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San Francisco Overview
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 22H: DESIGNATION UNDER HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Charter
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 36D: GUN VIOLENCE RESTRAINING ORDERS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
ARTICLE 9.6:
REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
 
Findings and Purpose.
Definitions.
Unlawful Solicitation.
Statement of Registration.
Issuance of Certificate of Registration.
Audits.
Registration of Commercial Fundraisers.
Change in Fact, Policy or Method.
Certificate of Registration and Identification Cards Nontransferable-Return Upon Expiration.
Registration Fee.
Solicitors' Identification Cards and Lists of Solicitors.
Written Receipts Required.
Financial Records.
Public Disclosure.
Exceptions.
Penalties.
Forfeiture.
City Undertaking Limited to Promotion of General Welfare.
Severability.
Preemption.
 
SEC. 660.  FINDINGS AND PURPOSE.
   (a)   The primary purpose of the public streets and sidewalks is for use by vehicular and pedestrian traffic; however, state and federal courts have determined that sidewalks are also traditional public for a for the exchange of ideas and views protected by our Federal and State Constitutions.
   (b)   The sale of goods, products and services with its corresponding inquiry regarding the quality and price of goods, bargaining over that price, and exchange of goods, products and services for consideration, by its nature has created greater problems with regard to the use of the public sidewalk than the traditional solicitation of contributions by charitable organizations. In particular, the unregulated sale of goods, products and services on the public sidewalks by charitable organizations and persons soliciting by sales on behalf of charitable organizations has caused congestion and potential use of force that threatens the safety of pedestrians attempting to use the sidewalks and public transit for their primary purpose. It has also interfered with pedestrian access to private residences, Municipal Railway, cable car and bus zones, and places of business. One of the primary causes of these problems is the sales activities on the public sidewalks of commercial enterprises who represent that part of their profits will go to a charitable organization.
   (c)   Reasonable regulation of sidewalk sales activities is necessary to protect the public safety, health, welfare, as well as the substantial esthetic interest in preserving the beauty, solitude and viewing areas of certain parts of the City. The sales activities of charitable organizations pose esthetic problems different from and greater than those presented by street artists and other sidewalk peddlers. Street artists sell goods of their own making. Thus, street artists offer a variety of goods, and the volume of their merchandise is limited. On the other hand, almost without exception, those selling on behalf of charitable organizations peddle t-shirts and sweatshirts. The presence on the sidewalk of tables piled high with sweatshirts and t-shirts is much more visually offensive than the sale of jewelry and other items sold by street artists and other sidewalk vendors. Indeed, the sales activities of charitable organizations have had the effect of converting many areas of the City into permanent flea markets.
   (d)   The City repeatedly has sought to address the problems created by the sales activities of charitable solicitors by means less restrictive than those set out in this legislation, including restrictions on where charitable sales activities may take place and the type of information that charitable organizations must disclose. These less restrictive measures have failed to alleviate adequately the problems caused by the sales activities of charitable organizations. In particular, the current locational regulations, such as the amount of sidewalk space that must be left for pedestrian passage, the sales of merchandise adjacent to unloading and bus zones, and the space between persons engaged in charitable sales, have proved ineffective to adequately protect public health and safety. These locational restrictions were initially intended to apply to the sale of books, pamphlets and other purely communicative items. Experience has taught that the safety problems created by the sales of sweatshirts and other commercial merchandise by charitable organizations are greater than those caused by other sidewalk vending or that would be caused by the sales of purely communicative items. Sidewalk sweatshirt vending by charitable organizations consistently draws larger crowds of prospective buyers than does sidewalk sales by street artists and other peddlers. Therefore, the safety concerns associated with charitable sales are different from those posed by other vendors. Accordingly, different regulations are needed. In particular, sales activities on the building side of sidewalks, with their attendant crowds, frequently force pedestrians to walk in the street, which endangers those pedestrians.
   (e)   The San Francisco Street Artists Program, established by a mandate of the people of the City and County of San Francisco with the adoption of Proposition L on November 4, 1975, is an essential component of this City's effort to support the work of its resident artisans. Permitting the sale of merchandise in spaces designated as Street Artists spaces by persons other than Street Artists tends to confuse the public regarding the nature of the products sold and adversely affects the credibility of the Street Artists Program.
   (f)   The City and County of San Francisco has a duty to safeguard its citizens from fraudulent solicitors. Like other communities, San Francisco has traditionally been plagued with persons defrauding its citizens by falsely representing that they are soliciting contributions for charitable purposes. The most effective method for protecting citizens from fraudulent solicitors is to require full disclosure to the public of information regarding the operations and purposes of persons soliciting for charitable purposes and to ensure that the information disclosed is truthful.
   (g)   The City also has a duty to preserve the visual quality of its sidewalks, parks and plazas, prevent the obstruction of public viewing areas, and preserve the tranquility and special ambience of areas that have been created to provide members of the public with zones of peace, quiet and solitude. There are areas of the City, such as Twin Peaks and portions of the Fisherman's Wharf area and parks, where the Board finds that sales activities, whether conducted by charitable organizations or for-profit entities, are inconsistent with these esthetic qualities as well as public safety. The Board also finds that because of the unique nature of City parks, the regulation of sales activities in parks is better left to the Recreation and Parks Commission.
   (h)   In adopting these amendments, the Board of Supervisors is aware that a federal appellate court has enjoined the enforcement of Section 660.2(j) of this Article with respect to the sale of items that are inextricably intertwined with a political, ideological, religious or philosophical message. The Board is also aware that the City is pursuing a further appeal of this ruling. The amendments to this Article are in no way intended as a substitute for the City's appeal. Rather, these amendments are intended to reduce somewhat the problems caused by the sales activities of charitable organizations, pending a resolution of the City's appeal.
(Amended by Ord. 106-87, App. 4/3/87; Ord. 289-90, App. 8/1/90)
SEC. 660.1.  DEFINITIONS.
   Whenever used in this Article unless a different meaning clearly appears from the context:
   (a)   "Association" shall mean any unincorporated organization or group of individuals sharing a common purpose or common purposes.
   (b)   "Charitable Organization" shall mean and include any person who, or any nonprofit community organization, fraternal, benevolent, educational, philanthropic, or service organization, or governmental employee organization which, solicits or obtains contributions solicited from the public for charitable purposes of or holds any assets solely for charitable purposes.
   (c)   (1)    "Charitable Purpose" shall mean religious, charitable, scientific, testing for public safety, literary, educational, or for the prevention of cruelty to children or animals, and all other purposes recognized as charitable under common law.
   (c)   (2)    "Charitable Purpose" shall not be construed to include solicitations primarily for the direct benefit of the individual making the solicitation.
   (d)   "Contributions" shall mean and include the words alms, food, clothing, money, subscription or property. "Contributions" shall also mean donations under the guise of a loan of money or property.
   (e)   "Department" shall mean the San Francisco Police Department.
   (f)   "Person" shall mean any individual, partnership, corporation, or association.
   (g)   "Public Sidewalk" shall mean all improved sidewalks owned or under the control of the City and County of San Francisco.
   (h)   "Solicit," "solicitation," and "solicitation for a charitable purpose," shall mean any request, plea, entreaty, demand, or invitation, or attempt thereof, to give money or property, that occurs on the streets, sidewalks, or parks or other property under the control of the City and County of San Francisco in connection with which:
      (1)   Any appeal is made for charitable purposes; or
      (2)   The name of any charity, philanthropic or charitable organization is used or referred to in any such appeal as an inducement for making any such gift; or
      (3)   Any statement is made to the effect that such gift or any part thereof will go to or be used for any charitable purpose or organization.
   (i)   "Sales solicitation for a charitable purpose" shall mean the sale of, offer to sell, or attempt to sell, or the solicitation or receipt of money in exchange in whole or part for, any advertisement, advertising space, book, card, chance, coupon device, magazine subscription, membership, merchandise, ticket or admission or any other thing or service or other consideration, which occurs on the streets, sidewalks, parks or other property under the control of the City and County of San Francisco, in connection with which:
      (1)   Any appeal is made for charitable purposes; or
      (2)   The name of any charity or philanthropic organization is used or referred to in any such appeal as an inducement for making any such sale; or
      (3)   Any statement is made to the effect that the whole or any part of the proceeds from such sale will go to or be used for any charitable purpose or organization.
   (j)   "Agent" shall mean any person authorized by any other person or organization to transact some business, manage some affair, or perform any other act, on behalf of that person or organization.
   (k)   "Commercial fundraiser" shall mean any individual, corporation, or other legal entity who qualifies as a commercial fundraiser for charitable purposes as defined in California Government Code Section 12599(a).
(Amended by Ord. 106-87, App. 4/3/87; Ord. 289-90, App. 8/1/90)
SEC. 660.2.  UNLAWFUL SOLICITATION.
   (a)   No charitable organization may solicit, directly or through an agent or employee, any contribution for any charitable purpose or conduct any sales solicitation for charitable purposes activity on the streets, sidewalks, parks or other property under the control of the City and County of San Francisco unless such charitable organization shall have first obtained a Certificate of Registration from the Chief of Police or his or her designate, as hereinafter provided or has received a receipt from the Department indicating that the organization has filed a Statement of Registration and is authorized to solicit pending issuance by the Department of a Certificate of Registration.
   (b)   No individual, as agent or employee of another, shall solicit contributions for a charitable purpose on the streets, sidewalks, parks or other property under the control of the City and County of San Francisco unless the charitable organization on whose behalf the individual is soliciting has received a Certificate of Registration or has received a receipt from the Department indicating that the organization has filed a Statement of Registration and is authorized to solicit pending issuance by the Department of a Certificate of Registration.
   (c)   No individual shall engage in sales solicitations for a charitable purpose on the streets, sidewalks or other property under the control of the City and County of San Francisco without visibly displaying an identification card issued to that individual by the Chief of Police or his or her designate as hereinafter provided. This provision shall not be enforced with respect to a charitable organization during the period after the organization has obtained a receipt indicating that the organization has filed a Statement of Registration and before the issuance to the organization of a Certificate of Registration.
   (d)   (1)    No individual shall solicit for a charitable purpose or engage in sales solicitation for a charitable purpose on the streets, sidewalks or other property under the control of the City and County of San Francisco, unless, upon request from the person solicited for information about the organization, the solicitor shall provide to the person a card entitled "Solicitation for Charitable Purposes Card." The card shall be of a size to be prescribed by the Chief of Police or his or her designate, signed and dated under penalty of perjury by an individual who is a principal or officer of the charitable organization on whose behalf the solicitation is made.
   The information on the card shall be printed in at least 10-point type and shall include the following:
         (A)   The name and address of the charitable organization on whose behalf the money will be collected.
         (B)   The name of the individual soliciting on behalf of the charitable organization.
         (C)   The number of the Certificate of Registration issued to the organization by the Chief of Police.
         (D)   If there is no charitable organization, the manner in which the money collected will be utilized for charitable purposes.
         (E)   The percentage of the purchase price that will be used for charitable purposes.
         (F)   If the solicitation is not a sales solicitation, the card may state, in place of the amount of fund raising expenses, that an audited financial statement of such expenses may be obtained by contacting the organization at the address disclosed.
         (G)   Whether the charitable organization on whose behalf the solicitation is made is tax exempt under state and federal law.
         (H)   The percentage of the total gift or purchase price which may be deducted as a charitable contribution under both federal and state law. If no portion is so deductible the card shall state that "This contribution is not tax deductible."
         (I)   If the charitable organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term, "officer," "peace officer," "police," "law enforcement," "reserve officer," "deputy," or "deputy sheriff," which would reasonably be understood to imply that the organization is composed of law enforcement personnel, the solicitor shall give the total number of members in the organization and the number of members working or living within the county where the solicitation is being made, and if the solicitation is for advertising, the statewide circulation of the publication in which the solicited ad will appear.
   (d)   (2)    No individual shall engage in sales solicitation for a charitable purpose by means of selling goods, products or services from a stationary display on the streets or sidewalks or other places held open to the public unless, in addition to the requirements of Subsection (d)(1), the individual displays a sign which shall contain the name and address of the person on whose behalf the charitable solicitation is being made, and the fact that more information about the charitable organization is available upon request. This sign also shall state that a receipt must be provided to the person solicited for any sales transaction of $5 or more and that for sales transactions of less than $5, a receipt will be provided upon request. The sign shall be two feet by two feet square and shall be printed in black 36 point bold face print on a white background.
   (d)   (3)    A volunteer who receives no compensation of any type from, or in connection with, a solicitation for a charitable organization which has qualified for a tax exemption under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, and who is 15 years of age or younger, is not required to make any disclosures pursuant to this Section.
   (d)   (4)    When the solicitation is not a sales solicitation, any individual may comply with the disclosure provisions of Section 660.2(d)(1) by providing in writing the name and address of the charitable organization on behalf of which all or any part of the money collected will be utilized for charitable purposes, the charitable purposes for which the solicitation is made and that the information about revenues and expenses of such organization, including its administration and fundraising costs, may be obtained by contacting the organization's office at the address disclosed. Such organization shall provide such information to the person solicited immediately upon receipt of the request.
   (e)   No person, other than the Chief of Police or his or her designate, may alter an identification card or certificate of registration.
   (f)   No individual shall engage in a sales solicitation for charitable purposes while displaying an identification card issued by the Chief of Police or his or her designate in the name of another individual.
   (g)   No individual shall solicit for charitable purposes or engage in sales solicitations for charitable purposes from any vehicle.
   (h)   No individual shall engage in sales solicitations for charitable purposes by means of selling goods, products, services or merchandise on the public sidewalks:
      (1)   Within five feet of any of the following:
         (a)   A space designated by the Public Works Department of the City and County of San Francisco as a street artist space pursuant to Article 24 of the San Francisco Police Code. For the purposes of this Subsection, the five feet shall be measured from the outer edges of the street artist space in each direction parallel to the building side of the space and thence at a 90-degree angle to the curbside and building side of the sidewalk.
         (b)   A person peddling goods, products or services pursuant to a permit issued under Article 17.3 or Article 13 of the San Francisco Police Code, Article 5 of the San Francisco Public Works Code, or any other provision of the San Francisco Charter or San Francisco Municipal Code.
         (c)   A crosswalk.
         (d)   A fire hydrant.
         (e)   The end of the fire escape.
      (2)   Within eight feet of a person already engaged in sales solicitations pursuant to a Certificate of Registration issued under this article.
      (3)   Within 10 feet from the outer edge of any entrance to any building, including, but not limited to, doors, driveways, emergency exits measured in each direction parallel to the building line and thence at a 90-degree angle to the curb.
      (4)   Within 18 inches of the curb line of a sidewalk or more than 4-1/2 feet from the curb line of a sidewalk.
      (5)   In a space more than four feet long or five feet high. The height of the person or persons conducting the sales solicitation shall not be considered in determining compliance with this subsection.
      (6)   On any sidewalk adjacent to a curb that has been designated pursuant to ordinance or regulation as a bus zone or a white, blue, green, or yellow zone.
      (7)   If, due to such solicitation for sales on a public sidewalk, there remains open for the passage of pedestrians a space of less than eight feet in width, as measured on a line perpendicular to the curb line, from the edge of the solicitor's activities to the edge of the sidewalk or the edge of the building farthest from the edge of those activities. No portion of the area occupied by the solicitor for its activities shall be included in measuring the eight foot space. If there are located on a particular side of a block two or more spaces that meet all other time, place and manner restrictions set out in this Section and leave available for pedestrian passage a space more than eight feet in width, the solicitor shall conduct his or her sales solicitation in that space that leaves available for pedestrian travel the maximum amount of sidewalk width.
      (8)   In any of the following areas:
         (a)   In any "P" district, as defined in Section 234 of the City Planning Code (Part II, Chapter II, San Francisco Municipal Code), located on Twin Peaks.
         (b)   On the sidewalk on the north side of Jefferson Street between Jones and Taylor.
   (i)   No individual shall directly or indirectly solicit contributions for any purpose by misrepresentation of his or her name, occupation, financial condition, exemption status, or residence, and no person shall make or perpetrate any other misstatement, deception, or fraud in connection with any solicitation of any contribution for any purpose in the City and County of San Francisco or in any Statement of Registration or report filed under this Article.
   (j)   No individual shall engage in sales solicitations for charitable purposes by means of selling clothing, jewelry, or any other goods, products, services or merchandise in any area of the City and County of San Francisco unless that person obtains the appropriate peddling permit pursuant to Articles 13, 17.3 or 24 of the San Francisco Police Code. This Section shall not apply to the sale of books, pamphlets, buttons, bumperstickers, posters or any other type of item that has no intrinsic value or purpose other than to communicate a message.
   (k)   Every charitable organization whose employee or agent violates any provision of this Article also shall be deemed to have violated such provision.
   (l)   Every commercial fundraiser whose employee or agent violates any provision of this Article also shall be deemed to have violated such provision.
   (m)   Sales solicitations for charitable purposes occurring on property under the jurisdiction of the Recreation and Parks Department shall be regulated by the San Francisco Park Code and written rules and regulations promulgated by the San Francisco Recreation and Parks Commission.
(Amended by Ord. 106-87, App. 4/3/87; Ord. 289-90, App. 8/1/90)
SEC. 660.3.  STATEMENT OF REGISTRATION.
   All charitable organizations desiring to solicit funds for charitable purposes in the City and County of San Francisco shall file with the Chief of Police or his or her designate a written Statement of Registration, which Statement shall contain complete information as follows:
   (a)   The name of the charitable organization registering to solicit funds for charitable purposes.
   (b)   The purpose of the solicitation and use of the contribution to be solicited.
   (c)   Whether the charitable organization registering is an individual, partnership, corporation or association, and
      (1)   If a natural person, the person's business or residence address and telephone number.
      (2)   If a partnership, the name of all the partners and principal business address and telephone number of each partner.
      (3)   If a corporation, whether it is organized under the laws of California or is a foreign corporation, the mailing address, business location, and telephone number, name of the individual in charge of the San Francisco office of the corporation, and the names of all officers and directors or trustees of said corporation, and if a foreign corporation, the place of incorporation.
      (4)   If an association, the association's principal business address and telephone number, if any, and the names and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association. If the association is part of a multi-state organization or association, the mailing address and business location of its central office and the mailing address and business location of its local office.
   (d)   A description of the methods and means by which the solicitation of funds is to be accomplished, including whether solicitations will be accomplished by the sale of any item.
   (e)   A financial statement, on a form provided by the San Francisco Police Department, setting forth all of the following information:
      (1)   The total revenue, contributions and similar amounts solicited or generated by sales activities by such charitable organization or association or their agents or commercial fundraisers within the City and County of San Francisco within the 180-day period immediately preceding the filing of such Statement of Registration;
      (2)   The gross total sales by such charitable organization or association within the City and County of San Francisco within the 180-day period immediately preceding the filing of such Statement of Registration;
      (3)   The total amount of expenditures by such charitable organization or association within the City and County of San Francisco within the 180-day period immediately preceding the filing of such Statement of Registration;
      (4)   The total cost of goods sold by or on behalf of such charitable organization or association within the City and County of San Francisco within the 180-day period immediately preceding the filing of such Statement of Registration;
      (5)   The names and business addresses of all persons or associations, including commercial fundraising, receiving compensation or emoluments from such revenue, contributions and similar amounts solicited or generated by sales activities in the City and County of San Francisco, and the respective amounts thereof;
      (6)   A detailed accounting of the allocations made to achieve the purposes of the charitable organization within the 180-day period immediately preceding the filing of such Statement of Registration.
   (f)   If the charitable organization is a corporation, partnership, or association, a copy of the resolution or other document issued in compliance with the bylaws or internal rules of any organization authorizing such solicitation and authorizing a particular individual to apply for the Certificate of Registration certified to as a true and correct copy of the original of such resolution by the officer of such association having charge of the records thereof.
   (g)   A statement that the signers of such Statement of Registration have read and are familiar with the provisions of this Article and will require all persons authorized to engage in such solicitation to read and be familiar with all sections of this Article prior to making any such solicitation.
   (h)   A projected schedule for the next 180-day period of salaries, fees, commissions, expenses and costs to be expended and paid in connection with the solicitation of funds or in connection with their disbursement, an estimated percentage of the total projected collections which the costs of solicitation will comprise and what portion of the contributions collected as a result of the solicitation will remain available for application to the specific purposes declared in the Statement of Registration.
   (i)   The names, business mailing addresses and telephone numbers of all individuals who will be in direct charge or control of the solicitation and disbursement of funds, and the name of any commercial fundraiser employed or utilized by the charitable organization during the immediately preceding reporting period.
   (j)   A statement to the effect that if a Certificate of Registration is granted, such Certificate will not be used as or represented to be an endorsement by the City or any of its officers or employees.
   (k)   The names of any officer, director, trustee, partner, or any current agent or employee engaging in the solicitation of funds who has been convicted of any felony within the past seven years, the nature of the offense, the state where the conviction occurred, and the year of the conviction.
   (l)   Whether the applicant has received tax exempt status from either the State of California or the United States, or both, and a copy of its current tax exempt determination letter, if any.
   (m)   If the charitable organization is a corporation, partnership, or association, the Statement of Registration must be signed by the person authorized to apply for the Certificate of Registration by the resolution required in Section 660.3 (g) and, under penalty of perjury, declared to contain true and correct information. If the charitable organization is an individual, the Statement of Registration must be signed by that individual and, under penalty of perjury, declared to contain true and correct information.
   (n)   The name of an agent of the organization for service of process.
(Amended by Ord. 106-87, App. 4/3/87; Ord. 289-90, App. 8/1/90)
SEC. 660.4.  ISSUANCE OF CERTIFICATE OF REGISTRATION.
   (a)   Upon the filing by a charitable organization of a Statement of Registration and the payment of the fee required by Section 660.7, including any fine or penalty assessed against the organization for violation of this Article that has been outstanding for more than 60 days, the Chief of Police or his or her designate shall issue to the organization a receipt that indicates that the organization has filed a Statement of Registration and authorizes the organization to solicit contributions for charitable purposes pending the issuance of the Certificate of Registration.
   (b)   The Chief of Police or his or her designate shall, after a review of the Statement of Registration to determine its compliance with Section 660.3 above, and within 10 working days of the receipt of the Statement of Registration, either issue a Certificate of Registration or notify the person registering that the Statement of Registration does not comply with the requirements of Section 660.3 above and specifying what information has not been furnished. Upon receipt of that additional information, the Chief of Police or his or her designate shall, within five working days of the receipt of the revised Statement, issue a Certificate of Registration. Any charitable organization that has received a receipt authorizing the organization to solicit contributions in the City and County of San Francisco and that fails to provide the additional information sought by the Chief shall be in violation of this Article. Certificates of Registration shall be valid for 180 days after issuance.
   (c)   Any charitable organization that has obtained a Certificate of Registration prior to the most recent amendment of this Article shall obtain a Certificate of Registration under the amended provisions of this Article within 30 days of the effective date of the such amended provisions.
(Amended by Ord. 106-87, App. 4/3/87; Ord. 289-90, App. 8/1/90)
SEC. 660.4-1.  AUDITS.
   (a)   At the request of the Police Department, the Controller of the City and County of San Francisco shall audit for accuracy and completeness any identified financial statements submitted by a charitable organization under Section 660.3(e) of this Code, provided that charitable organizations whose financial statements indicate that the organization received less than $1,000.00 in contributions from solicitations and sales solicitations in the immediately preceding reporting period shall not be subject to such audits. When audits are performed, the Controller shall prepare reports which shall be sent to the San Francisco District Attorney and California Attorney General. The reports of the Controller shall be public documents and shall contain the Controller's findings with respect to the accuracy and completeness of each statement reviewed. The audit should be conducted with maximum efficiency in a cost-effective manner and should be as unobtrusive as possible consistent with the foregoing purposes of the audit. No employee or agent of the Controller shall divulge or make known any record or information received pursuant to this section except in furtherance of the purposes of this section.
   (b)   It shall be the duty of each charitable organization to keep such detailed accounts and records as shall be reasonably necessary for the Controller to conduct the audits required by this section.
(Added by Ord. 289-90, App. 8/1/90; Ord. 56-07, File No. 070090, App. 3/23/2007)
SEC. 660.4-2.  REGISTRATION OF COMMERCIAL FUNDRAISERS.
   Prior to soliciting contributions on behalf of a charitable organization, a commercial fundraiser shall register with the Department by filing with the Department a copy of the commercial fundraiser's most recent registration form and annual financial report filed with the California Attorney General's Registry of Charitable Trusts pursuant to California Government Code Sections 12599(b) and 12599(c).
(Added by Ord. 289-90, App. 8/1/90)
SEC. 660.5.  CHANGE IN FACT, POLICY OR METHOD.
   If, while any Statement of Registration is pending, or during the term of any Certificate of Registration granted thereon, there is any change in fact, policy, or method that would materially alter the information given in the Statement of Registration, the registrant shall notify the Chief of Police or his or her designate in writing thereof within 48 hours after such change. Such notice shall specifically indicate what section of the Statement of Registration is affected by the change, in what manner the information in that section has been changed, and include the fee for amendments to Statements of Registration set by the Police Commission.
(Amended by Ord. 106-87, App. 4/3/87)
SEC. 660.6.  CERTIFICATE OF REGISTRATION AND IDENTIFICATION CARDS NONTRANSFERABLE-RETURN UPON EXPIRATION.
   No person may transfer a Certificate of Registration or identification card issued under this Article. Certificate of Registration and identification cards issued under this Article shall be returned to the Chief of Police or his or her designate within five days of its date of expiration.
(Amended by Ord. 106-87, App. 4/3/87; Ord. 53-89, App. 3/1/89)
SEC. 660.7.  REGISTRATION FEE.
   The Police Commission shall, within 180 days of the effective date of this Article as amended, set the fees for registration and amendments to Statements and Certificates of Registration, and additional identification cards, required under this Article. These fees shall be based on the costs of issuing and amending the Certificates of Registration and identification cards and conducting the lottery provided for in this Article. The Chief of Police or his or her designate shall waive these fees if the registrant files with the Chief of Police an affidavit signed under penalty of perjury declaring the registrant's inability to pay the fees would prevent the registrant from soliciting contributions for a charitable purpose. Pending determination of these fees by the Police Commission, every Statement of Registration shall be accompanied by a registration fee of $30 for solicitation of $50 for sales solicitations to defray the costs incurred by the City and County of San Francisco in administering the provisions of this Article. Fees collected under this Section shall be used exclusively for administering the provisions of this Article.
(Amended by Ord. 106-87, App. 4/3/87)
SEC. 660.8.  SOLICITORS' IDENTIFICATION CARDS AND LISTS OF SOLICITORS.
   Consistent with the standards and purposes of this Article, the Chief of Police or his or her designate shall create identification cards for persons engaged in sales solicitations for charitable purposes. Each such identification card shall be laminated and shall bear the name and residence or business address of the charitable organization registering, a recent photograph of the solicitor; to be supplied by the charitable organization registering and to be of a size prescribed by the Chief of Police or his or her designate, the registration number, the name and signature of the solicitor or agent, the expiration date of the Certificate of Registration, and it shall have printed prominently thereon in red: "This identification card is not an endorsement of the solicitation by the City and County of San Francisco or any of its officers or employees." The name of the organization, photograph of the individual and statement of nonendorsement shall appear on the front of the card with the remaining information appearing on the back of the card. This card shall be prepared and laminated by the Chief of Police or his or her designate or, at the election of the charitable organization, by the charitable organization on pre-numbered cards supplied by the Department.
   The Chief of Police or his or her designate shall issue up to five identification cards with the Certificate of Registration without any additional charge. The registrant may obtain additional identification cards by paying to the City its actual cost as established by resolution of the Police Commission.
   With respect to sales solicitations, the charitable organization registering shall maintain on its premises or the premises of a designated agent of the organization or, in the alternative, shall provide to the Department, a list of the names, addresses, identification card number, and dates of birth of all agents and employees to whom identification cards are issued. With respect to nonsales solicitations, the charitable organization registering shall maintain on its premises or the premises of a designated agent of the organization or, in the alternative, shall provide to the Department, a list of the names of all agents and employees authorized to solicit on behalf of the organization. Where lists required under this Section are maintained on the premises of the charitable organization, the charitable organization shall make such lists available to members of the Department upon request.
(Amended by Ord. 106-87, App. 4/3/87)
SEC. 660.9.  WRITTEN RECEIPTS REQUIRED.
   Any person receiving money or anything having a value of $5 or more from any contributor under a solicitation or sales solicitation for a charitable purpose made pursuant to a Certificate of Registration granted under this Article, or any person receiving money or anything having a value of less than $5 from any contributor under a solicitation or sales solicitation for charitable purposes made pursuant to a Certificate of Registration granted under this Article when the contributor so requests, shall give to the contributor at the time the contribution is received a written sequentially numbered receipt signed by the solicitor showing plainly the name and Certificate of Registration number of the charitable organization for which the solicitation is conducted, the Internal Revenue Service and California Franchise Tax Board tax exempt identification numbers, if any, the date and the amount received, and whether the contribution, or what part thereof, is tax deductible; provided, however, that where a solicitation is made and a donation is received for a ticket of admission to an event held specifically to raise money or any other thing of value for charitable purposes, such ticket, when retained by the contributor, shall constitute a valid receipt if it contains the name and Certificate of Registration number, the person from whom the solicitation is conducted, the date and location of the event, and the amount received. This Section shall not apply to any contributions collected by means of a sealed or locked box or receptacle which shall have permanently imprinted on it the name of the Certificate of Registration holder used in solicitation with the written approval of the Chief of Police or his or her designate, where it is impractical to determine the amount of such contributions.
(Amended by Ord. 106-87, App. 4/3/87)
SEC. 660.11.  FINANCIAL RECORDS.
   The financial records of a charitable organization on whose behalf soliciting for charitable purposes is conducted shall be maintained on the basis of generally accepted accounting principles as defined by the American Institute of Certified Public Accountants and the Financial Accounting Standards Board. The disclosure requirements of Subsection (f) of Section 660.3 shall be based on the same accounting principles used to maintain the soliciting charitable organization's financial records.
(Amended by Ord. 106-87, App. 4/3/87)
SEC. 660.12.  PUBLIC DISCLOSURE.
   All registration and financial record statements filed with the Chief of Police or his or her designate shall be a public record and shall be available for inspection by members of the public during regular business hours and copies may be obtained at a charge to be determined by the Chief of Police or his or her designate.
(Amended by Ord. 106-87, App. 4/3/87)
SEC. 660.13.  EXCEPTIONS.
   (a)   The provisions of this Article shall not apply to:
      (1)   Any recruiting for volunteer services;
      (2)   Any solicitation made in the name of a person who has died, if the solicitation is made by members of the family of the person or the legal guardian of the deceased person;
      (3)   Any solicitation made by or on behalf of a nonprofit organization to or amount persons who are members thereof at the time of such solicitation, or a solicitation or solicitations made in the form of collections or contributions at regular assemblies or services of any such organization;
      (4)   Any solicitation made by an employer to his employees, by an employee to his employer, or by an employee to other members of the same employee group where a common employer exists;
      (5)   Any solicitation made upon premises owned or occupied by the person on whose behalf such solicitation is made;
      (6)   Any solicitation in an area subject to a street closure approved by the San Francisco Board of Supervisors of the City and County of San Francisco approved pursuant to San Francisco Administration Code Section 2.70 for street fairs or other public gatherings.
   (b)   Persons making solicitations on behalf of any political group or political organization that is subject to financial disclosure under state or federal law are not subject to the registration or financial disclosure provisions of this Article.
   (c)   The provisions of this ordinance pertaining to the sales activities of charitable organizations shall not apply to transactions where both (i) the item offered for sale is not sold from tables or other fixed locations and (ii) the item sold is only of token value or the item is sold by a volunteer under fourteen years of age and the sales price of the item is less than three dollars.
(Amended by Ord. 106-87, App. 4/3/87)
SEC. 660.14.  PENALTIES.
   (a)   Any person violating any provision of this Article shall be guilty of a misdemeanor or an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction, which decision shall be that of the District Attorney. If charged as an infraction, upon conviction, the violator shall be punished by a fine of not less than $125 or more than $250 for each provision violated. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine of not less than $500 or more than $600 for each provision violated or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. In any accusatory pleading charging a violation of this Article, if the defendant has been previously convicted of a violation of this Article, each such previous violation and conviction shall be charged in the accusatory pleading. Any person violating any provision of this Article a second time within a 30-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $650 and not more than $750 for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Any person violating any provision of this Article a third time, and each subsequent time, within a 30-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $750 and not more than $1,000 for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.
   (b)   Any person who violates or proposes to violate any of the provisions of this Article may be enjoined by any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any charitable organization or person of any practices which violate this Article, or which may be necessary to restore to any person any money or property, real or personal, which may have been required by means of any practice in this Article declared to be unlawful.
   Actions for injunction under this Section may be prosecuted by the Attorney General, the District Attorney, or City Attorney upon their own complaint or upon the complaint of any board, officer, person or by any person or charitable organization acting for the interests of itself, its members or the general public. In its discretion, the court may allow the party bringing the action reasonable costs, including attorney's fees.
   (c)   Any person who intentionally violates any injunction issued pursuant to this Section shall be liable for a civil penalty not to exceed $6,000 for each violation. Where the conduct constituting a violation is of a continuing nature, each day of such conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant.
   (d)   If any action for violation of Subsection (c) is brought by the Attorney General, one-half of the penalty collected pursuant to this Section shall be paid to the Treasurer of the City and County of San Francisco, and one-half to the State Treasurer for deposit in the General Fund. If brought by the District Attorney, one-half of the penalty collected pursuant to this Section shall be paid to the Treasurer of the City and County of San Francisco for deposit in a special fund of the District Attorney to be created for the deposit and expenditure of such funds, and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund. If brought by the City Attorney, one-half of the penalty collected pursuant to this Section shall be paid to the Treasurer of the City and County of San Francisco for deposit in a special fund of the City Attorney to be created for the deposit and expenditure of such funds, and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund. If brought by a private party, one-half of the penalty collected pursuant to this Section shall be paid to such the party and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund.
   (e)   Any person who violates any provision of this Article shall be liable for a civil penalty not to exceed $2,500 for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the Attorney General, the District Attorney, or the City Attorney in any court of competent jurisdiction, upon their own complaint or upon the complaint of any board, officer, person or by any person or charitable organization acting for the interests of itself, its members or the general public. In its discretion, the court may allow the party bringing the action reasonable costs, including attorney's fees.
   (f)   If any action for violation of Subsection (e) is brought by the Attorney General, one-half of the penalty collected shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund and one-half to the State Treasurer. If brought by the District Attorney, one-half of the penalty collected pursuant to this Section shall be paid to the Treasurer of the City and County of San Francisco for deposit in a special fund of the District Attorney to be created for the deposit and expenditure of such funds, and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund. If brought by the City Attorney, one-half of the penalty collected pursuant to this section shall be paid to the Treasurer of the City and County of San Francisco for deposit in a special fund of the City Attorney to be created for the deposit and expenditure of such funds, and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund. If brought by a private party, one-half of the penalty collected pursuant to this Section shall be paid to such the party and one-half shall be paid to the Treasurer of the City and County of San Francisco for deposit in the General Fund.
   (g)   Any person who intentionally or negligently violates any of the reporting requirements of this Article shall be liable in a civil action brought by any person otherwise authorized to file an action under this Article for an amount of three times the amount not properly reported if the violation was intentional or the amount not properly reported if the violation was negligent.
   (h)   The remedies provided for in this Section are cumulative to each other and to the remedies or penalties available under all other laws of the City and County of San Francisco and the State of California.
   (i)   If two or more persons are responsible for any violation of this Article, they shall be jointly and severably liable.
(Amended by Ord. 106-87, App. 4/3/87; Ord. 53-89, App. 3/1/89; Ord. 289-90, App. 8/1/90)
SEC. 660.14-1.  FORFEITURE.
   (a)   Any item of merchandise sold or offered for sale in violation of Section 660.2(j) of this Article which is in the possession of the City and County of San Francisco is subject to forfeiture pursuant to this section, provided that so long as the injunction imposed by the United States Court of Appeals for the Ninth Circuit in Case Number 88-1904 remains in effect, this section shall not apply to goods the sale of which is inextricably intertwined with a statement carrying a religious, political, philosophical or ideological message.
   (b)   An action to forfeit matter described in Subdivision (a) may be brought by the District Attorney or the City Attorney. Proceedings shall be initiated by a petition of forfeiture filed in the Superior Court.
   (c)   The prosecuting agency shall make service of process of a notice regarding that petition upon every individual who may have a property interest in the property, which notice shall state that any interested party may file a verified claim with the Superior Court stating the amount of their claimed interest and an affirmation or denial of the prosecuting agency's allegation. If the notices cannot be given by registered mail or personal delivery, the notice shall be published for at least three successive weeks in a newspaper of general circulation in the county where the property is located. All notices shall set forth the time within which a claim of interest in the goods seized is required to be filed.
   (d)   (1)    Any person claiming an interest in the property or proceeds may, at any time within 30 days from the date of the first publication of the notice of seizure, or within 30 days after receipt of actual notice, file with the Superior Court a verified claim stating his or her interest in the property. A verified copy of the claim shall be given by the claimant to the District Attorney or City Attorney, as appropriate.
      (2)   If, at the end of the time set forth in paragraph (1), an interested person has not filed a claim, the court, upon motion, shall declare that the person has defaulted upon his or her alleged interest, and it shall be subject to forfeiture upon proof of compliance with Subdivision (c). All goods forfeited under this section shall be donated to charitable organizations having tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code for the purpose of having those goods distributed to those in need free of charge.
   (e)   The burden shall be on the petitioner to prove beyond a reasonable doubt that matter is subject to forfeiture pursuant to this section.
   (f)   It shall not be necessary to seek or obtain a criminal conviction prior to the entry of an order for the forfeiture of property pursuant to this section. Any property described in Subdivision (a) which is in the possession of the City and County obtained as the result of a case in which no trial was had or which has been disposed of by way of dismissal or otherwise than by way of conviction may be ordered forfeited.
(Added by Ord. 289-90, App. 8/1/90)
SEC. 660.15.  CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE.
   In undertaking the adoption and enforcement of this ordinance, the City and County is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Amended by Ord. 106-87, App. 4/3/87)
SEC. 660.16.  SEVERABILITY.
   If any part of the ordinance, or the application thereof, to any person, charitable organization or circumstance is held invalid by the final judgment of a court of competent jurisdiction, the remainder of this ordinance, including the application of such part or provision to other persons, charitable organizations or circumstances, shall not be affected thereby, and this ordinance shall otherwise continue in full force and effect and shall otherwise be fully operative. To this end, the provisions of this ordinance, and each of them, are hereby declared to be severable.
(Amended by Ord. 106-87, App. 4/3/87)
SEC. 660.17.  PREEMPTION.
   In adopting this Article, the Board of Supervisors recognizes that it may not preempt or supersede, nor does it intend to preempt or supersede, any state law or regulation related to the use of public sidewalks, including those related to obstruction of public sidewalks. Further, in adopting this legislation, the Board of Supervisors does not intent to repeal or amend any ordinance or regulation related to the use of the public sidewalks, including, but not limited to, Police Code Sections 22 through 24, exclusive, related to the obstruction of public sidewalks.
(Amended by Ord. 106-87, App. 4/3/87)