Pilot Mobile Vending Program

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The Mobile Vending Program will provide access to approximately 51 vending spaces along the Waterfront. Permits will be issued to vendors and spaces will be available on a first come first serve basis. The cost of the permit will be $100, and the term of the permit will be for one year from permit issuance.  

The Port is partnering with Mission Economic Development Association to provide technical assistance to those interested in applying for the Permit.  Applicants should contact mobilevending@sfport.com for assistance. 

On August 10, 2021, the Port Commission approved the Port's Pilot Mobile Vending Program contributes to meeting the Equity Objective of the Port’s Strategic Plan by offering new economic opportunities to historically disadvantaged communities while establishing rules that will allow for all visitors to safely enjoy the natural and recreational benefits of an inclusive waterfront. The Mobile Vending Program is governed by several City Codes that were amended through Ordinance 118-21

The Port is partnering with Mission Economic Development Association (MEDA) to provide technical assistance to those interested in applying for the Permit. 

 

Key Program Information

Vendor Definitions

Mobile Vendor - a person or entity that Vends Food or Merchandise from a pushcart, pedal- driven cart, wagon, or other non-motorized conveyance, or from one’s person or a stand, display, showcase, table, rack, or other movable structure. The term Mobile Vendor is comprised of each Roaming Mobile Vendor and each Stationary Mobile Vendor, and includes but is not limited to a Sidewalk Vendor as defined in California Government Code section 51036, as it may be amended from time to time. If a Mobile Vendor Vends as an employee or agent of another person or entity, that person or entity is also a Mobile Vendor.

Roaming Mobile Vendor - a Mobile Vendor that moves from place to place and stops intermittently to complete a Vending transaction.

Stationary Mobile Vendor - a Mobile Vendor that Vends from one or more fixed locations.

Required Permits

Prior to final permit issuance, the applicant must provide the following:

Please be advised other Non-Port approvals or permits may be required not listed above.  Please note that obtaining all non-Port regulatory approvals will be the Tenant’s responsibility with the Port’s participation where applicable.

Standard Permit Form

The Port utilizes a standard permit form, requires compliance with all City ordinances and laws, compliance with Environmental laws, zoning, and Port waterfront land use plan. Please be advised other non-Port approvals or permits may be required - see "Required Permits."  Note that obtaining all non-Port regulatory approvals will be the Tenant’s responsibility with the Port’s participation where applicable.

Insurance Requirements

  1. REQUIRED INSURANCE.
  2. Vendor, at its sole cost and expense, shall maintain, or cause to be maintained, throughout the Term, the following insurance:
    1. General Liability Insurance.  Comprehensive or commercial general liability insurance, with limits not less than One Million Dollars ($1,000,000.00) each occurrence combined single limit for bodily injury and property damage, including coverages for contractual liability, independent contractors, broad form property damage, personal injury, products and completed operations, fire damage and legal liability with limits not less than Two Hundred Fifty Thousand Dollars ($250,000.00). This policy must also cover non-owned and for-hire vehicles, Vending Equipment, and all mobile equipment or unlicensed vehicles, such as forklifts.  All liability insurance policies required to be maintained by Vendor hereunder shall contain a cross-liability clause, shall name as additional insureds by written endorsement the "CITY AND COUNTY OF SAN FRANCISCO AND THE SAN FRANCISCO PORT COMMISSION AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS," shall be primary and non-contributory to any other insurance available to the additional insureds with respect to claims arising under this Agreement, and shall provide that such insurance applies separately to each insured against whom complaint is made or suit is brought except with respect to the limits of the company's liability. 
    2. Automobile Liability Insurance.  Vendor must obtain, maintain, and provide to Port upon request evidence of automobile liability insurance for persons utilizing vehicles for Vending Operations on a regular basis, including without limitation, Vendor's Agents and Invitees.
    3. If applicable to Vendor’s operations, Workers’ Compensation; Employer's Liability; Jones Act; U.S. Longshore and Harborworker's Act Insurance.  Worker's Compensation Insurance, U.S. Longshore and Harborworker's Act Insurance and Jones Act Insurance with Employer's Liability limit not less than One Million Dollars ($1,000,000.00) for each accident, injury or illness, on employees eligible for each.  In the event Vendor is self-insured for the insurance required pursuant to this Section 16.1(c), it shall furnish to Port a current Certificate of Permission to Self-Insure signed by the Department of Industrial Relations, Administration of Self-Insurance, Sacramento, California.  
    4. Business Personal Property.  Vendor, at its sole cost and expense, shall procure and maintain on all of its personal property and alterations, in, on, or about any Vending Location or other Port property, personal property insurance on all risk form, excluding earthquake and flood, in an amount not less than full replacement value or a stated value, at Vendor’s sole discretion, for the replacement of Vendor’s personal property.  Port shall have no responsibility or obligation to maintain insurance or replace Vendor personal property or any improvements regardless of cause of loss.  Vendor shall also maintain, at Vendor’s expense, any additional insurance coverage which in Vendor’s own judgment may be necessary for Vendor Operations.

 

  1. WAIVER OF SUBROGATION. Notwithstanding anything to the contrary contained in this Agreement, Port and Vendor (each a “Waiving Party”) each waives any right of recovery against the other Party for any loss or damage sustained by such other party with respect to this Agreement, whether or not such loss is caused by the fault or negligence of such other party, to the extent such loss or damage is covered by insurance which is required to be purchased by the Waiving Party under this Agreement or is actually covered by insurance obtained by the Waiving Party. Each Waiving Party agrees to cause its insurers to issue appropriate waiver of subrogation rights endorsements to all policies relating to the Vending Operations; provided, the failure to obtain any such endorsement shall not affect the above waiver.

Activities Not Allowed

Several activities will not be allowed under the Mobile Vending Program, these include but are not limited to:

  • Alcohol sales/consumption
  • Amplified Sound
  • Seating for customers

Good Neighbor Policy 

SEC. 2A.7. GOOD NEIGHBOR POLICIES. Mobile Vendors shall operate in accordance with the following good neighbor policies:

(a) Mobile Vendors shall be individually responsible for any garbage, detritus, or debris that directly results from their Vending activity; and

(b) Noise and odors shall be contained within the immediate area of the Mobile Vendor so as not to be a nuisance to neighbors; and

(c) Mobile Vendors shall urge patrons to not litter and to maintain the safety, cleanliness, quiet, peace, and orderliness of the area; and

(d) Stationary Mobile Vendors shall provide for proper and adequate storage and disposal of garbage, detritus, and debris.