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Only one permit for operation of the business of pawnbroking may be issued to any person or combination of persons, corporations or co-partnerships. Any person, corporation or co-partnership who presently holds more than one permit to operate the business of pawnbroking shall be exempt from this provision when filing for new permits under this Article.
(Added by Ord. 299-72, App. 10/19/72)
No person, firm, corporation, co-partnership or association shall engage in the business of pawnbroking or keep its place of business open or transact any business therein on any day except Monday through Friday between the hours of 8:00 a.m. and 6:30 p.m., and Saturday and Sunday between the hours of 8:00 a.m. and 7:30 p.m. No person, firm, corporation, co-partnership or association shall engage in the business of pawnbroking or keep its place of business open or transact business on any of the following days, New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
(Added by Ord. 299-72, App. 10/19/72; Ord. 103-06, File No. 060013, App. 5/19/2006; Ord. 111-06, File No. 060672, App. 5/19/2006)
Editor's note:
Ordinances 103-06 and 111-06 should be considered in tandem. Ordinance 103-06 amended Section 2809 to allow pawnbrokers to operate on Mondays following a holiday. Ordinance 111-06 amended Section 2809 to allow pawnbrokers to operate on Sundays. The Board of Supervisors consecutively passed both ordinances at the same session. The Mayor approved both ordinances on May 19, 2006.
Every person in the business of pawnbroking shall keep a record of all such articles sold or purchased, including the signature of the person selling the same, which shall be open to the inspection of the Chief of Police or, of any police officer, at all times during business hours.
(Added by Ord. 299-72, App. 10/19/72)
The Chief of Police shall cause blanks to be printed which shall be so subdivided that they shall have space for writing the following:
Description of the article purchased, description of the article sold, description of article otherwise dealt with, name and residence of person, firm or corporation from whom purchased, name and place of residence of person, firm or corporation to whom sold, name and place of residence of person, firm or corporation with whom otherwise dealt, showing true name as nearly as known, age, sex, complexion, color of mustache or beard, or where both are worn, style of dress, height, also the time when the articles were purchased, sold, or otherwise dealt with.
Said blanks shall also bear a caption providing blank spaces in which to fill in dates of said report, the name and place of residence of the person making the sale, and the hour of day when made.
(Added by Ord. 299-72, App. 10/19/72)
The Chief of Police shall cause said blanks to be delivered to the person from whom said reports are required, from time to time without charge, and shall upon receipt of said report file the same in some secure place in his office, and the same shall be open to inspection only to the Police Department of said City and County, or upon the order of some court of competent jurisdiction.
(Added by Ord. 299-72, App. 10/19/72)
Any person buying or receiving in pledge, or otherwise, any goods, wares, merchandise, or articles of any description, other than furniture and household goods, shall not in any way dispose of the same, but keep it on the premises for 20 days, for the inspection of the Chief of Police, or any other police officer except in cases of transactions when the true owner shall have redeemed, repurchased or recovered the article.
(Added by Ord. 299-72, App. 10/19/72)
Permits issued by the Chief of Police for the business of pawnbroking shall be limited by the following restrictions:
(a) One to an Assessor's Block.
(b) Two hundred feet from the property line of any church or school, as mentioned by a public thoroughfare.
(Added by Ord. 299-72, App. 10/19/72)
The Chief of Police may adopt after a noticed public hearing, rules and regulations supplemental to this Article and not in conflict therewith. The rules and regulations shall become effective 10 days after publication by the Chief of Police.
(Added by Ord. 299-72, App. 10/19/72)
The Chief of Police may suspend or revoke any permit issued hereunder if he finds, after a noticed public hearing, that any of the following conditions exist:
(a) Fraud, misrepresentation, or false statement contained in the application or permit.
(b) Violation of provisions of this Article, the San Francisco Municipal Code, Charter Section 3.537, or any of the laws of the State of California regulating the business of pawnbroking.
(c) Conviction of a felony.
(Added by Ord. 299-72, App. 10/19/72)
Every person who has received a permit to operate the business of pawnbroking shall pay to the Tax Collector 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.
(Amended by Ord. 555-81, App. 11/12/81; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
No permit shall be transferable except with the written consent of the Chief of Police. The application for such transfer shall contain the same information as requested herein for an initial application for such permit and shall be accompanied by the same filing fee as for an initial application. No permit shall be transferred, unless the revenue fee as provided in Section 2.29 of this Code shall have been paid to the Tax Collector.
(Amended by Ord. 555-81, App. 11/12/81)
All persons who possess an outstanding permit to operate the business of pawnbroking heretofore issued by the Police Department must file for a new permit within 90 days of the effective date of this Article. Failure so to do shall make continued operation of said place of business a violation of Section 2822 hereof. The Chief of Police shall issue new permits to all persons presently holding outstanding permits to operate a business of pawnbroking.
(Added by Ord. 299-72, App. 10/19/72)
Any person who violates any provision of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof such person shall be punished by a fine not to exceed $500 or by imprisonment in the County Jail for a period not to exceed six months or by both such fine and imprisonment.
(Added by Ord. 299-72, App. 10/19/72)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
(Added by Ord. 299-72, App. 10/19/72)
(Added by Ord. 66-91, App. 2/28/91; amended by Ord. 65-96, App. 2/9/96)
Editor's Note:
Former Sec. 2825 ("Moratorium on the Granting of Permits in the Mission and Ingleside Police Districts") expired by operation of its sunset provision on 1/15/2001.
Former Sec. 2825 ("Moratorium on the Granting of Permits in the Mission and Ingleside Police Districts") expired by operation of its sunset provision on 1/15/2001.