Board upholds Public Works revocation of 250 Post Street flower-vending permit

The San Francisco Board of Supervisors on Tuesday upheld the Department of Public Works’ decision to revoke the flower vending permit for a stand at 250 Post Street, a sidewalk kiosk that has been associated with Union Square area flower sellers for decades.

The board voted 10–1 to approve the director of public works’ order to revoke the permit after hearing testimony from the department, the permit holder’s representative and neighborhood stakeholders. Supervisor Aaron Peskin moved to approve the revocation; Supervisor Sheehy cast the lone no vote.

The central factual dispute at the hearing was whether the kiosk had been “abandoned” under the Public Works Code’s requirements for flower stands. Public Works told the board it had photographic evidence showing the stand had been non-operational and in disrepair for more than a year. “A notice to repair … was issued on 09/01/2016,” Michael Lennon, speaking for Public Works, said. He cited violations of Director’s Order No. 175,880 and the operational minimums in section 2(g) of the street flower market rules, which require a permit holder to maintain “a minimum of 35 operating hours per week and 46 weeks per calendar year.”

The stand’s representative disputed the characterization of abandonment and described a long history of conflict with a neighboring property manager, including interrupted access to utilities and alleged interference with operations. He told the board the stand and family business trace back to the 1950s and asked the supervisors for “fair consideration of the facts.” “We have never abandoned this flower stand,” he said.

Union Square property owners and the Union Square Business Improvement District said the kiosk had become an eyesore and a source of litter and graffiti during long periods of closure. “In general, as the BID, our position with regard to flower stands is if they’re open and operational and teeming with flowers, they are a wonderful and incredible amenity,” Karen Flood, executive director of the BID, said. “Right now, sadly, it’s just blight.”

After supervisors weighed the photographic record and testimony, Peskin said he was “with a heavy heart” but concluded the code’s “use it or lose it” rule applied. He moved to approve Item 25, which affirms the director’s revocation order; the motion passed with Peskin, Ronan, Safaie, Tang, Yi, Breed, Cohen, Farrell, Feuer and Kim voting yes and Supervisor Sheehy voting no.

What this means: the permit holder must remove the street structure from the public right of way unless further legal action is taken. The department said its recommendation also included removal of the structure after revocation. The board did not modify the director’s order on conditions for reinstatement.

Background and context: San Francisco’s flower-stand rules are codified in the public works code (the street flower market provisions) and establish size, product and operating-hour restrictions for sidewalk flower vending locations. Public Works said those rules are also enforced through director’s orders and notice-to-repair processes. In recent years the number of long-standing, permitted flower stands around Union Square has declined, and remaining stands have increasingly faced pressure from changing retail patterns and disputes with building managers.

The board’s action leaves the revocation in place. The permit holder and other parties may pursue administrative or judicial remedies independent of the board’s action.

Votes at a glance

- Motion: Approve item 25, upholding Public Works’ order to revoke the permit at 250 Post Street. - Mover: Supervisor Aaron Peskin. - Second: Supervisor Norman Yee (record shows second present as part of roll call sequence). - Outcome: Approved, 10–1 (Sheehy no). - Key legal references: Director’s Order No. 175,880 (cited by Public Works); Public Works order 186054 (issued after hearing); Public Works Code (street flower market provisions), section 2(g) (operating-hour minimum); City charter referenced in testimony.

Who spoke (selected)

- Appellant (Harold, flower stand operator) — appellant and on-site operator (self-identified; represented the family business) - Michael Lennon — Public Works representative - Karen Flood — Executive Director, Union Square Business Improvement District (public comment in opposition to the appeal) - Ted Plan — local real estate broker (public comment) - Richard Lee — Cushman & Wakefield representative (public comment) - Supervisor Aaron Peskin — Board member who moved the motion

Clarifying details

- Notice to repair No.: 171074841 (issued 09/01/2016), cited by Public Works in testimony. - Operational standard cited: minimum 35 operating hours per week and 46 weeks per calendar year (Public Works director’s order language). - Photographic evidence: Public Works described a set of still-frame photographs spanning roughly February 2016 through mid‑2017 showing repeated non-operation; the exact photo log was submitted to the department record.

Authorities

- Public Works Code — street flower market provisions (operational and maintenance standards) - Director’s Order No. 175,880 — cited by Public Works in the revocation recommendation - Public Works Order No. 186054 — the order issued following the hearing

Proper names

- Union Square Business Improvement District (organization)

Provenance

- topicintro: transcript block beginning “Items 24 through 27 comprise the hearing … 250 Post Street.” (transcript time ~3499.83) - topicfinish: transcript block near the vote: “The motion is approved. Alright, madam clerk, can we go back to item number 1, please?” (transcript time ~5286.57)

Community relevance

- Geographies: Union Square/250 Post Street and surrounding retail corridor - Impact groups: sidewalk vendors, small businesses, tourists/retail customers

Meeting context

- Engagement level: Full public hearing format with presentations by appellant and Public Works, several public commenters for and against; roughly two hours of hearing time for this item - Implementation risk: Immediate — removal of the structure if no further administrative remedy pursued

Searchable tags

["flower vending","Union Square","Department of Public Works","street vendors","permit revocation"]