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"Any article of food or any article which may be used for food by human beings or by animals, or any chemical or other substance which may be added to food or to foodstuffs, alcoholic beverages, or any drug or compounded drugs, medicines, toilet articles, cosmetics, lotions, liniments or similar articles, or any commodity, powder, liquid or solid compound or mixture used or to be used in and about any home, household, hotel, apartment house, or dwelling for cleaning, disinfecting or deodorizing purposes, including insecticides and similar articles, or tobacco or tobacco products, when the packages, cans, cartons or other containers in which the individual containers of said articles are packed for shipment or sale are damaged, torn, broken, swollen, wet, burned or rusted, or where the individual containers of said articles are damaged, torn, broken, swollen, wet, burned or rusted, or where the labels on the individual containers of any such articles are defaced so that the name of the manufacturer or packer originally appearing on said label cannot be ascertained, such damage or distress of merchandise being caused by reason of shipment of same by rail, plane, motor transport or ship, or by smoke, fire or water."
A "dealer" in salvaged goods and merchandise is hereby defined to be a person who, either exclusively or in connection with any other business, buys, sells, distributes or deals in salvaged goods and merchandise, and/or who labels or relabels, bulks from smaller packages, packages from bulk, or in any manner reconditions salvaged goods or merchandise; provided, however, that persons merely selling salvaged goods or merchandise to salvage "dealers" as well as those who purchase from salvage "dealers" salvaged goods or merchandise which has been inspected and is in compliance with all rules and regulations pertaining to labeling, re-labeling, bulking and reconditioning, and sell same directly to the retail trade, shall not be considered "dealers" in salvaged goods and merchandise.
A "licensed dealer" is a "dealer" who holds a current and valid dealer's permit from the Directors of Public Health.
No person shall engage in the business of selling or distributing salvaged goods or merchandise, as defined in Section 706 of this Article, in the City and County of San Francisco, nor shall any person sell or distribute, or offer for sale or distribution, any salvaged goods or merchandise in said City and County without first obtaining a permit to do so from the Director of Public Health.
(a) Applications. Applications for such permits shall be upon blanks provided by the Department of Public Health and shall state the name of the person applying for same, the general character of salvaged goods or merchandise which will be dealt in, sold or distributed, and the place where said business is to be carried on, and if said applicant is not regularly engaged in the business of dealing in salvaged goods and merchandise, then the place where the sale or distribution of said salvaged goods and merchandise shall take place, as well as the place where the said salvaged goods and merchandise are stored and the general character thereof. Nothing contained in this Section or in Sections 706, 708 and 709 of this Article shall prevent a person who is not a salvage "dealer" as defined in Section 706 of this Article and who is the owner or custodian of any salvaged goods or merchandise from selling or distributing the same if said salvaged goods or merchandise are inspected by the Department of Public Health and a permit for the sale and distribution thereof is issued by said Department; the cost of said inspection to be paid for by the person requesting said permit before the same is issued at the rate of $7.50 per hour.
The permit provided in Section 707 shall set forth the commercial uses permitted and shall be valid until suspended or revoked. Said permit shall not be transferable and shall be deemed revoked upon sale, transfer or assignment of the commercial use for which the permit was issued.
A permit may at any time be suspended or revoked for cause after a hearing by the Department of Public Health. Upon suspension or revocation the premises for which the permit was issued shall be posted with the order of the Department.
(b) Investigation of Applicants. The Director of Public Health, before issuing any permit to any person to engage in the business of selling or distributing salvaged goods or merchandise, shall make an investigation of the character of the applicant, his methods of storing, handling and receiving said salvaged goods and merchandise, and shall exercise his sound discretion in granting or refusing to grant said permit, and if said permit is requested by a person not regularly engaged in the business of dealing in salvaged goods or merchandise, the said Director of Public Health shall investigate the condition of said salvaged goods or merchandise to be sold or distributed by said person, and if he finds that said salvaged goods or merchandise are in such condition that the same may be used for the purpose for which they were manufactured or packed, he may issue a permit for the sale and distribution of the same.
Any person not regularly engaged in the business of selling or disposing of salvaged goods or merchandise and who is the owner of, or has under his control any such goods or merchandise may sell or dispose of the same to a licensed "dealer" as defined in Section 706 of this Article, and any person who shall receive salvaged goods or merchandise from any licensed "dealer" or from any person having a permit to sell the same, need not obtain any additional permit for the purpose of selling or distributing the same to the general public; provided, that said salvaged goods or merchandise have been inspected by the Department of Public Health and approved for sale to the public.
(Amended by Ord. 93-68, App. 4/19/68)
(a) Inspection and Cost Thereof. It shall be the duty of the Director of Public Health, through his duly authorized representative, to inspect from time to time all places where salvaged goods and merchandise are sold, kept or distributed, and whenever it shall be found that said salvaged goods and merchandise, or any part thereof are unfit for the purpose for which they were manufactured or packed, or for which they are being offered for sale, to cause the same to be destroyed as constituting a public nuisance, and the cost of such destruction shall be a charge against the person in whose possession said unfit salvaged goods or merchandise may be found and the amount of said cost shall be payable to the Director of Public Health for the City and County upon demand.
(b) Examination of Goods and Payment of Cost Thereof. All inspections made by the Director of Public Health pursuant to the provisions of this Section shall consist in such examination of any salvaged goods and merchandise as will determine their fitness for any of the purposes for which they are sold, offered for sale, or to be sold, and when in the opinion of the Director of Public Health it is necessary to analyze any sample of any salvaged goods or merchandise, said Director of Public Health or his agents may take such article or such portion thereof as may be necessary to determine said fitness, and said determination may be made by laboratory or such other tests as the Director of Public Health shall deem proper. Pending the determination of said tests, the Director of Public Health may prohibit the sale or distribution or removal of any part of said salvaged goods or merchandise which are subject to said examination. The cost of all inspections and examinations shall be paid by the owner or custodian of said salvaged goods or merchandise, and the failure to pay such sum upon demand shall be sufficient ground to revoke said owner's or custodian's permit to deal in such goods and merchandise, and if said owner or custodian be not a licensed "dealer" the Director of Public Health shall not issue a permit for the sale or distribution of said goods or merchandise until the fee covering such inspection, examination or analysis has been paid.
(c) Exception. Salvaged goods and merchandise which have been inspected pursuant to the provisions of Sections 706 to 709, inclusive, of this Article, and approved for sale to the public, or purchased from a licensed "dealer" and, without being labeled or relabeled, bulked, packaged or reconditioned, resold by the purchaser thereof directly to the public, shall not be subject to reinspection, nor shall the purchases of such articles be required to obtain a permit to resell the same except in so far as said goods may be subject to inspection of license to sell the same by any other law or ordinance.
(d) Economic Poisons. Where economic poisons form a part of any salvaged goods or merchandise, such economic poisons shall be disposed of only in accordance with the provisions of Sections 1065 and 1066 of the Agricultural Code of the State of California.
(Amended by Ord. 93-68, App. 4/19/68)
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