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

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Building and Related Technical Codes

Business and Tax Regulations Code

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Municipal Elections Code

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Supp. No. 1, September 2006

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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

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

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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

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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)

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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

Sec. 3.05.

San Francisco - Park Code

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.

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

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

Sec. 4.01.

San Francisco - Park Code

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.

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

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

(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

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;

(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)

Sec. 5.06.

San Francisco - Park Code

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.

Supp. No. 7, April 2007

Sec. 6.01.

San Francisco - Park Code

(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

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

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

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.

(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

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

Supp. No. 5, February 2007

Sec. 7.02.

San Francisco - Park Code

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

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

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

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

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

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

Sec. 8.06.

San Francisco - Park Code

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]

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

(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

(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.

(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

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

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)

(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.

(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

(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

(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

(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.

(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

(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

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

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

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

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

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.

(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

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

(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

Election Campaigns - Campaign Finance

Sec. 1.120.

(2) $120,000.00 for a candidate for Mayor,

(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

(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

(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

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,

(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

(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

(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

(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

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

(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

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

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

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

(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.

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

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.

(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

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

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

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

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

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

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.

(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

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;

(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

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

(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.

(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;

(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

(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

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.

(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

(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;

(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.

(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

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.

(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

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.

(insert the name of the person

who paid for the communication)" and appear at
least once on the advertisement.

(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

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

(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

(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.

(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

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

(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

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]

Supp. No. 12, November/December 2007

[INTENTIONALLY LEFT BLANK]

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

[INTENTIONALLY LEFT BLANK]

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.

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.

Sec. 1.320.

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]

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

Sec. 1.505.

San Francisco - Campaign and Governmental Conduct Code

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

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

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

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

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)

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.

(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;

(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.

(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.

Supp. No. 7, April 2007

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.

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.

(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

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

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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.

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185

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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

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

(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)

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18^

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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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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

(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

191

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

(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

Supp. No. 7, April 2007

193

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

(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

(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

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

(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

(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

(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

(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

Supp. No. 7, April 2007

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

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.

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

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

(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

(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

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

(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

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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;

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.

(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;

(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

(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.

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[INTENTIONALLY LEFT BLANK]

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.

(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).

(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

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

Supp. No. 16, April 2008

BUSINESS AND TAX REGULATIONS CODE

Article

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(a).

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

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)

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

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.

(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.

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

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;

(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

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

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-

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

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

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.

Supp. No. 10, July/August 2007

San Francisco - Business and Tax Regulations Code

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

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

(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

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

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

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

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

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.

Supp. No. 10, July/August 2007

Sec. 135.

San Francisco - Business and Tax Regulations Code

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

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

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

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

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

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

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

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

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.

(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)

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

Sec. 251.1.

San Francisco - Business and Tax Regulations Code

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)

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]

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;

"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;

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.

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;

(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.

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.

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

(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)

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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 S