(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)