Board upholds revocation of mobile catering permit near John O'Connell, delays enforcement until June

The San Francisco Board of Appeals on Wednesday upheld the Police Department—s revocation of a mobile catering permit for the vendor known as El Toniese, ruling that the vehicle—s continued operation violated a city ordinance banning catering trucks within 1,500 feet of a school. The board stayed enforcement of the revocation until June 9, 2009, to give the parties time to seek a local compromise.

The board—s action followed hours of testimony from the Police Department, the vendor—s counsel and a broad coalition of school and public-health officials. Sergeant William Coggin of the Police Department—s Permit Section told the board the truck operates within 1,500 feet of John O'7Connell High School and that the 2007 ordinance left no grandfather clause for longstanding vendors. "This catering truck is within 1,500 feet of John O'Connell High School," Coggin said during the hearing.

Attorney Steve Williams, representing Benjamin Santana and family, said the truck has operated lawfully at the site since 1994 and that the 2007 ordinance unintentionally eliminated longstanding businesses. "They were legislated out of business," Williams said, arguing the Business was not an active violator and that no students patronize the truck during school hours.

School district officials and health advocates urged strict enforcement. Chris Armentrout, director of development and local government relations for the San Francisco Unified School District, read a letter from Superintendent Carlos Garcia asking the board not to restore the permit and saying the ordinance was meant to "encourage our students to make healthy nutrition decisions." Jill Winns, a member of the San Francisco Board of Education and the author of the district—s student nutrition policy, told the board the ordinance was passed to limit students— access to unhealthy foods near campus. "Healthy students and healthy eating is essential to student achievement," she said.

Public commenters offered competing accounts of the site—s impact on students. Several parents and local health professionals said they had seen students pass money and sodas through a gap in the fence surrounding the school. Neighbors and regular customers of the truck countered that the campus is closed, that the truck is outside the fence and that they had never observed students buying food there.

After debate over enforcement options, Commissioner Garcia moved to uphold the revocation but to stay its enforcement until June 9 to allow the superintendent and the vendor time to meet and seek alternatives. The motion passed on a unanimous roll call vote, 5-0.

What—s next: The board—s order upholds the Police Department—s decision but pauses enforcement until June 9, 2009. The stay gives the school district and the vendor time to pursue an out-of-court accommodation; if the parties do not reach a change that requires a new permit, the revocation will take effect on June 9.