SEC. 974.9. REFERRAL OF APPLICATIONS TO OTHER DEPARTMENTS.

   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)

SEC. 974.10-1. ISSUANCE OF JUNK DEALERS PERMIT.

   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)

SEC. 974.10-2. REPEALED.

(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)

SEC. 974.11. SUSPENSION OR REVOCATION OF PERMIT.

   The Chief of Police may suspend or revoke any permit issued to a junk dealer and may withdraw approval to one or more authorized agents of a permittee after a hearing for cause.

   (a)   Cause may include:

      (1)   Violations of any of the provisions of this Article or conditions placed upon the permit, or any rules and regulations issued by the Chief of Police under Section 974.2(f), including violations by any authorized agent, where the permit holder knew or should have known of the violation;

      (2)   Refusal to permit periodic and other inspections as provided for by Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code;

      (3)   Violations of Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code relating to the operations of a junk dealer;

      (4)   The premises are in violation of the San Francisco Municipal Code, including but not limited to the Building, Health, Fire, City Planning, and/or Police Codes;

      (5)   Failure to maintain records and documentation as required by Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code;

      (6)   Use of welding equipment, propane tanks, or cutting torches operated by compressed gasses without valid permits;

      (7)   The permittee, or any authorized agent of the permittee, has created, caused, or contributed to the creation or maintenance of a public nuisance in the operation of the junk dealer business; and

      (8)   The permittee, or any authorized agent of the permittee, has operated the junk dealer business or junk yard in a manner contrary to the public interest, health, safety or welfare.

   (b)   The standard of proof at the hearing shall be preponderance of the evidence.

   (c)   The Chief of Police's decision to suspend or revoke a junk dealer permit or to withdraw approval for an authorized agent of a permittee shall be subject to the provisions outlined in San Francisco Business and Tax Regulations Code Section 31.

   (d)   Notwithstanding Section 8(i)(5) of the Business and Tax Regulations Code, the filing of an appeal with the Board of Appeals from a decision of the Chief of Police to suspend or revoke a junk dealer permit or to withdraw approval for an authorized agent of a permittee shall not effect a suspension of the Chief of Police's action.

(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)

SEC. 974.12. NAME AND PLACE OF BUSINESS – CHANGE OF LOCATION.

   No person granted a permit pursuant to the provisions of this Article shall operate under another name or in any location not specified on the permit.

(Added by Ord. 136-75, App. 4/14/75; amended by Ord. 69-05, File No. 050178, App. 4/15/2005)

SEC. 974.13. TRANSFER OF PERMIT.

   No permit issued pursuant to the provisions of this Article shall be transferred to any other person or to any other location without the written consent of the Chief of Police, provided, however, that upon the death or incapacity of the permittee the junk yard may continue for a reasonable period of time to allow for an orderly transfer of the permit.

(Added by Ord. 136-75, App. 4/14/75)

SEC. 974.14-1. OPERATION OF A JUNK DEALER.

   Every junk dealer shall:

   (a)   Comply with all state and municipal laws regarding junk dealers including this Article and Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code;

   (b)   Post the permit in a conspicuous place at the junk yard or at the junk dealer's place of business;

   (c)   Maintain the sidewalks, driveways and other areas adjacent to the premises clear of obstacles, trash and debris; and

   (d)   Take reasonable steps to ensure that its customers do not loiter in the areas adjacent to or near the premises.

(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)