On April 23, 2012, Mayor Lee signed legislation that amends San Francisco’s restaurant zoning by reducing the total number of eating and drinking uses from 13 to 3. The legislation became effective May 24, 2012. Follow this link to view the final ordinance
The distinguishing characteristic is the sale of alcohol. A Restaurant is described as any restaurant that serves food, including those that serve beer, wine or liquor for on-site consumption. A Limited-Restaurant is any restaurant that serves food but does not serve beer or wine for on-site consumption. A Bar serves beer, wine or liquor for on-site consumption.
The new legislation creates definitions for all three of the categories, and also creates a new classification for ‘Take-out Food’:
SECTION 790.22. (BAR) A retail use which provides on-site alcoholic beverage sales for drinking on the premises, including bars serving beer, wine and/or liquor to the customer where no person under 21 years of age is admitted (with Alcoholic Beverage Control [ABC] license types 42, 48, or 61) and drinking establishments serving beer where minors are present (with ABC license types 42 or 60) in conjunction with other uses such as movie theaters and other entertainment.
SECTION 790.90 (LIMITED RESTAURANT)
(a) A retail eating and/or drinking use which serves ready-to-eat foods and/or drinks to customers for consumption on or off the premises, that may or may not have seating. It may include wholesaling, manufacturing, or processing of foods, goods, or commodities on the premises as an accessory use as set forth in Section 703.2(b)(1)(C)(v).
(b) It includes, but is not limited to, specialty foods provided by bakeries, delicatessens, and confectioneries meeting the above characteristics, but it is distinct from a Restaurant, as defined in Section 790.91, and a Bar, as defined in Section 790.22. It may also operate as a Take-Out Food use as defined in Section 790.122.
(c) It shall not provide on-site beer and/or wine sales for consumption on the premises, but may provide off-site beer and/or wine sales for consumption off the premises with a California Alcoholic Beverage Control Board License type 20 (off-sale beer and wine) within the accessory use limits as set forth in Section 703.2(b)(1)(C)(vi).
SEC. 790.91. (RESTAURANT) A retail eating or eating and drinking use which serves prepared, ready-to-eat cooked foods to customers for consumption on or off the premises and which has seating. It may have a Take-Out Food use as defined by Planning Code Section 790.122 as a minor and incidental use. It may provide on-site beer, wine, and/or liquor sales for drinking on the premises (with ABC license types 41, 47, 49, 59, or 75); however, if it does so it shall be required to operate as a Bona Fide Eating Place as defined in Section 790.142. It is distinct and separate from a Limited-Restaurant as defined in Section 790.90.
It shall not be required to operate within an enclosed building pursuant to Section 703.2(b)(1) so long as it is also a Mobile Food Facility as defined in Section 102.34. Any associated outdoor seating and/or dining area is subject to regulation as an Outdoor Activity Area as set forth elsewhere in this Code.
SEC. 790.122. TAKE-OUT FOOD. A retail eating or eating and drinking use without seating which provides ready-to-eat food to a high volume of customers, who carry out the food for off-premises consumption. It sells in disposable wrappers or containers ready-to-eat food which is prepared on the premises and generally intended for immediate consumption off the premises.
It includes, but is not limited to, delicatessens, ice cream and cookie stores, and retail bakeries. It does not include retail grocery stores with accessory take-out food activity, as described in Section 703.2(b)(1)(C) of this Code, or retail uses which sell prepackaged or bulk ready-to-eat foods with no on-site food preparation area, such as confectionery or produce stores.
It may provide off-site beer, wine, and/or liquor sales for consumption off the premises (with ABC license 20 or 21).