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Committee amends and advances Tenderloin late-night retail-hours pilot with 60-day notice for private suits
Summary
The committee approved an amended two-year pilot limiting late-night retail hours in a high-crime area of the Tenderloin and added a 60-day notice to the private right-of-action so the city attorney has an opportunity to enforce first.
The Land Use Committee on July 1 voted to recommend an amended ordinance creating a two-year pilot that would restrict retail food and tobacco establishments in a high-crime area of the Tenderloin from being open to the public between 12 a.m. and 5 a.m., or 2 a.m. to 5 a.m. for establishments regulated by the California Department of Alcoholic Beverage Control. The ordinance authorizes the Department of Public Health to impose administrative penalties for violations and declares a violation a public nuisance, with enforcement actions available to the city attorney and a private right-of-action for persons harmed.
Vice Chair Dean Preston described the final amendment, which requires anyone seeking to sue under the private right-of-action to provide a 60-day notice and allow the city attorney an opportunity to enforce. Preston said the amendment was circulated to the committee and addressed that outstanding procedural issue from the prior hearing. There were no public speakers on the item during the committee meeting.
After Preston moved to adopt the circulated amendment and send the ordinance as amended, the committee voted 3-0 in favor of forwarding the item to the full Board as a committee report.
