It shall be the duty of any police officer of the City to require any person he sees receiving any advance payment upon any transaction described in this chapter, in the city who is not known by such officer, to have such permit or to be exempt from the provisions of this chapter, to exhibit to such officer a valid permit required by this chapter or proof of such exemption.
Any police officer shall arrest, and charge with a violation of Section 3.40.010 of this code, any person who accepts an advance payment upon any transaction described in this chapter, in the city in the presence of such officer without having, or exhibiting to such officer upon his request therefor, a permit issued pursuant to this chapter and which has not been revoked, authorizing such person to accept such advance payment in the city, or proof of exemption therefrom.
If an investigation by a police officer of the City shall disclose that a person has accepted an advance payment upon any transaction described in this chapter, in the city, not in the presence of such officer, without a permit for him to do so as required by this chapter, such police officer shall proceed by a criminal complaint to charge such person with such violation and carry such charge to a final disposition by the court.
All arrests under this chapter shall be made pursuant to Chapter 5, Title 3, Part 2 (commencing with Section 833) of the Penal Code of California so that the person arrested shall be eligible for release as provided by said code, and if released upon a citation, as authorized by Section 853.6 of said code, the arresting officer shall comply with Section 853.6 and 853.8 of said code, so that the person arrested shall be subject to the provisions thereof and of Section 853.7 of said code. (Ord. 1845 § 2 (part), 1972).