This ordinance aims to restrict retail food and tobacco establishments in a high-crime area of the Tenderloin from operating between midnight and 5 a.m. for two years, allowing for fines and legal actions against those that violate these hours.
Ordinance amending the Police Code to create a two-year pilot program, during which retail food and tobacco establishments in a high-crime area of the Tenderloin police district are prohibited from being open to the public from 12:00 a.m. to 5:00 a.m., or from 2:00 a.m. to 5:00 a.m. if subject to regulation by the California Department of Alcoholic Beverage Control; authorizing the Department of Public Health to impose administrative fines for violation of the hours restrictions; declaring an establishmentβs operation in violation of the hours restrictions to be a public nuisance; authorizing enforcement actions by the City Attorney; and creating a private right of action for persons harmed by a violation of the hours restriction.
How it got here
The legislation originated from a need to address public safety concerns in the Tenderloin district, particularly related to drug-related crime and the operation of retail establishments during late-night hours.
Mayor Breed introduced an ordinance to amend the Police Code, creating a two-year pilot program to restrict operating hours for retail food and tobacco establishments in the Tenderloin.
The ordinance was referred to the Small Business Commission for comments and recommendations, highlighting the need for community input on the proposed restrictions.
The Police Department reported observations of large gatherings near open retail establishments during late-night hours, contributing to public safety concerns.
The committee reviewed the ordinance, discussing amendments to protect vulnerable businesses and ensure community outreach.
The committee passed amendments to the ordinance, allowing certain businesses to remain open until 2 a.m. and requiring a six-month assessment of the pilot program's impact.
The Board of Supervisors finally passed the ordinance, establishing the pilot program to restrict operating hours for retail establishments in the Tenderloin.
Reconstructed from attached documents & the official record
This ordinance establishes a two-year pilot program that restricts retail food and tobacco establishments in a high-crime area of the Tenderloin from operating between midnight and 5 a.m. It allows for fines and legal actions against businesses that violate these hours.