San Francisco County Municipal Code Art. 13.1 Junk Dealers – Permit and Regulation

Sec. 974.1. Definitions. Sec. 974.2. Collecting, Buying, Selling, or Disposing of Junk; Permit Required. Sec. 974.3. Application for Junk Dealer Permit. Sec. 974.4. Contents of Application. Sec. 974.7. Verification of Application. Sec. 974.8. Notice of Hearing. Sec. 974.9. Referral of Applications to Other Departments. Sec. 974.10-1. Issuance of Junk Dealers Permit. Sec. 974.11. Suspension or Revocation of Permit. Sec. 974.12. Name and Place of Business – Change of Location. Sec. 974.13. Transfer of Permit. Sec. 974.14-1. Operation of a Junk Dealer. Sec. 974.14-2. Prohibitions on Particular Purchases. Sec. 974.15. Holding Period Exemption. Sec. 974.16. Holding Period Exemption (Continued). Sec. 974.17. Holding Period Exemption (Continued).

Sec. 974.20. Computation of Time. Sec. 974.21. Penalty and Enforcement. Sec. 974.22. Suspension for Immediate Threat to Safety. Sec. 974.25. Severability.

(a) Except as otherwise specified in this section, the terms used in this Article, including "junk," "junk dealer," and "junk yard," shall have the same meaning as those terms are defined in California Business and Professions Code, Chapter 9, Article 3, Section 21600 et seq., including as those sections are hereafter amended. (b) Chief of Police. The Chief of the San Francisco Police Department, or designee. (c) Covered Crime(s). The crimes of assault, battery, burglary, robbery, theft including identity theft, receipt of stolen property, fraud, and any offense related to environmental crimes including the improper maintenance, disposal or release of hazardous materials, committed anywhere in the United States of America. (d) Hazardous Materials shall be those materials defined in San Francisco Health Code Article 21, Division 1, Section 1102. (e) 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 and County of San Francisco in actions where the City and County obtains an injunction and/or civil penalties or other monies under Section 974.21 et seq. or under State law. (Added by Ord. 136-75, App. 4/14/75; amended by Ord. 389-91, App. 10/31/91; Ord. 69-05, File No. 050178, App. 4/15/2005; Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013)

REQUIRED. (a) A person may collect, buy, sell or otherwise dispose of junk within the City and County of San Francisco only if that person holds a current and valid junk dealer permit, is an authorized agent of a junk dealer permittee, or falls within one of the enumerated exclusions in subsection (c) below. (b) It shall be unlawful for any person to engage in, conduct, or carry on the business of junk dealer in the City and County of San Francisco without first securing a permit therefor from the Chief of Police. (c) Exclusions. (1) A recycler, processor, recycling center, or noncertified recycler, as those terms are defined in Chapter 2 (commending with Section 14502) of Division 12.1 of the California Public Resources Code shall not be subject to the requirements of this Article, but shall be regulated by provisions of Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code; and (2) Persons excluded from the state law junk dealer requirements as described in California Business and Professions Code Section 21604. (d) As of June 30, 2013, all existing permits issued by the San Francisco Police Department to junk dealers under Police Code Sections 974.1 et seq. and to junk gatherers under Police Code Sections 895 et seq. shall expire. All persons wishing to conduct business in the City and County of San Francisco as a junk dealer after June 30, 2013, must apply for and obtain a new permit pursuant to this Article. (e) As of July 1, 2013, a junk dealer permit issued to a junk dealer operating in conjunction with a junk yard shall authorize the permittee to operate for one year from the date the Chief of Police issues the permit, unless the Chief of Police suspends or revokes the permit. As of July 1, 2013, all other junk dealer permits shall authorize the permittee to operate for two years from the date the Chief of Police issues the permit, unless the Chief of Police suspends or revokes the permit. Each junk dealer permit shall expire at the end of the applicable permitting period. Notwithstanding Section 2.10 of the Police Code, a permittee wishing to operate beyond the applicable permit term must renew the junk dealer permit before the existing permit expires. (f) After a noticed public hearing, the Chief of Police may adopt such rules and regulations to effect the purposes of this Article as are not in conflict therewith. (g) All junk dealers must post the junk dealer permit in a conspicuous place visible to the public within any junk yard or building used to conduct the business of a junk dealer. In addition all junk dealers must maintain a copy of the junk dealer permit in any vehicle used by the junk dealer and with any authorized agent. All junk dealer permits must be provided to law enforcement personnel for inspection upon request. (Added by Ord. 136-75, App. 4/14/75; amended by Ord. 389-91, App. 10/31/91; Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013)

The applicant for a permit to engage in, conduct, or carry on the business of junk dealer shall file an application on a form provided therefor by the Chief of Police and shall pay a filing fee, which shall not be refundable. (Amended by Ord. 555-81, App. 11/12/81)

The application for a junk dealer permit shall set forth the following information: (a) The proposed place of business and facilities therefor, including whether or not the applicant will engage in welding, use of a propane tank, or cutting torches operated by compressed gasses; (b) The business name and address of the applicant; (c) The name, residence address, and business contact information of an individual the applicant has authorized to serve as the point of contact for the application and any junk dealer permit the Chief of Police issues; (d) If the applicant is a corporation, partnership or other entity, the names and residence addresses of every officer and partner of the applicant, and every person with 10 percent or larger ownership interest in the applicant; (e) The name, residence address, and business contact information of each proposed authorized agent of the applicant, if any; (f) For all individuals listed in subsections (b), (c), (d), and (e) above, a list of each conviction of or plea of guilty or no contest to a Covered Crime in the ten years preceding the application, including the nature of the offense and the place and date of the conviction or plea; (g) A copy of a current and valid business registration certificate that the Office of the Treasurer and Tax Collector has issued to the applicant under Business and Tax Regulations Code Section 853. The name on the business registration certificate must match the name of the applicant on the application for the junk dealer permit; (h) If the applicant does not own the proposed place of business or facilities to be used in the junk dealer operations, the name, business address, and contact information of the owner, and documentation demonstrating the nature of the applicant's interest in the proposed place of business or facilities; and (i) Such other information as the Chief of Police deems necessary to investigate the applicant and the applicant's proposed place of business and business operation. (Added by Ord. 136-75, App. 4/14/75; amended by Ord. 69-05, File No. 050178, App. 4/15/2005 ; Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013)

(Added by Ord. 136-75, App. 4/14/75; repealed by Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013)

(Added by Ord. 136-75, App. 4/14/75; repealed by Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013)

Every application for a permit shall be verified as provided for in the California Code of Civil Procedures for the verification of pleadings. (Added by Ord. 136-75, App. 4/14/75)

When an application is filed for a permit pursuant to the provisions of this Article, the Chief of Police shall set a date for said hearing within a reasonable time from the date of the application. The Chief of Police shall cause to have posted on the premises in a conspicuous place a notice of such hearing and the type of business to be conducted therein at least 10 days prior to the hearing. The applicant shall maintain such notice on his premises. (Added by Ord. 136-75, App. 4/14/75; amended by Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013)

The Chief of Police, upon receiving an application to engage in, conduct or carry on the business of junk dealer, may refer the application for review and input from any applicable government agency as determined by the Chief of Police, including but not limited to the Department of Building Inspection, Fire Department, the Department of Public Health and to the City Planning Department. Upon referral from the Chief of Police, City departments shall inspect the premises proposed to be operated as a junk yard by the applicant or conduct any other requested review and shall make written recommendations to the Chief of Police. (Added by Ord. 136-75, App. 4/14/75; amended by Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013)

The Chief of Police may suspend or revoke any permit issued to a junk dealer and may withdraw approval to one or more authorized agents of a permittee after a hearing for cause. (a) Cause may include: (1) Violations of any of the provisions of this Article or conditions placed upon the permit, or any rules and regulations issued by the Chief of Police under Section 974.2(f), including violations by any authorized agent, where the permit holder knew or should have known of the violation; (2) Refusal to permit periodic and other inspections as provided for by Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code; (3) Violations of Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code relating to the operations of a junk dealer; (4) The premises are in violation of the San Francisco Municipal Code, including but not limited to the Building, Health, Fire, City Planning, and/or Police Codes; (5) Failure to maintain records and documentation as required by Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code; (6) Use of welding equipment, propane tanks, or cutting torches operated by compressed gasses without valid permits;

(7) The permittee, or any authorized agent of the permittee, has created, caused, or contributed to the creation or maintenance of a public nuisance in the operation of the junk dealer business; and (8) The permittee, or any authorized agent of the permittee, has operated the junk dealer business or junk yard in a manner contrary to the public interest, health, safety or welfare. (b) The standard of proof at the hearing shall be preponderance of the evidence. (c) The Chief of Police's decision to suspend or revoke a junk dealer permit or to withdraw approval for an authorized agent of a permittee shall be subject to the provisions outlined in San Francisco Business and Tax Regulations Code Section 31. (d) Notwithstanding Section 8(i)(5) of the Business and Tax Regulations Code, the filing of an appeal with the Board of Appeals from a decision of the Chief of Police to suspend or revoke a junk dealer permit or to withdraw approval for an authorized agent of a permittee shall not effect a suspension of the Chief of Police's action. (Added by Ord. 136-75, App. 4/14/75; amended by Ord. 69-05, File No. 050178, App. 4/15/2005 ; Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013)

No person granted a permit pursuant to the provisions of this Article shall operate under another name or in any location not specified on the permit. (Added by Ord. 136-75, App. 4/14/75; amended by Ord. 69-05, File No. 050178, App. 4/15/2005)

No permit issued pursuant to the provisions of this Article shall be transferred to any other person or to any other location without the written consent of the Chief of Police, provided, however, that upon the death or incapacity of the permittee the junk yard may continue for a reasonable period of time to allow for an orderly transfer of the permit. (Added by Ord. 136-75, App. 4/14/75)

The Chief of Police or a peace officer, or officers designated by the Chief of Police, may authorize a retention period of less than five working days for nonferrous metals or for those ferrous metals mentioned in Section 974.14-1(b)* purchased by the junk dealer after the officer's investigation and by endorsing in writing on the junk dealer's copy of the "Buy Book" form an authorization to release the metals hereinabove mentioned. (Added by Ord. 136-75, App. 4/14/75; amended by Ord. 69-05, File No. 050178, App. 4/15/2005)

• Editor's Note: Ordinance 2-13 amended the referenced Sec. 974.14-1(b), which formerly concerned ferrous metals, as shown above.

A junk dealer shall not be required to retain nonferrous metals or those ferrous metals mentioned in Section 974.14(b)* in the same condition as purchased or retain the said metals in his junk yard if said metals were purchased from a public utility or a government agency and payment is made for the metals by check drawn on an account of the junk dealer and made payable to the public utility company or government agency from which the metals hereinabove mentioned were purchased. (Added by Ord. 136-75, App. 4/14/75)

• Editor's Note: Ordinance 69-05 redesignated the referenced Sec. 974.14 as Sec. 974.14-1. Division (b) of that section formerly concerned ferrous metals but was amended to its current state by Ord. 2-13.

A junk dealer shall not be required to retain nonferrous metals or those ferrous metals mentioned in Section 974.14(b)* in the same condition as purchased or retain such material at his junk yard for a period of five working days if said metals were purchased from a firm having a fixed place of business and said firm has been at the same location for more than two years and payment is made to said firm by a check drawn on an account in the name of the junk dealer and made payable to the company from which the metals hereinabove mentioned were purchased. (Added by Ord. 136-75, App. 4/14/75)

• Editor's Note: See the Editor's Note following Sec. 974.16.

(Added by Ord. 136-75, App. 5/14/75; repealed by Ord. 69-05, File No. 050178, App. 4/15/2005)

(Added by Ord. 136-75, App. 4/14/75; repealed by Ord. 69-05, File No. 050178, App. 4/15/2005)

In computing the number of days for the retention of metal pursuant to the provisions of this Article, the day of purchase shall not be counted, nor shall Saturdays, Sundays or days declared to be holidays by Section 6700 or 6701 of the Government Code of the State of

California be counted. (Added by Ord. 136-75, App. 4/14/75)

(a) In addition to the remedies and enforcement mechanisms provided for by provisions of state and local law including Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code, the City Attorney may enforce the provisions of this Article through a civil action in any court of competent jurisdiction. (1) The City Attorney may apply to any court of competent jurisdiction for an order seeking injunctive relief to abate any nuisance caused by a failure to comply with this Article. (2) In any civil court action brought by the City Attorney to enforce this Article in which the City succeeds in obtaining any order from the Court, the City shall be entitled to recover from any and all applicable Persons all of its costs of investigation, enforcement, abatement, and litigation. (3) The Prevailing Party in any court action to abate a violation pursuant to this Article shall be entitled to reasonable attorneys' fees. (b) Nothing in this Article shall be interpreted as restricting or otherwise limiting the enforcement authority conferred upon other City employees, City agencies, or state agencies by other provisions of the Municipal Code or state law. (Added by Ord. 136-75, App. 4/14/75; amended by Ord. 69-05, File No. 050178, App. 4/15/2005 ; Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013)

If the Chief of Police determines based on reasonable cause that any business operated under a junk dealer permit poses an immediate threat to the safety of the employees or the public, the Chief shall have the authority to immediately suspend the permit and to immediately withdraw approval for an authorized agent. The Chief shall provide notice to the permit holder within one week of the suspension as to a date for a revocation hearing. The revocation hearing must be held within 45 days of the suspension or withdrawal of approval absent an agreement of the permit holder to voluntarily continue the hearing date and extend the period of suspension or withdrawal of approval. (Added by Ord. 136-75, App. 4/14/75; amended by Ord. 69-05, File No. 050178, App. 4/15/2005 ; Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013)

(Amended by Ord. 555-81, App. 11/12/81; Ord. 238-11 , File No. 111101, App. 12/15/2011, Eff. 1/14/2012; repealed by Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013)

(Added by Ord. 136-75, App. 4/14/75; repealed by Ord. 69-05, File No. 050178, App. 4/15/2005)

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 ineffective. (Added by Ord. 136-75, App. 4/14/75) ARTICLE 13.2

BICYCLE MESSENGER BUSINESSES

Sec. 975.1. Responsibility of Bicycle Messenger Business; Identification Required for Employees and Bicycles. Sec. 975.2. Responsibility of Bicycle-Riding Employees. Sec. 975.3. Register and Daily Log. Sec. 975.4. Penalty.

Every person, firm, partnership, joint venture, association or corporation which engages, either on behalf of itself or others, in delivering articles of any kind by bicycle, except newspaper businesses making deliveries by bicycle, shall require each of its bicycle-riding employees while making deliveries, or otherwise riding a bicycle on behalf of the business, to have on his or her person a current California Driver’s License or a California Identification Card issued by the Department of Motor Vehicles or a photo identification including name, residence address and date of birth, issued by said business for which the employee is making bicycle deliveries. Said business shall also provide identification of the business on its bicycles by affixing to the rear of each bicycle seat, and maintaining, in such a way as to be visible when the bicycle is in use, a sign with the business name and the bicycle’s individual identification number, in a print of 72-point height and Helvetica medium-face type. (Added by Ord. 287-08, File No. 081340, App. 12/5/2008; moved to Article 13.2 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)

Any person while making deliveries, or otherwise riding a bicycle on behalf of a business making deliveries by bicycle, shall comply with all requirements of Section 975.1. (Added by Ord. 287-08, File No. 081340, App. 12/5/2008; moved to Article 13.2 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)

Each business making deliveries by bicycle shall maintain a register of all bicycle-riding employees including each employee’s name, residence address, date of birth, photograph and individual bicycle identification number required in Section 975.1. Each such business shall also keep a daily log which lists the name of each messenger working that day and the bicycle number assigned to each messenger for that day. Such register and daily log shall be made available for inspection by a representative of any law enforcement agency at all times during regular business hours. (Added by Ord. 287-08, File No. 081340, App. 12/5/2008; moved to Article 13.2 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)

Any person, firm or corporation that violates any requirement of Sections 975.1-975.3 of this Code is guilty of an infraction, and shall be punished for the first offense by a fine not to exceed $50; for the second offense within one year from the date of the first offense, by a fine not to exceed $100; and for the third and each additional offense committed within one year of the date of first offense, by a fine not to exceed $250. (Added by Ord. 287-08, File No. 081340, App. 12/5/2008; moved to Article 13.2 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)