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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)
(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)
(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)
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)
(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)
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)
(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.
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