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Board Reschedules Multiple Mobile Food Facility Appeals to Dec. 14; DPW Briefing Due Dec. 12
Summary
Multiple appeals against mobile food facility permits were continued to Dec. 14 so the Department of Public Works can file a late respondent brief; DPW must deliver copies to appellants and permit holder by Dec. 12, the board said.
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The San Francisco Board of Appeals on Dec. 7 granted a one‑week continuance for four mobile food facility permit appeals after the Department of Public Works said it had not received appellant briefs in time to prepare its response.
John Kwan of the Department of Public Works told the board the department had only received documentation from the board office late and needed time to review. Several appellants — including Deborah Sellers for Sellers Markets — said a one‑week continuance was acceptable if all matters could be scheduled together so appellants could appear without added hardship. Sellers asked that, if possible, the rescheduling occur at the same time to avoid multiple hearings that would be difficult for small business owners juggling childcare and business hours.
Permit holder Jeremy Paul (representing Docks of the Bay) asked the board to hear the matters that night, saying the Board of Supervisors had completed the underlying legislation and that further delay would impose a heavy burden on a small business. Paul argued he would prefer the board to proceed rather than continue the hearings.
Commissioners discussed the board’s briefing rules and fairness to respondents. The board moved to continue the four appeals to Dec. 14, 2011, and ordered the Department of Public Works to deliver its respondent brief by Monday, Dec. 12, with hard or electronic copies provided to every appellant and the permit holder. The motion passed 4–0.
The board also asked DPW to include any documentation about restroom/permit requirements referenced by parties so commissioners can review it before the rescheduled hearing.
