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For purposes of this Article 55, the following definitions apply:
“Brick-and-Mortar Business” means any place of business operating at a fixed, permanent physical premises. Brick-and-Mortar Business does not include any business not operating at a physical premises in San Francisco (one example being a business operating in the City exclusively via the Internet without any physical premises in the City), or any business operating from a vehicle or other mobile space (one example being a food truck), or any business operating from a temporary physical premises (one example being a pop-up).
“Cash” means United States currency, in the form of both paper Federal Reserve Notes and metal coins. Cash does not include currency issued under the authority of any country other than the United States; any paper instrument other than a Federal Reserve Note (including, but not limited to, any check, bond, or promissory note); or any metal coin (including, but not limited to, any gold or silver coin) that is not legal tender in the United States.
“City” means the City and County of San Francisco.
“Professional Services” means services that require extended analysis, the exercise of discretion and independent judgment in their performance, and/or the application of an advanced, specialized type of knowledge, expertise, or training customarily acquired either by a prolonged course of study or equivalent experience in the field. Examples of Professional Services include, but are not limited to, services provided by accountants; architects; attorneys; engineers; financial advisers; insurance agents; interior designers; management and other consultants; and software developers. Notwithstanding the previous sentence, Professional Services does not include services provided by licensed medical and allied health care professionals, such as, but not limited to, doctors, dentists, and nurses. But licensure by the State or City does not in itself mean that an individual provides Professional Services; for example, a cosmetologist is not considered to provide Professional Services as defined. Trade or craft work, such as, but not limited to, shoe repair, tailoring of clothes, and dry cleaning, are not considered Professional Services for purposes of this Article 55.
“San Francisco County Sealer” or “Sealer” means the position identified in Administrative Code § 2A.221 as the County Agricultural Commissioner-Sealer of Weights and Measures, and includes the Sealer’s employees as assigned or other designees of the Sealer.
(Added by Ord. 100-19, File No. 190164, App. 5/24/2019, Eff. 6/24/2019, Oper. 8/23/2019)
(a) Except as set forth in Section 5504, every Brick-and-Mortar Business within the City must accept payment in Cash, if offered, for any transaction involving the purchase of any tangible good and/or any service other than Professional Services if, in connection with that transaction, (1) the business would accept one or more other forms of payment (including, but not limited to, check, credit card, debit card, or any type of electronic payment), regardless of when such form of payment is collected, and (2) the customer seeking to engage in that transaction is physically present at the place of business.
(b) Except as set forth in Section 5504, a Brick-and-Mortar Business may not charge a fee or place any other condition on its acceptance of Cash as required by subsection (a).
(Added by Ord. 100-19, File No. 190164, App. 5/24/2019, Eff. 6/24/2019, Oper. 8/23/2019)
(a) Suspected Counterfeit Currency. A Brick-and-Mortar Business may refuse to accept Cash or putative Cash that the business reasonably suspects to be counterfeit.
(b) Large Denominations. A Brick-and-Mortar Business may refuse to accept Cash in any denomination larger than a twenty-dollar bill, but shall otherwise accept any combination of paper Federal Reserve Notes and metal coins in connection with any transaction covered by Section 5503.
(c) Single Transactions Above $5,000. Where a single transaction involves the purchase of one or more goods and/or services, the total price of which (including tax) exceeds $5,000, a Brick-and-Mortar Business must accept Cash that is proffered as payment for any amount up to $5,000, but may refuse to accept Cash as payment for the remainder of the amount due. By way of example but not limitation, if a customer purchases an item or items of jewelry the total price of which (including tax) is $7,500, the customer would be entitled to pay up to $5,000 in cash, but the Brick-and-Mortar Business would be permitted to require the customer paying $5,000 in cash to pay the remaining $2,500 due using some form of payment other than Cash.
(Added by Ord. 100-19, File No. 190164, App. 5/24/2019, Eff. 6/24/2019, Oper. 8/23/2019)
(a) San Francisco County Sealer. The San Francisco County Sealer shall have the authority to implement this Article 55 and enforce this Article as set forth in this Section 5505. The Sealer may issue rules, regulations, and/or guidance, as the Sealer deems appropriate, to aid in the implementation and enforcement of this Article.
(b) No Worker Liability. The obligation to ensure that a Brick-and-Mortar Business complies with this Article 55 shall fall only on the business, or (in any case in which the owner or owners of the business are responsible for a policy or practice causing a violation of this Article 55) on the owner or owners of the business. No employee or independent contractor working at a Brick-and-Mortar Business shall be held liable for any violation of this Article.
(c) Violations Defined. Each transaction or attempted transaction in which a Brick-and-Mortar Business fails to accept Cash as required by Section 5503 shall constitute a separate violation of this Article 55.
(d) Penalties. Any violation of this Article 55 shall be an infraction or misdemeanor punishable as hereinafter specified:
(1) For a first violation of this Article, an infraction punishable by a fine not exceeding $100 and not less than $50;
(2) For a second violation of this Article within a 12-month period, an infraction punishable by a fine not exceeding $200 and not less than $100; and
(3) For a third violation of this Article within a 12-month period, and any additional violation within a 12-month period, a misdemeanor punishable by a fine not exceeding $1,000 and not less than $500.
(e) Enforcement Costs. In addition to the penalties set forth in subsection (c), the court may order that a violator of this Article 55 reimburse the City for all its costs, including attorneys’ fees, incurred in investigating and prosecuting the enforcement action against that violator.
(Added by Ord. 100-19, File No. 190164, App. 5/24/2019, Eff. 6/24/2019, Oper. 8/23/2019)
By no later than December 31, 2026, the Treasurer shall submit a report to the Board of Supervisors and the Mayor on the findings contained in the report on the 2025 National Survey of Unbanked and Underbanked Households issued by the Federal Deposit Insurance Corporation. The report submitted by the Treasurer may, but need not, include recommendations concerning this Article 55.
(Added by Ord. 100-19, File No. 190164, App. 5/24/2019, Eff. 6/24/2019, Oper. 8/23/2019)