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Council rejects ordinance limiting sidewalk flower-vending rules; item fails 6-5
Summary
An ordinance to amend the Public Works Code and restrict aspects of sidewalk flower vending operations failed on Dec. 9 after members expressed concerns about property rights, abandonment rules, and family transfer prohibitions; supporters said amendment would recover permits when vendors abandon revocable permits.
The Board of Supervisors voted down an ordinance on Dec. 9 that would have amended the Public Works Code governing sidewalk flower-vending stands and established new operating conditions and fees.
Sponsor remarks and intent: Supervisor Dufty, speaking in support of the ordinance, said the item had been substantially simplified and that it would not take away “somebody's ability to run their business.” He described the principal goals as twofold: to allow the city to recover a revocable permit when a vendor “abandoned” use of a sidewalk spot, and to prohibit passing the permit to a family member through inheritance or sale. Dufty described the change as intended to remove longstanding multigenerational, effectively private claims on public property.
Board debate and outcome: The item drew dissent from several supervisors who said it would harm longstanding businesses or that the planning and administration around revocable permits needed clearer policy. The roll-call recorded 5 ayes and 6 noes and the ordinance failed. Specifically, the clerk recorded “There are 5 ayes and 6 noes. The item fails.”
Quote: “The only intention of this is to simply achieve 2 goals. Number 1, to say that you can recover… when somebody stops using it, when they abandon it … Number 2, that you cannot pass this on to a family member,” Supervisor Dufty said in explanation of the measure.
What’s next: Because the ordinance failed, current sidewalk vending revocable permit rules remain unchanged; supervisors and the public may reintroduce or rework provisions in future meetings or committee hearings.
