San Diego Municipal Code Div. 1 General Provisions

(a) The occupations and businesses listed in this Article are subject to the City’s police power and are classified as “police-regulated.”

(b) All police-regulated occupations and businesses, and all persons conducting
or proposing to engage in a police-regulated occupation or business, are
subject to any investigation and regulation required by this Article as a
prerequisite to the granting of a police permit to conduct the occupation or
business.

(c) It is a misdemeanor for any person to operate a business or engage in an
occupation regulated by this Article without a police permit. The police
permit is in addition to any other license or permit required under any other
provisions of the San Diego Municipal Code, including the business tax
certificate in Chapter 3, Article 1, or any license or permit required by law.

(d) It is not a defense in any proceeding brought under this Article that a license
or permit was issued under some other provision of law, nor shall the issuance
of a permit under this Article be a defense to a violation under other sections
of this Code.
(“Police Regulated” retitled to “Certain Businesses and Occupations Police-
Regulated; Police Permit Required” and amended 11–20–2000 by O–18885 N.S.)
(Amended 11-8-2021 by O-21385 N.S.; effective 12-8-2021.)

(a) A separate police permit is required for each police regulated business activity carried on at a specific location, except for secondhand dealers and secondhand non-tangible personal property dealers, as defined in section 33.1101. Secondhand dealers and secondhand non-tangible personal property dealers are only required to obtain one permit per dealer; however, a copy of the permit must be posted in accordance with this Division.

Ch. Art. Div.
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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (12-2021)

(b) Unless otherwise stated, any person desiring to operate a police-regulated
business and to act in a police-regulated occupation must obtain permits to do
both.
(“Inspections and Authority of Peace Officers or Police Employees” renumbered to
Sec. 33.0103; “Separate Permits Required” added 11-20-2000 by O-18885 N.S.)
(Amended 11-25-2014 by O-20436 N.S.; effective 12-25-2014.)

(a) The Chief of Police shall conduct regular inspections of all police-regulated businesses only as reasonably necessary to ensure compliance with the provisions specific to the occupations or businesses listed in this Article. Unless authorized by state or federal law, inspections shall be limited to areas where business is conducted and the public areas of any police-regulated business. Inspections shall occur during the business’ normal operating hours.

(b) It is unlawful for any responsible person or employee to prevent the Chief of
Police from conducting an inspection.

(c) The right of reasonable inspection to enforce the provisions of this Article is a
condition of the issuance of a police permit. The applicant or permittee shall
acknowledge this right of inspection at the time of application. Refusal to
acknowledge this right of inspection is grounds for denial of the application.
The right of inspection includes the right to require identification from
responsible persons or employees on the premises. The refusal to allow
inspection upon reasonable demand or the refusal to show identification by
responsible persons or employees is grounds for the suspension, revocation, or
other regulatory action against the police permit.
(“Posting of Licenses or Permits” renumbered to Sec. 33.0105; “Inspections and
Authority of Peace Officers or Police Employees” renumbered from Sec. 33.0102 and
amended 11-20-2000 by O-18885 N.S.)
(Retitled from “Inspections and Authority of Peace Officers or Police Employees” to
“Inspections and Authority of the Chief of Police” and amended 11-8-2021 by
O-21385 N.S.; effective 12-8-2021.)

Ch. Art. Div. 3 3 1 2

San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (12-2021)

Pursuant to Penal Code section 836.5, a police code compliance officer is authorized to arrest without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence that is a violation of a statute or ordinance the police code compliance officer has the duty to enforce. (“Cost of Investigation and Fees” repealed; “Police Code Compliance Officer Arrest Authorization” added 11-20-2000 by O–18885 N.S.)

Except as otherwise provided by this Code, all police permits must be kept and posted in the following manner:

(a) Any permittee engaged in business at a fixed place of business shall keep the
police permit posted in a conspicuous place upon the premises where business
is conducted together with the permit or a copy of the permit for any person
required to be licensed under the provisions of this Article who is engaged in
a police-regulated occupation on the business premises.

(b) Any person engaged in business in the City of San Diego, but not operating
from a fixed place of business, shall keep his or her police permit upon their
person at all times while engaging in such business.

(c) When requested, each permittee shall exhibit the police permit to any peace
officer, or any individual who (1) is doing business with the permittee or, (2)
is considering doing business with the permittee, or (3) is seeking
employment with the permittee.
(“Construction and Enforcement” repealed; “Posting of Licenses or Permits”
renumbered from Sec. 33.0103, retitled to “Posting of Permits” and amended
11-20-2000 by O–18885 N.S.)

It is unlawful for any permittee to operate any police-regulated business or engage in any police-regulated occupation under any name or designation other than the name or designation on the police permit. This section does not preclude the use of stage names by persons issued police permits under Divisions 28 and 36. (“Transition Provisions” repealed; “Name of Business” added 11-20-2000 by O-18885 N.S.) (Amended 11-8-2021 by O-21385 N.S.; effective 12-8-2021.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (12-2021)

Whenever authorized by this Article, the Chief of Police may require a police- regulated business to employ security guards to provide crowd control. The Chief of Police will consider the following factors in determining the number of security guards that will be sufficient:

(a) the nature of the event;

(b) the number in attendance;

(c) the ages of the patrons;

(d) the potential for disorderly conduct;

(e) the nature of the surrounding neighborhood;

(f) the likelihood of interference from other sources or businesses in the area;

(g) the history of the permittee for maintaining order and complying with all
laws; and

(h) any other factors reasonably related to safety.

The Chief of Police may require security guards to be readily identifiable by their
attire.
(“Constitutionality and Severability” repealed; “Chief May Require Security
Guards”added 11-20-2000 by O–18885 N.S.)

Unless otherwise stated, whenever written notice from the City is required under this Article, it is sufficient to mail the notice via first class mail to the most recent address provided by the person. Such mail is presumed delivered five days after its postmark date. (“Mail Notice from City Authorized” added 11-20-2000 by O-18885 N.S.)

Ch. Art. Div. 3 3 1 4

San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (12-2021)

The City may not issue a permit to buy, sell, offer for sale, or peddle any goods, wares or merchandise in the City that are bought or sold by weight, unless the applicant for the permit has at the time of application filed a certificate from the County Sealer of Weights and Measures of San Diego County, California, stating that said County Sealer of Weights and Measures has examined and tested the scales proposed to be used by the applicant, and has found them to be accurate. (“Selling or Peddling by Weight; Certificate of Scales; Testing Required” added 11-20-2000 by O-18885 N.S.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses, (11-2000)

Article 3: Police Regulated Occupations and Businesses