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San Francisco Overview
San Francisco Charter
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 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 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 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 17:
MISCELLANEOUS LICENSE REGULATIONS
 
Sales by Public Outcry Regulated.
Permit from Chief of Police – Procedure – Bond.
Investigation by Chief of Police.
Cancellation of Bond.
Permit to be Operative for Stated Address Only; Change of Location; Addition of Unlicensed Persons to Partnership; License to be Nontransferable.
Records to be Kept – Quarterly Reports to Police.
Acts Prohibited.
Grounds for Revocation of Permit.
Blanks Furnished by Chief of Police.
License Fee.
Individuals Merchandising by Public Outcry as Agent, Servant or Employee of Another; Requirements for Such Permit; Effect of Suspension or Termination of Permit of Principal, Master or Employer.
Renewal of Permits.
Definition of Merchandising by Public Outcry.
Exceptions.
Penalties for Violations of Sections 1200 through 1212, Inclusive.
Commercial Parking Permits.
Application for Permit.
Investigation, Hearing and Issuance of Permits.
Permit Revocation or Suspension.
Rules; Insurance Requirements.
Requirements for Permittee.
Requirements Regarding Permittee's Employees.
Other Enforcement.
Fixed Location Valet Parking and Special Event Valet Parking Permits.
Application for Permits.
Investigation, Hearing and Issuance of Permits.
Permit Revocation.
Rules and Regulations; Additional Requirements.
Requirements for Permittee's Employees.
Conformance With Applicable Laws.
Severability.
Dealers in Secondhand Automobiles or Automobile Accessories Required to Keep Records of Purchases, and Sales and Report to Chief of Police.
Blanks Furnished by Chief of Police.
Permit by Chief of Police – Revocation.
Filing Fee.
License Fees.
Automobile Wreckers.
Filing Fees.
License.
Closing-Out Sales Regulated.
Exceptions. Permit from Chief of Police. Number of Days of Sales Designated.
Inventory of Stock to be Submitted to Chief of Police.
Fees for Permits for Closing-out Sales.
Sale of Stock in Bulk. "In Bulk" Defined.
Secondhand Dealers; Definitions.
Permit from Chief of Police; Rules and Regulations; Definitions.
Trade-In Dealers; Definition; Permit.
Licensed Auctioneers Excepted.
Discharge of Cannon Prohibited.
License.
Discharge of Fireworks Prohibited.
Prohibiting Loitering While Carrying Concealed Weapons.
Prohibiting the Sale, Transfer, or Possession of Spring-Blade, Switch-Blade, Snap-Blade Knives, or Other Similar Type Knives; Penalty Therefor.
Prohibiting the Sale or Transfer of Knives to Minors Other Than by Parents or Guardians, Except for Table Knives and Knives Currently Prohibited from Sale under State Law; Penalties for Violation of This Section.
Guides.
Neighborhood-Restricted Liquor Licenses.
Liquor License Conditions.
 
SEC. 1200.  SALES BY PUBLIC OUTCRY REGULATED.
   It shall be unlawful for any person, firm or corporation to sell, offer for sale, expose for sale or solicit offers to purchase any jewelry, watches, clocks, binoculars, optical instruments, cameras, luggage, leather goods, plastic goods, imitation leather goods, cigarette cases, compacts, mechanical pens and pencils, precious stones, semi-precious stones, gold, silver, platinum or plated ware, by public outcry addressed collectively to a group of three or more persons assembled for the purpose of conducting sales of any of the aforesaid articles in any enclosed store or premises in the City and County of San Francisco, without first obtaining a permit from the Chief of Police. It shall be unlawful to merchandise any of the aforesaid articles by means of public outcry on any of the streets or sidewalks of the City and County of San Francisco and the Chief of Police shall not issue a license for such purpose.
(Added by Ord. 547-60, App. 11/30/60)
SEC. 1201.  PERMIT FROM CHIEF OF POLICE – PROCEDURE – BOND.
   Before receiving or acting upon any application for the granting of a permit to merchandise by means of public outcry any of the personal property described in Section 1200, the Chief of Police shall require:
   First, the payment of an application fee.
   Second, an application filed by the applicant, showing that the said applicant it to conduct his merchandising by public outcry activities at a fixed address. Said application for a permit must be signed by the applicant. If the applicant is a partnership, it must be signed by all members of the partnership; if application is a corporation, it must be signed by a duly authorized officer on behalf of the corporation. Where the applicant is a corporation or a partnership, the application must contain the names and addresses of all the corporation officers, or the partners, as the case may be. The said application shall be verified by the applicant. If the applicant is a partnership, the application shall be verified by a partner; if the applicant is a corporation, it shall be verified by one of its officers.
   Third, the application shall be published one day a week for four consecutive weeks in a newspaper of general circulation in the City and County of San Francisco. The applicant shall cause to be posted a notice of intention to merchandise any or all of the articles mentioned in Section 1200 by means of public outcry on the premises for which application for a permit is sought for a period of 30 days prior to issuance of any said permit. The notice shall be posted in two conspicuous places on said premises so as to be visible from the sidewalk for a distance of at least 50 feet therefrom.
   Fourth, every applicant at the time of making said application, and every person, firm or corporation who has heretofore been engaged and hereafter engages in merchandising by public outcry any or all personal property mentioned in Section 1200, shall file, within 30 days hereafter, and thereafter maintain, a bond in the sum of $10,000, which said bond shall run to the City and County of San Francisco and to any person, firm or corporation who shall sustain any injury covered by said bond. Such bond shall be executed by the person, firm or corporation seeking the permit hereunder as principal and by a corporation which is licensed by the Insurance Commissioner of this State to transact the business of fidelity and surety insurance as surety, or in lieu of said surety corporation bond, applicant may deposit either in cash or United States government bonds of the current market value in the sum of $10,000. The bond shall be conditioned that the principal will indemnify any and all persons, firms or corporations for any loss suffered by the misrepresentations of the principal as to the quality or worth of the goods offered for sale, lack of title to any of the said goods, breach of warranty of the merchantability or quality of any of the goods sold, or for falsely representing that the goods sold were part of stock in trade damaged by fire or the closing out of stock in trade of applicant or some other person, firm or corporation. Said bond shall, furthermore, be conditioned that said obligor herein will conform to and abide by the provisions of the San Francisco Municipal Code regulating merchandising by public outcry. Said bond shall not be void on the first recovery, but may be sued and recovered on from time to time by any persons aggrieved until the whole penalty is exhausted. Such bond shall remain in full force and effect until the permit of the principal is revoked or until the bond is canceled by the surety. The surety may cancel said bond and be relieved of further liability for causes of action arising thereafter by giving 15 days' written notice to the Chief of Police of the City and County of San Francisco and to the obligor at his last known place of business. The total aggregate liability on said bond shall be limited to $10,000. Any person, firm or corporation who sustains an injury covered by said bond may, in addition to any other remedy that he may have, bring an action in his own name on the bond for the recovery of any damage sustained by him; provided, however, that no such action may be brought and maintained after the expiration of one year from the time of the occurrence of any such alleged dishonest act or any breach of condition of said bond.
   Fifth, such application shall be accompanied by the signature of three resident freeholders, certifying to the good moral character and reputation of the applicant and of the person or persons making said application. At the time of filing such application, the applicant and all persons directly or indirectly interested in the permit if granted, including the members of any firm or copartner and the officers of any corporation, shall be fingerprinted by the Police Department, and if any such person shall be found to have a prior criminal record of committing any felony, theft, obtaining money or property by false pretense, embezzlement or violating any of the provisions of this Article or any other law regulating merchandising by public outcry, the application for such permit shall be denied.
(Amended by Ord. 555-81, App. 11/12/81)
SEC. 1202.  INVESTIGATION BY CHIEF OF POLICE.
   Upon receipt of said application, as provided in the preceding section, the Chief of Police shall investigate the character and business of the applicant, and the location at which said applicant proposes to engage in the business as stated in said application. Upon compliance with the requirements set forth in Section 1201, the Chief of Police may issue a permit for expiration one year from the date of issuance; provided, however, that no permit may be issued to any applicant not of good character, good reputation and moral integrity; nor to any applicant proposing to conduct his business within a district not so permitted by the general zoning regulations of the City Planning Code of the City and County of San Francisco. The Chief of Police in his discretion may refuse to issue a permit to any person, firm or corporation who has heretofore violated any provision of this Code regulating merchandising by public outcry or to any applicant under charge thereof. Notwithstanding such discretion in the Chief of Police, where a revocation of permit has occurred, the Chief of Police may not grant a new permit to any such permittee for a period of two years following such revocation. The Chief of Police shall forward said permit to Tax Collector for delivery to the permittee upon the payment of the license fee hereinafter provided.
(Added by Ord. 8828, Series of 1939, App. 10/28/54)
SEC. 1203.  CANCELLATION OF BOND.
   In the event that the bond filed in accordance with Section 1201 of this Article shall be canceled by the surety thereon, at any time, the obligor in whose favor such bond was filed shall, within 10 days after notice of such cancellation, file a new bond, and if such new bond is not filed within such period of 10 days, the permit shall be terminated as of the date of cancellation of said bond and be revoked thereupon without the requirement of action on the part of the Chief of Police or otherwise.
(Added by Ord. 8828, Series of 1939, App. 10/28/54)
SEC. 1204.  PERMIT TO BE OPERATIVE FOR STATED ADDRESS ONLY; CHANGE OF LOCATION; ADDITION OF UNLICENSED PERSONS TO PARTNERSHIP; LICENSE TO BE NONTRANSFERABLE.
   A fee shall be charged for any application for a change of location of the place of business for which a permit has been granted to merchandise by public outcry. A permit granted to any applicant under the provisions of Sections 1200 to 1214 of this Article shall be nontransferable. No unlicensed person shall be admitted as a member of any partnership permitted to engage in business of merchandising by public outcry unless such person shall comply with all of the provisions of Sections 1200 to 1214 of this Article. Any permittee having at least one place of business may secure a permit for any additional location by filing an application in the form heretofore mentioned, furnishing an additional bond for each application for an additional location sought under the provisions of this Section and by complying with all the provisions of Sections 1200 through 1214, inclusive, of this Article. Only one person, firm or corporation may conduct the business of merchandising by public outcry any of the articles mentioned in Section 1200 at any one permitted location.
(Amended by Ord. 555-81, App. 11/12/81)
SEC. 1205.  RECORDS TO BE KEPT – QUARTERLY REPORTS TO POLICE.
   The applicant from and after the granting of a permit to merchandise by public outcry shall at all times maintain an inventory of his stock in trade together with an itemization of cost price. On or before the 10th day of each and every third successive month following the granting of said permit, the applicant shall forward to the Chief of Police by registered mail, return receipt requested, or by personal service thereof, an itemized inventory of the stock in trade of said permittee as it existed on the first day of said month, together with an itemization of purchases made by the said permittee for the three month period preceding said inventory, and the cost of the article purchased. This itemized statement shall be subscribed by the permittee himself if permittee is an individual; by a general partner, if permittee is a copartnership, or, by one of its officers if permittee is a corporation. The parties subscribing the itemized statement must make and subscribe an oath to be attached thereto that said itemized statement contains a true and itemized account of the articles, together with their cost, constituting the inventory of permittee as of the date mentioned, and, in addition, a true statement of the purchases and their cost of articles added to permittee's stock in trade for the month preceding the date of inventory.
(Added by Ord. 8828, Series of 1939, App. 10/28/54)
SEC. 1206.  ACTS PROHIBITED.
   It shall be unlawful for anyone merchandising by means of public outcry any of the articles mentioned in Section 1200, to grossly misrepresent the quality or worth of the articles offered for sale, or to falsely represent that the goods offered for sale are part of the stock in trade damaged by fire or closing out stock in trade of permittee of some other person, firm or corporation.
(Added by Ord. 8828, Series of 1939, App. 10/28/54)
SEC. 1207.  GROUNDS FOR REVOCATION OF PERMIT.
   In the event that any person, firm or corporation holding a permit to merchandise by public outcry under provisions of Sections 1200 to 1214, inclusive, of this Article, shall violate or cause or permit to be violated any of the provisions of Sections 1200 to 1214, inclusive, of this Article, or shall conduct or carry on his business in an unlawful manner, or cause or permit fraudulent practices or abuses or fail to comply with the provisions of Section 1205 of this Article, or shall fail to pay within 30 days after the same has become final, any judgment against said permittee arising out of the misrepresentation of any sale covered by the provisions of Section 1200, or out of any fraud committed in connection with any such sale, or shall be guilty of any other conduct, whether of the same or different character hereinabove specified, which constitutes fraud or dishonest dealing or the commission of fraudulent or dishonest practices, or conduct his business in a manner detrimental to the safety and general welfare of the people of the City and County of San Francisco, it shall be the duty of the Chief of Police, in addition to the other penalties provided herein, to suspend or revoke the permit issued for merchandising by public outcry granted any such permittee.
   In the event any permit issued to any person, firm or corporation shall be revoked by the Chief of Police, no permit shall be granted to such person, firm or corporation to conduct or carry on such business of merchandising by public outcry within two years from the date of such revocation.
   No permit shall be suspended or revoked until a hearing have been held by the Chief of Police relating to such suspension or revocation. Notice of such hearing shall be given to such permittee and served at least five days prior to the date of the hearing thereon. Said notice shall state the ground of a complaint in a form sufficient to give notice thereof and the time and place of hearing. Said notice shall be served upon the holder of such permit by delivering the same to such permittee, the manager or agent thereof, or to any person in charge of, or employed in the place of business of such permittee; or, if such permittee has no such place of business, then at the place of residence of such permittee, if known, or by leaving such notice at either the place of business or the residence of such permittee. In the event the permittee cannot be found and the service of such notice cannot be made in the manner provided herein then a copy of such notice shall be mailed, postage fully prepaid, addressed to such permittee at the place of business or residence set forth in such permit or the application therefor, at least five days prior to the date of such hearing.
(Added by Ord. 8828, Series of 1939, App. 10/28/54)
SEC. 1208.  BLANKS FURNISHED BY CHIEF OF POLICE.
   The Chief of Police shall cause such number of blanks to be provided as may be necessary for that purpose, and from time to time may cause additional blanks to be provided as may be necessary, to carry out the provisions of Sections 1200 to 1214, inclusive, of this Article.
(Added by Ord. 8828, Series of 1939, App. 10/28/54)
SEC. 1209.  LICENSE FEE.
   Every person, firm or corporation engaged in the business of merchandising by public outcry any of the articles listed in Section 1200 of this Article shall pay an annual license fee to the Tax Collector of the City and County of San Francisco. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code. License fees paid under the provisions of this Section shall not be prorated or refunded. The provisions of Sections 75 to 81, inclusive, of Article 2, Part III of the San Francisco Municipal Code shall apply except as otherwise provided.
(Amended by Ord. 555-81, App. 11/12/81; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
SEC. 1210.  INDIVIDUALS MERCHANDISING BY PUBLIC OUTCRY AS AGENT, SERVANT OR EMPLOYEE OF ANOTHER; REQUIREMENTS FOR SUCH PERMIT; EFFECT OF SUSPENSION OR TERMINATION OF PERMIT OF PRINCIPAL, MASTER OR EMPLOYER.
   Any person merchandising by public outcry any of the articles mentioned in Section 1200 as agent, servant or employee of some other person, firm, corporation or other association, shall comply with the provisions of Sections 1200, 1201, 1202, 1203, 1204, 1206, 1207 and 1208 of this Article. A permit shall be required of any such person in addition to the permit required of such person's principal, master or employer as the case may be. In the event that the principal, master or employer of the person seeking a permit hereunder does not possess a permit in full force and effect, duly valid and subsisting, then, in such event, no permit may be granted to any agent, servant or employee thereof.
   Whenever the permit of a person, firm or corporation to merchandise by public outcry has been terminated or suspended for any reason, then, the permit of any agent, servant or employee thereof theretofore issued shall likewise terminate or suspend as the case may be without further action by the Chief of Police or otherwise.
   Every person seeking a permit to merchandise by public outcry as the agent, servant or employee or another shall make written application to the Chief of Police for said permit and pay to the Chief of Police an application fee at the time of filing such application. Said application shall contain all information deemed relevant by the Chief of Police. If the Chief of Police approves the granting of said permit, he may issue a permit to said applicant hereunder which permit shall expire one year from date of issuance.
(Amended by Ord. 555-81, App. 11/12/81)
SEC. 1211.  RENEWAL OF PERMITS.
   Application for the renewal of the permits set forth in Sections 1202 and 1210 of this Article shall be made to the Chief of Police upon forms provided by the Police Department. Said application shall be made not less than 10 days prior to the expiration of the current permit and no application fee shall be charged. If such application for the renewal of the permit is not made within the time specified, the original permit shall be null and void. The procedure set forth in Sections 1201 and 1210 of this Article for obtaining original permits shall then be required.
(Added by Ord. 8828, Series of 1939, App. 10/28/54)
SEC. 1212.  DEFINITION OF MERCHANDISING BY PUBLIC OUTCRY.
   Without limiting the generality of the term "merchandising by public outcry," such activity shall include selling, exposing for sale, offering for sale, or soliciting purchasers by means of audible solicitation addressed collectively to a group of three or more persons, which said group has been assembled for the purpose of merchandising any of the articles set forth in Section 1200.
(Added by Ord. 8828, Series of 1939, App. 10/28/54)
SEC. 1213.  EXCEPTIONS.
   Provisions of Sections 1200 through 1214, inclusive, of this Article shall not apply to duly licensed auctioneers as to sales made pursuant to court order or to any law.
(Added by Ord. 8828, Series of 1939, App. 10/28/54)
SEC. 1214.  PENALTIES FOR VIOLATIONS OF SECTIONS 1200 THROUGH 1212, INCLUSIVE.
   Every person, firm or corporation who, or which, engages in merchandising by public outcry any of the articles mentioned in Section 1200 in violation of any of the provisions of Sections 1200 through 1212, inclusive, of this Article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500 or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment; or if by a corporation, it shall be punished by a fine of $1,000 for each such violation.
(Added by Ord. 8828, Series of 1939, App. 10/28/54)
SEC. 1215.  COMMERCIAL PARKING PERMITS.
   (a)   Definitions. The following definitions shall apply in Police Code Sections 2.9, 2.26 and 1215 through 1215.7 and Business and Tax Regulations Code Section 22.
      Chief of Police. The Chief of the San Francisco Police Department, or designee.
      Commercial parking permit. A permit the Chief of Police issues under this Section to operate a parking garage or parking lot.
      Covered crimes. The crimes of assault, battery, burglary, robbery, theft including identity theft, receipt of stolen property, breaking or removing parts from a vehicle, malicious mischief to a vehicle, unlawful use or tampering by bailee of a vehicle, altering a vehicle identification, tax fraud or evasion, and any offense related to the use of alcohol, narcotics or controlled substances while operating or in connection with a vehicle, committed anywhere in the United States of America.
      Entertainment Establishment. Any building, space, or structure operating under a "Place of Entertainment" permit issued pursuant to San Francisco Police Code Section 1060et seq. or operating under an "Extended Hours Premises" permit issued pursuant to San Francisco Police Code Section 1070et seq.
      Parking garage. Any building or structure, or any portion of a building or structure, where members of the public may park or store motor vehicles for a charge. This definition does not include
      (1)   any parking garage in a residential building or development that provides parking for a charge as a convenience or amenity for residents or their guests only;
      (2)   any parking garage on San Francisco Unified School District property where a Qualified Nonprofit makes special event parking available to members of the public for a charge, pursuant to a Special School Parking Event Permit under Article 9, Section 608 of the Business and Tax Regulations Code; and
      (3)   any parking garage in a residential building that rents not more than ten spaces to non-residents of the building on a monthly basis and is registered with the Tax Collector under Article 6, Section 6.9-3 of the Business and Tax Regulations Code.
      Parking lot. Any outdoor or uncovered space, including any plot, place, lot, parcel, yard or enclosure, or any portion of such a space, where members of the public may park or store motor vehicles for a charge. This definition does not include
      (1)   any outdoor or uncovered space that is part of a residential building or development that provides parking for a charge as a convenience or amenity for residents or their guests only;
      (2)    any outdoor or uncovered lot on San Francisco Unified School District property where a Qualified Nonprofit makes special event parking available to members of the public for a charge, pursuant to a Special School Parking Event Permit under Article 9, Section 608  of the Business and Tax Regulations Code; and
      (3)   any outdoor or uncovered space that is part of a residential building that rents not more than 10 spaces to non-residents of the building on a monthly basis and is registered with the Tax Collector under Article 6, Section 6.9-3 of the Business and Tax Regulations Code.
      Person. Any individual, firm, company, corporation, partnership, joint venture, association, organization or other legal entity. When Sections 1215 through 1215.6 require a person to provide or list a name, the person must provide or list any prior names and aliases.
      Prevailing Party. Prevailing Party has the same meaning as set forth in California Code of Civil Procedure Section 1032, or any successor provision. "Prevailing Party" includes the City in actions where the City obtains an injunction and/or civil penalties or other monies under Sections 1215 through 1215.6 or under State law.
      Qualified Nonprofit. A volunteer led organization having a formally recognized exemption from income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and with a mission of benefitting one or more San Francisco public schools.
   (b)   Permit Requirement. Except as provided in this subsection (b), a person may not operate a parking garage or parking lot, directly or indirectly, unless the person holds a commercial parking permit issued by the Chief of Police. This Section requires a separate commercial parking permit for each parking garage and parking lot. The Chief of Police shall close immediately any parking garage or parking lot operating without the required commercial parking permit. A parking garage or parking lot that is registered with the Tax Collector under Article 6, Section 6.9-3(a)(2), of the Business and Tax Regulations Code is not required to hold a commercial parking permit under this Section.
      Notwithstanding the foregoing paragraph, a governmental entity operating a parking garage or parking lot on that governmental entity's property is not required to obtain a commercial parking permit for that parking garage or parking lot; however, any other person operating a parking garage or parking lot on a governmental entity's property must hold a commercial parking permit issued by the Chief of Police for each such parking garage and parking lot.
   (c)   Annual Permit. Each commercial parking permit shall authorize the permittee to operate the permitted parking garage or parking lot for one year from the date the Chief of Police issues the permit, unless the Chief of Police suspends or revokes the permit. Each commercial parking permit shall expire by operation of law at the end of the one-year period. Notwithstanding Section 2.10 of the Police Code, a permittee wishing to operate beyond the one-year permit term must obtain a new commercial parking permit before the existing permit expires.
(Added by Ord. 219-10, File No. 100639, App. 8/12/2010; amended by Ord. 87-12 , File No. 111077, App. 5/14/2012, Eff. 6/13/2012; Ord. 189-12 , File No. 120407, App. 9/11/2012, Eff. 10/11/2012; Ord. 209-12 , File No. 120631, App. 9/28/2012, Eff. 10/28/2012; Ord. 5-13 , File No. 121064, App. 1/24/2013, Eff. 2/23/2013; Ord. 221-13 , File No. 130790, App. 11/1/2013, Eff. 12/1/2013; Ord. 152-15 , File No. 150625, App. 8/6/2015, Eff. 9/5/2015)
SEC. 1215.1.  APPLICATION FOR PERMIT.
New Ordinance Notice
Publisher's Note:This section has been AMENDED by new legislation (Ord. 244-19 , approved 11/1/2019, effective 12/1/2019, operative 1/1/2023). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.
   (a)   Application Requirements. An applicant for a commercial parking permit shall use the application form the Chief of Police provides, and shall supply the following information:
      (1)   The applicant's business name and address, and the address of the parking garage or parking lot for which the applicant seeks a commercial parking permit;
      (2)   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 commercial parking permit the Chief of Police issues;
      (3)   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;
      (4)   The name and residence address of the individual whom the applicant has authorized to manage, direct, or control the operations of the parking garage or parking lot for which the applicant seeks a commercial parking permit;
      (5)   For all individuals listed in subsections (2) through (4), 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, provided that the applicant shall not inquire about or acquire information in violation of Police Code Article 49;
      (6)   If the applicant does not own the building, structure or space where the parking garage or parking lot for which the applicant seeks a commercial parking permit operates or will operate, the name, business address and contact information of the owner, and documentation demonstrating the nature of the applicant's interest in the building, structure or space;
      (7)   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 commercial parking permit;
      (8)   A copy of a current and valid certificate of authority for the parking garage or parking lot for which the applicant seeks a commercial parking permit that the Office of the Treasurer and Tax Collector has issued to the applicant under Business and Tax Regulations Code Section 6.6-1, or documentation demonstrating that the applicant has applied to the Office of the Treasurer and Tax Collector for a certificate of authority for the parking garage or parking lot for which the applicant seeks a commercial parking permit and has obtained the bond required for that certificate. The name on the certificate of authority or on the application for a certificate of authority and bond must match the name of the applicant on the application for the commercial parking permit;
      (9)   A copy of plans for the parking garage or parking lot for which the applicant seeks a commercial parking permit. The plans must include the name and business address of the applicant; the address of the parking garage or parking lot; the name and business address of the owner of the building, structure or space where the garage or lot is located, if the applicant is not the owner; all pedestrian and vehicular entrances and exits to the garage or lot; the dimensions and types of construction of all structures, fences or other improvements; and any features that may affect street traffic;
      (10)   The total motor vehicle capacity of the parking garage or parking lot for which the applicant seeks a permit, including the number of designed spaces and the motor vehicle capacity of all undesignated areas the applicant could use for overflow parking;
      (11)   Certificates of insurance and endorsements evidencing insurance in the amounts and coverages the Chief of Police sets under Section 1215.4(b);
      (12)   A list of all employees or other individuals working at the parking garage or parking lot, or whom the applicant proposes for employment or work at the parking garage or parking lot including for each individual the hours and duties of employment and the how long the individual has been employed by the applicant;1
      (13)   A declaration signed by the applicant under penalty of perjury certifying that the applicant has verified that in the preceding ten years, none of the employees or other individuals has been convicted of or pled guilty or no contest to a covered crime, provided that the applicant shall not inquire about or acquire information in violation of Police Code Article 49; or for any employee or other individual who the applicant knows has been convicted of or pled guilty or no contest to a covered crime in the preceding ten years, written authorization from the Chief of Police under Section 1215.6(b) allowing the employee or individual to work at the parking garage or parking lot;
      (14)   A list of the residential zip codes of all employees or other individuals working at the parking garage or parking lot, or whom the applicant proposes for employment or work at the parking garage or parking lot, along with the number of individuals that live in each zip code. This list shall not identify which individuals reside in which zip codes. For purposes of this subsection, the term "residential zip code" shall mean the zip code where the individual primarily resides;
      (15)   The total number of males and the total number of females working at the parking garage or parking lot, or whom the applicant proposes for employment or work at the parking garage or parking lot;
      (16)   The proposed design of the identification badge for employees or other individuals working at the parking garage or parking lot for which the applicant seeks a permit;
      (17)   A security plan for the parking garage or parking lot. The security plan must specify the hours of operation for the parking garage or parking lot and meet the requirements set in Section 1215.2(c). The security plan shall include a certification from the applicant that the applicant shall operate the parking garage or parking lot in compliance with the security plan for the duration of any commercial parking permit issued by the Chief of Police;
      (18)   The name and address of the person authorized to accept service of process for the applicant; and
      (19)   Any other information that the Chief of Police finds reasonably necessary to investigate the application.
   (b)   Fees. The applicant shall submit any filing fee with the application, as well as any fees for inspections or services provided by other City departments in investigating the application.
(Added by Ord. 219-10, File No. 100639, App. 8/12/2010; amended by Ord. 87-12 , File No. 111077, App. 5/14/2012, Eff. 6/13/2012; Ord. 20-14, File No. 131062, App. 3/14/2014, Eff. 4/13/2014)
CODIFICATION NOTE
1.   So in Ord. 20-14.
SEC. 1215.2.  INVESTIGATION, HEARING AND ISSUANCE OF PERMITS.
New Ordinance Notice
Publisher's Note:This section has been AMENDED by new legislation (Ord. 244-19 , approved 11/1/2019, effective 12/1/2019, operative 1/1/2023). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.
   (a)   Complete Application. The Chief of Police may not accept an application for filing until it is complete. An application is not complete until the Chief of Police determines that it includes all information and documentation that Section 1215.1(a) requires. After determining that an application includes all required information and documentation, the Chief of Police shall accept the application for filing.
   (b)   Investigation of Application. Once the Chief of Police accepts an application for filing, the Chief of Police shall conduct an appropriate investigation of the application. As part of the investigation, the Chief of Police shall make any necessary referrals to other City departments, including referrals to the Planning Department, Fire Department and Department of Building Inspection for their determination of compliance with zoning, building, fire and safety requirements. The Chief of Police may refer the application to the Municipal Transportation Authority for review of traffic impacts. The Chief of Police shall conduct a criminal history background check on the persons listed in Sections 1215.1(a)(2) through (4).
   (c)   Security Plan.
      (1)   The Chief of Police shall review the applicant's security plan to ensure that the plan meets the minimum requirements set in Subsection (c)(2) below and any additional requirements set by the Chief of Police in rules promulgated under Section 1215.4(a), and is reasonably calculated to protect individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot. The Chief's evaluation of the security plan shall consider all relevant factors including, but not limited to, the parking garage's or parking lot's location, size, hours of operation, proximity to an Entertainment Establishment, and history of incidents resulting in Police Department response in the two years before the date of the application. The Chief of Police may approve a security plan, or may specify alternate or additional security measures required for approval of the security plan. The Chief of Police shall disapprove any security plan that the Chief determines does not adequately address the safety of individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot, notwithstanding the compliance of the proposed security plan with the minimum requirements of Subsection (c)(2) below. The Chief of Police shall not issue a commercial parking permit for any parking garage or parking lot unless the Chief approves the security plan for that parking garage or parking lot. The Chief of Police may waive or alter the minimum requirements listed Subsection (c)(2) below if the Chief determines that the parking garage or parking lot has no history of criminal, nuisance, or public safety incidents in the previous two years. If, after the Chief grants a waiver or alteration of the minimum requirements listed in subsection (c)(2) below, a criminal, nuisance or public safety incident occurs, the Chief may revoke that waiver or alteration of the minimum requirements.
      (2)   The security plan shall meet the following minimum requirements:
         (A)   If any pedestrian or vehicular entrance or exit to the parking garage or parking lot is within 1000 feet of any entrance or exit to an Entertainment Establishment, provide for an attendant, security guard or other individual retained by the permittee to remain on site for any operating hours between 7:00 p.m. and 3:00 a.m. An attendant, security guard or other individual is not required on site if all vehicular entrances and exits to the parking garage or parking lot are closed and secured so that vehicles may not enter or exit the garage or lot. The phrase "1000 feet" in this Subsection (c)(2)(A) shall mean 1000 feet in all directions, including across a street, from any pedestrian or vehicular entrance or exit to the parking garage or parking lot;
         (B)   Provide for measures to ensure that when the parking garage or parking lot is not open for business, the vehicular entrances and exits are closed and secured so that vehicles may not enter or exit the garage or lot; and
         (C)   Identify the number, type, and location of all light sources located on the premises including lighting located within pedestrian stairwells and entrances and provide for at least the minimum lighting specified in Fire Code Section .
      (3)   The security plan may include additional measures to protect the safety of individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot, including, but not limited to, additional personnel, additional lighting, security cameras, emergency call boxes or phones, mirrors, barriers, and other physical improvements, or plans to close and secure one or more pedestrian or vehicular entrances or exits to the parking garage or parking lot for certain hours of operation.
      (4)   If the parking garage or parking lot leases spaces to either a certified car-share organization as defined by Planning Code Section 166(b)(2) or to patrons who rent spaces on a long-term basis, the security plan must describe how those patrons will retain access during hours when the parking garage or parking lot is not open for business.
      (5)   The authority of the Chief of Police to review and approve security plans for parking garages and parking lots does not restrict in any way the authority of the Entertainment Commission to place security requirements on any business with a Place of Entertainment or Extended Hours Premises permit.
   (d)   Action on Application. The Chief of Police shall hear and decide the application within a reasonable time after accepting the application for filing. In deciding the application, the Chief of Police may exercise his or her sound discretion as to whether the permit should be granted or denied. The Chief of Police may consider the following:
      (1)   Whether the parking garage or parking lot complies with applicable zoning, building, fire and safety requirements of the laws of the State of California and the City and County of San Francisco;
      (2)   Any traffic impacts of the parking garage or parking lot;
      (3)   Whether in the preceding ten years, the applicant or any person listed in Sections 1215.1(a)(2) through (4) has been convicted of or plead guilty or no contest to a covered crime, or has committed a covered crime. A conviction, plea or commission of a covered crime is not 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:
         (a)   the nature and gravity of the offense;
         (b)   the time elapsed since the offense;
         (c)   age at the time of the offense;
         (d)   frequency of covered criminal offenses;
         (e)   evidence of rehabilitation; and
         (f)   any other mitigating circumstances;
      (4)   Whether in the preceding ten years, the applicant or any person listed in Sections 1215.1(a)(2) through (4) has engaged in or committed any fraudulent or misleading business practices;
      (5)   Whether the security plan, if necessary, meets the minimum requirements in Subsection (2)(c) above and any other requirement imposed by the Chief pursuant to 1215.2(c)(1), and is reasonably calculated to protect individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot;
      (6)   Whether the application contains intentionally false or misrepresented information; and
      (7)   Whether granting the permit is consistent with the public interest, health, safety and welfare.
   (e)   Reporting. The Chief will make an annual report to the Entertainment Commission giving information regarding permits granted where the Chief of Police has waived or altered the minimum requirements listed in Subsection (c)(2) above.
(Added by Ord. 219-10, File No. 100639, App. 8/12/2010; amended by Ord. 234-11, File No. 110993, App. 12/1/2011, Eff. 12/31/2011; Ord. 87-12 , File No. 111077, App. 5/14/2012, Eff. 6/13/2012)
SEC. 1215.3.  PERMIT REVOCATION OR SUSPENSION.
New Ordinance Notice
Publisher's Note:This section has been AMENDED by new legislation (Ord. 244-19 , approved 11/1/2019, effective 12/1/2019, operative 1/1/2023). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.
   (a)   Discretionary Revocation or Suspension. The Chief of Police may revoke or suspend a commercial parking permit if, after a hearing on the matter, he or she finds that:
      (1)   Grounds exist that would have constituted a basis to deny the permit application;
      (2)   The permittee has failed to operate the parking garage or parking lot in compliance with the security plan approved by the Chief of Police;
      (3)   The permittee, or any employee or agent of the permittee, has created, caused, or contributed to the creation or maintenance of a public nuisance in the operation of the parking garage or parking lot;
      (4)   The permittee, or any employee or agent of the permittee, has failed to comply with any requirements imposed by Sections 1215 through 1215.6, or any rules the Chief of Police issued under Section 1215.4(a); or
      (5)   The permittee, or any employee or agent of the permittee, has operated the parking garage or parking lot in a manner contrary to the public interest, health, safety or welfare.
   (b)   Mandatory Revocation or Suspension. The Chief of Police shall revoke or suspend a commercial parking permit, after a hearing on the matter, promptly upon receiving notice from the Office of the Treasurer and Tax Collector that it has revoked a permittee's business registration certificate or certificate of authority, or has determined that the permittee, or any person listed in Sections 1215.1(a)(2) through (4), is not in compliance with the Business and Tax Regulations Code. If the Chief of Police suspends the permit, the Chief of Police shall continue the permit suspension until the Office of the Treasurer and Tax Collector notifies the Chief of Police that he or she may end the suspension.
   (c)   Notice. The Chief of Police shall serve written notice of a revocation or suspension hearing on the permittee at the business address listed in the permit application, no fewer than 10 days before the hearing. The notice shall include the time and place of the hearing and a brief statement of the reasons for the proposed revocation or suspension.
   (d)   Appeal. 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 revoke or suspend a commercial parking permit shall not effect a suspension of the Chief of Police's action.
   (e)   Board of Appeal. On any appeal from a decision of the Chief of Police to revoke or suspend a commercial parking permit under Section 1215.3(b), consistent with the vital City policy regarding advance payment of disputed taxes and the exclusive remedies and procedures available to resolve tax disputes under Article 6 of the Business and Tax Regulations Code, the Board of Appeal shall have no jurisdiction to review any determination of the Office of the Treasurer and Tax Collector that the applicant, or any person listed in Sections 1215.1(a)(2) through (4), is not in compliance with the Business and Tax Regulations Code. Nor shall the Board of Appeal have jurisdiction to review a decision of the Office of the Treasurer and Tax Collector to revoke a permittee's business registration certificate or certificate of authority.
   (f)   Three-Year Ban. If the Chief of Police revokes a commercial parking permit, the permittee, and any person listed in Sections 1215.1(a)(2) through (4), may not apply for a commercial parking permit for three years from the date the Chief of Police revokes the permit.
(Added by Ord. 219-10, File No. 100639, App. 8/12/2010; amended by Ord. 87-12 , File No. 111077, App. 5/14/2012, Eff. 6/13/2012)
SEC. 1215.4.  RULES; INSURANCE REQUIREMENTS.
   (a)   Rules. After a noticed hearing, the Chief of Police may promulgate rules to effectuate the purposes of Sections 1215 through 1215.6 or to facilitate the permit process. The Chief may promulgate rules that set additional requirements for security plans under this Subsection (a), but only after consultation with the Entertainment Commission Executive Director.
   (b)   Insurance Requirements. In consultation with the City Risk Manager, the Chief of Police shall determine the insurance coverages and amounts necessary to protect members of the public using parking garages and parking lots, and the City and County of San Francisco and its officers, agents and employees, against injuries, damages, claims or liabilities arising from or related to the permit or to a permittee's operation of a parking garage or parking lot. The insurance shall include, at a minimum,
      (1)   workers' compensation, with employer's liability limits not less than $1,000,000 each accident, but only if the permittee has employees as defined by the California Labor Code,
      (2)   comprehensive general liability insurance with limits not less than $1,000,000 each occurrence,
      (3)   comprehensive automobile liability insurance with limits not less than $1,000,000 each occurrence, and
      (4)   garagekeeper's legal liability insurance with limits set based on the motor vehicle capacity of the parking garage or parking lot.
The Chief of Police shall post the current insurance requirements at the location where applicants submit permit applications and on the Police Department website. In consultation with the City Risk Manager, the Chief of Police may review and revise the insurance requirements set under this Section.
(Added by Ord. 219-10, File No. 100639, App. 8/12/2010; amended by Ord. 87-12 , File No. 111077, App. 5/14/2012, Eff. 6/13/2012)
SEC. 1215.5.  REQUIREMENTS FOR PERMITTEE.
   (a)   Insurance. Throughout the term of any commercial parking permit, a permittee shall maintain in force insurance in the coverages and amounts that the Chief of Police sets under Section 1215.4(b).
   (b)   Posting. A permittee shall post a copy of the commercial parking permit at the permitted parking garage or parking lot, in a conspicuous place visible to the public.
   (c)   Name and Other Changes. Within 10 days of any change in the name of a permittee, or any change in any partner or officer of a permittee, in the ownership of 10 percent or larger of a permittee, or in the individual whom a permittee has authorized to manage, direct or control the operations of the permitted parking garage or parking lot, a permittee shall provide written notice to the Police Department specifying the change.
   (d)   Change in Ownership. If during the term of a commercial parking permit a permittee's ownership changes by 25 percent or larger, the permittee's commercial parking permit shall immediately terminate by operation of law. The permittee shall apply for a new commercial parking permit for each parking garage or parking lot the permittee operates, and shall pay any required fees. A permittee may apply for a new commercial parking permit in advance of an ownership change of 25 percent or greater, to preserve continuity of operations at the parking garages and parking lots the permittee operates.
   (e)   Records. A permittee shall maintain records regarding operations of the parking garage or parking lot for which the Chief of Police issued the commercial parking permit at the business address specified in the permit application, and shall make those records available for inspection and copying during business hours on demand of any peace officer.
(Added by Ord. 219-10, File No. 100639, App. 8/12/2010)
SEC. 1215.6.  REQUIREMENTS REGARDING PERMITTEE'S EMPLOYEES.
   (a)   List of Employees. A permittee shall maintain a continuously updated list of the names, residence addresses and current driver's license numbers of all employees or other individuals working at the parking garage or parking lot for which the Chief of Police issued a commercial parking permit. A permittee shall maintain the list at the business address listed on the permit application, and shall make the list available for inspection and copying during business hours on demand of any peace officer.
   (b)   Criminal History. Except with the prior written authorization of the Chief of Police, a permittee shall not allow any employee or other individual to work at a permitted parking garage or parking lot if, in the preceding ten years, the employee or individual has been convicted of or has plead guilty or no contest to any covered crime. The Chief of Police shall evaluate on a case-by-case basis any request for authorization for an employee or other individual who has been convicted of or has plead guilty or no contest to any covered crime in the preceding ten years to work at the permitted parking garage or parking lot. In determining a request for authorization, the Chief of Police shall give due consideration to the factors in Section 1215.2(c)(3). The term of any written authorization of the Chief of Police may not exceed two years.
   (c)   Identification Badge. Every employee or other individual who works at a parking garage or parking lot shall wear conspicuously upon his or her person an identification badge that the permittee provides, of a type and design that the Chief of Police has approved.
(Added by Ord. 219-10, File No. 100639, App. 8/12/2010)
SEC. 1215.7.  OTHER ENFORCEMENT.
   (a)   In addition to the remedies and enforcement mechanism provided above. the City Attorney may enforce the provisions ofSections 1215 through 1215.6 through a civil action in any court of competent jurisdiction.
   (b)   The City Attorney may apply to any court of competent jurisdiction for an order seeking injunctive relief to abate any nuisance caused by a failure to comply with Sections 1215 through 1215.6.
   (c)   In any civil court action brought by the City Attorney to enforce Sections 1215 through 1215.6 in which the City succeeds in obtaining any order from the Court, the City shall be entitled to recover from any and all applicable Persons all of its costs of investigation, enforcement, abatement, and litigation.
   (d)   The Prevailing Party in any court action to abate a violation pursuant to Sections 1215 through 1215.6 shall be entitled to reasonable attorneys' fees.
   (e)   Nothing in Sections 1215 through 1215.6 shall be interpreted as restricting or otherwise limiting the enforcement authority conferred upon other City employees, City agencies, or state agencies by other provisions of the Municipal Code or state law.
(Added by Ord. 87-12 , File No. 111077, App. 5/14/2012, Eff. 6/13/2012)
SEC. 1216.  FIXED LOCATION VALET PARKING AND SPECIAL EVENT VALET PARKING PERMITS.
   No corporation, partnership or other business entity or employee thereof may solicit the storage or parking of any motor vehicle for which a parking space may or may not be rented unless the corporation, partnership or business entity holds a valid valet parking permit issued by the Chief of Police; notwithstanding the foregoing provision, a governmental entity that solicits the storage or parking of any motor vehicle for which a parking space mayor may not be rented is not required to obtain a valid valet parking permit issued by the Chief of Police, provided that all persons engaged by the governmental entity to perform said activities are employees of the governmental entity.
   (a)   A fixed location valet parking permit shall be required for any valet parking operator who performs valet parking services at a restaurant or other place of public assembly which utilizes valet parking services on a daily or regularly scheduled basis. Any location which uses valet parking services more than once each week and more than 52 times per year requires a fixed location permit. Application for location valet parking permits shall include verification by the owner of an off-street parking garage or lot that a specified number of parking spaces will be guaranteed for the use of the applicant.
      A holder of a fixed location valet parking permit may assess the owner or operator of a motor vehicle which it accepts for valet parking a reasonable fee for its services; provided, that the person who has hired the permittee has agreed in writing that fees may be charged of such owners and operators, that the permittee meets all applicable parking tax obligations which may be connected with such charges, and further provided, that the permittee shall provide each such owner and operator with advance notice of the applicable fees to be charged.
   (b)   An annual special event valet parking permit shall be required of any valet parking operator who performs valet parking services at locations other than those defined as fixed locations in Subdivision (a) of this Section.
      Special event valet parking permit holders shall provide the appropriate Police Department District Station(s) with seven days' advance written notice of the location, date and hours of each special event valet parking operation for which a permit is requested, or, if seven days' notice is impossible, the permit holders shall notify the District Station(s) as soon after the permit holder's services are engaged for any event as is possible. The District Station Captain shall have the right to prohibit the use of a special event valet parking permit at a given location if he or she finds that there are insufficient on-street parking spaces in the locale and the permit holder has presented no adequate plan to park the vehicles legally.
      There shall be no appeal from the Captain's denial unless the notice of an intended event at a particular location has been given at least twenty days before the event, in which case appeal shall lie only to the Chief of Police, or his or her designate.
      No holder of a special event valet parking permit may require any payment from vehicle operators for valet parking services.
(Added by Ord. 156-85, App. 3/28/85; amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 5-13 , File No. 121064, App. 1/24/2013, Eff. 2/23/2013)
SEC. 1217.  APPLICATION FOR PERMITS.
   Applications for fixed location valet parking and special event valet parking permits shall be made upon application forms provided by the Chief of Police, and shall be accompanied by any required filing fee, and shall state: (1) the business name and address of the applicant; (2) the names and residence address of every officer or partner, and of every owner of 10 percent or more of the applicant; (3) all felony criminal offenses for which the persons in Subsection (2) above have been convicted, including the nature of the offense and the place and date of the conviction; (4) the identifying number of the applicant's San Francisco business license; (5) for fixed location permits, the location of the business at which the valet parking services will be performed, the off-street parking location at which vehicles will be parked and the number of parking spaces available at that location; and (6) any other information as the Chief of Police finds reasonably necessary to effectuate the purposes of this ordinance. The applicant shall meet the following insurance requirements throughout the term of any issued under this ordinance:
   (a)   Workers' Compensation, with Employers Liability limits not less than $1,000,000 each accident, but only if permittees have employees as defined by the California Labor Code.
   (b)   Comprehensive General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations Coverages.
   (c)   Comprehensive Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit Bodily Injury and Property Damage, including owned, nonowned and hired auto coverages, as applicable.
   (d)   Garagekeepers' Legal Liability Insurance, including coverages for fire and explosion, theft of the entire motor vehicle, riot, civil commotion, malicious mischief and vandalism, collision or upset with coverage limits to be determined by the average number of vehicles an applicant parks on any given day in accordance with the following schedule:
 
 
0-10 vehicles
$100,000 limit of coverage
11-15 vehicles
$150,000 limit of coverage
16-20 vehicles
$200,000 limit of coverage
21-25 vehicles
$250,000 limit of coverage
26-30 vehicles
$300,000 limit of coverage
31-35 vehicles
$350,000 limit of coverage
36-40 vehicles
$400,000 limit of coverage
41-45 vehicles
$450,000 limit of coverage
46+ vehicles
$500,000 limit of coverage
 
   Comprehensive General Liability, Comprehensive Automobile Liability and Garagekeepers' Legal Liability Insurance policies shall be endorsed to provide the following:
      (1)   Name as Additional Insureds the City and County of San Francisco, its officers, agents, employees and members of commissions.
      (2)   That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of activities conducted under the permit, and that insurance applies separately to each insured against whom claim is made or suit is brought.
   All policies shall be endorsed to provide that 30 days' advance written notice to the City of cancellation, nonrenewal or reduction in coverage, shall be mailed to the following address:
CHIEF OF POLICE
Hall of Justice
850 Bryant Street
San Francisco, CA 94103
   Certificates of insurance, satisfactory to the City, evidencing all coverages above shall be furnished to the City prior to issuance of a permit and renewal of a license or before commencing any operations under a permit, with complete copies of policies furnished to the City upon request.
(Added by Ord. 156-85, App. 3/28/85; amended by Ord. 418-87, App. 10/23/87; Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 1218.  INVESTIGATION, HEARING AND ISSUANCE OF PERMITS.
   The Chief of Police shall investigate all applications and without unnecessary delay shall thereafter hear the application and then grant the application unless he or she finds:
   (a)   That any owner, officer or partner of the applicant within four years prior to the date of application, has been convicted of burglary, robbery, theft, receipt of stolen property, breaking or removing parts from a vehicle, malicious mischief to a vehicle, unlawful use or tampering by bailee of a vehicle, altering a vehicle identification, or any offense related to the use of alcohol, narcotics or controlled substances; or
   (b)   That any owner, officer or partner of the applicant has intentionally falsified any statement contained in the application; or
   (c)   For fixed location permits, that the number of proposed parking spaces is insufficient to ensure that the valet parking operation will not be required to use on-street parking spaces.
   Upon granting the fixed location permit or the annual special event permit, the Chief of Police shall forward the permit(s) to the Tax Collector who shall issue a license or licenses upon payment by the applicant of the license fee(s), as set forth in Section 2.27 of this Code. The license fee for this permit shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
(Added by Ord. 156-85, App. 3/28/85; amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
SEC. 1219.  PERMIT REVOCATION.
   The Chief of Police shall revoke a permit issued hereunder if, after a hearing on the matter, he or she finds that grounds exist which would have constituted just cause for refusal to issue such permit, that the permittee has repeatedly parked vehicles under its control in a manner contrary to law, or that the permittee has failed to comply with any requirements imposed by this ordinance or any rules and regulations issued by the Chief to carry out the purposes of this ordinance. Written notice of the revocation hearing, setting forth the time and place of hearing and a brief statement of the reason(s) for the proposed revocation, shall be served on or mailed to the permittee at the business address listed in the permit application no less than 10 days prior to the hearing.
(Added by Ord. 156-85, App. 3/28/85; Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 1220.  RULES AND REGULATIONS; ADDITIONAL REQUIREMENTS.
   The Chief of Police is hereby authorized to promulgate rules and regulations after noticed hearing to effectuate the purposes of this ordinance. Failure to comply with such rules and regulations, or with any other requirements imposed by this ordinance, shall constitute grounds for revocation of a permit.
   The permittee shall have the permit(s) required by this ordinance in its possession at the place where it is conducting any valet parking activity under the permit(s), and shall exhibit such permit(s) on demand of any peace officer.
   Upon the receipt of each motor vehicle accepted for valet parking, the permittee shall give to the vehicle owner or operator a claim check for the vehicle. The claim check shall show the corporation or business name of the permittee and shall explicitly state the terms and conditions under which the vehicle is being accepted. The permittee shall display the corporation or business name of the permittee, and the date and the street address of the event for which valet parking is being conducted in a clearly visible manner on the driver's side of each motor vehicle throughout the time that said vehicle is in the permittee's custody and control.
   The permittee shall, within 10 days of the change of the name of the permittee entity or the change in one or more partners or officers or in the ownership of 10 percent or more of the corporate stock, inform the Police Department, in writing, of such change.
(Added by Ord. 156-85, App. 3/28/85; Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 1221.  REQUIREMENTS FOR PERMITTEE'S EMPLOYEES.
   (a)   Every corporation, partnership or other business entity holding a valid or unrevoked permit under this ordinance shall maintain a continuously updated list of the names, residence addresses and current driver's license numbers of all of its employees who perform valet parking. Such list shall be maintained at the business address listed on the permit application, and shall be available for inspection and copying during business hours on demand of any peace officer.
   (b)   It shall be unlawful for any employee who has been convicted of any of the offenses listed in Section 1218(a) to perform valet parking.
   (c)   Every employee who performs valet parking shall wear conspicuously upon their person throughout every valet parking event a numbered badge to be provided by the permittee, of a type and design previously approved by the Chief of Police. The permittee shall maintain a record of the names of such employee issued such a badge and of the badge number assigned to each such employee, as part of the list required to be maintained under Subsection (a) above.
(Added by Ord. 156-85, App. 3/28/85; Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 1222.  CONFORMANCE WITH APPLICABLE LAWS.
   Nothing in this ordinance authorizes, the parking of motor vehicles by valet parking operators in a manner contrary to applicable state laws and local parking and traffic regulations.
(Added by Ord. 156-85, App. 3/28/85; Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 1223.  SEVERABILITY.
   If any of the provisions of Sections 1216 through 1222 or the application of such provisions to any person or circumstances shall be held invalid, the remainder of those sections or the application of such provisions to the persons or circumstances other than those to which it is held invalid shall not be affected thereby.
(Added by Ord. 156-85, App. 3/28/85; Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 1225.  [REDESIGNATED.]
(Added by Ord. 562-88, App. 12/27/88; Ord. 287-08, File No. 081340, App. 12/5/2008; redesignated as Sec. 976.1 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)
SEC. 1226.  [REDESIGNATED.]
(Added by Ord. 562-88, App. 12/27/88; Ord. 287-08, File No. 081340, App. 12/5/2008; redesignated as Sec. 976.2 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)
SEC. 1227.  [REDESIGNATED.]
(Added by Ord. 562-88, App. 12/27/88; Ord. 287-08, File No. 081340, App. 12/5/2008; redesignated as Sec. 976.3 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)
SEC. 1228.  [REDESIGNATED.]
(Added by Ord. 562-88, App. 12/27/88; Ord. 287-08, File No. 081340, App. 12/5/2008; redesignated as Sec. 976.4 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)
SEC. 1229.  [REDESIGNATED.]
(Added by Ord. 562-88, App. 12/27/88; Ord. 287-08, File No. 081340, App. 12/5/2008; redesignated as Sec. 976.5 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)
SEC. 1230.  [REDESIGNATED.]
(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 238-11 , File No. 111101, App. 12/15/2011, Eff. 1/14/2012; redesignated as Sec. 976.7 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)
SEC. 1235.  DEALERS IN SECOND-HAND AUTOMOBILES OR AUTOMOBILE ACCESSORIES REQUIRED TO KEEP RECORDS OF PURCHASES, AND SALES AND REPORT TO CHIEF OF POLICE.
   Every person, firm or corporation within the City and County of San Francisco engaged in the business of buying, selling, exchanging or dealing in used or secondhand magnetos, speedometers, equipment, storage batteries, parts of automobile or other automobile accessories of all kinds and description, shall keep a record of the purchase, sale, exchange or storage of such articles, which shall at all times be open to the inspection of the Chief of Police or any officer detailed by him and shall within 24 hours after the purchase, sale, exchange or acceptance for storage of such articles, make out and deliver to the Chief of Police a full and complete record of the purchase, sale, exchange, or acceptance for storage of such used or secondhand automobile, motor vehicle, motorcycle, equipment or automobile accessory.
   The said report shall contain the name and address of the person, firm or corporation from whom purchased, or taken in exchange or for storage or to whom sold, the make, state license number, motor number, body number, generator number, starter number, carburetor number, magneto number, storage battery number, transmission number, radiator number, and speedometer number, or any other mark of identification, make, size and serial number of each tire, including extra tires, style and seating capacity of all secondhand automobiles purchased, sold, exchanged or placed in storage; make, size and number of secondhand automobile tires; make and number of secondhand radiators, magnetos and speedometers, equipment, storage batteries, parts of automobile and all other accessories having a serial number, and such other information concerning said articles as may be necessary to prove ownership and identity of said used or secondhand automobiles, motor vehicles, motorcycles, equipment or automobile accessories.
   Said report shall be written in the English language in a clear and legible manner on blanks furnished by the Chief of Police.
(Added by Ord. 1.075, App. 10/11/38)
SEC. 1236.  BLANKS FURNISHED BY CHIEF OF POLICE.
   The Chief of Police shall cause such a number of blanks to be printed as may be necessary for that purpose and shall from time to time cause such additional blanks to be printed as may be required to carry out the provisions of Sections 1235 to 1238 of this Article.
(Added by Ord. 1.075, App. 10/11/38)
SEC. 1237.  PERMIT BY CHIEF OF POLICE – REVOCATION.
   Before any person, firm or corporation shall engage in the business of buying, selling, exchanging, storing or dealing in used or secondhand automobiles, motor vehicles, motorcycles, equipment, storage batteries and parts of automobiles or automobile accessories, he must make application to the Chief of Police for a permit therefor, which permit may be granted after a noticed public hearing and the payment of the license fee required by Section 1238 of this Article, or any other ordinance. The Chief of Police shall have the power to revoke said permit upon good cause being shown.
(Amended by Ord. 97-81, App. 2/26/81)
SEC. 1237.1.  FILING FEE.
   Every person desiring a permit pursuant to Section 1237 of this Article shall file an application with the Chief of Police upon a form provided by said Chief of Police and shall pay a filing fee.
(Added by Ord. 555-81, App. 11/12/81)
SEC. 1238.  LICENSE FEES.
   Every person, firm or corporation engaged in the business of buying, selling, exchanging, storing or dealing in used or secondhand automobiles or motor vehicle equipment, storage batteries, parts of automobiles or automobile accessories, shall pay an annual license fee to the City and County of San Francisco. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
(Amended by Ord. 555-81, App. 11/12/81; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
SEC. 1239.  AUTOMOBILE WRECKERS.
   It shall be unlawful to engage in the business of buying secondhand automobiles or other vehicles for the exclusive purpose of wrecking the same without first having obtained a permit therefor from the Chief of Police.
(Added by Ord. 555-81, App. 11/12/81)
SEC. 1239.1.  FILING FEES.
   Applications for automobile wreckers permits shall be filed with the Chief of Police on a form provided for said permit together with a nonrefundable fee.
(Added by Ord. 555-81, App. 11/12/81)
SEC. 1239.2.  LICENSE.
   Every person, firm or corporation engaged in the business of buying secondhand automobiles or other vehicles for the exclusive purpose of wrecking the same shall pay an annual license fee. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
(Added by Ord. 555-81, App. 11/12/81; amended by Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
SEC. 1267.  CLOSING-OUT SALES REGULATED.
   It shall be unlawful for any person, firm or corporation to sell, offer for sale, or expose for sale a stock of merchandise where the owner thereof or the creditors of said owners represent to the public that they are engaged in the closing out of said owner's business.
(Added by Ord. 8032, Series of 1939, App. 7/22/53)
SEC. 1268.  EXCEPTIONS.  PERMIT FROM CHIEF OF POLICE.  NUMBER OF DAYS OF SALES DESIGNATED.
   (a)   The provisions of Section 1267 shall not apply to any bona fide sale of a stock of merchandise where the owner thereof or the creditors of the owner are engaged in a legitimate and final closing out of the business, and such sale is on the premises where the business has been carried on for not less than one year immediately preceding such sale; provided, however, that no closing-out sale shall be conducted under the provisions of this Section unless a permit is first obtained from the Chief of Police.
   (b)   If the Chief of Police finds and determines that said sale and the business proposed to be closed out meet all the requirements of Subsection (a) hereof he shall grant the permit applied for.
      If the Chief of Police finds that the owner has not carried on the business on the same premises for a period of one year immediately preceding the sale but that the said owner has continuously conducted the same business in the City and County of San Francisco for a period of not less than one year immediately preceding the sale and that the other requirements of Subsection (a) are satisfied, he may, within his discretion, grant the said permit.
   (c)   The Chief of Police may designate the number of days that the said closing-out sale may be conducted and in no case shall the sale be advertised and represented as a closing-out sale for a period longer than 90 calendar days at any time; provided, that in no event shall any stock of merchandise be offered for sale or sold at said closing-out sale unless the same has been upon the premises of the owner for a period of not less than 90 days prior to filing of the application for the permit.
   (d)   Any advertising relating to said closing-out sale must include the number of the permit obtained from the Chief of Police.
(Added by Ord. 8032, Series of 1939, App. 7/22/53; amended by Ord. 212-88, App. 5/25/88)
SEC. 1269.  INVENTORY OF STOCK TO BE SUBMITTED TO CHIEF OF POLICE.
   (a)   In all cases where a closing-out sale is held under the provisions of Section 1268 of this Article, an inventory of the stock of merchandise on the premises which is to be sold at said closing-out sale must be made and submitted to the Chief of Police at the time of the filing of the application for a permit to conduct the sale.
      The inventory required by this Section must show the items of merchandise contained in the stock to be offered for sale on the premises at said closing-out sale, and the said applicant must make and subscribe an oath to be attached to the inventory that said inventory contains a true and itemized account of all property to be sold at said closing-out sale, that all of said merchandise so inventoried has been located on the premises for not less than 90 days immediately preceding the filing of said application, and that the same is a bona fide closing out of the business. No property or merchandise shall be sold under the provisions of Section 1268 of this Article except those items shown in the inventory provided for herein.
   (b)   Upon termination of said closing-out sale, whether at or prior to the termination of the permissible period prescribed in the permit issued under the provisions of Section 1268 of this Article, the permittee shall forward to the Chief of Police by mail or otherwise an itemized account of all sales made during said period. This itemized statement shall be subscribed by the permittee, and it shall be unlawful for any permittee to submit any false or fraudulent itemized statement to the Chief of Police.
(Added by Ord. 8032, Series of 1939, App. 7/22/53)
SEC. 1269.1.  FEES FOR PERMITS FOR CLOSING-OUT SALES.
   A fee will be charged by the Police Department for a permit described in Sections 1246 and 1268 of this Police Code as provided in Section 2.28 of this Code.
(Amended by Ord. 555-81, App. 11/12/81)
SEC. 1270.  SALE OF STOCK IN BULK. "IN BULK" DEFINED.
   The provisions of Sections 1267 to 1269, inclusive, shall not apply to the sale of a stock of merchandise in bulk by an assignee or trustee acting under a bona fide assignment for the benefit of creditors. For the purposes of this section a sale "in bulk" is defined as a sale of all or a substantial part of a stock of merchandise to a single purchaser.
(Added by Ord. 8032, Series of 1939, App. 7/22/53)
SEC. 1276. 
(Amended by Ord. 288-85, App. 6/6/85; repealed by Ord. 196-12 , File No. 120671, App. 9/24/2012, Eff. 10/24/2012)
SEC. 1279.  SECONDHAND DEALERS; DEFINITIONS.
   As used in this Article:
   (a)   "Secondhand Dealer" means a person engaging in, conducting, managing or carrying on the business of buying, selling, or otherwise dealing, in whole or in part, in Covered Secondhand Goods. The term does not include an Antique Dealer.
   (b)   "Covered Secondhand Goods" means secondhand tangible personal property that falls into one or more of the following categories:
      (1)   tangible personal property with a serial number or personalized initials or inscription, or which at the time it is acquired by the Secondhand Dealer, bears evidence of having had a serial number or personalized initials or inscription;
      (2)   electronic personal property, including but not limited to televisions, stereos, radios, digital music players, computers, computer monitors and other accessories, tablet computers and cell phones;
      (3)   firearms;
      (4)   jewelry and watches; but excluding jewelry and watches with a fair market value as a secondhand good of $40.00 or less;
      (5)   precious and semi-precious stones and imitation precious and semi-precious stones;
      (6)   musical instruments; and
      (7)   sterling silver flatware, utensils and services, individually or as a set.
   (c)   "Antique Dealer" means a person engaging in, conducting, managing or carrying on a business where Covered Secondhand Goods are sold at retail, but where at least 90 percent of the Covered Secondhand Goods available for purchase on July 1 of each year are more than 80 years old. A person claiming exemption from the requirement to obtain a Secondhand Dealer permit because the person is an Antique Dealer shall provide records and information as requested by the Chief of Police or designee to establish that the person is an Antique Dealer.
(Amended by Ord. 343-72, App. 11/29/72; Ord. 196-12 , File No. 120671, App. 9/24/2012, Eff. 10/24/2012)
SEC. 1279.1.  PERMIT FROM CHIEF OF POLICE; RULES AND REGULATIONS; DEFINITIONS.
   (a)   Before any person shall engage in the business of Secondhand Dealer, that person must apply to the Chief of Police for a permit therefor. The Chief may grant the permit application, and the applicant may receive a license from the Tax Collector upon the payment of the license fee. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
   (b)   The Chief of Police shall have the power to revoke said permit after hearing upon good cause being shown.
   (c)   The Chief of Police may adopt, after a noticed public hearing, such rules and regulations regarding Secondhand Dealers as will effectuate the purposes of this Article and are not in conflict therewith or in conflict with State laws regulating secondhand dealers. Unless otherwise specified therein, the rules and regulations shall become effective 10 days after adoption by the Chief of Police.
(Amended by Ord. 288-85, App. 6/6/85; Ord. 238-11 , File No. 111101, App. 12/15/2011, Eff. 1/14/2012; Ord. 196-12 , File No. 120671, App. 9/24/2012, Eff. 10/24/2012)
SEC. 1279.2. 
(Added by Ord. 8570, App. 3/26/70; amended by Ord. 238-11 , File No. 111101, App. 12/15/2011, Eff. 1/14/2012; repealed by Ord. 196-12 , File No. 120671, App. 9/24/2012, Eff. 10/24/2012)
SEC. 1279.3.  TRADE-IN DEALERS; DEFINITION; PERMIT.
   (a)   Definition. As used in this Article:
      "Trade-In Dealer" means a person who shall as his direct business activity engage in the sale of new items of goods, wares, merchandise or articles of any description and who during the course of the sale of said new items shall take in trade a used item but does not in said business activity engage in the purchase of used items of goods, wares, merchandise or articles of any description. Said "Trade-In Dealer" shall be of the following kind:
      (1)   Furniture and household goods;
      (2)   Radio and television and other electronic equipment;
      (3)   General.
   (b)   Permit Required. A "Trade-In Dealer" may, in lieu of the secondhand dealer's permit required by Section 1279.1 hereof, apply for and obtain a special permit from the Chief of Police to conduct a trade-in dealership in conjunction with his new sale operation. The license fee for a "Trade-In Dealer" permit shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
   (c)   Compliance with Provisions of Code. The holder of a trade-in permit shall comply with all the provisions of this Article pertaining to secondhand dealers.
(Added by Ord. 85-70, App. 3/26/70; amended by Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)