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Board denies rehearing request from food cart operator on continuous-operation finding
Summary
The Board of Appeals denied Shasha Lewis's rehearing request of a DPW denial of a mobile food facility permit, finding she did not provide documented proof of continuous operation during the code-required period.
The San Francisco Board of Appeals on Nov. 20 denied a rehearing request from a mobile food vendor who sought to overturn the Department of Public Works' decision not to renew a mobile food facility permit.
Appellant Shasha Lewis told the board she had operated her cart, submitted rental and equipment receipts and said opposition was coordinated by the Fisherman Wharf Association. "The manifest injustice is that after 3 years of operating ... my permit is thrown out the door for no fault of my own," Lewis said.
DPW counsel John Kwan said the department had held a director's hearing and asked Lewis to provide documentation demonstrating continuous operation; the department found she did not provide sales, tax or operational receipts at earlier hearings and denied renewal. "Based upon that information, the department chose to deny her renewal," Kwan said.
Several community speakers, including the Fisherman's Wharf Community Benefit District, told the board they found little evidence of sustained operation beyond a single day and questioned why new documents were not produced earlier. After commissioners discussed the timeliness and probative value of the new materials, the board voted 5-0 to deny the rehearing request and directed staff to release a notice of decision and order.
