a person or entity for any advice, 
service or product related to the processes of the 
City and County; or (b) condition any governmen- 
tal action on a member of the public hiring, 
employing, or contracting with any specific per- 
son or entity. The Ethics Commission may waive 
the restriction in Subsection (b) if the Commis- 
sion determines that granting a waiver is neces- 
sary for the proper administration of a govern- 
mental program or action. (Added by Proposition 
E, 11/4/2003) 

SEC. 3.228. DISCLOSURE OR USE OF 
CONFIDENTIAL CITY INFORMATION. 

No current or former officer or employee of 
the City and County shall: (a) willfully or know- 
ingly disclose any confidential or privileged in- 
formation, unless authorized or required by law 
to do so; or (b) use any confidential or privileged 
information to advance the financial or other 
private interest of himself or herself or others. 
Confidential or privileged information is infor- 
mation that at the time of use or disclosure was 
not subject to disclosure under the Sunshine 
Ordinance or California Public Records Act. 
(Added by Proposition E, 11/4/2003) 

SEC. 3.230. PROHIBITION ON 
POLITICAL ACTIVITY. 

(a) Solicitation of Contributions. No City 
officer or employee shall knowingly, directly or 
indirectly, solicit political contributions from other 
City officers or employees or from persons on 
employment lists of the City. Nothing in this 
Section shall prohibit a City officer or employee 
from communicating through the mail or by 



other means requests for political contributions 
to a significant segment of the public which may 
include City officers or employees. 

(b) Political Activities in Uniform. No 

City officer or employee shall participate in po- 
litical activities of any kind while in uniform. 

(c) Political Activities on City Time or 
Premises. No City officer or employee may 
engage in political activity during working hours 
or on City premises. For the purposes of this 
Subsection, the term "City premises" shall not 
include City owned property that is made avail- 
able to the public and can be used for political 
purposes. (Added by Proposition E, 11/4/2003) 

SEC. 3.232. PROHIBITION ON USE OF 
PUBLIC FUNDS FOR PRINTED 
GREETING CARDS. 

(a) Definitions. The term "greeting card" 
means any printed card that celebrates or recog- 
nizes a holiday. 

(b) Prohibition. No public funds may be 
used to design, produce, create, mail, send, or 
deliver any printed greeting card. The Controller 
of the City and County of San Francisco shall, in 
the Controller's sole discretion, determine whether 
a pa3rment is prohibited under this Section. 

The Controller's decision regarding whether 
a pa3nTient is prohibited under this Section is 
final. (Added by Proposition E, 11/4/2003) 

SEC. 3.234. POST-EMPLOYMENT 
RESTRICTIONS. 

(a) All Officers and Employees. 

(1) General Post-Employment Restrictions. 

(A) Permanent restriction on representa- 
tion in particular matters. No former officer or 
employee of the City and County, after the ter- 
mination of his or her service or employment 
with the City, shall, with the intent to influence, 
act as agent or attorney, or otherwise represent, 
any other person (except the City and County) 
before any court, or before any state, federal, or 
local agency, or any officer or employee thereof. 




Supp. No. 11, September/October 2007 



245 



Conduct of Government Officials and Employees - 
Conflict of Interest and Other Prohibited Activities 



Sec. 3.234. 




by making any formal or informal appearance or 
by making any oral, written, or other communi- 
cation in connection with a particular matter: 

(i) in which the City and County is a party 
or has a direct and substantial interest; 

(ii) in which the former officer or employee 
participated personally and substantially as a 
City officer or employee; 

(iii) which involved a specific party or par- 
ties at the time of such participation; and 

(iv) which is the same matter in which the 
officer or employee participated as a City officer 
or employee. 

(B) Permanent restriction on assisting oth- 
ers in particular matters. No former officer or 
employee of the City and County, after the ter- 
mination of his or her service or employment 
with the City, shall aid, advise, counsel, consult 
or assist another person (except the City and 
County) in any proceeding in which the officer or 
employee would be precluded under Subsection 
(A) from personally appearing. 

(C) Exception for testimony. The prohibi- 
tions in Subsections A and B do not prohibit a 
former officer or employee of the City and County 
from testifying as a witness, based on the former 
officer's or employee's personal knowledge, pro- 
vided that no compensation is received other 
than the fees regularly provided for by law or 
regulation of witnesses. 

(D) One year restriction on communicating 
with former department. No former officer or 
employee of the City and County, for one year 
after termination of his or her service or employ- 
ment with the City, shall, with the intent to 
influence a government decision, communicate 
orally, in writing, or in any other manner on 
behalf of any other person (except the City and 
County) with any officer or employee of the 
department, board, commission, office or other 
unit of government, for which the officer or 
employee served. 

(E) Waiver. 

(i) At the request of a former City officer or 
employee, the Ethics Commission may waive 
any of the restrictions in Subsections (a)(1)(A), 
(a)(1)(B) and (a)(1)(D) if the Commission deter- 



mines that granting a waiver would not create 
the potential for undue influence or unfair ad- 
vantage. The Ethics Commission shall adopt 
regulations implementing this provision. 

(ii) The Ethics Commission may waive any 
of the restrictions in Subsections (a)(1)(A), (a)(1)(B) 
and (a)(1)(D) for members of City boards and 
commissions who, by law, must be appointed to 
represent any profession, trade, business, union 
or association. 

(2) Future Employment. 

(A) Future Employment With Parties That 
Contract With The City. No officer or employee of 
the City shall, for a period of one year after 
termination of City service or employment, be 
employed by or otherwise receive compensation 
from a person or entity that entered into a 
contract with the City within the 12 months 
prior to the officer or employee leaving City 
service where the officer or employee personally 
and substantially participated in the award of 
the contract. 

(B) Waiver. At the request of a former City 
officer or employee, the Ethics Commission may 
waive the prohibition in Subsection (a)(2)(A) if 
the Commission determines that imposing the 
restriction would cause extreme hardship for the 
former City officer or employee. The Ethics Com- 
mission shall adopt regulations implementing 
this provision. 

(b) Mayor, Members of the Board of Su- 
pervisors, and their Senior Staff Members. 

(1) One year restriction on communi- 
cating with City departments. For purposes 
of the one-year restriction under subsection 
(a)(1)(D), the "department" for which a former 
Mayor, a former member of the Board of Super- 
visors, or a former senior staff member to either 
the Mayor or a member of the Board of Supervi- 
sors served shall be the City and County and the 
prohibition in subsection (a)(1)(D) shall extend 
to communications with: 

(A) a board, department, commission or 
agency of the City and County; 

(B) an officer or employee of the City and 
County; 



Supp. No. 11, September/October 2007 



Sec. 3.234. 



San Francisco - Campaign and Governmental Conduct Code 



246 



(C) an appointee of a board, department, 
commission, agency, officer, or employee of the 
City and County; or 

(D) a representative of the City and County. 

For the purposes of this subsection, "a 
former senior staff member to either the 
Mayor or a member of the Board of Super- 
visors" means an individual employed in 
any of the following positions at the time 
the individual terminated his or her em- 
ployment with the City: the Mayor's Chief 
of Staff, the Mayor's Deputy Chief of Staff, 
a Legislative Aide to a member of the 
Board of Supervisors or a position that the 
Ethics Commission determines by regula- 
tion is an equivalent position based on an 
analysis of the functions and duties of the 
position. Section 3.234(b) does not apply to 
any senior staff member of the Mayor or 
Member of the Board of Supervisors who 
left employment prior to the effective date 
of this amendment. 

(2) City service. No former Mayor or mem- 
ber of the Board of Supervisors shall be eligible 
for a period of one year after the last day of 
service as Mayor or member of the Board of 
Supervisors, for appointment to any full time, 
compensated employment with the City and 
County. This restriction shall not apply to a 
former Mayor or Supervisor elected to an office of 
the City and County, appointed to fill a vacancy 
in an elective office of the City and County, or 
appointed to a board or commission in the execu- 
tive branch. (Added by Proposition E, 11/4/2003; 
Ord. 218-07, File No. 070505, App. 9/21/2007) 

SEC. 3.236. AIDING AND ABETTING. 

No person shall knowingly and intentionally 
provide assistance to or otherwise aid or abet 
any other person in violating any of the provi- 
sions of this Chapter. (Added by Proposition E, 
11/4/2003) 

SEC. 3.238. FILING OF FALSE 
CHARGES. 

No person shall knowingly and intentionally 
file with the Ethics Commission, the District 



Attorney or the City Attorney any false charge 
alleging a violation of this Chapter. (Added by 
Proposition E, 11/4/2003) 

SEC. 3.240. PROVISION OF FALSE OR 
MISLEADING INFORMATION; 
WITHHOLDING OF INFORMATION; AND 
DUTY TO COOPERATE AND ASSIST. 

(a) Prohibition. No person shall know- 
ingly and intentionally furnish false or fraudu- 
lent evidence, documents, or information to the 
Ethics Commission, District Attorney or City 
Attorney, or knowingly and intentionally misrep- 
resent any material fact, or conceal any evi- 
dence, documents, or information relevant to an 
investigation by the Ethics Commission, District 
Attorney or City Attorney of an alleged violation 
of this Chapter. 

(b) Duty to Cooperate and Assist. The 

Ethics Commission, District Attorney or City 
Attorney may request and shall receive from 
every City officer and employee cooperation and 
assistance with an investigation into an alleged 
violation of this Chapter. (Added by Proposition 
E, 11/4/2003) 

SEC. 3.242. PENALTIES AND 
ENFORCEMENT. 

(a) Criminal Penalties. Any person who 
knowingly or willfully violates any of the City's 
conflict of interest and governmental ethics laws 
shall be guilty of a misdemeanor and upon con- 
viction thereof shall be punished by a fine of not 
more than $10,000 for each violation or by im- 
prisonment in the County jail for a period of not 
more than one year in jail or by both such fine 
and imprisonment. 

(b) Civil Penalties. Any person who inten- 
tionally or negligently violates any City conflict 
of interest or governmental ethics law shall be 
liable in a civil action brought by the City Attor- 
ney for an amount up to $5,000 for each viola- 
tion. 

(c) Injunctive Relief. The City Attorney or 
any resident may bring a civil action on behalf of 
the people of San Francisco to enjoin violations of 
or compel compliance with a conffict of interest 




Supp. No. 11, September/October 2007 



247 Conduct of Government Officials and Employees - Sec. 3.244. 

Conflict of Interest and Other Prohibited Activities 

or governmental ethics law. No resident may 
commence a civil action under this Section with- 
out first notifying the City Attorney in writing of 
the intent to file a civil action under this Section. 
If the City Attorney fails to notify the resident 
within 120 days of receipt of the notice that the 
City Attorney has filed or will file a civil action, 
the complainant may file the action. No resident 
may file an action under this Section if the City 
Attorney responds within 120 days that the City 
Attorney intends to file an action or has already 
filed a civil action. No resident may bring an 
action under this Section if the Ethics Commis- 
sion has issued a finding of probable cause aris- 
ing out of the same facts, the District Attorney 
has commenced a criminal action arising out of 
the same facts, or another resident has filed a 
civil action under this Section arising out of the 
same facts. A court may award reasonable 
attorney's fees and costs to any resident who 
obtains injunctive relief under this Section, 

(d) Administrative Penalties. Any per- 
son who violates any of the City's conflict of 
interest or governmental ethics laws shall be 
liable in an administrative proceeding before the 
Ethics Commission held pursuant to the Char- 
ter. In addition to the administrative penalties 
set forth in the Charter, the Ethics Commission 
may issue warning letters to City officers and 
employees. 

(e) Statute of Limitations. No person may 
bring a criminal, civil or administrative action 
under this Section against any other person 
more than four years after the date of the alleged 
violation. (Added by Proposition E, 11/4/2003) 

SEC. 3.244. SEVERABILITY. 

If any provision of this Chapter, or the appli- 
cation thereof to any person or circumstance, is 
held invalid, the validity of the remainder of the 
Chapter and the applicability of such provisions 
to other persons and circumstances shall not be 
affected thereby. (Added by Proposition E, 11/4/ 
2003) 



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Supp. No. 11, September/October 2007 



CHAPTER 3: ETHICS COMMISSION 

Sec. 3.300. Ethics Commission. 

SEC. 3.300. ETHICS COMMISSION. 

The powers and duties of the Ethics Commis- 
sion are governed by Charter Sections 15.100, et 
seq., and Appendix C, Sections C3.699-10— C3.699- 
16. (Added by Proposition E, 11/4/2003) (Former 
Section 3.300 added by Ord. 71-00, File No. 
000358, App. 4/28/2000; repealed by Proposition 
E, 11/4/2003. Derivation: Sections 1 through 4, 6, 
and 7 of Appendix K to the 1932 Charter) 

Editor's Note: 

Former Section 3.300 was part of an ordinance 
adopted by the San Francisco voters on June 3, 1986 
and was formerly codified as Sections 1-4, 6, and 7 of 
Appendix K to the 1932 Charter 



271 



Sec. 3.300. San Francisco - Campaign and Governmental Conduct Code 272 




[The next page is 281] 



CHAPTER 4: PERMIT APPLICATION PROCESSIJsfG 




SEC. 3.400. PERMIT APPLICATION 
PROCESSING. 

(a) EQUAL TREATMENT OF PERMIT AP- 
PLICANTS. It shall be the policy of the Depart- 
ment of Building Inspection, the Planning De- 
partment, the Department of Public Works and 
the officers and employees of such departments 
to treat all permit applicants the same regard- 
less of the relationship of the applicant and/or 
the applicant's representatives to any officer or 
employee of the City and County and regardless 
of whether the applicant hires a permit consult- 
ant to provide permit consulting services. Inten- 
tional preferential treatment of any permit ap- 
plicant and/or the applicant's representatives by 
any officer or employee of the Department of 
Building Inspection, the Planning Department, 
or the Department of Public Works shall subject 
the officer or employee to disciplinary action for 
official misconduct. 

(b) APPLICATION PRIORITY. It shall be 
the policy of the Department of Building Inspec- 
tion, the Planning Department, the Department 
of Public Works and the officers and employees of 
such departments to review, consider, and pro- 
cess all applications, revisions, corrections and 
other permit-related material in the order in 
which that type of material is received unless 
there is a written finding of a public policy basis 
for not doing so, such as the involvement of 
public funds in the project for which the permit 
is sought, or the response to a delay caused by an 
earlier procedural error in processing the permit 
or another permit for the same project. Absent 
such a finding, any officer or employee of the 
Department of Building Inspection, the Plan- 
ning Department, the or Department of Public 
Works who intentionally fails to review, consider 
and process all applications, revisions, correc- 
tions and other permit-related material in the 
order in which that type of material is received 
shall be subject to disciplinary action for official 
misconduct. The Department of Building Inspec- 



tion, the Planning Department, and the Depart- 
ment of Public Works shall each adopt written 
guidelines for determining when there is a public 
policy basis for proces^sing permit material out of 
order. 

(c) PERMIT PROCESSING CODE OF CON- 
DUCT. No later than 60 days after the effective 
date of this Article, the Ethics Commission shall 
adopt a code of conduct for permit processing 
(the "Permit Processing Code of Conduct") con- 
taining ethical guidelines for permit applicants, 
pe^rmit consultants, and officers and employees 
of the Department of Building Inspection, the 
Planning Department, the and Department of 
Public Works. The Permit Processing Code of 
Conduct shall be posted in a conspicuous place in 
each department, and a copy shall be distributed 
to each officer of the City and County who makes 
or participates in making decisions related to 
permit applications. 

(d) EFFECTIVE DATE. The provisions of 
this Section shall take effect December 15, 2004. 
(Added by Ord. 115-04, File No. 040907, App. 
7/1/2004) (Former Section 3.400 added by Ord. 
71-00, File No. 000358, App. 4/28/2000; repealed 
by Proposition E, 11/4/2003) (Derivation: Former 
Administrative Code Section 16.5; added by Ord. 
438-96, App. 11/8/96) 

Sec. 3.405. 

(Added by Ord. 18-03, File No. 020969, App. 

2/7/2003; repealed by Proposition E, 11/4/2003) 

Sec. 3.500. 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; repealed by Proposition E, 11/4/2003) 

Sec. 3.505. 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; repealed by Proposition E, 11/4/2003) 

Sec. 3.510. 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; repealed by Proposition E, 11/4/2003) 



281 



Sec. 3.400. 



San Francisco - Campaign and Governmental Conduct Code 



282 



Sec. 3.515. 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; repealed by Proposition E, 11/4/2003) 

Sec. 3.520. 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; repealed by Proposition E, 11/4/2003) 

Sec. 3.525. 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; repealed by Proposition E, 11/4/2003) 

Sec. 3.530. 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; repealed by Proposition E, 11/4/2003) 

Sec. 3.535. 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; repealed by Proposition E, 11/4/2003) 

Sec. 3.540. 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; repealed by Proposition E, 11/4/2003) 

Sec. 3.545. 

(Added by Ord. 246-01, File No. 011847, App. 

12/21/2001; repealed by Proposition E, 11/4/ 

2003) 



Sec. 3.720. 

(Added by Proposition J, 11/7/2000; repealed by 

Proposition E, 11/4/2003) 

Sec. 3.725. 

(Added by Proposition J, 11/7/2000; repealed by 

Proposition E, 11/4/2003) 

Sec. 3.730. 

(Added by Proposition J, 11/7/2000; repealed by 

Proposition E, 11/4/2003) 

Sec. 3.735. 

(Added by Proposition J, 11/7/2000; repealed by 

Proposition E, 11/4/2003) 

Sec. 3.740. 

(Added by Proposition J, 11/7/2000; repealed by 

Proposition E, 11/4/2003) 




Sec. 3.600. 

(Added by Ord. 71-00, File No. 000358, App. 

4/28/2000; repealed by Proposition E, 11/4/2003) 

Sec. 3.700. 

(Added by Proposition J, 11/7/2000; repealed by 

Proposition E, 11/4/2003) 

Sec. 3.705. 

(Added by Proposition J, 11/7/2000; repealed by 

Proposition E, 11/4/2003) 

Sec. 3.710. 

(Added by Proposition J, 11/7/2000; repealed by 

Proposition E, 11/4/2003) 



Sec. 3.715. 

(Added by Proposition J, 11/7/2000; repealed by 

Proposition E, 11/4/2003) 




[The next page is 311] 



ARTICLE IV: PROTECTION OF WHISTLEBLOWERS 
Chapter Page 

1. REPORTING IMPROPER GOVERNMENT ACTIVITY; PROTECTION 

OF WHISTLEBLOWERS 313 




311 



San Francisco - Campaign and Governmental Conduct Code 312 



[INTENTIONALLY LEFT BLANK] 





CHAPTER 1: REPORTING IMPROPER GOVERNMENT ACTIVITY; PROTECTION OF 

WHISTLEBLOWERS 




Sec. 4.100. Findings. 

Sec. 4.105. Complaints of Improper 

Government Activity; 

Investigation Procedures; 

Referral to Other Agencies. 
Sec. 4.110. Definitions. 
Sec. 4.115. Protection of Whistleblowers. 
Sec. 4.120. Confidentiality. 
Sec. 4.125. Cooperation of Other City 

Departments. 
Sec. 4.130. Reports to the Board of 

Supervisors. 
Sec. 4.135. Limitation of Liability. 



SEC. 4.100. FINDINGS. 

The City and County of San Francisco has a 
paramount interest in protecting the integrity of 
its government institutions. To further this in- 
terest, individuals should be encouraged to re- 
port to the City's Ethics Commission, Controller, 
District Attorney, City Attorney and the 
complainant's department possible violations of 
laws, regulations and rules governing the con- 
duct of City officers and employees. 

This Chapter protects all City officers and 
employees from retaliation for filing a complaint 
with, or providing information to, the Ethics 
Commission, Controller, District Attorney, City 
Attorney or complainant's department about im- 
proper government activity by City officers and 
employees. 

Finally, this Chapter ensures that com- 
plaints that do not allege a violation of law over 
which the Ethics Commission has jurisdiction 
are directed to the appropriate agency for inves- 
tigation and possible disciplinary or enforcement 
action. (Added by Ord. 71-00, File No. 000358, 
App. 4/28/2000; amended by Ord. 29-02, File No. 
020017, App. 3/15/2002) 



SEC. 4.105. COMPLAINTS OF 
IMPROPER GOVERNMENT ACTIVITY; 
INVESTIGATION PROCEDURES; 
REFERRAL TO OTHER AGENCIES. 

(a) COMPLAINTS. Any person may file a 
complaint with the Ethics Commission, Control- 
ler, District Attorney or City Attorney, or a writ- 
ten complaint with the complainant's depart- 
ment alleging that a City officer or employee has 
engaged in improper government activity by: 
violating local campaign finance, lobbying, con- 
flicts of interest or governmental ethics laws, 
regulations or rules; violating the California Pe- 
nal Code by misusing City resources; creating a 
specified and substantial danger to public health 
or safety by failing to perform duties required by 
the officer or employee's City position; or abusing 
his or her City position to advance a private 
interest. 

(b) ETHICS COMMISSION COMPLAINT 
PROCEDURES. The Ethics Commission shall 
investigate complaints filed under this Section 
that allege violations of local campaign finance 
lobbying, conflicts of interest and governmental 
ethics laws pursuant to the procedures specified 
in Charter Section C3.699-13 and the regula- 
tions adopted thereunder. Nothing in this sub- 
section shall preclude the Ethics Commission 
from referring any matter to any other City 
department, commission, board, officer or em- 
ployee or to other government agencies for inves- 
tigation and possible disciplinary or enforcement 
action. The Ethics Commission may require that 
any City department, commission, board, officer 
or employee report to the Ethics Commission on 
the referred matter. 

(c) REFERRAL. The Ethics Commission shall 
refer complaints that do not allege a violation of 
law, regulation or rule that is within the Ethics 
Commission's jurisdiction to the appropriate 
agency for investigation and possible disciplin- 
ary or enforcement action. The Commission may 



313 



Sec. 4.105. 



San Francisco - Campaign and Governmental Conduct Code 



314 



conduct preliminary investigations into such com- 
plaints to determine whether the complaint con- 
tains sufficient information to warrant referral. 
The Ethics Commission may require that any 
City department, commission, board, officer or 
employee report to the Ethics Commission on the 
referred matter. (Added by Ord. 71-00, File No. 
000358, App. 4/28/2000; amended by Ord. 29-02, 
File No. 020017, App. 3/15/2002) 

SEC. 4.110. DEFINITIONS. 

For purposes of this Chapter, the Ibllowing 
words and phrases shall have the following mean- 
ings: 

(a) The term "City" means the City and 
County of San Francisco, its departments, com- 
missions and boards. 

(b) The term "complainant's department" 
includes the complainant's supervisor, the execu- 
tive director or highest ranking officer in the 
complainant's department, and the board or com- 
mission overseeing the complainant's depart- 
ment. 

(c) The term "preliminary investigation" shall 
be limited to, but need not include: review of the 
complaint and any documentary evidence pro- 
vided with the complaint; interview of the com- 
plainant; interview of the respondent, counsel to 
respondent and any witnesses who voluntarily 
agree to be interviewed for this purpose; review 
of any relevant public documents and documents 
provided voluntarily to the Commission. (Added 
by Ord. 71-00, File No. 000358, App. 4/28/2000; 
amended by Ord. 29-02, File No. 020017, App. 
3/15/2002) 

SEC. 4.115. PROTECTION OF 
WHISTLEBLOWERS. 

(a) RETALIATION PROHIBITED. No City 
officer or employee may terminate, demote, sus- 
pend or take other similar adverse employment 
action against any City officer or employee be- 
cause the officer or employee has in good faith 
filed a complaint with the Ethics Commission, 
Controller, District Attorney or City Attorney, or 
a written complaint with the complainant's de- 
partment, alleging that a City officer or em- 



ployee engaged in improper government activity 
by: violating local campaign finance, lobbying, 
conflicts of interest or governmental ethics laws, 
regulations or rules; violating the California Pe- 
nal Code by misusing City resources; creating a 
specified and substantial danger to public health 
or safety by failing to perform duties required by 
the officer or employee's City position; or abusing 
his or her City position to advance a private 
interest. 

(b) COMPLAINTS OF RETALIATION FOR 
HAVING FILED A COMPLAINT ALLEGING 
IMPROPER GOVERNMENT ACTIVITY. 

(i) Administrative Complaints. Any city of- 
ficer or employee, or former city officer or em- 
ployee, who believes he or she has been the 
subject of retaliation in violation of Subsection 
(a) of this Section may file a complaint with the 
Ethics Commission. The complaint must be filed 
no later than two years after the date of the 
retaliation. 

The Ethics Commission shall investigate com- 
plaints of violations of Subsection (a) of this 
Section pursuant to the procedures specified in 
San Francisco Charter Section C3. 699-13 and 
the regulations adopted thereunder. The Ethics 
Commission may decline to investigate com- 
plaints alleging violations of Subsection (a) if it 
determines that the same or similar allegations 
are pending with or have been finally resolved by 
another administrative or judicial body. Nothing 
in this Subsection shall preclude the Ethics 
Commission from referring any matter to any 
other City department, commission, board, of- 
ficer or employee, or to other government agen- 
cies for investigation and possible disciplinary or 
enforcement action. The Ethics Commission may 
refer matters to the Department of Human Re- 
sources with a recommendation. The Ethics Com- 
mission may require that any City department, 
commission, board, officer or employee report to 
the Ethics Commission on the referred matter. 

(ii) Civil Complaints. Any City officer or 
employee who believes he or she has been the 
subject of retaliation in violation of Subsection 
(a) of this Section may bring a civil action against 





315 



Protection of Whistleblowers - Reporting Improper 
Government Activity; Protection Of Whistleblowers 



Sec. 4.125. 




the City officer or employee who committed the 
violation. Such action must be filed no later than 
two years after the date of the retaliation. 

(iii) Burden of Establishing Retaliation. In 
order to establish retaliation under this Section, 
a complainant must demonstrate by a prepon- 
derance of the evidence that the complainant's 
engagement in activity protected under Subsec- 
tion (a) was a substantial motivating factor for 
the adverse employment action. The employer 
may rebut this claim if it demonstrates by a 
preponderance of the evidence that it would have 
taken the same emplojrment action irrespective 
of the complainant's participation in protected 
activity. 

(c) PENALTIES. 

(i) Charter Penalties. Any City officer or 
employee who violates Subsection (a) of this 
Section may be subject to administrative penal- 
ties pursuant to Charter Section C3. 699-13. 

(ii) Discipline by Appointing Authority. Any 
City officer or employee who violates Subsection 
(a) of this Section shall be subject to disciplinary 
action up to and including dismissal by his or her 
appointing authority. If no disciplinary action is 
taken by the appointing authority, the Ethics 
Commission may refer the matter to the Civil 
Service Commission for action pursuant to Char- 
ter Section A8.341. 

(iii) Civil Penalties. Any City officer or em- 
ployee who violates Subsection (a) of this Section 
may be personally liable in a civil action autho- 
rized under Subsection (b)(ii) of this Section for a 
civil penalty not to exceed $5,000. 

(d) RESERVATION OF AUTHORITY. 

(i) Civil Service Commission. Nothing in 
this Section shall interfere with the powers 
granted to the Civil Service Commission by the 
San Francisco Charter. 

(ii) Appointing Authority. Nothing in this 
Section shall interfere with the power of an 
appointing officer, manager, or supervisor to take 
action with respect to any City officer or em- 
ployee, provided that the appointing officer, man- 
ager, or supervisor reasonably believes that such 
action is justified on facts separate and apart 
from the fact that the officer or employee filed a 



complaint with, or cooperated with, an Ethics 
Commission investigation of such complaint; or 
filed a complaint with or provided information to 
the Controller, District Attorney, City Attorney 
or the complainant's department. 

(e) NOTICE OF WHISTLEBLOWER PRO- 
TECTIONS. The Ethics Commission shall pre- 
pare, and each City department shall post a 
notice of whistleblower protections. The notice 
shall be posted in a location that is conspicuous 
and accessible to all employees. (Added by Ord. 
71-00, File No. 000358, App. 4/28/2000; amended 
by Ord. 29-02, File No. 020017, App. 3/15/2002) 

SEC. 4.120. CONFIDENTIALITY. 

(a) WHISTLEBLOWER IDENTITY. Any in- 
dividual who files a complaint under Section 
4.105 of this Chapter may elect to have his or her 
identity kept confidential as provided by Charter 
Section C3.699-13(a). Such election must be made 
at the time the complaint is filed. 

(b) COMPLAINTS AND INVESTIGATIONS. 
The Ethics Commission shall treat as confiden- 
tial complaints made under Section 4.105 of this 
Chapter, and related information, including but 
not limited to materials gathered and prepared 
in the course of investigation of such complaints, 
and deliberations regarding such complaints, as 
provided by Charter Section C3.699-13(a). 

(c) EXCEPTIONS. 

(i) Conduct of Investigations. Nothing in 
this Section shall preclude the Ethics Commis- 
sion from disclosing the identity of an individual 
or other information to the extent necessary to 
conduct its investigation. 

(ii) Referrals. Nothing in this Section shall 
preclude the Ethics Commission from referring 
any matter to any other City department, com- 
mission, board, officer or employee, or to other 
government agencies for investigation and pos- 
sible disciplinary or enforcement action. (Added 
by Ord. 71-00, File No. 000358, App. 4/28/2000) 

SEC. 4.125. COOPERATION OF OTHER 
CITY DEPARTMENTS. 

All City depar1:ments, commissions, boards, 
officers and employees shall cooperate with and 



Sec. 4.125. San Francisco - Campaign and Governmental Conduct Code 316 

provider full and prompt assistance to the Ethics 
Commission in carrying out its duties under this 
Chapter. (Added by Ord. 71-00, File No. 000358, 
App. 4/28/2000) 

SEC. 4.130. REPORTS TO THE BOARD 
OF SUPERVISORS. 

The Ethics Commission shall provide an an- 
nual report to the Board of Supervisors which 
shall include the following: 

(1) The number of complaints received; 

(2) The type of conduct complained about; 

(3) The number of referrals to the Civil 
Service Commission, other City departments, or 
other government agencies; 

(4) The number of investigations the Ethics 
Commission conducted; 

(5) Findings or recommendations on poli- 
cies or practices resulting from the Ethics 
Commission's investigations; 

(6) The number of disciplinary actions taken 
by the City as a result of complaints made to the 
Ethics Commission; and 

(7) The number and amount of administra- 
tive penalties imposed by the Ethics Commission 
as a result of complaints made to the Commis- 
sion. (Added by Ord. 71-00, File No. 000358, App. 
4/28/2000) 

SEC. 4.135. LIMITATION OF LIABILITY. 

In adopting and enforcing this Chapter, the 
City undertakes to promote the general welfare. 
The City is not assuming, nor is it imposing on 
its officers and employees, an obligation for breach 
of which it is liable in money damages. (Added by 
Ord. 71-00, File No. 000358, App. 4/28/2000) 



[The next page is 417] 



INDEX 



ADMINISTRATIVE SERVICES, DEPARTMENT 
OF 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-109 

AGING AND ADULT SERVICES, DEPART- 
MENT OF 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-110 

ADVERTISING 

Campaign advertisements 
Disclosure requirements, 1.162.5 
Disclosure requirements — Campaign adver- 
tisements, 1.162 
Distribution of campaign advertisements con- 
taining false endorsements, 1.163.5 

AIRPORT COMMISSION 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-120 

APPEALS, BOARD OF 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-130 

APPOINTMENTS 

Conflict of interest and other prohibited activi- 
ties 
Appointments and nominations, 3.208 
Conflict of Interest Code — Financial disclosure 
Notice of appointment and resignation, 3.1- 
105 

Lobbyists regulated 
Appointment of employee to City and County 
office, 2.120 

APPROPRL\TIONS 

Campaign finance 
Election Campaign Fund; appropriation of 
funds, 1.138 



ARTS 

Art Commission 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-140 
Asian Art Museum 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-135 

Film and Video Arts Commission 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-240 
Fine Arts Museums 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-245 
War Memorial and Performing Arts Center 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-450 

ASL\N ART MUSEUM 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-135 

ASSESSOR-RECORDER 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-145 

ATTORNEY, CITY (See CITY ATTORNEY) 

ATTORNEY, DISTRICT (See DISTRICT ATTOR- 
NEY) 

AUDITS 

Campaign finance, 1.150 

— B — 

BOARD OF SUPERVISORS 

Campaign finance 

Eligibility to receive public financing 

Additional requirements for candidates for 
the Board of Supervisors, 1.140(b) 

Report to the Mayor and Board of Supervi- 
sors, 1.156 



417 



Supp. No. 12, November/December 2007 



San Francisco - Campaign and Governmental Conduct Code 



418 



BOARD OF SUPERVISORS (Cont'd.) 

Supplemental reporting in elections for Board 
of Supervisors and Mayor, 1.152 
Conflict of interest and other prohibited activi- 
ties 
Post-employment restrictions 
Mayor and members of the Board of Super- 
visors, 3.234(b) 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-150 
Whistleblowers protection 
Reports to the Board of Supervisors, 4.130 

BOARDS (See DEPARTMENTS AND OTHER 
AGENCIES OF CITY) 

BONDS 

Citizen's General Obligation Bond Oversight 
Committee 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-169 

BUILDING INSPECTION, DEPARTMENT OF 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-155 

— C - 

CAMPAIGN ADVERTISING 

Disclosure requirements, 1.162.5 

Disclosure requirements — Campaign advertise- 
ments, 1.162 

Distribution of campaign advertisements con- 
taining false endorsements, 1.163.5 

CAMPAIGN CONSULTANTS 

Administrative and civil enforcement, and pen- 
alties, 1.525 

Code of Conduct, 1.530 
Construction with other laws, 1.545 
Definitions, 1.505 

Electronic filing of statements and reports, 
1.540 
Ethics Commission 

Powers and duties, 1.540(b) 
Penalties, 1.540(c) 
Required, 1.540(a) 



CAMPAIGN CONSULTANTS (Cont'd.) 
Ethics Commission 

Electronic filing of statements and reports 
Powers and duties, 1.540(b) 

Powers and duties, 1.520 
Findings, 1.500 
Lobbyists, regulation of 

Lobbying by campaign consultants, 2.117 

Powers and duties of the Ethics Commission, 
1.520 

Prohibitions, 1.510 

Registration, reregistration, reporting, and fees, 
1.515 

Campaign consultant termination state- 
ments, 1.515(g) 

Client authorization statements, 1.515(d) 

Client termination statements, 1.515(f) 

Fees, 1.515(c) 

Quarterly reports, 1.515(e) 

Registration reports, 1.515(a) 

Reregistration reports, 1.515(b) 

Severability, 1.535 

CAMPAIGN DISCLOSURE 

Campaign finance (See also that subject) 

Electioneering communications, disclosure 
and filing requirements for, 1.161.5 

Mass mailings, disclosure and filing require- 
ments for, 1.161 

CAMPAIGN FINANCE 

Adoption of general law — Exceptions, 1.106 

Advertisements 

Campaign advertisements 

Disclosure requirements, 1.162.5 

Disclosure requirements — Campaign ad- 
vertisements, 1.162 

Distribution of campaign advertisements 
containing false endorsements, 1.163.5 
Amendment or repeal of Chapter, 1.103 
Audit; repayment, 1.150 
Audit, 1.150(a) 
Repayment, 1.150(b) 





Supp. No. 12, November/December 2007 



419 



INDEX 





CAMPAIGN FINANCE (Cont'd.) 
Campaign statements — Public access, 1.110 

Inspection and copymaking, 1.110(a) 

Retention, 1.110(b) 

Candidate Campaign Contribution Trust Ac- 
counts and Campaign Contingency Ac- 
counts, 1.108 

Citation, 1.102 

Contribution limits, 1.114 

Aggregation of affiliated entity contribu- 
tions, 1.114(e) 

Contractors doing business with the City, 

1.126 
Contributor information required, 1.114(f) 
Forfeiture of unlawful contributions, 1.114(g) 
Limits on contributions from corporations, 

1.114(c) 
Limits on contributions to candidates 
Primary and general elections, 1.114(a) 
Run-off elections, 1.114(b) 
Limits on contributions to committees, 1.114(d) 
Return of contributions, 1.114(h) 
Coordination of expenditures, 1.115 
Deadlines that fall on weekends and holidays, 
extension of, 1.172 

Definitions, 1.104 

Disbursement of public funds 

Candidates for the Board of Supervisors, 
1.144 

Deposit in Campaign Contribution Trust 

Account, 1.144(e) 
Payment by Controller, 1.144(a) 
Payments for election expenses, 1.144(c) 
Proration of funds, 1.144(d) 
Time of pajrments, 1.144(b) 
Termination of payments, 1.146 
Disclosure and filing for persuasion polls, 1.160.5 
Definitions, 1.160.5(a) 
Filing, 1.160.5(c) 
Telephonic disclosure, 1.160.5(b) 
Disclosure requirements 
Campaign advertisements, 1.162, 1.162.5 



CAMPAIGN FINANCE (Cont'd.) 

During signature gathering periods for ini- 
tiatives, referenda and recalls, 1.113 

Electioneering communications, disclosure 
and filing requirements for, 1.161.5 

Definitions, 1.161.5(c) 

Disclosure statements, 1.161.5(a) 

Regulations, 1.161.5(d) 

Reporting obligations, 1.161.5(b) 

Mass mailings, disclosure and filing require- 
ments for, 1.161 

Definitions, 1.161(c) 

Disclosure, 1.161(a) 

Filing, 1.161(b) 

Electronic campaign disclosure, 1.112 

Authority of Ethics Commission to require 
additional filings, 1.112(c) 

Committees subject to electronic filing re- 
quirements, 1.112(b) 

Continuous filing of electronic copies of 
campaign statements, 1.112(d) 

Filing electronic campaign statements, 
1.112(a) 

Recorded telephone messages, 1.163 
Duties of Enforcement Authority, 1.166 
Duties of Ethics Commission, 1.164 
Effect of violation on certification of election 
results, 1.174 

Election Campaign Fund; appropriation of 
funds, 1.138 

Appropriation to deletion campaign fund, 
1.138(b) 

Establishment of election campaign fund, 
1.138(a) 

Electronic campaign disclosure, 1.112 
Authority of Ethics Commission to require 
additional filings, 1.112(c) 

Committees subject to electronic filing re- 
quirements, 1.112(b) 

Continuous filing of electronic copies of cam- 
paign statements, 1.112(d) 

Filing electronic campaign statements, 
1.112(a) 



Supp. No. 12, November/December 2007 



San Francisco - Campaign and Governmental Conduct Code 



420 



CAMPAIGN FINANCE (Cont'd.) 
Eligibility, process for establishing 
(See herein: Process for Establishing Eligi- 
bility; Certification by the Ethics Com- 
mission) 
Eligibility to receive public financing 
Additional requirements for candidates for 
mayor, 1.140(c) 

Additional requirements for candidates for 
the Board of Supervisors, 1.140(b) 

Adjustment of expenditure limits and thresh- 
olds, 1.140(d) 

Requirements for all candidates, 1.140(a) 
Enforcement; advice, 1.168 

Advice, 1.168(d) 

Civil actions, 1.168(b) 

General provisions, 1.168(a) 

Statute of limitations, 1.168(c) 
Enforcement Authority, duties, 1.166 
Ethics Commission 

Duties, 1.164 

Process for establishing eligibility; certifica- 
tion by the Ethics Commission, 1.142 

Expenditure ceilings 
Acceptance or rejection of voluntary expen- 
diture ceilings, 1.128 
Amount, 1.130 
Lifted, 1.134 

Lifting of individual expenditure ceilings, 
1.134.5 
Expenditures 
Coordination of expenditures, 1.115 
Disclosure requirements — Campaign adver- 
tisements, 1.162 

Payment of accrued expenses, 1.118 
Extension of deadlines that fall on weekends 

and holidays, 1.172 
Implementing regulations; forms, 1.158 
Individual expenditure ceilings 

Lifting of, 1.134.5 
Insufficient funds in election campaign fund, 
1.154 

Insufficient funds, 1.154(b) 



CAMPAIGN FINANCE (Cont'd.) 
Report by Controller, 1.154(a) 

Intent, 1.100 

Liability of candidates 

No limitation, 1.160 

Loans to candidates, limits, 1.116 

No limitation of candidate liability, 1.160 

Pajonent of accrued expenses, 1.118 

Penalties, 1.170 

Process for establishing eligibility; certifica- 
tion by the Ethics Commission, 1.142 
Appeal to the Ethics Commission, 1.142(h) 
Certification, 1.142(e) 
Declaration by candidate, 1.142(b) 
Determination of eligibility, 1.142(c) 
Determination of opposition, 1.142(d) 
Reconsideration, 1.142(g) 
Resubmission, 1.142(f) 

Statement of participation or non-participa- 
tion, 1.142(a) 

Public financing of election campaigns, 1.136 

Eligibility to receive public financing, 1.140 

Additional requirements for candidates for 
mayor, 1.140(c) 

Additional requirements for candidates for 
the board of supervisors, 1.140(b) 

Adjustment of expenditure limits and 
thresholds, 1.140(d) 

Requirements for all candidates, 1.140(a) 

Purpose and intent, 1.100 

Repeal of Chapter, 1.103 

Report to the Mayor and Board of Supervisors, 
1.156 

Restrictions on use of public funds; unex- 
pended public funds, 1.148 

Purchase of equipment, 1.148(b) 

Unexpended public funds, 1.148(d) 

Use for qualified campaign expenditures only, 
1.148(a) 

Withdrawal or failure to qualify, 1.148(c) 

Rules of construction, 1.176 

Severability, 1.178 





Supp. No. 12, November/December 2007 



421 



INDEX 





CAMPAIGN FINANCE (Cont'd.) 
Solicitation or acceptance of campaign contri- 
butions — Limitations, 1.122 

Declaration of intent required, 1.122(a) 

Surplus funds, 1.122(c) 

Use of campaign funds, 1.122(b) 

Supplemental reporting, 1.135 

Supplemental reporting in elections for Board 
of Supervisors and Mayor, 1.152 

Treasurers, training for, 1.107 

Definition, 1.107(c) 

Exceptions, 1.107(b) 

Training requirements, 1.107(a) 
Violations 

Certification of election results 
Eff"ectof, 1.174 

Enforcement; advice, 1.168 

Penalties, 1.170 

CAMPAIGN STATEMENTS 

Campaign finance 
Campaign statements — Public access, 1.110 

CHILDREN AND FAMILIES FIRST COMMIS- 
SION 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-160 

CHILDREN, YOUTH AND THEIR FAMILIES, 
DEPARTMENT OF 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-163 

CITIZEN COMPLAINTS, OFFICE OF 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-165 

CITIZEN'S COMMITTEE ON COMMUNITY DE- 
VELOPMENT 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-168 

CITIZEN'S GENERAL OBLIGATION BOND 
OVERSIGHT COMMITTEE 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-169 



CITY ADMINISTRATOR 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-170 

CITY ATTORNEY 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-175 

CIVIL GRAND JURY 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-180 

CIVIL SERVICE COMMISSION 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-185 

COLLEGES 

Community College District 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-190 

COMMISSIONS (See DEPARTMENTS AND 
OTHER AGENCIES OF CITY) 

COMMUNICATIONS 

Department of Telecommunications and Infor- 
mation Services 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-430 
Emergency Communications Department 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-218 

COMMUNITY COLLEGE DISTRICT 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-190 

COMMUNITY DEVELOPMENT 

Citizen's Committee on Community Develop- 
ment 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-168 

CONDUCT OF GOVERNMENT OFFICIALS 
AND EMPLOYEES 

Conflict of interest and other prohibited activi- 
ties 
Aiding and abetting, 3.236 
Amendment or repeal of this Chapter, 3.204 
Appointments and nominations, 3.208 



Supp. No. 12, November/December 2007 



San Francisco - Campaign and Governmental Conduct Code 



422 



CONDUCT OF GOVERNMENT OFFICIALS 
AND EMPLOYEES (Cont'd.) 
Construction, 3.202 

Decisions involving family members, 3.212 

Definitions, 3.212(c) 

Delegation, 3.212(b) 

Prohibition, 3.212(a) 

Disclosure of personal, professional and busi- 
ness relationships, 3.214 

Disclosure, 3.214(a) 

Penalties, 3.214(b) 

Regulations, 3.214(c) 

Disclosure or use of confidential City infor- 
mation, 3.228 

Filing of false charges, 3.238 

Financial conflicts of interest, 3.206 

Future employment, 3.206(c) 

Incorporation of California Government 
Code Section 1090, et seq., 3.206(b) 

Incorporation of the California Political 
Reform Act, 3.206(a) 
Findings and purpose, 3.200 
Gifts, 3.216 
General gift restrictions, 3.216(b) 
Gifts from subordinates, 3.216(c) 
Gifts of travel, 3.216(d) 
Definition, 3.216(d)(5) 
Format, 3.216(d)(4) 
Gifts to elected officers, 3.216(d)(1) 
Gifts to the City, 3.216(d)(2) 

Reimbursement of gifts of travel, 
3.216(d)(3) 
Prohibition on bribery, 3.216(a) 
Restrictions, 3.216(e) 
Incompatible activities, 3.218 
Existing Civil Service Rules, 3.218(f) 
Meet and confer, 3.218(d) 
Notice, 3.218(e) 
Prohibition, 3.218(a) 
Required language, 3.218(c) 

Statement of incompatible activities, 
3.218(b) 



CONDUCT OF GOVERNMENT OFFICIALS 
AND EMPLOYEES (Cont'd.) 
Penalties and enforcement, 3.242 

Administrative penalties, 3.242(d) 

Civil penalties, 3.242(b) 

Criminal penalties, 3.242(a) 

Injunctive relief, 3.242(c) 

Statute of limitations, 3.242(e) 

Post-employment restrictions, 3.234 

All officers and employees, 3.234(a) 

Mayor and members of the Board of Super- 
visors, 3.234(b) 

Prohibiting members of Boards and Commis- 
sions from contracting with the City and 
County, 3.222 

Definitions, 3.222(a) 

Exceptions, 3.222(c) 

Prohibition, 3.222(b) 

Limitation, 3.222(d) 
Prohibition on dual office holding, 3.220 
Prohibition on political activity, 3.230 

Political activities in uniform, 3.230(b) 

Political activities on City time or pre- 
mises, 3.230(c) 

Solicitation of contributions, 3.230(a) 

Prohibition on representing private parties 
before other City officers and employees — 
Compensated advocacy, 3.224 

Exceptions, 3.224(b) 

Prohibition, 3.224(a) 

Waiver, 3.224(c) 

Prohibition on use of public funds for printed 
greeting cards, 3.232 

Definitions, 3.232(a) 

Prohibition, 3.232(b) 

Provision of false or misleading information; 
withholding of information; and duty to 
cooperate and assist, 3.240 

Duty to cooperate and assist, 3.240(b) 

Prohibition, 3.240(a) 
Referrals, 3.226 
Severability, 3.244 





Supp. No. 12, November/December 2007 



423 



INDEX 




CONDUCT OF GOVERNMENT OFFICIALS 
AND EMPLOYEES (Cont'd.) 
Voting on own character or conduct, 3.210 

Exceptions, 3.210(b) 

Prohibition, 3.210(a) 

Conflict of Interest Code — Financial disclosure 

Adoption of State Code, 3.1-101 

Aging and Adult Services, Department of, 

3.1-110 
Airport Commission, 3.1-120 
Appeals, Board of, 3.1-130 
Appointment and resignation, notice of, 3.1- 

105 

Art Commission, 3.1-140 

Asian Art Museum, 3.1-135 

Assessor-Recorder, 3.1-145 

Board of Supervisors, 3.1-150 

Building Inspection, Department of, 3.1-155 

Children and Families First Commission, 
3.1-160 

Children, Youth and Their Families, Depart- 
ment of, 3.1-163 

Citizen Complaints, Office of, 3.1-165 

Citizen's General Obligation Bond Oversight 
Committee, 3.1-169 

City Attorney, 3.1-175 

Civil Grand Jury, 3.1-180 

Civil Service Commission, 3.1-185 

Community College District, 3.1-190 

Community development, Mayor's Office of, 
3.1-193 

Consultants, 3.1-108 

Controller, 3.1-195 

Court positions, 3.1-460 

Definitions, 3.1-100 

Disclosure categories, 3.1-106 

Disclosure category 1, 3.1-107 

District Attorney, 3.1-205 

Economic and Workforce Development, De- 
partment of, 3.1-207 

Economic Opportunity Council, 3.1-210 

Elections, Department of, 3.1-215 



CONDUCT OF GOVERNMENT OFFICIALS 
AND EMPLOYEES (Cont'd.) 
Emergency Management, Department of, 3.1- 
218 

Environment, Department of the, 3.1-225 

Ethics Commission, 3.1-230 

Examiners, Plumbing, Electrical and High- 
Rise Sprinklers, Board of, 3.1-235 

Failure to file, 3.1-102.5 

File, failure, 3.1-102.5 

Filing Officer reports, 3.1-104 

Filing Officers, 3.1-103 

Filing requirements, 3.1-102 

Film and Video Arts Commission, 3.1-240 

Finance Corporation, 3.1-242 

Fine Arts Museums, 3.1-245 

Fire Department, 3.1-250 

General Services Agency 
City Administrator, 3.1-251 
PubHc Works, Department of, 3.1-252 

Telecommunications and Information Ser- 
vices, Department of, 3.1-253 
Golden Gate Park Concourse Authority, 3.1- 

255 
Health Authority, 3.1-260 
Health Service System, 3.1-267 
Housing Authority, 3.1-270 
Human Resources Department, 3.1-275 
Human Rights Commission, 3.1-280 
Human Services Commission, 3.1-285 
Juvenile Probation Commission, 3.1-295 
Landmarks Preservation Advisory Board, 3.1- 

300 
Law Library, 3.1-305 
Library, Pubhc, 3.1-310 
Local Agency Formation Commission, 3.1- 

312 

Mayor's Office, 3.1-315 

Municipal Transportation Agency, 3.1-320 

Notice of appointment and resignation, 3.1- 
105 

Parking Authority, 3.1-325 

Planning Department, 3.1-335 



Supp. No. 12, November/December 2007 



San Francisco - Campaign and Governmental Conduct Code 



424 



CONDUCT OF GOVERNMENT OFFICIALS 
AND EMPLOYEES (Cont'd.) 
Police Department, 3.1-340 

Port Commission, 3.1-345 

Positions designated by State — Filing Offi- 
cial, 3.1-500 

Private Industry Council of San Francisco, 
Inc, 3.1-350 

Public Defender, 3.1-360 

Public Health, Department of, 3.1-362 

Public Utilities Commission, 3.1-365 

Recreation and Park Department, 3.1-390 

Redevelopment Agency, 3.1-395 

Residential Rent Stabilization and Arbitra- 
tion Board, 3.1-405 
Resignation, notice of, 3.1-105 
Retirement System, 3.1-410 

San Francisco Community Health Joint Pow- 
ers Authority, 3.1-417 

San Francisco Unified School District, 3.1- 

420 
Sheriff, 3.1-415 

Small Business Commission, 3.1-422 
Sunshine Ordinance Task Force, 3.1-424 
Taxi Commission, 3.1-425 

Transportation Authority, San Francisco 

County, 3.1-435 
Treasure Island Development Authority, 3.1- 

440 

Treasurer-Tax Collector, 3.1-445 

War Memorial and Performing Arts Center, 
3.1-450 

Women, Commission on the Status of, 3.1- 

455 

Workforce Investment Board, 3.1-457 
Ethics Commission, 3.300 

(See also that subject) 
Permit application processing, 3.400 

Application priority, 3.400(b) 

Effective date, 3.400(d) 

Equal treatment of permit applicants, 3.400(a) 

Permit processing; Code of Conduct, 3.400(c) 



CONFLICT OF INTEREST (See CONDUCT OF 
GOVERNMENT OFFICL\LS AND EMPLOY- 
EES) 

CONSULTANTS, CAMPAIGN 

Regulation of, 1.500 et seq. 
(See CAMPAIGN CONSULTANTS) 

CONTRIBUTIONS 

Campaign finance, 1.100 et seq. 

(See CAMPAIGN FINANCE) 

Conflict of interest and other prohibited activi- 
ties 

Prohibition on political activity 

Solicitation of contributions, 3.230(a) 

CONTROLLER 

Campaign finance 
Disbursement of public funds 
Candidates for the Board of Supervisors 
Payment by Controller, 1.144(a) 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-195 

COURT POSITIONS 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-460 

— D — 

DEADLINES 

Extension of deadlines that fall on weekends 
and holidays, 1.172 

DEPARTMENTS AND OTHER AGENCIES OF 
CITY 

Board of Supervisors (See that subject) 

Conduct of government officials and employ- 
ees, 3.1-100 et seq. 

(See CONDUCT OF GOVERNMENT OFFI- 
CIALS AND EMPLOYEES) 

Conflict of Interest Code — Financial disclosure 
Listing of departments, commissions, offi- 
cers, etc., 3.1-110 et seq. 

(See CONDUCT OF GOVERNMENT OF- 
FICIALS AND EMPLOYEES) 

Ethics Commission (See that subject) 






Supp. No. 12, November/December 2007 



425 



INDEX 



DEPARTMENTS AND OTHER AGENCIES OF 
CITY (Cont'd.) 
Whistleblowers protection 

Complaints of improper government activ- 
ity; investigation procedures; referral to 
other agencies, 4.105 
Cooperation of other City departments, 4.125 

DISCLOSURE 

Campaign disclosure (See that subject) 
Conflict of interest and other prohibited activi- 
ties 

Disclosure of personal, professional and busi- 
ness relationships, 3.214 

Disclosure, 3.214(a) 
Penalties, 3.214(b) 
Regulations, 3.214(c) 
Disclosure or use of confidential City infor- 
mation, 3.228 

DISTRICT ATTORNEY 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-205 

DUAI. OFFICE 

Conflict of interest and other prohibited activi- 
ties 
Prohibition on dual office holding, 3.220 

— E — 

ECONOMIC AND WORKFORCE DEVELOP- 
MENT, DEPARTMENT OF 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-207 

ECONOMIC OPPORTUNITY COUNCIL 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-210 

ELECTION CAMPAIGNS 
Campaign consultants, regulation of, 1.500 
et seq. 
(See CAMPAIGN CONSULTANTS) 
Campaign finance, 1.100 et seq. 
(See CAMPAIGN FINANCE) 



ELECTIONS, DEPARTMENT OF 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-215 

ELECTRONIC COPIES OF Ci^SMPAIGN STATE- 
MENTS 
Electronic campaign disclosure (See also that 
subject) 

Filing electronic copies of campaign state- 
ments 
Authority of Ethics Commission to require 
additional filings, 1.112(c) 

ELECTRONIC FILING OF STATEMENTS AND 
REPORTS 
Campaign consultants, 1.540 
Lobbyists, regulation of 

Electronic filing of statements and reports, 
2.160 

EMERGENCY MANAGEMENT, DEPARTMENT 
OF 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-218 

EMPLOYEES, CITY (See OFFICERS AND EM- 
PLOYEES) 

ENVIRONMENT, DEPARTMENT OF THE 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-225 

ETHICS COMMISSION, 3.300 

Campaign consultants 

Electronic filing of statements and reports 

Powers and duties, 1.540(b) 

Powers and duties, 1.520 

Campaign finance 

Duties of Ethics Commission, 1.164 

Election Campaign Fund; appropriation of 
funds 

Appropriation to election campaign fund, 
1.138(b) 

Process for establishing eligibility; certifica- 
tion by the Ethics Commission, 1.142 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-230 



Supp. No. 12, November/December 2007 



San Francisco - Campaign and Governmental Conduct Code 



426 



ETHICS COMMISSION, 3.300 (Cont'd.) 
Electronic campaign disclosure 
Authority of Ethics Commission to require 
additional filings, 1.112(c) 
Lobbyists, regulation of 
Powers and duties of the Ethics Commission, 
2.140 
Whistleblowers protection 
Complaints of improper government activ- 
ity; investigation procedures; referral to 
other agencies, 4.105 
Ethics Commission complaint procedures, 
4.105(b) 
Electronic campaign disclosure 
Authority of Ethics Commission to require 
additional filings, 1.112(c) 

EXAMINERS, PLUMBING, ELECTRICAL AND 
HIGH-RISE SPRINKLERS, BOARD OF 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-235 

EXPENDITURES (See CAMPAIGN FINANCE) 

EXTENSIONS 
Deadlines that fall on weekends and holidays, 
extension of, 1.172 



FILM AND VIDEO ARTS COMMISSION 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-240 

FINANCE CORPORATION 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-242 

FINANCE, CAMPAIGN (See CAMPAIGN FI- 
NANCE) 

FINANCIAL DISCLOSURE 
Conflict of Interest Code — Financial disclo- 
sure, 3.100 et seq. 
(See CONDUCT OF GOVERNMENT OFFI- 
CIALS AND EMPLOYEES) 

FINE ARTS MUSEUMS 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-245 



FIRE DEPARTMENT 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-250 

FUNDS 
Campaign finance 
Disbursement of public funds 

Candidates for the Board of Supervisors, 
1.144 

Election Campaign Fund; appropriation of 
funds, 1.138 

Restrictions on use of public funds; unex- 
pended public funds, 1.148 
Solicitation or acceptance of campaign con- 
tributions — limitations 
Surplus funds, 1.122(c) 
Use of campaign funds, 1.122(b) 
Conduct of government officials and employees 
Conflict of interest and other prohibited ac- 
tivities 
Prohibition on use of public fiinds for printed 
greeting cards, 3.232 

— G — 

GIFTS 

Conflict of interest and other prohibited activi- 
ties, 3.216 

GOLDEN GATE PARK CONCOURSE AUTHOR- 
ITY 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-255 




Supp. No. 12, November/December 2007 



427 



Index 
Conflict of Interest Code: Financial Disclosure 



• 



— H — 

HEALTH 

Health Authority 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-260 

Health Service System 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-267 

Public Health, Department of 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-362 

San Francisco Community Health Joint Pow- 
ers Authority 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-417 

HEALTH SERVICE SYSTEM 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-267 

HOLIDAYS 

Extension of deadlines that fall on weekends 
and hohdays, 1.172 

HOUSING AUTHORITY 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-270 

HUMAN RESOURCES DEPARTMENT 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-275 

HUMAN RIGHTS COMMISSION 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-280 

HUMAN SERVICES COMMISSION 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-285 



JUVENILE PROBATION COMMISSION 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-295 



LANDMARKS PRESERVATION ADVISORY 
BOARD 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-300 

LIBRARIES 
Law Library 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-305 
Public Library 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-310 

LOBBYING 

Regulation of lobbyists 
Administrative and civil enforcement and 

penalties, 2.145 
Definitions, 2.105 

Electronic filing of statements and reports, 
2.160 

Electronic filing required, 2.160(a) 
Powers and duties of the Ethics Commis- 
sion, 2.160(b) 
Employment of City and County officers or 
employees; appointment of employee to 
City and County office, 2.120 
Appointment of employee to City office, 
2.120(b) 

Employment of City and County officers or 
employees, 2.120(a) 

Report of salary, 2.120(c) 
Employment of unregistered persons, 2.130 
Filing under penalty of perjury; retention of 

documents, 2.135 
Findings, 2.100 
Limitation of actions, 2.150 
Lobbying by campaign consultants, 2.117 

Definitions, 2.117(c) 

Exceptions, 2.117(b) 

Prohibition, 2.117(a) 

Notification of beneficiaries of gifts, 2.125 

Powers and duties of the Ethics Commission, 
2.140 



Supp. No. 7, April 2007 



San Francisco - Campaign and Governmental Conduct Code 



428 



LOBBYING (Cont'd.) 
Prohibitions, 2.115 
Evasion of obligations, 2.115(d) 
Fictitious persons, 2.115(c) 
Future employment, 2.115(b) 
Gift limit, 2.115(a) 
Registration of lobbyists required; registra- 
tion, reregistration, quarterly reports; fees; 
client authorization; termination, 2.110 

Client authorization statements, 2.110(f) 

Client termination statements, 2.110(g) 

Fees, 2.110(e) 

Lobbyist termination statements, 2.110(h) 

Quarterly reports of lobbjdst activity, 
2.110(d) 

Registration of lobbyists required, 2.110(a) 

Registration reports, 2.110(b) 

Reregistration reports, 2.110(c) 

Se^verability, 2.155 

LOCAL AGENCY FORMATION COMMISSION 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-312 

— M — 

MASS MAILINGS 
Disclosure and filing requirements for, 1.161 

MAYOR 

Campaign finance 
Report to the Mayor and Board of Supervi- 
sors, 1.156 
Community development, mayor's office of 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-193 

Conflict of interest and other prohibited activi- 
ties 

Post-employment restrictions 

Mayor and members of the Board of Super- 
visors, 3.234(b) 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-315 



MUNICIPAL TRANSPORTATION AGENCY 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-320 

MUSEUMS 
Asian Art Museum 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-135 
Fine Arts Museums 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-245 

— N — 

NOMINATIONS 

Conflict of interest and other prohibited activi- 
ties 

Appointments and nominations, 3.208 

— O — 

OFFICERS AND EMPLOYEES 

Conduct of government officials and employ- 
ees, 3.1-100 et seq. 
(See CONDUCT OF GOVERNMENT OFFI- 
CIALS AND EMPLOYEES) 
Conflict of Interest, 3.1-100 et seq. 

(See CONDUCT OF GOVERNMENT OFFI- 
CIALS AND EMPLOYEES) 

Controller (See that subject) 

Lobbyists, regulation of 

Employment of City and County officers or 
employees; appointment of employee to 
City and County office, 2.120 

Appointment of employee to City office, 
2.120(b) 

Employment of City and County officers or 
employees, 2.120(a) 

Report of salary, 2.120(c) 

Mayor (See that subject) 



PARKING AUTHORITY 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-325 



• 



Supp. No. 7, April 2007 



429 



Index 
Conflict of Interest Code: Financial Disclosure 



PARKS AND RECREATION 

Golden Gate Park Concourse Authority 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-255 
Recreation and Park Department 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-390 

PERMITS 
Permit application processing, 3.400 
Application priority, 3.400(b) 
Effective date, 3.400(d) 

Equal treatment of permit applicants, 3.400(a) 
Permit processing Code of Conduct, 3.400(c) 

PLANNING DEPARTMENT 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-335 

POLICE DEPARTMENT 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-340 

POLITICAL ACTIVITY 

Conflict of interest and other prohibited activi- 
ties 
Prohibition on political activity, 3.230 

PORT COMMISSION 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-345 

PRIVATE INDUSTRY COUNCIL OF SAN FRAN- 
CISCO, INC. 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-350 

PUBLIC DEFENDER 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-360 

PUBLIC HEALTH, DEPARTMENT OF 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-362 

PUBLIC UTILITIES COMMISSION 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-365 



PUBLIC WORKS, DEPARTMENT OF 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-252 

— R — 

RECREATION (See PARKS AIsTD RECREATION) 

REDEVELOPMENT AGENCY 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-395 

RESIDENTIAL RENT STABILIZATION AND 
ARBITRATION BOARD 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-405 

RESIGNATIONS 

Notice of resignation 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-105 

RETIREMENT SYSTEM 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-410 



SAN FRANCISCO COMMUNITY HEALTH 
JOINT POWERS AUTHORITY 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-417 

SAN FRANCISCO UNIFIED SCHOOL DIS- 
TRICT 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-420 

SCHOOLS 

San Francisco Unified School District 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-420 

SHERIFF 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-415 

SMALL BUSINESS COMMISSION 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-422 



Supp. No. 7, April 2007 



San Francisco - Campaign and Governmental Conduct Code 



430 



SUNSHINE ORDINANCE TASK FORCE 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-424 



TAX COLLECTOR (See TREASURER-TAX COL- 
LECTOR) 

TAXI COMMISSION 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-425 

TELECOMMUNICATIONS AND INFORMA- 
TION SERVICES, DEPARTMENT OF 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-253 

TRANSPORTATION 

Municipal Transportation Agency 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-320 
Transportation Authority, San Francisco County 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-435 

TREASURE ISLAND DEVELOPMENT AU- 
THORITY 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-440 

TREASURER-TAX COLLECTOR 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-445 

TREASURERS 

Campaign finance 
Training for Treasurers, 1.107 

— U — 

UTILITIES 
Public Utilities Commission 
Conflict of Interest Code — Financial disclo- 
sure, 3.1-365 



— W — 

WAR MEMORIAL AND PERFORMING ARTS 
CENTER 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-450 

WEEKENDS 

Extension of deadlines that fall on weekends 
and holidays, 1.172 

WHISTLEBLOWERS PROTECTION 
Complaints of improper government activity; 
investigation procedures; referral to other 
agencies, 4.105 
Complaints, 4.105(a) 
Ethics Commission complaint procedures, 

4.105(b) 
Referral, 4.105(c) 
Confidentiahty, 4.120 
Complaints and investigations, 4.120(b) 
Exceptions, 4.120(c) 
Whistleblower identity, 4.120(a) 
Cooperation of other City departments, 4.125 
Definitions, 4.110 
Findings, 4.100 
Limitation of liability, 4.135 
Protection of whistleblowers, 4.115 
Complaints of retaliation for having filed a 
complaint alleging, 4.115(b) 

Notice of whistleblower protections, 4.115(e) 
Penalties, 4.115(c) 
Reservation of authority, 4.115(d) 
Retaliation prohibited, 4.115(a) 
Reports to the Board of Supervisors, 4.130 

WOMEN, COMMISSION ON THE STATUS OF 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-455 

WORKFORCE INVESTMENT BOARD 

Conflict of Interest Code — Financial disclo- 
sure, 3.1-457 



VIDEO Al^TS (See FILM AND VIDEO ARTS 
COMMISSION) 



Supp. No. 7, April 2007 



CITY AND COUNTY OF 

SAN FRANCISCO 

MUNICIPAL CODE 



BUSINESS AND TAX 
REGULATIONS CODE 




t 



MUNICIPAL CODE CORPORATION 



Tallahassee, Florida 



2006 



CITY AND COUNTY OF SAN FRANCISCO 
MUNICIPAL CODE 



Charter 

Administrative Code 

Building and Related Technical Codes 

Business and Tax Regulations Code 

Campaign and Governmental Conduct Code 

Environment Code 

Fire Code 

Health Code 

Municipal Elections Code 

Park Code 

Planning Code 

Police Code 

Port Code 

Public Works Code 

Subdivision Code 

Traffic Code 

Zoning Maps 



Supp. No. 1, September 2006 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 1, September 2006 



PREFACE TO THE 
BUSINESS AND TAX REGULATIONS CODE 

The San Francisco Municipal Code contains ordinances enacted through 
Ordinance 75-08, File Number 071531, Approved May 9, 2008. A 
legislative history, containing ordinance number and approval date, is 
located at the conclusion of most sections. The legislative history of 
ordinances approved after March 1999 also contain Board of Supervi- 
sors file numbers. 



Supp. No. 16, April 2008 



Supp. No. 16, April 2008 



BUSINESS AND TAX REGULATIONS CODE 



Article 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

lOA. 

11. 

12. 

12-A. 

12-B. 

12B-1. 

12-C. 

12-D. 

13. 

14. 
15. 
16. 
17. 
18. 
19. 
20. 
22. 



Page 

PERMIT PROCEDURES 3 

LICENSE FEES 31 

TRANSIENT MERCHANTS 75 

[RESERVED] 91 

ELECTRICAL MUSICAL DEVICES 113 

COMMON ADMINISTRATIVE PROVISIONS 133 

TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS 209 

[RESERVED] 229 

TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS. 241 

UTILITY USERS TAX 255 

EMERGENCY RESPONSE FEE 273 

STADIUM OPERATOR ADMISSION TAX 301 

BUSINESS REGISTRATION 319 

PAYROLL EXPENSE TAX ORDINANCE 341 

BUSINESS TAX REFUND 377 

NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP 

FUND TAX OPTION 395 

REAL PROPERTY TRANSFER TAX 407 

UNIFORM LOCAL SALES AND USE TAX 445 

CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL .\LARM 

PANEL 457 

TRANSPORTATION AUTHORITY 471 

BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE 487 

TRANSACTIONS AND USE TAX 505 

BUSINESS TAX PENALTY AMNESTY PROGRAM 525 

[RESERVED] 537 

VEHICLE RENTER TAX 561 

FINANCIAL INFORMATION PRIVACY ORDINANCE 575 

PARKING STATIONS; REVENUE CONTROL EQUIPMENT 585 

INDEX 595 



Supp. No. 2, October 2006 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 2, October 2006 



ARTICLE 1: PERMIT PROCEDURES 



Sec. 1. 



Sec. 


1.1. 


Sec. 


1.2. 


Sec. 


1.3. 


Sec. 


1.4. 


Sec. 


1.5. 


Sec. 


1.6. 


Sec. 


1.7. 


Sec. 


1.8. 


Sec. 


1.9. 


Sec. 


1.10. 


Sec. 


1.11. 


Sec. 


1.11.1, 


Sec. 


1.12. 


Sec. 


1.13. 


Sec. 


1.13.1 


Sec. 


1.13.2 


Sec. 


1.14. 


Sec. 


1.15. 


Sec. 


1.16. 


Sec. 


1.17. 


Sec. 


1.18. 


Sec. 


1.19. 


Sec. 


1.20. 



Sec. 1.20.1. 

Sec. 1.21. 

Sec. 1.22. 

Sec. 1.23. 

Sec. 1.24. 

Sec. 1.25. 

Sec. 1.26. 



Designating Departments for 

Issuance of Permits. 

Amusement Parks. 

Masquerade Balls. 

Circuses or Wild West Shows. 

Balloon Advertising. 

Street Cars for Displaying 

Advertising Signs. 

Discharge of Firearms. 

Secondhand Dealer. 

Shooting Galleries. 

Miniature and Practice Golf 

Courses. 

Vehicles for Hire. 

Stands for Vehicles for Hire. 

Employer's Bus Stands. 

Loading Zones. 

Passenger Zones. 

Limited Parking Zones. 

No-Parking Zones. 

Warning Signs. 

Public Display of Fireworks. 

Open Outdoor Fires. 

Service Stations. 

Automobile Parking Stations. 

Acetylene Generator. 

Public Repair Garages, Public 

Storage Garages, Commercial 

and Truck Garages, and 

Automobile Sales Garages. 

Automobile Repair Shops. 

Removing Paint from Buildings 

by Burning. 

Oil Burning Apparatus. 

Storage of Calcium Carbide. 

Dog Hospitals or Kennels or 

Hospitals for Sick Animals. 

Laundries. 

Stables. 



Sec. 


1.27. 


Sec. 


1.28. 


Sec. 


1.29. 


Sec. 


1.30. 


Sec. 


1.31. 


Sec. 


1.32. 


Sec. 


1.33. 


Sec. 


1.34. 


Sec. 


1.35. 


Sec. 


1.36. 


Sec. 


1.37. 


Sec. 


1.38. 


Sec. 


1.39. 


Sec. 


1.40. 


Sec. 


1.41. 


Sec. 


1.42. 


Sec. 


1.43. 


Sec. 


1.44. 


Sec. 


1.45. 


Sec. 


1.46. 


Sec. 


1.47. 


Sec. 


1.48. 


Sec. 


1.49. 


Sec. 


1.50. 


Sec. 


1.51. 



Sec. 1.52. 
Sec. 1.53. 



Medical Colleges. 

Use of City and County 

Property for Decoration 

Purposes. 

Billboards. 

Rock Crushing Machines. 

Temporary Buildings. 

Blasting Operations. 

Boilers, Engines, and Cupola 

Furnaces. 

Gas Works. 

Emplojnnent Offices. 

Peddling. 

Pawnbroker Establishments. 

Combustible Fibres. 

Explosives. 

Importing and/or Exporting 

Fireworks. 

Transporting of Fireworks. 

Wholesaling of Fireworks. 

Application of Flammable 

Finishes. 

Flammable Liquids. 

Flammable Fumigants and 

Fogs. 

Hazardous Chemicals. 

Waste Material Handling 

Plants. 

Liquefied Petroleum Gases. 

Storage of Lumber and Readily 

Combustible Materials. 

Magnesium and Titanium 

Processing. 

Motion Picture Theaters, 

Theaters, Public Assembly 

Units, and Open-Air Assembly 

Units. 

Nitrocellulose Motion Picture 

Film. 

Nitrocellulose Plastics. 



Supp. No. 2, October 2006 



San Francisco - Business and Tax Regulations Code 



Sec. 1.54. Industrial Baking and Drying 

Ovens. 
Sec. 1.55. Standing Room, Candy 

Counters, and Vending Machine 

Spaces. 
Sec. 1.56. Compressed Gases. 

Sec. 1.57. Tents. 

Sec. 1.58. Tire Rebuilding Plants. 

Sec. 1.59. Welding and Cutting 

Operations. 
Sec. 1.60. Flammable Liquid Tank 

Vehicles. 
Sec. 1.61. Establishment, Maintenance 

and Operation of Food Products 

and Marketing Establishments. 
Sec. 1.62. Maintenance and Operation of 

Meat and Meat Food Product 

Vehicles. 
Sec. 1.64. Establishment, Maintenance 

and Operation of Food 

Preparation and Service 

Establishments. 
Sec. 1.65. Establishment, Maintenance 

and Operation of Salvage Goods 

and Merchandise Dealers. 
Sec. 1.66. Establishment, Maintenance 

and Operation of Cigar and 

Mattress Factories. 
Sec. 1.67. Establishment, Maintenance 

and Operation of Pet Shops. 
Sec. 1.68. Maintenance and Operation of 

Garbage Vehicles. 
Sec. 1.69. Establishment, Maintenance 

and Operation of Swimming 

Pools. 
Sec. 1.70. Maintenance and Operation of 

Private Ambulances. 
Sec. 1,71. Use of Hydrocyanic Gas, etc. 

Sec. 1.72. Business of Retail Firearms 

Dealer, Operation and 

Maintenance of. 
Sec. 1.73. Food Vending Machines. 

Sec. 1.74. Mobile Catering Vehicles. 

Sec. 1.75. Wells and Well Water. 



Sec. 1.76. 

Sec. 1.77. 

Sec. 2. 

Sec. 3. 

Sec. 5. 

Sec. 6. 

Sec. 7. 



Sec. 


8. 


Sec. 


8(a). 


Sec. 


9. 


Sec. 


10. 


Sec. 


11. 


Sec. 


11(a) 


Sec. 


12. 


Sec. 


13. 


Sec. 


14. 


Sec. 


15. 


Sec. 


16. 


Sec. 


17. 



Sec. 22. 



Sec. 23. 
Sec. 24. 

Sec. 25. 



Testers of Backflow Prevention 

or Cross-Connection Control 

Devices. 

Medical Cannabis Dispensaries. 

Approval of City Planning 

Commission. 

Certain Permits to be Delivered 

to Tax Collector. 

Notice of Issuance of Permits. 

Notice to be Attached to Copy 

Posted — Cost of Posting.* 

Interference with Posting or 

Tampering with Notice 

Prohibited — Penalty. 

Method of Appeal to the Board 

of Appeals. 

Effective Date for Collection of 

Filing Fee. 

Information to be Furnished to 

Board of Appeals. 

Record Forwarded to Board of 

Appeals. 

Court Reporter — Fees; 

Videotape of Proceedings as 

Administrative Record. 

City attorney — Representation 

of Planning and Building 

Department staff. 

Mailing Notice of Hearing. 

Filing Request for Notice of 

Hearing. 

Hearing and Decision. 

Seal. 

Rehearings. 

Permitting Substitutes for 

Metal Badges. 

Providing for Posting and Form 

of Notice of Hearing, 

Applications for Certain 

Permits. 

Action on Other Applications. 

Inspection by Department — 

Revocation of Permits. 

Advisory Board. 



Supp. No. 2, October 2006 



4.1 Permit Procedures 



Sec. 26. Facts to be Considered by 

Departments. 
Sec. 27. Fees. 



Supp. No. 2, October 2006 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 2, October 2006 



Permit Procedures 



Sec. 1.10. 



Publication, Certain 

Applications. 

Posting Notice of Issuance of 

Permits. 

Appeals to Board of Appeals. 

Applications Barred for One 

Year. 

Fee for Inspection by the Health 

Department. 

Fees, Penalty for Nonpayment. 

Inspections, How Made. 

Display of Certificate. 

Duties of Police Officers. 

Penalty. 



Sec. 28. 

Sec. 29. 

Sec. 30. 
Sec. 31. 

Sec. 35. 

Sec. 36. 
Sec. 37. 
Sec. 38. 
Sec. 39. 
Sec. 40. 
'^Editor's Note: 

Sections 6.1-1 through 6.23-1 are located in Article 
6 of this Code. 

SEC. 1. DESIGNATING DEPARTMENTS 
FOR ISSUANCE OF PERMITS. 

Permits shall be issued for the location and 
conduct of the businesses, enterprises or activi- 
ties, enumerated hereinafter in Sections 1.1 to 
1.76, inclusive, by the department or office au- 
thorized by Sections 1.1 to 1.76, inclusive, and 
Section 2 of this Article to issue each such class 
of permit, and subject to the approval of other 
departments and offices of the City and County, 
where specifically designated in any such case; 
provided that permit or license fees as required 
by ordinance shall be collected by the Tax Col- 
lector as provided in Section 3 of this Article. 
(Amended by Ord. 242-69, App. 7/29/69; Ord. 
443-86, App. 11/13/86; Ord. 367-88, App. 8/5/88) 

SEC. 1.1. AMUSEMENT PARKS. 

For the establishment, maintenance and op- 
eration of amusement parks — by the Entertain- 
ment Commission. (Added by Ord. 274-64, App. 
10/16/64; amended by Ord. 193-05, File No. 
051027, App. 7/29/2005) 

SEC. 1.2. MASQUERADE BALLS. 

For the holding of masquerade balls — by the 
Entertainment Commission. (Added by Ord. 274- 
64, App. 10/16/64; amended by Ord. 193-05, File 
No. 051027, App. 7/29/2005) 



SEC. 1.3. CIRCUSES OR WILD WEST 
SHOWS. 

For the holding of circuses or wild west 
shows — by the Entertainment Commission. 
(Added by Ord. 274-64, App. 10/16/64; amended 
by Ord. 193-05, File No. 051027, App. 7/29/2005) 

SEC. 1.4. BALLOON ADVERTISING. 

For balloon advertising — by the Police De- 
partment. (Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.5. STREETCARS FOR 
DISPLAYING ADVERTISING SIGNS. 

For use of streetcars for displaying advertis- 
ing signs — by the Police Department. (Added by 
Ord. 274-64, App. 10/16/64) 

SEC. 1.6. DISCHARGE OF FIREARMS. 

For the discharge of firearms — by the Police 
Department. (Added by Ord. 274-64, App. 10/16/ 
64) 

SEC. 1.7. SECONDHAND DEALER. 

For the establishment, maintenance and op- 
eration of the business of secondhand dealer — by 
the Pohce Department. (Added by Ord. 274-64, 
App. 10/16/64) 

SEC. 1.8. SHOOTING GAI.LERIES. 

For the establishment, maintenance and op- 
eration of shooting galleries — by the Police De- 
partment. (Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.9. MINIATURE AND PRACTICE 
GOLF COURSES. 

For the establishment, maintenance and op- 
eration of miniature and practice golf courses — by 
the Police Department; provided, that if the 
establishment of any such business requires the 
remodeling of any structure, this shall also re- 
quire a building permit as required by ordinance. 
(Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.10. VEHICLES FOR HIRE. 

For the operation of vehicles for hire — by the 
Pohce Department. (Added by Ord. 274-64, App. 
10/16/64) 



Sec. 1.11. 



San Francisco - Business and Tax Regulations Code 



SEC. 1.11. STANDS FOR Vi:HICLES FOR 
HIRE. 

For the establishment and maintenance of 
authorized stands for Hmousines and sightsee- 
ing buses pursuant to the provisions of Section 
1118, Chapter VIII, Part II, of this Code— by the 
Department of Pubhc Works. (Amended by Ord. 
348-77, App. 7/22/77) 

SEC. 1.11.1. EMPLOYER'S BUS STANDS. 

For the estabhshment and maintenance of 
employer's bus stands pursuant to the provisions 
of Sections 1112, 1113 and 1114, Chapter VIII, 
Part II, of this Code — by the Department of 
Public Works. (Added by Ord. 379-79, App. 7/13/ 
79) 

SEC. 1.12. LOADING ZONES. 

For the establishment and maintenance of 
loading zones — by the Department of Public 
Works. 

SEC. 1.13. PASSENGER ZONES. 

For the painting and renewal painting of 
passenger zones — by the Department of Public 
Works. (Amended by Ord. 394-81, App. 7/3/81) 

SEC. 1.13.1. LIMITED PARKING ZONES. 

For the painting and renewal painting of 
limited parking zones — by the Department of 
Public Works. (Amended by Ord. 394-81, App. 
7/3/81) 

SEC. 1.13.2. NO-PARKING ZONES. 

For the painting and renewal painting of 
driveway no-parking zones — by the Department 
of Public Works. (Amended by Ord. 394-81, App. 
7/3/81) 

SEC. 1.14. WARNING SIGNS. 

For the establishment of warning signs — by 
the Department of Public Works. (Added by Ord. 
274-64, App. 10/16/64) 

SEC. 1.15. PUBLIC DISPLAY OF 
FIREWORKS. 

For the conducting of a public display of 
fireworks — by the Fire Department; subject to 



approval of the Police Department insofar as 
matters of traffic control are involved. (Added by 
Ord. 274-64, App. 10/16/64) 

SEC. 1.16. OPEN OUTDOOR FIRES. 

For maintaining or igniting open outdoor 
fires — by the Fire Department. (Added by Ord. 
274-64, App. 10/16/64) 

SEC. 1.17. SERVICE STATIONS. 

For the establishment, maintenance and op- 
eration of service stations — by the Fire Depart- 
ment; subject to the approval of the Department 
of Public Works insofar as traffic control is in- 
volved. (Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.18. AUTOMOBILE PARKING 
STATIONS. 

For the establishment, maintenance and op- 
eration of automobile parking stations — by the 
Fire Department; subject to the approval of the 
Department of Public Works insofar as traffic 
control is concerned. (Added by Ord. 274-64, App. 
10/16/64) 

SEC. 1.19. ACETYLENE GENERATOR. 

For the operation and use of an acetylene 
generator — by the Fire Department. (Added by 
Ord. 274-64, App. 10/16/64) 

SEC. 1.20. PUBLIC REPAIR GARAGES, 
PUBLIC STORAGE GARAGES, 
COMMERCIAL AND TRUCK GARAGES, 
AND AUTOMOBILE SALES GARAGES. 

For the establishment, maintenance and op- 
eration of public repair garages, public storage 
garages, commercial and truck garages and au- 
tomobile garages — by the Fire Department; sub- 
ject to the approval of the Department of Public 
Works insofar as traffic control is concerned. 
(Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.20.1. AUTOMOBILE REPAIR 
SHOPS. 

For the establishment, maintenance and op- 
eration of special branches of automobile repair 
shops — by the Fire Department. (Added by Ord. 
200-67, App. 7/28/67) 



Permit Procedures 



Sec. 1.34. 



SEC. 1.21. REMOVING PAINT FROM 
BUILDINGS BY BURNING. 

For the removing of paint from buildings by 
burning — by the Fire Department. (Added by 
Ord. 274-64, App. 10/16/64) 

SEC. 1.22. OIL-BURNING APPARATUS. 

For the installation and use of oil-burning 
apparatus — by the Fire Department. (Added by 
Ord. 274-64, App. 10/16/64) 

SEC. 1.23. STORAGE OF CALCIUM 
CARBIDE. 

For the storage of calcium carbide — by the 
Fire Department. (Added by Ord. 274-64, App. 
10/16/64) 

SEC. 1.24. DOG HOSPITALS OR 
KENNELS OR HOSPITALS FOR SICK 
ANIMALS. 

For the establishment, maintenance and op- 
eration of dog hospitals and kennels or hospitals 
for sick animals — by the Health Department. 
(Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.25. LAUNDRIES. 

For the establishment, maintenance and op- 
eration of laundries including laundry delivery 
services doing business in the City and County of 
San Francisco — by the Health Department; sub- 
ject to the approval of the Fire Department. 
(Amended by Ord. 53-82, App. 2/11/82) 

SEC. 1.26. STABLES. 

For the construction and maintenance of 
stables — by the Health Department; subject to 
the approval of the Fire Department. (Added by 
Ord. 274-64, App. 10/16/64) 

SEC. 1.27. MEDICAL COLLEGES. 

For the establishment and maintenance of 
medical colleges — by the Health Department. 
(Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.28. USE OF CITY AND COUNTY 
PROPERTY FOR DECORATION 
PURPOSES. 

For the use of City and County property for 
decoration purposes — by the Real Estate Depart- 



ment; subject to the approval of any department 
having charge, management and control of the 
specific property involved. (Added by Ord. 274- 
64, App. 10/16/64) 

SEC. 1.29. BILLBOARDS. 

For the erection and maintenance of bill- 
boards on City property — by the Real Estate 
Department. (Added by Ord. 274-64, App. 10/16/ 
64) 

SEC. 1.30. ROCK-CRUSHING 
MACHINES. 

For the establishment and operation of rock- 
crushing machines — by the Central Permit Bu- 
reau; subject to the approval of the Department 
of PubHc Works. (Added by Ord. 274-64, App. 
10/16/64) 

SEC. 1.31. TEMPORARY BUILDINGS. 

For the construction and maintenance of tem- 
porary buildings — by the Central Permit Bu- 
reau; subject to the approval of the Bureau of 
Building Inspection, Fire Department and Health 
Department. (Added by Ord. 274-64, App. 10/16/ 
64) 

SEC. 1.32. BLASTING OPERATIONS. 

For conducting blasting operations — by the 
Central Permit Bureau; subject to the approval 
of the Department of Public Works and Fire 
Department. (Added by Ord. 274-64, App. 10/16/ 
64) 

SEC. 1.33. BOILERS, ENGINES, AND 
CUPOLA FURNACES. 

For the installation and operation of boilers, 
engines and cupola furnaces — by the Central 
Permit Bureau; subject to the approval of the 
Bureau of Building Inspection and Fire Depart- 
ment. (Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.34. GAS WORKS. 

For the construction and operation of gas 
works — by the Central Permit Bureau; subject to 
the approval of the Bureau of Building Inspec- 
tion and Fire Department. (Added by Ord. 274- 
64, App. 10/16/64) 



Sec. 1.35. 



San Francisco - Business and Tax Regulations Code 



SEC. 1.35. EMPLOYMENT OFFICES. 

For the establishment and maintenance of 
employment offices — by the Police Department. 
(Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.36. PEDDLING. 

For peddling — by the Police Department; sub- 
ject to the approval of the Health Department for 
food peddlers. (Amended by Ord. 242-70, App. 
7/14/70) 

SEC. 1.37. PAWNBROKER 
ESTABLISHMENTS. 

For the maintenance and operation of pawn- 
broker establishments — by the Police Depart- 
ment. (Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.38. COMBUSTIBLE FIBRES. 

For the storing and handling of combustible 
fibres — by the Fire Department. (Added by Ord. 
274-64, App. 10/16/64) 

SEC. 1.39. EXPLOSIVES. 

For the receiving of explosives — by the Fire 
Department. (Added by Ord. 274-64, App. 10/16/ 
64) 

SEC. 1.40. IMPORTING AND/OR 
EXPORTING FIREWORKS. 

For importing and/or exporting fireworks — by 
the Fire Department. (Added by Ord. 274-64, 
App. 10/16/64) 

SEC. 1.41. TRANSPORTING OF 
FIREWORKS. 

For the transporting of fireworks — by the 
Fire Department. (Added by Ord. 274-64, App. 
10/16/64) 

SEC. 1.42. WHOLESALING OF 
FIREWORKS. 

For the wholesaling of fireworks — by the Fire 
Department. (Added by Ord. 274-64, App. 10/16/ 

64) 



SEC. 1.43. APPLICATION OF 
FLAMMABLE FINISHES. 

For the application of flammable finishes — by 
the Fire Department; subject to the approval of 
the Health Department. (Added by Ord. 274-64, 
App. 10/16/64) 

SEC. 1.44. FLAMMABLE LIQUIDS. 

For the storage, handling, use, manufactur- 
ing, processing, refining or dispensing of flam- 
mable liquids — by the Fire Department. (Added 
by Ord. 274-64, App. 10/16/64) 

SEC. 1.45. FLAMMABLE FUMIGANTS 
AND FOGS. 

For the use of flammable fumigants and 
fogs — by the Fire Department; subject to the 
approval of the Health Department. (Added by 
Ord. 274-64, App. 10/16/64) 

SEC. 1.46. HAZARDOUS CHEMICALS. 

For the storage of hazardous chemicals — by 
the Fire Department. (Added by Ord. 274-64, 
App. 10/16/64) 

SEC. 1.47. WASTE MATERIAL 
HANDLING PLANTS. 

For the operation and maintenance of waste 
material handling plants — by the Fire Depart- 
ment. (Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.48. LIQUEFIED PETROLEUM 
GASES. 

For the storage of liquefied p)etroleum 
gases — by the Fire Department. (Added by Ord. 
274-64, App. 10/16/64) 

SEC. 1.49. STORAGE OF LUMBER AND 
READILY COMBUSTIBLE MATERIALS. 

For the storage and handling of lumber and 
readily combustible materials — by the Fire De- 
partment. (Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.50. MAGNESIUM AND TITANIUM 
PROCESSING. 

For the processing of magnesium and tita- 
nium — by the Fire Department. (Added by Ord. 
274-64, App. 10/16/64) 



Permit Procedures 



Sec. 1.64. 



SEC. 1.51. MOTION PICTURE 
THEATERS, THEATERS, PUBLIC 
ASSEMBLY UNITS, AND OPEN-AIR 
ASSEMBLY UNITS. 

For the maintenance of motion picture the- 
aters, theaters, and for the maintenance, opera- 
tion and use of pubUc assembly units and open- 
air assembly unit — by the Fire Department; 
subject to the approval of the Bureau of Building 
Inspection; for the operation of motion picture 
theaters, closed-circuit television theaters, live 
entertainment in theaters or any combination 
thereof — by the Police Department. (Amended 
by Ord. 29-71, App. 2/10/71) 

SEC. 1.52. NITROCELLULOSE MOTION 
PICTURE FILM. 

For the processing, storage and use of nitro- 
cellulose motion picture film — by the Fire De- 
partment. (Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.53. NITROCELLULOSE 
PLASTICS. 

For the processing and storage of nitrocellu- 
lose plastics — by the Fire Department. (Added 
by Ord. 274-64, App. 10/16/64) 

SEC. 1.54. INDUSTRIAL BAKING AND 
DRYING OVENS. 

For the operation and use of industrial bak- 
ing and drying ovens — by the Fire Department. 
(Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.55. STANDING ROOM, CANDY 
COUNTERS AND VENDING MACHINE 
SPACES. 

For the use of standing room, candy counters 
and vending machines spaces — by the Fire De- 
partment. (Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.56. COMPRESSED GASES. 

For the storage, handling and use of com- 
pressed gases — by the Fire Department. (Added 
by Ord. 274-64, App. 10/16/64) 



SEC. 1.57. TENTS. 

For the erection and use of tents — by the Fire 
Department. (Added by Ord. 274-64, App. 10/16/ 
64) 

SEC. 1.58. TIRE REBUILDING PLANTS. 

For the conduction and maintenance of tire 
rebuilding plants — by the Fire Department. 
(Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.59. WELDING AND CUTTING 
OPERATIONS. 

For the conduction of welding and cutting 
operations — by the Fire Department. (Added by 
Ord. 274-64, App. 10/16/64) 

SEC. 1.60. FLAMMABLE LIQUID TANK 
VEHICLES. 

For the operation and use of flammable liq- 
uid tank vehicles — by the Fire Department. 
(Added by Ord. 274-64, App. 10/16/64) 

SEC. 1.61. ESTABLISHMENT, 
MAINTENANCE AND OPERATION OF 
FOOD PRODUCTS AND MARKETING 
ESTABLISHMENTS. 

For the establishment, maintenance and op- 
eration of food product and marketing establish- 
ments — by the Health Department. (Amended 
by Ord. 242-70, App. 7/14/70) 

SEC. 1.62. MAINTENANCE AND 
OPERATION OF MEAT AND MEAT FOOD 
PRODUCT VEHICLES. 

For the maintenance and operation of meat 
and meat food products vehicles — by the Depart- 
ment of Public Health. (Added by Ord. 94-68, 
App. 4/19/68) 

SEC. 1.64. ESTABLISHMENT, 
MAINTENANCE AND OPERATION OF 
FOOD PREPARATION AND SERVICE 
ESTABLISHMENTS. 

For the establishment, maintenance and op- 
eration of food preparation and service establish- 
ments — by the Health Department. (Amended 
by Ord. 242-70, App. 7/14/70) 



Sec. 1.65. 



San Francisco - Business and Tax Regulations Code 



10 



SEC. 1.65. ESTABLISHMENT, 
MAINTENANCE AND OPERATION OF 
SALVAGE GOODS AND MERCHANDISE 
DEALERS. 

For the establishment, maintenance and op- 
eration of salvage goods and merchandise deal- 
ers as defined in the Health Code — by the De- 
partment of Public Health. (Added by Ord. 94- 
68, App. 4/19/68) 

SEC. 1.66. ESTABLISHMENT, 
MAINTENANCE AND OPERATION OF 
CIGAR AND MATTRESS FACTORIES. 

For the establishment, maintenance and op- 
eration of cigar and mattress factories — by the 
Department of Public Health. (Added by Ord. 
94-68, App. 4/19/68) 

SEC. 1.67. ESTABLISHMENT, 
MAINTENANCE AND OPERATION OF 
PET SHOPS. 

For the establishment, maintenance and op- 
eration of pet shops — by the Department of Pub- 
he Health. (Added by Ord. 94-68, App. 4/19/68) 

SEC. 1.68. MAINTENANCE AND 
OPERATION OF GARBAGE VEHICLES. 

For the maintenance and operation of ve- 
hicles used for the transportation of refuse or 
garbage — by the Department of Public Health. 
(Added by Ord. 94-68, App. 4/19/68) 

SEC. 1.69. ESTABLISHMENT, 
MAINTENANCE AND OPERATION OF 
SWIMMING POOLS. 

For the establishment, maintenance and op- 
eration of swimming pools — by the Department 
of Public Health. (Added by Ord. 94-68, App. 
4/19/68) 

SEC. 1.70. MAINTENANCE AND 
OPERATION OF PRIVATE AMBULANCES. 

For the maintenance and operation of private 
ambulances — by the Department of Public Health. 
(Added by Ord. 94-68, App. 4/19/68) 



SEC. 1.71. USE OF HYDROCYANIC GAS, 
ETC. 

For the use of hydrocyanic gas, etc. — by the 
Department of Public Health. (Added by Ord. 
94-68, App. 4/19/68) 

SEC. 1.72. BUSINESS OF RETAIL 
FIREARMS DEALER, OPERATION AND 
MAINTENANCE OF. 

For the establishment, maintenance and op- 
eration of the business of firearms dealer — by 
the Pohce Department. (Added by Ord. 242-69, 
App. 7/29/69) 

SEC. 1.73. FOOD VENDING MACHINES. 

For food vending machines — by the Health 
Department. (Added by Ord. 242-70, App. 7/14/ 
70) 

SEC. 1.74. MOBILE CATERING 
VEHICLES. 

For the operation of mobile catering units — by 
the Police Department subject to approval by the 
Health Department. (Added by Ord. 229-71, App. 
9/10/71) 

SEC. 1.75. WELLS AND WELL WATER. 

For the operation, maintenance and use of 
wells and well water — by the Department of 
Public Health. (Added by Ord. 450-77, App. 10/ 
6/77) 

SEC. 1.76. TESTERS OF BACKFLOW 
PREVENTION OR CROSS-CONNECTION 
CONTROL DEVICES. 

For the licensing of certified testers of back- 
flow prevention or cross-connection control de- 
vices — by the Department of Public Health. (Added 
by Ord. 356-84, App. 8/24/84) 

SEC. 1.77. MEDICAL CANNABIS 
DISPENSARIES. 

For the establishment, maintenance and op- 
eration of medical cannabis dispensaries - by the 
Department of Public Health. (Added by Ord. 
275-05, File No. 051250, App. 11/30/2005) 



11 



Permit Procedures 



Sec. 6. 



SEC. 2. APPROVAL OF CITY PLANNING 
COMMISSION. 

The head of any department or office autho- 
rized to issue permits or Hcenses shall secure the 
approval of the City Planning Commission for 
any application for a permit or license, in any 
case where it is not clearly prescribed by the 
zoning ordinances and regulations of the City 
and County that the business, enterprise or 
activity for which application for a permit is 
made, can legally be established on or at the 
location covered in the application for permit. 

SEC. 3. CERTAIN PERMITS TO BE 
DELIVERED TO TAX COLLECTOR. 

All permits issued by departments or offices 
as outlined in Section 1 of this Article that 
require the payment of a permit or license fee 
shall be issued by the departments designated, 
as a permit for the conduct of the specified 
business, enterprise or activity at the specified 
location, and such permit shall be delivered to 
the applicant by the Tax Collector on the pay- 
ment to the Tax Collector of the fee required by 
law or ordinance. 

SEC. 5. NOTICE OF ISSUANCE OF 
PERMITS. 

Permits affecting a change of the use or 
occupancy theretofore authorized by the City 
Planning Commission for a building or struc- 
ture, or by the provisions of Chapter II (City 
Planning Code) Part II of the San Francisco 
Municipal Code, which change requires approval 
of the City Planning Commission, permits for 
moving of buildings from one site to another, and 
permits for new buildings and structures other 
than billboards erected for outdoor advertising 
display, shall be posted on the premises or prop- 
erty affected as hereinafter provided in this 
Section; provided, however, in the event any 
other Section of this Code or any ordinance of the 
City and County shall provide for the posting on 
the premises or property or advertising in the 
official newspaper of the City and County of any 
such permit or application for the same, the 
provisions of this Section shall not apply. Within 
two days after the issuance of said permits the 



department or officer issuing the same shall 
cause a copy thereof and the notice described in 
Section 6 hereof to be posted in a conspicuous 
place on the subject property or location affected 
by said permit. Posting shall be made on each lot 
on which a structure affected is located or is to be 
located, unless any such structure occupies more 
than one lot, in cases both of individual and 
multiple construction. Said copy shall remain so 
posted until the expiration of the 10-day period 
provided for appeal from the issuance of said 
permit. (Amended by Ord. 6007, App. 5/3/50) 

SEC. 6. NOTICE TO BE ATTACHED TO 
COPY POSTED— COST OF POSTING.* 

Each copy of a permit, posted as required in 
Section 5 of this Article, shall have attached 
thereto, during such posting, a notice which 
shall specify the following: 

(a) The name and address of the permittee. 

(b) That said permit has been issued autho- 
rizing the doing of the things set forth. 

(c) That any person who may deem that his 
interests or property or that the general public 
interest will be adversely affected as the result of 
operation authorized by or under such permit 
shall have the right to appeal to the Board of 
Appeals; that such right may be exercised by 
filing a notice of appeal from the order or deci- 
sion granting said permit with the Board of 
Appeals at its office, within 10 days after the 
issuance of the permit, and that said notice of 
appeal may include a statement of grounds of 
appeal or objections to the issuance of said per- 
mit. 

(d) The date of the last day within which 
said notice may be filed. 

Unless otherwise provided by law, the cost of 
all posting required by Sections 5 and 6 hereof 
shall be paid by the applicant at the time of 
issuance of permit. The cost of each such posting 
shall be $2.50, except that only one fee of $2.50 
shall be charged as to such posting of permits 
issued simultaneously to any one owner for the 
construction of two or more new buildings or 
structures of the same use or occupancy, size and 
construction located on the same or adjoining 



Sec. 6. 



San Francisco - Business and Tax Regulations Code 



12 



lots. In such instances, a fee of $0.25 shall be 
added as the cost of each such additional related 
posting. For this purpose, adjoining lots shall be 
deemed to include all lots facing on any one 
street which constitute a single area of land in 
any one block. (Added by Ord. 4541, App. 7/30/ 
47) 
^Editor's Note: 

Sections 6.1-1 through 6.23-1 are located in Article 
6 of this Code. 

SEC. 7. INTERFERENCE WITH 
POSTING OR TAMPERING WITH NOTICE 
PROHIBITED— PENALTY. 

Any person removing, tampering with or 
obliterating any notice posted, as provided herein, 
as well as any person who interferes with the 
posting of any such notice, shall be guilty of a 
misdemeanor and upon conviction thereof shall 
be punished by a fine not to exceed $250 or 
imprisonment in the County Jail for not more 
than six months, or both such fine and impris- 
onment. (Added by Ord. 4541, App. 7/30/47) 

SEC. 8. METHOD OF APPEAL TO THE 
BOARD OF APPEALS. 

Except for variance decisions and place of 
entertainment, extended hours premises, and 
loudspeaker permits issued by the Entertain- 
ment Commission, appeals to the Board of Ap- 
peals shall be taken within 15 days from the 
making or entry of the order or decision from 
which the appeal is taken. Appeals of variance 
decisions shall be taken within 10 days. Appeals 
shall be taken by filing a notice of appeal with 
the Board of Appeals and pa5dng to said Board at 
such time a filing fee as follows: 

(a) Zoning Administrator, Planning De- 
partment, Director of Planning and Plan- 
ning Commission. 

(1) For each appeal from the Zoning 
Administrator's variance decision the fee shall 
be $400. 

(2) For each appeal from any order, require- 
ment, decision or other determination (other 
than a variance) made by the Zoning Adminis- 
trator, the Planning Department or Commission 



or the Director of Planning, including an appeal 
from disapproval of a permit which results from 
such an action, the fee shall be $400. 

(b) Department of Building Inspection. 

(1) For each appeal from a Department of 
Building Inspection denial, conditional approval 
or granting of a residential hotel or apartment 
conversion permit the fee shall be $350. 

(2) For each appeal from the granting or 
denial of a building demolition, or other permit 
(other than residential hotel conversion) the fee 
shall be $100. 

(3) For each appeal from the imposition of a 
penalty only the fee shall be $200. 

(c) Police Department Entertainment 
Commission. 

(1) For each appeal from the denial or grant- 
ing of a permit or license issued by the Police 
Department or Entertainment Commission to 
the owner or operator of a business the fee shall 
be $250; for each such permit or license issued to 
an individual employed by or working under 
contract to a business, the fee shall be $100. 

(2) For each appeal from the revocation or 
suspension of a permit or license by the Police 
Department or Entertainment Commission the 
fee shall be $250 for an entity or individual. 

(d) Department of Public Works. For each 
appeal from the decision of the Director of the 
Department of Public Works concerning street 
tree removal by a City agency, commission, or 
department the fee shall be $75. 

(e) For each appeal from any other order or 
decision the fee shall be $200. 

(D For requests for rehearing under Section 
16 of this Article the fee shall be $100. 

(g) For requests for jurisdiction the fee shall 
be $100. 

(h) An exemption from paying the full fee 
specified in Subsections (a), (b), (c), (d), (e), (f), 
and (g) herein may be granted upon the filing 
under penalty of perjury of a declaration of 
indigency on the form provided and approved by 
the Board. All agencies of the City and County of 
San Francisco are exempted from these fees. 



13 



Permit Procedures 



Sec. 10. 



Notice of appeal shall be in such form as may 
be provided by the rules of the Board of Appeals. 

On the filing of any appeal, the Board of 
Appeals shall notify in writing the department, 
board, commission, officer or other person from 
whose action the appeal is taken of such appeal. 
On the filing of any appeal concerning a struc- 
tural addition to an existing building, the Board 
of Appeals shall additionally notify in writing the 
property owners of buildings immediately adja- 
cent to the subject building. 

The Board of Appeals shall fix the time and 
place of hearing, which shall be not less than 10 
nor more than 45 days after the filing of said 
appeal, and shall act thereon not later than 60 
days after such filing or a reasonable time there- 
after. In the case of a fixed pedestal newsrack 
permit, a place of entertainment permit or an 
extended-hours premises permit, the Board of 
Appeals shall set the hearing not less than 15 
days after the filing of said appeal, shall act 
thereon not more than 30 days after such filing, 
and shall not entertain a motion for rehearing. 
With respect to any decision of the Board of 
Appeals related to any "dwelling" in which "pro- 
tected class members" are likely to reside (each 
as defined in Administrative Code Chapter 87), 
the Board of Appeals shall comply with the 
requirements of Administrative Code Chapter 87 
which requires, among other things, that the 
Board of Appeals not base any decision regarding 
the development of such units on information 
which may be discriminatory to any member of a 
"protected class." Pending decision by the Board 
of Appeals, the action of such department, board, 
commission, officer or other person from which 
an appeal is taken, excluding (1) actions of 
revocation or suspension of permit by the Direc- 
tor of Public Health when determined by the 
Director to be an extreme public health hazard 
and (2) actions by the Zoning Administrator or 
Director of the Department of Building Inspec- 



tion stopping work under or suspending an is- 
sued permit, shall be suspended. (Amended by 
Ord. 315-81, App. 6/21/81; Ord. 95-86, § 1, App. 
3/21/86; Ord. 27-88, App. 1/28/88; Ord. 255-88, 
App. 6/22/88; Ord. 434-88, App. 9/16/88; Ord. 
285-89, App. 8/2/89; Ord. 340-92, App. 11/5/92; 
Ord. 61-96, App. 2/9/96; Ord. 128-97, App. 4/9/97; 
Ord. 191-98, App. 6/12/98; Ord. 295-98, Eff. 11/ 
4/98; Ord. 306-99, File No. 990497, App. 12/3/99; 
Ord. 223-01, File No. 011578, App. 11/16/2001; 
Ord. 193-05, File No. 051027, App. 7/29/2005) 

SEC. 8(a). EFFECTIVE DATE FOR 
COLLECTION OF FILING FEE. 

The fee to be paid by the appellants as 
provided in Section 8 hereof shall become effec- 
tive and be due for all appeals pending as of 
October 31, 1947, and thereafter upon filing 
notice of appeal, appellants shall pay the filing 
fee to the Secretary of the Board. (Added by Ord. 
4757, App. 12/22/47) 

SEC. 9. INFORMATION TO BE 
FURNISHED TO BOARD OF APPEALS. 

Upon receiving such notice it shall be the 
duty of the department, board, commission or 
person making the order or decision appealed 
from, to forthwith scrutinize the same and within 
three days notify the Board of Appeals, in writ- 
ing, of the names and addresses of any known 
persons, firms, corporations or associations not 
named in the notice of appeal who or which 
opposed appellant in the matter in which the 
appeal is taken. (Amended by Ord. 128-97, App. 
4/9/97) 

SEC. 10. RECORD FORWARDED TO 
BOARD OF APPEALS. 

Upon receipt of notice of appeal it shall be the 
duty of the department, board, commission or 
person from whose decision the appeal is taken 
to transmit to the Board of Appeals the original 
application or complaint upon which the license 
or permit was granted, refused or revoked, and 
all affidavits, exhibits, letters, maps or other 
documents used upon the hearing before such 
department, board, commission or person. The 
application or complaint and cill documents, ex- 



Supp. No. 2, October 2006 



Sec. 10. 



San Francisco - Business and Tax Regulations Code 



14 



hibits and records forwarded therewith shall be 
returned to the department, board, commission 
or person from whose order or decision the ap- 
peal was taken, immediately after final decision 
by the Board of Appeals, with a statement of the 
decision of said Board, certified by the President 
or Vice-President and Secretary thereof (Amended 
by Ord. 128-97, App. 4/9/97) 

SEC. 11. COURT REPORTER— FEES; 
VIDEOTAPE OF PROCEEDINGS AS 
ADMINISTRATIVE RECORD. 

(a) Court Reporter; Fees. The Board of 
Appeals shall designate a competent court re- 
porter as official reporter of the Board. Except as 
provided in subsection (b) below, the reporter 
shall attend all hearings of the Board and shall 
take down by phonographic report all the testi- 
mony, the objections made, the rulings of the 
Board, and all statements and remarks made, 
oral instructions given by the Board and the 
voting on all cases heard by the Board. The fees 
for the reporter for reporting all of the proceed- 
ings and testimony as outlined above shall be a 
legal charge against the City and County of San 
Francisco. 

When requested to do so by any party or 
parties in writing the official reporter must, 
within a reasonable time after the request has 
been made, transcribe such specific portions as 
may be requested and certify to the same as 
being correctly reported and transcribed. The 
fees for such transcription shall be at the ex- 
pense of the party requesting the transcript 
thereof. The Board of Appeals shall approve the 
reporter's schedule of rates and fees for reporting 
and transcription services in connection with 
Board of Appeals' proceedings. 

(b) Videotape or Audiotape of Proceed- 
ings as Administrative Record. In lieu of 
attendance at the hearing by a court reporter, 
the Board is authorized to use the Department of 
Telecommunications and Information Technology's 
Citywatch Cable Channel videotape of the Board's 
proceedings as the administrative record of the 
hearing. When requested to do so by any party or 
parties in writing, a copy of the videotape or such 
specific portions as may be requested must be 



provided by Cit3^watch within a reasonable time 
after the request has been made. The fee for such 
videotape copy shall be at the expense of the 
party requesting it. It shall be the burden of the 
party requesting the videotape to obtain at its 
own expense any transcription of the tape. If 
such a transcription is made, the party obtaining 
the transcription shall provide a copy to the 
Board for its records. (Amended by Ord. 154-66, 
App. 7/6/66; Ord. 128-97, App. 4/9/97; Ord. 53-02, 
File No. 020319, App. 4/26/2002) 

SEC. 11(a). CITY ATTORNEY- 
REPRESENTATION OF PLANNING AND 
BUILDING DEPARTMENT STAFF. 

For appeals from decisions of the Planning 
Commission, the Zoning Administrator, the Build- 
ing Inspection Commission, and the Planning 
and Building Departments, the following proce- 
dure shall be followed by staff to ensure that 
there is adequate legal advocacy on behalf of 
those departments in matters that involve im- 
portant public policy or legal significance. 

(1) Staff of the Board of Appeals shall send 
to the Deputy City Attorney who has been des- 
ignated by the City Attorney to be counsel to the 
Planning Department and the Department of 
Building Inspection a copy of (1) the advance or 
draft agendas at regular intervals and the final 
agenda for each meeting as soon as it is pre- 
pared, (2) all Notices of Appeal within 5 working 
days of when they are received by the staff of the 
Board of Appeals; and (3) any brief submitted to 
the Board of Appeals immediately upon receipt 
by the staff of the Board of Appeals. 

(2) The Zoning Administrator, Planning De- 
partment staff, and the Building Department 
staff member assigned to the Board of Appeals 
shall consult with their designated Deputy City 
Attorney concerning any appeals of decisions 
involving their respective commissions or depart- 
ments. 

(3) The department staff representative shall 
determine whether an appeal presents any is- 
sues of important public policy and the City 
Attorney's Office shall have the discretion to 
determine whether an appeal presents any is- 



Supp. No. 2, October 2006 



14.1 



Permit Procedures 



Sec. 14. 



sues of legal significance. The City Attorney's 
Office shall have the discretion to determine 
what level of participation by the City Attorney's 
Office is appropriate in order to defend the 
department's decision before the Board of Ap- 
peals. The applicable department will allow for 
the City Attorney's Office representation based 
on that determination. 

The criteria used to make these determi- 
nations shall include, but not be limited to, 
whether the appeal: 

(a) Challenges a decision of the Planning 
Commission or Building Inspection Commission; 

(b) Challenges a Zoning Administrator in- 
terpretation of a provision of the Planning Code; 

(c) Involves a matter that is likely to lead to 
litigation; 

(d) Raises novel issues of law. 

The services of the City Attorney's Office in 
advising and representing the Planning 
Department, including the Zoning Admin- 
istrator, and Building Department in mat- 
ters before the Board of Appeals shall be 
funded by those departments and not 
chargeable to the Board of Appeals. 
(4) The Zoning Administrator, Planning De- 
partment staff, and the Building Department 
staff member assigned to the Board of Appeals 
shall ensure that Section 10 of the Business and 
Tax Regulations Code is complied with such that 
the complete record from the department whose 
decision is being appealed from shall be made 
available to each Commissioner at least one 
week before the hearing on the appeal. Any staff 
report that was prepared below shall be included 
in the packet for each hearing. (Added by Ord. 
253-06, File No. 061212, App. 10/11/2006) 

SEC. 12. MAILING NOTICE OF 
HEARING. 

Notices of hearing appeals shall be sent by 
the Secretary of the Board by United States mail 
to the appellant and all other parties interested 
as shown by the record of the Board at such time 
before the hearing as the rules of the Board may 
prescribe, and the certificate of the Secretary of 
mailing said notices shall be evidence thereof, in 



addition, notice of the hearing shall be sent to all 
owners and, to the extent practical, occupants of 
properties within 150 feet of the property that is 
the subject of the appeal in the same Assessor's 
Block and on the block face across fro the subject 
property. When the subject property is a corner 
lot, notice shall further include all property on 
both block face across from the subject property, 
and the corner property diagonally across the 
street. The latest City-wide Assessor's roll for 
names and addresses of owners shall be used for 
said notice. (Ord. 173-06, File No. 060143, App. 
6-29-06) 

SEC. 13. FILING REQUEST FOR 
NOTICE OF HEARING. 

Any person, firm, corporation, association or 
City and County department, board, commission 
or City and County official may file with the 
secretary of the Board of Appeals a request for 
notice of hearing of the appeal, and such person, 
firm, corporation, association, City and County 
department, board, commission or City and County 
official shall be added to the list of parties and 
thereafter receive notice of all proceedings before 
the Board as herein prescribed. (Amended by 
Ord. 128-97, App. 4/9/97) 

SEC. 14. HEARING AND DECISION. 

The Board of Appeals shall hear the appli- 
cant, the permit holder or other interested par- 
ties, as well as a representative of the depart- 
ment from whose action the appeal is taken. 
After said hearing and such further investiga- 
tions as the Board may deem necessary, but not 
later than 60 days or a reasonable time after the 
filing with it of the first append, the Board may 
concur in the action of the department autho- 
rized to issue, transfer or revoke the permit, or 
may overrule the action of said department and 



Supp. No. 2, October 2006 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 2, October 2006 



15 



Permit Procedures 



Sec. 22. 



order that the permit be granted, restored, de- 
nied, or permitted to be transferred, as the case 
may be. 

Any immediately adjacent property owner 
who requested discretionary review of a permit 
by the Planning Commission and prevailed, in 
whole or in part, shall have the status of a party 
under this Article or the Board's rules in any 
appeal of the permit to the Board of Appeals by 
the project sponsor. Status of a party includes, 
but is not limited to, the right to any notices 
provided to parties, the right to receive service of 
papers filed by other parties to the appeal, equal 
time for an oral presentation including rebuttal 
time, service of the Board's decision, and the 
right to request a rehearing; provided, however, 
that if there is more than one such adjacent 
property owner, the Board of Appeals may, at its 
discretion, limit the time for oral presentation to 
three minutes for each adjacent property owner 
and a combined total of three minutes rebuttal 
for all adjacent property owners. (Amended by 
Ord. 128-97, App. 4/9/97; Ord. 205-00, File No. 
000800, App. 9/1/2000) 

SEC. 15. SEAL. 

A form of seal shall be adopted by the Board, 
which shall be impressed upon all orders and 
decisions and certified copies thereof. 

SEC. 16. REHEARINGS. 

Rehearings may be had only upon motion of a 
member of the Board and upon the vote of at 
least four members thereof, or if a vacancy 
exists, by a vote of three members. (Amended by 
Ord. 280-98, App. 8/28/98) 

SEC. 17. PERMITTING SUBSTITUTES 
FOR METAL BADGES. 

Wherever in Part III of the Municipal Code 
or in any other part of said Code there appears a 
requirement for a metallic badge, plate, tag or 
shield, the officer responsible for the issuance 
thereof may substitute a nonmetallic material 
therefor. (Added by Ord. 509-60, App. 10/21/60) 



SEC. 22. PROVIDING FOR POSTING 
AND FORM OF NOTICE OF HEARING, 
APPLICATIONS FOR CERTAIN PERMITS. 

On the filing of any application for the issu- 
ance or transfer of a permit for any purpose 
specified in this Section, or the filing of a notice 
of intention to revoke any permit, except in any 
case where such proposed revocation is due to 
the failure to pay the fee fixed by law or ordi- 
nance, the department responsible for the ap- 
proval of such application, shall fix the time and 
place of hearing thereon, which shall be not less 
than 10 nor more than 20 days from the filing of 
said application, and shall cause to be conspicu- 
ously posted upon the premises involved in such 
application not less than 10 days before said 
public hearing, notice of such application and the 
time and place of hearing thereon. Said notice 
shall also set forth the name of the applicant and 
the purpose for which the application is made. 
The department in which the application is filed 
shall cause said notice to be posted. The lettering 
of the words in said notice, "Notice of Application 
for . . . Permit," shall be one-inch type, and all 
other lettering shall be one-half-inch type. After 
the posting of said notice the applicant shall 
maintain said notice as posted the required num- 
ber of days. 

The classes of permits referred to in this 
Section are: Service stations, automobile parking 
stations, public repair garages, public storage 
garages, commercial and truck garages, automo- 
bile sales garages, hospitals of any character, 
including hospitals for sick animals, dog ken- 
nels, places of refuge and detention, laundries 
including laundry delivery services doing busi- 
ness in San Francisco, junkyards or premises, 
livery stables, riding academies and riding schools, 
pawnbrokers, secondhand dealers, secondhand 
clothing dealers and secondhand furniture deal- 
ers, encounter studios, retail firearms dealers, 
nursing homes, day nurseries, nursery schools, 
play schools, kindergartens, and children's insti- 
tutions, but shall not include private family 
boarding homes for aged or children. (Amended 
by Ord. 355-85, App. 7/12/85) 



Sec. 23. 



San Francisco - Business and Tax Regulations Code 



16 



SEC. 23. ACTION ON OTHER 
APPLICATIONS. 

All other applications for the issuance, trans- 
fer or revocation of permits shall be subject to 
action on or issuance by the department or office 
specified by law or ordinance; provided, however, 
that those classes of business or occupation re- 
quired to secure quarterly or other periodical 
permits from the Entertainment Commission or 
Police, Health or Fire Departments, respectively, 
as provided by ordinance shall, after their origi- 
nal approval and issuance thereof by the depart- 
ment concerned, be subject to issuance by the 
Tax Collector for each successive period on the 
application of the person, firm or corporation 
conducting such business or occupation. The Tax 
Collector is hereby authorized to issue the li- 
cense for the next quarter or other period fixed 
by law or ordinance unless: 

1. The department issuing the permit files 
written objection with the Tax Collector to such 
renewal or continuance; 

2. The permittee does not have a current 
business tax registration certificate, when such 
business tax registration certificate is required 
pursuant to Article 12 of the Business and Tax 
Regulations Code. 

In case of any such objection by the depart- 
ment concerned, or when the permittee does not 
have a current business tax registration certifi- 
cate when so required by Article 12 of the Busi- 
ness and Tax Regulations Code, the license ap- 
plied for shall not be continued or renewed by the 
Tax Collector, and the applicant therefor must 
file application with said department for the 
renewal or continuance of the original permit. 

The Tax Collector shall, within 45 days after 
the expiration of the period covered by any 
quarterly or other periodical permit, notify the 
department authorized to issue said permit of 
the failure of any permit holder to apply for a 
renewal or a continuance thereof, and shall like- 
wise immediately notify the Chief of Police or 
Entertainment Commission of any delinquency 
on the part of any permit holder in paying the 



fees required by law or ordinance for such per- 
mit. (Amended by Ord. 345-88, App. 8/4/88; Ord. 
193-05, File No. 051027, App. 7/29/2005) 

SEC. 24. INSPECTION BY 
DEPARTMENT— REVOCATION OF 
PERMITS. 

Any department authorized to issue, revoke 
or transfer permits or to act on applications for 
any of said purposes, may detail such members 
or employees of said department as are required 
for the investigation and inspection of applica- 
tions for permits subject to issuance by said 
department, and for the inspection or regulation 
of the conduct of any business or occupation, 
under such permit. Any department may revoke 
any permit subject to issuance by said depart- 
ment when it shall appear that the business or 
calling of the person, firm, or corporation to 
whom it was granted is conducted in a disor- 
derly, improper or hazardous manner, or that the 
place in which the business is conducted or 
maintained is not a proper or suitable place in 
which to conduct or maintain such business or 
calling. 

SEC. 25. ADVISORY BOARD. 

The Police Commission and the Fire Commis- 
sion, respectively, shall serve as advisory boards 
to the Chief of Police and the Chief Engineer of 
the Fire Department, respectively, in the hear- 
ings on permit applications, transfers and pro- 
posed revocations required by Section 22 of this 
Article, and each of said advisory boards shall 
make such recommendation to the head of the 
department concerned as in its judgment the 
facts established by any such hearing shall war- 
rant. (Amended by Ord. 2928, App. 10/9/44) 

SEC. 26. FACTS TO BE CONSIDERED 
BY DEPARTMENTS. 

(a) Subject to Subsection (b) below, in the 
granting or denying of any permit, or the I'evok- 
ing or the refusing to revoke any permit, the 
granting or revoking power may take into con- 
sideration the effect of the proposed business or 
calling upon surrounding property and upon its 
residents, and inhabitants thereof; and in grant- 



17 



Permit Procedures 



Sec. 30. 



ing or denying said permit, or revoking or refus- 
ing to revoke a permit, may exercise its sound 
discretion as to whether said permit should be 
granted, transferred, denied or revoked. 

(b) In the granting or denying of any per- 
mit, or the revoking or the refusing to revoke any 
permit with respect to a "dwelHng" in which 
"protected class members" are likely to reside 
(each as defined in Administrative Code Chapter 
87), the granting or revoking power shall comply 
with the requirements of San Francisco Admin- 
istrative Code Chapter 87 which requires, among 
other things, that the granting or revoking power 
not base any decision regarding the development 
of "dwellings" in which "protected class" mem- 
bers are likely to reside on information which 
may be discriminatory to any member of a "pro- 
tected class" (As all such terms are defined in 
San Francisco Administrative Code Chapter 87). 

(c) A department authorized to issue or trans- 
fer permits shall not issue or transfer a permit to 
any person who does not have a current business 
tax registration certificate when such person is 
required to obtain a business tax registration 
certificate pursuant to Section 1003 of Part III of 
the San Francisco Municipal Code. (Amended by 
Ord. 345-88, App. 8/4/88; Ord. 307-99, File No. 
990498, App. 12/3/99) 

SEC. 27. FEES. 

Persons applying for permits enumerated in 
Section 22 of this Article which are subject to the 
approval of the Fire Department shall, upon 
filing the application, pay a fee of $27 to cover 
the posting and advertising costs of said appli- 
cation, which fee shall be paid to the department 
to which said application is made. (Amended by 
Ord. 13-85, App. 1/11/85) 

SEC. 28. PUBLICATION, CERTAIN 
APPLICATIONS. 

All applications for the classes of permits 
referred to in Section 22 of this Article and 
applications for the transfer thereof, also notice 
to revoke same, except in any case where such 
proposed revocation is due to the failure to pay 
the license or permit fees fixed by law or ordi- 
nance, shall be published once in the ofHcial 



newspaper of the City and County, within 10 
days after the filing thereof with the department 
concerned. The cost of the publication of applica- 
tions for permits and applications for transfer of 
permits shall be paid by the applicant at the time 
of filing. The cost charged shall be the rate for 
such publication set by the official newspaper in 
effect on the date of application. (Amended by 
Ord. 175-80, App. 5/2/80) 

SEC. 29. POSTING NOTICE OF 
ISSUANCE OF PERMITS. 

Written notice of the issuance of all other 
permits by departments shall be posted for a 
period of five successive days by the department 
issuing such permit on a bulletin board to be 
maintained in a conspicuous place accessible to 
the public in the office where the original appli- 
cation is filed. 

The issuance, revocation or transfer of any 
permit enumerated in Section 22 of this Article 
shall not take effect until 10 days after action 
thereon, during which period appeal may be 
made to the Board of Appeals from the action 
taken by the department concerned. (Amended 
by Ord. 128-97, App. 4/9/97) 

SEC. 30. APPEALS TO BOARD OF 
APPEALS. 

On the issuance, denial or revocation of any 
permit, any applicant for a permit who is denied 
such permit, or any permittee whose permit is 
ordered revoked, or any person who deems that 
his interest or property, or that the general 
public interest will be adversely affected as the 
result of operations authorized by or under any 
permit granted or issued, or the transfer thereof, 
may appeal to the Board of Appeals. Such appeal 
shall be in writing, and except for variances, 
shall be filed with the Board of Appeals not later 
than 15 days after the action of the department 
from which the appeal is taken. An appeal from 
the decision on a variance shall be filed with the 
Board of Appeals not later than 10 days after the 
action of the Zoning Administrator. 

The form and notice of said appeal, and the 
procedure thereon, shall be as provided by ordi- 
nance, and when not so provided then in such 



Sec. 30. 



San Francisco - Business and Tax Regulations Code 



18 



form as is provided by the Board of Appeals. 
(Amended by Ord. 255-88, App. 6/22/88; Ord. 
128-97, App. 4/9/97) 

SEC. 31. APPLICATIONS BARRED FOR 
ONE YEAR. 

Whenever any person, firm or corporation 
shall make application for any permit, pursuant 
to the provisions of this Article, and said permit 
shall be denied by any officer, board, department 
or commission having jurisdiction so to do, and 
no appeal from the denial of said permit shall be 
taken, as provided in this Article, or when any 
appeal shall be taken to the Board of Appeals 
from any action or order of any officer, board, 
department or commission granting or denying 
any permit in connection with which appeal to 
the Board of Appeals is provided for and said 
Board of Appeals shall, in the instance where 
said permit has been granted, overrule, and in 
the instance where such permit had been denied, 
concur in, the judgment or order of said officer, 
board, department or commission, said applica- 
tion for said permit, nor for a like permit cover- 
ing the same location, shall not be renewed nor 
shall the same be heard by the officer, board, 
department or commission to whom or to which 
the original application was made until the ex- 
piration of one year from the date of the action on 
said original application by said officer, board, 
department or commission and there shall be no 
appeal to said Board of Appeals for failure or 
refusal to hear any such application within said 
one-year period, provided that when any permit 
is denied by reason of definite existing conditions 
which prevent the granting of said permit, and 
s£iid conditions are removed or remedied, the 
one-year's prohibition against reapplication will 
not apply. (Amended by Ord. 992, App. 1/14/41; 
Ord. 128-97, App. 4/9/97) 

SEC. 35. FEE FOR INSPECTION BY THE 
HEALTH DEPARTMENT. 

(a) Unless otherwise specifically provided, 
all fixed fees for inspection or permits which 
involve the Health Department shall be payable 
in advance annually. A filing fee of $240 payable 
in advance to the Health Department for each 



inspection for a permit is required for a first-time 
inspection of a premises or thing if such inspec- 
tion is requested or required as a condition of the 
issuance of a first permit or of a first license, 
except applications for permits for ambulances, 
refuse trucks, swill trucks, fumigation site sur- 
veillance, soft-serve ice cream machines and 
hazardous material storage. 

(b) When two or more food product and 
marketing establishments or food preparation 
and service establishments, or any combination 
thereof, subject to inspection are located on the 
same premises, are not contiguous to each other, 
and are conducted by one owner whether person, 
firm or corporation, a permit shall be required 
for each such establishment. 

(c) When the owner or lessee of premises 
where said class or classes of business are lo- 
cated or conducted does not directly or indirectly 
conduct the same, the owner or lessee of said 
premises shall not be required to obtain a permit 
for said premises or pay any fee imposed by this 
Section. 

(d) A fee of $63 shall accompany any appli- 
cation for a special event referred to in Section 
452(b) of the San Francisco Health Code. 

(e) Exemptions. The following establish- 
ments are exempt, as set forth in Section 249.1 of 
this Code, from paying fees: 

(1) Food preparation and service establish- 
ments used exclusively by day care facilities for 
children. 

(2) Food preparation and service establish- 
ments funded through the San Francisco Com- 
mission on Aging for nutrition projects for older 
individuals. 

(f) When the Health Department provides 
inspection services, whether in response to a 
permit or license application or by request, a fee 
of $135 per hour will be charged. When these 
services are provided during nonregular working 
hours, a fee of $155 per hour will be charged. 
"Inspection services" includes but is not limited 
to reviewing plans and blueprints, providing 
consultations and making site inspections. A bill 
for these services will be issued to the person 
making the application or request and must be 



19 



Permit Procedures 



Sec. 39. 



paid prior to the Department's providing the 
service. If the time expended exceeds what the 
Department anticipated, the Department shall 
bill the applicant or person making the request 
for the additional time expended and such per- 
son shall be responsible for paying that amount. 
Notwithstanding any other provision of this Sec- 
tion 35, all fees for routine, nonenforcement- 
related inspection services provided for solid 
waste transfer station permit issuance and com- 
pliance review will be included in the license fee 
required by Section 249.15 of this Article. 

(g) When the Health Department, while in 
the process of conducting inspections of busi- 
nesses required to have a valid Permit To Oper- 
ate, issued by the Department of Public Health, 
finds violations of local, state law or federal law, 
requiring follow up inspection(s) to determine if 
the documented violations have been corrected, 
the permitted establishment is liable for pay- 
ment to the San Francisco Department of Public 
Health a fee of $75 per half-hour of on-site 
inspection services. Violations subject to reinspec- 
tion fees include those listed as high-risk viola- 
tions on the Department of Public Health food 
inspection report. 

(h) Application, permit and inspection fees 
as provided for in Sections 35, 120, 248, 249, 
249.1, 249.2, 249.7, 249.12, 249.13, and 249.14 of 
the San Francisco Municipal Code Business and 
Tax Regulations Code and Section 258 of the San 
Francisco Municipal Code Public Health Code 
for fiscal years subsequent to 2005-06 shall be 
adjusted each year from those charged the pre- 
vious fiscal year based on cost of living allow- 
ances (COLA) as indicated in these Code Sec- 
tions. The Department will perform an annual 
review of the fees scheduled to be assessed the 
following fiscal year, subject to review by the 
Controller. Should this review determine that 
any of the scheduled fee revenues exceed pro- 
gram costs, a report will be filed with the Board 
of Supervisors no later than May 15 along with a 
proposed ordinance readjusting the fee rates as 
necessary to ensure that the fees do not produce 



more revenue than required to recover the costs 
of operating the program. (Ord. 270-85, App. 
5/30/85; amended by Ord. 443-86, App. 11/13/86; 
Ord. 341-88, App. 7/28/88; Ord. 244-91, App. 
6/24/91; Ord. 207-93, App. 6/25/93; Ord. 131-97, 
App. 4/18/97; Ord. 117-01, File No. 010515, App. 
6/1/2001; Ord. 5-05, File No. 041588, App. 1/8/ 
2005) 

SEC. 36. FEES, PENALTY FOR 
NONPAYMENT. 

If any fee provided for in Sections 35 and 35.1 
of this Article shall not be paid within 30 days 
after the same shall become due and payable as 
herein provided, 10 percent of the amount thereof 
shall be added thereto as a penalty for nonpay- 
ment, and if said fees are not paid within 60 days 
after becoming due 15 percent of the amount 
thereof shall be added thereto, and if not paid 
within 90 days after becoming due 25 percent of 
the amount thereof shall be added thereto. 
(Amended by Ord. 478-60, App. 9/15/60) 

SEC. 37. INSPECTIONS, HOW MADE. 

The inspections for which the fees provided 
for in Section 35 of this Article are imposed shall 
be made by the officer, board or commission 
charged by law or ordinance with making said 
inspection. 

SEC. 38. DISPLAY OF CERTIFICATE. 

All certificates of inspection when issued 
shall at all times be displayed in the premises for 
which the same are issued, said display to be 
made in such manner that said certificate shall 
at all times be visible to the public. 

SEC. 39. DUTIES OF POLICE 
OFFICERS. 

All police officers in addition to their several 
duties as police officers are hereby required to 
examine all premises in their respective beats 
subject to the fee imposed in Section 35 of this 
Article and to see that such fees have been paid 
and in addition to Deputy Tax Collectors shall 
have and exercise the power: 

First, to make arrests for violation of any of 
the provisions of Sections 35 to 38, inclusive, of 
this Article; 



Sec. 39. San Francisco - Business and Tax Regulations Code 20 



Second, to enter free of charge at any time 
any premises which is required by Sections 35 to 
38, inclusive, of this Article to pay an inspection 
fee and to demand the exhibition of the receipt of 
such inspection fee for the current term, and if 
such person shall then and there fail to exhibit 
such receipt from the Tax Collector such person 
shall be liable to the penalty provided for viola- 
tion of Sections 35 to 39, inclusive, of this Article. 

It is hereby made the duty of the police 
officers to cause complaints to be filed against 
corporations occupying premises within their 
respective beats and not having paid the inspec- 
tion fee, with their addresses, and deliver such 
list to the Tax Collector. 

The Chief of Police is hereby directed to carry 
into effect the provisions of Sections 35 to 39, 
inclusive, of this Article. 

SEC. 40. PENALTY. 

Any person, firm or corporation maintaining 
or attempting to maintain any of the premises 
mentioned in Sections 35 to 38, inclusive, of this 
Article, without the payment of the inspection 
fee therein provided for, or guilty of violating any 
of the provisions of Sections 35 to 39, inclusive, of 
this Article, shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punishable 
by a fine of not more than $300 or by imprison- 
ment in the County Jail for a term not exceeding 
three months, or by both such fine and impris- 
onment. 



[The next page is 31] 



ARTICLE 2: LICENSE FEES 



Sec. 


75. 


General Provisions. 


Sec. 


129.3 


Sec. 


75.1. 


Surcharge on Certain License 


Sec. 


129.4 






Fees. 


Sec. 


129.5 


Sec. 


76. 


Licenses Payable in Advance, 
Where Payable, Penalty for 
Nonpayment. 






Sec. 


76.5. 


Driver of Motor Vehicle For 


Sec. 


133. 






Hire; Renewal of Annual 


Sec. 


134. 






License. 


Sec. 


135. 


Sec. 


77. 


Transfers of License. 


Sec. 


141. 


Sec. 


78. 


Evidence of Liability. 


Sec. 


143. 


Sec. 


79. 


License to be Exhibited. 


Sec. 


144. 


Sec. 


80. 


Applicant to be Examined. 






Sec. 


81. 


Police Officers to be License 


Sec. 


145. 






Inspectors. 


Sec. 


149. 


Sec. 


82. 


Animals and Birds. 






Sec. 


90. 


Garages. 


Sec. 


159. 


Sec. 


93. 


Sei'vice Stations. 


Sec. 


192. 


Sec. 


93.1. 


Self-Service Stations. 


Sec. 


193. 


Sec. 


94. 


Automobile Parking Stations. 


Sec. 


194. 


Sec. 


95. 


Boxing and Wrestling 










Exhibitions. 


Sec. 


195. 


Sec. 


97. 


Baseball Parks. 






Sec. 


98. 


Bathing Establishments. 


Sec. 


220. 


Sec. 


100. 


Bowling Alleys. 


Sec. 


221. 


Sec. 


106. 


Carpet Cleaning. 


Sec. 


221.1. 


Sec. 


112. 


Concerts. 






Sec. 


115. 


Exhibitions. 


Sec. 


221.2. 


Sec. 


118. 


House Raising and Moving. 


Sec. 


221.3. 


Sec. 


120. 


Laundries and Cleaning and 










Dyeing Works. 


Sec. 


236. 


Sec. 


120.1. 


Laundry Delivery Businesses or 
Services. 


Sec. 


237. 


Sec. 


122. 


Livery Stables. 


Sec. 


238. 


Sec. 


129. 


Limousine and Sightseeing Bus 
Stands. 


Sec. 


239. 


Sec. 


129.1. 


Refund of License Fees; 
Findings and Declaration. 


Sec. 


240. 


Sec. 


129.2. 


Passenger Zones. 


Sec. 


241. 



Limited Parking Zones. 

Driveway No-Parking Zones. 

Painting and Renewal Painting 

Fees for Passenger Zones, 

Limited Parking Zones and 

Driveway No-Parking Zones. 

Picture Film Exchanges. 

Regulators, Gas. 

Riding Academies. 

Storage of Oils. 

Theaters. 

Drive-in Moving Picture 

Theaters. 

Towel Companies. 

Automobile Repairing, Special 

Branches of. 

Vaudeville Houses. 

Real Estate Signs. 

Identification of Owner on Sign. 

Identification of Owner on 

Vehicles. 

Identification of Billposting 

Employee. 

Dog Kennel Defined. 

License Fees for Dog Kennels. 

Legal Effect of License or 

Permit. 

Animals Used in Business. 

Special Animal Control and 

Welfare Fund. 

Tire Rebuilding Plants. 

Places of Public Assembly and 

Open-Air Assembly. 

Nitrocellulose Film and Plastics. 

Storage of Certain Combustible 

Materials. 

Storage and Use of Flammable 

Liquids. 

Fumigation and Fogging. 



31 



Supp. No. 10, July/August 2007 



San Francisco - Business and Tax Regulations Code 



32 



Sec. 242. Storage and Use of Liquefied 

Gases and Compressed Gases. 
Sec. 242.1. Reserved. 
Sec. 243. Erection and Use of Acetylene 

Generators; Storage of Calcium 

Carbide. 
Sec. 244. Application of Flammable 

Finishes; and Use and 

Operation of Industrial Baking 

and Drjdng Ovens. 
Sec. 245. Processing of Certain 

Hazardous Materials. 
Sec. 246. Operating a Tank Vehicle. 

Sec. 247. Hazardous Chemicals. 

Sec. 248. Food Product and Marketing 

Establishments. 
Sec. 249. Meat and Meat Food Product 

Vehicles. 
Sec. 249.1. Food Preparation and Service 

Establishments . 
Sec. 249.2. School Food Concessions. 
Sec. 249.3. Salvage Goods and 

Merchandise. 
Sec. 249.4. Cigar and Mattress Factories. 
Sec. 249.5. Pet Shops, Dog Kennels, 

Hospitals for Sick Animals. 
Sec. 249.6. Vehicles for the Transportation 

of Refuse and Adjudication of 

Rate Disputes. 
Sec. 249.7. Swimming Pools. 
Sec. 249.8. Private Ambulances. 
Sec. 249.9. Use of Poisonous Gas, Etc. 
Sec. 249.11. Temporary Permits; Fees. 
Sec. 249.12. Food Vending Machines. 
Sec. 249.13. Wells and Well Water. 
Sec. 249.14. Certified Testers. 
Sec. 249.15. Solid Waste Transfer Station 

License Fee. 
Sec. 249.16. Tobacco Sales Permit Fee. 
Sec. 249.17. Place of Entertainment. 
Sec. 249.18. Extended Hours Premises. 
Sec. 249.19. Mechanical Amusement Device. 
Sec. 249.20. Medical Cannabis Dispensary 

License Fee. 



SEC. 75. GENERAL PROVISIONS. 

Every person, firm or corporation now or 
hereafter liable to pay any license, license tax, 
fee or money, under any Ordinance or Ordi- 
nances of the City and County of San Francisco 
heretofore, now or hereafter existing, shall be 
liable in a civil action, in the name of the City 
and County of San Francisco, for the amount of 
such license, license tax, fee or money. 

The amount of any license, license tax, fee or 
money heretofore, now or hereafter required to 
be paid by any Ordinance or Ordinances of the 
City and County of San Francisco and now or 
hereafter remaining unpaid by the person, firm 
or corporation liable to pay the same, shall be 
deemed a debt due the City and County of San 
Francisco and the Tax Collector of the City and 
County of San Francisco is hereby authorized 
and empowered to direct suit to be brought by 
the City Attorney of the City and County of San 
Francisco, and upon such direction or request 
the City Attorney is hereby authorized and re- 
quired to bring suit, in the name of the City and 
County of San Francisco, for the recovery of the 
amount of such license, license tax, fee or money, 
against any person, firm or corporation so liable 
to pay the same. 

The City Attorney, or the Tax Collector of the 
City and County of San Francisco, on behalf of 
the City and County of San Francisco, may make 
the necessary affidavit for, and a writ of attach- 
ment may issue without any undertaking or 
bond given on behalf of the plaintiff; and in case 
of recovery by the plaintiff $25 damages must be 
added to the judgment as costs to be collected 
from the defendant or defendants. 

Nothing herein contained shall bar or pre- 
vent a criminal prosecution for each and every 
violation of any Ordinance. No judgment in a 
civil suit or payment of the same, or payment of 
the license, shall bar or prevent such criminal 
prosecution. 

All persons, firms or corporations must pay 
the license, license tax, fee or money to the 
proper officer and take out a license without any 
tender of such license, or demand for the license 
tax or fee or money. 



Supp. No. 10, July/August 2007 



33 



License Fees 



Sec. 76.5. 



SEC. 75.1. SURCHARGE ON CERTAIN 
LICENSE FEES. 

In addition to the annual or quarterly license 
fees required in Sections 90, 93, 94, 97, 118, 141, 
143, 236, 237, 238, 239, 240, 242, 243, 244, 245 
and 247, there is hereby required the payment of 
a $5 surcharge to be payable during the calendar 
year 1973 together with the specified license fee. 
The surcharge shall be paid at the same time the 
license fee is paid. 

This surcharge shall be for the purpose of 
making a microfilm record system for all build- 
ing records and providing for the necessary ser- 
vices, equipment, material and related costs at- 
tendant thereto. All surcharge fees collected shall 
be deposited into the Building Record Fund of 
the Department of Public Works as established 
in Section 319.2 of the Building Code. (Added by 
Ord. 325-72, App. 11/9/72) 

SEC. 76. LICENSES PAYABLE IN 
ADVANCE, WHERE PAYABLE, PENALTY 
FOR NONPAYMENT. 

Unless otherwise specifically provided, in all 
cases of annual licenses, collectible on the first 
day of January, April, July or October, fees for 
new licenses issued prior to or subsequent to said 
date shall be prorated to the end of the yearly 
period on a monthly basis. 

In all cases of licenses on new business col- 
lectible at periods other than the months of 
October, January, April and July, the Tax Collec- 
tor shall prorate on a monthly basis the amount 
or license fee for any given quarter. 

Whenever a license tax is imposed by Ordi- 
nance it shall be unlawful to do or perform the 
act or to carry on the business, trade, profession 
or calling for which a license is required or to 
own, keep or use the article or thing, for the 
owning, keeping or using of which a license is 
required, unless such license be first procured. 

All licenses are payable, when due, at the 
office of the Tax Collector, in the City Hall, and if 
not paid within 30 days after the same become 
due, the Tax Collector shall add 10 percent to the 
amount of the license as a penalty for nonpay- 
ment. If the license is not paid within 60 days 



after the same becomes due, the Tax Collector 
shall add 15 percent to the amount of the license 
as a penalty for nonpayment. If the license is not 
paid within 90 days after same becomes due, the 
Tax Collector shall add 25 percent to the amount 
of the license, as a penalty for nonpayment, 
provided, however, when a licensee has failed for 
a period of six months or more to pay a license 
fee, and has allowed the license to become delin- 
quent for this or a longer period, the Tax Collec- 
tor shall, in such instance, impose a penalty of 25 
percent on the total amount of license delin- 
quent, and shall turn over a complete list of such 
licensees to the Chief of Police for arrest and 
prosecution, under the provisions of this Article. 
Nothing shall permit the exemption of the pen- 
alty mentioned in this Section. (Amended by 
Ord. 274-64, App. 10/16/64) 

SEC. 76.5. DRIVER OF MOTOR 
VEHICLE FOR HIRE; RENEWAL OF 
ANNUAL LICENSE. 

(a) Notwithstanding the provisions of Sec- 
tion 76 of this Code or Sections 2.16 and 1089 of 
the Police Code: 

(1) A permit-holder who renews his or her 
motor vehicle for hire driver's permit on or after 
February 1 but prior to March 1 must pay an 
additional 10 percent of the amount of the stated 
license fee to the Tax Collector as a penalty for 
nonpayment. 

(2) A permit-holder who renews his or her 
motor vehicle for hire driver's permit on or after 
March 1 but prior to April 1 raust pay an addi- 
tional 15 percent of the amount of the stated 
license fee to the Tax Collector as a penalty for 
nonpayment. 

(3) A permit-holder who renews his or her 
motor vehicle for hire driver's permit on or after 
April 1 but prior to May 1 must: 

(A) Complete an application for a motor 
vehicle for hire driver's permit under Police Code 
Section 1089 and pay the applicable permit filing 
fee under Police Code Section 2.26.1, and 

(B) Pay the applicable license fee under 
Police Code Section 2.27.1, and an additional 25 
percent of the amount of the stated license fee to 
the Tax Collector as a penalty for nonpayment. 



Supp. No. 10, July/August 2007 



Sec. 76.5. 



San Francisco - Business and Tax Regulations Code 



34 



(b) If a permit-holder fails to renew his or 
her motor vehicle for hire driver's permit by May 
1, the permit shall expire by operation of law on 
that date and the permit-holder must obtain a 
new permit pursuant to Police Code Section 1089 
and pay all applicable fees, including the permit 
filing fee under Police Code Section 2.26.1, in 
order to operate a motor vehicle for hire; pro- 
vided, however, that in order to invoke these 
provisions, the Taxi Commission must have sent 
notice to the permit-holder prior to May 1 ex- 
plaining that the permit is about to expire and 
the effect of that expiration on obtaining a new 
permit. (Added by Ord. 25-07, File No. 061526, 
App. 2/9/2007) 

SEC. 77. TRANSFERS OF LICENSE. 

No license granted or issued under any of the 
provisions of any ordinance shall be in any 
manner assignable or transferable, or authorize 
any person other than is therein mentioned or 
named to do business or authorize any other 
business than is therein mentioned or named to 
be done or transacted, at any place other than is 
therein mentioned or named. 

SEC. 78. EVIDENCE OF LIABILITY. 

In any action brought under or arising out of 
any of the provisions of any Ordinance imposing 
a license tax, the fact that a party thereto repre- 
sented himself or herself as engaged in any 
business or calling for the transaction of which a 
license is required, or that such party exhibited a 
sign indicating such business or calling, shall be 
conclusive evidence of the liability of such party 
to pay for a license. 

SEC. 79. LICENSE TO BE EXHIBITED. 

Every person having a Municipal License 
shall exhibit the same at all times, while in force, 
in some conspicuous part of the place of business 
for which it is issued. 

SEC. 80. APPLICANT TO BE 
EXAMINED. 

In all cases where the rate of license tax is 
gi'aduated according to the amount of business 
done, or according to any other matter peculiarly 



within the knowledge of the person liable for 
license, such person must be examined at the 
Tax Collector's office or upon the premises in 
regard to such matters, and must be required to 
subscribe to a sworn statement, or affidavit that 
he has, to the best of his knowledge and belief, 
truly answered all questions touching the amount 
of license or kind of license for which he applies 
or is liable. 

It is within the discretion of the Tax Collector 
to refuse to accept anything but an advanced 
rate of license tax until he has determined, by an 
inspection of account books or other evidence, 
that a lower rate is justifiable. 

In all cases where the rate of license tax is 
graduated according to the amount of business 
done periodically, as monthly, quarter or annu- 
ally, the amount of license tax to be charged in 
advance shall be determined by the business 
done in the next month, quarter or year prior to 
the period for which the license tax is due, unless 
by Ordinance it be specifically provided other- 
wise. In case there have been no receipts for the 
previous month, quarter or year, the lowest rate 
of license tax shall be paid. This same rule for 
determining the amount of license tax shall 
apply wherever the amount of license tax is to be 
determined in accordance with the amount of 
profits made or the amount of commissions re- 
ceived, or the amount of sale made or the amount 
of receipts, or by any other contingency or cir- 
cumstance. 

SEC. 81. POLICE OFFICERS TO BE 
LICENSE INSPECTORS. 

All police officers are hereby appointed in- 
spectors of licenses, and in addition to their 
several duties as police officers, are hereby re- 
quired to examine all places of business and 
persons in their respective beats liable to pay a 
license, and to see that such licenses are taken 
out, and in addition to Deputy Tax Collectors 
shall have and exercise the power: 

First, to make arrests for the violation of any 
of the provisions of Sections 75 to 160, inclusive, 
of this Article. 



Supp. No. 10, July/August 2007 



35 



License Fees 



Sec. 95. 



Second, to enter free of charge, at any time, 
any place of business for which a hcense is 
required by Sections 75 to 160, inclusive, of this 
Article and to demand the exhibition of such 
license for the current term by any person en- 
gaged or employed in the transaction of such 
business and if such person shall then and there 
fail to exhibit such license, such person shall be 
liable to the penalty provided for a violation of 
Sections 75 to 160, inclusive, of this Article. 

It is hereby made the duty of the police 
officers to cause complaints to be filed against all 
persons violating any of the provisions of Sec- 
tions 75 to 160, inclusive, of this Article. 

Such police officers as such inspectors of 
licenses shall make out once a month a list of 
persons, firms or corporations carrying on busi- 
ness within their respective beats, and having no 
license, with their addresses, and deliver such 
list carefully and legibly written to the Tax 
Collector, and also report to the Tax Collector the 
names of all such doing business without a 
license immediately upon the fact coming to 
their knowledge. 

Any police officer failing or neglecting for 
more than 30 days to report any person, firm or 
corporation who or which is engaged in carrying 
on business without having paid the required 
license, shall be guilty of neglect of duty, and be 
either suspended from duty or dismissed from 
the Police Force, in the discretion of the Police 
Commission. 

The Chief of Police is hereby directed to carry 
into effect the provisions of this Section. 

SEC. 82. ANIMALS AND BIRDS. 

Every person, firm or corporation (except 
theaters and circuses) maintaining and conduct- 
ing any place where animals or birds are exhib- 
ited, and an admission fee is charged, shall pay a 
license of $12 per quarter. 

SEC. 90. GARAGES. 

Every person, firm or corporation engaged in 
the business of operating or maintaining a ga- 
rage that requires a permit from the Fire Depart- 



ment shall pay an annual license fee for such 
garage of $270.00 per annum. (.;\mended by Ord. 
13-85, App. 1/11/85; Ord. 180-04, File No. 040739, 
App. 7/22/2004; Ord. 184-07, File No. 070813, 
App. 8/3/2007) 

SEC. 93. SERVICE STATIONS. 

Every person, firm or corporation engaged in 
the business of maintaining, conducting or oper- 
ating a service station that requires a permit 
from the Fire Department shall pay an annual 
hcense fee of $270.00. (Amended by Ord. 13-85, 
App. 1/11/85; Ord. 180-04, File No. 040739, App. 
7/22/2004; Ord. 184-07, File No. 070813, App. 
8/3/2007) 

SEC. 93.1. SELF-SERVICE STATIONS. 

Every person, firm or corporation engaged in 
the business of maintaining, conducting or oper- 
ating a self-service station that requires a permit 
from the Fire Department, and jointly adminis- 
tered by the Fire and Health Departments, shall 
pay an annual license fee of $270.00. (Amended 
by Ord. 13-85, App. 1/11/85; Ord. 180-04, File No. 
040739, App. 7/22/2004; Ord. 184-07, File No. 
070813, App. 8/3/2007) 

SEC. 94. AUTOMOBILE PARKING 
STATIONS. 

Every person, firm or corporation engaged in 
the business of maintaining, conducting or oper- 
ating an automobile parking station that re- 
quires a permit from the Fire Department shall 
pay an annual license fee of $270.00 per year. 
(Amended by Ord. 13-85, App. 1/11/85; Ord. 
180-04, File No. 040739, App. 7/22/2004; Ord. 
184-07, File No. 070813, App. 8/3/2007) 

SEC. 95. BOXING AND WRESTLING 
EXHIBITIONS. 

Every person, firm or corporation conducting, 
carrying on or managing a boxing or wrestling 
exhibition, shall pay a license fee of $10 for each 
such exhibition. 

Provided that no license shall be exacted 
from bona fide athletic organizations where box- 
ing or wrestling exhibitions are given for the 



Supp. No. 10, July/August 2007 



Sec. 95. 



San Francisco - Business and Tax Regulations Code 



36 



entertainment of the members thereof and to 
which no admission fee is charged, directly or 
indirectly. 

SEC. 97. BASEBALL PARKS. 

Every proprietor, lessee or manager of any 
uncovered enclosure wherein baseball games are 
held, where an admission fee is charged, shall 
pay a license fee of $150 per quarter; provided 
that this Section shall not apply to baseball 
grounds under the control of any religious, be- 
nevolent or educational institution. 

SEC. 98. BATHING ESTABLISHMENTS. 

Every owner, manager or lessee of a ham- 
mam or Turkish bathing establishment, or of a 
public bathing tub, or tubs, will pay the inspec- 
tion fee to the Health Department of $10 pro- 
vided for in Section 35 of this Part III of the 
Municipal Code for a first inspection and will pay 
the following license fee annually, in advance: 
$25. 

The license fees prescribed by this Section 
are due and payable on a calendar-year basis 
starting January 1, 1961. Fees for new licenses 
issued prior to January 1, 1961, or after the first 
of January in that calendar year or in any 
subsequent calendar year shall be prorated to 
the end of the calendar year on a monthly basis. 
0\mended by Ord. 193-61, App. 7/27/61) 

SEC. 100. BOWLING ALLEYS. 

Every person, firm or corporation owning, 
leasing, maintaining or conducting any bowling 
alley establishment shall pay a license fee of $10 
per quarter therefor. 

The license issued under the provisions of 
this Section shall be issued for a period of three 
months, and shall date from the expiration of the 
last license or from the date upon which the 
applicant shall have commenced business. 

SEC. 106. CARPET CLEANING. 

Every person, firm or corporation engaged in 
the business of beating, cleaning or renovating 
carpets, who or which is not required to obtain a 
license for such business under the provisions of 



Section 120 of this Article, shall pay a license fee 
of $2.50 per quarter. (Amended by Ord. 1460, 
App. 12/12/41) 

SEC. 112. CONCERTS. 

Every person, firm or corporation holding, 
promoting or giving a concerts, shall pay a li- 
cense fee for each day of such performance de- 
pending upon the seating capacity of the place, 
as follows: 

Places with a seating capacity of less than 
500, $5; 

Places with a seating capacity of 500 or over, 
$10. 

A "concert" within the meaning of this Sec- 
tion shall be an entertainment open to the public 
at large, the principal part of which shall be 
composed of vocal or instrumental music or both, 
and to which an admission fee is charged. 

SEC. 115. EXHIBITIONS. 

Every owner or lessee of any show, exhibition 
or performance for which a license is not other- 
wise specifically provided, shall pay a license fee 
of $10 per day for each and every day on which 
any show, exhibition or performance is given. 

SEC. 118. HOUSE RAISING AND 
MOVING. 

Every person, firm or corporation engaged in 
the business of house raising or house moving or 
shoring or holding up buildings shall pay a 
license fee of $10 per quarter. 

Provided, that any person, firm or corpora- 
tion having a valid license as provided for in this 
Section shall be exempt from the provisions of 
Sections 200 to 207, inclusive, Article 2, Part III, 
of the San Francisco Municipal Code. 

It shall be unlawful for any person, firm or 
corporation, except the holder of a license pro- 
vided by this Section, to move or raise from its 
foundation, or to support or carry upon screws, 
cribs or rollers, or by any other means, any 
building, or any part thereof, used or intended 
for human occupation, and having a ground area 
of more than 100 square feet. 



Supp. No. 10, July/August 2007 



37 



License Fees 



Sec. 120.1. 



Whenever the owner of any building in- 
tended for human occupation shall desire to 
move the same along any public street, he must 
make a written application to the Department of 
Public Works for permission so to do. 

The Department of Public Works is empow- 
ered to grant such permission and to fix the 
amount of money that the applicant shall deposit 
with the said Department as security for the 
proper restoration of any portion of a street that 
may be disturbed or torn up in consequence of 
the moving of any building; providing that such 
amount to be deposited shall be not less than 
$100 nor more than $500. 

A further sum not exceeding $25 shall be 
deposited with the Chief of the Department of 
Electricity to defray all expenses of said Chief of 
the Department of Electricity in taking charge of 
taking down, removing, fixing and repairing the 
wires or system, or any portion thereof, or any 
damage thereto, connected with said Depart- 
ment of Electricity, in consequence of the moving 
of any building. 

In lieu of the above-stated cash deposits the 
applicant may execute and file with the Central 
Permit Bureau of the Department of Public Works 
in the penal sum of $5,000 and the Department 
of Electricity in the penal sum of $500, corporate 
surety bonds with a surety company authorized 
to do business in the State of California as surety 
thereon, running in favor of the City and County 
of San Francisco, approved as to form by the City 
Attorney and as to the sufficiency of surety by 
the Controller. 

The permittee shall be required to properly 
restore any portion of a street that may be 
disturbed or torn up, and to remove all timbers, 
appliances or debris placed, or accumulated 
thereon, and leave such portion of a street broom 
clean within 24 hours after the building has been 
moved over the same. 

Should the permittee fail to properly restore 
such portion of a street within the time set forth 
herein, to the satisfaction of the Department of 
Public Works, said Department is empowered, 
without notice, to contract with any suitable 
person to restore and clean such street, and to 



pay to such person out of the deposit money the 
reasonable cost of such work. The determination 
of the Department of Public Works as to the 
amount of money that shall be deemed a reason- 
able cost shall be final and conclusive. (Amended 
by Ord. 6986, App. 10/22/51) 

SEC. 120. LAUNDRIES AND CLEANING 
AND DYEING WORKS. 

(a) Every owner, manager or lessee of a 
hand laundry will pay the following license fee 
annually in advance to the Tax Collector: $70. 

(b) Every owner, manager or lessee of a 
wash laundry will pay the following license fee 
annually in advance to the Tax Collector: $151. 

(c) Every owner, manager or lessee of a 
cleaning, dyeing or cleaning and dyeing works 
will pay the following fee annually in advance: 
$18. 

(d) Every owner, manager or lessee of an 
automatic laundry (mechanical, pay-to-operate, 
washing or dyeing machine) will pay the follow- 
ing license fee annually in advance to the Tax 
Collector: $23 plus $9 per machine. 

(e) Every owner, manager or lessee of a 
laundry delivery service will pay the following 
license fee annually in advance to the Tax Col- 
lector: $21 per delivery vehicle per year. 

The license fees prescribed by this Section 
are due and payable the first day of January of 
each year. Fees for new licenses issued prior to 
January 1st shall be prorated to the end of such 
calendar year on a monthly basis. (Amended by 
Ord. 53-82, App. 2/11/82; Ord. 369-88, App. 8/5/ 
88; Ord. 207-93, App. 6/25/93; Ord. 131-97, App. 
4/18/97; Ord. 117-01, File No. 010515, App. 6/1/ 
2001; Ord. 5-05, File No. 041588, App. 1/8/2005) 

SEC. 120.1. LAUNDRY DELIVERY 
BUSINESSES OR SERVICES. 

All persons or firms operating laundry deliv- 
ery businesses or services in San Francisco who 
are required to obtain permits therefor as pro- 
vided in Part III, Section 1.25 of the San Fran- 
cisco Municipal Code and who are or represent 
themselves as City-wide or Bay Area-wide ser- 
vices, shall provide such delivery service to all 



Supp. No. 10, July/August 2007 



Sec. 120.1. 



San Francisco - Business and Tax Regulations Code 



38 



areas of the City and County of San Francisco. 
Violation of this Section may constitute grounds 
for denial or revocation of the permit. (Added by 
Ord. 53-82, App. 2/11/82) 

SEC. 122. LIVERY STABLES. 

All keepers or owners of stables or barns who 
rent or let horses, vehicles, or stalls, or who 
board horses, shall pay a license fee of $131 per 
year. 

The license fee prescribed in this Section is 
due and payable on an annual basis, commenc- 
ing October 1, 1978. (Amended by Ord. 531-78, 
App. 12/1/78; Ord. 207-93, App. 6/25/93) 

SEC. 129. LIMOUSINE AND 
SIGHTSEEING BUS STANDS. 

The holder of each permit for a limousine or 
sightseeing bus stand on any street shall pay a 
license fee therefor of $2.50 per quarter for each 
vehicle permitted to stand thereat, such quarters 
to commence on the first day of January, April, 
July and October. Curb space designated in any 
such permit shall be painted the color designated 
by law only after the permit holder shall have 
paid a fee to the Tax Collector of $0.25 per lineal 
foot to cover the cost to the City and County and 
painting of said curb space shall not be contin- 
ued unless semiannual payments of like amount 
are made to the Tax Collector within 30 days 
after each January 1st and July 1st thereafter. 
Fees collected for such painting shall be depos- 
ited in the Treasury to the credit of the fund 
authorized for expenditure for such curb paint- 
ing. (Amended by Ord. 348-77, App. 7/22/77) 

SEC. 129.1. REFUND OF LICENSE FEES; 
FINDINGS AND DECLARATION. 

The Board of Supervisors hereby finds and 
declares that the license fee imposed, pursuant 
to the provisions of Ordinance No. 6-77, upon 
holders of permits to occupy space in public 
stands is greatly in excess of the cost to the City 
and County of regulation and inspection in con- 
nection therewith and is based upon erroneous 
information furnished to said Board of Supervi- 
sors. Accordingly, any such license fee imposed 
by and paid to a City and County department, 



board or commission is hereby deemed to have 
been erroneously collected and may be refunded 
in accordance with the provisions of Article VI, 
Chapter 10 (commencing with Section 10.43) of 
the San Francisco Administrative Code. (Added 
by Ord. 348-77, App. 7/22/77) 

SEC. 129.2. PASSENGER ZONES. 

"Passenger Zone" is hereby defined to be that 
portion of the roadway adjacent to a curb which 
has been marked in the color white as provided 
by Section 21458 of the Vehicle Code of the State 
of California. Except for public buildings and 
except for holders of passenger zone permits 
which have been issued on or after October 1, 
1988 for buildings occupied by private nonprofit 
organizations whose exclusive function is serv- 
ing senior citizens and the handicapped, and 
private nonprofit educational institutions provid- 
ing education to students in grades eight or 
lower, and these organizations are conducting 
nonprofit activities, the holder of each permit for 
a passenger zone on any public street shall pay a 
fee therefor as set forth in Section 129.5. (Amended 
by Ord. 116-83, App. 3/11/83; Ord. 543-88, App. 
12/27/88) 

SEC. 129.3. LIMITED PARKING ZONES. 

"Limited Parking Zone" is hereby defined to 
be that portion of the roadway adjacent to a curb 
which has been marked in the color green as 
provided by Section 21458 of the Vehicle Code of 
the State of California. The holder of each permit 
for a limited parking zone on any public street 
shall pay a fee therefor as set forth in Section 
129.5. (Amended by Ord. 394-81, App. 7/3/81) 

SEC. 129.4. DRIVEWAY NO-PARKING 
ZONES. 

"Driveway No-Parking Zone" is hereby de- 
fined to be that portion of the roadway adjacent 
to a depressed curb which has been marked in 
the color red as provided by Section 21458 of the 
Vehicle Code of the State of California. (Amended 
by Ord. 394-81, App. 7/3/81) 



Supp. No. 10, July/Au^^st 2007 



39 



License Fees 



Sec. 135. 



SEC. 129.5. PAINTING AND RENEWAL 
PAINTING FEES FOR PASSENGER 
ZONES, LIMITED PARKING ZONES AND 
DRIVEWAY NO-PARKING ZONES. 

The painting fee and renewal painting fee for 
passenger zones, limited parking zones and drive- 
way no-parking zones shall be as follows: 

( 1) Passenger zones (White). Initial paint- 
ing fee shall be $280 per zone. Renewal painting 
fees shall be $125 per zone and must be paid by 
the permittee every two years after the initial 
painting. Thirty days prior to each two-year 
anniversary of the initial painting, the Depart- 
ment of Parking and Traffic shall mail the per- 
mittee a bill requiring payment of the renewal 
painting fee within 30 days. If payment by the 
permittee is received within the 30-day period, 
the Department of Parking and Traffic shall 
repaint the permittee's zone. If payment of the 
renewal painting fee is not received within the 
30-day period, the Department of Parking and 
Traffic shall mail notice to the permittee that 
such zone shall be removed if payment is not 
thereafter received within 10 days of the mailing 
of such notice. If payment is not received within 
said 10 days, the Department of Parking and 
Traffic shall remove such zone. A "zone" is de- 
fined as 22 lineal feet or fraction thereof 

No white zones shall be permitted if ad- 
equate spaces such as red zones for fire hydrants 
or curbcuts for entrances to garages are avail- 
able immediately adjacent to the proposed white 
zones. 

(2) Limited Parking Zones (Green). Ini- 
tial painting fee shall be $280 per zone. Renewal 
painting fees shall be $125 per zone and must be 
paid by the permittee every two years after the 
initial painting. Thirty days prior to each two- 
year anniversary of the initial painting, the 
Department of Parking and Traffic shall mail the 
permittee a bill requiring payment of the re- 
newal painting fee within 30 days. If payment by 
the permittee is received within the 30-day pe- 
riod, the Department of Parking and Traffic shall 
repaint the permittee's zone. If payment of the 
renewal painting fee is not received within the 
30-day period, the Department of Parking and 



Traffic shall mail notice to the permittee that 
such zone shall be removed if payment is not 
thereafter received within 10 days of the mailing 
of such notice. If payment is not received within 
said 10 days, the Department of Parking and 
Traffic shall remove such zone. A "zone" is de- 
fined as 22 lineal feet or fraction thereof 

(3) Driveway No-Parking Zones (Red). 

Initial painting fee shall be $55 per zone. Upon 
request of the permittee for repainting, the re- 
newal painting fee shall be $55 per zone. A "zone" 
is defined as six lineal feet or fraction thereof. 

(4) There is hereby created a Curb Painting 
Fund wherein all funds received under the pro- 
visions of this Section shall be deposited. All 
expenditures from the Fund shall be for the costs 
related to the painting of curbs, and all such 
expenditures are hereby appropriated for said 
purposes. (Amended by Ord. 580-85, App. 12/27/ 
85; Ord. 247-94, App. 6/30/94) 

SEC. 133. PICTURE FILM EXCHANGES. 

Every person, firm or corporation operating 
or maintaining an office or place where moving 
picture films are sold, leased, released or fur- 
nished to any moving picture house or theater or 
any place where such pictures are exhibited in 
the City and County of San Francisco, shall pay 
a license fee of $25 per quarter for each place or 
office maintained. 

SEC. 134. REGULATORS, GAS. 

Every person, firm or corporation engaged in 
the business of leasing or renting gas regulators 
shall pay a license fee of $5 per quarter. (Amended 
by Ord. 1043, App. 2/18/41) 

SEC. 135. RIDING ACADEMIES. 

Every person, firm, association or corpora- 
tion, owning, maintaining or conducting any 
riding academy or riding school shall pay a 
license fee annually of $100 payable in advance. 

The license fees prescribed by this Section 
are due and payable on a calendar-year basis 
starting January 1, 1961. Fees for new licenses 
issued prior to January 1, 1961, or after the first 
day of January in that calendar year or in any 



Supp. No. 10, July/August 2007 



Sec. 135. 



San Francisco - Business and Tax Regulations Code 



40 



subsequent calendar year, shall be prorated to 
the end of the calendar year on a monthly basis. 
(Amended by Ord. 94-68, App. 4/19/68) 

SEC. 141. STORAGE OF OILS. 

Every person, firm or corporation engaged in 
the business of storing petroleum, or any product 
of petroleum or other oil shall, subject to the 
regulations of the Board of Supervisors relative 
thereto, pay a license fee, as follows: 

For the storage of 20,000 gallons or less, $20 
per quarter; 

For the storage of over 20,000 gallons, $100 
per quarter. 

SEC. 143. THEATERS. 

Every person, firm or corporation maintain- 
ing, conducting or operating a theater, motion 
picture theater or other place of amusement, 
excepting places of amusement licensed under 
Section 110 and 159 of this Article and except a 
circus or show, exhibition or performance given 
under canvas or cloth covering or enclosure, 
shall pay a license fee according to the seating 
capacity of such theater or other place of amuse- 
ment, entertainment or exhibition, as follows: 

(1) Those seating 1,999 persons or more 
shall pay a license fee, if issued for one year, $870 
per annum; if for three months, $240 per quar- 
ter; if for one month, $140 per month; if for one 
day, $88 per day; 

(2) Those seating not to exceed 1,999 per- 
sons and more than 500 persons, and free the- 
aters, without reference to their seating capacity 
shall pay a license fee for one year of $870; for 
three months, $140; for one month, $105; for one 
day $88; 

(3) All theaters wdth a seating capacity of 
less than 500 persons shall pay a license fee of 
$390 per annum. 

One seat is 22 inches. 

No license shall be required for exhibitions or 
entertainments given for the benefit of churches, 
schools or other charitable entertainments by an 
amateur dramatic association or literary society. 
(Amended by Ord. 13-85, App. 1/11/85) 



SEC. 144. DRIVE-IN MOVING PICTURE 
THEATERS. 

Every person, firm or corporation maintain- 
ing, conducting or operating any drive-in moving 
picture theater, excepting places of amusement 
licensed under Sections 125, 143 and 159 of this 
Article, shall pay a quarterly license fee of 300 
for each automobile space therein equipped with 
a speaker which is so designated or constructed 
that it may be connected with or to the sound 
track or record equipment of the motion picture 
film to be exhibited or the public address system 
installed in such drive-in moving picture theater. 

The issuance of this license shall not exempt 
the licensee therein named from any regulatory 
provision of the San Francisco Municipal Code or 
Ordinance of the City and County of San Fran- 
cisco relative to the maintaining, conducting or 
operating of drive-in moving picture theaters or 
any equipment or apparatus used or installed 
therein. (Added by Ord. 6992, App. 10/22/51) 

SEC. 145. TOWEL COMPANIES. 

Every person, firm or corporation engaged in 
the business of collecting and distributing towels 
or napkins to business houses, offices or other 
places, shall pay a license fee of $3 per quarter. 
(Amended by Ord. 324, App. 10/3/39) 

SEC. 149. AUTOMOBILE REPAIRING, 
SPECIAL BRANCHES OF. 

Every person, firm or corporation engaged in 
the business of automobile repairing and limit- 
ing the service of any one of the following branches 
of repair work shall pay a license fee, as follows: 

For repairing, remodeling or rebuilding bod- 
ies of used automobiles or other motor vehicles, 
$172 per annum; 

For installing, adjusting or repairing the 
electric equipment of used automobiles and other 
motor vehicles, $172 per annum; 

For installing, adjusting, recharging or re- 
pairing batteries in used automobiles or other 
motor vehicles, $172 per annum; 

For installing, adjusting or repairing any of 
the metal parts of used automobiles or other 
motor vehicles (except fenders, radiators or wind- 
shields), $172 per annum; 



Supp. No. 10, July/Au^,rust 2007 



41 



License Fees 



Sec. 220. 



For repairing or retrimming used automo- 
biles or other motor vehicles, $172 per annum; 

For repairing fenders, radiators or wind- 
shields of used automobiles or other motor ve- 
hicles, $172 per annum; 

For vulcanizing automobile tires or tubes, 
$172 per annum; 

For installing, adjusting or repairing automo- 
bile brakes, $172 per annum. (Amended by Ord. 
13-85, App. 1/11/85) 

SEC. 159. VAUDEVILLE HOUSES. 

Every person, firm or corporation maintain- 
ing, conducting or operating any public place 
where vaudeville performances are given shall 
pay a license fee of $10 a day or a quarterly 
license fee based on the seating capacity of the 
place at which said performance is given and the 
maximum admission charge, as follows: 



Seating 

Not 

Over 


Maximu 
Charge ] 


m Admission 
>Jot Over 


Maxi- 
mum 
Admis- 
sion 
Charge 


100 


200 


300 


310 
or Over 


500 


$25.00 


$37.50 


$62.50 


$125.00 


1000 


37.50 


56.25 


93.75 


187.50 


1500 


50.00 


75.00 


125.00 


250.00 


1501 or 
over 


62.50 


93.75 


156.25 


300.00 



A "vaudeville performance" for the purpose of 
this Section shall be deemed to be any public 
performance for which an admission fee is charged, 
and which consists of a combination of vocal, 
instrumental and physical acts or numbers, and 
provided that motion pictures may be exhibited 
in connection therewith. 

(a) United States Tax Not Included. 
Whenever in this Article a maximum charge 
shall be specified for admittance to places of 
amusement, any United States tax or penalty 
shall not be included as a part of such charge. 
(Amended by Ord. 1827, App. 10/27/42) 

SEC. 192. REAL ESTATE SIGNS. 

The provisions of the San Francisco Munici- 
pal Code, Section 87 and Sections 678 to 681, 



inclusive, of Chapter VIII, and Sections 186 to 
191, inclusive, and Sections 192 to 195, inclusive, 
of this Article do not apply to sijgns not exceeding 
20 square feet in size, familiarly known as "real 
estate signs," advertising for sale or rent the 
property upon which they stand, but all such 
signs shall be securely fastened to the ground or 
to the structures to which they are attached. 

SEC. 193. IDENTIFICATION OF OWNER 
ON SIGN. 

There shall be placed and maintained on the 
top of each billboard and each advertising sign 
the name, plainly painted, of the person, firm or 
corporation owning or who is in possession, charge 
or control of the same, for advertising purposes. 

SEC. 194. IDENTIFICATION OF OWNER 
ON VEHICLES. 

Every person, firm or corporation engaging 
in or carrying on the business or occupation of 
billposting or advertising sign, painting or out- 
door advertising or maintaining billboards shall 
cause the name of such person, firm or corpora- 
tion to be plainly painted in a conspicuous place 
on the outside of any wagon or vehicle used in 
such business or occupation and shall keep the 
same plain and distinct at all times. 

SEC. 195. IDENTIFICATION OF 
BILLPOSTING EMPLOYEE. 

Every employee of any person, firm or corpo- 
ration, while employed in posting bills or paint- 
ing signs or bulletins, shall wear a metal badge 
or shield on which shall appear in legible char- 
acters the name of the person, firm or corpora- 
tion by whom such employee is employed. 

SEC. 220. DOG KENNEL DEFINED. 

As used in this Code, the term "dog kennel" 
shall mean and include any enclosure, premises, 
building, structure, lot or area in or on which 
more than three dogs of at least six months of 
age are kept, harbored, or maintained for com- 
mercial or noncommercial purposes for continu- 
ous periods of 24 hours or more; provided, how- 
ever, that this definition shall not include City 
and Count}*^ departments, recognized educa- 



Supp. No. 10, July/August 2007 



Sec. 220. 



San Francisco - Business and Tax Regulations Code 



42 



tional institutions, or medical research facilities 
which are in conformity with State or Federal 
law. (Amended by Ord. 226-73, App. 6/22/73) 

SEC. 221. LICENSE FEES FOR DOG 

KENNELS. 

Any person, firm or corporation in the City 
and County granted a permit for the mainte- 
nance and operation of a dog kennel shall pay to 
the Tax Collector an annual license fee of $130 
for the privilege of maintaining such dog kennel. 
Such annual license shall be for the fiscal year or 
any part thereof during which said dog kennel 
shall be maintained, and shall be due and pay- 
able in advance on the first day of October of 
each year and shall expire on the thirtieth day of 
September of the next year provided the above- 
mentioned permit has not been revoked. (Amended 
by Ord. 105-74, App. 2/27/74; Ord. 207-93, App. 
6/25/93) 

SEC. 221.1. LEGAL EFFECT OF 
LICENSE OR PERMIT. 

The issuance of any license or permit to keep 
an animal as provided for herein in prima facie 
evidence that the owner has satisfied the basic 
licensing requirements under this Article, but 
such issuance shall be given no evidentiary weight 
to indicate that the owner has conformed to 
zoning regulations, building regulations, health 
and safety regulations, or to any other applicable 
rule, regulation, or statute, unless, pursuant to 
the issuance, official written approval has been 
given by the office or agency responsible for the 
administration of the rule, regulation, or statute 
in question. If such approval has been given, it 
shall be deemed prima facie evidence that the 
matter approved is in conformity with the rule, 
regulation, or statute in question. (Added by 
Ord. 314-71, App. 12/23/71) 

SEC. 221.2. ANIMALS USED IN 
BUSINESS. 

Whenever an application is made for a li- 
cense to do business in the City and County of 
San Francisco, or a renewal of such license, and 
the business is a pet shop, a circus, an animal 
exhibit, or an enterprise which maintains ani- 



mals in the course of business, the Tax Collector 
shall, before issuance or reissuance of the li- 
cense, notify the Director of Animal Control. The 
Director of Animal Control shall promptly and 
within a reasonable time ascertain whether or 
not the owner of the animals is in conformity 
with the provisions of Article 1, Chapter V, Part 
II, Municipal Code (Health Code), and notify the 
Tax Collector of his findings. If the owner is in 
conformity with such provisions, the license may 
be issued; but if the owner is in violation of said 
Article, the license may not be issued or reissued 
until the condition causing the violation has 
been corrected as determined in a subsequent 
inspection. (Added by Ord. 314-71, App. 12/23/ 
71; amended by Ord. 133-91, App. 4/5/91) 

SEC. 221.3. SPECIAL ANIMAL CONTROL 
AND WELFARE FUND. 

All fees collected by the Tax Collector for dog 
licenses, dog kennel licenses, cat registrations, 
and business licenses for such businesses as 
maintain animals in the course of business, 
pursuant to Sections 220 and 221 of this Article, 
or Section 41.15 of the San Francisco Health 
Code, and all fees and donations collected by the 
Department of Animal Care and Control and any 
authorized licensing entities for dog licenses, as 
provided in Section 41.15 of the San Francisco 
Health Code, or for the sale, redemption or 
surrender of impounded animals and for the care 
and feeding thereof, as provided in Section 41.10 
of the San Francisco Health Code shall be paid or 
delivered into the San Francisco Animal Control 
and Welfare Fund established by Section 10.117-87 
of the San Francisco Administrative Code. 
(Amended by Ord. 93-72, App. 4/12/72; Ord. 
182-89, App. 6/5/89; Ord. 2-02, File No. 010491, 
App. 1/18/2002) 

SEC. 236. TIRE REBUILDING PLANTS. 

Every person, firm or corporation engaged in 
the business of maintaining and operating a tire 
rebuilding plant that requires a permit from the 
Fire Department shall pay an annual license fee 
of $270.00. (Amended by Ord. 13-85, App. 1/11/ 
85; Ord. 180-04, File No. 040739, App. 7/22/2004; 
Ord. 184-07, File No. 070813, App. 8/3/2007) 



Supp. No. 10, July/August 2007 



43 



License Fees 



Sec. 244. 



SEC. 237. PLACES OF PUBLIC 
ASSEMBLY AND OPEN-AIR ASSEMBLY. 

Every person, firm or corporation engaged in 
the business of maintaining, operating or using a 
building, stadium or structure as a place of 
public assembly or an open-air assembly that 
requires a permit from the Fire Department, and 
where a license is not required elsewhere in the 
Municipal Code, shall pay an annual license fee 
of $470.00 per year. (Amended by Ord. 13-85, 
App. 1/11/85; Ord. 180-04, File No. 040739, App. 
7/22/2004; Ord. 184-07, File No. 070813, App. 
8/3/2007) 

SEC. 238. NITROCELLULOSE FILM AND 
PLASTICS. 

Every person, firm or corporation engaged in 
the business of processing, storing or using ni- 
trocellulose motion picture film or nitrocellulose 
plastics that requires a permit from the Fire 
Department shall pay an annual license fee of 
$270.00. (Amended by Ord. 13-85, App. 1/11/85; 
Ord. 180-04, File No. 040739, App. 7/22/2004; 
Ord. 184-07, File No. 070813, App. 8/3/2007) 

SEC. 239. STORAGE OF CERTAIN 
COMBUSTIBLE MATERIALS. 

Every person, firm or corporation engaged in 
any business of storing combustible fibers, waste 
materials, lumber or readily combustible mate- 
rials that requires a permit from the Fire De- 
partment shall pay an annual license fee of 
$270.00. (Amended by Ord. 13-85, App. 1/11/85; 
Ord. 180-04, File No. 040739, App. 7/22/2004; 
Ord. 184-07, File No. 070813, App. 8/3/2007) 

SEC. 240. STORAGE AND USE OF 
FLAMMABLE LIQUIDS. 

Every person, firm or corporation engaged in 
the business of storing, using or transporting 
flammable liquids, including flammable liquid 
fuel oil, that requires a permit from the Fire 
Department, unless such person shall have se- 
cured a license under Sections 90 or 93 of this 
Article, shall pay an annual license of $270.00 
per year. (Amended by Ord. 13-85, App. 1/11/85; 
Ord. 180-04, File No. 040739, App. 7/22/2004; 
Ord. 184-07, File No. 070813, App. 8/3/2007) 



SEC. 241. FUMIGATION AND FOGGING. 

Every person, firm or corporation engaged in 
the business of fumigating and fogging that 
requires a permit from the Fire Department 
shall pay an annual license fee of $270.00. 
(Amended by Ord. 13-85, App. 1/11/85; Ord. 
180-04, File No. 040739, App. 7/22/2004; Ord. 
184-07, File No. 070813, App. 8/3/2007) 

SEC. 242. STORAGE AND USE OF 
LIQUEFIED GASES AND COMPRESSED 
GASES. 

Every person, firm or corporation engaged in 
the business of storing or using liquefied petro- 
leum gases or compressed gases that requires a 
permit from the Fire Department shall pay an 
annual license fee of $270.00. (Amended by Ord. 
13-85, App. 1/11/85; Ord. 180-04, File No. 040739, 
App. 7/22/2004; Ord. 184-07, File No. 070813, 
App. 8/3/2007) 

SEC. 242.2. RESERVED. 

Editor's Note: 

Ord. 184-07, File No. 070813, approved August 3, 
2007, repealed § 242. 1 which pertained to storage and 
use of liquefied gases and compressed gases (50 gallons 
or less). (Amended by Ord. 13-85., App. 1/11 785; Ord. 
180-04, File No. 040739, App. 7/22/2004; Repealed by 
Ord. 184-07, File No. 070813, App. 8/3/2007) 

SEC. 243. ERECTION AND USE OF 
ACETYLENE GENERATORS; STORAGE 
OF CALCIUM CARBIDE. 

Every person, firm or corporation installs 
uses an acetylene generator for which a permit is 
required for the Fire Department shall pay an 
annual license fee of $270.00. (Amended by Ord. 
13-85, App. 1/11/85; Ord. 180-04, File No. 040739, 
App. 7/22/2004; Ord. 184-07, File No. 070813, 
App. 8/3/2007) 

SEC. 244. APPLICATION OF 
FLAMMABLE FINISHES; AND USE AND 
OPERATION OF INDUSTRIAL BAKING 
AND DRYING OVENS. 

Every person, firm or corporation engaged in 
the business of applying flammable finishes that 
requires a permit from the Fire Department; or 



Supp. No. 10, July/August 2007 



Sec. 244. 



San Francisco - Business and Tax Regulations Code 



44 



using or operating an industrial baking and 
drying oven that requires a permit from the Fire 
Department, shall pay an annual license fee of 
$270.00. (Amended by Ord. 13-85, App. 1/11/85; 
Ord. 180-04, File No. 040739, App. 7/22/2004; 
Ord. 184-07, File No. 070813, App. 8/3/2007) 

SEC. 245. PROCESSING OF CERTAIN 
HAZARDOUS MATERIALS. 

Every person, firm or corporation engaged in 
the business of processing magnesium or tita- 
nium that requires a permit from the Fire De- 
partment shall pay an annual license fee of 
$270.00. (Amended by Ord. 13-85, App. 1/11/85; 
Ord. 180-04, File No. 040739, App. 7/22/2004; 
Ord. 184-07, File No. 070813, App. 8/3/2007) 

SEC. 246. OPERATING A TANK 
VEHICLE. 

Every person, firm or corporation engaged in 
the business of transporting flammable liquids 
by tank vehicle, and providing such tank vehicle 
requires a permit from the Fire Department, 
shall pay an annual fee of $270.00 for each tank 
vehicle. (Amended by Ord. 13-85, App. 1/11/85; 
Ord. 180-04, File No. 040739, App. 7/22/2004; 
Ord. 184-07, File No. 070813, App. 8/3/2007) 

SEC. 247. HAZARDOUS CHEMICALS. 

Every person, firm or corporation engaged in 
the business of storing and using a hazardous 
chemical that requires a permit from the Fire 
Department shall pay an annual license fee of 
$270.00. (Amended by Ord. 13-85, App. 1/11/85; 
Ord. 180-04, File No. 040739, App. 7/22/2004; 
Ord. 184-07, File No. 070813, App. 8/3/2007) 

SEC. 248. FOOD PRODUCT AND 
MARKETING ESTABLISHMENTS. 

The following fee for licenses is established 
for persons, firms or corporations engaged in the 
conduct or operation of the handling, manufac- 
ture or sale of foodstuffs, annually payable in 
advance to the Tax Collector. 



Class A. Food product and marketing establish- 
ments without food preparation with a total 
square footage of: 

Less than 5,001 square feet $459 

5,001 square feet to 10,000 square 

feet 603 

10,001 square feet to 20,000 square 

feet 753 

Greater than 20,000 square feet. . 915 

Class B. Food product and marketing establish- 
ments with food preparation with a total square 
footage of: 

Less than 5,001 square feet 492 

5,001 square feet to 10,000 square 

feet 640 

10,001 square feet to 20,000 square 

feet 781 

Greater than 20,000 square feet. . 931 

Class C. Retail bakeries with total square foot- 
age of 

Less than 2,001 square feet 504 

Greater than 2,000 square feet . . . 520 



Class D. Produce stand 



Class E. Certified farmers market . 

Class F. Wholesale food markets . . . 

Class G. Food manufacturing or pro- 
cessing 



507 



512 



492 



507 



Class 



Fee 



Class H. Food product and marketing establish- 
ments with an inventory of food at cost in stock 
as of the first day of April: 

Less than $1,000 85 

Greater than $1,000 604 

,eop 

Class I. Food product and market- 
ing establishments in stadiums, are- 
nas or auditoriums with a seating 



Supp. No. 10, July/Au^^st 2007 



44.1 License Fees Sec. 249. 



capacity of 25,000 or more 516 

The license fees prescribed in this Section are 
due and payable annually in advance on the first 
day of September of each year. 

Fees for new licenses issued prior to, or after 
September 1st, shall be prorated on a monthly 
basis. (Amended by Ord. 95-84, App. 3/8/84; Ord. 
369-88, App. 8/5/88; Ord. 244-91, App. 6/24/91; 
Ord. 207-93, App. 6/25/93; Ord. 131-97, App. 
4/18/97; Ord. 117-01, File No. 010515, App. 6/1/ 
2001; Ord. 5-05, File No. 041588, App. 1/8/2005) 

SEC. 249. MEAT AND MEAT FOOD 
PRODUCT VEHICLES. 

Any person, firm or corporation without a 
fixed or established place of business within the 
City and County of San Francisco engaged in the 
business of selling, or offering for sale any meat 
or meat food products from any vehicle, wagon, 
truck, cart or automobile, shall first obtain a 
permit from the Department, and shall pay an 
annual fee of $50, payable quarterly in advance 
for each such vehicle. (Added by Ord. 94-68, App. 
4/19/68) 



Supp. No. 10, July/August 2007 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 10, July/August 2007 



45 



License Fees 



Sec. 249.2. 



SEC. 249.1. FOOD PREPARATION AND 
SERVICE ESTABLISHMENTS. 

Every person, firm or corporation engaged in 
the business of operating food preparation and 
service establishments, as defined in Section 451 
of the San Francisco Health Code, that require 
permits from the Health Department shall pay 
an annual license fee to the Tax Collector as 
follows: 

(a) Class Fee 

Class A. Food preparation and service establish- 
ments with a total square footage of 

Less than 1,000 square feet $627 

1,000 square feet to 2,000 square 

feet 829 

Greater than 2,000 square feet ... 951 

Class B. Bar or tavern 744 



Class N. Private school cafeteria 



Class O. Hospital kitchen 



237 



758 



Class C. Take-out establishment . . 

Class D. Fast food establishment. . 

Class E. Catering facility 

Class F. Temporary facility 

Class G. Food demonstrations 

Class H. Commissary 

Class I. Pushcart on private prop- 
erty 

Class J. Stadium concession 

Class K. Vending machines 

Class L. Bed and breakfast estab- 
lishment 

Class M. Boarding house 



752 

852 
732 
117 
105 
713 

594 
504 
143 

806 
194 



The license fees prescribed in this Section are 
due and payable on an annual basis commencing 
April 1, 1984. Fees for new licenses issued prior 
to, or after April 1st, shall be prorated on a 
monthly basis. 

(b) Exemptions. The following establish- 
ments are exempt from paying the fees required 
by this Section: 

(1) Food preparation and service establish- 
ments used exclusively by day care facilities for 
children are exempt from paying the fees re- 
quired by this Section. 

For the purpose of this subsection, a "day 
care facility for children" shall mean a "commu- 
nity care facility" licensed pursuant to the pro- 
visions of Chapter 3, Division 2 of the California 
Health and Safety Code (commencing at Section 
1500) which provides nonmedical care to chil- 
dren in need of personal services, supervision, or 
assistance essential for sustaining the activities 
of daily living or for the protection of the indi- 
vidual on less than a 24-hour basis, or a "family 
day care home for children" licensed pursuant to 
the provisions of Chapter 3.6, Division 2 of the 
California Health and Safety Code (commencing 
at Section 1597.50). 

(2) Food preparation and service establish- 
ments funded through the San Francisco Com- 
mission on Aging for nutrition projects for older 
individuals. (Amended by Ord. 270-85, App. 5/30/ 
85; Ord. 28-88, App. 1/28/88; Ord. 369-88, App. 
8/5/88; Ord. 444-88, App. 9/28/88; Ord. 244-91, 
App. 6/24/91; Ord. 207-93, App. 6/25/93; Ord. 
131-97, App. 4/18/97; Ord. 117-01, File No. 010515, 
App. 6/1/2001; Ord. 5-05, File No. 041588, App. 
1/8/2005) 

SEC. 249.2. SCHOOL FOOD 
CONCESSIONS. 

Every person, firm or corporation engaged in 
the business of selling, preparing or distributing 
food within school facilities that requires a per- 



Sec. 249.2. 



San Francisco - Business and Tax Regulations Code 



46 



mit to operate from the Health Department shall 
pay an annual license fee of $186. (Added by Ord. 
207-93, App. 6/25/93) 

SEC. 249.3. SALVAGE GOODS AND 
MERCHANDISE. 

Every person, firm or corporation engaged in 
the business of selling or distributing salvaged 
goods or merchandise that requires a permit 
from the Health Department shall pay an an- 
nual license fee of $364 to the Tax Collector. 

Upon payment of said fee the Tax Collector 
shall issue to said person paying the same, a 
receipt showing said payment, which said re- 
ceipt shall be conspicuously displayed in the 
place of business of said dealer. Failure to pay 
said annual fee within the time provided by law 
shall ipso facto revoke any permit issued as 
provided in Section 707, Part H, Chapter V of the 
San Francisco Municipal Code. 

The license fees prescribed by this Section 
are due and payable on a fiscal-year basis. Fees 
for licenses issued prior to or after July 1st in 
any subsequent fiscal year shall be prorated to 
July 1st, on a monthly basis. (Amended by Ord. 
531-78, App. 12/1/78; Ord. 207-93, App. 6/25/93) 

SEC. 249.4. CIGAR AND MATTRESS 
FACTORIES. 

Every person, firm or corporation engaged in 
the business of operating a cigar or mattress 
factory that requires a permit from the Health 
Department shall pay an annual fee of $20 to the 
Tax Collector. 

The license fees prescribed by this Section 
are due and payable on an annual basis com- 
mencing April 1st. Fees for new licenses issued 
prior to or after April 1st, or in any subsequent 
year, shall be prorated to April 1st, on a monthly 
basis. (Amended by Ord. 242-70, App. 7/14/70) 

SEC. 249.5. PET SHOPS, DOG KENNELS, 
HOSPITALS FOR SICK ANIMALS. 

Every person, firm or corporation engaged in 
the business of operating a pet shop or hospital 



for sick animals that requires a permit from the 
Health Department shall pay an annual permit 
fee of $108 to the Tax Collector. 

Every person, firm or corporation engaged in 
the business of operating a dog kennel that 
requires a permit from the Health Department 
shall pay an annual permit fee of $108 to the Tax 
Collector, in addition to the fee prescribed in 
Section 221 of Part EI of this Code. 

The permit fees prescribed by this Section 
are due and payable on an annual basis com- 
mencing October 1, 1978. Fees for new permits 
issued prior to or after October 1, 1978, or in any 
subsequent year, shall be prorated to October 1st 
on a monthly basis. (Amended Ord. 531-78, App. 
12/1/78; Ord. 207-93, App. 6/25/93) 

SEC. 249.6. VEHICLES FOR THE 
TRANSPORTATION OF REFUSE AND 
ADJUDICATION OF RATE DISPUTES. 

Every person, firm or corporation engaged in 
operating a vehicle for transportation of refuse 
or garbage that requires a permit from the 
Health Department shall pay an annual license 
fee to the Tax Collector as follows: 

(a) Garbage truck, $3,268.00 for each ve- 
hicle. 

(b) Swill trucks, $78 for each vehicle. 

The license fees prescribed by this Section 
are due and payable on an annual basis. Fees for 
new licenses issued prior to or after January 1st, 
or in any subsequent calendar year, shall be 
prorated to January 1st on a monthly basis. 

The fees prescribed by this Section are for the 
purpose of reimbursing the City and County of 
San Francisco for costs incurred in the imple- 
mentation of the Mandatory Refuse Collection 
Program, the inspection and licensing of refuse 
vehicles and the adjudication of refuse collection 
rate disputes. (Amended by Ord. 95-84, App. 
3/8/84; Ord. 493-87, App. 12/23/87; Ord. 207-93, 
App. 6/25/93; Ord. 7-03, File No. 021804, App. 
1/31/2003) 

SEC. 249.7. SWIMMING POOLS. 

Every person, firm or corporation engaged in 
operating a swimming pool on a year-round basis 



47 



License Fees 



Sec. 249.11. 



that requires a permit from the Health Depart- 
ment shall pay an annual license fee of $255 to 
the Tax Collector. Swimming pools that require a 
permit from the Health Department which oper- 
ate less than six months per year shall pay an 
annual license fee of $219 per year to the Tax 
Collector. 

The license fee shall be due and payable 
annually in advance on the first day of October of 
each year. Fees for licenses issued prior to or 
after October 1st, shall be prorated on a monthly 
basis. License fees paid hereunder shall not be 
refundable because of revocation of license, dis- 
continuance of operation or sale or transfer of the 
swimming pool. (Amended by Ord. 531-78, App. 
12/1/78; Ord. 244-91, App. 6/24/91; Ord. 207-93, 
App. 6/25/93; Ord. 131-97, App. 4/18/97) 

SEC. 249.8. PRIVATE AMBULANCES. 

Every person, firm or corporation engaged in 
operating a private ambulance that requires a 
permit from the Health Department shall pay an 
annual license fee of $142 for each vehicle to the 
Tax Collector. The license fees prescribed by this 
Section are due and payable on an annual basis. 
(Amended by Ord. 531-78, App. 12/1/78; Ord. 
244-91, App. 6/24/91) 

SEC. 249.9. USE OF POISONOUS GAS, 
ETC. 

Every person, firm or corporation engaged in 
the business of fumigation that requires a permit 
from the Health Department shall pay an an- 
nual license fee of $21 to the Tax Collector. 

The license fees prescribed by this Section 
are due and payable on an annual basis, com- 
mencing April 1st. Fees for new licenses issued 
prior to or after April 1st shall be prorated to 
April 1st on a monthly basis. (Amended by Ord. 
279-72, App. 9/28/72; Ord. 207-93, App. 6/25/93) 

SEC. 249.11. TEMPORARY PERMITS; 
FEES. 

(a) Temporary permits will be granted by 
the Department of Public Health to operate 
establishments under Section 248 — Food Prod- 
uct and Marketing Establishments and Section 



249.1 — Food Preparation and Service Establish- 
ments for a fee of $63, which will be effective for 
a period of one to 45 days. 

(b) Business concerns whose regular sales 
activities concern products or commodities other 
than food, but sell or give away food periodically 
for sales promotion purposes shall obtain a tem- 
porary permit prescribed by this Section. 

(c) Temporary permits will be granted by 
the Department of Public Health to operate 
special events referred to in Section 451(i) and 
452 of the San Francisco Health Code upon 
payment of fees listed as follows: 

(1) Application fees for fiscal year 2000-01, 
per event: 

(A) Event sponsor: $100; 

(B) Food operator, $20, where all food sold 
or distributed and the method of processing the 
food is considered to be low in potential hazard 
by the Department of Public Health; 

(C) Food operator, $46, where any food sold 
or distributed or the method of processing the 
food is considered to be high in potential hazard 
by the Department of Public Health; 

(2) Permit fees for fiscal year 2000-01, per 
location: 

(A) $35 for up to two days, and $10 for each 
additional day, where all food sold or distributed 
and the method of processing the food is consid- 
ered to be low in potential hazard by the Depart- 
ment of Public Health; 

(B) $60 for up to two days, and $20 for each 
additional day, where any food sold or distrib- 
uted or the method of processing the food is 
considered to be high in potential hazard by the 
Department of Public Health. 

(3) Application and permit fees for fiscal 
years subsequent to 2000-01 shall be increased 
by three percent each year over those charged 
the previous fiscal year. Each year the Controller 
shall review the fees which would be charged in 
the next fiscal year and shall file a report with 
the Board of Supervisors no later than May 15th 
which may be accompanied by a proposed ordi- 
nance readjusting the next year's fee rates only if 
the proposed ordinance is necessary to ensure 



Sec. 249.11. 



San Francisco - Business and Tax Regulations Code 



48 



that (A) the fees produce sufficient revenue to 
support the costs of providing the services for 
which each fee is assessed, and (B) the fees do 
not produce revenue which is significantly more 
than the costs of providing the services for which 
each fee is assessed. (Amended by Ord. 531-78, 
App. 12/1/78; Ord. 341-88, App. 7/28/88; Ord. 
207-93, App. 6/25/93; Ord. 84-00, File No. 000424, 
App. 5/12/2000) 



SEC. 249.12. 
MACHINES. 



FOOD VENDING 



(a) Every person, firm or corporation en- 
gaged in the business of operating food vending 
machines shall pay a fee of $63. Said fee is due 
and payable on an annual basis starting October 
1st. 

(b) In addition to the fee prescribed in Sub- 
section (a) of this Section every permittee shall 
pay an annual fee of $4 for each vending machine 
operated in said business. The fee prescribed 
herein shall not be prorated. 

(c) The fee prescribed in Subsection (b) of 
this Section shall be credited to the fee payable 
in Subsection (a) but said credit shall not exceed 
$60. (Amended by Ord. 279-72, App. 9/28/72; 
Ord. 207-93, App. 6/25/93; Ord. 5-05, File No. 
041588, App. 1/21/2005) 

SEC. 249.13. WELLS AND WELL WATER. 

(a) Every person, firm or corporation en- 
gaged in operating wells that require a permit 
from the San Francisco Department of Public 
Health shall pay an annual permit fee of $44 to 
the Tax Collector. For the purpose of this Section, 
the term "well" shall have the same meaning as 
that in Section 659 or Article 12B of the San 
Francisco Health Code. 

(b) The permit fee shall be due and payable 
annually in advance on the first day of January 
of each year. Fees for new permit issued prior to 
or after January 1st, or in any subsequent cal- 
endar year, shall be prorated to January 1st, on 
a monthly basis. (Added by Ord. 450-77, App. 
10/6/77; amended by Ord. 207-93, App. 6/25/93; 
Ord. 131-97, App. 4/18/97; Ord. 113-05, File No. 
050547, App. 6/10/2005) 



SEC. 249.14. CERTIFIED TESTERS. 

Every person who is not a City employee and 
who is engaged in testing backflow prevention or 
cross-connection control devices for which a cer- 
tificate is required from the Department of Pub- 
lic Health shall pay fee(s) to the Tax Collector 
prior to the issuance of said certificate, as fol- 
lows: 

(a) Initial application for certification: $159. 

(b) Training for certification: $115. 

(c) Examination for certification: $78. 

(d) Seals or tags: $10 each. 

(e) Annual license fee and recertification 
fee: $78. 

The fees for annual licenses shall be prorated 
to January 1st on a monthly basis. All fees are 
nonrefundable. (Amended by Ord. 356-84, App. 
8/24/84; Ord. 244-91, App. 6/24/91; Ord. 207-93, 
App. 6/25/93) 

SEC. 249.15. SOLID WASTE TRANSFER 
STATION LICENSE FEE. 

Every person, firm or corporation operating a 
solid waste transfer or processing station within 
the City and County of San Francisco shall pay 
to the Tax Collector an annual license fee begin- 
ning July 1, 1992 and each year thereafter on 
July 1st as follows: 

(a) Large Quantity Transfer Station. Any 
solid waste facility handling in excess of 250,000 
tons of solid waste per year: $30,000. 

(b) Medium Quantity Transfer Station. Any 
solid waste facility handling between 10,000 and 
249,999 tons of solid waste per year: $10,000. 

(c) Small Quantity Transfer Station. Any 
solid waste facility handling less than 10,000 
tons of solid waste per year: $1,000. 

(d) For purposes of Section 35 and this 
Section 249.15 of Article, the terms "transfer or 
processing station," "transportation," "solid waste," 
"solid waste facility," and "handling" shall be 
defined as set forth in Sections 40191, 40194, 
40195 and 40200 of the CaUfornia Public Re- 
sources Code, which Sections are incorporated 
by reference as if fully set forth herein. (Added 
by Ord. 207-93, App. 6/25/93) 



49 



License Fees 



Sec. 249.20. 



SEC. 249.16. TOBACCO SALES PERMIT 
FEE. 

Every person, firm or corporation engaged in 
tobacco sales shall pay an annual permit fee of 
$175 to the Tax Collector. (Added by Ord. 254-03, 
File No. 030869, App. 11/7/2003) 

SEC. 249.17. PLACE OF 
ENTERTAINMENT. 

Every person as defined in Section 6.2-15 of 
this Code conducting business or engaging in an 
activity for which a place of entertainment per- 
mit is required under Article 15.1 of the San 
Francisco Police Code shall pay an annual li- 
cense fee. The amount of the fee for the 2005- 
2006 fiscal year shall be as set forth in Section 
2.27 of the Police Code, and such amount shall be 
adjusted for the 2006-2007 fiscal year and annu- 
ally thereafter in accordance with Section 2.31 of 
the Police Code. (Added by Ord. 193-05, File No. 
051027, App. 7/29/2005) 

SEC. 249.18. EXTENDED HOURS 
PREMISES. 

Every person as defined in Section 6.2-15 of 
this Code conducting business or engaging in an 
activity for which an extended hours premises 
permit is required under Article 15.2 of the San 
Francisco Police Code shall pay an annual li- 
cense fee. The amount of the fee for the 2005- 
2006 fiscal year shall be as set forth in Section 
2.27 of the Police Code, and such amount shall be 
adjusted for the 2006-2007 fiscal year and annu- 
ally thereafter in accordance with Section 2.31 of 
the Police Code. (Added by Ord. 193-05, File No. 
051027, App. 7/29/2005) 

SEC. 249.19. MECHANICAL 
AMUSEMENT DEVICE. 

Every person as defined in Section 6.2-15 of 
this Code conducting business or engaging in an 
activity for which a mechanical amusement de- 
vice permit is required under Article 15 of the 
San Francisco Police Code shall pay an annual 
license fee. The amount of the fee for the 2005- 
2006 fiscal year shall be as set forth in Section 
2.27 of the Police Code, and such amount shall be 
adjusted for the 2006-2007 fiscal year and annu- 



ally thereafter in accordance with Section 2.31 of 
the PoHce Code. (Added by Ord. 193-05, File No. 
051027, App. 7/29/2005) 

SEC. 249.20. MEDICAL CANNABIS 
DISPENSARY LICENSE FEE. 

Every person, firm or corporation engaged in 
operating a medical cannabis dispensary shall 
pay an annual license fee of $3,100.00 to the Tax 
Collector to cover the costs of annual inspections, 
enforcement and other costs to the City. Begin- 
ning with fiscal year 2006-2007, the annual 
license fee may be adjusted each year, without 
further action by the Board of Supervisors, to 
reflect changed in the relevant Consumer Price 
Index, as determined by the Controller. No later 
than April 15th of each year, the Tax Collector 
shall submit the annual license fee to the Con- 
troller, who shall apply the price index adjust- 
ment to produce a new annual license fee for the 
following year. No later than May 15th of each 
year, the Controller shall file a report with the 
Board of Supervisors reporting the new annual 
license fee and certifying that: (a) the annual 
license fee produces sufficient revenue to sup- 
port the cost of providing the services for which 
the annual fee is being charged and (b) the 
annual license fee does not produce revenue that 
exceeds the costs of providing the services for 
which the annual license fee is charged. Notwith- 
standing the procedures set for the in this Sec- 
tion, the Board of Supervisors, in its discretion, 
may modify the annual license fee by ordinance 
at any time. (Added by Ord. 271-05, File No. 
051747, App. 11/30/2005; amended by Ord. 273- 
05, File No. 051748, App. 11/30/2005) 



San Francisco - Business and Tax Regulations Code 50 



[The next page is 75] 



ARTICLE 3: TRANSIENT MERCHANTS 



Sec. 250. 

Sec. 251. 
Sec. 251.1. 



Sec. 252. 

Sec. 253. 

Sec. 254. 

Sec. 255. 

Sec. 256. 

Sec. 257. 

Sec. 258. 



Transient Merchants License 

Required. 

"Transient Merchant" Defined. 

Notification of Transient 

Merchant Activity to Tax 

Collector. 

Application for License. 

License Fees. 

Reports and Payment of 

Additional License Fees. 

Bond. 

Posting of License. 

Penalty. 

Suspension of Licensing and 

Other Requirements. 



SEC. 250. TRANSIENT MERCHANTS 
LICENSE REQUIRED. 

Except as otherwise provided in Section 258 
of this Article, it shall be unlawful for a transient 
merchant as defined in Section 251 of this Article 
to engage in such business within the City and 
County of San Francisco without obtaining a 
license therefor in compliance with the provi- 
sions of this Article. 

The provisions of the Article may be enforced 
by the issuance of citations under Section 6.19-1, 
and following, of Article 6 of Part III of the San 
Francisco Municipal Code. (Added by Ord. 226- 
61, App. 8/7/61; amended by Ord. 94-00, File No. 
000432, App. 5/26/2000) 

SEC. 251. 'TRANSIENT MERCHANT' 
DEFINED. 

For the purposes of this Article, a "transient 
merchant" is defined as any person, firm or 
corporation, whether as owner, agent, consignee 
or employee, whether a resident of the City or 
not, who engages in a temporary business of 
selling and delivering goods, wares and merchan- 
dise, other than food or food products, within 
said City and County, and who, in furtherance of 



such purpose, hires, leases, uses or occupies any 
building, structure, shop, tent, railroad boxcar, 
boat, or room in any hotel, motel, auto court, 
lodginghouse or apartment, within the City, for 
the exhibition and sale of such goods, wares and 
merchandise provided that such definition shall 
not be construed to include any person, firm or 
corporation who while occupying such location 
does not sell from stock, but exhibits samples 
only for the purpose of securing orders for future 
delivery, and further shall not include sales at 
public auction regulated by the provisions of the 
Police Code and Part III of the San Francisco 
Municipal Code, nor sale of Christmas trees or 
pumpkins. For purposes of this Article 3, the 
term "temporary business" shall mean a busi- 
ness conducted for less than seven (7) days in 
any calendar year. Any business conducted for 
seven (7) days or more in any calendar year must 
obtain a business tax registration certificate in 
accordance with the provisions of Part III of the 
San Francisco Municipal Code, to the extent 
applicable, including without limitation Section 
1003 of Article 12-B. (Added by Ord. 226-61, App. 
8/7/61; amended by Ord. 95-00, File No. 000433, 
App. 5/26/2000) 

SEC. 251.1. NOTIFICATION OF 
TRANSIENT MERCHANT ACTIVITY TO 
TAX COLLECTOR. 

(a) Every person, firm or corporation en- 
gaged in the business of renting or leasing out 
any building, structure, shop, tent, railroad box- 
car, boat, room in any hotel, motel, auto court, 
lodginghouse, or apartment, within the City and 
County who knowingly rents such property or 
any portion thereof to a transient merchant (as 
defined in Section 251 of this article) shall notify 
the Tax Collector within 10 days prior to the 
exhibition and sale of goods, wares and merchan- 
dise for which the transient merchant has en- 
gaged this space, or within 10 days of registra- 
tion to rent space to conduct commercial activity 



75 



Sec. 251.1. 



San Francisco - Business and Tax Regulations Code 



76 



as a transient merchant in any case where the 
registration occurs less than 10 days prior to the 
use of the rented space, that such activity is 
scheduled to take place, including the name, 
local and permanent address of the merchant 
and the nature of the items to be sold. For 
purposes of this section, "transient merchant" 
shall not include an exhibitor at a conference or 
convention, the primary purpose of which is 
other than the direct sale of goods, wares or 
merchandise. 

(b) The Tax Collector may seek such court 
orders as may be necessary to obtain information 
on rentals to transient merchants required to be 
disclosed hereby. 

(c) The Tax Collector maj^ establish rules 
and regulations for the administration of the 
purposes of this section, including the form on 
which transient merchant information is to be 
provided to the Tax Collector. Before issuing or 
amending any rules or regulations, the Tax Col- 
lector shall provide a 30-day public comment 
period by providing published notice in an offi- 
cial newspaper of general circulation in the City 
and County of the intent to issue or amend the 
rules or regulations. 

(d) One year after this ordinance goes into 
effect the Tax Collector shall report to the Board 
of Supervisors on the implementation and en- 
forcement of this ordinance, and shall present 
any recommendations for changes to the ordi- 
nance that would be beneficial and appropriate. 
(Added by Ord. 356-90, App. 10/17/90) 

SEC. 252. APPLICATION FOR LICENSE. 

All persons required to apply for a license 
under this Article, whether an individual, firm or 
corporation, shall file a written application, signed 
by the applicant if an individual, by all partners 
if a partnership, and by a duly authorized officer 
if a corporation, with the Tax Collector, showing: 

(a) The name or names of the person or 
persons having the management and supervi- 
sion of applicant's business during the time that 
it is proposed that it will be carried on in the City 
and County; the local address of such person or 
persons while engaged in such business; the 



permanent address of such person or persons; 
the capacity in which such person or persons will 
act (that is, whether proprietor, agent or other- 
wise); the name and address of the person, firm 
or corporation for whose account the business 
will be carried on, if any; and if a corporation, 
under the laws of what state the same is incor- 
porated; 

(b) The place or places in the City where it 
is proposed to carry on applicant's business, and 
the length of time during which it is proposed 
that said business shall be conducted; 

(c) A statement of the nature, character and 
quality of the goods, wares or merchandise to be 
sold or offered for sale by applicant in the City, 
the invoice value and quality of such goods, 
wares and merchandise, where goods, wares or 
merchandise are manufactured or produced, and 
where such goods, wares or merchandise are 
located at the time the application is filed; 

(d) Such other information as the Tax Col- 
lection requires in order to properly administer 
and enforce the provisions of this Article. (Added 
by Ord. 226-61, App. 8/7/61; amended by Ord. 
96-00, File No. 000434, App. 5/26/2000) 

SEC. 253. LICENSE FEES. 

(a) Except as provided in paragraph (b) 
below, licenses under this Article shall be issued 
on a quarterly basis and the licensee shall pay a 
minimum quarterly fee of $500 at the time the 
license is applied for and before it is issued and 
thereafter, and in addition thereto, a fee based 
on gross sales, which shall be at the rate of 10 
percent of the gross receipts in excess of $5,000 
from sales made during the quarter. 

(b) During the suspension period, as de- 
fined in paragraph (c) of Section 258 of this 
Article, the licensee shall pay a flat quarterly fee 
of $150 at the time the license is applied for and, 
thereafter, shall not be required to pay the fee 
based on gross sales described in paragraph (a) 
above. (Added by Ord. 226-61, App. 8/7/61; 
amended by Ord. 97-00, File No. 000435, App. 
5/26/2000) 



77 



Transient Merchants 



Sec. 256. 



SEC. 254. REPORTS AND PAYMENT OF 
ADDITIONAL LICENSE FEES. 

(a) Except as otherwise provided in para- 
graph (b) below, every person, firm or corpora- 
tion that is conducting a temporary business as a 
transient merchant shall file with the Tax Col- 
lector a report at the end of the quarterly license 
period or within three days of the last day of 
doing business in the City and County as a 
transient merchant, showing the amount of gross 
receipts during the quarter for which the license 
was issued, and shall at the same time pay the 
additional fees, if any, based on 10 percent of 
gross receipts in excess of $5,000 from sales 
during that quarter. 

The Tax Collector, or any officer or employee 
of the City and County authorized by him, may 
examine the books, papers, records and equip- 
ment of any licensed transient merchant doing 
business in the City and County to verify the 
accuracy of any return made, or if no return is 
made, to ascertain and determine the amount 
required to be paid under the provisions of this 
Article. 

Every transient merchant doing business in 
this City and County shall keep such records, 
receipts, invoices and other pertinent papers in 
such form as the Tax Collector may require. 

(b) During the suspension period, as de- 
fined in paragraph (c) of Section 258 of this 
Article, no transient merchant shall be required 
to file with the Tax Collector the report nor pay 
the additional fees described in paragraph (a) 
above. (Added by Ord. 226-61, App. 8/7/61; 
amended by Ord. 98-00, File No. 000436, App. 
5/26/2000) 

SEC. 255. BOND. 

Every transient merchant as defined in Sec- 
tion 251 of this Article that is required to obtain 
a license under Section 250 of this Article shall 
file with the Tax Collector a bond in the sum of 
$5,000 before any license shall be issued, which 
shall run to the City and County of San Fran- 
cisco and to any person, firm or corporation who 
shall sustain any injury or loss covered by the 
bond. Such bond shall be executed by the appli- 



cant as principal, and by a corporation or asso- 
ciation which is licensed by the Insurance Com- 
missioner of this State to transact the business 
of fidelity and surety insurance, as surety. 

The bond shall be conditioned that the appli- 
cant shall comply fully with all the provisions of 
the ordinances of the City and County and laws 
of the State of California regulating and concern- 
ing the sales of goods, wares and merchandise 
and will pay all judgments rendered against said 
applicant for any violation of said ordinances or 
statutes, or any of them, together with all judg- 
ments and costs that may be recovered against 
applicant by any person or persons for damage 
growing out of any misrepresentation or decep- 
tion practiced on any person transacting such 
business with such applicant, whether said mis- 
representations or deceptions were made or prac- 
ticed by the owners or by their agents, servants 
or employees, either at the time of making the 
sale or through any advertisement of any char- 
acter whatsoever printed or circulated with ref- 
erence to the goods, wares and merchandise sold, 
or any part thereof 

The City and County may bring an action 
upon the bond for the recovery of any damage 
sustained by it, and also anj^ person, firm or 
corporation who sustains any injury or loss cov- 
ered by the bond may, in addition to any other 
remedy that he may have, bring an action in his 
own name upon the bond for the recovery of any 
damage sustained by him; provided, however, 
that no such action may be brought and main- 
tained after the expiration of one year from and 
after the date the alleged act complained or 
occurred. 

The aggregate liability of the surety for any 
and all claims which may arise under such bond 
shall in no event exceed the amount of the 
penalty of such bond regardless of the length of 
time it shall remain in force or the number of 
renewal licenses issued thereunder. (Added by 
Ord. 226-61, App. 8/7/61; amended by Ord. 99-00, 
File No. 000437, App. 5/26/2000) 

SEC. 256. POSTING OF LICENSE. 

The Tax Collector shall issue to each quali- 
fied applicant a license to operate as a transient 



Sec. 256. San Francisco - Business and Tax Regulations Code 78 



merchant and the hcense shall be posted con- 
spicuously in the place of business named therein. 
In the event the applicant desires to do business 
in more than one place within the City, separate 
licenses may be issued for each place of business 
and shall be posted conspicuously in each place 
of business. (Added by Ord. 226-61, App. 8/7/61) 

SEC. 257. PENALTY. 

(a) Except as otherwise provided in para- 
graph (b) below, any person violating any of the 
provisions of this Article shall be deemed guilty 
of a misdemeanor, and upon conviction thereof 
shall be punished by a fine of not more than $500 
or by imprisonment in the County Jail for not 
more than six months, or by both such fine and 
imprisonment. 

(b) During the suspension period, as de- 
fined in paragraph (c) of Section 258 of this 
Article, paragraph (a) above shall not apply to 
transient merchants. (Added by Ord. 226-61, 
App. 8/7/61; amended by Ord. 100-00, File No. 
000438, App. 5/26/2000) 

SEC. 258. SUSPENSION OF LICENSING 
AND OTHER REQUIREMENTS. 

(a) Notwithstanding the other provisions of 
this Article, no transient merchant shall be re- 
quired to (i) apply for a license under Section 
252, (ii) obtain a license under Section 250, or 
(iii) file a bond under Section 255, during the 
suspension period provided in subsection (b). 

(b) The suspension period shall be that pe- 
riod commencing on the effective date of this 
ordinance and ending thirty (30) days after its 
repeal. (Added by Ord. 117-00, File No. 000439, 
App. 6/2/2000) 



[The next page is 91] 



ARTICLE 4: [RESERVED] 



91 



San Francisco - Business and Tax Regulations Code 92 



[The next page is 113] 



ARTICLE 5: ELECTRICAL MUSICAL DEVICES 



Sec. 350. Definitions. 

Sec. 351. Requirements for Machines. 

Sec. 352. Unlawful Acts. 

Sec. 353. Application for Permit. 

Sec. 354. Action on Application. 

Sec. 355. Investigations. 

Sec. 356. Disapproval of Application — 

Conditions Corrected — 

Approval. 
Sec. 357. Issuance or Denial of Permit. 

Sec. 358. Permit Forwarded to Tax 

Collector. 
Sec. 359. License Fees. 

Sec. 359.1. Electrical Inspection Costs. 
Sec. 360. Contents of Licenses. 

Sec. 361. Posting License in Premises. 

Sec. 362. Removal or Transferring of 

License to Other Person or 

Premises Prohibited. 
Sec. 363. No Prorating or Refunding of 

License Fees. 
Sec. 364. Notification of Issuance of 

License — Placing of Seal of 

Approval. 

Sec. 365. Application for Renewal of 

License or for Additional 

License. 
Sec. 366. Procedure Where No Current 

License. 
Sec. 367. Suspension, Revocation or 

Reinstatement of a Permit, 

Procedure For. 

Sec. 368. Rules and Regulations to be 

Adopted. 
Sec. 369. Ascertainment of Compliance 

With All Laws, Etc. — Inspection 

Therefor. 
Sec. 370. When Deemed a Pubhc 

Nuisance — Procedure Thereon. 
Sec. 371. Violation, a Misdemeanor. 



Sec. 372. 



Sec. 373. 
Sec. 374. 
Sec. 375. 



Permit and License Required 

Notwithstanding Any Other 

Provision of Code. 

Partial Repeal. 

Effective Date. 

Saving Clause — Nonwaiver of 

Debts Due and Unpaid. 



SEC. 350. DEFINITIONS. 

As used in this Article, the following words 
shall have the following respective meanings: 

"Electrical Musical Device" shall mean any 
machine, apparatus or device operated or which 
may be operated by electricity and designed or 
constructed for the purpose of producing or play- 
ing any musical tone or tones or combination of 
tones; and the use, operation or playing of such 
machine, apparatus or device which is permitted 
or allowed by the deposit of any coin, slug or 
token in any slot or receptacle attached to said 
machine, apparatus or device, or connected there- 
with; and which machines, apparatus or device 
does not dispense any Article or thing and cannot 
be operated as a game or contest. 

"Owner or Operator of an Electrical Musical 
Device" shall mean: 

(a) Any owner of such electrical musical 
device who operates or permits same to be oper- 
ated in his place of business or in any place 
under his control, or who installs or maintains to 
be operated the same in any place where the 
same can be operated by person in or about said 
place; 

(b) The person in whose place of business 
any such electrical musical device is placed for 
the use or patronage of the public or of persons in 
or about said place; 

(c) Any person having control over such 
electrical musical device. 

"Person" shall mean any corporation, associa- 
tion, syndicate, joint stock company, partner- 



113 



Sec. 350. 



San Francisco - Business and Tax Regulations Code 



114 



ship, club, Massachusetts business or common 
law trust, society or individual. (Added by Ord. 
785, App. 8/21/40) 

SEC. 351. REQUIREMENTS FOR 
MACHINES. 

Every electrical musical device shall have a 
seal or tag permanently attached thereto show- 
ing the serial number of the electrical musical 
device; and, in addition thereto, a label indicat- 
ing the name and address of the manufacturer 
and the voltage and current necessary for the 
proper operation of said electrical musical de- 
vice. 

Every portable electrical musical device shall 
be equipped with not more than six feet of 
electric cord of a type approved by the Depart- 
ment of Public Works, and shall be connected to 
a convenience plug receptacle adjacent to said 
electrical musical device. 

Where it is necessary to install electrical 
wiring to said electrical musical device location, 
said wiring shall be installed by a registered 
electrical contractor in accordance with the pro- 
visions of Article 1, Chapter III, Part II, of the 
San Francisco Municipal Code. (Added by Ord. 
785, App. 8/21/40) 

SEC. 352. UNLAWFUL ACTS. 

It shall be unlawful for any owner or operator 
of an electrical musical device to install, operate 
or maintain to be operated any electrical musical 
device in the City and County of San Francisco 
without first having obtained a permit in writing 
so to do from the Director of Public Works and 
having the seal of approval as hereinafter pro- 
vided for, placed on each of said electrical musi- 
cal devices. 

It shall be unlawful to remove said seal of 
approval from said device to which it was at- 
tached, as provided for in this Article, and affix 
same to another device or machine. (Added by 
Ord. 785, App. 8/21/40) 

SEC. 353. APPLICATION FOR PERMIT. 

Application for said permit shall be made to 
the Director of Public Works on forms provided 



by the Department of Public Works, shall be 
signed by the applicant, and shall contain the 
following information in addition to whatever 
additional information is deemed necessary by 
the Director of Public Works: 

(a) Name and address of the applicant; 

(b) A complete description of the type of 
electrical musical device and the manner in 
which it is to be placed, maintained to be oper- 
ated or operated; 

(c) The total number of electrical musical 
devices to be placed, maintained to be operated 
or operated for which the permit is requested. 
(Added by Ord. 785, App. 8/21/40) 

SEC. 354. ACTION ON APPLICATION. 

The application for said permit shall be acted 
upon by the Director of Public Works within 10 
days after the filing of such application. (Added 
by Ord. 785, App. 8/21/40) 

SEC. 355. INVESTIGATIONS. 

Upon receipt of said application, the Director 
of Public Works shall cause to be investigated 
the statements as set forth in the application. He 
shall determine whether such electrical musical 
device complies with the ordinances of the City 
and County of San Francisco and the rules and 
regulations of departments concerned. (Added by 
Ord. 785, App. 8/21/40) 

SEC. 356. DISAPPROVAL OF 
APPLICATION— CONDITIONS 
CORRECTED— APPROVAL. 

In the event that the application for said 
permit is disapproved, the Director of Public 
Works shall notify the applicant for said permit 
of such fact. Upon receiving said notice from the 
Director of Public Works, the applicant shall 
have the opportunity of correcting such condi- 
tions as have been disapproved. This correction 
shall be made within 10 days aft;er receipt of said 
notice; and, if such conditions have been cor- 
rected to the satisfaction of the Director of Public 
Works, the permit may be issued. (Added by Ord. 
785, App. 8/21/40) 



115 



Electrical Musical Devices 



Sec. 364. 



SEC. 357. ISSUANCE OR DENIAL OF 
PERMIT. 

If the Director of Public Works approves the 
granting of said permit he may issue a permit to 
said appHcant, which permit shall be serially 
numbered and the renewal or continuance thereof 
shall be governed by the provisions of Section 23, 
Article 1, Part III, of the San Francisco Munici- 
pal Code. The Director of Public Works may in 
the exercise of sound discretion, deny said per- 
mit. (Added by Ord. 785, App. 8/21/40) 

SEC. 358. PERMIT FORWARDED TO 
TAX COLLECTOR. 

When any permit is issued under the provi- 
sions of this Article, the Director of Public Works 
shall cause said permit to be forwarded to the 
office of the Tax Collector for delivery to the 
permittee upon the payment of the fees as here- 
inafter set forth. (Added by Ord. 785, App. 8/21/ 
40) 

SEC. 359. LICENSE FEES. 

Every holder of an electrical musical device 
permit shall pay at the office of the Tax Collector 
a monthly license fee of $2, plus a monthly 
license fee of $1 for each separate electrical 
musical device which the permit authorizes, pay- 
able quarterly in advance, for the periods ending 
on the last days of September, December, March 
and June, of each fiscal year. 

Provided, that when any one of the persons 
mentioned in Subdivisions (a), (b) and (c) of 
Section 350 of this Article, which subdivisions 
define the term "Owner or Operator of an Elec- 
trical Musical Device," obtains a permit and a 
license for the maintenance or operation of said 
electrical musical device, the said permit and 
license shall cover each of the persons mentioned 
in said Subdivisions (a), (b) and (c) of Section 350 
of this Article. (Added by Ord. 785, App. 8/21/40) 

SEC. 359.1. ELECTRICAL INSPECTION 
COSTS. 

In calculating the fees earned by the Electri- 
cal Inspection Division of the Department of 
Public Works pursuant to the provisions of Sec- 
tion 24 of the Charter of the City and County of 



San Francisco IOV2 percent of the license fees 
derived pursuant to Section 359 of this Article 
shall be credited to said Division. (Added by Ord. 
785, App. 8/21/40) 

SEC. 360. CONTENTS OF LICENSES. 

The Tax Collector shall issue a license for 
such electrical musical devices for which the fee 
was paid, showing thereon the: 

(a) Name and address of the permittee; 

(b) Number of electrical musical devices the 
permit authorizes; 

(c) Serial number of the permit and the 
expiration date of the license. (Added by Ord. 
785, App. 8/21/40) 

SEC. 361. POSTING LICENSE IN 
PREMISES. 

The license shall be permanently and con- 
spicuously posted at the premises of the permit- 
tee, and shall not be removed from said location 
during the period for which said license was 
issued. (Added by Ord. 785, App. 8/21/40) 

SEC. 362. REMOVAL OR 
TRANSFERRING OF LICENSE TO 
OTHER PERSON OR PREMISES 
PROHIBITED. 

Nothing in this Article shall permit the re- 
moving or transferring of the license to any other 
person or premises other than those for which 
the license was originally issued. (Added by Ord. 
785, App. 8/21/40) 

SEC. 363. NO PRORATING OR 
REFUNDING OF LICENSE FEES. 

License fees paid under the provisions of this 
Article shall not be prorated or refunded. (Added 
by Ord. 785, App. 8/21/40) 

SEC. 364. NOTIFICATION OF ISSUANCE 
OF LICENSE— PLACING OF SEAL OF 
APPROVAI.. 

Upon the issuance to the permittee of the 
license as provided for in this Article, the Tax 
Collector shall immediately notify, in writing, 
the Director of Public Works of such fact. 



Sec. 364. 



San Francisco - Business and Tax Regulations Code 



116 



Upon receipt of such notification, the Direc- 
tor of Pubhc Works shall cause to be placed in a 
conspicuous and uniform place on each of said 
electrical musical devices for which a permit and 
license was obtained, for the public to see, a seal 
of approval of such shape, design, wording and 
materials as the Controller shall specify. Said 
seal of approval shall remain in full force and 
effect for such period of time as the permit 
provided for in this Article is effective. Upon 
revocation of such permit said seal of approval 
shall be removed by the Director of Public Works 
from such device and destroyed. (Added by Ord. 
785, App. 8/21/40) 

SEC. 365. APPLICATION FOR RENEWAL 
OF LICENSE OR FOR ADDITIONAL 
LICENSE. 

Application for renewal of license shall be 
made to the Tax Collector and shall be made 
within 10 days prior to the expiration of the 
current license. If said application for renewal of 
license be not made within the time specified, 
the permit authorized by this Article shall be- 
come automatically null and void. 

Whenever a licensee, as provided for in this 
Article, desires to install, operate or maintain to 
be operated electrical musical devices in addition 
to the number of said devices authorized by his 
current permit and license, the provisions of this 
Article shall apply; provided, that the monthly 
license fee of $2 shall not be required to be paid. 
(Added by Ord. 785, App. 8/21/40) 

SEC. 366. PROCEDURE WHERE NO 
CURRENT LICENSE. 

If any electrical musical device is placed, 
operated or maintained to be operated without a 
current license, the Director of Public Works 
shall immediately cause same to be impounded 
and shall not release said electrical musical 
device until a new permit has been obtained as 
provided for in this Article for obtaining an 
original permit, and a penalty of twice the amount 
of the delinquent quarterly license fee plus the 
quarterly license fee for the current period has 
been paid to the Tax Collector. Electrical musical 
devices impounded under the provisions of this 



Section shall be held for a period of 90 days and 
if not redeemed within such period shall be 
destroyed or otherwise disposed of by the Direc- 
tor of Public Works. (Added by Ord. 785, App. 
8/21/40) 

SEC. 367. SUSPENSION, REVOCATION 
OR REINSTATEMENT OF A PERMIT, 
PROCEDURE FOR. 

When the Director of Public Works shall 
determine that the permittee or any of the 
permittee's servants, agents or employees, in the 
use, operation or maintenance of any such elec- 
trical musical device is violating or attempting to 
violate any law of the State of California or any 
ordinance of the City and County of San Fran- 
cisco or the rules and regulations of any depart- 
ment thereof concerned; or, if in the opinion of 
the Director of Public Works it is deemed neces- 
sary for the protection of the public, the Director 
of Public Works, after written notice to the 
permittee, shall have power to suspend and, 
after due and proper hearing, shall have power 
to revoke, any permit issued under the provi- 
sions of this Article. 

The Director of Public Works shall cause to 
be forwarded to the Tax Collector written notice 
of any revocation, suspension or reinstatement 
of any permit herein provided for. (Added by Ord. 
785, App. 8/21/40) 

SEC. 368. RULES AND REGULATIONS 
TO BE ADOPTED. 

The Director of Public Works is authorized to 
adopt, promulgate and enforce such rules and 
regulations regarding electrical musical devices 
as will enable the Department of Public Works to 
enforce and carry out the meaning and intent of 
this Article. (Added by Ord. 785, App. 8/21/40) 

SEC. 369. ASCERTAINMENT OF 
COMPLIANCE WITH ALL LAWS, ETC.— 
INSPECTION THEREFOR. 

It shall be the duty of the Director of Public 
Works to ascertain that all of the provisions of 
this Article, all ordinances of the City and County 
of San Francisco and the rules and regulations of 
any departments thereof concerned, pertaining 



117 



Electrical Musical Devices 



Sec. 375. 



to electrical musical devices are strictly complied 
with, and for that purpose the representatives of 
the Department of Public Works shall have ac- 
cess to any electrical musical device at any and 
all times, and same shall be inspected by the 
representatives of the Department of Public Works 
as often as may be deemed necessary. (Added by 
Ord. 785, App. 8/21/40) 

SEC. 370. WHEN DEEMED A PUBLIC 
NUISANCE— PROCEDURE THEREON. 

Any electrical musical device operated or 
maintained to be operated in violation of this 
Article or any ordinances of the City and County 
of San Francisco or the rules and regulations of 
any state or municipal departments concerned 
shall be deemed to be a public nuisance, and any 
such electrical musical device so operated or 
maintained to be operated shall be impounded 
by the Director of Public Works; and, if any court 
of competent jurisdiction shall determine that 
said electrical musical device, or the use or 
operation thereof, violates or has violated any of 
said ordinances, the rules or regulations, said 
electrical musical device shall be confiscated by 
said Director of Public Works; but, if said elec- 
trical musical device is one which may be legally 
operated under the provisions of this Article and 
is seized for the failure of the owner or operator 
thereof to obtain the necessary permit or to pay 
the necessary license fee for the maintenance or 
operation of said electrical musical device, said 
electrical musical device shall be dealt with as 
provided in Section 366 of this Article. (Added by 
Ord. 785, App. 8/21/40) 

SEC. 371. VIOLATION, A 
MISDEMEANOR. 

Any person violating any of the provisions of 
this Article shall be guilty of a misdemeanor. 
(Added by Ord. 785, App. 8/21/40) 

SEC. 372. PERMIT AND LICENSE 
REQUIRED NOTWITHSTANDING ANY 
OTHER PROVISION OF CODE. 

The issuance of a permit or license under the 
provisions of this Article shall not exempt the 
permittee or licensee, notwithstanding any Sec- 



tion of the San Francisco Municipal Code or any 
Section of any ordinance of the City and County 
of San Francisco making any Section or Sections 
thereof inapplicable, from the provisions of the 
San Francisco Municipal Code or any ordinance 
or ordinances of the City and County of San 
Francisco requiring a permit of license. (Added 
by Ord. 785, App. 8/21/40) 

SEC. 373. PARTIAL REPEAL. 

Any and all ordinances, or parts thereof, in 
conflict with the provisions of this Article are 
hereby repealed but only to such extent as con- 
flict may exist. (Added by Ord. 785, App. 8/21/40) 

SEC. 374. EFFECTIVE DATE. 

The effective date of this Article shall be 
October 1, 1940. (Added by Ord. 785, App. 8/21/ 
40) 

SEC. 375. SAVING CLAUSE- 
NONWAIVER OF DEBTS DUE AND 
UNPAID. 

If any Section, Subsection, Subdivision, para- 
graph, sentence, clause or phrase of this Article 
is for any reason held to be unconstitutional, 
such decision shall not affect the validity of the 
remaining portions of this Article. The Board of 
Supervisors hereby declares that it would have 
passed this Article, and each Section, Subsec- 
tion, Subdivision, paragraph, sentence, clause or 
phrase thereof, irrespective of the fact that any 
one or more other Sections, Subsections, Subdi- 
visions, paragraphs, sentences, clauses or phrases 
be declared unconstitutional. 

The enactment of this Article shall not in any 
manner be construed as a waiver of any license 
or permit fee or any other fees or money due and 
unpaid under the provisions of the San Francisco 
Municipal Code or any ordinance of the City and 
County of San Francisco. (Added by Ord. 785, 
App. 8/21/40) 



San Francisco - Business and Tax Regulations Code 118 



[The next page is 133] 



ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS 

Editor's Note: 

Section 6 is located in Article 1 of this Code. 



Sec. 


6.1-1. 


Common Administrative 
Provisions. 


Sec. 


6.7-2. 


Sec. 


6.2-1. 


Common Definitions. 






Sec. 


6.2-2. 


Agent. 


Sec. 


6.8-1. 


Sec. 


6.2-3. 


Article. 






Sec. 


6.2-4. 


Association. 


Sec. 


6.9-1. 


Sec. 
Sec. 


6.2-5. 
6.2-6. 


Business. 

City; City and County. 


Sec. 


6.9-2. 


Sec. 


6.2-7. 


Controller. 


Sec. 


6.9-3. 


Sec. 


6.2-8. 


Day 






Sec. 


6.2-9. 


Employee. 


Sec. 


6.9-4. 


Sec. 


6.2-10. 


Individual. 






Sec. 


6.2-11. 


Month. 






Sec. 


6.2-12. 


Nexus; "Engaging in Business 










within the City" 


Sec. 


6.9-5. 


Sec. 


6.2-13. 


Operator. 






Sec. 

Sec. 
Sec. 
Sec. 


6.2-14. 

6.2-15. 
6.2-16. 
6.2-17. 


Payroll Expense Tax Ordinance; 

Payroll Expense Tax. 

Person. 

Representative. 

Return. 


Sec. 
Sec. 
Sec. 
Sec. 


6.9-6. 
6.9-7. 
6.10-1 
6.10-2 


Sec. 
Sec. 
Sec. 


6.2-18. 
6.2-19. 
6.2-20. 


Successor. 
Tax Collector. 
Tax Year. 


Sec. 
Sec. 


6.10-3 
6.11-1. 


Sec. 
Sec. 


6.2-20.5. 
6.2-21. 


Taxpayer 
Third-Party Taxes. 


Sec. 


6.11-2. 


Sec. 


6.3-1. 


Duties of the Tax Collector. 






Sec. 


6.4-1. 


Records; Investigation; 










Subpoenas. 


Sec. 


6.11-3. 


Sec. 


6.5-1. 


Request for Financial 
Information. 






Sec. 


6.5-2. 


Penalties for Failure to File 
Response to Request for 


Sec. 


6.11-4. 






Financial Information. 


Sec. 


6.12-1. 


Sec. 


6.6-1. 


Certificate of Authority for 










Third-Party Taxes. 


Sec. 


6.12-2. 


Sec. 


6.7-1. 


Collection of Third-Party Taxes. 







Reporting and Remitting 
Third-Party Taxes and Stadium 
Operator Admission Tax. 
City, Public Entity and 
Constitutional Exemptions. 
Determinations, Returns and 
Pajnnents; Due Date of Taxes. 
Determinations, Returns and 
Payments; Returns. 
Determinations, Returns and 
Payments; Prepayments. 
Determinations, Returns and 
Payments; Extension of Time 
for Filing a Return and Paying 
Tax. 

Determinations, Returns and 

Payments; Credits and 

Exemptions. 

Filing and Paying by Mail. 

Partial Payments. 

Collection of Tax; Security. 

Collection of Tax from 

Third-Party 

Collection of Tax; Legal Actions. 

Deficiency Determinations; 

Recomputation; Interest. 

Deficiency Determinations; 
Revocation and Suspension 
Determinations; Notice and 
Service. 

Determination if No Return 
Made; Estimate of Liability, 
Penalties and Interest. 
Determination if No Return 
Made; Notice and Service. 
Jeopardy Determinations; Duty 
of Tax Collector. 

Jeopardy Determinations; When 
Due and Payable; Stay of 



133 



San Francisco - Business and Tax Regulations Code 



134 



Collection; Petition for 

Redetermination; Time of 

Hearing. 
Sec. 6.12-3. Jeopardy Determinations; 

Service of Notice. 
Sec. 6.12-4. Jeopardy Determinations; Effect 

of Nonpayment. 

Sec. 6.12-5. Jeopardy Determinations; 

Petition for Redetermination. 

Sec. 6.13-1. Redeterminations; Petition; 

Time for Filing; Incomplete 

Petitions. 
Sec. 6.13-2. Redeterminations; Hearing and 

Notice. 
Sec. 6.13-3. Redeterminations; Alteration of 

Determination. 
Sec. 6.13-4. Redeterminations; Finality of 

Order. 
Sec. 6.13-5. Exhaustion of Administrative 

Remedies. 
Sec. 6.13-6. Effect of Tax Collector's Notice 

of Examination of Records. 
Sec. 6.14-1. Board of Review; Jurisdiction to 

Decide Pending Taxpayer 

Petitions; Tax Collector Rules 

and Regulations. 
Sec. 6.15-1. Refunds. 
Sec. 6.15-2. Refunds; Interest. 
Sec. 6.15-3. Refunds; Notice of Denial. 
Sec. 6.15-4. Exhaustion of Administrative 

Remedies; Presentation of 

Claim for Refund as 

Prerequisite to Suit; Pajmient of 

Disputed Amount and Petition 

for Refund; Limitations. 
Sec. 6.16-1. Rules and Regulations. 
Sec. 6.17-1. Penalties and Interest for 

Failure to Pay. 
Sec. 6.17-2. Penalties for Underreporting of 

Tax. 
Sec. 6.17-3. Negligence Penalties for Failure 

to Register, Misstatements In 

Registration, Failure to Timely 

Update Registration, Failure to 

Allow Inspection of Records 



Upon Request, and Failure to 
File a Return; Sanction for 
Failure to Produce Requested 
Records. 

Sec. 6.17-4. Waiver of Penalties. 

Sec. 6.17-5. Costs. 

Sec. 6.18-1. Summary Judgment; Notice; 

Certificate. 
Sec. 6.18-2. Summary Judgment; Filing of 

Certificate; Entry of Judgment. 
Sec. 6.18-3. Summary Judgment; Recording 

of Judgment; Lien. 
Sec. 6.18-4. Summary Judgment; Penalty In 

Lieu of Judgment Interest. 
Sec. 6.18-5. Summary Judgment; Additional 

Penalty. 
Sec. 6.18-6. Summary Judgment; Extension 

of Lien. 
Sec. 6.18-7. Summary Judgment; Execution 

Upon the Judgment. 
Sec. 6.18-8. Summary Judgment; 

Satisfaction of Judgment; 

Removal of Lien. 
Sec. 6.19-1. Civil Actions. 
Sec. 6.19-2. Remedies Cumulative. 
Sec. 6.19-3. Administrative Penalties and 

Citations. 
Sec. 6.19-4. Violations. 
Sec. 6.19-5. Administrative Citation; Notice 

of Violation. 

Sec. 6.19-6. Administrative Citation and 

Notice of Violation; Service. 
Sec. 6.19-7. Administrative Citation; 

Contents. 
Sec. 6.19-8. Administrative Appeal. 
Sec. 6.19-9. Regulations. 
Sec. 6.19-10. Judicial Review. 
Sec. 6.19-11. Other Remedies Not Affected. 
Sec. 6.20-1. Relation to Other License 

Ordinances. 
Sec. 6.21-1. Transferee and Successor 

Liability. 
Sec. 6.22-1. Confidentiality. 
Sec. 6.23-1. Severability. 



135 



Common Administrative Provisions 



Sec. 6.2-6. 



SEC. 6.1-1. COMMON ADMINISTRATIVE 
PROVISIONS. 

(a) Except where the specific language of 
the Business and Tax Regulations Code or con- 
text otherwise requires, these common adminis- 
trative provisions shall apply to Articles 6, 7, 9, 
10, lOA, 11, 12, 12-Aand 12-B of such Code. 

(b) Unless expressly provided otherwise, all 
statutory references in this Article and the Ar- 
ticles set forth in Subsection (a) shall refer to 
such statutes as amended from time to time and 
shall include successor provisions. For purposes 
of collecting the Emergency Response Fee under 
Article lOA, any reference to a "tax" in this 
Article shall include the Emergency Response 
Fee where appropriate; provided, however that 
nothing in the operation of this provision shall 
affect the underlying legal character of the Emer- 
gency Response Fee or suggest that the fee is a 
tax. 

(c) For purposes of this Article, a domestic 
partnership established pursuant to Chapter 62 
of the San Francisco Administrative Code shall 
be treated the same as a married couple. (Added 
by Ord. 18-98, App. 1/16/98; amended by Ord. 
71-02, File No. 020193, App. 5/10/2002; Ord. 
26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.2-1. COMMON DEFINITIONS. 

Except where the context otherwise requires, 
the terms used in this Article shall have the 
meaning given to them herein. Definitions used 
in other City codes shall not govern the interpre- 
tation of this Article. (Added by Ord. 18-98, App. 
1/16/98) 

SEC. 6.2-2. AGENT. 

The term "agent" means an agent as that 
term is defined in Title 9, Chapter 1, Article 1 of 
the Civil Code of the State of California (Sections 
2295 et seq.), and includes, without limitation, 
an actual agent, ostensible agent, general agent, 
or special agent. (Added by Ord. 26-04, File No. 
031990, App. 2/19/2004) (Former Sec. 6.2-2 added 
by Ord. 18-98, App. 1/16/98; renumbered Sec. 
6.2-15 by Ord. 26-04) 



SEC. 6.2-3. ARTICLE. 

The term "Article" followed by a number 
means such Article of the Business and Tax 
Regulations Code of the City and County of San 
Francisco Municipal Code. (Added by Ord. 26-04, 
File No. 031990, App. 2/19/2004) (Former Sec. 
6.2-3 added by Ord. 18-98, App. 1/16/98; renum- 
ber Sec. 6.2-20.5 by Ord. 26-04) 

SEC. 6.2-4. ASSOCIATION. 

The term "association" includes a partner- 
ship, limited partnership, limited liability com- 
pany, limited liability partnership and any other 
form of unincorporated business or enterprise 
(except a sole proprietorship). (Add by Ord. 26- 
04, File No. 031990, App. 2/19/2004) (Former 
Sec. 6.2-4 added by Ord. 18-98, App. 1/16/98; 
renumbered Sec. 6.2-17 by Ord. 26-04) 

SEC. 6.2-5. BUSINESS. 

The term "business" means any activity, en- 
terprise, profession, trade or undertaking of any 
nature conducted or engaged in, or ordinarily 
conducted or engaged in, with the object of gain, 
benefit or advantage, whether direct or indirect, 
to the taxpayer or to another or others. The term 
"business" includes nonprofit entities, trade as- 
sociations and subsidiary or independent enti- 
ties which conduct operations for the benefit of 
others and at no profit to themselves. The term 
"business" also includes an organization having 
a formally recognized exemption from income 
taxation pursuant to Section 501(c), 501(d) or 
401(a) of the Internal Revenue Code of 1986, as 
amended, as qualified by Sections 502, 503, 504 
and 508 of the Internal Revenue Code of 1986, as 
amended. (Added by Ord. 26-04, File No. 031990, 
App. 2/19/2004) (Former Sec. 6.2-5 added by Ord. 
18-98, App. 1/16/98; renumbered Sec. 6.2-19 by 
Ord. 26-04) 

SEC. 6.2-6. CITY; CITY AND COUNTY. 

The terms "City" and "City and County" shall 
mean the City and County of San Francisco. 
(Formerly Sec. 6.2-7; added by Ord. 18-98, App. 
1/16/98; renumbered and amended by Ord. 26- 
04, File No. 031990, App. 2/19/2004) (Former 
Sec. 6.2-6 added by Ord. 18-98, App. 1/16/98; 
renumbered Sec. 6.2-7 by Ord. 26-04) 



Sec. 6.2-7. 



San Francisco - Business and Tax Regulations Code 



136 



SEC. 6.2-7. CONTROLLER. 

The term "Controller" means the Controller 
of the City and County of San Francisco, or his or 
her designee. (Formerly Sec. 6.2-6; added by Ord. 
18-98, App. 1/16/98; renumbered and amended 
by Ord. 26-04, File No. 031990, App. 2/19/2004) 
(Former Sec. 6.2-7 added by Ord. 18-98, App. 
1/16/98; renumbered Sec. 6.2-6 by Ord. 26-04) 



SEC. 6.210. INDIVIDUAL. 

The term "individual" means a natural per- 
son, a human being, as distinguished from an 
artificial person such as a corporation or political 
subdivision. (Added by Ord. 26-04, File No. 031990, 
App. 2/19/2004) (Former Sec. 6.2-10 added by 
Ord. 18-98, App. 1/16/98; renumbered Sec. 6.2-13 
by Ord. 26-04) 



SEC. 6.2-8. DAY. 

The term "day" means a calendar day. If the 
last day for performance of any act provided for 
or required by the Business and Tax Regulations 
Code shall be a holiday, as defined in Chapter 7 
(commencing with Section 6700) of Division 7 of 
Title 1 of the California Government Code, or a 
Saturday or Sunday, the act may be performed 
upon the next business day with the same effect 
as if it had been performed upon the day ap- 
pointed. For purposes of this Section, the Friday 
in November immediately after Thanksgiving 
Day shall be considered a holiday. (Formerly Sec. 
6.2-9; added by Ord. 18-98, App. 1/16/98; renum- 
bered and amended by Ord. 26-04, File No. 
031990, App. 2/19/2004) (Former Sec. 6.2-8 added 
by Ord. 18-98, App. 1/16/98; renumbered Sec. 
6.2-11 by Ord. 26-04) 

SEC. 6.2-9. EMPLOYEE. 

The term "employee" means any individual 
in the service of an employer, under an appoint- 
ment or contract of hire or apprenticeship, ex- 
press or implied, oral or written, whether law- 
fully or unlawfully employed, and includes but is 
not limited to, all of the enumerated categories 
in Subsections (a) through (f) of California Labor 
Code Section 3351, regardless of whether Work- 
ers' Compensation Benefits, pursuant to Divi- 
sion 4, Part 1, Section 3200, et seq. of the 
California Labor Code are required to be paid. 
Nothing herein shall be deemed to incorporate 
any provisions from said Labor Code relating to 
scope of employment. (Added by Ord. 26-04, File 
No. 031990, App. 2/19/2004) (Former Sec. 6.2-9 
added by Ord. 18-98, App. 1/16/98; renumbered 
Sec. 6.2-8 by Ord. 26-04) 



SEC. 6.2-11. MONTH. 

The term "month" means a calendar month, 
(Formerly Sec. 6.2.8; added by Ord. 18-98, App. 
1/16/98; renumbered and amended by Ord. 26- 
04, File No. 031990, App. 2/19/2004) (Former 
Sec. 6.2-11 added by Ord. 18-98, App. 1/16/98; 
renumbered Sec. 6.2-21 by Ord. 26-04) 

SEC. 6.2-12. NEXUS: "ENGAGING IN 
BUSINESS WITHIN THE CITY." 

(a) The taxes imposed by Article 12-A (Pay- 
roll Expense Tax Ordinance) and the registration 
fee imposed by Article 12 (Business Registration 
Ordinance) shall apply to any person engaging in 
business within the City unless exempted there- 
from under such Articles. A person is "engaging 
in business within the City," within the meaning 
of this Article, if that person meets one or more of 
the following conditions: 

(1) The person maintains a fixed place of 
business within the City; or 

(2) An employee, representative or agent of 
the person maintains a fixed place of business 
within the City for the benefit or partial benefit 
of the person; or 

(3) The person or one or more of the person's 
employees, representatives or agents owns, rents, 
leases, or hires real or personal property within 
the City for business purposes for the benefit or 
partial benefit of the person; or 

(4) The person or one or more of the person's 
employees, representatives or agents regularly 
maintains a stock of tangible personal property 
within the City, for sale in the ordinary^ course of 
the person's business; or 



137 



Common Administrative Provisions 



Sec. 6.2-17. 



(5) The person or one or more of the person's 
employees, representatives or agents employs or 
loans capital on property within the City for the 
benefit or partial benefit of the person; or 

(6) The person or one or more of the person's 
employees, representatives or agents solicits busi- 
ness within the City for all or part of any seven 
days during a tax year; or 

(7) The person or one or more of the person's 
employees, representatives or agents performs 
work or renders services within the City for all or 
part of any seven days during a tax year; or 

(8) The person or one or more of the person's 
employees, representatives or agents utilizes the 
streets within the City in connection with the 
operation of motor vehicles for business purposes 
for all or part of any seven days during a tax 
year; or 

(9) The person or one or more of the person's 
employees, representatives or agents exercises 
corporate or franchise powers within the City for 
the benefit or partial benefit of the person; or 

(10) The person or one or more of the person's 
employees, representatives or agents liquidates 
a business when the liquidators thereof hold 
themselves out to the public as conducting such 
business. (Formerly Sec. 854; added by Ord. 
63-01, File No. 010274, App. 4/25/2001; renum- 
bered and amended by Ord. 26-04, File No. 
031990, App. 2/19/2004) 

SEC. 6.2-13. OPERATOR. 

The term "operator" means any person con- 
ducting or controlling a business subject to the 
tax on transient occupancy of hotel rooms or the 
tax on occupancy of parking spaces in parking 
stations in the City, including, but not limited to, 
the owner or proprietor of such premises, lessee, 
sublessee, mortgagee in possession, licensee or 
any other person otherwise conducting or con- 
trolling such business. "Operator" shall also in- 
clude any person conducting or controlling a 
business subject to the stadium operator occu- 
pancy tax in the City, as well as any service 
supplier required to collect the utility users tax 



under Article 10 or the emergency response fee 
under Article lOA. (Formerly Sec. 6.2-10; added 
by Ord. 18-98, App. 1/16/98; renumbered and 
amended by Ord. 26-04, File No. 031990, App. 
2/19/2004) 

SEC. 6.2-14. PAYROLL EXPENSE TAX 
ORDINANCE; PAYROLL EXPENSE TAX. 

"Payroll Expense Tax Ordinance" means Ar- 
ticle 12-A; "Payroll Expense Tax" means the tax 
imposed thereunder. (Added by Ord. 26-04, File 
No. 031990, App. 2/19/2004) 

SEC. 6.2-15. PERSON. 

The term "person" means any individual, 
firm, company, partnership, limdted liability part- 
nership, joint venture, association, proprietor- 
ship, social club, fraternal organization, joint 
stock company, domestic or foreign corporation, 
limited liability company, estate, trust, business 
trust, receiver, trustee, trustee in bankruptcy, 
administrator, executor, assigiaee, syndicate, or 
any other group or combination acting as a unit, 
whether mutual, cooperative, fraternal, non- 
profit or otherwise. (Formerly Sec. 6.2-2; added 
by Ord. 18-98, App. 1/16/98; renumbered and 
amended by Ord. 26-04, File No. 031990, App. 
2/19/2004) 

SEC. 6.2-16. REPRESENTATIVE. 

The term "representative" means a represen- 
tative as that term is used in United States 
Public Law 86-272, Section 381 of Title 15 of the 
United States Code, except that such term shall 
include an independent contractor notwithstand- 
ing Section 381(d)(2) of Title 15 of the United 
States Code. (Added by Ord. 26-04, File No. 
031990, App. 2/19/2004) 

SEC. 6.2-17. RETURN. 

The term "return" means any written state- 
ment required to be filed pursuant to Articles 6, 
7, 9, 10, lOA, 11, 12 or 12-A (Formerly Sec. 6.2-4; 
added by Ord. 18-98, App. 1/16/98; renumbered 
and amended by Ord. 26-04, File No. 031990, 
App. 2/19/2004) 



Sec. 6.2-18. 



San Francisco - Business and Tax Regulations Code 



138 



SEC. 6.2-18. SUCCESSOR. 

The term "successor" means any person who, 
through direct or mesne conveyance, purchases 
or succeeds to the business or portion thereof, or 
the whole or any part of the stock of goods, 
wares, merchandise, fixtures or other assets, or 
any interest therein of a taxpayer quitting, sell- 
ing out, exchanging or otherwise disposing of his 
or her business. Any person obligated to fulfill 
the terms of a contract shall be deemed a succes- 
sor to any contractor defaulting in the perfor- 
mance of any contract as to which such person is 
a surety or guarantor. (Added bj^ Ord. 26-04, File 
No. 031990, App. 2/19/2004) 

SEC. 6.2-19. TAX COLLECTOR. 

The term "Tax Collector" means the Tax 
Collector of the City and County of San Fran- 
cisco, or his or her designee. (Formerly Sec. 6.2-5; 
added by Ord. 18-98, App. 1/16/98; renumbered 
and amended by Ord. 26-04, File No. 031990, 
App. 2/19/2004) 

SEC. 6.2-20. TAX YEAR. 

The term "tax year" means the year commenc- 
ing on January 1st of each calendar year ending 
on December 31st of the same calendar year. 
(Added by Ord. 26-04, File No. 031990, App. 
2/19/2004) 

SEC. 6.2-20.5. TAXPAYER. 

The term "taxpayer" means a person re- 
quired under the Business and Tax Regulations 
Code to file a return or pay or remit a tax. 
(Formerly Sec. 6.2-3; added by Ord. 18-98, App. 
1/16/98; renumbered by Ord. 26-04, File No. 
031990, App. 2/19/2004) 

SEC. 6.2-21. THIRD-PARTY TAXES. 

The term "third-party taxes" means the tran- 
sient hotel occupancy tax (Article 7), the parking 
space occupancy tax (Article 9), the utility users 
tax (Article 10) and the emergency response fee 
(Article lOA). (Formerly Sec. 6.2-11; added by 
Ord. 18-98, App. 1/16/98; renumbered and 
amended by Ord. 26-04, File No. 031990, App. 
2/19/2004) 



SEC. 6.3-1. DUTIES OF THE TAX 
COLLECTOR. 

The Tax Collector shall collect and receive 
the taxes imposed by the Business and Tax 
Regulations Code. The Tax Collector shall keep 
an accurate and separate account of all tax 
payments received by the Tax Collector, showing 
the name and address of the taxpayer and the 
date of the pa3Tnents. The Tax Collector shall 
transmit all monies collected pursuant to the 
Business and Tax Regulations Code to the Trea- 
surer for deposit to the general fund, unless 
otherwise provided by law. (Added by Ord. 18-98, 
App. 1/16/98; amended by Ord. 26-04, File No. 
031990, App. 2/19/2004) 

SEC. 6.4-1. RECORDS; INVESTIGATION; 
SUBPOENAS. 

(a) Every taxpayer shall keep and preserve 
such records for a period of five years as may be 
necessary to determine the amount of tax for 
which the person may be liable, including all 
local. State and federal tax returns of any kind. 
The Tax Collector shall have the right to inspect, 
examine, and copy such records at any time 
during normal business hours. Refusal to allow 
full inspection, examination or cop3dng of such 
records shall subject the taxpayer to the penal- 
ties authorized by law, including but not limited 
to Section 6.17-3. Where the taxpayer does not 
have the necessary records to determine liability 
under the Business and Tax Regulations Code or 
fails to produce such records in a timely fashion, 
the Tax Collector may determine the taxpayer's 
liability based upon any information in the Tax 
Collector's possession or that may come into the 
Tax Collector's possession. Such determination 
shall be prima facie evidence of the taxpayer's 
liability in any subsequent administrative or 
judicial proceeding. 

(b) The Tax Collector may order any per- 
sons, whether as taxpayers, alleged taxpayers, 
witnesses, or custodian or records, to produce for 
inspection, examination and copying at the Tax 
Collector's ofHce all books, papers and records 
which the Tax Collector believes may have rel- 
evance to enforcing compliance with the provi- 
sions of the Business and Tax Regulations Code. 



139 



Common Administrative Provisions 



Sec. 6.6-1. 



The Tax Collector may order the attendance 
before the Tax Collector of all persons, whether 
as taxpayers, alleged taxpayers, witnesses, or 
custodian of records, whom the Tax Collector 
believes may have any knowledge of such books, 
papers and records. The Tax Collector may issue, 
and serve, subpoenas to carry out these provi- 
sions. As an alternative to production at the Tax 
Collector's office, the Tax Collector may agree to 
inspect, examine and copy the requested books, 
papers and records at the taxpayer's place of 
business or some other mutually acceptable lo- 
cation, and may require the taxpayer to reim- 
burse the City for the Tax Collector's ordinary 
and reasonable expenses incurred in the inspec- 
tion, examination and copying of such books, 
papers and records, including food, lodging, trans- 
portation and other related items, as appropri- 
ate. (Added by Ord. 18-98, App. 1/16/98; amended 
by Ord. 90-99, File No. 990300, App. 4/30/99; 
Ord. 26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.5-1. REQUEST FOR FINANCIAL 
INFORMATION. 

(a) In addition to a subpoena issued pursu- 
ant to Section 6.4-1, the Tax Collector may, at his 
or her discretion, send any person, whether as 
taxpayer, alleged taxpayer, witness, or custodian 
of records, a written request for financial infor- 
mation relevant to verifying, determining or re- 
determining any person's tax liability or tax- 
exempt status. "Financial information" shall 
include, but not be limited to, bank records, 
journals, ledgers and local. State and federal tax 
returns, and shall include information regarding 
subsidiary, related, affiliated, controlled or con- 
trolling persons in possession of information 
relevant to the Tax Collector's inquiry. The re- 
quest shall be mailed to the person's last known 
address as indicated in the Tax Collector's records. 

(b) Each person to whom a written request 
for financial information has been sent pursuant 
to Subsection (a) of this Section shall complete 
and return the form, with the information re- 
quested, to the Tax Collector within 30 days of 
the date of the mailing of the written request, or 
by such other reasonable deadline as the Tax 
Collector may set forth in the written request. 



Said person shall provide such financial informa- 
tion that the Tax Collector, in writing, has re- 
quested. (Added by Ord. 18-98, App. 1/16/98; 
amended by Ord. 26-04, File No. 031990, App. 
2/19/2004) 

SEC. 6.5-2. PENALTIES FOR FAILURE 
TO FILE RESPONSE TO REQUEST FOR 
FINANCIAL INFORMATION. 

Any persons, including taxpayers, alleged 
taxpayers, witnesses, or custodian of records, 
who fail to respond to the Tax Collector's written 
request for financial information shall be subject 
to any penalties and sanctions provided by law, 
including but not limited to the penalties and 
sanctions provided in Section 6.17-3. (Added by 
Ord. 18-98, App. 1/16/98; amended by Ord. 26-04, 
File No. 031990, App. 2/19/2004) 

SEC. 6.6-1. CERTIFICATE OF 
AUTHORITY FOR THIRD-PARTY TAXES. 

(a) These additional provisions shall apply 
to operators under the transient hotel occupancy 
tax (Article 7), the parking space occupancy tax 
(Article 9), the utility users tax (Article 10) and 
the emergency response fee (Article lOA). 

(b) Every operator engaging in or about to 
engage in business within the City who is re- 
quired to collect or remit any third-party tax 
shall immediately apply to the Tax Collector for 
a certificate of authority on a form provided by 
the Tax Collector. 

(c) The application for a certificate of au- 
thority shall set forth the name under which the 
person transacts or intends to transact business, 
the location of each of the person's places of 
business in the City, and such other information 
as the Tax Collector may require. The applica- 
tion shall be signed by the owner if a sole 
proprietor, by a member or partner, in the case of 
an association, or by an executive officer or some 
person specifically authorized by the corporation 
to sign the application, in the case of a corpora- 
tion. 

(d) Except as provided in Subsections(f), (g) 
and (h) below, the Tax Collector, within 30 days 
after the application is complete, shall issue 



Sec. 6.6-1. 



San Francisco - Business and Tax Regulations Code 



140 



without charge a separate certificate of authority 
to the operator to collect third party taxes from 
customers for each location at which the opera- 
tor is required to collect such taxes. Each certifi- 
cate shall state the location of the place of 
business to which it applies and shall be promi- 
nently displayed at such location in plain view of 
all customers. Certificates of authority may not 
be assigned or transferred. The operator shall 
immediately surrender to the Tax Collector the 
certificate for that location upon the operator's 
cessation of business at that location or upon the 
sale or transfer of the business. 

(e) The holder of a certificate of authority to 
collect parking taxes under Ai'ticle 9 shall re- 
main presumptively liable for the collection of 
parking taxes at the location named in the cer- 
tificate, and for the reporting and remittance of 
such taxes to the Tax Collector, unless and until 
the holder of the certificate both (i) notifies the 
Tax Collector in writing that the holder has 
ceased to conduct a parking business at such 
location, and (ii) surrenders the certificate for 
that location to the Tax Collector. 

(f) The Tax Collector may refuse to issue the 
certificate where, within the 30-day period re- 
ferred to in Subsection (d) above, the Tax Collec- 
tor determines that the operator, or any signa- 
tory to the application, or any person holding a 
10 percent or greater legal or beneficial interest 
in said operator ("10% owner") is not in compli- 
ance with any provision of Articles 6, 7, 9, 10, 
lOA, 12 or 12-A. Solely for purposes of determin- 
ing under this Section whether any such opera- 
tor, signatory or 10% owner is not in compliance 
with such Articles, the Tax Collector may disre- 
gard any corporation or association owned or 
controlled, directly or indirectly, by any such 
operator, signatory or 10% owner and consider 
such corporation or association's operations and 
liabilities as conducted by or as owned by any 
one or more of such corporation or association's 
officers, directors, partners, members or owners. 
For purposes of this Section, (i) the term "owned" 
means ownership of 50 percent or more of the 
outstanding ownership interests in such corpo- 
ration or association, and (ii) the term "con- 
trolled" includes any kind of control, whether 



direct or indirect, whether legally enforceable, 
and however exercisable or exercised over such 
corporation or association. A presumption of con- 
trol arises if the operator, signatory or 10% 
owner is (or was) an officer, director, partner or 
member of such corporation or association. 

(g) Further, if any person subject to this 
Section violates any provision of Articles 6, 7, 9, 
10, lOA, 12 or 12-A, or a rule or regulation 
promulgated by the Tax Collector, including but 
not limited to failing to maintain accurate regis- 
tration information, failure to sign any return or 
pay any tax when due, failure to timely respond 
to any request for information, order for records 
or subpoena, or for any person subject to Article 
9 for failure to comply with the requirements of 
Article 49 of the Police Code, the Tax Collector 
may, after serving the person with written notice 
of his or her determination in the manner pro- 
vided in Section 6.11-2 and an opportunity to be 
heard pursuant to the notice and review pro- 
visions of Sections 6.13-1 et seq., revoke or sus- 
pend that person's certificate of authority. The 
Tax Collector may refuse to issue that person a 
new certificate of authority or to withdraw the 
suspension of an existing certificate until the 
person, signatory to the application for the cer- 
tificate revoked or suspended, signatory to the 
application for a new certificate or withdrawal of 
the suspension, and all 10% owners have com- 
plied with the provisions of Articles 6, 7, 9, 10, 
lOA, 12 or 12-A and corrected the original viola- 
tion to the satisfaction of the Tax Collector. 

(h) Before any certificate of authority shall 
be issued to any applicant to engage in the 
business of renting parking space in a parking 
station in this City, such applicant shall file with 
the Tax Collector a bond naming the City as 
exclusive beneficiary, at all times the applicant 
engages in such business. For any parking sta- 
tion with annual gross receipts less than $100,000, 
such bond shall be in the amount of $5,000. For 
any parking station with annual gross receipts of 
$100,000 or more, such bond shall be in the 
amount of $25,000. Such bond shall be executed 
by the applicant as principal, and by a corpora- 
tion or association which is licensed by the 
Insurance Commissioner of this State to trans- 



141 



Common Administrative Provisions 



Sec. 6.7-1. 



act the business of fidelity and surety insurance, 
as surety. The appHcant shall keep the bond in 
full force and effect for the duration of the 
certificate of authority and all renewals thereof 
issued to such applicant. If the bond provides 
that the term thereof shall be continuous until 
cancelled, the applicant shall provide the Tax 
Collector with certification from the surety of the 
renewal or continuation of the bond: (i) when 
applying for renewal of an existing certificate of 
authority, (ii) when requesting the withdrawal of 
a suspension of an existing certificate of author- 
ity, or (iii) upon written request of the Tax 
Collector. 

The bond shall contain conditions that re- 
quire the applicant to comply fully with all the 
provisions of Business and Tax Regulations Code 
concerning the collection of third-party taxes 
from occupants of parking stations and the re- 
mittance of such taxes to the Tax Collector. The 
bond shall be payable to this City in the amount 
of all unpaid parking taxes on amounts of tax- 
able rents collected by the applicant, together 
with all administrative collection costs, interest, 
penalties, and other costs and charges applicable 
thereto; provided, however, that the aggregate 
liability of the surety for any and all claims 
which may arise under such bond shall in no 
event exceed the face amount of such bond re- 
gardless of the amount due and owing to the 
City. The City may bring an action upon the bond 
for the recovery of any unpaid parking taxes, 
administrative collection costs, interest, penal- 
ties and other costs and charges at any time 
prior to the expiration of the period of limitations 
applicable to the collection of such unpaid taxes 
by the Tax Collector. (Added by Ord. 18-98, App. 
1/16/98; amended by Ord. 8-01, File No. 002018, 
App. 1/26/2001; Ord. 61-01, File No. 002197, 
App. 4/20/2001; Ord. 177-01, File No. 010826, 
App. 8/17/2001; Ord. 26-04, File No. 031990, 
App. 2/19/2004) 

SEC. 6.7-1. COLLECTION OF 
THIRD-PARTY TAXES. 

(a) Every operator receiving payment of 
charges from a customer shall collect the amount 
of the third party tax from the customer. All 



amounts of third party tax so collected shall be 
held to be a special fund in trust for the City. For 
purposes of this Section, a person who otherwise 
qualifies as an operator under Section 6.2-14 
shall not, by reason of the fact that the person is 
exempt from the tax, be exempted from the other 
obligations of an operator, including without 
limitation the obligation to collect and remit to 
the City all third party taxes collected from 
non-exempt customers. 

Where an operator is exempt from the tax 
but its tenant is not exempt, the tenant shall be 
deemed to be an operator and shall be liable for 
the tax. Where a customer is not the end user of 
a good or service subject to such tax, the cus- 
tomer shall be deemed an operator. The exist- 
ence of such deemed operator shall not relieve 
any other operator of obligations under the Busi- 
ness and Tax Regulations Code, including with- 
out limitation the obligation to collect and remit 
the tax to the City. The liability of such deemed 
operator and any other operator for the tax, 
including applicable interest and penalties ac- 
crued through the date of payment, shall be joint 
and several; provided, the City shall be limited to 
only one satisfaction thereof. 

(b) Third party taxes shall be collected, in- 
sofar as practicable, at the same time as and 
along with the collection of charges made in 
accordance with the regular billing practice of 
the operator. If the amount paid by a customer is 
less than the full amount of the charges and tax 
which has accrued for the billing period, a pro- 
portionate share of both the charges and the tax 
shall be deemed to have been paid. 

(c) Where a customer receives more than 
one billing, one or more being for different peri- 
ods than another, the duty to collect shall arise 
separately for each billing period. In all cases of 
transactions upon credit or deferred payment, 
the payment of tax to the Tax Collector may be 
deferred in accordance therewith, and the opera- 
tor shall be liable therefor at the time and to the 
extent that such credits are paid or deferred 
payments are made in accordance with the rate 
of tax owing on the amount thereof. 



Sec. 6.7-1. 



San Francisco - Business and Tax Regulations Code 



142 



(d) Any third party tax imposed upon cus- 
tomers shall be deemed a debt owed by the 
customer to the City. Any such tax required to be 
collected from customers which has not been 
remitted to the Tax Collector shall be deemed a 
debt owed to the City by the person required to 
collect and remit such tax to the City. 

(e) The Tax Collector shall have the power 
to adopt rules and regulations prescribing meth- 
ods and schedules for the collection and payment 
of third party taxes and such methods and sched- 
ules shall provide that the fractional part of one 
cent shall be disregarded unless it amounts to 
one-half of one percent or more, in which case the 
amount (determined without regard to the frac- 
tional part of one cent) shall be increased by one 
cent. 

(f) The Tax Collector may require operators 
under this Section to maintain separate trust 
accounts for taxes collected from customers. The 
Tax Collector shall adopt rules and regulations 
prescribing, among other things, when such ac- 
counts shall be required and how such accounts 
shall be maintained. 

(g) When third-party taxes are not paid 
when due, or when there is any deficiency deter- 
mination or jeopardy determination against an 
operator for third-party taxes, the Tax Collector 
may collect said liabilities, including interest 
and penalties accrued through the date of pay- 
ment, from any person the Tax Collector deter- 
mines was responsible for performing the acts of 
collecting, accounting for, and remitting third 
party taxes to the City and failed to do so. For 
purposes of this Section, a person shall be con- 
sidered to be responsible for performing the acts 
of collecting, accounting for, and remitting third 
party taxes to the City if and to the extent such 
person has the power to control the financial 
decision-making process by which the operator 
allocates funds to creditors in preference to the 
operator's obligation to remit third party taxes to 
the City. When the person responsible for the 
acts of collecting, accounting for, and remitting 
third party taxes to the City cannot otherwise be 
determined, there shall be a rebuttable presump- 
tion that the President and Chief Financial Of- 



ficer of a corporation or any managing partner or 
member of an association is the person respon- 
sible for performing such acts. The liability of 
such persons shall be joint and several with each 
other and with the operator, and shall be estab- 
lished in the manner provided for under this 
Article for other determinations. (Added by Ord. 
18-98, App. 1/16/98; amended by Ord. 26-04, File 
No. 031990, App. 2/19/2004) 

SEC. 6.7-2. REPORTING AND 
REMITTING THIRD-PARTY TAXES AND 
STADIUM OPERATOR ADMISSION TAX. 

(a) All amounts of utility users taxes under 
Article 10 are due and payable to the Tax Collec- 
tor for each month on or before the last day of the 
month immediately following each respective 
monthly period. All amounts of stadium operator 
admission taxes under Article 11 are due and 
payable to the Tax Collector within five days 
after the event, subject to the provisions of 
Section 804 of Article 11. All amounts of third- 
party taxes other than the utility users taxes are 
due and payable to the Tax Collector for each 
calendar quarter on or before the last day of the 
month immediately following each respective 
quarterly period. 

(b) On or before the last day of the month 
immediately following each respective period, 
every operator except the stadium operator shall 
file a return for the preceding period with the 
Tax Collector, on such forms as the Tax Collector 
may prescribe. Stadium Operators shall file a 
return within the time periods set forth in Sec- 
tion 804 of Article 11. 

(c) Returns shall show the amount of tax 
required to be collected for the subject period, 
separately, for each location at which the opera- 
tor conducts business, and such other informa- 
tion as the Tax Collector requires. The Tax 
Collector may require returns to show the total 
number of transactions upon which tax was 
required to be collected and the amount of tax 
due on each such transaction, and for each 
location at which the operator conducts business. 
The Tax Collector may inspect, examine and 
copy records or each such location separately, 
and may issue deficiency and jeopardy determi- 



143 



Common Administrative Provisions 



Sec. 6.9-2. 



nations pursuant to this Article for each such 
location separately, or in combination with one 
or more other locations at which the operator 
conducts business. The operator shall file the 
return, together with remittance of the amount 
of tax due, with the Tax Collector, at the Tax 
Collector's office, on or before the date provided 
in this Section. Returns and remittances are due 
immediately upon cessation of business for any 
reason. 

(d) When a return is filed without full re- 
mittance of the amount reported to be due, the 
amount remaining unpaid, together with any 
nonpayment penalties, are immediately due and 
payable and may be collected by the Tax Collec- 
tor forthwith. (Added by Ord. 18-98, App. 1/16/ 
98; amended by Ord. 91-99, File No. 990301, 
App. 4/30/99; Ord. 26-04, File No. 031990, App. 
2/19/2004) 

SEC. 6.8-1. CITY, PUBLIC ENTITY AND 
CONSTITUTIONAL EXEMPTIONS. 

Nothing in Articles 6, 7, 10, lOA, 11, 12 or 
12-A shall be construed as imposing a tax upon: 

(1) The City; 

(2) The State of California, or any county, 
municipal corporation, district or other political 
sub-division of the State, except where any con- 
stitutional or statutory immunity from taxation 
is waived or is not applicable; 

(3) The United States of America, or any of 
its agencies or subdivisions, except where any 
constitutional or statutory immunity from taxa- 
tion is waived or is not applicable; or 

(4) Any person exempted from the particu- 
lar tax by the Constitution or statutes of the 
United States or the Constitution or statutes of 
the State of California. (Added by Ord. 18-98, 
App. 1/16/98; amended by Ord. 26-04, File No. 
031990, App. 2/19/2004) 

SEC. 6.9-1. DETERMINATIONS, 
RETURNS AND PAYMENTS; DUE DATE 
OF TAXES. 

Except for jeopardy determinations under 
Section 6.12-2, and subject to prepayments re- 
quired under Section 6.9-2, all amounts of taxes 



and fees imposed by Articles 6, 7, 9, 10, lOA, 11 
and 12-A are due and payable, and shall be 
delinquent if not paid to the Tax Collector on or 
before the following dates: 

(a) For the transient hotel occupancy tax 
(Article 7) and the parking space occupancy tax 
(Article 9), for each calendar quarter, on or before 
the last day of the month following each respec- 
tive quarterly period; 

(b) For the payroll expense tax (Article 12- 
A), on or before the last day of February of each 
year; 

(c) For the utility users taxes (Article 10) 
and the emergency response fee (Article lOA), for 
each monthly period, on or before the last day of 
the following month; and 

(d) For the stadium operator admission tax 
(Article 11 ), within five days after the event, 
subject to the provisions of Article 11, Section 
804. (Added by Ord. 18-98, App. 1/16/98; amended 
by Ord. 26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.9-2. DETERMINATIONS, 
RETURNS AND PAYMENTS; RETURNS. 

(a) Except as provided in paragraph (b) 
below, on or before the due date, or in the event 
of a cessation of business, each taxpayer shall 
file a return for the subject period on a form 
provided by the Tax Collector, regardless of 
whether there is a tax liability owing. A person 
subject to any tax or required to remit any third 
party tax who has not received a return form or 
forms from the Tax Collector is responsible for 
obtaining such form(s) and filing a return or 
returns on or before the due date, or upon the 
cessation of business. Returns shall show the 
amount of tax and any third party tax paid or 
otherwise due for the related period and such 
other information as the Tax Collector may re- 
quire. Each person subject to any tax or required 
to remit any third party tax and required to file 
the return shall transmit the return, together 
with the remittance of the amount of tax or third 
party tax due, to the Tax Collector at the Tax 
Collector's office on or before the due date speci- 
fied in Section 6.9-1. 



Sec. 6.9-2. 



San Francisco - Business and Tax Regulations Code 



144 



(b) With respect to each tax year, the Tax 
Collector may exempt from the annual tax re- 
turn filing requirement those taxpayers whose 
liability under the Payroll Expense Tax Ordi- 
nance, computed without regard to the small 
business exemption set forth in Section 905-A of 
Article 12-A, is less than the Minimum Filing 
Amount for such tax year. For purposes of this 
Section, the Minimum Filing Amount shall be an 
amount of tax liability, computed without regard 
to such small business exemption, between zero 
and one thousand dollars ($1,000). The Tax Col- 
lector shall specify the Minimum Filing Amount 
prior to the beginning of each tax year. If the Tax 
Collector fails to specify a Minimum Filing Amount 
prior to the start of a new tax year, the Minimum 
Filing Amount for such tax year shall be the 
Minimum Filing Amount for the preceding tax 
year. (Added by Ord. 18-98, App. 1/16/98; amended 
by Ord. 9-01, File No. 002019, App. 1/26/2001; 
Ord. 26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.9-3. DETERMINATIONS, 
RETURNS AND PAYMENTS; 
PREPAYMENTS. 

(a) Prepayments. Notwithstanding the due 
dates otherwise provided in Section 6.9-1, tax- 
payers shall make prepayments of taxes and 
third party taxes ("tax prepayments") to the Tax 
Collector as follows: 

(1) Hotel and Parking Taxes. The Hotel 
Tax (Article 7) and the Parking Tax (Article 9) 
shall be paid in monthly installments. Such 
monthly installments shall be due and payable 
to the Tax Collector on or before the last day of 
the month immediately following the month for 
which the prepayment is due. Taxes paid in the 
first two monthly installments of any quarterly 
period shall be a credit against the total liability 
such third party taxes for the quarterly period. 
Estimated tax prepayments shall be computed 
based on the estimated tax accrued during the 
month in question, but in no instance shall a 
prepayment be equal to a sum less than 30 
pe^rcent of the tax collected in the immediately 
preceding quarterly period. If the taxpayer can 
establish by clear and convincing evidence that 
the amount of any prepayment will exceed the 



total tax liability for the quarterly period for 
which the tax prepayment becomes due, the Tax 
Collector may, in writing, adjust the amount of 
the tax prepayment. The third monthly install- 
ment of any quarterly period shall be in an 
amount equal to the total tax liability for the 
quarterly period, less the amount of any tax 
prepa3mients actually paid. 

(2) Payroll Expense Tax. The Payroll Ex- 
pense Tax (Article 12-A) shall be paid in bian- 
nual or quarterly installments as follows: 

(A) Small Firm Prepayments. Every per- 
son liable for payment of a total Payroll Expense 
Tax in excess of $2,500 but less than $50,000 for 
any tax year shall pay such tax for the following 
tax year in two installments. The first install- 
ment shall be due and payable, and shall be 
delinquent if not paid on or before, August 1st. 
The first installment shall be a credit against the 
person's total Payroll Expense for the tax year in 
which the first installment is due. The first 
installment shall be in an amount equal to 
one-half (V2) of the person's estimated Payroll 
Expense for such tax year. The estimated liabil- 
ity shall be computed by using 52% of the person's 
taxable payroll expense (as defined in Section 
902.2 of Article 12-A) for the preceding tax year, 
and the rate of tax applicable to the tax year in 
which the first installment is due. The second 
installment shall be reported and paid on or 
before the last day of February of the following 
year. The second installment shall be in an 
amount equal to the person's total Payroll Ex- 
pense Tax for the subject tax year, less the 
amount of the first installment and other tax 
prepayments for such tax year, if amy, actually 
paid. 

(B) Large Firm Prepayments. P]very per- 
son liable for payment of a total Payroll Expense 
Tax in excess of $50,000 for any tax year shall 
pay such tax for the following tax year in four 
quarterly installments. The first, second and 
third quarterly installments shall be due and 
payable, and shall be delinquent if not paid on or 
before, May 1st, August 1st and November 1st, 
respectively. The first, second and third quar- 
terly installments shall be a credit against the 



145 



Common Administrative Provisions 



Sec. 6.9-4. 



person's total Payroll Expense Tax for the tax 
year in which such first, second and third quar- 
terly installments are due. Such quarterly in- 
stallments each shall be in an amount equal to 
one-quarter (V4) of the person's estimated Pay- 
roll Expense Tax liability for such tax year. The 
estimated liability for such tax year shall be 
computed by using 104% of the person's taxable 
payroll expense (as defined in Section 902.1 of 
Article 12-A) for the preceding tax year, and the 
rate of tax applicable to the tax year in which the 
first, second and third quarterly installments 
are due. The fourth installment shall be reported 
and paid on or before the last day of February of 
the following year. The fourth quarterly install- 
ment shall be in an amount equal to the person's 
total Payroll Expense Tax liability for the subject 
tax year, less the amount of the first, second and 
third quarterly installments and other tax pre- 
payments, if any, actually paid. 

(b) Tax Prepayment Penalties. Every per- 
son who fails to pay any tax prepayment re- 
quired under this Section before the relevant 
delinquency date shall pay a penalty in the 
amount of five percent (5%) of the amount of the 
delinquent tax prepayment per month, or frac- 
tion thereof, up to twenty percent (20%) in the 
aggregate, and shall also pay interest on the 
amount of the delinquent tax prepayment from 
the date of delinquency at the rate of one percent 
(1%) per month, or fraction thereof, for each 
month the prepayment is delinquent, until paid. 

(c) Hotel and Parking Taxes. Upon com- 
mencing business, an operator subject to the 
Hotel Tax (Article 7) or the Parking Tax (Article 
9) shall have the option of making prepayments 
in the amount of the actual tax owed or making 
an estimate of the prepayment for the month 
based on the estimated tax accrued during the 
month in question. Once the operator has se- 
lected an option, the operator must continue to 
follow that procedure unless prior written per- 
mission to use the alternative procedure has 
been obtained from the Tax Collector. 

In no instance shall an estimated prepay- 
ment of hotel or parking taxes be less than 30 
percent of such tax collected in the immediately 



preceding quarterly period. If such estimated 
prepayment is less than 30 percent of the tax 
collected in such preceding quarterly period, the 
operator shall be subject to penalties and inter- 
est for the deficiency pursuant to Section 6.17-1. 
If a prepayment based on actual tax owed is less 
than 90 percent of the actual liability for the 
month, the operator shall be subject to penalties 
and interest for the deficiency pursuant to Sec- 
tion 6.17-1. 

(d) Forms and Adjustments. Tax prepay- 
ments required under this Section shall be ac- 
companied by a tax prepayment form prepared 
by the Tax Col-lector, but failure of the Tax 
Collector to furnish the taxpayer with a tax 
prepayment form shall not relieve the taxpayer 
from any tax prepajnnent obligation. The Tax 
Collector may, in writing, adjust the amount of a 
tax prepayment if the taxpayer can establish by 
clear and convincing evidence that the first in- 
stallment of biannual tax prepayments, or first, 
second or third monthly installment of a quar- 
terly tax prepayment, will amount to more than 
one half or one quarter, respectively, of the person's 
total tax liability for the tax year in which the 
installment is due. (Added by Ord. 18-98, App. 
1/16/98; amended by Ord. 26-04, File No. 031990, 
App. 2/19/2004) 

SEC. 6.9-4. DETERMINATIONS, 
RETURNS AND PAYMENTS; EXTENSION 
OF TIME FOR FILING A RETURN AND 
PAYING TAX. 

(a) For good cause, the Tax Collector, in his 
or her discretion, may extend, for a period not to 
exceed 60 days, the time for filing any return 
pursuant to this Article or regulations prescribed 
by the Tax Collector. For prepa,yments of taxes or 
for taxes required to be deposited monthly, the 
Tax Collector may only extend the time for filing 
a return for a period not to exceed 30 days. As a 
condition of such extension, the person seeking 
the extension shall make a payment of not less 
than 90 percent of such person's estimated liabil- 
ity 

(b) Failure to make the required estimated 
prepajrtnent will result in the taxpayer being 
subject to penalties and interest under Section 
6.17-1. 



Sec. 6.9-4. 



San Francisco - Business and Tax Regulations Code 



146 



(c) Notwithstanding Subsection (a) of this 
Section, the Tax Collector may extend any time 
for filing any return or payment of tax or excuse 
penalties for any late filing or late pajnnent if 
billing or other administrative duties of the Tax 
Collector cannot be performed in a timely man- 
ner. (Added by Ord. 18-98, App. 1/16/98; amended 
by Ord. 26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.9-5. DETERMINATIONS, 
RETURNS AND PAYMENTS; CREDITS 
AND EXEMPTIONS. 

The credits and exemptions set forth in Ar- 
ticles 7, 9, 10, lOA, 11, 12 and 12-Aare provided 
on the assumption that the City has the power to 
offer such credits and exemptions. If a credit or 
exemption is invalidated by a court of competent 
jurisdiction, the taxpayer must pay any addi- 
tional amount that the taxpayer would have 
owed but for such invalid credit or exemption. 
Amounts owed as a result of the invalidation of a 
credit or exemption that are paid within three 
years after the decision of the court becomes 
final shall not be subject to interest or penalties. 
(Added by Ord. 18-98, App. 1/16/98; amended by 
Ord. 26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.9-6. FILING AND PAYING BY 
MAIL. 

(a) Filing by Mail. Except as otherwise 
provided in this Section, taxpayers may file any 
return or other document with or make any 
payment to, including a prepayment to, the Tax 
Collector by United States mail. 

(b) Date of Postmark. The date of post- 
mark shall be deemed the date of filing for any 
return or other document, or any payment, de- 
livered to the Tax Collector by United States 
mail if: 

(1) The postmark is made by the United 
States Postal Service; 

(2) The postmark date falls within the pre- 
scribed period, or on or before the prescribed 
date, including any extension, for filing the re- 
turn or other document, or for making the pay- 
ment; 



(3) The return or other document, or the 
payment, was, within that time, deposited in the 
mail in the United States in an envelope or other 
appropriate wrapper, postage prepaid and prop- 
erly addressed to the Tax Collector; and 

(4) The Tax Collector receives the return or 
other document, or the payment, as a result of 
the timely mailing. 

The Tax Collector may provide by regulation 
for application of this rule to postmarks not 
made by the United States Postal Service. 

(c) Registered and Certified Mailing. The 

registration of any return or other document, or 
payment, delivered to the Tax Collector by reg- 
istered mail shall be prima facie evidence that 
the return or other document, or payment, was 
filed with the Tax Collector, and the date of 
registration shall be deemed the postmark date. 
The Tax Collector may provide by regulation for 
the application of this subsection to returns or 
other documents, or payments, delivered to the 
Tax Collector by certified mail. 

(d) Exceptions. This Section shall not ap- 
ply to: 

(1) The filing of a document in, or the mak- 
ing of a payment to, any court; 

(2) Currency or other medium of payment 
unless actually received and accounted for; or 

(3) Returns or other documents, or pay- 
ments, which are required under any provision 
of the Business and Tax Regulations Code or of 
the Tax Collector's regulations to be delivered or 
filed by any method other than by mailing. 

(e) Private Delivery Services. References 
in this Section to the United States mail and a 
postmark of the United States Postal Service 
shall include any designated delivery service and 
any date recorded or marked as described herein 
by any designated delivery service. 

(1) A "designated delivery service" means 
any delivery service provided by a trade or busi- 
ness if such service is designated by the Tax 
Collector for purposes of this Section. The Tax 
Collector may designate a delivery service only if 
he or she determines that such service: 

(A) Is available to the general public; 



147 



Common Administrative Provisions 



Sec. 6.10-2. 



(B) Is at least as timely and reliable on a 
regular basis as the United States mail; 

(C) Records electronically to its database, 
kept in the regtilar course of its business, or 
marks on the cover in which any item referred to 
in this Section is to be delivered or filed, the date 
on which such item was given to such trade or 
business for delivery; and 

(D) Meets such other criteria as the Tax 
Collector may prescribe. 

(2) The Tax Collector may provide a rule 
similar to the rule of Subsection (1) with respect 
to any service provided by a designated delivery 
service which is substantially equivalent to the 
United States registered or certified mail. (Added 
by Ord. 18-98, App. 1/16/98; amended by Ord. 
26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.9-7. PARTIAL PAYMENTS. 

Where a taxpayer owes payments for prior 
years, the Tax Collector may accept partial pay- 
ments. The difference between the amount paid 
by the taxpayer and the total amount due shall 
be treated as a delinquent tax and shall be 
subject to penalties and interest on the unpaid 
balance pursuant to Section 6.17-1. 

Unless the taxpayer specifies otherwise, the 
partial payments shall be applied to the oldest 
year's deficiency, first to administrative collec- 
tion costs, interest, penalties and other costs and 
charges for that year, and the balance, if any, 
shall be applied to the taxes due for that year. 
Any remaining portion of the payment shall then 
be applied to the next oldest year's deficiency in 
the same manner and order. 

The taxpayer may specify that the partial 
payment be applied to a tax year other than the 
oldest, but the order of pajrment between admin- 
istrative collection costs, interest, penalties, other 
costs and charges, and taxes due shall remain 
the same. (Added by Ord. 18-98, App. 1/16/98; 
amended by Ord. 99-99, File No. 990408, App. 
4/30/99; Ord. 26-04, File No. 031990, App. 2/19/ 
2004) 

SEC. 6.10-1. COLLECTION OF TAX; 
SECURITY. 

The Tax Collector, whenever he or she deems 
it necessary to insure compliance with the Busi- 



ness and Tax Regulations Code, may require any 
person subject thereto to deposit with the Tax 
Collector such security as the Tax Collector may 
determine. The amount of the security shall be 
fixed by the Tax Collector, but shall not be 
greater than twice the person's estimated aver- 
age liability for the period for which said person 
files returns, determined in such manner as the 
Tax Collector deems proper. The amount of the 
security may be increased or decreased by the 
Tax Collector subject to the limitations herein 
provided. The Tax Collector may sell the security 
at public auction if it becomes necessary so to do 
in order to recover any tax or any amount re- 
quired to be collected and remitted to the City, 
interest, or penalty due. Notice of the sale shall 
be served upon the person who deposited the 
security and upon the taxpayer, if different, 
personally or by mail; if by mail, service shall be 
made in the manner prescribed for service of a 
notice of a deficiency determination as set out in 
Section 6.11-2 herein, and shall be addressed to 
the person at said person's address as it appears 
in the records of the Tax Collector. Upon any 
sale, any surplus above the amounts due shall be 
returned to the person who deposited the secu- 
rity (Added by Ord. 18-98, App. 1/16/98; amended 
by Ord. 26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.10-2. COLLECTION OF TAX 
FROM THIRD PARTY. 

If any person is delinquent in the payment of 
the amount required to be paid by said person, or 
in the event a determination has been made 
against any person which remains unpaid, the 
Tax Collector may, not later than three years 
after the payment became delinquent, give no- 
tice thereof by mail or by personal service to any 
persons in the City having in their possession or 
under their control any credits or other personal 
property belonging to the delinquent, or owing 
any debts to the delinquent. After receiving such 
notice, the persons so notified shall neither trans- 
fer nor make any other disposition of the credits, 
other personal property, or debts in their posses- 
sion or under their control at the time they 
receive the notice until the Tax Collector con- 
sents to a transfer or disposition or until 20 days 



Sec. 6.10-2. 



San Francisco - Business and Tax Regulations Code 



148 



elapse after the receipt of the notice. All persons 
so notified shall, within five days after receipt of 
the notice, advise the Tax Collector of all such 
credits, other personal property, or debts in their 
possession, under their control, or owing by 
them. Unless otherwise required by law, if per- 
sons so notified transfer such assets in violation 
of the provisions of this section, they shall be- 
come indebted to the Tax Collector for the value 
of the property transferred, or the amount owed 
to the City by the delinquent, whichever is less. 
(Added by Ord. 18-98, App. 1/16/98; amended by 
Ord. 26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.10-3. COLLECTION OF TAX; 
LEGAL ACTIONS. 

(a) The Tax Collector may bring an action in 
the courts of this State, or any other state, or of 
the District of Columbia, or of the United States 
and its territories or possessions, or any other 
forum where permitted by law to recover in the 
name of the City any amount of taxes due and 
payable under the Business and Tax Regulations 
Code and remaining unpaid, together with pen- 
alties, interest, and costs, including reasonable 
attorneys' fees. In prosecuting such actions, the 
Tax Collector shall be entitled to all of the 
provisional remedies provided by law. Any such 
action shall be commenced within three years 
from the date any amount of taxes became due 
and payable, or from the date the return is 
required to be filed or actually filed, whichever 
period expires later; except in the case of any 
deficiency determination pursuant to Sections 
6.12-1 et seq. or 6.13-1 et seq., in which case any 
such action shall be commenced within three 
years after such determination became final. 
However, there shall be no limitation on the time 
in which such actions may be commenced in 
cases of fraud, intent to evade the Business and 
Tax Regulations Code, or failure to file a return. 

(b) When the amount of any tax, penalty or 
interest which has become due and payable 
remains unpaid for 15 days, the Tax Collector 
may record a tax lien with the Assessor-Re- 
corder, thereby creating a tax lien on all of the 
assessee's property and rights to property, includ- 
ing realty, personalty, or intangibles. The Tax 



Collector may record or file such tax lien in any 
other office of any other jurisdiction as permitted 
by law. The tax lien shall identify the Tax Col- 
lector as the lienor, the property subject to the 
lien, and the amount of the lien. Simultaneously 
with the recording, a copy of the tax lien shall be 
mailed to or personally served upon the taxpayer 
or other person determined to be liable for the 
tax at said person's last known address based 
upon the information, contained in the Tax Col- 
lector records. The tax lien after recordation has 
the force, effect and priority of a judgment lien 
and continues for 10 years from the date of 
recording, unless sooner released or otherwise 
discharged. This remedy and any other remedies 
for collection of any taxes, together with all 
administrative collection costs, interest, penal- 
ties and other costs and charges, including rea- 
sonable attorneys' fees, are cumulative and may 
be pursued alternatively and consecutively as 
the Tax Collector determines. (Added by Ord. 
18-98, App. 1/16/98; amended by Ord. 26-04, File 
No. 031990, App. 2/19/2004) 

SEC. 6.11-1. DEFICIENCY 
DETERMINATIONS; RE COMPUTATION; 
INTEREST. 

If the Tax Collector determines there is a 
deficiency with the return or returns of the tax or 
the amount of any tax required to be paid to the 
City by any person, or the Tax Collector deter- 
mines that a person other than the taxpayer is 
jointly and severally liable for any tax, including 
third-party taxes, the Tax Collector may com- 
pute and determine the amount required to be 
paid upon the basis of the facts contained in the 
return or returns or upon the basis of any infor- 
mation within the Tax Collector's possession or 
that may come into the Tax Collector's posses- 
sion. One or more deficiency determinations may 
be made of the amount due for one or for more 
than one period. 

The amount of the determination, inclusive 
of penalties, shall bear interest at the rate of one 
percent per month, or fraction thereof, from the 
fifteenth day after the close of the month or the 
quarterly period for third-party taxes, or from 
the last day of February following the close of the 



149 



Common Administrative Provisions 



Sec. 6.11-3. 



annual period, for which the amount or any 
portion thereof should have been returned until 
the date of payment, or, in the case of stadium 
operator admission taxes, from the due dates of 
said tax as set forth in Article 11, Section 804. 

In making a determination, the Tax Collector 
may offset overpayments for a period or periods 
together with interest on the overpayments, 
against underpayments for another period or 
periods, against penalties, and against the inter- 
est on the underpayments. The interest on un- 
derpayments and overpayments shall be com- 
puted in the manner set forth in Section 6.17-1 
for underpayments and in Section 6.15-2 for 
overpayments. (Added by Ord. 18-98, App. 1/16/ 
98; amended by Ord. 26-04, File No. 031990, 
App. 2/19/2004) 

SEC. 6.11-2. DEFICIENCY 
DETERMINATIONS; REVOCATION AND 
SUSPENSION DETERMINATIONS; 
NOTICE AND SERVICE. 

Upon making a determination pursuant to 
Section 6.11-1, or upon making a determination 
pursuant to Section 6.6-1 that a certificate shall 
not be issued or to suspend or revoke a registra- 
tion, the Tax Collector shall give to the taxpayer 
or other person determined to be liable for the 
tax written notice of the Tax Collector's determi- 
nation. Except in the case of fraud, intent to 
evade the Business and Tax Regulations Code or 
rules and regulations issued or promulgated by 
the Tax Collector, or failure to file a return, in 
which case there is no statute of limitations, 
every notice of a deficiency determination shall 
be served within three years after the fifteenth 
day of the calendar month following the month 
or the quarterly period for which the amount is 
proposed to be determined for third-party taxes, 
or within three years after the last day of Feb- 
ruary following the period for which a return is 
required to be filed, whichever period expires 
later. The Taxpayer may agree in writing to 
extend the period for service of a notice of a 
deficiency determination otherwise provided in 
this paragraph. 

The notice of any determination under this 
Section may be served upon the taxpayer or 



other person determined to be liable for the tax 
personally or by mail; if by mail, service shall be 
by mail to the last known address as indicated in 
the Tax Collector's records. In case of service by 
mail of any notice required by this Article to be 
served upon the taxpayer or other person, the 
service is complete at the time of deposit in the 
United States Post Office. (Added by Ord. 18-98, 
App. 1/16/98; amended by Ord. 26-04, File No. 
031990, App. 2/19/2004) 

SEC. 6.11-3. DETERMINATION IF NO 
RETURN MADE; ESTIMATE OF 
LIABILITY, PENALTIES AND INTEREST. 

If any taxpayer or person responsible for 
paying a tax or remitting a third-party tax fails 
to make a timely return or estimated tax prepay- 
ment, the Tax Collector may miake a determina- 
tion based upon an estimate of the amount of the 
total tax liability of the taxpayer. The estimate 
shall be made for the period or periods in respect 
to which the person failed to timely make a 
return, failed to timely make a prepayment or 
failed to timely remit a tax, and may be based 
upon any information which is in the Tax 
Collector's possession or may come into his or her 
possession. Upon the basis of this estimate, the 
Tax Collector shall compute and determine the 
amount required to be paid to the City, adding to 
the sum thus computed a penalty equal to 20 
percent thereof. One or more determinations 
may be made for one or more than one period. 
Any such determination shall be prima facie 
evidence of the person's liability in any subse- 
quent administrative or judicial proceeding. 

In making a determination, the Tax Collector 
may offset overpayments for a period or periods, 
together with interest on the overpayments, 
against underpayments for another period or 
periods, against penalties, and against the inter- 
est on the underpayments. The interest on un- 
derpajrments and overpayments shall be com- 
puted in the manner set forth in Sections 6.17-1 
and 6.15-2, respectively. The amount of the de- 
terminations, exclusive of penalties, shall bear 
interest at the rate of one percent per month, or 



Sec. 6.11-3. 



San Francisco - Business and Tax Regulations Code 



150 



fraction thereof, from the date of deUnquency 
until the date of payment. (Added by Ord. 18-98, 
App. 1/16/98; amended by Ord. 26-04, File No. 
031990, App. 2/19/2004) 

SEC. 6.11-4. DETERMINATION IF NO 
RETURN MADE; NOTICE AND SERVICE. 

The Tax Collector shall serve the person or 
persons determined to be liable for the tax as 
determined under Section 6.11-3 with written 
notice of the determination and penalty. The Tax 
Collector shall serve the notice upon such per- 
son(s) personally or by mail. (Added by Ord. 
18-98, App. 1/16/98; amended by Ord. 26-04, File 
No. 031990, App. 2/19/2004) 

SEC. 6.12-1. JEOPARDY 
DETERMINATIONS; DUTY OF TAX 
COLLECTOR. 

If the Tax Collector believes that the collec- 
tion of any tax or any amount of any third party 
tax required to be collected and paid to the City 
or of any determination will be jeopardized, in 
whole or in part, by delay, the Tax Collector shall 
serve notice upon the taxpayer or other person 
determined to be liable therefor of his or her 
determination of jeopardy and of the tax or 
amount of third party tax required to be paid to 
the City, and demanding immediate payment 
thereof, together with any interest and penalty 
determined to be due. The Tax Collector may 
consider all facts and circumstances relevant to 
determining whether the collection of any tax 
will be jeopardized by delay, including but not 
limited to indications that the taxpayer intends 
or is taking action to discontinue business activi- 
ties in the City, dissipate or otherwise remove 
assets from the City, or sell, exchange, assign or 
otherwise dispose of personal or business income 
or property. The Tax Collector also may consider 
whether the taxpayer is insolvent or likely to 
become insolvent after the taxes at issue are 
assessed or collected; whether the taxpayer is or 
has been uncooperative or unresponsive in con- 
nection with any investigation, examination, au- 
dit, deficiency determination, assessment or col- 
lection action or procedure undertaken by the 
Tax Collector; what taxable years are at issue; 



how many taxable years are at issue; and whether 
the taxes at issue are third-party taxes. (Added 
by Ord. 18-98, App. 1/16/98; amended by Ord. 
177-01, File No. 010826, App. 8/17/2001; Ord. 
26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.12-2. JEOPARDY 
DETERMINATIONS; WHEN DUE AND 
PAYABLE; STAY OF COLLECTION; 
PETITION FOR REDETERMINATION; 
TIME OF HEARING. 

(a) A jeopardy determination of tax, inter- 
est or penalty is immediately due and payable 
upon the service of the notice of jeopardy deter- 
mination to the taxpayer or other person deter- 
mined to be liable therefor. A lien for the amount 
due in the notice of jeopardy determination may 
be recorded immediately notwithstanding the 
provisions of Section 6.10-1 et seq., and judicial 
proceedings for collection may be commenced at 
once. 

(b) The collection of the whole or any amount 
of a jeopardy determination may be stayed by 
filing with the Tax Collector: (i) a bond in an 
amount equal to the amount (together with in- 
terest thereon to the date of pajnnent) as to 
which the stay is desired, conditioned upon the 
payment of the amount, the collection of which is 
stayed by the bond, upon notice and demand by 
the Tax Collector after a final determination is 
reached on the appeal, or (ii) other security in 
such amount as the Tax Collector may deem 
necessary, not exceeding double the amount (to- 
gether with interest thereon to the date of pay- 
ment) as to which the stay is desired. Any stay 
pursuant to this subsection shall be effective 
only against the person on whose behalf the bond 
or other security is provided. 

(c) Upon filing of the bond or other security, 
the collection of so much of the jeopardy deter- 
mination amount as is covered by the bond or 
other security shall be stayed pending the exer- 
cise by the taxpayer or other person determined 
to be liable for the tax of his or her appeal rights. 
The person on whose behalf the bond or other 
security is submitted, shall have the right to 
waive such stay at any time in respect of the 
whole or any part of the amount covered by the 



151 



Common Administrative Provisions 



Sec. 6.12-5. 



bond or other security, and if as a result of such 
waiver any part of the amount covered by the 
bond or other security is paid, then the bond or 
other security shall, at the request of said per- 
son, be proportionately reduced. If any portion of 
the jeopardy determination is abated, the bond 
or other security shall be proportionately re- 
duced, at the request of the person on whose 
behalf the bond or other security was provided. 

(d) Where collection of the whole or any 
amount of a jeopardy determination has been 
stayed under this Section, the period of limita- 
tion on any action to collect from the person on 
whose behalf the bond or other security has been 
provided shall be tolled during the period of such 
stay (Added by Ord. 18-98, App. 1/16/98) 

SEC. 6.12-3. JEOPARDY 
DETERMINATIONS; SERVICE OF 
NOTICE. 

Service of notice of a jeopardy determination 
shall be provided in the manner set forth in 
Section 6.11-2. (Added by Ord. 18-98, App. 1/16/ 
98) 

SEC. 6.12-4. JEOPARDY 
DETERMINATIONS; EFFECT OF 
NONPAYMENT. 

If the amount specified in the jeopardy deter- 
mination is not paid within 15 days after service 
of notice thereof upon the person against whom 
the determination is made, and no petition for 
redetermination is filed within the 15 days, the 
delinquency penalty provided in Section 6.17-1 
shall attach to the tax or the amount of the tax 
required to be collected. (Added by Ord. 18-98, 
App. 1/16/98) 

SEC. 6.12-5. JEOPARDY 
DETERMINATIONS; PETITION FOR 
REDETERMINATION. 

Any person against whom a jeopardy deter- 
mination is made may petition for the redeter- 
mination thereof pursuant to Section 6.13-1 et 
seq. of this Article. The taxpayer shall, however, 
file the petition for redetermination with the Tax 
Collector within 15 days after the service of 
notice of determination. If a petition for redeter- 



mination of a jeopardy determination is not filed 
within the foregoing 15-day period, the determi- 
nation becomes final at the expiration of that 
period. 

The filing of a petition for redetermination of 
a jeopardy determination shall not operate to 
stay collection. Collection may be stayed only as 
provided in Section 6.12-2 above. 

If a timely petition for redetermination of a 
jeopardy determination is filed , the Tax Collec- 
tor shall review the matters raised in the peti- 
tion including, if requested, v/hether the issu- 
ance of the jeopardy determination was w^arranted 
under the circumstances. In making this deter- 
mination, the Tax Collector shall grant the tax- 
payer or other person determined to be liable for 
the tax or such taxpayer or person's authorized 
representative an oral hearing if requested in 
the petition. 

If, in the review process, the Tax Collector 
determines that the determination of jeopardy 
was improper or unwarranted, any collection 
action taken shall be withdrawn, pending the 
ultimate administrative determination of the 
amount of the deficiency due f!rom the taxpayer 
or other person claimed to be liable for the tax 
claimed to be due in the jeopardy determination 
notice. Neither the validity of the determination 
of tax, nor the burden of proof, shall be affected 
by the Tax Collector's determination that the 
determination of jeopardy was improper or un- 
warranted. 

The taxpayer or other person determined to 
be liable for the tax has the right to an oral 
hearing and determination by the Tax Collector 
upon the matters raised in the petition within 45 
days from the date of the filing of the petition for 
redetermination, as scheduled by the Tax Collec- 
tor, unless the taxpayer waives said time period. 
The 45-day period shall be tolled during the 
period between the date of service of a written 
notification authorized by Section 6.13-l(b) of 
the additional information or records necessary 
for the Tax Collector to evaluate and decide the 
petition, and the date of receipt of all such 
information and records by the Tax Collector. 
(Added by Ord. 18-98, App. 1/16/98; amended by 
Ord. 26-04, File No. 031990, App. 2/19/2004) 



Sec. 6.13-1. 



San Francisco - Business and Tax Regulations Code 



152 



SEC. 6.13-1. REDETERMINATIONS; 
PETITION; TIME FOR FILING; 
INCOMPLETE PETITIONS. 

(a) Any person against whom a determina- 
tion is made under the Business and Tax Regu- 
lations Code may petition the Tax Collector for a 
redetermination within 30 days after service of 
the notice thereof, except for a petition for rede- 
termination of a jeopardy determination, which 
the person may file within 15 days after service 
of the notice as provided in Section 6.12-5. If a 
petition for redetermination is not filed within 
the applicable period, the determination be- 
comes final at the expiration of the period. The 
final determination may be enforced or collected 
by any method authorized by law, including but 
not limited to lien, levy, and judicial enforce- 
ment, including provisional remedies and injunc- 
tive relief. 

(b) Every petition for redetermination shall 
be verified by the person against whom the Tax 
Collector made the determination, stating under 
penalty of perjury the specific grounds upon 
which the petition is founded, with specificity 
sufficient to enable the Tax Collector to under- 
stand and evaluate the petition, and verifying 
the information and authenticating the records 
upon which the petitioner relies in support of the 
petition. If the Tax Collector determines that the 
petition fails to state specific grounds for rede- 
termination, lacks sufficient specificity to under- 
stand and evaluate the petition, or is not accom- 
panied by information and records in support of 
the petition the Tax Collector reasonably deems 
necessary to evaluate and decide the petition, 
the Tax Collector in his or her discretion may 
either deny the petition as incomplete or may 
require the petitioner in writing to supplement 
the petition with additional information or records 
the Tax Collector deems reasonably necessary to 
decide the petition. The petitioner shall submit 
such information and records in support of the 
petition to the Tax Collector within 30 days of 
service of the Tax Collector's written request, 
which shall be served in the manner prescribed 
in Section 6.11-2. If mailed, service of the notice 
is complete at the time of deposit in the United 
States Post Office. Failure of the petitioner to 



provide all of the information and records set 
forth in the written request within the 30-day 
period shall be sufficient ground for the Tax 
Collector to deny the petition, and the petitioner 
shall be subject to the penalties and sanctions 
provided in Section 6.17-3. (Added by Ord. 18-98, 
App. 1/16/98; amended by Ord. 26-04, File No. 
031990, App. 2/19/2004) 

SEC. 6.13-2. REDETERMINATIONS; 
HEARING AND NOTICE. 

If a petition for redetermination is timely 
filed, the Tax Collector shall reconsider the de- 
termination. If requested in the petition, the Tax 
Collector shall grant the person or the person's 
authorized representative an oral hearing, and 
shall give such person or representative not less 
than 15 days notice of the time and place of the 
hearing. The Tax Collector may continue the 
hearing from time to time as may be necessary. 
(Added by Ord. 18-98, App. 1/16/98; amended by 
Ord. 26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.13-3. REDETERMINATIONS; 
ALTERATION OF DETERMINATION. 

The Tax Collector may decrease or increase 
the amount of the determination, including the 
amount of the tax, penalties or interest, before it 
becomes final. The amount may be increased 
only if a claim for the increase is asserted by the 
Tax Collector, and the Tax Collector provides 
written notice thereof to the person against whom 
the Tax Collector issued the determination at 
least five days before the hearing. Nothing in 
this Section shall preclude a new audit or deter- 
mination by the Tax Collector of a new or supple- 
mental deficiency. The burden of proof in any 
proceeding for redetermination or appeal thereof 
shall be on the taxpayer, who shall have the 
burden of proving that the Tax Collector's deter- 
mination is incorrect. (Added by Ord. 18-98, App. 
1/16/98; amended by Ord. 26-04, File No. 031990, 
App. 2/19/2004) 

SEC. 6.13-4. REDETERMINATIONS; 
FINALITY OF ORDER. 

The order or decision of the Tax Collector 
upon a petition for redetermination becomes 



153 



Common Administrative Provisions 



Sec. 6.14-1. 



final 15 days after service upon the petitioner of 
notice thereof. Service of the order or decision of 
the Tax Collector shall be served in the manner 
prescribed in Sec. 6.11-2. 

All determinations made by the Tax Collector 
under Sections 6.13-1 and 6.13-2 of this Article 
are due and payable at the time they become 
final, except jeopardy determinations made pur- 
suant to Section 6.12-1 et seq., which become due 
and payable upon service of the jeopardy deter- 
mination. (Added by Ord. 18-98, App. 1/16/98; 
amended by Ord. 26-04, File No. 031990, App. 
2/19/2004) 

SEC. 6.13-5. EXHAUSTION OF 
ADMINISTRATIVE REMEDIES. 

Prior to seeking judicial relief, persons against 
whom a jeopardy determination or deficiency 
determination is made must exhaust their ad- 
ministrative remedies by: (i) petitioning to the 
Tax Collector for redetermination, and (ii) pay- 
ing the full amount owed as set froth in the final 
determination and presenting a claim for refund 
to the Controller under Sections 6.15-1 et seq. 
(Added by Ord. 26-04, File No. 031990, App. 
2/19/2004) 

SEC. 6.13-6. EFFECT OF TAX 
COLLECTORS NOTICE OF 
EXAMINATION OF RECORDS. 

The Tax Collector's issuance of a notice of 
deficiency or failure to issue such a notice for any 
period may not be treated as precedent for any 
particular method or manner of reporting or 
treating any item included or excluded on any 
return for purposes of any other or future item 
appearing or reported on a return. (Added by 
Ord. 26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.14-1. BOARD OF REVIEW; 
JURISDICTION TO DECIDE PENDING 
TAXPAYER PETITIONS; TAX COLLECTOR 
RULES AND REGULATIONS. 

(a) From and after the effective date of the 
repeal of Sections 6.14-2 and 6.14-3 of this Ar- 
ticle, the Board of Review shall lack jurisdiction 
to accept any new petition for redetermination or 



petition for refund, or any modification or amend- 
ment to such petitions pending before the Board 
of Review upon such effective date. 

(b) The Board of Review shall promptly 
review and rule upon all petitions for redetermi- 
nation and petitions for refund pending before it 
upon the effective date of the repeal of Sections 
6.14-2 and 6.14-3 of this Article. Such reviews 
and rulings shall be made in accordance with the 
provisions of Sections 6.14-1 through 6.14-3 of 
this Article, inclusive, as such sections read on 
the date immediately preceding the effective 
date of the repeal of Sections 6.14-2 and 6.14-3 of 
this Article. 

(c) From and after the effective date of the 
repeal of Section 6.14-3 of this Article, the Board 
of Review shall lack jurisdiction to approve or 
disapprove any rule or regulation adopted by the 
Tax Collector. Any rule or regulation adopted by 
the Tax Collector that is pending before the 
Board of Review on the date immediately preced- 
ing the effective date of the repeal of Section 
6.14-3 of this Article shall take effect by opera- 
tion of law on the effective date of the repeal of 
Section 6.14-3 of this Article. 

(d) Upon issuance of the ruling by the Board 
of Review or other disposition on all petitions for 
redetermination and petitions for refund pend- 
ing before the Board of Review on the effective 
date of the repeal of Section 6.14-2 of this Article, 
the Clerk of the Board of Review shall issue a 
written certification to the Mayor, Clerk of the 
Board of Supervisors and Tax Collector that the 
Board of Review has concluded its work. Upon 
issuance of such certification, the Board of Re- 
view shall cease to exist. (Added by Ord. 18-98, 
App. 1/16/98; amended by Ord. 26-04, File No. 
031990, App. 2/19/2004) 

Sec. 6.14-2. 

(Added by Ord. 18-98, App. 1/16/98; repealed by 

Ord. 26-04, File No. 031990, App. 2/19/2004) 

Sec. 6.14-3. 

(Added by Ord. 18-98, App. 1/16/98; repealed by 

Ord. 26-04, File No. 031990, App. 2/19/2004) 



Sec. 6.15-1. 



San Francisco - Business and Tax Regulations Code 



154 



SEC. 6.15-1. REFUNDS. 

(a) Except as otherwise provided in subdi- 
vision (c) below, the Controller shall refund or 
cause to be refunded the amount of any tax, 
interest or penalty that has been overpaid or 
paid more than once, or has been erroneously or 
illegally collected or received by the City, pro- 
vided the person that paid such amount files 
with the Controller, within the later of one year 
of payment of such amount or when the return 
accompanying such payment was due, a verified 
claim in writing therefor, stating under penalty 
of perjury: (i) the specific amount claimed to 
have overpaid or paid more than once, or erro- 
neously or illegally collected or received by the 
City, (ii) the tax periods at issue, and (iii) the 
grounds upon which the claim is founded, with 
specificity sufficient to enable the Tax Collector 
and other responsible City officials to under- 
stand and evaluate the claim. The Controller 
shall enter the claim in the claim register, and 
shall forthwith forward it to the City Attorney. 
The City Attorney shall review the claim for 
compliance with this section and other laws as 
may be applicable thereto. Within 20 days after 
the claim is presented the City Attorney shall 
give written notice of its insufficiency, stating 
with particularity the defects or omissions therein. 
Upon receipt of the claim, the City Attorney shall 
forthwith request an investigation by the Tax 
Collector. The Tax Collector shall submit a report 
with respect to the claim and recommendation 
thereon to the City Attorney within 30 days of 
receipt of the City Attorney's request. The City 
Attorney may reject any and all claims the 
Controller forwards to the City Attorney, and 
shall notify the claimant of such rejection. Allow- 
ance or compromise and settlement of claims 
under this section in excess of $25,000 shall 
require the written approval of the City Attorney 
and approval of the Board of Supervisors by 
resolution. The City Attorney may allow or com- 
promise and settle such claims if the amount is 
$25,000 or less. No claim may be paid until the 
Controller certifies that monies are available 
from the proper funds or appropriations to pay 
the claim as allowed or as compromised and 
settled. For purposes of this Section 6.15-1, a 



claim shall be deemed to accrue on the later of 
the date the return was due or the tax was paid. 

(b) The claim shall be on a form furnished 
by the Controller. A claim may be returned to the 
person if it was not presented using the form. A 
refund claim may only be signed by the taxpayer 
or other person determined to be liable for the 
tax or said person's guardian or conservator. No 
other agent, including the taxpayer's attorney, 
may sign a refund claim. Class claims for re- 
funds shall not be permitted. If the claim is 
approved as set forth in subdivision (a) above, 
the excess amount collected or paid may be 
refunded or may be credited on any amount due 
and payable, from the person from whom it was 
collected or by whom paid and the balance may 
be refunded to such person, his administrator or 
executors. 

(c) The City Attorney, in his or her discre- 
tion and upon good cause shown, prior to the 
expiration of the one-year limitations period, 
may waive the requirement set forth in subdivi- 
sion (a) above that a taxpayer file a written 
verified claim for a refund in any case in which 
the Tax Collector and City Attorney determine 
on the basis of other evidence that (i) an amount 
of tax, interest or penalty has been overpaid or 
paid more than once, or has been erroneously or 
illegally collected or received by the City, and (ii) 
all other conditions precedent to the payment of 
a refund to the taxpayer have been satisfied. 

(d) The City Attorney shall allow, reject or 
otherwise act upon a claim for refund in a 
manner specified in Government Code Section 
912.6 within 45 days after it is presented to the 
Controller. If the claim is amended, the City 
Attorney shall act on the amended claim within 
45 days after the amended claim is presented. 
The claimant may agree in writing to extend the 
period within which the City Attorney must act 
on the claim for refund prior to expiration of the 
original 45-day period. The claimant may deem 
the claim for refund denied and seek judicial 
relief if the City Attorney does not act upon the 
claim within the 45-day period, or such extended 
period to which the claimant has agreed. (Added 
by Ord. 18-98, App. 1/16/98; amended by Ord. 
92-99, File No. 990302, App. 4/30/99; Ord. 57-00, 
File No. 000183, App. 4/7/2000; Ord. 26-04, File 
No. 031990, App. 2/19/2004) 



155 



Common Administrative Provisions 



Sec. 6.16-1. 



SEC. 6.15-2. REFUNDS; INTEREST. 

(a) Any amounts refunded shall bear inter- 
est at the rate of % of one percent per month or 
fraction thereof; or the average rate of interest 
computed over the preceding six-month period, 
lawfully obtainable by the San Francisco Trea- 
surer on deposits of public funds at the time 
refund is made, whichever rate is lower, and 
shall be computed from the date of payment to 
the date of refund except for amounts refunded 
as a result of a final judicial determination of the 
invalidity of any portion of or amendment to the 
Business and Tax Regulations Code, or the in- 
validity of any administrative interpretation 
thereof, in which case interest shall be computed 
from the date of the claim for refund to the date 
of refund. 

(b) If the Controller offsets overpayments 
for a period or periods against underpayments 
for another period or periods, against penalties 
or against interest on the underpayments, the 
taxpayer will be credited with interest on the 
amount so applied at the rate of interest set forth 
above, computed from the date of payment. 

(c) If a taxpayer chooses to apply all or part 
of a refund against a future year's liability, the 
taxpayer will not be credited with interest on the 
amount so applied. (Added by Ord. 18-98, App. 
1/16/98; amended by Ord. 26-04, File No. 031990, 
App. 2/19/2004) 



SEC. 6.15-3. REFUNDS; NOTICE OF 
DENIAL. 

If the claim for refund is denied, the City 
Attorney shall serve or cause to be served notice 
of such denial upon the taxpayer personally or by 
mail. The notice of denial of such claim shall be 
in a form substantially similar to the form for 
notice of rejection of claims set forth in Govern- 
ment Code Section 913. (Added by Ord. 18-98, 
App. 1/16/98; amended by Ord. 26-04, File No. 
031990, App. 2/19/2004) 



SEC. 6.15-4. EXHAUSTION OF 
ADMINISTRATIVE REMEDIES; 
PRESENTATION OF CLAIM FOR 
REFUND AS PREREQUISITE TO SUIT; 
PAYMENT OF DISPUTED AMOUNT AND 
PETITION FOR REFUND; LIMITATIONS. 

(a) Persons claiming they are aggrieved un- 
der the Business and Tax Regulations Code must 
first pay the amount of the disputed tax, penalty 
and interest, and present a claim for refund to 
the Controller, prior to seeking judicial relief 

(b) Presentation of a claim for refund that 
substantially complies with Sections 6.15 et seq. 
is a prerequisite to suit. 

(c) Any judicial proceeding shall be com- 
menced no later than six (6) months from the 
date the notice of denial of the claim for refund 
was personally delivered or deposited in the 
mail, or within two (2) years of accrual of the 
cause of action if notice of denial of the claim for 
refund is not served on the person as set forth in 
Section 6.15-3. (Added by Ord. 26-04, File No. 
031990, App. 2/19/2004) 

SEC. 6.16-1. RULES AND 
REGULATIONS. 

The Tax Collector may promulgate regula- 
tions and issue rules, determinations and inter- 
pretations consistent with the provisions of the 
Business and Tax Regulations Code as may be 
necessary or appropriate for the purpose of car- 
r5dng out and enforcing the payment, collection 
and remittance of taxes and to apply such Code 
and any rules and regulations promulgated there- 
under in a lawful manner. The Tax Collector 
shall hold a public hearing and allow public 
comment on any proposed rule or regulation 
prior to adoption thereof The Tax Collector shall 
provide not less than 10 daj^s notice of such 
public hearing. A copy of such rules and regula- 
tions shall be on file and available for public 
examination in the Tax Collector's office. Failure 
or refusal to comply with any rules and regula- 
tions promulgated by the Tax Collector shall be 
deemed a violation of the Business and Tax 
Regulations Code. The Tax Collector may pre- 
scribe the extent to which any ruling or regula- 



Sec. 6.16-1. 



San Francisco - Business and Tax Regulations Code 



156 



tion shall be applied without retroactive effect. 
(Added by Ord. 18-98, App. 1/16/98; amended by 
Ord. 26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.17-1. PENALTIES AND INTEREST 
FOR FAILURE TO PAY. 

Any person who fails to pay any tax to the 
City, or any amount of tax required to be col- 
lected and paid to the City, from the date such 
tax becomes delinquent under Section 6.9-1 shall 
pay a penalty of five percent of the tax or amount 
of the tax, in addition to the tax or amount of tax, 
if the failure is for not more than one month, 
with an additional 5 percent for each month or 
fraction of a month during which such failure 
continues, up to 20% in the aggregate, plus 
interest at the rate of one percent per month, or 
fraction of a month, from the date such tax or the 
amount of such tax becomes delinquent under 
Section 6.9-1 until the date of payment. Any 
taxes remaining unpaid for a period of 90 days 
after notification that the tax is delinquent shall 
be subject to an additional penalty of 20 percent 
of the tax or amount of the tax. If the failure to 
pay any tax is due to fraud or an intent to evade 
the Business and Tax Regulations Code or the 
Tax Collector's rules and regulations, an addi- 
tional penalty in the amount of 50 percent of the 
amount due, exclusive of any other penalties and 
interest, shall be added thereto. A taxpayer or 
other person against whom a fraudulent failure 
to pay penalty is asserted is entitled to a notice of 
such determination to be issued in accordance 
with the provisions of Section 6.11-1 et seq. and 
to the appeal rights set forth in Sections 6.13-1 et 
seq. (Added by Ord. 18-98, App. 1/16/98; amended 
by Ord. 93-99, File No. 990303, App. 4/30/99; 
Ord. 26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.17-2. PENALTIES FOR 
UNDERREPORTING OF TAX. 

If the Tax Collector determines that all or 
part of any tax required to be reported on any 
return was underreported and that such under- 
reporting was attributable to negligence or in- 
tentional disregard of rules and regulations, the 
Tax Collector may impose a penalty upon the 
taxpayer in the amount of 5 percent of the 



amount of the underreported tax, in addition to 
the tax or amount of tax, if the negligence or 
intentional disregard of rules and regulations is 
for not more than one month, with an additional 
5 percent for each month or fraction of a month 
during which such negligence or intentional dis- 
regard of rules and regulations continues, up to 
20 percent in the aggregate. When it is deter- 
mined by the Tax Collector that all or part of any 
tax required to be reported on any return was 
underreported and such underreporting was at- 
tributable to fraud or an intent to evade the 
Business and Tax Regulations Code, the Tax 
Collector may impose a penalty upon the tax- 
payer in the amount of 50 percent of the amount 
of the underreported tax. The taxpayer or other 
person determined to be liable for penalties 
pursuant to this Section are entitled to a notice 
of such determination to be issued in accordance 
with the provisions of Section 6.11-1 et seq. and 
to the appeal rights set forth in Sections 6.13-1 et 
seq. (Added by Ord. 18-98, App. 1/16/98; amended 
by Ord. 95-99, File No. 990305, App. 4/30/99; 
Ord. 26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.17-3. NEGLIGENCE PENALTIES 
FOR FAILURE TO REGISTER, 
MISSTATEMENTS IN REGISTRATION, 
FAILURE TO TIMELY UPDATE 
REGISTRATION, FAILURE TO ALLOW 
INSPECTION OF RECORDS UPON 
REQUEST, AND FAILURE TO FILE A 
RETURN; SANCTION FOR FAILURE TO 
PRODUCE REQUESTED RECORDS. 

(a) Any person who fails to register, fails to 
up-date a registration within seven days of a 
material change or whose registration contains a 
material misstatement, or fails to comply with a 
rule or regulation promulgated by the Tax Col- 
lector pursuant to the provisions of the Business 
and Tax Regulations Code within the prescribed 
time limits shall pay, in addition to any other 
liability that may be imposed under the provi- 
sions of this Article, a penalty in an amount 
equal to the penalized taxpayer's annual fee for 
obtaining a registration certificate as set forth in 
Article 12. 



157 



Common Administrative Provisions 



Sec. 6.18-1. 



(b) Any person who fails to file a return or 
returns required under this Article on or before 
the date prescribed for filing shall pay a penalty 
in the amount of $100 for each such failure. The 
penalty under this provision shall be in addition 
to any other liability that may be imposed under 
the provisions of this Article. 

(c) Any person who fails to allow a full 
inspection of records pursuant to a request made 
by the Tax Collector within the time prescribed 
by the Tax Collector shall pay, in addition to any 
other liability that may be imposed under the 
provisions of this Article, a penalty in the amount 
of $500 for each such failure. 

(d) Unless the failure to allow inspection 
was due to reasonable cause and not willful 
neglect, any person who fails to allow a full 
inspection of records pursuant to a written re- 
quest made by the Tax Collector may not contest 
the Tax Collector's decision regarding the amount 
of such person's liability for any taxes, adminis- 
trative collection costs, interest, penalties or 
other costs and charges imposed under the Busi- 
ness and Tax Regulations Code, or oppose the 
collection of such amount, in any subsequent 
administrative or judicial proceeding, on the 
basis of any record the Tax Collector previously 
requested in writing that such person failed to 
make available to the Tax Collector on or before 
the earliest to occur of the following: 

(1) The conclusion of the hearing on a peti- 
tion for redetermination held pursuant to Sec- 
tions 6.12-5 or 6.13-2; 

(2) The date the jeopardy determination 
became final under Section 6.12-5 if such person 
did not request hearing thereon; 

(3) The date the deficiency determination 
became final under Section 6.13-4 if such person 
did not request a hearing thereon. (Added by 
Ord. 18-98, App. 1/16/98; amended by Ord. 94-99, 
File No. 990304, App. 4/30/99; Ord. 26-04, File 
No. 031990, App. 2/19/2004) 



SEC. 6.17-4. WAIVER OF PENALTIES. 

Any penalty or interest assessed under Sec- 
tions 6.17-1, 6.172 or 6.17-3 may be waived by 
the Tax Collector, in whole or in part, upon a 
finding of any of the following: 

(a) Failure to make timely payment or re- 
porting of tax liability or otherwise comply with 
the provisions of the Article was due to reason- 
able cause and not wilful neglect; 

(b) Failure to make timely payment or re- 
port of tax liability or otherwise comply with the 
provisions of the Business and Tax Regulations 
Code occurred notwithstanding the exercise of 
ordinary care by the taxpayer and in the absence 
of wilful neglect; 

(c) The taxpayer made an inadvertent error 
in the amount of payment made, provided any 
deficiency is cured by payment in full to the Tax 
Collector within 10 days after notice of the defi- 
ciency is mailed to the taxpayer by the Tax 
Collector; or 

(d) Waiver of the penalty or interest is or- 
dered by a court of competent jurisdiction. (Added 
by Ord. 18-98, App. 1/16/98; amended by Ord. 
26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.17-5. COSTS. 

In addition to the penalties imposed by Sec- 
tions 6.17-1, 6.17-2 and 6.17-3, the Tax Collector 
may recover the actual costs of collection in- 
curred by the City up to the time any amount 
owed is finally paid, including reasonable 
attorney's fees and costs. (Added by Ord. 18-98, 
App. 1/16/98; amended by Ord. 26-04, File No. 
031990, App. 2/19/2004) 

SEC. 6.18-1. SUMMARY JUDGMENT; 
NOTICE; CERTIFICATE. 

If any tax imposed pursuant to the Business 
and Tax Regulations Code is not paid by the last 
day of the month after the delinquency date, or 
after any jeopardy or deficiency determination of 
the Tax Collector becomes fimal pursuant to 
Sections 6.12-1 et seq. or 6.13-1 et seq., the Tax 
Collector may file, no sooner than 20 days after 



Sec. 6.18-1. 



San Francisco - Business and Tax Regulations Code 



158 



the mailing of the notice required in Subdivision 
(b), in the office of the Clerk of the Court, without 
fee, a certificate specifying as follows: 

(a) The fact that a notice of intent to file the 
certificate has been sent, by certified mail, to the 
operator, taxpayer or other person determined to 
be liable for the tax, as defined in Section 6.2-13 
of Article 6, at the person's last known address, 
not less than 20 days prior to the date of the 
certificate; 

(b) The fact that the notice required in 
Subdivision (a) set forth the following informa- 
tion: 

(1) The name of the operator, taxpayer or 
other person determined to be liable for the tax, 

(2) The description of the operator's, 
taxpayer's or other person's business against 
which the tax has been assessed, 

(3) The location and/or address of the busi- 
ness, 

(4) The fact that judgment will be sought in 
the amount of the tax, penalty and interest 
remaining unpaid at the time of the filing of the 
certificate, 

(5) The fact that, upon issuance and recor- 
dation of the judgment, additional interest will 
continue to accrue at the rate prescribed in this 
Article, and that any bond premium posted or 
other costs to enforce the judgment shall be an 
added charge, 

(6) The fact that a recording fee in the 
amount set forth in Section 27361.3 of the Cali- 
fornia Government Code will be required to be 
paid for the purpose of the recordation of any 
release of the judgment lien; 

(c) The name of the operator, taxpayer or 
other person determined to be liable for the tax; 

(d) The amount for which judgment is to be 
entered; 

(e) The fact that the City has complied with 
all provisions of the Business and Tax Regula- 
tions Code in the computation and the levy of the 
tax, penalty or interest; 



(f) The fact that a request is therein made 
for issuance and entry of judgment against the 
operator, taxpayer or other person determined to 
be hable for the tax. (Added by Ord. 18-98, App. 
1/16/98; amended by Ord. 177-01, File No. 010826, 
App. 8/17/2001; Ord. 26-04, File No. 031990, 
App. 2/19/2004) 

SEC. 6.18-2. SUMMARY JUDGMENT; 
FILING OF CERTIFICATE; ENTRY OF 
JUDGMENT. 

The County Clerk, immediately upon the 
filing of the certificate shall enter a judgment for 
the City and County against the operator, tax- 
payer or other person determined to be liable for 
the tax in the amount of the tax, penalty and 
interest set forth in the certificate. The County 
Clerk may file the judgment in a loose-leaf book 
entitled "City and County Summary Tax Judg- 
ments." (Added by Ord. 18-98, App. 1/16/98; 
amended by Ord. 177-01, File No. 010826, App. 
8/17/2001) 

SEC. 6.18-3. SUMMARY JUDGMENT; 
RECORDING OF JUDGMENT; LIEN. 

An abstract or copy of the judgment shall be 
recorded, without fee, in the office of the Assessor- 
Recorder, and may be recorded in any other office 
in which such filing is permitted by law. From 
the time of the recording, the amount of the tax, 
penalty and interest set forth constitutes a lien 
upon all property of the judgment debtor in the 
City, and upon all property of the judgment 
debtor in any other jurisdiction where such ab- 
stract or copy of the judgment is recorded, owned 
by the judgment debtor on the date of recording 
or acquired by the judgment debtor thereafter, 
and before the lien expires, acquired by the 
judgment debtor. The lien has the force, effect 
and priority of a judgment lien and continues for 
10 years from the date of the recording unless 
sooner released or otherwise discharged. (Added 
by Ord. 18-98, App. 1/16/98; amended by Ord. 
177-01, File No. 010826, App. 8/17/2001; Ord. 
26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.18-4. SUMMARY JUDGMENT; 
PENALTY IN LIEU OF JUDGMENT 
INTEREST. 

Notwithstanding any other provision of law 
relating to interest authorized or allowed as a 



159 



Common Administrative Provisions 



Sec. 6.19-3. 



result of any judgment duly entered, the addi- 
tional penalties and interest provided for in 
Sections 6.17-1 shall be imposed in lieu of any 
such judgment interest. (Added by Ord. 18-98, 
App. 1/16/98) 

SEC. 6.18-5. SUMMARY JUDGMENT; 
ADDITIONAL PENALTY. 

In addition to any penalty or fee imposed 
pursuant to the Business and Tax Regulations 
Code, a penalty equal to the costs incurred to 
enforce the judgment entered pursuant to Sec- 
tions 6.18-1 et seq., including reasonable attorney's 
fees and costs, shall be imposed. (Added by Ord. 
18-98, App. 1/16/98; amended by Ord. 26-04, File 
No. 031990, App. 2/19/2004) 

SEC. 6.18-6. SUMMARY JUDGMENT; 
EXTENSION OF LIEN. 

Within 10 years from the date of the record- 
ing or within 10 years from the date of the last 
extension of the lien in the manner provided for 
in this Section, the lien may be extended by 
recording in the office of the Assessor-Recorder 
an abstract or copy of the judgment. From the 
time of the recording the lien extends to the 
property for 10 years unless sooner released or 
otherwise discharged. (Added by Ord. 18-98, 
App. 1/16/98) 

SEC. 6.18-7. SUMMARY JUDGMENT; 
EXECUTION UPON THE JUDGMENT. 

Execution shall issue upon the judgment 
upon request of the Tax Collector in the same 
manner as execution may issue upon other judg- 
ments, and sales shall be held under such execu- 
tion as prescribed by law. (Added by Ord. 18-98, 
App. 1/16/98; amended by Ord. 26-04, File No. 
031990, App. 2/19/2004) 

SEC. 6.18-8. SUMMARY JUDGMENT; 
SATISFACTION OF JUDGMENT; 
REMOVAL OF LIEN. 

(a) The judgment is satisfied and the lien 
removed when, but not before, the certificate of 
release or discharge from the judgment lien is 
filed with the Clerk of Court and recorded in the 
office of the Assessor- Recorder. In addition to the 



judgment amount, and any additional penalty, 
interest, cost or other amount authorized by the 
Business and Tax Regulations Code, the Tax 
Collector shall collect the recording fee in the 
amount required by Section 27361.3 of the Cali- 
fornia Government Code and shall transmit the 
amount of the recording fee to the Assessor- 
Recorder together with the documents for re- 
lease or discharge. 

(b) The judgment is also satisfied and the 
lien removed when, but not before, the tax is 
legally canceled and a release or discharge from 
the judgment lien is recorded in the office of the 
Assessor-Recorder. A recording under this Sub- 
section (b) shall be made without fee. (Added by 
Ord. 18-98, App. 1/16/98; amended by Ord. 26-04, 
File No. 031990, App. 2/19/2004) 

SEC. 6.19-1. CIVIL ACTIONS. 

In addition to the actions provided for in 
Section 6.10-3, the attorney for the Tax Collector 
may bring a civil action to enjoin any violation of 
the Business and Tax Regulations Code. The 
City shall be entitled to its attorney's fees and 
costs in any action brought pursuant to this 
Section where the City is the prevailing party. 
(Formerly Sec. 6.19-4; added by Ord. 18-98, App. 
1/16/98; renumbered by Ord. 290-00, File No. 
001627, App. 12/22/2000; amended by Ord. 26- 
04, File No. 031990, App. 2/19/2004. Former Sec. 
6.19-1 was added by Ord. 18-98; repealed by Ord. 
290-00) 

SEC. 6.19-2. REMEDIES CUMULATIVE. 

The remedies, penalties and procedures pro- 
vided under this Article are cumulative and are 
not intended to be exclusive of any other avail- 
able remedies, penalties and procedures. (For- 
merly Sec. 6.19-5; added by Ord. 18-98, App. 
1/16/98; renumbered by Ord. 290-00, File No. 
001627, App. 12/22/2000. Former Sec. 6.19-2 was 
added by Ord. 18-98; repealed by Ord. 290-00) 

SEC. 6.19-3. ADMINISTRATIVE 
PENALTIES AND CITATIONS. 

(a) Administrative Penalties; Citations. 

An administrative penalty may be assessed for a 
violation of the provisions of this Code as speci- 



Sec. 6.19-3. 



San Francisco - Business and Tax Regulations Code 



160 



fied below. The penalty may be assessed by 
means of an administrative citation issued by 
any person designated as an "enforcement of- 
ficer" in subsection (c). 

(b) Penalty Amounts. In addition to all 
other civil penalties provided for by law, the 
following violations shall be subject to adminis- 
trative penalties in the amounts set forth below: 

PENALTY 
^/lOLATION AMOUNT 

• Failure to obtain or post a 
Certificate of Authority to 

Collect Third Party taxes $ 100.00 

• Failure to obtain or post an 
Annual Business Registra- 
tion Certificate 100.00 

• Failure to show proof of cur- 
rent Business License 100.00 

• Failure of an operator in the 
business of renting parking 
space in a parking station to 

post a bond 100.00 

• Failure to produce informa- 
tion requested by the Tax 
Collector within 30 days of 

mailing of such request 100.00 

• Failure to produce financial 
records requested by the Tax 

Collector 500.00 

• Failure to retain financial 

records 500.00 

• Failure to allow the Tax Col- 
lector to inspect financial 

records 500.00 

The penalty amounts shall be increased cu- 
mulatively by fifty percent (50%) for each subse- 
quent violation of the same provision by the 
same person within a three (3) year period. The 
maximum penalty amount that may be imposed 
by administrative citation in a calendar year for 
each type of violation listed above shall be $5,000. 
In addition to the penalty amounts listed above, 
the Tax Collector may assess enforcement costs 
to cover the reasonable costs incurred in enforc- 
ing the administrative penalty, including reason- 
able attorneys' fees. Enforcement costs shall not 
count toward the $5,000 annual maximum. 



(c) Persons Who May Issue Citations. 

The following classes of employees within the 
Treasurer/ Tax Collector's office are designated 
"enforcement officers" and are authorized to is- 
sue administrative citations pursuant to this 
Article: 



CLASSIFICATION 
NUMBER 

4334 
4335 
4337 
4340 



CLASS TITLE 

Investigator 
Senior Investigator 
Principal Investigator 
Assistant Director 



(Added by Ord. 177-01, File No. 010826, App. 
8/17/2001; amended by Ord. 26-04, File No. 
031990, App. 2/19/2004) (Former Sec. 6.19-3 [for- 
merly Sec. 6.19-6] added by Ord. 18-98, App. 
1/16/98; renumbered by Ord. 290-00, File No. 
001627, App. 12/22/2000; repealed by Ord. 177- 
01. A prior Sec. 6.19-3 was added by Ord. 18-98; 
repealed by Ord. 290-00) 

SEC. 6.19-4. VIOLATIONS. 

(a) Separate and Continuing Violations; 
Penalties Paid Do Not Cure Violations. Each 
and every day that a violation exists constitutes 
a separate and distinct offense. Each section 
violated constitutes a separate violation for any 
day at issue. If the person or persons responsible 
for a violation fail to correct the violation, sub- 
sequent administrative citations may be issued 
for the same violation(s). The enforcement officer 
may issue such subsequent administrative cita- 
tions for uncorrected violations(s) pursuant to 
this Section without issuing a new notice as 
otherwise required by Section 6.19-5. Pajnnent of 
the penalty shall not excuse the failure to correct 
the violation nor shall it bar any further enforce- 
ment action by the City. If penalties and costs are 
the subject of administrative appeal or judicial 
review, then the accrual of such penalties and 
costs shall be stayed until the determination of 
such appeal or review is final. 

(b) Payments to City; Due Date; Late 
Payment Penalty. All penalties assessed shall 
be payable to the City and County. Administra- 
tive penalties and costs assessed by means of an 



161 



Common Administrative Provisions 



Sec. 6.19-6. 



administrative citation shall be due within thirty 
(30) days from the date of the citation. The 
failure of any person to pay an administrative 
penalty and costs within that time shall result in 
the assessment of an additional late fee. The 
amount of the late fee shall be ten (10) percent of 
the total amount of the administrative penalty 
assessed for each month the penalty and any 
already accrued late payment penalty remains 
unpaid. 

(c) Collection of Penalties; Special As- 
sessments. The failure of any person to pay a 
penalty assessed by administrative citation within 
the time specified on the citation constitutes a 
debt to the City. The City may file a civil action, 
create and impose liens as set forth below, or 
pursue any other legal remedy to collect such 
money. 

(d) Liens. The City may create and impose 
liens against any property owned or operated by 
a person who fails to pay a penalty assessed by 
administrative citation. The procedures pro- 
vided for in Article XX of Chapter 10 of the San 
Francisco Administrative Code shall govern the 
imposition and collection of such liens. (Added by 
Ord. 177-01, File No. 010826, App. 8/17/2001; 
amended by Ord. 26-04, File No. 031990, App. 
2/19/2004) (Former Sec. 6.19-4 renumbered Sec. 
6.19-1 by Ord. 290-00, File No. 001627, App. 
12/22/2000) 

SEC. 6.19-5. ADMINISTRATIVE 
CITATION; NOTICE OF VIOLATION. 

(a) Notice and Opportunity to Cure. The 

enforcement officer shall notify any person in 
violation of the Code provisions identified in 
Section 6.19-3(b) of such violation prior to the 
issuance of an administrative citation. The en- 
forcement officer may post the notice of violation 
by affixing the notice to a surface in a conspicu- 
ous place on the property regardless of the man- 
ner of service of the notice under Section 6.19-6. 
The notice of violation shall specify the action 
required to correct or otherwise remedy the 
violation(s). The person or persons responsible 
for the violation shall be allowed not less than 
ten (10) days from the date of the notice of 
violation to correct or otherwise remedy the 



violation; provided, however, that the enforce- 
ment officer may, in his or her discretion, assign 
a longer period, not to exceed twenty-one (21) 
days, within which to correct or otherwise rem- 
edy each violation. The enforcement officer may 
consider the cost of correction and the time 
needed to obtain information, documents, data 
and records for correction in assigning a specific 
period of time within which to correct or other- 
wise remedy each violation. 

(b) Issuance of Citation. If the person or 
persons responsible for the violation fail to com- 
ply with any portion of a notice of violation 
within the time provided, the enforcement officer 
may issue an administrative citation to the vio- 
lator. The administrative citation shall be issued 
on a form prescribed by the Tax Collector. (Added 
by Ord. 177-01, File No. 010826, App. 8/17/2001; 
amended by Ord. 26-04, File No. 031990, App. 
2/19/2004) (Former Sec. 6.19-5 renumbered Sec. 
6.19-2 by Ord. 290-00, File No. 001627, App. 
12/22/2000) 

SEC. 6.19-6. ADMINISTRATIVE 
CITATION AND NOTICE OF VIOLATION; 
SERVICE. 

Service of a notice of violation and an admin- 
istrative citation may be accomplished as fol- 
lows: 

(a) The enforcement officer may obtain the 
signature of the person responsible for the viola- 
tion to establish personal service of the citation; 
or 

(b) (1) The enforcement officer shall post 
the citation by affixing the citation to a surface in 
a conspicuous place on the property. Conspicuous 
posting of the citation is not required when 
personal service is accomplished or when con- 
spicuous posting poses a hardship or is exces- 
sively expensive; and 

(2) The enforcement officer shall serve the 
citation by first class mail as follows: 

(i) The administrative citation shall be mailed 
to the person responsible for the violation by first 
class mail, postage prepaid, with a declaration of 
service under penalty of perjury; and 



Sec. 6.19-6. 



San Francisco - Business and Tax Regulations Code 



162 



(ii) A declaration of service shall be made by 
the person mailing the administrative citation 
showing the date and manner of service by mail 
and reciting the name and address of the citation 
addressee; and 

(iii) Service of the administrative citation 
by mail in the manner described above shall be 
effective on the date of mailing. (Added by Ord. 
177-01, File No. 010826, App. 8/17/2001; amended 
by Ord. 26-04, File No. 031990, App. 2/19/2004) 
(Former Sec. 6.19-6 renumbered Sec. 6.19-3 by 
Ord. 290-00, File No. 001627, App. 12/22/2000; 
repealed by Ord. 177-01) 

SEC. 6.19-7. ADMINISTRATIVE 
CITATION; CONTENTS. 

The administrative citation shall include all 
the following: 

(1) A description of the violation; 

(2) The date and location of the violation(s) 
and the approximate time the violation(s) was 
observed; 

(3) A citation to the provisions of law vio- 
lated; 

(4) A description of corrective action re- 
quired; 

(5) A statement explaining that each day of 
a continuing violation may constitute a new and 
separate violation; 

(6) The amount of administrative penalty 
imposed for the violation(s); 

(7) A statement informing the violator that 
the fine shall be paid to the City and County of 
San Francisco within thirty (30) days from the 
date on the administrative citation, the proce- 
dure for pa5anent, and the consequences of fail- 
ure to pay; 

(8) A description of the process for appeal- 
ing the citation, including the deadline for filing 
such an appeal; and 

(9) The name and signature of the enforce- 
ment officer. (Added by Ord. 177-01, File No. 
010826, App. 8/17/2001) 



SEC. 6.19-8. ADMINISTRATIVE APPEAL. 

(a) Period of Limitation for Appeal. Per- 
sons receiving an administrative citation may 
appeal it within fifteen (15) days from the date 
the citation is served. The appeal must be in 
writing and must indicate a return address. It 
must be accompanied by the penalty amount, 
specifying the basis for the appeal in detail, and 
must be filed with the Tax Collector as indicated 
in the administrative citation. 

(b) Hearing Date. As soon as practicable 
after receiving the written notice of appeal and 
the penalty amount, the Tax Collector or his or 
her representative shall fix a date, time and 
place for hearing before a hearing officer. Writ- 
ten notice of the time and place for the hearing 
may be served by first class mail, at the return 
address indicated on the written appeal. Service 
of the notice must be made at least ten (10) days 
prior to the date of the hearing to the person 
appealing the citation. The hearing shall be held 
no later than thirty (30) days after service of the 
notice of hearing, unless that time is extended by 
mutual agreement of the parties. 

(c) Notice. Except as otherwise provided by 
law, the failure of any person with an interest in 
property affected by the administrative citation, 
or other person responsible for a violation, to 
receive a properly addressed notice of the hear- 
ing shall not affect the validity of any proceed- 
ings under this ordinance. Service by first class 
mail, postage prepaid, shall be effective on the 
date of mailing. 

(d) Failure to Appeal. Failure of any per- 
son to file an appeal in accordance with the 
provisions of this Section or to appear at the 
hearing shall constitute a failure to exhaust 
administrative remedies and a forfeiture of the 
penalty amount previously remitted. 

(e) Submittals for the Hearing. No later 
than five (5) days prior to the hearing, the 
taxpayer and the Tax Collector shall submit to 
the hearing officer, with simultaneous service on 
the opposing party, written information includ- 
ing, but not limited to, the following: the state- 
ment of issues to be determined by the hearing 



163 



Common Administrative Provisions 



Sec. 6.19-10. 



officer and a statement of the evidence to be 
offered and the witnesses to be presented at the 
hearing. 

(f) Conduct of Hearing. A hearing officer 
appointed by the Tax Collector shall conduct all 
appeal hearings under this ordinance. The Tax 
Collector shall have the burden of proof in such 
hearings. The hearing officer may accept evi- 
dence on which persons would commonly rely in 
the conduct of their serious business affairs, 
including but not limited to the following: 

(1) A valid citation shall be prima facie 
evidence of the violation; 

(2) The hearing officer may accept testi- 
mony by declaration under penalty of perjury 
relating to the violation and the appropriate 
means of correcting the violation; 

(3) The person responsible for the violation, 
or any other interested person, may present 
testimony or evidence concerning the violation 
and the means and time frame for correction. 

The hearing shall be open to the public and 
shall be tape-recorded. Any party to the hearing 
may, at his or her own expense, cause the hear- 
ing to be recorded and transcribed by a certified 
court reporter. The hearing officer may continue 
the hearing and request additional information 
from the enforcement officer or the appellant 
prior to issuing a written decision. 

(g) Hearing Officer's Decision; Find- 
ings. The hearing officer shall make findings 
based an the record of the hearing arid issue a 
proposed decision based on such findings within 
ten (10) days of the hearing. The hearing officer 
may also recommend that the Tax Collector 
reduce, waive or conditionally reduce the penal- 
ties stated in a citation or any late fees assessed 
if mitigating circumstances are shown and the 
hearing of officer finds specific grounds for re- 
duction or waiver in the evidence presented at 
the hearing. The hearing officer may recommend 
conditions and deadlines for the correction of 
violations or the payment of outstanding civil 
penalties. Copies of the findings and decision 
shall be served upon the taxpayer and the Tax 
Collector by certified mail. 



(h) Tax Collector's Decision. The deci- 
sion of the hearing officer shall be a recommen- 
dation to the Tax Collector, and the Tax Collec- 
tor, within five (5) days of receipt of such 
recommendation, shall adopt, modify, or deny 
such recommendation. If the Tax Collector con- 
cludes that the violation charged in the citation 
did not occur or that the person charged in the 
citation was not the responsible party, the Tax 
Collector shall refund the penalty amount on 
deposit. The Tax Collector's decision on the hear- 
ing officer's recommendation is final. Such deci- 
sion shall be served on the taxpayer by certified 
mail. (Added by Ord. 177-01, File No. 010826, 
App. 8/17/2001) 

SEC. 6.19-9. REGULATIONS. 

The Tax Collector may promulgate and en- 
force rules and regulations, and issue determi- 
nations and interpretations relating to the ad- 
ministrative penalty and citation system, and 
the conducting of administrative hearings and 
rendering of decisions, pursuant to Sections 6.19-3 
through 6.19-11, inclusive. Any rules and regu- 
lations promulgated by the Tax Collector shall be 
approved as to legal form by the City Attorney. 
The rules and regulations shall become effective 
30 days after recent by the Clerk of the Board of 
Supervisors and the Clerk of the Finance Com- 
mittee, unless the Board of Supervisors by reso- 
lution disapproves or modifies the regulations. 
The Board of Supervisors' determination to modify 
or disapprove a rule or regulation submitted by 
the Tax Collector shall not impair the ability of 
the Tax Collector to resubmit the same or similar 
rule or regulation directly to the Board of Super- 
visors if the Tax Collector determines it is nec- 
essary to effectuate the purposes of the admin- 
istrative penalty and citation system. (Added by 
Ord. 177-01, File No. 010826, App. 8/17/2001; 
amended by Ord. 26-04, File No. 031990, App. 
2/19/2004) 

SEC. 6.19-10. JUDICIAL REVIEW. 

(a) Procedures. After receipt of the Tax 
Collector's decision, the appellant may file an 
appeal with the Superior Court pursuant to 
California Government Code Section 53069.4. 



Sec. 6.19-10. 



San Francisco - Business and Tax Regulations Code 



164 



The appeal shall be submitted within twenty 
(20) days of the date of mailing of the Tax 
Collector's decision, with the applicable filing 
fee. The appeal shall state the reasons the ap- 
pellant objects to the Tax Collector's findings or 
decision. 

(b) Review. The Superior Court shall con- 
duct a de novo hearing, except that the contents 
of the Tax Collector's file shall be received into 
evidence. A copy of the notice of violation and 
imposition of penalty shall be entered as prima 
facie evidence of the facts stated therein. 

(c) Filing Fee. The Superior Court filing 
fee shall be twenty-five ($25.00). If the court 
finds in favor of the appellant, the amount of the 
fee shall be reimbursed to the appellant by the 
City and County of San Francisco. Any deposit of 
penalty shall be refunded by the City and County 
of San Francisco in accordance with the judg- 
ment of the court. (Added by Ord. 177-01, File 
No. 010826, App. 8/17/2001) 

SEC. 6.19-11. OTHER REMEDIES NOT 
AFFECTED. 

The administrative citation procedures estab- 
lished in this Article shall be in addition to any 
other criminal, civil, or other remedy established 
by law which may be pursued to address viola- 
tions of the Business and Tax Regulations Code. 
An administrative citation issued pursuant to 
this Article shall not prejudice or adversely affect 
any other action, civil or criminal, that may be 
brought to abate a violation or to seek compen- 
sation for damages suffered. (Added by Ord. 
177-01, File No. 010826, App. 8/17/2001; amended 
by Ord. 26-04, File No. 031990, App. 2/19/2004) 

SEC. 6.20-1. RELATION TO OTHER 
LICENSE ORDINANCES. 

Persons required to pay a tax, fee or charge 
on any activity under the Business and Tax 
Regulations Code shall not be relieved from the 
payment of any amount owed for the privilege of 
conducting such activity required under any other 
ordinance of the City, and shall remain subject to 
the regulatory provisions of other ordinances. 



Upon providing written notice of nonpay- 
ment or noncompliance with any provision of the 
Business and Tax Regulations Code to any lic- 
ensee, and continued nonpayment or noncompli- 
ance by the licensee, the Tax Collector may 
suspend or revoke any license or privilege for 
conducting business under any ordinance of the 
City. Such notice of suspension or revocation 
shall be issued in the same manner as a deter- 
mination under Section 6.11-1 et seq., and the 
person issued said notice shall have the appeal 
rights applicable to determinations made pursu- 
ant to Sections 6.11-1 et seq. and 6.13-1 et seq., 
and shall become final as provided in those 
Sections. (Added by Ord. 18-98, App. 1/16/98; 
amended by Ord. 26-04, File No. 031990, App. 
2/19/2004) 

SEC. 6.21-1. TRANSFEREE AND 
SUCCESSOR LIABILITY. 

(a) The liability at law or in equity of a 
successor, transferee or alter ego of any taxpayer 
or other person determined to be liable for any 
tax, interest, cost or penalty subject to this 
Article, imposed upon a taxpayer shall be deter- 
mined, collected and paid in the same manner 
and subject to the same provisions and limita- 
tions as in the case of a deficiency determination 
pursuant to Sections 6.12-1 et seq. and 6.13-1 et 
seq. Nothing in this subsection shall be con- 
strued to limit the rights or procedures available 
to the Tax Collector to collect from any successor, 
transferee or alter ego, at law or in equity, as 
may be provided by statutory or decisional law. 

(b) No person shall purchase or acquire an 
interest in a business subject to any tax imposed 
under Articles 7, 9 or 12-A without first obtain- 
ing either a receipt from the Tax Collector show- 
ing that all of the seller's taxes on the business 
have been paid, or a certificate stating that no 
amount is due. For purposes of this Section, 
"purchase" shall include any other voluntary 
transfer for consideration of a business, except 
for purchase of stock of a publicly-traded com- 
pany 

(c) The Tax Collector shall issue such a 
receipt or certificate, or a notice of the amount 
that must be paid as a condition of issuing the 



165 



Common Administrative Provisions 



Sec. 6.22-1. 



certificate, to the buyer within 30 days after 
receiving a written request. However, failure of 
the Tax Collector to timely mail the notice will 
not release the buyer from his or her obligations 
under this Section, except to the extent of pen- 
alties and interest in the event that the Tax 
Collector enforces the buyer's obligation in a civil 
action authorized pursuant to the Business and 
Tax Regulations Code. 

(d) If the buyer purchases or acquires an 
interest in a business owing any taxes, interest 
or penalties imposed under Articles 7, 9 or 12-A, 
the buyer shall withhold from the purchase price 
and pay to the Tax Collector a sufficient amount 
to satisfy said taxes, interest and penalties. 

(e) If the buyer purchases or acquires an 
interest in a business in violation of this Section, 
the buyer shall become personally liable for the 
amount of taxes, interest and penalties owed on 
the business. 

(f) The buyer's obligations shall accrue at 
the time the business is purchased or the inter- 
est acquired, or at the time the Tax Collector 
determines the seller's final liability, whichever 
is later. (Added by Ord. 18-98, App. 1/16/98; 
amended by Ord. 26-04, File No. 031990, App. 
2/19/2004) 

SEC. 6.22 1. CONFIDENTIALITY. 

(a) Except where disclosure is otherwise 
required by law, it is a violation of this section for 
the Tax Collector or any officer, employee or 
agent of the City to make known in any manner 
whatever the business affairs, operations or in- 
formation obtained by an investigation of records 
or any person visited or examined in the dis- 
charge of official duty, or the amount or source of 
income, profits, losses, expenditures, or any par- 
ticular thereof, set forth or disclosed in any 
return, or to permit any return or copy thereof or 
any book containing any abstract or particulars 
thereof to be seen or examined by any per-son, 
except as set forth below. These confidentiality 
provisions also apply to former Tax Collectors 
and employees and agents thereof. 



(b) Otherwise confidential information may 
be disclosed in any federal, state, city or county 
judicial administrative proceeding pertaining to 
tax administration, determination, assessment, 
collection, or enforcement, of ciny civil or crimi- 
nal liability arising under the Business and Tax 
Regulations Code if the information concerns a 
person who is a party to the proceeding, or the 
proceeding arose out of, or in connection with 
determining that person's civil or criminal liabil- 
ity, or the collection of that person's liability with 
respect to any tax imposed thereunder. 

(c) Disclosure of otherwise confidential in- 
formation may be made to the extent such dis- 
closures are reasonably necessary to obtaining 
information bearing a direct transactional rela- 
tionship to the determination, assessment, col- 
lection, or enforcement, of anj^ civil or criminal 
liability arising under the Business and Tax 
Regulations Code. 

(d) Disclosure of otherwise confidential in- 
formation may be to other employees or agents of 
the Tax Collector or employee of the City in 
matters preparatory to any judicial or adminis- 
trative proceeding pertaining to the administra- 
tion or enforcement of any civil or criminal 
liability arising out of the Business and Tax 
Regulations Code. 

(e) If the Tax Collector determines that a 
liability owing from a taxpayer may be collected 
from another person, the Tax Collector may 
disclose to such other person information rel- 
evant to the determination of tax due or owing 
from the taxpayer. 

(f) The taxpayer, his successors, receivers, 
trustees, executors, administrators, assignees and 
guarantors, and their duly authorized legal rep- 
resentatives if directly interested, may be given 
information as to the items included in the 
measure and amount of any unpaid tax or amounts 
of tax required to be collected, interest and 
penalties. 

(g) Notwithstanding any other provision of 
the Business and Tax Regulations Code or of any 
City ordinance, the Tax Collector is authorized to 
enter into agreements with the California Fran- 
chise Tax Board, the State Board of Equaliza- 



Sec. 6.22-1. San Francisco - Business and Tax Regulations Code 166 



tion, and/or the Internal Revenue Service provid- 
ing for the exchange of information for official 
purposes of said agencies, and to implement any 
such agreement through the exchange of infor- 
mation. 

(h) Notwithstanding any other provision of 
the Business and Tax Regulations Code or of any 
City ordinance, the Tax Collector shall provide 
any and all information to the Controller that is 
needed to fulfill the Controller's responsibilities 
under Section 3.105 of the Charter. With regard 
to all such information provided by the Tax 
Collector, the Controller shall be subject to the 
confidentiality provisions of Subsection (a) of 
this Section. 

(i) The Tax Collector may disclose to any 
City employee or agent for official purposes any 
information described in Subsection (a) in aggre- 
gate or other form that does not disclose the 
identity of particular taxpayers. 

(j) Nothing in this Section shall impose any 
liability upon the Tax Collector or any employee 
or agent thereof for any disclosures of confiden- 
tial information made in good faith in the per- 
formance of his or her duties. (Added by Ord. 
18-98, App. 1/16/98; amended by Ord. 26-04, File 
No. 031990, App. 2/19/2004) 

SEC. 6.23-1. SEVERABILITY. 

If any sentence, clause or section or any part 
of the Business and Tax Regulations Code is for 
any reason held to be unconstitutional, illegal or 
invalid, such unconstitutionality, illegality or 
invalidity shall not affect or impair any of the 
remaining provisions, sentences, clauses, sec- 
tions or parts of the Business and Tax Regula- 
tions Code. It is hereby declared to be the intent 
of the enacting body that the Business and Tax 
Regulations Code would have been adopted had 
such unconstitutional, illegal or invalid sen- 
tence, clause, section or part thereof not been 
included therein. (Added by Ord. 18-98, App. 
1/16/98; amended by Ord. 26-04, File No. 031990, 
App. 2/19/2004) 



[The next page is 209] 



ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS 



Sec. 501. Additional Definitions. 

Sec. 502. Imposition and Rate of Tax. 

Sec. 502.5. Imposition of Surcharge. 
Sec. 502.6. Imposition of a 1.25 Percent 

Surcharge. 
Sec. 502.6-1. Imposition of a Cumulative 

Surcharge. 
Sec. 502.6-2. Continuation of Two Percent 

Hotel Tax Surcharge. 
Sec. 502.7. Temporary Suspension of Tax 

and Surcharges for Occupancies 

in Hotels in Certain 

Redevelopment Project Areas. 
Sec. 502.8. Imposition and Rate of Tax in 

Certain Redevelopment Project 

Areas — Transient Occupancy 

Tax — San Francisco 

Redevelopment Agency. 
Sec. 502.8-1. Imposition of Additional 

Surcharge in Certain 

Redevelopment Project Areas. 
Sec. 503. Occupant to Pay Tax to 

Operator. 
Sec. 504. Collection of Tax by Operator; 

Receipt to Occupant; Rules for 

Collection Schedules. 
Sec. 505. Unlawful Advertising Regarding 

Tax. 
Sec. 506. Additional Exemptions. 

Sec. 515.01. Hotel Tax Allocations. 
Sec. 515.2. Calculation of Percentage 

Allocations under Section 515. 

SEC. 501. ADDITIONAL DEFINITIONS. 

When used in this Article the following terms 
shall mean or include: 

(a) "Operator." Any person operating a hotel 
in the City and County of San Francisco, includ- 
ing, but not limited to, the owner or proprietor of 
such premises, lessee, sublessee, mortgagee in 
possession, licensee or any other person other- 
wise operating such hotel. 



(b) "Occupant." A person who, for a consid- 
eration, uses, possesses, or has the right to use or 
possess any room in a hotel under any lease, 
concession, permit, right of access, license to use 
or other agreement, or otherwise. 

(c) "Occupancy." The use or possession, or 
the right to the use or possession of any room or 
apartment in a hotel or the right to the use or 
possession of the furnishings or to the services 
and accommodations accompanying the use and 
possession of the room. 

(d) "Hotel." Any structure, or any portion of 
a structure, including any lodginghouse, room- 
inghouse, dormitory, Turkish bath, bachelor ho- 
tel, studio hotel, motel, auto court, inn, public 
club, or private club, containing guest rooms and 
which is occupied, or is intended or designated 
for occupation, by guests, whether rent is paid in 
money, goods, labor, or otherA^ise. It does not 
include any jail, hospital, asylum, sanitarium, 
orphanage, prison, detention, or other building 
in which human beings are housed and detained 
under legal restraint. 

(e) "Guest Room." A room occupied, or in- 



tended, arranged, or designed 
one or more occupants. Every 
superficial floor area in a dor 
room. 



for occupation, by 
100 square feet of 
mitory is a guest 



(f) "Rent." The consideration received for 
occupancy valued in money, whether received in 
money or otherwise, including all receipts, cash, 
credits, and property or services of any kind or 
nature, and also the amount for which credit is 
allowed by the operator to the occupant, without 
any deduction therefrom whatsoever. 

(g) "Permanent Resident." Any occupant as 
of a given date who has or shall have occupied, or 
has or shall have the right of occupancy, of any 
guest room in a hotel for at least 30 consecutive 
days next preceding such date. (Added by Ord. 
87-61, App. 4/26/61; amended by Ord. 231-91, 
App. 6/12/91; Ord. 19-98, App. 1/16/98) 



209 



Sec. 502. 



San Francisco - Business and Tax Regulations Code 



210 



SEC. 502. IMPOSITION AND RATE OF 
TAX. 

There shall be paid a tax of eight percentum 
on the rent for every occupancy of a guest room 
in a hotel in the City and County. (Amended by 
Ord. 251-78, App. 6/1/78; Ord. 19-98, App. 1/16/ 

98) 

SEC. 502.5. IMPOSITION OF 
SURCHARGE. 

There shall be an additional tax of 1.75 
percent on the rent for every occupancy of the 
guest rooms in a hotel in the City and County of 
San Francisco between July 1, 1980 and August 

14, 1993 and an additional tax of 2.75 percent on 
the rent for every occupancy on and after August 

15, 1993. 

When rent is paid, charged, billed or falls due 
on either a weekly, monthly or other term basis, 
the rent so paid, charged, billed or falling due 
shall be subject to the tax of eight percent herein 
imposed to the extent that it covers any portion 
of the period prior to July 1, 1980, and to the tax 
of eight percent herein plus the 1.75 percent 
surcharge imposed to the extent that it covers 
any portion of the period between July 1, 1980 
and August 14, 1993, and the 2.75 percent sur- 
charge imposed to the extent that it covers any 
portion of the period on and after August 15, 
1993, and such payment, charge, bill or rent due 
shall be apportioned on the basis of the ratio of 
the number of days falling within the periods 
prior to July 1, 1980, between July 1, 1980 and 
August 14, 1993, and on and after August 15, 
1993 to the total number of days covered thereby. 
WTiere any tax has been paid hereunder upon 
any rent without any right of occupancy therefor, 
the Tax Collector may by regulation provide for 
credit or refund of the amount of such tax upon 
application therefor as provided in this Code. 

The surcharge tax so collected shall be depos- 
ited in the General Fund subject to appropria- 
tion pursuant to the budget and fiscal provisions 
of the Charter. 

By adopting this ordinance the People of the 
City and County of San Francisco do not intend 
to limit or in anyway curtail any powers the 



Board of Supervisors may exercise as to the 
subject matter of this ordinance, including, but 
not limited to, raising the rate of taxation or 
surcharge, lowering the rate of taxation or sur- 
charge, eliminating the tax or surcharge, or 
creating or defining new categories of taxpayers 
under this ordinance. (Added by 6/3/80; portions 
of this Section require ballot measure to amend; 
amended by Ord. 244-93, App. 8/10/93; Ord. 
19-98, App. 1/16/98) 

SEC. 502.6. IMPOSITION OF A 1.25 
PERCENT SURCHARGE. 

(a) There shall be an additional tax of 1.25 
percent on the rent for every occupancy of the 
guest rooms in the hotel in the City and County 
of San Francisco on and after January 1, 1987. 

(b) When rent is paid, charged, billed or 
falls due on either weekly, monthly or other term 
basis, the rent so paid, charged, billed or falling 
due shall be subject to the tax of 9.75 percentum 
herein imposed to the extent that it covers any 
portion of the period prior to January 1, 1987, 
and to the tax of 9.75 percent herein plus the 
amount of surcharge imposed to the extent that 
it covers any portion of the period on and after 
January 1, 1987 and such payment, charge, bill 
or rent due shall be apportioned on the basis of 
the ratio of the number of days falling within 
said periods to the total number of days covered 
thereby. Where any tax has been paid hereunder 
upon any rent without any right of occupancy 
therefor the Tax Collector may by regulation 
provide for credit or refund of the amount of such 
tax upon application therefor as provided in this 
Code. 

(c) The surcharge tax so collected shall be 
deposited in the General Fund subject to appro- 
priation pursuant to the budget and fiscal provi- 
sions of the Charter. (Added by Ord. 468-86, App. 
12/5/86; amended by Ord. 19-98, App. 1/16/98) 

SEC. 502.6-1. IMPOSITION OF A 
CUMULATIVE SURCHARGE. 

(a) Replacement of Section 502.5 and 
Section 502.6. Commencing on August 1, 1996, 
Section 502.5 and Section 502.6 are hereby sus- 
pended and replaced in their entirety by this new 



211 



Tax on Transient Occupancy of Hotel Rooms 



Sec. 502.7. 



Section 502.6-1. The purpose of this new Section 
is to combine the surcharges levied by Sections 
502.5 and 502.6 and to increase the total sur- 
charge levied by the City and County by two 
percent. In the event any portion of the transient 
occupancy tax levied by the City pursuant to 
Section 502.6-1 hereof is found to be invalid, 
illegal or unconstitutional, the suspension of 
Sections 502.5 and 502.6 shall be rescinded by 
operation of law and the taxes and surcharges 
levied under such Sections shall be deemed to 
have been in full force and effect during the 
period the City collected the taxes under the 
authority of this Section. 

(b) Imposition of Surcharge. Effective Au- 
gust 1, 1996, there shall be a surcharge of six 
percent, in addition to the eight percent tax 
specified in Section 502, on the rent for every 
occupancy of the guest room in a hotel in the City 
and County of San Francisco. The surcharge so 
collected shall be deposited in the General Fund 
subject to appropriation pursuant to the budget 
and fiscal provisions of the Charter. 

(c) Prorata Allocation of Surcharge. 

When rent is paid, charged, billed or falls due on 
either a weekly, monthly or other term basis, the 
rent so paid, charged, billed or falling due shall 
be subject to a surcharge of four percent to the 
extent that it covers any portion of the period 
prior to August 1, 1996, and a six percent sur- 
charge to the extent that it covers any portion of 
the period on or after August 1, 1996, and such 
payment, charge, bill or rent due shall be appor- 
tioned on the basis of the ratio of the number of 
days falling within said periods to the total 
number of days covered by such payment. Where 
any surcharge has been paid hereunder upon 
any rent without any right of occupancy therefor, 
the Tax Collector may by regulation provide for 
credit or refund of the amount of such tax upon 
application therefor as provided in this Code. 

(d) Suspension of Surcharge Pursuant 

to Section 502.7. The provisions of this Section 
502.6-1 shall be subject to Section 502.7, includ- 
ing the temporary suspension provided therein. 
(Added by Ord. 290-96, App. 7/12/96; amended 
by Ord. 19-98, App. 1/16/98) 



SEC. 502.6-2. CONTINUATION OF TWO 
PERCENT HOTEL TAX SURCHARGE. 

The City and County of San Francisco is 
hereby authorized to continue to levy and collect 
a two percent hotel tax surcharge imposed by 
Section 502.6-1. All monies derived from the 
collection of such two percent hotel tax sur- 
charge shall be deposited in the General Fund of 
the City and County of San Francisco and, sub- 
ject to the budgetary and fiscal provisions of the 
Charter, may be expended for any lawful City 
and County of San Francisco purposes. (Added 
by Proposition H, 11/3/98) 

SEC. 502.7. TEMPORARY SUSPENSION 
OF TAX AND SURCHARGES FOR 
OCCUPANCIES IN HOTELS IN CERTAIN 
REDEVELOPMENT PROJECT AREAS. 

(a) Suspension. Commencing on October 
1, 1994, the provisions of Sections 502, 502.5 and 
502.6 hereof shall be temporarily suspended and 
inapplicable to the occupancy of any guest room 
in any hotel located within the boundaries of the 
following San Francisco Redevelopment Agency 
Project Areas: 

(1) Yerba Buena Center Project Area, as 
described in the Redevelopment Plan adopted by 
the Board of Supervisors on April 25, 1966, as 
amended on July 26, 1971, October 9, 1973, 
September 13, 1976, August 8, 1977, August 13, 
1979, November 2, 1981 and December 1, 1986; 

(2) Embarcadero-Lower Market (Golden 
Gateway) Project Area, as described in the Rede- 
velopment Plan adopted by the Board of Super- 
visors on May 25, 1959, as amended on July 31, 
1961, July 13, 1964, November 23, 1964, May 15, 
1967, July 22, 1968, November 29, 1976 and 
December 1, 1986; 

(3) Western Addition Project Area A-1, as 
described in the Redevelopment Plan adopted by 
the Board of Supervisors on May 28, 1956, as 
amended on January 30, 1961, July 31, 1961, 
January 14, 1963, February 25, 1963, July 3, 
1964, October 26, 1981 and May 3, 1985; 

(4) Western Addition Project Area A-2, as 
described in the Redevelopment Plan adopted by 
the Board of Supervisors on October 13, 1964, as 



Sec. 502.7. 



San Francisco - Business and Tax Regulations Code 



212 



amended on August 3, 1970, June 6, 1976, De- 
cember 15, 1986, November 9, 1987 and August 
10, 1992; 

(5) South of Market Earthquake Recovery 
Redevelopment Plan (South of Market Project 
Area), as described in the Redevelopment Plan 
adopted by the Board of Supervisors on June 11, 
1990; and 

(6) Chinese Cultural and Trade Center Re- 
development Project Area, as described in the 
Redevelopment Plan adopted by the Board of 
Supervisors on November 8, 1965. 

Each of the foregoing project areas shall 
hereinafter be individually referred to as a "SFRA 
Project Area." 

(b) Duration. The foregoing suspension of 
Sections 502, 502.5 and 502.6 shall continue and 
remain in effect so long as Section 502.8 remains 
in effect. Immediately upon Section 502.8 no 
longer being effective, Sections 502, 502.5 and 
502.6 shall again apply to all the SFRA Project 
Areas. In the event any portion of the transient 
occupancy tax levied by the City pursuant to 
Section 502.8 hereof is found to be invalid, illegal 
or unconstitutional, the suspension of Sections 
502, 502.5 and 502.6 shall be rescinded by opera- 
tion of law and the taxes and surcharges levied 
under such Sections shall be deemed to have 
been in full force and effect during the period the 
City collected the transient occupancy tax found 
to be invalid, illegal or unconstitutional. (Added 
by Ord. 246-94, App. 6/30/94) 

SEC. 502.8. IMPOSITION AND RATE OF 
TAX IN CERTAIN REDEVELOPMENT 
PROJECT AREAS— TRANSIENT 
OCCUPANCY TAX— SAN FRANCISCO 
REDEVELOPMENT AGENCY. 

(a) Imposition and Rate of Tax. Pursu- 
ant to Section 7280 of the California Revenue 
and Taxation Code, the City hereby imposes a 
tax of 12 percent on the rent for every occupancy 
of a guest room in any hotel located within the 
boundaries of a SFRA Project Area. The forego- 
ing tax shall be effective on October 1, 1994. The 
tax so collected shall be deposited in the General 
Fund subject to appropriation pursuant to the 



budget and fiscal provisions of the Charter. The 
tax shall be subject to all the provisions of this 
Article and shall be administered accordingly by 
the Tax Collector. 

(b) Apportionment of Tax. Wlien rent is 
paid, charged, billed or falls due on either a 
weekly, monthly or other term basis, the rent so 
paid, charged, billed or falling due shall be 
subject to the tax of 12 percent herein imposed to 
the extent that it covers any portion of the period 
after October 1, 1994, and such payment, charge, 
bill or amount due shall be apportioned on the 
basis of the ratio of the number of days falling 
after October 1, 1994, to the total number of days 
covered thereby. Where any tax has been paid 
hereunder upon any rent without any right of 
occupancy therefor the Tax Collector may by 
regulation provide for credit or refund of the 
amount of such tax upon application therefor as 
provided in this Code. 

(c) Credit for Taxes Paid to San Fran- 
cisco Redevelopment Agency. In the event a 
transient occupancy tax is levied by the San 
Francisco Redevelopment Agency on the rent for 
the occupancy of a guest room in a hotel located 
within a SFRA Project Area, a credit in the 
amount set forth in Subsection (d) below shall be 
applied against the amounts otherwise due and 
payable to the City under Section 502.8(a). The 
foregoing credit is only applicable to a transient 
occupancy tax levied by the San Francisco Rede- 
velopment Agency pursuant to the California 
Revenue and Taxation Code Section 7280.5 for 
the purpose of paying debt service (as defined 
below) on bonded indebtedness issued by the San 
Francisco Redevelopment Agency (the "agency 
bonds") for redevelopment purposes. 

(d) Amount of Credit. The aggregate 
amount of the credit for each fiscal year shall not 
exceed the debt service on the agency bonds due 
and payable for that fiscal year. "Debt service" 
means (i) all payments of principal of and inter- 
est on the agency bonds, (ii) any required pay- 
ment made by the Agency to a bond reserve 
account established under the agency bond in- 
denture for the exclusive benefit of the agency 



213 



Tax on Transient Occupancy of Hotel Rooms 



Sec. 503. 



bonds and (iii) any fee charged by the Tax 
Collector or the Controller pursuant to Subsec- 
tion (e) below. 

(e) Administration of Agency Tax. The 

Tax Collector and the Controller are hereby 
authorized to enter into a tax administration 
agreement with the San Francisco Redevelop- 
ment Agency to administer any transient occu- 
pancy tax levied by the San Francisco Redevel- 
opment Agency, including collection of taxes and 
assessment of penalties and interest and any 
other tax collection functions associated with 
such levy. Monies collected on behalf of the San 
Francisco Redevelopment Agency shall be trans- 
mitted to the San Francisco Redevelopment 
Agency for use in accordance with the require- 
ments of the agency bonds and the tax adminis- 
tration agreement. The Tax Collector and the 
Controller may charge the San Francisco Rede- 
velopment Agency a reasonable fee to compen- 
sate for its actual costs of collection and admin- 
istration services. 

(f) Limitations on Effectiveness. Section 
502.8 shall be of no further force or effect on 
December 31, 2027 or, in the event of a default on 
the agency bonds, on the date that such bonds 
are discharged. (Added by Ord. 227-94, App. 
6/9/94; amended by Ord. 19-98, App. 1/16/98) 

SEC. 502.8-1. IMPOSITION OF 
ADDITIONAL SURCHARGE IN CERTAIN 
REDEVELOPMENT PRO JECT AREAS. 

(a) Imposition of Surcharge. Effective Au- 
gust 1, 1996, there shall be a surcharge of two 
percent, in addition to the 12 percent tax speci- 
fied in Section 502.8, on the rent for every 
occupancy of the guest rooms in a hotel located 
within the boundaries of a SFRA Project Area (as 
such area is defined in Section 502.7). The sur- 
charge so collected shall be deposited in the 
General Fund subject to appropriation pursuant 
to the budget and fiscal provisions of the Char- 
ter. 

(b) Prorata Allocation of Tax and Sur- 
charge. When rent is paid, charged, billed or 
falls due on either a weekly, monthly or other 
term basis, the rent so paid, charged, billed or 



falling due shall be subject to a tax of 12 percent 
to the extent that it covers any portion of the 
period prior to August 1, 1996, and to the tax of 
12 percent plus the two percent surcharge herein 
imposed to the extent that it covers any portion 
of the period on or after August 1, 1996, and such 
pajrment, charge, bill or rent due shall be appor- 
tioned on the basis of the ratio of the number of 
days falling within said periods to the total 
number of days covered by such pajnnent. Where 
any surcharge has been paid hereunder upon 
any rent without any right of occupancy therefor, 
the Tax Collector may by regulation provide for 
credit or refund of the amount of such tax upon 
application therefor as provided in this Code. 

(c) No Credit for Transient Occupancy 
Taxes Paid to the San Francisco Redevelop- 
ment Agency. The credit in Section 502.8(c) for 
a transient occupancy tax levied by and paid to 
the San Francisco Redevelopment Agency shall 
not be applicable to the surcharge levied pursu- 
ant to this Section. 

(d) Limitations of Effectiveness. Section 
502.8-1 shall be of no further force or effect on 
and after December 31, 2027 or, in the event of a 
default on the agency bonds (as defined in Sec- 
tion 502.8 above), on the date that such bonds 
are discharged. (Added by Ord. 290-96, App. 
7/12/96; amended by Ord. 19-98, App. 1/16/98) 

SEC. 503. OCCUPANT TO PAY TAX TO 
OPERATOR. 

Unless prohibited by the laws of the United 
States or the State of California, or exempted by 
the provisions of this Article, every occupant 
occup3dng a guest room in a hotel in this City and 
County shall be required to pay the tax imposed 
herein to the operator along with the rent for the 
occupancy. This obligation is not satisfied until 
the tax has been paid to this City and County, 
except that a receipt indicating payment of the 
rent from an operator maintaining a place of 
business in this City and County or from an 
operator who is authorized by the Tax Collector 
to collect the tax shall be sufficient to relieve the 
occupant from further liability for the tax to 
which the receipt refers. (Amended by Ord. 395- 
84, App. 9/20/84) 



Sec. 504. 



San Francisco - Business and Tax Regulations Code 



214 



SEC. 504. COLLECTION OF TAX BY 
OPERATOR; RECEIPT TO OCCUPANT; 
RULES FOR COLLECTION SCHEDULES. 

Every operator maintaining a place of busi- 
ness in this City and County as provided in 
Section 503 herein, and renting guest rooms in 
this City and County to an occupant, not ex- 
empted under Section 506 of this Article shall, at 
the time of collecting the rent from the occupant, 
also collect the tax from the occupant and on 
demand shall give to the occupant a receipt 
therefor. In all cases in which the tax is not 
collected by the operator, as aforesaid, the opera- 
tor shall be liable to the Tax Collector of the City 
and County for the amount of the tax due on the 
amount of taxable rent collected from the occu- 
pant under the provisions of this Article, the 
same as though the tax were paid by the occu- 
pant. In all cases of transactions upon credit or 
deferred pajnnent, the payment of tax to the Tax 
Collector may be deferred in accordance there- 
v,^ith, and the operator shall be liable therefor at 
the time and to the extent that such credits are 
paid or deferred payments are made in accor- 
dance with the rate of tax owing on the amount 
thereof. 

The Tax Collector shall have the power to 
adopt rules and regulations prescribing methods 
and schedules for the collection and payment of 
the tax and such methods and schedules shall 
eliminate fractions of one cent. (Amended by 
Ord. 395-84, App. 9/20/84) 

SEC. 505. UNLAWFUL ADVERTISING 
REGARDING TAX. 

It is unlawful for any operator to advertise or 
hold out or state to the public or to any guest, 
directly or indirectly, that the tax or any part 
thereof will be assumed or absorbed by the 
operator or that it will not be added to the rental 
of the guest room, or that, if added, it or any part 
thereof will be refunded. (Added by Ord. 87-61, 
App. 4/26/61) 

SEC. 506. ADDITIONAL EXEMPTIONS. 

No tax shall be imposed hereunder: 
(a) Upon a permanent resident; 



(b) Upon a corporation or association hav- 
ing a formally recognized exemption from in- 
come taxation pursuant to Section 501(c) or 
501(d) or 401(a) of Title 26 of the United States 
Code as qualified by Sections 502, 503, 504 and 
508 of Title 26 of the United States Code; 

(c) Where the rent is less than at the rate of 
$30 a day or $100 per week. For multiple- 
occupancy guest rooms where the hotel deter- 
mines who will share the rooms, the exemption 
shall be based on the rent charged per person. 
(Amended by Ord. 395-84, App. 9/20/84; Ord. 
368-86 § 1, App. 8/29/86; Ord. 19-98, App. 1/16/ 
98; Ord. 113-98, App. 4/2/98; Ord. 291-00, File 
No. 001676, App. 12/22/2000) 

SEC. 515.01. HOTEL TAX ALLOCATIONS. 

(a) All monies collected pursuant to the tax 
imposed by Section 502 of this Article ("Hotel Tax 
Revenues") shall be allocated for the purposes 
specified in Subsection (b) in the amounts pre- 
scribed in Subsection (c), subject to the adjust- 
ments and limitations prescribed in Subsection 
(d). Any unexpended balances remaining in Allo- 
cations Number 1, 2, 3, 4, 5, 9 and 10 at the close 
of any fiscal year shall be deemed to be provided 
for a specific purpose within the meaning of 
Section 9.113 of the Charter and shall be carried 
forward and accumulated in said allocations for 
the purposes prescribed in Subsection (b). After 
the specific purpose allocations and accumula- 
tions required by this Section, all remaining 
revenues shall be transferred to the General 
Fund, of which an amount not to exceed two 
tenths of one percent (0.2%) shall be appropri- 
ated to the Tax Collector for the administration 
of the provisions of this Article. 

(b) The monies allocated pursuant to this 
Section shall be appropriated to the following 
departments and used solely for the following 
purposes: 

(1) Allocation Number 1 (Convention Facili- 
ties): To the City Administrator for Base Rental 
and Additional Rental as provided for and de- 
fined in the Project Lease, as amended, between 
the City and the San Francisco Redevelopment 
Agency, for the acquisition, construction and 



215 



Tax on Transient Occupancy of Hotel Rooms 



Sec. 515.01. 



financing of a convention center within the Yerba 
Buena Center Redevelopment Project Area, and 
for all expenses reasonably related to operation, 
maintenance and improvement of the Moscone 
Convention Center, Brooks Hall and Civic Audi- 
torium. 

(2) Allocation Number 2 (Convention and 
Visitors Bureau): To the City Administrator to 
contract with the San Francisco Convention and 
Visitors Bureau, pursuant to the authority granted 
by Section 3.104 of the San Francisco Charter, to 
pay administrative and operating expenses of 
the Convention and Visitors Bureau. 

(3) Allocation Number 3 (Low-Income Hous- 
ing in the Yerba Buena Center Redevelopment 
Project Area): To the Mayor to facilitate the 
construction of low-income housing in the Project 
Area and on certain parcels adjacent thereto, 
including, as may be necessary, payments for 
architecture, engineering, maintenance and op- 
eration, construction, financing and rent supple- 
ments for low-income households. Expenditures 
from Allocation Number 3 shall be made accord- 
ing to the following priorities: 

(A) The Mayor shall allocate and set aside 
Hotel Tax Revenues from Allocation Number 3 
the amount required for transfer to the rent 
supplement program established by Chapter 24A 
of the Administrative Code under the jurisdic- 
tion of the Mayor for rent supplements for low- 
income households and administration costs not 
to exceed eight percent (8%) of the total sum 
allocated for rent supplements. 

(B) The funds next available in excess of the 
amount required for the purposes described in 
(A) above shall be used exclusively to facilitate 
development of low-cost housing in the Project 
Area and on certain parcels adjacent thereto, 
including, but not limited to, expenses pertain- 
ing to the preparation of architectural and engi- 
neering programs, plans, specifications, esti- 
mates, land acquisition and expenses incurred 
by the City 

(C) The funds next available in excess of the 
amount required for the purposes described in 
(A) and (B) above shall be used exclusively to 
finance the construction of low-cost housing in 



the Project Area and on certain parcels adjacent 
thereto, including lease rental payment in sup- 
port of Redevelopment Agency bonds in the maxi- 
mum principal amount feasible pursuant to the 
Controller's estimate of future monies to be allo- 
cated pursuant to Allocation Number 3, or, alter- 
natively, mortgage payments for other financing 
used to facilitate the construction of housing; 
and also including costs of maintenance, opera- 
tion, furniture and equipment relative to said 
housing and the administration thereof. 

(D) The funds next available in excess of 
the amount required for the purposes described 
in (A), (B) and (C) above shall be used to provide 
the funds necessary to reduce rentals to 100 
percent of the units of housing constructed in the 
Project Area and on certain parcels adjacent 
thereto to rent-level categories equivalent to 
those then in effect in public housing in the City. 

(E) The funds next available in excess of the 
amount required for the purposes described in 
(A), (B), (C) and (D) above shall be retained in a 
maintenance, operation, furniture and equip- 
ment reserve fund to insure the maintenance 
and operation of the housing constructed in the 
Project Area and on certain parcels adjacent 
thereto. 

(F) Funds next available in excess of the 
amount required for the purposes described in 
(A), (B), (C), (D) and (E) above shall be applied to 
construct or rehabilitate low-income rental hous- 
ing for the elderly and handicapped in San 
Francisco which meet all of the following crite- 
ria: 

(i) One hundred percent of the units are 
rental, excepting staff-occupied units, which are 
affordable to low-income elderly or handicapped 
residents and will remain so for 40 years; 

(ii) The project is developed and controlled 
during that period by a nonprofit corporation, 
not excluding partnership ownership where the 
nonprofit corporation is the managing general 
partner; 

(iii) Additional project funding includes fund- 
ing from sources other than City and County of 
San Francisco. 



Sec. 515.01. 



San Francisco - Business and Tax Regulations Code 



216 



(G) The funds next available in excess of 
the amount required for the purposes described 
in (A), (B), (C), (D), (E) and (F) above may be 
applied, at the sole option of the City, to the early 
retirement of bonds or other evidence of indebt- 
edness used to finance low-cost housing in the 
Project Area or certain parcels adjacent thereto; 
or may be applied to pay for bridges, ramps, 
concourse and landscaping to further enhance 
the convention center in the Project Area. 

(H) Notwithstanding any other provisions 
of Allocation 3, to the extent that the City be- 
comes obligated to make lease rental pajnnents 
to the Redevelopment Agency in support of Re- 
development Agency low-income housing lease 
revenue bonds or a series of such bonds, the 
obligation of the City to make the appropriate 
allocations pursuant to Allocation 3 shall be 
deemed proportionately discharged. In the event 
that such bonds are paid and discharged prior to 
maturity, the foregoing obligation to make such 
appropriations and allocations shall be deemed 
to be proportionately discharged. 

(I) In the event that other public and pri- 
vate funds in the future become available to 
construct or otherwise subsidize the low-income 
housing and related expenses hereinabove re- 
ferred to, the Redevelopment Agency or the City 
may use such funds in lieu of the proceeds of the 
sale of the Redevelopment Agency low-income 
housing lease revenue bonds hereinabove de- 
scribed, and, to the extent that such funds be- 
come available and are utilized, the obligations 
of the Redevelopment Agency and the City to 
finance the low-income housing hereinabove de- 
scribed shall be deemed to be proportionately 
discharged. 

(J) Once each year, as soon as practicable 
after June 30th, the Mayor shall ascertain the 
amount of money appropriated pursuant to this 
Allocation 3 which has not been expended or 
reserved for a specific use as provided herein and 
shall, following a period of public comment, pre- 
pare a report setting forth a program for expen- 
diture of such money. 

(4) Allocation Number 4 (War Memorial): 
To the War Memorial Department to be used to 
defray the cost of maintaining, operating and 



caring for the War Memorial buildings and 
grounds as described in Section 27.3 of the San 
Francisco Administrative Code. 

(5) Allocation Number 5 (Candlestick Point): 
To the Recreation and Park Department for Base 
Rental and Additional Rental as provided in the 
1977 Amended Park Lease between the City and 
County of San Francisco and San Francisco 
Stadium, Inc. for the improvement and expan- 
sion of the Recreation Center located at Candle- 
stick Point. 

(6) Allocation Number 6 (Publicity/Advertis- 
ing; Recurring Events): To the City Administra- 
tor for publicity and advertising purposes pursu- 
ant to the provisions of Section 3.104 of the 
Charter for cultural and promotional organiza- 
tions and annual or regularly recurring parades, 
celebrations and street fairs, and to evaluate and 
review cultural, artistic or advertising programs 
funded pursuant to this Allocation Number 6 or 
Allocation Number 7. 

(7) Allocation Number 7 (Publicity/Advertis- 
ing; Nonrecurring Events): To the City Adminis- 
trator to be used for publicity and advertising 
purposes pursuant to the provisions of Section 
3.104 of the Charter for nonrecurring parades, 
celebrations and street fairs and for unforeseen 
special contingencies. 

(8) Allocation Number 8 (Cultural Equity 
Endowment Fund): To the Arts Commission for 
cultural equity initiatives, commissions to indi- 
vidual creative artists in all disciplines, project 
grants to small and midsize arts organizations, 
and artspace initiatives or facilities acquisition 
programs. 

(9) Allocation Number 9 (Asian Art Mu- 
seum): To the Asian Art Museum of San Fran- 
cisco for the operation and maintenance of the 
Museum. 

(10) Allocation Number 10 (Fine Arts Mu- 
seums): To the Fine Arts Museums of San Fran- 
cisco for the operation and maintenance of the 
Museums. 

(11) Allocation Number 11 (Cultural Cen- 
ters): To the Arts Commission to suppoi't the 
operation, maintenance and programming of the 
City-owned community cultural centers to as- 



217 



Tax on Transient Occupancy of Hotel Rooms 



Sec. 515.01. 



sure that these cultural centers remain open and 
accessible and remain vital contributors to the 
cultural life of the City. 

(12) Allocation Number 12 (Protocol): To 
the Mayor to support the Mayor's Office of Pro- 
tocol in their efforts to promote the City by 
hosting international visitors and delegations 
and by organizing events, trade missions, and 
other activities that promote San Francisco. This 



allocation shall expire at the end of fiscal year 
1997-98 and shall not extend beyond that fiscal 
year. 

(c) Each allocation for a purpose described 
in Subsection (b) shall be in the amount pre- 
scribed in the table below, subject to the adjust- 
ments and limitations prescribed in Subsection 
(d). 



Allocation No. 


1997—98 


1998 99 


1999—2000 


1. Convention Facilities 


$31,983,619 






2. Convention and Visitors Bureau 


$5,941,893 


$7,000,000 




3. Low-Income Housing: Yerba Buena Redevel- 
opment Area 


$4,810,360 






4. War Memorial 


$7,473,309 






5. Candlestick Point 


$4,770,360 






6. Publicity/Advertising: Recurring Events (in- 
cluding Cultural Centers) 


$12,450,411 






7. Publicity/Advertising: Nonrecurring Events 


$191,427 






8. Cultural Equity Endowment Fund 


$1,722,843 






9. Asian Art Museum 


$1,565,873 






10. Fine Arts Museums 


$3,947,224 






11. Cultural Centers 


$600,000 


$900,000 


$1,800,000 


12. Protocol 


$1,500,000 


$0 


$0 



(d) Adjustments to and Limitations on Allo- 
cation Amounts. Notwithstanding the provisions 
of Subsection (c), the allocation amounts shall be 
subject to the following adjustments and limita- 
tions: 

(1) Annual Adjustment: Prior to the calcu- 
lation of any other adjustment prescribed in this 
Subsection (d), each amount prescribed in Sub- 
section (c) shall be adjusted annually, commenc- 
ing in fiscal year 1998-99, by the percentage 
increase or decrease in actual hotel tax revenues 
compared with the prior fiscal year; provided, 
however, that the amount of the annual adjust- 
ment pursuant to this Subparagraph (1) shall 
not exceed 10 percent. 

(2) Limitation on Allocation Number 3 (Low- 
Income Housing in Yerba Buena Redevelopment 
Area): Unexpended monies appropriated pursu- 
ant to priority (E) of Allocation Number 3 shall 
be retained in a reserve fund which shall be 
allowed to accumulate in the maximum annual 
amount of $100,000 up to a maximum total 
amount of $1,000,000. 



(3) Limitation on Allocation Number 6 (Pub- 
licity/Advertising; Recurring Events): Of the 
amount allocated for publicity and advertising 
for recurring events, $650,000 in 1997-1998; 
$800,000 in 1998-1999 and $400,000 in 1999- 
2000, thereafter adjusted by the annual adjust- 
ment provided in Subparagraph (1) of this para- 
graph, shall be allocated to the Arts Commission 
to support the City-owned community cultural 
centers. 

(4) Adjustment to Allocation Number 6 ( Pub- 
licity/Advertising; Recurring Events) and Alloca- 
tion Number 11 (Cultural Centers): In fiscal year 
1998-99 and thereafter, no amount allocated to 
support the City-owned community cultural cen- 
ters shall be released to a cultural center unless: 

(A) The Arts Commission has received and 
approved an annual report from the cultural 
center demonstrating that the cultural center 
has had an active community support board 
dedicated to community outreach, fundraising, 
and advocacy on behalf of the cultural center in 



Sec. 515.01. 



San Francisco - Business and Tax Regulations Code 



218 



the prior fiscal year. For purposes of this Section, 
an "active community support board" shall mean 
a board that has convened on at least six occa- 
sions during the year. 

(B) The Arts Commission has received and 
approved an annual report from the cultural 
center demonstrating that the cultural center 
has, in the prior fiscal year, met the cultural 
center's revenue target from sources other than 
hotel tax revenues. For purposes of this Section, 
a cultural center's revenue target shall be at 
least 20 percent of the cultural center's total 
revenues, including hotel tax revenues, in fiscal 
year 1996-97 inflated annually by a rate of three 
percent or by the rate of growth in the cultural 
center's hotel tax revenues, whichever is lower. If 
the cultural center has not met its revenue 
target, the amount released to the cultural cen- 
ter shall be reduced in the following year by an 
amount equivalent to the difference between the 
revenue target and actual revenues collected 
from sources other than hotel tax revenues. All 
revenue calculations required to effectuate this 
limitation shall be certified by the Controller 
during the City's annual budget process. 

(C) The Controller has performed a finan- 
cial review of the cultural center within the 
previous four years. An initial financial review 
shall be performed for each cultural center by 
the end of fiscal year 1998-99. (Added by Ord. 
300-97, App. 7/25/97; amended by Ord. 301-97, 
App. 7/25/97; Ord. 302-97, App. 7/25/97; Ord. 
360-97, App. 9/5/97; Ord. 2-98, App. 1/16/98; Ord. 
254-98, App. 7/31/98; Ord. 183-01, File No. 011174, 
App. 8/17/2001) 

SEC. 515.2. CALCULATION OF 
PERCENTAGE ALLOCATIONS UNDER 
SECTION 515. 

(a) Notwithstanding anything to the con- 
trary in Section 515 of this Article, any and all 
percentage allocations set forth in Section 515 
hereof shall be based on the sum of the monies 
for deposit to the Hotel Room Tax Fund plus the 
SFRA percentage (as defined hereinafter) of the 
total transient occupancy tax revenues actually 
received from the SFRA Project Areas regardless 
of whether such revenues are received by the 



City or the San Francisco Redevelopment Agency. 
The SFRA percentage shall equal the quotient of 
eight percent divided by the tax rate imposed by 
the City pursuant to Section 502.8 hereof. 

(b) Notwithstanding Section 515(1) of this 
Article, the total amount to be allocated under 
Section 515(1) for each fiscal year shall be re- 
duced by the amount of principal and interest 
(exclusive of any bond reserve payments) due 
and payable for that fiscal year on any outstand- 
ing agency bonds, as defined in Section 502.8(c) 
hereof 

(c) Section 515.2 shall remain in effect so 
long as Section 502.8 of this Article remains in 
effect. (Added by Ord. 227-94, App. 6/9/94) 



[The next page is 229] 



ARTICLE 8: [RESERVED] 



229 



San Francisco - Business and Tax Regulations Code 230 



[The next page is 241] 



ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS 



Sec. 601. Additional Definitions. 

Sec. 602. Imposition and Rate of Tax. 

Sec. 602A. Charges Subject to Tax. 

Sec. 602.5. Imposition of a 10-Percent 
Surcharge. 

Sec. 603. Occupant to Pay Tax to 

Operator. 

Sec. 604. Collection of Tax by Operator; 

Receipt to Occupant; Rules for 
Collection Schedules. 

Sec. 605. Unlawful Advertising Regarding 

Tax. 

Sec. 606. Additional Exemptions. 

Sec. 607. Operator Certification of 

Revenue Control Equipment, 
RCE Record Review, and 
Unaccounted Ticket Ratio. 

Sec. 608. Parking tax amnesty program 

Sec. 608.1. Short Title. 

Sec. 608.2. Definitions. 

Sec. 608.3. Amnesty Program. 

Sec. 608.4. Liabilities Subject to Amnesty 
Program. 

Sec. 608.5. Amnesty Applications. 

Sec. 608.6. Subsequent Deficiencies. 

Sec. 608.7. Subsequent Refunds. 

Sec. 608.8. Authority of Tax Collector. 

Sec. 615. Administration. 

SEC. 601. ADDITIONAL DEFINITIONS. 

When used in this Article the following terms 
shall mean or include: 

(a) "Operator. " Any person operating a park- 
ing station in the City and County of San Fran- 
cisco, including but not limited to, the owner or 
proprietor of such premises, lessee, sublessee, 
mortgagee in possession, licensee or any other 
person otherwise operating such parking sta- 
tion. A person who otherwise qualifies as an 
operator as herein defined shall not, by reason of 



the fact that he was exempt from the tax herein 
imposed, be exempted from the obligations of an 
operator hereunder. 

(b) "Occupant." A person who, for a consid- 
eration, uses, possesses or has the right to use or 
possess any space for the parking of a motor 
vehicle in a parking station under any lease, 
concession, permit, right of access, license to use 
or other agreement or otherwise. 

(c) "Occupancy." The use or possession or 
the right to the use or possession of any space for 
the parking of a motor vehicle in a parking 
station. 

(d) "Parking Station." The term "parking 
station" shall include, but is not limited to: 

(1) Any outdoor space or uncovered plot, 
place, lot, parcel, yard or enclosure, or any por- 
tion thereof, where motor vehicles may be parked, 
stored, housed or kept, for which any charge is 
made; 

(2) Any building or structure, or any por- 
tion thereof in which motor vehicles may be 
parked, stored, housed or kept, for which any 
charge is made. 

(e) "Motor Vehicle." The term "motor ve- 
hicle" includes every self-propelled vehicle oper- 
ated or suitable for operation on the highway. 

(f) "Rent." The consideration received for 
occupancy valued in money, whether received in 
money or otherwise, including all receipts, cash, 
credits and property or services of any kind or 
nature, and also the amount for which credit is 
allowed by the operator to the occupant without 
any deduction therefrom whatsoever. 

(g) "Parking Meter. " Any device which, when 
the recording device thereof is set in motion, or 
immediately following the deposit of any coin, 
shall register the period of time that any motor 
vehicle may be parked adjacent thereto. (Amended 
by Ord. 9-71, App. 1/21/71; Ord. 231-91, App. 
6/12/91; Ord. 20-98, App. 1/16/98) 



241 



Supp. No. 2, October 2006 



Sec. 602. 



San Francisco - Business and Tax Reflations Code 



242 



SEC. 602. IMPOSITION AND RATE OF 
TAX. 

Subject to the provisions of this Article, there 
is hereby imposed a tax of 15 percent for the rent 
of every occupancy of parking space in a parking 
station in the City and County. (Amended by 
Ord. 453-77, App. 10/13/77; Ord. 20-98, App. 
1/16/98) 

SEC. 602A. CHARGES SUBJECT TO 
TAX. 

The term "rent," as defined in Section 601(f), 
shall be deemed to include the total c