Loading...
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)
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)
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)
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)
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)
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)
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)
Loading...