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City & County of San Francisco
Office of Small Business Presents
SMALL BUSINESS BULLETIN
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J A N U A R Y, 2 0 1 2
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Dear Jane,
Happy 2012! We hope everyone had a wonderful holiday season and that 2012 will be a healthy and prosperous new year for all!
Mayor Edwin M. Lee recently introduced a proposed Charter Amendment to require further analysis of all legislation introduced at the Board of Supervisors that may result in a net job loss. Amongst the proposed changes is a requirement that the Small Business Commission (SBC) conduct a special hearing with possible development of alternative policy proposals. This allows the SBC more time to gather input from the small business community on important policy matters that will directly impact San Francisco small businesses. Please find more details about this proposed Charter Amendment in the News and Announcements section below.
In December, the Office of Small Business and the Office of Labor Standard and Enforcement sent out special announcements regarding changes and updates to San Francisco labor laws. New Minimum Wage: $10.24/Hour; New Health Care Security Ordinance (HCSO) Expenditure Rate: $1.46/Hour (20-99 Employees); and New HCSO regulations take effect on January 1, 2012. Details are in the SBAC Connection section.
There is also a new State labor law, AB 469, effective January 1, 2012, that requires employers to provide nonexempt employees at the time of hire with a written notice of specified information. Details and a sample notification form are in the News and Announcements section below.
Sincerely,
Regina Dick-Endrizzi,
Executive Director, Office of Small Business
   
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News & Announcements |
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• Mayor Lee Proposes Charter Amendment to Improve Small Business Input Through Jobs Impact Review Process
On Tuesday, December 13, Mayor Edwin M. Lee introduced a proposed Charter Amendment to require further analysis of all legislation introduced at the Board of Supervisors that may result in a net job loss. The proposed amendment would require the Controller’s Office to report on all legislation introduced at the Board of Supervisors that imposes obligations or limitations on private businesses or their operations that may result in a net job loss. It would prohibit the Board of Supervisors from taking final action on ordinances introduced when the Controller’s Office has made this determination, and refers the legislation to the Small Business Commission (SBC) for further consideration and possible development of alternative policy proposals.
As proposed, if legislation is referred under this charter provision to the SBC, the Commission shall then conduct a hearing on the subject legislation within 30 days. If the Commission finds that alternative legislation may be appropriate, the SBC may submit alternative legislation to the Board of Supervisors within 60 day of receiving the Controller’s analysis. Additionally, should the SBC submit alternative legislation, the legislation must be heard at the same time as the original ordinance.
The Commission has consistently advocated for additional time and processes to review certain types of legislation that may lead to job losses. Often, the Commission is unable to consider the Controller’s analysis when making recommendations. Additionally, Commission staff needs time to be able to perform outreach to the small business community in order to receive feedback and make informed recommendations. This Charter amendment will take significant steps to rectify these issues and provide an improved voice to small businesses.
The Small Business Commission will be hearing this proposed Charter amendment at the January 9, 2012 Commission meeting. Additionally, a copy of the proposed Charter Amendment is available on the Office of Small Business website. Please provide feedback to the Board of Supervisors at their corresponding email addresses. Your feedback is very much appreciated.
• New State Law, Effective 1/1/12, Requires All Employers to Provide Employees at the Time of Hire with Written Notice of Specified Information
Governor Brown has signed into law AB 469, known as the Wage Theft Protection Act of 2011. Click here for the full text of the Bill. The provisions of the Act become effective January 1, 2012. Labor Code section 2810.5 was added by the bill that requires all employers must provide each employee at the time of hire with a written notice that contains specified information and must be provided in the language the employer normally uses to communicate employment-related information to the employee.
AB 469 requires employers to provide nonexempt employees, at the time of hire, a notice that specifies:
- The rate of pay and the basis, whether hourly, salary, piece commission or otherwise, including any overtime rate
- Allowances, if any, claimed as part of the minimum wage, including meal and lodging allowances
- The regular pay day designated by the employer as required under the Labor Code
- The name of the employer, including any “doing business as” names in the letter not on the letterhead.
- The physical address of the employer’s main office or principal place of business and any mailing address, if different
- The telephone number of the employer
- The name, address and telephone number of the employer’s workers’ compensation carrier
If there is any change to the information in the notice, the employer must notify each employee, in writing, within seven calendar days of the changes, unless such changes are elsewhere reflected on a timely wage statement or other writing required by law. The new law only applies to nonexempt employees, which stresses the importance of properly classifying employees at the time of hire. This legislation also increases penalties for wage violations and makes further changes regarding collection of such penalties, including an increase in the statute of limitations.
Click here for a template of the Notice to Employees.
Click here for a list of Frequently Asked Questions regarding AB 469.
For more information, visit the California Department of Industrial Relations website.
• Mayor Lee & SFMTA Launch New Innovative Pay by Phone Parking Meters
Mayor Edwin M. Lee and the San Francisco Municipal Transportation Agency (SFMTA) recently launched the PayByPhone parking payment service in San Francisco that allows drivers to pay for parking at meters with their cell phone. The rollout began with parking meters in the Castro neighborhood and will continue Citywide to other neighborhoods by Spring 2012.
PayByPhone is a service that will be especially helpful to small business patrons who often complain of the lack of parking in San Francisco. Customers will be able to pay for parking at meters by cell phone, receive a reminder text when time is almost up, add time without returning to the meter, and receive receipts via e-mail. For more information, go to: www.SFpark.org/paybyphone
• SF Public Utilities Commission Announces Fats, Oils and Grease (FOG) Compliance Requirements and Ways to Reduce Your Sewer Service Charges by 14.2%
Fats, Oils and Grease (FOG) can be a serious problem for San Francisco’s sewers, clogging the pipes and costing the City more than $3.5 million per year to clear grease-clogged pipes. Restaurants and other food service establishments are a significant source of FOG because of the amount of grease used in cooking and other food preparation work.
In February 2011 the City adopted a FOG Control Ordinance (effective since April 1, 2011) to control FOG discharges to San Francisco’s sewer system from restaurants and other food service establishments. To enforce the requirements of the ordinance, the San Francisco Public Utilities Commission has developed a general wastewater discharge permit, which is applicable to all food service establishments (FSEs) in San Francisco. This general permit summarizes the compliance requirements contained in the FOG Control Ordinance.
The permit gives existing FSEs one year (i.e., by April 1, 2012) from the effective date of the ordinance to install required grease capturing equipment. However, new or converted FSEs, existing FSEs that undergo changes of ownership or renovations (requiring a plumbing permit), and existing FSEs that cause sewer blockages will be required to install appropriate grease capturing equipment, within 60 days of notification by the San Francisco Public Utilities Commission.
To help restaurants comply with the FOG Control Ordinance, Wastewater Inspectors will make visits in 2012. If your restaurant is required to install a grease removal device, there are loan/lease options to help reduce costs. See these factsheets for more information: English, Chinese, and Spanish.
***After installing grease capturing equipment, download and fill out the Installation Verification Form to receive a 14.2% reduction on the sewer service charge portion of your water/sewer bill.
Please direct questions and concerns, or requests for scheduling inspections to the SFPUC at FOGOrdinance@sfwater.org, (415) 695-7310 or visit the SFPUC website for details.
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SBAC Connection |
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• Reminder: New Minimum Wage, Health Care Expenditure Rates & Health Care Security Ordinance (HCSO) Provisions Take Effect on Jan. 1, 2012
New Minimum Wage: $10.24/Hour; New Health Care Security Ordinance (HCSO) Expenditure Rate: $1.46/Hour (20-99 Employees); and New HCSO regulations take effect on January 1, 2012. Please visit the Office of Labor Standard Enforcement's website for more details.
• Department of Industrial Relations reduces workers’ compensation policy assessment rates $113.3 million for fiscal year 2011-12
The California Labor and Workforce Development (LWDA) recently announced reduced assessment rates for self-insured employers and workers’ compensation policies by approximately $113.3 million (28% reduction) for the Workers’ Compensation Administration Revolving Fund (WCARF) and other funds for fiscal year 2011-12.
Insurance companies and self-insured employers will receive assessment notices in the mail. Insurers must pay the assessment for policy holders and recover those funds from policy holders through workers’ compensation policy surcharges and assessments. Letters and invoices were mailed to insurers and self-insured employers Dec. 1, 2011 showing the share of the assessments and surcharges due. Insurers with questions about their letters should call DWC Staff Services Manager Amadeo Urbano at (510) 286-7083 or DWC Analyst Naomi Carter at (510) 286-7087 for more information. Self-insured employers with questions about their letters should call the Office of Self Insurance Plans at (916) 574-0300 and speak with Tina Freese. Click here for the full press release. The Office of Small Business would like to thank Small Business California and Mr. Scott Hauge for bringing this to our attention.
• Expanded Tax Credit for Hiring Unemployed Veterans
Recent legislation signed by President Obama expands the work opportunity tax credit to provide employers with new incentives to hire qualified unemployed veterans. The credit is available to businesses that hire eligible unemployed veterans who begin work on or after Nov. 22, 2011, and before Jan. 1, 2013. Click here for details.
• 3 Ways to Start Planning Better For Your Existing Business
As the new year begins, this is a good time to pull out your business plan and find ways to improve your business. Good business planning can help a growing business stay focused and efficient. Here are 3 ways to start planning better for your existing business.
• Small Business Assistance Center Regular Office Hours
Services are available by phone, walk-in, and by appointment, M-Th, 8am-5pm, and by appointment only on Fridays.
• Small Business Financing Resources
Please click HERE for a list of nonprofit small business lenders.
• Small Business Resources & Workshops
Please click HERE for a list of small business resources and workshops.
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Small Business Commission Legislative Liaison |
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• Disability Access Improvement Legislation to Help Small Businesses Comply with ADA Laws
Introduced by President Chiu, Board of Supervisors File No. 111047 [Administrative, Planning, and Campaign and Governmental Conduct Codes - Disability Access Improvements for Small Businesses and Landlord Obligations] amends various codes to 1) bring ground floor entrances to, and exits from, the building into compliance with applicable state and federal disability access laws; 2) inform small business tenants of the potential legal and financial liabilities for failure to comply with those laws; 3) include in any new or amended leases a provision addressing the respective obligations of the landlord and small business tenant to bring the leased premises into compliance with those access laws; 4) require the City to give priority to building permit applications for work to bring space leased to small business tenants into compliance with those access laws; 5) allow small self-service restaurants and retail coffee stores to exclude the square footage of floor area required for disabled access from the calculation of maximum allowable square footage.
This ordinance is scheduled to be heard at the Commissions January 9, 2012 meeting.
• Proposed Licensing of Dog Walkers
Board of Supervisors File No. 111104 [Health Code - Regulating Commercial Dog Walkers on Park Property] introduced by Supervisor Wiener proposes to license and regulate commercial dog walkers while on park property. In order to become licensed, commercial dog walkers who are new to the business or have been registered with the City for less than three years must undertake 20 hours of classroom and hands-on training or complete 40 hours of practical experience working with another dog walker. Licensed dog walkers must carry $1 million of liability insurance and additional regulations and applicability requirements apply. The Commission heard this ordinance at our November 14, 2011 meeting and the Commission recommended approval with modifications, including increasing the number of permitted dogs from 7 to 8. Additional recommendations include delaying the implementation date, allowing a non compensated personal dog per licensed dog walker and removing a requirement that permits be visible & that only licensed dogs may be walked. At the December 12, 2011 Land Use and Economic Committee meeting, Supervisor Wiener and the committee accepted all SBC recommendations. The Committee is formally scheduled to recommend the ordinance for approval to the full Board of Supervisors on January 9, 2012.
• Ordinance Requiring Security Plans for Commercial Parking Garages and Lots
BOS File No. 111077, introduced by Supervisors Chiu and Wiener, would require a commercial parking permit applicant to include as part of the application a security plan for the parking garage or parking lot. The plan would need to meet minimum requirements set in the ordinance or by the Chief of Police in rules promulgated (rules that the Chief adopts) after a public hearing, and be reasonably calculated to protect individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot.
If any entrance to or exit from the parking garage or parking lot was within 1000 feet of any entrance to or exit from a business operating under a Place of Entertainment or an Extended Hours Premises permit issued by the Entertainment Commission, the security plan must provide for an attendant, security guard or other individual to remain at the garage or lot until 3:00 a.m. This requirement will not apply if the entrances and exits to the lot can be closed and secured so that vehicles may not enter or exit the garage or lot.
Other examples of components in the security plan may include; additional lighting, security cameras, emergency call boxes or phones, mirrors, barriers and other physical improvements.
The proposed ordinance would add two grounds for suspension or revocation of the permit:
(1) the permittee failed to comply with the security plan; and
(2) the permittee, or any employee or agent of the permittee, created, caused, or contributed to the creation or maintenance of a public nuisance in the operation of the parking garage or parking lot.
Finally, the proposed ordinance would authorize the City Attorney to enforce the provisions of Sections 1215 through 1215.6 through a civil action in any court of competent jurisdiction, and to seek injunctive relief to abate any nuisance caused by a failure to comply with those provisions. In any civil court action in which the City obtains an order of the Court, the proposed ordinance would entitle the City to recover its costs of investigation, enforcement, abatement, and litigation. Under the proposed ordinance, the prevailing party in any civil action to enforce Sections 1215 through 1215.6 would be entitled to reasonable attorneys fees.
This ordinance is scheduled to be heard at the January 9, 2012 Commission meeting.
• Plastic Bag Ban and Checkout Bag Charge Update
Amendments to the proposed “Checkout Bag” ordinance were made at the Board of Supervisors December 6, 20111 meeting. BOS File No. 101055 [Environment Code - Checkout Bags and Checkout Bag Charge] will ban the use of plastic bags at retail and eating establishment and require at fee to be charged for compliant bags, which include paper and compostable products. The new proposed requirements include:
· Beginning October 1, 2012, no store shall provide plastic bags. No store shall provide a recyclable paper bag or reusable bag to a customer at the point of sale unless the store charges a checkout bag charge of at least 10 cents.
· Beginning October 1, 2013 the above regulations shall apply to all food establishments (restaurants) and will include a 10 cent fee on compostable bags in addition to paper bags.
· Detailed specifications apply for paper bags, composted bags, and reusable bags.
Earlier versions of the ordinance included a provision that the fee for compliant bags would be raised to 25 cents in 2014. The SBC recommended approval of this ordinance at our November 14, 2011 meeting with a recommendation that the effectiveness of the 10 cent fee be analyzed to determine if the 25 cent charge was necessary. The 25 cent fee increase has since been eliminated. The Board of Supervisors instructed the Department on the Environment to conduct additional business outreach before the Board takes action. Action is currently schedule to be taken at the Boards February 7, 2012 meeting. The SBC has requested that Department of the Environment also conduct consumer outreach so that businesses are not placed with the sole burden of educating consumers. Also, please note that the Commission has confirmed that the fees charged for paper checkout bags are not taxable. The Commission is currently requesting a determination on compostable bags. Click here for the special notice of determination provided by the State Board of Equalization. For more information on the proposed ordinance or to request a presentation, contact the Department of the Environment at 415.355.3700.
• Payroll Expense Tax Exclusion for Compensation Paid to Individuals with a Felony Conviction
Board of Supervisors File No. 111102 [Business and Tax Regulations Code - Payroll Expense Tax Exclusion for Compensation Paid to Individuals with a Felony Conviction] introduced by Supervisor Ross Mirkarimi was not passed by the Board of Supervisors by a 6-5 vote.
For more information on ALL of the above ordinances, including legislative digests and the text of each ordinance, go to our Legislation for Small Business Commission Review Page. We appreciate your comments.
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Small Business Commission Corner |
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• Next Small Business Commission Meeting (1/9/12, Room 400)
The Small Business Commission will meet on Monday, January 9, at 5:30PM in Room 400. Agendas will be available on the Commission website by the Wednesday prior to the meeting.
• Small Business Commission Recognizes Cliff's Variety Store
On Monday, December 12, 2011, the Small Business Commission was proud to acknowledge the contributions that Cliff’s Variety has made to the vitality of San Francisco. A family owned and operated business, over the past 75 years the company has grown from a library and magazine exchange into the variety and hardware store it is today, supplying products that appeal to persons with all interests. Expanding and moving between four locations over the years, this store has become an icon and fixture in the Castro. Today the store is run by Ernie DeBaca, Martha Asten and their daughter Terry Asten Bennet. The family has always been involved in the Castro neighborhood merchant associations and small business issues. Cliff’s gives back to the community by donating proceeds to Harvey Milk Civil Rights Academy, Aids Emergency Fund, Rainbow Honor Walk, and other very important community interests. The Commission and Office of Small Business wish Cliff’s success for many generations to come.
*Please contact Chris Schulman, Small Business Commission Secretary by email at chris.schulman@sfgov.org, or by phone at 415.554.6408 with questions, comments, or feedback regarding legislations and how they affect your small business.
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RFPs & Contracting Opportunities |
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• NEW! Request for Proposal: Construction Services for Tenant Improvements for Authority Office Space
The San Francisco County Transportation Authority is inviting proposals to this Request for Proposals (RFP 11/12-03) from interested firms for construction services for tenant improvements for its office move. The proposal must respond to the scope of services described in Section III of the RFP. PROPOSALS ARE DUE by Thursday, January 17, 2012 at 2:00 p.m., at the Authority’s Offices. Click here for details.
• Request for Proposal: Rec & Parks seeking a qualified operator to manage the food and beverage concession, gift store, and elevator at Coit Tower
Click here for details.
• Concession Opportunities at San Francisco International Airport
Click here for details.
• SFPUC Contracts and Bids: Various Opportunities with the SF Public Utilities Commission
Click here for details.
• Learn How To Do Business with the City of SF! Free Weekly Workshops Presented by the SF Human Rights Commission
The workshops are FREE and held EACH WEDNESDAY of the month at 1485 Bayshore Blvd, San Francisco, CA 94124. Reservations are not required, but highly recommended. Click here for details.
• City and County of San Francisco Contracting Opportunities
Visit www.sfgov.org/oca and click on Bids and Contracts Database and Required Vendor Forms.
• City and County of San Francisco Surety Bond & Finance Program
For more information, contact: Nancy Owens, Merriwether & Williams Insurance Services, 417 Montgomery Street, Suite 200, San Francisco, CA 94104. Phone: 415 986-3999 www.imwis.com
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Upcoming Events |
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• MON. 1/9 - Small Business Commission Meeting
5:30 PM, City Hall, Room 400. Click here for the Meeting Agenda
• WED. 1/4 - Before You Sign That Lease
The pre-printed lease form looks daunting, and the broker is pressuring you to sign right now – but wait! There are many parts of an office, retail, or other commercial lease that you can and should negotiate with the landlord to increase the odds of success for your business. An experienced business and real estate attorney will help you learn how to make well-informed commercial tenant decisions and prepare for landlord negotiations. This class does not constitute legal advice. Click here to register.
• WED. 1/4 - Free Legal Office Hours
Urban Solutions, Hanson Bridgett and Legal Services for Entrepreneurs present Legal Office Hours for entrepreneurs. Through Legal Office Hours, clients can make an appointment with Urban Solutions for a free 40-minute session with a lawyer from Hanson Bridgett and Legal Services for Entrepreneurs. Call (415) 553-4433 x 101 or email janelle@urbansolutionssf.org with questions or to reserve a spot. Space is limited, reserve your appointment today!
• TUE. 1/10 - Federal/State Basic Payroll Tax Seminar
When: 10:00am-4:00pm
This class guides participants through the basics of that preparation. Subjects include determining independent contractor versus employee, withholding taxes, deposits and completing the proper forms. Presented by the IRS and the California EDD Tax office. Visit: http://www.edd.ca.gov/Payroll_Tax_Seminars/ or Call 866 873-6083.
• WED. 1/11 - SimpleStart – Start-up Basics – Session 1
Jump-start your business idea with SCORE Workshops. Five weekly three-hour workshops cover Concept Evaluation, Business Plans, Marketing, Financial Tools, and Sources of Funding. Presented by SF SCORE. For more information, call 415-744-6827. Fee: Session 1: No Charge - Sessions 2-5 Package: $150.00. One-on-one counseling included. Click here for details.
• TUE. 1/17 - Employee or Independent Contractor Tax Seminar
This seminar will explain how to determine if someone providing services to your company should be treated as an employee or independent contractor for tax purposes. Learn about the independent contractor reporting requirements. Presented by the California EDD Tax Office. Visit: http://www.edd.ca.gov/Payroll_Tax_Seminars/ or Call 866 873-6083.
• WED. 1/25 - Free Legal Help for Small Businesses (Assistance in English and Chinese) 免費小商業法律諮詢服務
Legal assistance in English and Chinese available for any business related matter except litigation and bankruptcy. 4th Wednesday of every month, 5:30 pm to 7:30pm. SF Small Business Development Center, 300 Montgomery Street, Suite 789, San Francisco, CA 94104. For appointments, please contact Lawrence Liu, lliu_sfsbdc@yahoo.com, 415-841-4056 or 650-296-0480.
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Remember to Shop Local in San Francisco!
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Contact Us:
Small Business Assistance Center
City Hall, Room 110
1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102
Monday through Thursday 8AM to 5PM, Friday by Appointment Only.
Phone: 415-554-6134
Website: http://www.sfgov.org/sbac
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