§ 2201.

DEFINITIONS

a.

Existing Defined Terms. The terms “Operator,” “Occupant,” “Occupancy,” “Parking Station,” “Motor Vehicle,” and “Rent” shall have the meaning set out in Article 9, Section 601 of this Code.

b.

Additional Defined Terms. When used in this Article, the following terms shall mean:

1.

“Affiliate” means a Person who owns or Controls, is owned or Controlled by, or shares common ownership or Control with, another Person.

2.

“Attendant Parking” means the service of parking an occupant’s vehicle at an Attended Parking Station or in a Parking Station connected with the Attended Parking Station provided by the Attended Parking Station Operator.

3.

“Attended Parking Station” means a Parking Station in which the Operator utilizes an attendant or cashier or other employee to issue Parking Tickets and/or collect Rent and/or otherwise assist Occupants.

4.

“Automatic Vehicle Counter” means a mechanical or electronic device, such as a hose counter, electric eye, arming and/or triggering loop, or other automated counting device that records the passage of a vehicle.

5.

“Cancelled Transaction” means a Transaction that the Operator cancels prior to payment.

6.

“City Garage” means a Parking Station owned by the City and County of San Francisco or by the San Francisco Parking Authority.

7.

“Collected Tickets” means the number of Parking Tickets returned to the Operator by Occupants for payment of Rent.

8.

“Control” means the power to control the affairs and key decisions of another person or corporation, in whatever manner exercised, whether directly or indirectly, whether legally enforceable, and however exercisable or exercised over such corporation or association. A presumption of control arises if the Operator, signatory or 10% owner is (or was) an officer, director, partner or member of such corporation or association.

9.

“Discount Parking” means parking provided for reduced Rent to members of a class of Occupants, including but not limited to early morning entry Occupants (“early-bird”), scooter or motorcycle Occupants, carpool Occupants, and persons with a merchant validation.

10.

“Discount Parking Ticket” means a Parking Ticket issued for Discount Parking.

11.

“Enforcing Agency” means the Tax Collector for the City and County of San Francisco.

12.

“Flat Rate Parking” means parking provided for present Rent for a prescribed or limited time Occupancy Period at a Parking Station that is not a Public Event Parking Station.

13.

“Inventory” means the number of motor vehicles present in a Parking Station at a given time.

14.

“Issued Tickets” means the total number of Parking Tickets issued to Occupants, including Voided Tickets, and Parking Tickets otherwise used or consumed in the operation of the Parking Facility for a given period.

15.

“Journal Tape” means a printed record of every Transaction, in consecutive order, that is generated by RCE not capable of producing an electronic Log File (e.g., a cash register or fee computer tape).

16.

“Log File” means an electronic read-only record generated by the RCE that is a consecutive record by date and time of every Transaction and the actions of the RCE and ancillary RCE devices.

17.

“Lost Ticket” means a Parking Ticket that has been issued to and misplaced by an Occupant, which has not been returned to the Operator with payment of Rent.

18.

“Monthly Occupant” means an Occupant who pays a flat fee for Occupancy on a monthly basis.

19.

“Monthly Parking” means parking for which Rent is charged to the Occupant as a fixed monthly fee.

20.

“NIST Book 44″ means the National Institute of Standards and Technology, Book 44, as adopted by the State of California pursuant to California Code of Regulations Section 4400 et seq.

21.

“Occupancy Period” means the time elapsed between the entry and the exit of an Occupant’s Motor Vehicle from a Parking Station for which the Operator charges Rent.

22.

“Parking Meter” means a mechanical or electronic device, owned or operated by the City and County of San Francisco, for the purpose of measuring the time a vehicle is permissibly parked in a parking space. For purposes of this Article, a Parking Meter is not RCE.

23.

“Parking Tax” means the tax and surcharge imposed on Rent charged for Occupancy in a Parking Station imposed by Article 9 of the San Francisco Business and Tax Regulations Code.

24.

“Parking Ticket” means the record provided by the Operator to the Occupant setting forth the time and date that the Occupant’s vehicle entered the Parking Station that is used by the Operator to determine the Rent charged to the Occupant.

25.

“Pay and Display Parking Station” means an Unattended Parking Station in which Occupants utilize a Pay Station to pay Rent for a specified Occupancy Period and receive a Receipt or Parking Ticket that the Occupant displays conspicuously in his or her vehicle as proof of payment.

26.

“Pay Station” means a mechanical or electronic device that accepts payment or prepayment of Rent from an Occupant and issues a Parking Ticket, release ticket or Receipt.

27.

“Periodic Report” means a report prepared daily, weekly, monthly, or quarterly by the Operator showing, at a minimum, the total Rent collected for that period, the identification numbers of the Parking Tickets used during that period, and the number of vehicles parked in the Parking Station during that period.

28.

“Person” means any individual, group, company, partnership, association, joint stock company, trust, corporation, society, syndicate, club, business, or governmental entity. “Person” shall not include the City or any of its departments or agencies.

29.

“Public Event Parking Station” means a Parking Station with more than five parking spaces, the Occupants of which are principally attendees of public events, such as a performing arts or sporting events, that occur fewer than 100 days in any calendar year and for which an Occupant prepays a flat-rate Rent for a fixed Occupancy Period.

30.

“RCE” means Revenue Control Equipment.

31.

“RCE Records” means the documents and reports generated by Revenue Control Equipment, including but not limited to Log Files or Journal Tapes. Books of account, accounting records, and other financial records provided by an Operator to the City in the course of an audit to confirm the data in Log Files or Journal Tapes shall also be considered RCE records.

32.

“Receipt” means the record issued by an Operator to an Occupant of the Rent paid by or on behalf of the Occupant.

33.

“Release Ticket” means the ticket issued by an Operator in exchange for payment of Rent that allows the Occupant to exit the Parking Station.

34.

“Revenue Control Equipment” means an automated mechanical or electronic device or devices that meet(s) the requirements of this Article. For purposes of this Article, a Parking Meter is not RCE.

35.

“Service Agent” means a person or other entity engaged in the business of installing, maintaining, or repairing RCE.

36.

“Substitute Ticket” means a Parking Ticket that an Operator processes as a replacement for a Lost Ticket.

37.

“Transaction” means the calculation and payment of Rent for Occupancy.

38.

“Transient Parking” means parking for which Rent is charged to the Occupant by the hour or the fraction of the hour.

39.

“Unaccounted Ticket” means a ticket that is issued to an Occupant and is not returned to the Operator. A Lost Ticket is an Unaccounted Ticket.

40.

“Unaccounted Ticket Ratio” means the ratio of Unaccounted Tickets to Issued Tickets for a given period, expressed as a percentage of Issued Tickets.

41.

“Unattended Parking Station” means a Parking Station in which the Operator does not use an attendant or cashier or other employee to issue Parking Tickets, collect Rent, and/or otherwise assist Occupants.

42.

“Valet” means a person or a service company subject to the requirements of Article 12 of the San Francisco Police Code as a Fixed Location Valet Parking Service or a Special Event Valet Parking Service.

43.

“Valet Lot” means a Parking Station, including a garage, lot or other off-street space or facility, used by a Valet for the parking or storage of Motor Vehicles in exchange for which the Valet receives compensation or other consideration.

44.

“Voided Ticket” means a Parking Ticket that is not issued to an Occupant, but that is used in the course of the Operator’s testing, repair or maintenance of the RCE.

History

(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; Ord. 292-10, File No. 101100, App. 11/18/2010)

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