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The application for a junk dealer permit shall set forth the following information:
(a) The proposed place of business and facilities therefor, including whether or not the applicant will engage in welding, use of a propane tank, or cutting torches operated by compressed gasses;
(b) The business name and address of the applicant;
(c) The name, residence address, and business contact information of an individual the applicant has authorized to serve as the point of contact for the application and any junk dealer permit the Chief of Police issues;
(d) If the applicant is a corporation, partnership or other entity, the names and residence addresses of every officer and partner of the applicant, and every person with 10 percent or larger ownership interest in the applicant;
(e) The name, residence address, and business contact information of each proposed authorized agent of the applicant, if any;
(f) For all individuals listed in subsections (b), (c), (d), and (e) above, a list of each conviction of or plea of guilty or no contest to a Covered Crime in the ten years preceding the application, including the nature of the offense and the place and date of the conviction or plea;
(g) A copy of a current and valid business registration certificate that the Office of the Treasurer and Tax Collector has issued to the applicant under Business and Tax Regulations Code Section 853. The name on the business registration certificate must match the name of the applicant on the application for the junk dealer permit;
(h) If the applicant does not own the proposed place of business or facilities to be used in the junk dealer operations, the name, business address, and contact information of the owner, and documentation demonstrating the nature of the applicant's interest in the proposed place of business or facilities; and
(i) Such other information as the Chief of Police deems necessary to investigate the applicant and the applicant's proposed place of business and business operation.
(Added by Ord. 136-75, App. 4/14/75; amended by Ord. 69-05, File No. 050178, App. 4/15/2005; Ord. 2-13
, File No. 120434, App. 1/24/2013, Eff. 2/23/2013)
(Added by Ord. 136-75, App. 4/14/75; repealed by Ord. 2-13
, File No. 120434, App. 1/24/2013, Eff. 2/23/2013)
(Added by Ord. 136-75, App. 4/14/75; repealed by Ord. 2-13
, File No. 120434, App. 1/24/2013, Eff. 2/23/2013)
When an application is filed for a permit pursuant to the provisions of this Article, the Chief of Police shall set a date for said hearing within a reasonable time from the date of the application. The Chief of Police shall cause to have posted on the premises in a conspicuous place a notice of such hearing and the type of business to be conducted therein at least 10 days prior to the hearing. The applicant shall maintain such notice on his premises.
(Added by Ord. 136-75, App. 4/14/75; amended by Ord. 2-13
, File No. 120434, App. 1/24/2013, Eff. 2/23/2013)
The Chief of Police, upon receiving an application to engage in, conduct or carry on the business of junk dealer, may refer the application for review and input from any applicable government agency as determined by the Chief of Police, including but not limited to the Department of Building Inspection, Fire Department, the Department of Public Health and to the City Planning Department. Upon referral from the Chief of Police, City departments shall inspect the premises proposed to be operated as a junk yard by the applicant or conduct any other requested review and shall make written recommendations to the Chief of Police.
(Added by Ord. 136-75, App. 4/14/75; amended by Ord. 2-13
, File No. 120434, App. 1/24/2013, Eff. 2/23/2013)
The Chief of Police shall hear and decide the application within a reasonable time after conducting the hearing. In deciding the application, the Chief of Police may exercise his or her discretion as to whether the permit should be granted or denied. The Chief of Police may take into account the following considerations in determining whether to issue a junk dealer permit:
(a) Whether any proposed premises to be used by the applicant as a junk yard conforms to all applicable laws, including, but not limited to, the Building, Health, Fire, City Planning and Housing Codes of the City and County of San Francisco;
(b) Whether the applicant has appropriate or required permits for welding, use of propane tanks, or cutting torches operated by compressed gasses if the permit holder will use such items in the business;
(c) Whether the applicant, including any officers, partners or shareholders owning 10 percent or larger ownership interest in the applicant, or any proposed authorized agent of the applicant, has been convicted of or pled guilty or no contest to a Covered Crime, or has committed a Covered Crime within the last ten years. A conviction, plea, or commission of a Covered Crime in the ten-year period shall not be an automatic bar to granting the permit. The Chief of Police shall consider criminal history on a case-by-case basis with due consideration given to the following factors:
(1) the nature and gravity of the offense;
(2) the time elapsed since the offense;
(3) age at the time of the offense;
(4) frequency of Covered Crimes;
(5) evidence of rehabilitation; and
(6) any other mitigating circumstances;
(d) Whether the proposed location of the business is a suitable place to carry on the business of junk dealer. In making such finding, the Chief of Police may take into consideration the effect of the issuance of the permit upon the surrounding property and the inhabitants thereof;
(e) Whether the applicant, any officer, partner or shareholders owning 10 percent or larger ownership interest in the applicant, or any proposed authorized agent of the applicant, has had a permit or license revoked or suspended that was issued by the State of California or the City and County of San Francisco or other government agency to engage in a business or profession within the State of California because of a violation of law or because of violation of regulations promulgated by the regulating agency having control or jurisdiction over the license or permit. The Chief of Police shall consider prior suspensions or revocations on a case-by-case basis with due consideration given to the following factors:
(1) the facts underlying the suspension and/or revocation;
(2) the nature and gravity of the underlying violations of law or regulation;
(3) the time elapsed since the suspension or revocation; and
(4) any other mitigating circumstance;
provided that the Chief of Police shall not consider any such revocation if it occurred more than ten years prior to the date of the application;
(f) Whether the applicant, any officer, partner or shareholders owning 10 percent or larger ownership interest in the applicant, or any proposed authorized agent of the applicant, has had civil penalties imposed by a court or other government agency related to the operation of a junk dealer or hazardous materials or the environment within the past ten years prior to the date of application. The Chief of Police shall consider the imposition of civil penalties on a case-by-case basis with due consideration given to the following factors:
(1) the facts underlying the imposition of civil penalties;
(2) the nature and gravity of the underlying violations of law or regulation;
(3) the time elapsed since the imposition of civil penalties; and
(4) any other mitigating circumstance;
(g) Whether the applicant, any officer, partner or shareholders owning 10 percent or larger ownership interest in the applicant, or any proposed authorized agent of the applicant has violated any of the provisions of this Article or conditions placed upon a prior junk dealer permit within the last ten years. The Chief of Police shall consider the violations of this Article or imposed permit conditions on a case-by-case basis with due consideration given to the following factors:
(1) the facts underlying the violations of this Article or imposed permit conditions;
(2) the nature and gravity of the underlying violations of this Article or imposed permit conditions;
(3) the time elapsed since the underlying violations of this Article or imposed permit conditions occurred; and
(4) any other mitigating circumstance;
(h) Whether the applicant, any officer, partner or shareholders owning 10 percent or larger ownership interest in the applicant, or any proposed authorized agent of the applicant, has created, caused, or contributed to the creation or maintenance of a public nuisance in the operation of the junk dealer business;
(i) Whether the application contains intentionally false or misrepresented information, or omits required or material information; and
(j) Whether granting the permit is consistent with the public interest, health, safety and welfare.
The Chief of Police may grant a junk dealer permit while not approving one or more of an applicant's proposed authorized agents. The Chief of Police's denial of a junk dealer permit application or denial of a proposed authorized agent shall be subject to the provisions outlined in San Francisco Business and Tax Regulations Code Section 31.
(Added by Ord. 136-75, App. 4/14/75; amended by Ord. 69-05, File No. 050178, App. 4/15/2005; Ord. 2-13
, File No. 120434, App. 1/24/2013, Eff. 2/23/2013)
(Added by Ord. 69-05, File No. 050178, App. 4/15/2005; repealed by Ord. 2-13
, File No. 120434, App. 1/24/2013, Eff. 2/23/2013)
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