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 1060 et seq. or operating under an "Extended Hours Premises" permit issued pursuant to San Francisco Police Code Section 1070 et 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)