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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)
(Added by Ord. 8828, Series of 1939, App. 10/28/54)
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)
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)
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)
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