SMALL BUSINESS COMMISSION

SF-ADMIN ch. 2A, art. XVI

in effect

SF Administrative Code § 2A.240 SMALL BUSINESS COMMISSION; POWERS AND DUTIES.

SEC. 2A.240. SMALL BUSINESS COMMISSION; POWERS AND DUTIES. (a) The Small Business Commission shall: 1. Formulate and evaluate goals, objectives, plans, and programs and set policies for the City regarding small businesses, consistent with any overall objectives established by the Mayor and the Board of Supervisors through the adoption of legislation, in order to promote the economic health of the small business community in San Francisco, its employees, and its customers; 2. Develop and keep current an annual statement of purpose outlining its areas of jurisdiction, authorities, purpose and goals, subject to review and approval by the Mayor and the Board of Supervisors; 3. Recommend to the Mayor for submission to the Board of Supervisors rates, fees and similar charges with respect to appropriate items coming within its jurisdiction; 4. Prepare and recommend to the Mayor an annual budget for the Commission's activities; 5. Oversee grants and programs concerning and benefiting small businesses and neighborhood business districts; 6. Review all legislation affecting small businesses and make recommendations to the Board of Supervisors; 7. Declare one month out of the year Small Business Month; 8. During Small Business Month, coordinate activities to encourage the general public to support San Francisco small businesses; 9. Review rules and regulations adopted by City departments that affect small businesses and recommend modifications that would promote the health of small businesses; 10. Collect and analyze information about the small business economy in San Francisco, as well as conduct investigations under its power of inquiry into any aspect of governmental operations affecting small businesses, including holding hearings and taking testimony, and make recommendations to the Mayor or the Board of Supervisors; and 11. The Commission may adopt such rules and regulations consistent with the provisions of this Section as are necessary for the conduct of its business. Such rules and regulations shall be available for public review and comment for 10 days before they are finally adopted by the Commission. (Added by Ord. 33-04, File No. 030423, App. 3/19/2004; Ord. 265-09, File No. 090960, App. 12/18/2009; amended by Ord. 73-23, File No. 230135, App. 5/3/2023, Eff. 6/3/2023)

SF Administrative Code § 2A.241 OFFICE OF SMALL BUSINESS.

SEC. 2A.241. OFFICE OF SMALL BUSINESS. (a) Duties and Functions. The Office of Small Business, which shall be a City department under the direction of the Small Business Commission, shall perform the following functions to assist small businesses located in San Francisco with a total workforce of 100 or fewer fulltime employees: 1. Centralize and coordinate the information and advice services to small businesses managed by other City departments. 2. Operate a Small Business Assistance Center, which shall support the full diversity of San Francisco's small businesses with information concerning: (A) business structure and formation, obtaining necessary licenses, accessing financial resources, and finding appropriate real estate; (B) obtaining City permits; (C) bidding on government contracts and participating in the City purchasing process; (D) complying with government laws and regulations; and (E) adopting "green" and sustainable business practices. 3. Perform such other duties and functions to benefit small businesses as directed by the Small Business Commission or as assigned by the Mayor under Charter section 4.132; and 4. Report by March 1 and September 1 of each year to the Mayor and Board of Supervisors on the numbers of small businesses served by case managers and the Office of Small Business, types of services provided, numbers of small businesses obtaining City contracts and their dollar amount and on other performance measures as determined by the Small Business Commission. (b) Assistance and Support from Other Departments. The following City departments shall provide information and staff assistance to the Office of Small Business regarding compliance with the laws and regulations administered by their departments that impact small businesses; Assessor, Building Inspection, Environment, Fire, Human Rights Commission, Mayor's Office of Community Development, Office of Labor Standards Enforcement, Parking and Traffic, Planning, Police, Public Health, Public Works, Purchasing, Treasurer/Tax Collector, and such other departments as directed by the Mayor. Within four months of the initial hiring of any new staff, the Office of Small Business shall issue a report that analyzes the existing laws, regulations, roles, procedures and responsibilities of all city departments that impact small businesses and makes recommendations regarding the streamlining and consolidation of such departmental functions under the Office of Small Business. (c) Annual Survey. The Office of Small Business, in coordination with the Controller's Office, shall create and administer an annual survey of small businesses that use the Small Business Assistance Center to evaluate the Center's performance in serving small businesses. (Added by Proposition I, Approved 11/6/2007)

SF Administrative Code § 2A.242 LEGACY BUSINESS REGISTRY.

SEC. 2A.242. LEGACY BUSINESS REGISTRY. (a) The Office of Small Business shall establish and maintain a registry of Legacy Businesses in San Francisco (the "Registry"). The purpose of the Registry is to recognize that longstanding, community-serving businesses can be valuable cultural assets of the City. In addition, the City intends that the Registry be a tool for providing educational and promotional assistance to Legacy Businesses to encourage their continued viability and success. (b) For purposes of this Section 2A.242, "Legacy Business" means a business that has been nominated by a member of the Board of Supervisors or the Mayor in accordance with subsection (c) below, and that the Small Business Commission, after a noticed hearing, determines meets each of the following criteria: (1) The business has operated in San Francisco for 30 or more years, with no break in San Francisco operations exceeding two years. The business may have operated in more than one location. If the business has operated in San Francisco for more than 20 years but less than 30 years it may still satisfy this subsection (b)(1) if the Small Business Commission finds that the business has significantly contributed to the history or identity of a particular neighborhood or community and, if not included in the Registry, the business would face a significant risk of displacement. (2) The business has contributed to the neighborhood's history and/or the identity of a particular neighborhood or community. Prior to the hearing, the Small Business Commission, or the Executive Director of the Office of Small Business on its behalf, shall request an advisory recommendation from the Historic Preservation Commission as to whether the business meets the requirement in this subsection (b)(2). If the Historic Preservation Commission does not provide an advisory recommendation within 30 days of receipt of the request, the Small Business Commission shall treat such nonresponse as an advisory recommendation that the business meets the requirement in this subsection (b)(2). (3) The business is committed to maintaining the physical features or traditions that define the business, including craft, culinary, or art forms. If the Small Business Commission makes all three findings, it shall include the business in the Registry as a Legacy Business. (c) Nominations for the Registry shall be limited to a total of 300 businesses per fiscal year (July 1 through June 30). A nomination is deemed to have been made on the date the Small Business Commission receives the nomination in writing from a member of the Board of Supervisors or the Mayor. Nominations received after the close of business on June 30 shall be considered received in the following fiscal year. The nominations for any fiscal year shall be the first 300 received in that fiscal year. There is no limit on the number of nominations that may be made by the Mayor or a Member of the Board of Supervisors. Notwithstanding the previous sentence, the Small Business Commission may adopt regulations under subsection (e) below to ensure that the Mayor and each member of the Board of Supervisors have the same opportunity to submit nominations, and to prescribe procedures as appropriate for the nomination process. (d) The Small Business Commission may, after a noticed hearing, adopt such rules, regulations, and forms necessary to implement this Section 2A.242. Any rules and regulations adopted under this authority shall be subject to disapproval of the Board of Supervisors by ordinance. The Small Business Commission shall provide written notice to the Clerk of the Board of Supervisors of its adoption of any rule or regulation under this subsection (d), along with a copy of said rule or regulation. If a Member of the Board of Supervisors does not introduce an ordinance to disapprove the rule or regulation within 30 days of the date of delivery of such notice to the Clerk of the Board of Supervisors, or if such an ordinance is introduced within the 30-day period but the ordinance is not enacted by the Board of Supervisors within 90 days of the date of the Commission’s delivery of notice to the Clerk of the Board of Supervisors, the rule or regulation shall go into effect. (e) The Small Business Commission shall survey San Francisco’s Legacy Businesses and, no later than September 30, 2015, make substantive recommendations to the Board of Supervisors for programs for Legacy Businesses. Such programs may include business and technical assistance, lease renewal and acquisition assistance, public education and commendation initiatives to recognize and honor the contributions of Legacy Businesses to San Francisco, financial incentives to encourage the stability of Legacy Businesses, and additional business stabilization and neighborhood continuity initiatives. (Added by Ord. 29-15 , File No. 141038, App. 3/19/2015, Eff. 4/18/2015; amended by Prop. J, App. 11/3/2015; Ord. 208-22, File No. 220877, App. 10/6/2022, Eff. 11/6/2022)

SF Administrative Code § 2A.243 LEGACY BUSINESS HISTORIC PRESERVATION FUND.

SEC. 2A.243. LEGACY BUSINESS HISTORIC PRESERVATION FUND. (a) Findings and Purpose. (1) According to a September 2014 report by San Francisco Architectural Heritage (San Francisco Heritage) entitled "Sustaining San Francisco's Living History: Strategies for Conserving Cultural Heritage Assets," long-operating businesses in San Francisco foster civic engagement and pride as neighborhood gathering spots, and contribute to San Francisco's cultural identity. (2) In San Francisco's current economic climate, many otherwise successful, long-operating businesses are at risk of displacement, despite continued value to the community and a record of success. (3) In recent years, San Francisco has witnessed the loss of many long-operating businesses because of increased rents or lease terminations. (4) To the extent that property owners have little incentive to retain longstanding tenants, a long-operating business that does not own its commercial space or have a long-term lease is particularly vulnerable to displacement. A viable strategy for securing the future stability of San Francisco's long-operating businesses is to provide incentives for them to stay in the community, and incentives for their landlords to enter into long-term leases with such businesses. (5) The purpose of the Legacy Business Historic Preservation Fund, therefore, is to maintain San Francisco's cultural identity and to foster civic engagement and pride by assisting long-operating businesses to remain in the City. (b) Grants To Legacy Businesses. (1) Qualifications for Grant. Subject to the budgetary and fiscal provisions of the City Charter, the Office of Small Business shall award a Legacy Business, as defined in Section 2A.242, an annual grant as calculated in subsection (b)(3) below, provided that the Legacy Business: (A) annually files an application for the grant with the Office of Small Business between July 1 and September 30; (B) has no amounts owing to the City as a result of fines, penalties, interest, assessments, taxes, fees, or any other financial obligations imposed by law, regulation, or contract that were delinquent as of the date of application; and (C) meets all other requirements for the grant established by this Section 2A.243 and by any rules and regulations of the Small Business Commission. A Legacy Business qualifying under this subsection (b)(1) shall be referred to as a "Qualified Legacy Business" for purposes of this Section 2A.243. (2) Grant Application. A Legacy Business seeking a grant under subsection (b) of this Section 2A.243 shall submit an application on a form prepared by the Office of Small Business, and shall certify: (A) the number of full-time equivalent employees employed in San Francisco by the Legacy Business as of the immediately preceding June 30; and (B) that the Legacy Business meets all of the requirements for the grant established by this Section 2A.243 and by any rules and regulations of the Small Business Commission. For purposes of this Section 2A.243, the number of full-time equivalent employees employed in San Francisco by a Legacy Business as of the immediately preceding June 30 is determined by adding, for each employee employed as of that date, the employee's average weekly hours over the preceding 12 months (July 1-June 30), dividing the result by 40, and rounding to the nearest full employee. (3) Amount of Grant. After the September 30 application deadline, the Office of Small Business shall award to a Qualified Legacy Business a grant equal to $500 per full-time equivalent employee employed in San Francisco by the Qualified Legacy Business as of the immediately preceding June 30, up to a maximum of 100 full-time equivalent employees, except that the total combined grants paid to all Qualified Legacy Businesses in a fiscal year (July 1-June 30) shall not exceed the appropriations into the Legacy Business Assistance Account in the Legacy Business Historic Preservation Fund. If in a fiscal year the total grants requested by Qualified Legacy Businesses under this Section 2A.243 exceed the amount of the appropriations into the Legacy Business Assistance Account, the Office of Small Business shall allocate the grants to be paid to all Qualified Legacy Businesses proportionately based on the number of full-time equivalent employees employed in San Francisco by each Qualified Legacy Business as of the immediately preceding June 30. The Office of Small Business shall pay the grants from the Legacy Business Assistance Account in the Legacy Business Historic Preservation Fund. (c) Grants To Landlords. (1) Qualifications for Grant. Subject to the budgetary and fiscal provisions of the City Charter, the Office of Small Business shall award an annual grant to a landlord that, on or after January 1, 2016, enters into an agreement with a Legacy Business that leases real property in San Francisco to the Legacy Business for a term of at least 10 years or extends the term of the Legacy Business's existing lease to at least 10 years, for each year of a lease entered into on or after January 1, 2016, or each year that was added to an existing lease on or after January 1, 2016 (e.g., an existing five-year lease that is extended to 20 years on January 1, 2016 would entitle the landlord to 15 years of grants), as calculated in subsection (c)(3) below, provided that: (A) the landlord files an initial application for the grant with the Office of Small Business after execution of the qualifying lease, and annually files an application for the grant prior to the anniversary date of the landlord's first grant payment; (B) the lease meets all other criteria required by rules and regulations of the Small Business Commission, including criteria tied to the amount of rent and other lease provisions that may impact the long-term stability of the Legacy Business; (C) the landlord has no amounts owing to the City as a result of fines, penalties, interest, assessments, taxes, fees, or any other financial obligations imposed by law, regulation, or contract that were delinquent as of the date of application; (D) the landlord is not related by ownership, either directly or indirectly, to the Legacy Business to which the landlord leases the property; and (E) the landlord meets all other requirements for the grant established by this Section 2A.243 and by any rules and regulations of the Small Business Commission. Any lease or lease extension between a landlord and a Legacy Business shall not fail to meet the requirements of this subsection (c)(1) as a result of a provision in the lease making the lease, or any portion thereof, contingent upon the landlord receiving a grant from the City under this subsection (c)(1) equal to $4.50 per square foot, up to a maximum of 5,000 square feet per location, of the improvements in San Francisco leased to the Legacy Business from which the Legacy Business operates its business. A landlord qualifying under this subsection (c)(1) shall be referred to as a "Qualified Landlord" for purposes of this Section 2A.243. (2) Grant Application. A landlord seeking a grant under subsection (c)(1) of this Section 2A.243 shall submit an application on a form prepared by the Office of Small Business, and shall include: (A) a certification of the total square footage of the improvements in San Francisco leased to the Legacy Business from which the Legacy Business operates its business; (B) a copy of the lease with the Legacy Business; and (C) a certification that the landlord meets all of the requirements for the grant established by this Section 2A.243 and by any rules and regulations of the Small Business Commission. The landlord shall submit any subsequent annual applications for grants under subsection (c)(1) by the anniversary date of their first grant payment under subsection (c)(1) on a form prepared by the Office of Small Business, and shall include: (A) a certification of the total square footage of the improvements in San Francisco leased to the Legacy Business from which the Legacy Business operates its business; (B) a certification that there have been no changes to the lease that would impact the Qualified Landlord's eligibility for the grant; and (C) a certification that the Qualified Landlord continues to meet all of the requirements for the grant established by this Section 2A.243 and by any rules and regulations of the Small Business Commission. If the Office of Small Business denies a landlord's application for a grant, the Office of Small Business shall, to the extent permitted by law, keep confidential any lease submitted by that landlord under this subsection (c)(2) in connection with the application. If the Office of Small Business approves a landlord's application for a grant, the Office of Small Business shall, to the extent permitted by law, keep confidential all provisions in any lease submitted by that landlord under this subsection (c)(2) in connection with the application to the extent that such provisions did not form some or all of the basis for the Office of Small Business's decision to award the grant to the landlord. (3) Amount of Grant. Following a landlord's initial application and on the anniversary date of a Qualified Landlord's first grant payment thereafter, the Office of Small Business shall pay to a Qualified Landlord a grant equal to $4.50 per square foot, up to a maximum of 5,000 square feet per location, of the improvements in San Francisco leased to the Legacy Business from which the Legacy Business operates its business, except that the total grants paid to all Qualified Landlords in a fiscal year shall not exceed the appropriations into the Legacy Business Rent Stabilization Account in the Legacy Business Historic Preservation Fund. The Office of Small Business shall pay the grants from the Legacy Business Rent Stabilization Account in the Legacy Business Historic Preservation Fund. The Office of Small Business shall allocate funds from the Legacy Business Rent Stabilization Account among Qualified Landlords as follows: (A) The Office of Small Business shall first allocate amounts in the Legacy Business Rent Stabilization Account to cover all grants to be made during the fiscal year to Qualified Landlords from prior years that have years remaining on their leases with respect to which the Qualified Landlords are entitled to grants. If sufficient funds do not exist to cover all grants to be made during the fiscal year to these Qualified Landlords from prior years, the Office of Small Business shall allocate the amount in the Legacy Business Rent Stabilization Account to these Qualified Landlords from prior years proportionately based on the square footage of the improvements in San Francisco leased to the Legacy Businesses from which the Legacy Businesses operate their businesses. (B) If there are sufficient funds in the Legacy Business Rent Stabilization Account to pay all grants during the fiscal year to Qualified Landlords from prior years, grants to new Qualified Landlords will be made out of any amount remaining in the Legacy Business Rent Stabilization Account (after subtracting amounts necessary to pay all grants during the fiscal year to Qualified Landlords from prior years) in the order that the Office of Small Business receives the Qualified Landlords' completed grant applications, beginning on July 1 of each fiscal year. If any Qualified Landlord from a prior year fails to apply for a grant in a subsequent year or fails to qualify in a subsequent year, the amount of funds that would have been paid to that previously Qualified Landlord shall be available to pay grants to new Qualified Landlords under this subsection (c)(3)(B). (C) If the Small Business Commission determines that a Legacy Business faces an immediate risk of displacement and that a grant under subsection (c)(1) of this Section 2A.243 would prevent such displacement, but there are insufficient funds in the Legacy Business Rent Stabilization Account (after subtracting any amounts to be paid during the fiscal year to Qualified Landlords from prior years) to make such a grant, the Small Business Commission may request a supplemental appropriation from the Board of Supervisors. Such supplemental appropriation will be used first to pay the grant to the Legacy Business that faces an immediate risk of displacement, with any remaining amount being available to pay grants to new Qualified Landlords. (d) Implementation. (1) After holding a public hearing, the Small Business Commission, in consultation with the Controller, shall adopt rules and regulations to establish the procedures to implement this Section 2A.243. Any rules and regulations adopted under this authority shall be subject to disapproval of the Board of Supervisors by ordinance. The Small Business Commission shall provide written notice to the Clerk of the Board of Supervisors of its adoption of any rule or regulation under this subsection (d)(1), along with a copy of said rule or regulation. If a Member of the Board of Supervisors does not introduce an ordinance to disapprove the rule or regulation within 30 days of the date of delivery of such notice to the Clerk of the Board of Supervisors, or if such an ordinance is introduced within the 30-day period but the ordinance is not enacted by the Board of Supervisors within 90 days of the date of the Commission's delivery of notice to the Clerk of the Board of Supervisors, the rule or regulation shall go into effect. (2) The Office of Small Business shall have the authority to verify all information provided by a Legacy Business or landlord in connection with an application for a grant under this Section 2A.243. Failure of a Legacy Business or landlord to comply with information requests from the Office of Small Business, or the provision of false information in connection with an application or in response to such requests, shall result in the denial of any grant under this Section 2A.243. (e) Reports. (1) By the first business day of June of each year commencing with June 2017, the Executive Director of the Office of Small Business shall file a written report with the Board of Supervisors on the implementation of this Section 2A.243. The report shall include a list of: (A) each Qualified Legacy Business and the amount of the grant paid to each Qualified Legacy Business for the prior fiscal year; and (B) each Qualified Landlord, the Legacy Business to which the Qualified Landlord leased the real property, and the amount of the grant paid to each Qualified Landlord for the prior fiscal year. The report may include other information relevant to implementation of this Section 2A.243, at the discretion of the Executive Director of the Office of Small Business. (2) Commencing in fiscal year 2020-2021 (July 2020-June 2021), the Controller shall perform an assessment and review of the effect of this Section 2A.243 on the stability of Legacy Businesses for the prior five fiscal years. Based on such assessment and review, the Controller shall file a written analysis with the Board of Supervisors by no later than the first business day of October 2020, and by the first business day of October at five-year intervals thereafter. The analysis shall be based on criteria deemed relevant by the Controller, and may include, but is not limited to, data contained in the annual reports that the Office of Small Business submits to the Board of Supervisors under subsection (e)(1) above. (f) For fiscal year 2017-2018 and each second succeeding fiscal year thereafter, the Office of Small Business shall increase the amount per full-time equivalent employee (rounded to the nearest dollar) and the amount per square foot (rounded to the nearest cent) in subsections (b)(3) and (c)(3), respectively, of this Section 2A.243, to reflect increases in the Consumer Price Index: All Urban Consumers for the San Francisco/Oakland/San Jose Area for All Items as reported by the United States Bureau of Labor Statistics, or any other index that, in the discretion of the Controller, better reflects increases in commercial rents, for each of the preceding two years. These revised figures shall be used prospectively to calculate grants under subsections (b)(3) and (c)(3) of this Section 2A.243. (g) The Board of Supervisors may, without a vote of the people, amend this Section 2A.243 to increase the amount per full-time equivalent employee and the amount per square-foot in subsections (b)(3) and (c)(3) of this Section 2A.243, or to change the metric by which grants are made to Qualified Legacy Businesses and Qualified Landlords consistent with the purposes enumerated in subsection (a) of this Section 2A.243. (Added by Prop. J, App. 11/3/2015)

SF Administrative Code § 2A.244 NEIGHBORHOOD ANCHOR BUSINESS REGISTRY.

SEC. 2A.244. NEIGHBORHOOD ANCHOR BUSINESS REGISTRY. (a) The Office of Small Business shall establish and maintain a registry of Neighborhood Anchor Businesses in San Francisco (“the Registry”). (b) For purposes of this Section 2A.244 and Section 2A.245, “Neighborhood Anchor Business” means a business that either (1) is included in the Legacy Business Registry under Section 2A.242 of this Article, or (2) is designated pursuant to subsection (d), below, and meets all of the following criteria: (1) The business has been in continuous operation in San Francisco for 15 or more years at the time of nomination, meaning there has been no break in San Francisco operations exceeding two years, provided that a period of non-operation during the COVID-19 pandemic shall not be considered a break in operations; (2) The business has operated for that period in at least one physical location within a Neighborhood Commercial District (Planning Code Art. 7), Historic District (Planning Code Art. 10), Conservation District (Planning Code Art. 11), or Cultural District (Administrative Code Chapter 107), or in a location that has subsequently been recognized as a Neighborhood Commercial District, Historic District, Conservation District, or Cultural District. For purposes of this Section 2A.244, “Neighborhood Commercial District” shall include a Neighborhood Commercial Transit District and any other class of district established by Planning Code Section 702. (3) The business has a total of 100 or fewer employees across all locations. (c) A business shall not be eligible for inclusion in the Registry if there are any pending complaints against the business related to the violation of any worker protection law filed in court or with the California Division of Labor Standards Enforcement (DLSE), the San Francisco Office of Labor Standards Enforcement (OLSE), the California Division of Occupational Safety and Health (Cal/OSHA), or the California Division of Workers’ Compensation (hereinafter, “labor enforcement agencies”); if any court or labor enforcement agency has issued findings within the past five years that the business has violated any worker protection law, unless the relevant court or agency determines that the misconduct has since been corrected or resolved; or if the business has any unpaid judgment against it based on a finding by a court or labor enforcement agency that the business violated any worker protection law. If a court or labor enforcement agency issues such findings of misconduct against a business already included in the Registry, the inclusion of that business in the Registry shall automatically be suspended until the court or labor enforcement agency determines that the misconduct has been corrected or resolved. (1) Any business nominated to the Neighborhood Anchor Business Registry must first, as condition of that nomination, submit a signed, sworn statement under penalty of perjury, in a form to be provided by the Office of Small Business, that the business is in compliance with this subsection (c). The business shall also disclose as a part of the statement whether it has any pending complaints against it before a court or labor enforcement agency for violation of a worker protection law. (2) Any business included in the Registry must notify the Office of Small Business of any subsequent change in circumstances that would render its previous sworn statement inaccurate within 30 days of becoming aware of those changes. (d) The Office of Small Business shall enter a proposed Neighborhood Anchor Business in the Registry as follows: (1) The proposed Neighborhood Anchor Business must first be nominated by a local merchants association representing the neighborhood where the Business is located, nominated by the Small Business Commission, or recommended by petition signed by 25 or more residents who live within a one-mile radius of the Business. The Executive Director of the Office of Small Business may, by regulation, identify additional community-based organizations that may nominate businesses for inclusion in the Registry, where the Executive Director determines that such organizations have an established connection to the local business community and that the addition of such organizations would advance the City’s racial equity and language access goals. (2) No merchants association or community-based organization may nominate more than 10 businesses for inclusion in the Registry in any year. The Small Business Commission may nominate no more than 10 businesses for inclusion in the Registry in any year. There shall be no cap on the number of nominations by petition permitted in a year; (3) The Executive Director shall determine whether the nomination meets the requirements of subsections (d)(1) and (2), above, and whether the proposed Neighborhood Anchor Business meets the requirements of subsection (b), above; and (4) The Executive Director specifies in the Registry the location or locations of the Neighborhood Anchor Business that meet the requirements of subsection (b)(2), above. (e) In order to remain on the Registry, a Neighborhood Anchor Business must continue to meet the criteria set in subsection (b). (f) In addition to its duties under Section 2A.245, and subject to the fiscal and budgetary provisions of the Charter, the Office of Small Business may develop and submit to the Mayor and the Board of Supervisors for approval programs to preserve and grow Neighborhood Anchor Businesses, including programs for business and technical assistance, lease renewal and acquisition assistance, public education and commendation initiatives to recognize and honor the contributions of Neighborhood Anchor Businesses, and additional business stabilization and neighborhood continuity initiatives. (g) To ensure that the implementation of the Neighborhood Anchor Business Registry program comports with the City’s racial equity and language access goals and that the Registry includes an equitable balance of industries and types of businesses, the Office of Small Business shall, by October 1 of each year, prepare and submit to the Mayor and the Board of Supervisors a report on the characteristics and demographics of the businesses included in the Registry. The report shall include a breakdown of the businesses by industry type, the method of nomination to the Registry, the geographic distribution of the businesses, and the number of any requests for financial assistance or lease assistance made by the businesses through the Office of Small Business. The report shall also include summaries of how many people are employed by the businesses in the Registry, the race or ethnicity of those employees, their gender identity, and the languages spoken by those employees, and summaries of the race or ethnicity of the owners or operators of the businesses, their gender identity, and the languages spoken by the owners or operators. (h) The Office of Small Business may, after a noticed hearing, adopt such rules, regulations and forms that are not inconsistent with this Section 2A.244 or its purposes and that will assist and guide departments in implementing this Section and Section 2A.245. (Added by Ord. 80-21, File No. 210303, App. 6/17/2021, Eff. 7/18/2021) (Former Sec. 2A.244 added by Ord. 181-19, File No. 190165, App. 8/9/2019, Eff. 9/9/2019; renumbered as Sec. 2A.249 by Ord. 80-21, File No. 210303, App. 6/17/2021, Eff. 7/18/2021)

SF Administrative Code § 2A.245 NEIGHBORHOOD ANCHOR BUSINESS REGISTRY; BUSINESS GRANTS AND LOANS; COMMERCIAL EVICTION DEFENSE.

SEC. 2A.245. NEIGHBORHOOD ANCHOR BUSINESS REGISTRY; BUSINESS GRANTS AND LOANS; COMMERCIAL EVICTION DEFENSE. (a) It shall be City policy to include and, as appropriate, give priority to Neighborhood Anchor Businesses in the award and administration of any grant or loan program for San Francisco businesses related to relief or recovery from the COVID-19 emergency, subject to any applicable legal restrictions and consistent with the City’s racial equity and language access goals. All City officers and departments shall cooperate with the Office of Small Business in carrying out this policy. No later than 30 days after the Office of Small Business issues an application form for the Registry program, the Office shall prepare a report identifying all such programs that have as of that date formally adopted and promulgated eligibility requirements. If the City adopts any such grant or loan programs after the effective date of this Section 2A.245, the Office of Small Business shall add the programs to the report no later than 30 days after the formal adoption of eligibility criteria for those programs. The Office of Small Business shall inform Neighborhood Anchor Businesses of such opportunities and assist them, as appropriate, in applying and qualifying for such programs. (b) It shall be City policy to include and, as appropriate, give priority to Neighborhood Anchor Businesses in any commercial lease assistance, conflict resolution, or commercial eviction defense programs for San Francisco businesses, subject to any applicable legal restrictions and consistent with the City’s racial equity and language access goals. All City officers and departments shall cooperate with the Office of Small Business in carrying out this policy. No later than 30 days after the Office of Small Business issues an application form for the Registry program, the Office shall prepare a report identifying all such programs that have as of that date formally adopted and promulgated eligibility requirements. If the City adopts any such commercial lease assistance, conflict resolution, or commercial eviction defense programs after the effective date of this Section 2A.245, the Office of Small Business shall add the programs to the report no later than 30 days after the formal adoption of eligibility criteria for those programs. The Office of Small Business shall inform Neighborhood Anchor Businesses of such programs and assist them, as appropriate, in applying and qualifying for such programs. (Added by Ord. 80-21, File No. 210303, App. 6/17/2021, Eff. 7/18/2021)

SF Administrative Code § 2A.246 LEGACY BUSINESS ASSISTANCE PROGRAM.

SEC. 2A.246. LEGACY BUSINESS ASSISTANCE PROGRAM. (a) Definitions. For purposes of this Section 2A.246, the following terms have the following meanings: (1) “Legacy Business” has the meaning set forth in Section 2A.242(b) of this Code. (2) “Program” means the Legacy Business Assistance Program. (3) “Fund” means the Legacy Business Assistance Program Fund. (b) Legacy Business Assistance Program Fund. (1) Funds for the Program shall be deposited in the Legacy Business Assistance Program Fund, which shall be used for grants and assistance to Legacy Businesses and landlords of Legacy Businesses, as well as marketing, promotions, branding, and programmatic expenses to support Legacy Businesses. (2) The Fund shall be a category 4 fund, as that term is defined in Administrative Code Section 10.100-1. (c) Oversight and Management. (1) The Small Business Commission shall provide oversight of the Office of Small Business’s management of the Program. (2) The Office of Small Business shall report annually to the Small Business Commission on the activities and expenditures of the Program. (3) The Office of Small Business shall manage the Program, including but not limited to the approval of grants, assistance, marketing, promotions, branding, and programmatic expenses. (d) Operation of the Program. (1) Grants to Legacy Businesses. To promote the long-term stability of Legacy Businesses and to help Legacy Businesses remain in San Francisco, the Fund may be used to fund grants to Legacy Businesses, as defined in Section 2A.242, consistent with any rules and regulations approved by the Small Business Commission. (2) Financial and Business Assistance to Legacy Businesses. To promote the long-term stability of Legacy Businesses and to help Legacy Businesses remain in San Francisco, the Fund may be used to provide other financial assistance, business assistance, incentives, and programs to Legacy Businesses, consistent with any rules and regulations approved by the Small Business Commission. (3) Grants to Landlords of Legacy Businesses. To provide incentives for landlords to enter into long-term leases with Legacy Businesses and secure the future stability of San Francisco’s long-operating businesses, the Fund may be used to provide grants to landlords who enter into agreements with Legacy Businesses that lease real property in San Francisco, consistent with any rules and regulations approved by the Small Business Commission. (4) Financial and Business Assistance to Landlords of Legacy Businesses. To provide incentives for landlords to enter into long-term leases with Legacy Businesses and secure the future stability of San Francisco’s long-operating businesses, the Fund may be used to provide other financial assistance, business assistance, incentives, and programs to landlords of Legacy Businesses, consistent with any rules and regulations approved by the Small Business Commission. (5) Exemption from Chapter 21G of the Administrative Code and Other Obligations. The Office of Small Business does not need to enter into a contract with Legacy Businesses and/or landlords of Legacy Businesses in order to provide grants or financial assistance pursuant to this Section 2A.246. All grants and financial assistance to Legacy Businesses and/or landlords of Legacy Businesses entered into pursuant to this Section 2A.246, are not subject to the provisions in the Municipal Code, including but not limited to Chapter 21G of the Administrative Code, and all other provisions in the Administrative, Labor and Employment, Environment, or Police Codes, imposing obligations or other restrictions on contractors. (6) Marketing, Promotions, Branding, and Programmatic Expenses. To maintain San Francisco’s cultural identity and to foster civic engagement and pride, the Fund may be used to fund marketing, promotions, branding, and programmatic expenses to support Legacy Businesses and landlords of Legacy Businesses and other related programmatic expenses, with management by the Office of Small Business. (e) Rules and Regulations. (1) Within six months of the effective date of the ordinance in Board of Supervisors File No. 240088 enacting this Section 2A.246, and before the disbursement of any monies from the Fund, the Small Business Commission shall, after a noticed hearing, adopt such rules and regulations necessary to implement this Section 2A.246 and achieve the purposes identified in subsection (d), including but not limited to eligibility criteria and application procedures for grants from the Fund. Rules and regulations shall become final in accordance with subsection (e)(2). (2) Any rules and regulations adopted under the authority of subsection (e)(1) shall be subject to disapproval of the Board of Supervisors by ordinance. The Small Business Commission shall provide written notice to the Clerk of the Board of Supervisors of its adoption of any rule or regulation under subsection (a), along with a copy of said rule or regulation. If a Member of the Board of Supervisors does not introduce an ordinance to disapprove the rule or regulation within 30 days of the date of delivery of such notice to the Clerk of the Board of Supervisors, or if such an ordinance is introduced within the 30-day period but the ordinance is not enacted by the City within 90 days of the date of the Commission’s delivery of notice to the Clerk of the Board of Supervisors, the rule or regulation shall become final. (Added by Ord. 65-24, File No. 240088, App. 3/28/2024, Eff. 4/28/2024; amended by Ord. 232-24, File No. 240470, App. 10/3/2024, Eff. 11/3/2024)

SF Administrative Code § 2A.247 SMALL BUSINESS REZONING CONSTRUCTION RELIEF PROGRAM.

SEC. 2A.247. SMALL BUSINESS REZONING CONSTRUCTION RELIEF PROGRAM. (a) Definitions. For purposes of this Section 2A.247, the following terms have the following meanings: “Program” means the Small Business Rezoning Construction Relief Program. “Rezoning” means rezoning as a result of San Francisco’s residential rezoning program adopted by the City in 2025-26. “Small Business” means either: 1. A business or nonprofit organization with 100 or fewer full-time employees and an annual gross revenue of $5 million or less for the 2025 calendar year, and adjusted annually each year thereafter in accordance with the increase in the Consumer Price Index: All Urban Consumers for the San Francisco/Oakland/Hayward Area for All Items as reported by the United States Bureau of Labor Statistics, or any successor to that index, as of December 31 of the year two years prior to the calendar year, beginning with calendar year 2026, and rounded to the nearest $10,000; or 2. If the business is an Eating and Drinking Use establishment as defined in Section 102 of the Planning Code with 100 or fewer full-time employees or with an annual gross revenue of $7 million or less for the 2025 calendar year, and adjusted annually each year thereafter in accordance with the increase in the Consumer Price Index: All Urban Consumers for the San Francisco/Oakland/Hayward Area for All Items as reported by the United States Bureau of Labor Statistics, or any successor to that index, as of December 31 of the year two years prior to the calendar year, beginning with calendar year 2026, and rounded to the nearest $10,000. (b) Establishment of Small Business Rezoning Construction Relief Program. (1) The Program is established for the purpose of providing grants and other assistance to San Francisco’s Small Businesses impacted by increased construction as a result of the City’s Rezoning. (2) The Program shall be administered by the Director of the Office of Small Business (“OSB”) and the Director of the Office of Economic and Workforce Development (“OEWD”), or their designees (each, an “Administrator” and collectively the “Administrators”). (3) The Program shall, at minimum, include the following components: (A) Grants to Displaced Small Businesses. To retain and support San Francisco’s Small Businesses during a period of increased residential construction activity, the Program may fund grants to Small Businesses displaced as a result of Rezoning construction. (B) Financial and Business Assistance to Impacted Small Businesses. To retain and support San Francisco’s Small Businesses during a period of increased residential construction activity, the Program may also provide other financial assistance grants, business assistance, relocation assistance, leasing support services, incentives, and programs to Small Businesses experiencing interruption to their businesses caused by Rezoning construction. (4) The Program may include the following: (A) Loans to Small Businesses. The Administrators may partner with nonprofit community development financial institutions to administer a loan program in partnership with the City for loans to Small Businesses impacted by Rezoning construction. (B) Marketing, Promotions, Branding, Technical Assistance and Programmatic Expenses. The Program may also fund marketing, promotions, branding, technical assistance, and programmatic expenses to support Small Businesses impacted by Rezoning and other related programmatic expenses. (5) Exemption from Chapter 21G of the Administrative Code and Other Obligations. The Administrators shall not be required to enter into a contract with Small Businesses in order to provide grants or financial assistance pursuant to this Section 2A.247. The grants and financial assistance to Small Businesses entered into pursuant to this Section 2A.247 shall not be subject to the provisions in the Municipal Code, including but not limited to Chapter 21G of the Administrative Code, and all other provisions in the Administrative, Labor and Employment, Environment, or Police Codes, imposing obligations or other restrictions on contractors, except Administrative Code Chapters 12G and 12M and relevant provisions of the Campaign and Governmental Conduct Code shall apply. (6) Rules and Regulations. Within 12 months of the effective date of the ordinance in Board of Supervisors File No. 250782 enacting this Section 2A.247, and before the disbursement of any monies to Small Businesses, the Administrators shall promulgate such rules and regulations consistent with this section as it may deem appropriate to carry out the Program. Such rules and regulations shall include, but not be limited to, the qualifications of applicants and factors to be considered in the award of grants, prioritization of assistance to impacted Small Businesses having only one location, and shall ensure that impacted Small Businesses are eligible for the Program if they were displaced or impacted within two years before applying. (7) Annual Report. The Administrators shall submit an annual report to the Board of Supervisors and the Mayor setting forth an accounting of the amounts disbursed and the uses for which said funds were made. The first report shall be provided no later than December 1, 2027. (Added by Ord. 236-25, File No. 250782, App. 12/5/2025, Eff. 1/5/2026)

SF Administrative Code § 2A.249 PERMITTING PROGRAM FOR TENANTS AT 3150 18TH STREET

SEC. 2A.249. PERMITTING PROGRAM FOR TENANTS AT 3150 18TH STREET The Office of Small Business shall assist tenants operating businesses at 3150 18th Street by referring them to appropriate City departments to apply for permits or licenses during the period of the time-limited legitimization program established in Planning Code Section 192. All other City departments shall provide information or assistance upon request to the Office of Small Business in carrying out its responsibilities under this Section 2A.244.1 (Added as Sec. 2A.244 by Ord. 181-19, File No. 190165, App. 8/9/2019, Eff. 9/9/2019; renumbered by Ord. 80-21, File No. 210303, App. 6/17/2021, Eff. 7/18/2021) CODIFICATION NOTE 1. Ord. 80-21 renumbered this section but left this reference unchanged.

Source: City and County of San Francisco, Charter and Municipal Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_admin/0-0-0-1116Fetched: 11/1/2026