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Mixed rulings on Ola’s Exotic Coffee permits: Taylor appeal denied, Leavenworth permit granted
Summary
The Board of Appeals upheld DPW’s denial of Ola’s mobile‑food permit for 2701 Taylor (appeal denied, 3–2) but overturned DPW and granted the permit for 2801 Leavenworth (board overturned, 4–1). The decisions turn on whether products constitute 'like food' and on procedural/due‑process questions and police safety input.
The San Francisco Board of Appeals issued split decisions on appeals brought by Ola’s Exotic Coffee & Tea, a vendor that sought mobile‑food permits for locations on Taylor Street and Leavenworth Street.
At 2701 Taylor (appeal no. 11‑145), appellant Shasha (Shawsha) Lewis argued her cart primarily sells packaged African coffee beans and tea boxes and that her offering — she testified the non‑brewed items constituted about 90% of sales — is distinct from nearby businesses. The Department of Public Works, which had denied the permit after neighborhood notification and a hearing, told commissioners it had found brewed coffee and similar sweets sold nearby and concluded, under the mobile‑food rules, the proposed operation would be “like food” within 300 feet of existing vendors. DPW staff also said the applicant had outstanding administrative steps in some files. After questions about classification and process, the board voted 3–2 to uphold DPW’s denial, denying the appeal.
The board then heard a separate appeal for Ola’s at 2801 Leavenworth (appeal no. 11MFF0090). DPW said the police department had recommended denial because late‑night hours raised public‑safety concerns and the application paperwork did not clearly match the mobile‑food category; the applicant countered that hours were reduced and that the location lacked competing sellers of her specific African coffee product. Neighbors and the Fisherman’s Wharf Community Benefit District opposed based on congestion, restroom access and competition for nearby tenants. After extended questioning about process, whether the product is truly 'like food,' and whether police safety concerns were adequately documented, the board found DPW’s denial unsupported and voted to overturn the department and grant the permit for the Leavenworth location (recorded vote 4–1). Commissioners noted the department and police should work with the applicant to finalize required documentation and that enforcement and monitoring remain important.
The decisions split legal and factual questions: one panel majority viewed the Taylor submission as within DPW’s earlier denial, while a separate majority found insufficient record or process justification to deny the Leavenworth application and instead restored the applicant’s permit rights there. Both sides were urged to follow up on remaining administrative steps and on enforcement if problems arise.
