San Francisco County Municipal Code Art. 17 Miscellaneous License Regulations
San Francisco County Municipal Code · 2026-09 edition · updated 2026-10-05 · San Francisco County
Cite as: San Francisco County Municipal Code Article 17 · Text as of 2026-10-05
Sec. 1200. Sales by Public Outcry Regulated. Sec. 1201. Permit from Chief of Police – Procedure – Bond. Sec. 1202. Investigation by Chief of Police. Sec. 1203. Cancellation of Bond. Sec. 1204. Permit to be Operative for Stated Address Only; Change of Location; Addition of Unlicensed Persons to Partnership; License to be Nontransferable. Sec. 1205. Records to be Kept – Quarterly Reports to Police. Sec. 1206. Acts Prohibited. Sec. 1207. Grounds for Revocation of Permit. Sec. 1208. Blanks Furnished by Chief of Police. Sec. 1209. License Fee. 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. Sec. 1211. Renewal of Permits. Sec. 1212. Definition of Merchandising by Public Outcry. Sec. 1213. Exceptions. Sec. 1214. Penalties for Violations of Sections 1200 through 1212, Inclusive. Sec. 1215 Commercial Parking Permits. Sec. 1215.1 Application for Permit. Sec. 1215.2. Investigation, Hearing, and Issuance of Permits. Sec. 1215.3. Permit Revocation or Suspension. Sec. 1215.4. Rules; Insurance Requirements. Sec. 1215.5. Requirements for Permittee. Sec. 1215.6. Requirements Regarding Permittee's Employees.
Sec. 1215.7. Other Enforcement. Sec. 1216. Fixed Location Valet Parking and Special Event Valet Parking Permits. Sec. 1217. Application for Permits. Sec. 1218. Investigation, Hearing and Issuance of Permits. Sec. 1219. Permit Revocation. Sec. 1220. Rules and Regulations; Additional Requirements. Sec. 1221. Requirements for Permittee's Employees. Sec. 1222. Conformance With Applicable Laws. Sec. 1223. Severability. Sec. 1235. Dealers in Secondhand Automobiles or Automobile Accessories Required to Keep Records of Purchases, and Sales and Report to Chief of Police. Sec. 1236. Blanks Furnished by Chief of Police. Sec. 1237. Permit by Chief of Police – Revocation. Sec. 1237.1. Filing Fee. Sec. 1238. License Fees. Sec. 1239. Automobile Wreckers. Sec. 1239.1. Filing Fees. Sec. 1239.2. License. Sec. 1267. Closing-Out Sales Regulated. Sec. 1268. Exceptions. Permit from Chief of Police. Number of Days of Sales Designated. Sec. 1269. Inventory of Stock to be Submitted to Chief of Police. Sec. 1269.1. Fees for Permits for Closing-out Sales. Sec. 1270. Sale of Stock in Bulk. "In Bulk" Defined. Sec. 1279. Secondhand Dealers; Definitions. Sec. 1279.1. Permit from Chief of Police; Rules and Regulations; Definitions. Sec. 1279.3. Trade-In Dealers; Definition; Permit. Sec. 1282. Licensed Auctioneers Excepted. Sec. 1289. Discharge of Cannon Prohibited. Sec. 1289.1. License. Sec. 1290. Discharge of Fireworks Prohibited. Sec. 1291. Prohibiting Loitering While Carrying Concealed Weapons. Sec. 1292. Prohibiting the Sale, Transfer, or Possession of Spring-Blade, Switch-Blade, Snap-Blade Knives, or Other Similar Type Knives; Penalty Therefor. Sec. 1293. Prohibiting the Sale or Transfer of Knives to Minors Other Than by Parents or Guardians, Except for Table Knives and Knives Currently Prohibited from Sale under State Law; Penalties for Violation of This Section. Sec. 1295. Guides. Sec. 1297. Neighborhood-Restricted Liquor Licenses. Sec. 1298. Liquor License Conditions.
SEC. 1200. SALES BY PUBLIC OUTCRY REGULATED.¶
It shall be unlawful for any person, firm or corporation to sell, offer for sale, expose for sale or solicit offers to purchase any jewelry, watches, clocks, binoculars, optical instruments, cameras, luggage, leather goods, plastic goods, imitation leather goods, cigarette cases, compacts, mechanical pens and pencils, precious stones, semi-precious stones, gold, silver, platinum or plated ware, by public outcry addressed collectively to a group of three or more persons assembled for the purpose of conducting sales of any of the aforesaid articles in any enclosed store or premises in the City and County of San Francisco, without first obtaining a permit from the Chief of Police. It shall be unlawful to merchandise any of the aforesaid articles by means of public outcry on any of the streets or sidewalks of the City and County of San Francisco and the Chief of Police shall not issue a license for such purpose. (Added by Ord. 547-60, App. 11/30/60)
SEC. 1201. PERMIT FROM CHIEF OF POLICE – PROCEDURE – BOND.¶
Before receiving or acting upon any application for the granting of a permit to merchandise by means of public outcry any of the personal property described in Section 1200, the Chief of Police shall require: First, the payment of an application fee. Second, an application filed by the applicant, showing that the said applicant it to conduct his merchandising by public outcry activities at a fixed address. Said application for a permit must be signed by the applicant. If the applicant is a partnership, it must be signed by all members of the partnership; if application is a corporation, it must be signed by a duly authorized officer on behalf of the corporation. Where the applicant is a corporation or a partnership, the application must contain the names and addresses of all the corporation officers, or the partners, as the case may be. The said application shall be verified by the applicant. If the applicant is a partnership, the application shall be verified by a partner; if the applicant is a corporation, it shall be verified by one of its officers. Third, the application shall be published one day a week for four consecutive weeks in a newspaper of general circulation in the City and County of San Francisco. The applicant shall cause to be posted a notice of intention to merchandise any or all of the articles mentioned in Section 1200 by means of public outcry on the premises for which application for a permit is sought for a period of 30 days prior to issuance of any said permit. The notice shall be posted in two conspicuous places on said premises so as to be visible from the sidewalk for a distance of at least 50 feet therefrom. Fourth, every applicant at the time of making said application, and every person, firm or corporation who has heretofore been engaged and hereafter engages in merchandising by public outcry any or all personal property mentioned in Section 1200, shall file, within 30 days hereafter, and thereafter maintain, a bond in the sum of $10,000, which said bond shall run to the City and County of San Francisco and to any person, firm or corporation who shall sustain any injury covered by said bond. Such bond shall be executed by the person, firm or corporation seeking the permit hereunder as principal and by a corporation which is licensed by the Insurance Commissioner of this State to transact the business of fidelity and surety insurance as surety, or in lieu of said surety corporation bond, applicant may deposit either in cash or United States government bonds of the current market value in the sum of $10,000. The bond shall be conditioned that the principal will indemnify any and all persons, firms or corporations for any loss suffered by the misrepresentations of the principal as to the quality or worth of the goods offered for sale, lack of title to any of the said goods, breach of warranty of the merchantability or quality of any of the goods sold, or for falsely representing that the goods sold were part of stock in trade damaged by fire or the closing out of stock in trade of applicant or some other person, firm or corporation. Said bond shall, furthermore, be conditioned that said obligor herein will conform to and abide by the provisions of the San Francisco Municipal Code regulating merchandising by public outcry. Said bond shall not be void on the first recovery, but may be sued and recovered on from time to time by any persons aggrieved until the whole penalty is exhausted. Such bond shall remain in full force and effect until the permit of the principal is revoked or until the bond is canceled by the surety. The surety may cancel said bond and be relieved of further liability for causes of action arising thereafter by giving 15 days' written notice to the Chief of Police of the City and County of San Francisco and to the obligor at his last known place of business. The total aggregate liability on said bond shall be limited to $10,000. Any person, firm or corporation who sustains an injury covered by said bond may, in addition to any other remedy that he may have, bring an action in his own name on the bond for the recovery of any damage sustained by him; provided, however, that no such action may be brought and maintained after the expiration of one year from the time of the occurrence of any such alleged dishonest act or any breach of condition of said bond. Fifth, such application shall be accompanied by the signature of three resident freeholders, certifying to the good moral character and reputation of the applicant and of the person or persons making said application. At the time of filing such application, the applicant and all persons directly or indirectly interested in the permit if granted, including the members of any firm or copartner and the officers of any corporation, shall be fingerprinted by the Police Department, and if any such person shall be found to have a prior criminal record of committing any felony, theft, obtaining money or property by false pretense, embezzlement or violating any of the provisions of this Article or any other law regulating merchandising by public outcry, the application for such permit shall be denied. (Amended by Ord. 555-81, App. 11/12/81)
SEC. 1202. INVESTIGATION BY CHIEF OF POLICE.¶
Upon receipt of said application, as provided in the preceding section, the Chief of Police shall investigate the character and business of the applicant, and the location at which said applicant proposes to engage in the business as stated in said application. Upon compliance with the requirements set forth in Section 1201, the Chief of Police may issue a permit for expiration one year from the date of issuance; provided, however, that no permit may be issued to any applicant not of good character, good reputation and moral integrity; nor to any applicant proposing to conduct his business within a district not so permitted by the general zoning regulations of the City Planning Code of the City and County of San Francisco. The Chief of Police in his discretion may refuse to issue a permit to any person, firm or corporation who has heretofore violated any provision of this Code regulating merchandising by public outcry or to any applicant under charge thereof. Notwithstanding such discretion in the Chief of Police, where a revocation of permit has occurred, the Chief of Police may not grant a new permit to any such permittee for a period of two years following such revocation. The Chief of Police shall forward said permit to Tax Collector for delivery to the permittee upon the payment of the license fee hereinafter provided. (Added by Ord. 8828, Series of 1939, App. 10/28/54)
SEC. 1203. CANCELLATION OF BOND.¶
In the event that the bond filed in accordance with Section 1201 of this Article shall be canceled by the surety thereon, at any time, the obligor in whose favor such bond was filed shall, within 10 days after notice of such cancellation, file a new bond, and if such new bond is not filed within such period of 10 days, the permit shall be terminated as of the date of cancellation of said bond and be revoked thereupon without the requirement of action on the part of the Chief of Police or otherwise. (Added by Ord. 8828, Series of 1939, App. 10/28/54)
SEC. 1204. PERMIT TO BE OPERATIVE FOR STATED ADDRESS ONLY; CHANGE OF¶
LOCATION; ADDITION OF UNLICENSED PERSONS TO PARTNERSHIP; LICENSE TO BE NONTRANSFERABLE. A fee shall be charged for any application for a change of location of the place of business for which a permit has been granted to merchandise by public outcry. A permit granted to any applicant under the provisions of Sections 1200 to 1214 of this Article shall be nontransferable. No unlicensed person shall be admitted as a member of any partnership permitted to engage in business of merchandising by public outcry unless such person shall comply with all of the provisions of Sections 1200 to 1214 of this Article. Any permittee having at least one place of business may secure a permit for any additional location by filing an application in the form heretofore mentioned, furnishing an additional bond for each application for an additional location sought under the provisions of this Section and by complying with all the provisions of Sections 1200 through 1214, inclusive, of this Article. Only one person, firm or corporation may conduct the business of merchandising by public outcry any of the articles mentioned in Section 1200 at any one permitted location. (Amended by Ord. 555-81, App. 11/12/81)
SEC. 1205. RECORDS TO BE KEPT – QUARTERLY REPORTS TO POLICE.¶
The applicant from and after the granting of a permit to merchandise by public outcry shall at all times maintain an inventory of his stock in trade together with an itemization of cost price. On or before the 10th day of each and every third successive month following the granting of said permit, the applicant shall forward to the Chief of Police by registered mail, return receipt requested, or by personal service thereof, an itemized inventory of the stock in trade of said permittee as it existed on the first day of said month, together with an itemization of purchases made by the said permittee for the three month period preceding said inventory, and the cost of the article purchased. This itemized statement shall be subscribed by the permittee himself if permittee is an individual; by a general partner, if permittee is a copartnership, or, by one of its officers if permittee is a corporation. The parties subscribing the itemized statement must make and subscribe an oath to be attached thereto that said itemized statement contains a true and itemized account of the articles, together with their cost, constituting the inventory of permittee as of the date mentioned, and, in addition, a true statement of the purchases and their cost of articles added to permittee's stock in trade for the month preceding the date of inventory. (Added by Ord. 8828, Series of 1939, App. 10/28/54)
SEC. 1206. ACTS PROHIBITED.¶
It shall be unlawful for anyone merchandising by means of public outcry any of the articles mentioned in Section 1200, to grossly misrepresent the quality or worth of the articles offered for sale, or to falsely represent that the goods offered for sale are part of the stock in trade damaged by fire or closing out stock in trade of permittee of some other person, firm or corporation. (Added by Ord. 8828, Series of 1939, App. 10/28/54)
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)
SEC. 1215.1. APPLICATION FOR PERMIT.¶
New Ordinance Notice Publisher's Note: This section has been AMENDED by new legislation (Ord. 244-19 , approved 11/1/2019, effective 12/1/2019, operative 1/1/2023). The text of the amendment will be incorporated under the new section number when the amending legislation is effective. (a) Application Requirements. An applicant for a commercial parking permit shall use the application form the Chief of Police provides, and shall supply the following information: (1) The applicant's business name and address, and the address of the parking garage or parking lot for which the applicant seeks a commercial parking permit; (2) 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 commercial parking permit the Chief of Police issues; (3) 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; (4) The name and residence address of the individual whom the applicant has authorized to manage, direct, or control the operations of the parking garage or parking lot for which the applicant seeks a commercial parking permit; (5) For all individuals listed in subsections (2) through (4), 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, provided that the applicant shall not inquire about or acquire information in violation of Police Code Article 49; (6) If the applicant does not own the building, structure or space where the parking garage or parking lot for which the applicant seeks a commercial parking permit operates or will operate, the name, business address and contact information of the owner, and documentation demonstrating the nature of the applicant's interest in the building, structure or space; (7) 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 commercial parking permit; (8) A copy of a current and valid certificate of authority for the parking garage or parking lot for which the applicant seeks a commercial parking permit that the Office of the Treasurer and Tax Collector has issued to the applicant under Business and Tax Regulations Code Section 6.6-1, or documentation demonstrating that the applicant has applied to the Office of the Treasurer and Tax Collector for a certificate of authority for the parking garage or parking lot for which the applicant seeks a commercial parking permit and has obtained the bond required for that certificate. The name on the certificate of authority or on the application for a certificate of authority and bond must match the name of the applicant on the application for the commercial parking permit; (9) A copy of plans for the parking garage or parking lot for which the applicant seeks a commercial parking permit. The plans must include the name and business address of the applicant; the address of the parking garage or parking lot; the name and business address of the owner of the building, the structure or space where the garage or lot is located, if the applicant is not the owner; all pedestrian and vehicular entrances and exits to the garage or lot; the dimensions and types of construction of all structures, fences, or other improvements; any electric vehicle charging infrastructure required by Chapter 30 of the Environment Code; and any features that may affect street traffic; (10) The total motor vehicle capacity of the parking garage or parking lot for which the applicant seeks a permit, including the number of designed spaces and the motor vehicle capacity of all undesignated areas the applicant could use for overflow parking; (11) Certificates of insurance and endorsements evidencing insurance in the amounts and coverages the Chief of Police sets under Section 1215.4(b); (12) A list of all employees or other individuals working at the parking garage or parking lot, or whom the applicant proposes for employment or work at the parking garage or parking lot including for each individual the hours and duties of employment and the how long the individual has been employed by the applicant;1 (13) A declaration signed by the applicant under penalty of perjury certifying that the applicant has verified that in the preceding ten years, none of the employees or other individuals has been convicted of or pled guilty or no contest to a covered crime, provided that the applicant shall not inquire about or acquire information in violation of Police Code Article 49; or for any employee or other individual who the applicant knows has been convicted of or pled guilty or no contest to a covered crime in the preceding ten years, written authorization from the Chief of Police under Section 1215.6(b) allowing the employee or individual to work at the parking garage or parking lot; (14) A list of the residential zip codes of all employees or other individuals working at the parking garage or parking lot, or whom the applicant proposes for employment or work at the parking garage or parking lot, along with the number of individuals that live in each zip code. This list shall not identify which individuals reside in which zip codes. For purposes of this subsection, the term "residential zip code" shall mean the zip code where the individual primarily resides; (15) The total number of males and the total number of females working at the parking garage or parking lot, or whom the applicant proposes for employment or work at the parking garage or parking lot; (16) The proposed design of the identification badge for employees or other individuals working at the parking garage or parking lot for which the applicant seeks a permit; (17) A security plan for the parking garage or parking lot. The security plan must specify the hours of operation for the parking garage or parking lot and meet the requirements set in Section 1215.2(c). The security plan shall include a certification from the applicant that the applicant shall operate the parking garage or parking lot in compliance with the security plan for the duration of any commercial parking permit issued by the Chief of Police; (18) A statement as to whether the parking garage or parking lot must comply with Chapter 30
eet the requirements set in Section 1215.2(c). The security plan shall include a certification from the applicant that the applicant shall operate the parking garage or parking lot in compliance with the security plan for the duration of any commercial parking permit issued by the Chief of Police; (18) A statement as to whether the parking garage or parking lot must comply with Chapter 30 of the Environment Code, and if so, a description of how the parking garage or parking lot will comply with that Chapter; (19) The name and address of the person authorized to accept service of process for the applicant; and (20) Any other information that the Chief of Police finds reasonably necessary to investigate the application. (b) Fees. The applicant shall submit any filing fee with the application, as well as any fees for inspections or services provided by other City departments in investigating the application. (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. 20-14, File No. 131062, App. 3/14/2014, Eff. 4/13/2014; Ord. 244-19, File No. 190793, App. 11/1/2019, Eff. 12/02/2019, Oper. 1/1/2023) CODIFICATION NOTE
- So in Ord. 20-14.
SEC. 1215.2. INVESTIGATION, HEARING, AND ISSUANCE OF PERMITS.¶
(a) Complete Application. The Chief of Police may not accept an application for filing until it is complete. An application is not complete until the Chief of Police determines that it includes all information and documentation that Section 1215.1(a) requires. After determining that an application includes all required information and documentation, the Chief of Police shall accept the application for filing. (b) Investigation of Application. Once the Chief of Police accepts an application for filing, the Chief of Police shall conduct an appropriate investigation of the application. As part of the investigation, the Chief of Police shall make any necessary referrals to other City departments, including referrals to the Planning Department, Fire Department, Department of the Environment, and Department of Building Inspection for their determination of compliance with zoning, building, fire, and safety requirements. The Chief of Police may refer the application to the Municipal Transportation Authority for review of traffic impacts. The Chief of Police shall conduct a criminal history background check on the persons listed in Sections 1215.1(a)(2) through (4). (c) Security Plan. (1) The Chief of Police shall review the applicant's security plan to ensure that the plan meets the minimum requirements set in Subsection (c)(2) below and any additional requirements set by the Chief of Police in rules promulgated under Section 1215.4(a), and is reasonably calculated to protect individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot. The Chief's evaluation of the security plan shall consider all relevant factors including, but not limited to, the parking garage's or parking lot's location, size, hours of operation, proximity to an Entertainment Establishment, and history of incidents resulting in Police Department response in the two years before the date of the application. The Chief of Police may approve a security plan, or may specify alternate or additional security measures required for approval of the security plan. The Chief of Police shall disapprove any security plan that the Chief determines does not adequately address the safety of individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot, notwithstanding the compliance of the proposed security plan with the minimum requirements of Subsection (c)(2) below. The Chief of Police shall not issue a commercial parking permit for any parking garage or parking lot unless the Chief approves the security plan for that parking garage or parking lot. The Chief of Police may waive or alter the minimum requirements listed Subsection (c)(2) below if the Chief determines that the parking garage or parking lot has no history of criminal, nuisance, or public safety incidents in the previous two years. If, after the Chief grants a waiver or alteration of the minimum requirements listed in subsection (c)(2) below, a criminal, nuisance or public safety incident occurs, the Chief may revoke that waiver or alteration of the minimum requirements. (2) The security plan shall meet the following minimum requirements: (A) If any pedestrian or vehicular entrance or exit to the parking garage or parking lot is within 1000 feet of any entrance or exit to an Entertainment Establishment, provide for an attendant, security guard or other individual retained by the permittee to remain on site for any operating hours between 7:00 p.m. and 3:00 a.m. An attendant, security guard or other individual is not required on site if all vehicular entrances and exits to the parking garage or parking lot are closed and secured so that vehicles may not enter or exit the garage or lot. The phrase "1000 feet" in this Subsection (c)(2)(A) shall mean 1000 feet in all directions, including across a street, from any pedestrian or vehicular entrance or exit to the parking garage or parking lot; (B) Provide for measures to ensure that when the parking garage or parking lot is not open for business, the vehicular entrances and exits are closed and secured so that vehicles may not enter or exit the garage or lot; and (C) Identify the number, type, and location of all light sources located on the premises including lighting located within pedestrian stairwells and entrances and provide for at least the minimum lighting specified in Fire Code Section 5003.4. (3) The security plan may include additional measures to protect the safety of individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot, including, but not limited to, additional personnel, additional lighting, security cameras, emergency call boxes or phones, mirrors, barriers, and other physical improvements, or plans to close and secure one or more pedestrian or vehicular entrances or exits to the parking garage or parking lot for certain hours of operation. (4) If the parking garage or parking lot leases spaces to either a certified car-share organization as defined by Planning Code Section 166(b)(2) or to patrons who rent spaces on a long-term basis, the security plan must describe how those patrons will retain access during hours when the parking garage or parking lot is not open for business. (5) The authority of the Chief of Police to review and approve security plans for parking garages and parking lots does not restrict in any way the authority of the Entertainment Commission to place security requirements on any business with a Place of Entertainment or Extended Hours Premises permit. (d) Action on Application. The Chief of Police shall hear and decide the application within a reasonable time after accepting the applicati
view and approve security plans for parking garages and parking lots does not restrict in any way the authority of the Entertainment Commission to place security requirements on any business with a Place of Entertainment or Extended Hours Premises permit. (d) Action on Application. The Chief of Police shall hear and decide the application within a reasonable time after accepting the application for filing. In deciding the application, the Chief of Police may exercise sound discretion as to whether the permit should be granted or denied. The Chief of Police may consider the following: (1) Whether the parking garage or parking lot complies with applicable zoning, building, fire and safety requirements of the laws of the State of California and the City and County of San Francisco; (2) Any traffic impacts of the parking garage or parking lot; (3) Whether in the preceding ten years, the applicant or any person listed in Sections 1215.1(a)(2) through (4) has been convicted of or plead guilty or no contest to a covered crime, or has committed a covered crime. A conviction, plea or commission of a covered crime is not an automatic bar to granting the permit. The Chief of Police shall consider criminal history on a case-by-case basis with due consideration
given to the following factors: (a) the nature and gravity of the offense; (b) the time elapsed since the offense; (c) age at the time of the offense; (d) frequency of covered criminal offenses; (e) evidence of rehabilitation; and (f) any other mitigating circumstances; (4) Whether in the preceding ten years, the applicant or any person listed in Sections 1215.1(a)(2) through (4) has engaged in or committed any fraudulent or misleading business practices; (5) Whether the security plan, if necessary, meets the minimum requirements in Subsection (2)(c) above and any other requirement imposed by the Chief pursuant to 1215.2(c)(1), and is reasonably calculated to protect individuals and vehicles in the parking garage or parking lot and within 25 feet of any pedestrian or vehicular entrance or exit to the parking garage or parking lot; (6) Whether the application contains intentionally false or misrepresented information; and (7) Whether granting the permit is consistent with the public interest, health, safety, and welfare; and (8) Whether the parking garage or parking lot complies with Chapter 30 of the Environment Code concerning electric vehicle charging equipment. (e) Reporting. The Chief will make an annual report to the Entertainment Commission giving information regarding permits granted where the Chief of Police has waived or altered the minimum requirements listed in Subsection (c)(2) above. (Added by Ord. 219-10, File No. 100639, App. 8/12/2010; amended by Ord. 234-11, File No. 110993, App. 12/1/2011, Eff. 12/31/2011; Ord. 87-12 , File No. 111077, App. 5/14/2012, Eff. 6/13/2012; Ord. 244-19, File No. 190793, App. 11/1/2019, Eff. 12/02/2019, Oper. 1/1/2023)
SEC. 1215.3. PERMIT REVOCATION OR SUSPENSION.¶
(a) Discretionary Revocation or Suspension. The Chief of Police may revoke or suspend a commercial parking permit if, after a hearing on the matter, the Chief finds that: (1) Grounds exist that would have constituted a basis to deny the permit application; (2) The permittee has failed to operate the parking garage or parking lot in compliance with the security plan approved by the Chief of Police; (3) The permittee, or any employee or agent of the permittee, has created, caused, or contributed to the creation or maintenance of a public nuisance in the operation of the parking garage or parking lot; (4) The permittee, or any employee or agent of the permittee, has failed to comply with any requirements imposed by Sections 1215 through 1215.6, or any rules the Chief of Police issued under Section 1215.4(a); or (5) The permittee, or any employee or agent of the permittee, has operated the parking garage or parking lot in a manner contrary to the public interest, health, safety or welfare. (b) Mandatory Revocation or Suspension. The Chief of Police shall revoke or suspend a commercial parking permit, after a hearing on the matter, promptly upon receiving notice from: (1) The Office of the Treasurer and Tax Collector that it has revoked a permittee’s business registration certificate or certificate of authority, or has determined that the permittee, or any person listed in Sections 1215.1(a)(2) through (4), is not in compliance with the Business and Tax Regulations Code. If the Chief of Police suspends the permit, the Chief of Police shall continue the permit suspension until the Office of the Treasurer and Tax Collector notifies the Chief of Police that the Chief may end the suspension; or (2) The Department of the Environment that the permittee has failed to comply with Chapter 30 of the Environment Code concerning the installation of electric vehicle charging equipment. If the Chief of Police suspends the permit, the Chief of Police shall continue the permit suspension until the Department of the Environment provides notice that the permittee complies with Chapter 30 of the Environment Code. (c) Notice. The Chief of Police shall serve written notice of a revocation or suspension hearing on the permittee at the business address listed in the permit application, no fewer than 10 days before the hearing. The notice shall include the time and place of the hearing and a brief statement of the reasons for the proposed revocation or suspension. (d) Appeal. 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 revoke or suspend a commercial parking permit shall not effect a suspension of the Chief of Police's action. (e) Board of Appeal. On any appeal from a decision of the Chief of Police to revoke or suspend a commercial parking permit under Section 1215.3(b), consistent with the vital City policy regarding advance payment of disputed taxes and the exclusive remedies and procedures available to resolve tax disputes under Article 6 of the Business and Tax Regulations Code, the Board of Appeal shall have no jurisdiction to review any determination of the Office of the Treasurer and Tax Collector that the applicant, or any person listed in Sections 1215.1(a)(2) through (4), is not in compliance with the Business and Tax Regulations Code. Nor shall the Board of Appeal have jurisdiction
to review a decision of the Office of the Treasurer and Tax Collector to revoke a permittee's business registration certificate or certificate of authority. (f) Three-Year Ban. If the Chief of Police revokes a commercial parking permit, the permittee, and any person listed in Sections 1215.1(a)(2) through (4), may not apply for a commercial parking permit for three years from the date the Chief of Police revokes the permit. (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. 244-19, File No. 190793, App. 11/1/2019, Eff. 12/02/2019, Oper. 1/1/2023)
SEC. 1215.4. RULES; INSURANCE REQUIREMENTS.¶
(a) Rules. After a noticed hearing, the Chief of Police may promulgate rules to effectuate the purposes of Sections 1215 through 1215.6 or to facilitate the permit process. The Chief may promulgate rules that set additional requirements for security plans under this Subsection (a), but only after consultation with the Entertainment Commission Executive Director. (b) Insurance Requirements. In consultation with the City Risk Manager, the Chief of Police shall determine the insurance coverages and amounts necessary to protect members of the public using parking garages and parking lots, and the City and County of San Francisco and its officers, agents and employees, against injuries, damages, claims or liabilities arising from or related to the permit or to a permittee's operation of a parking garage or parking lot. The insurance shall include, at a minimum, (1) workers' compensation, with employer's liability limits not less than $1,000,000 each accident, but only if the permittee has employees as defined by the California Labor Code, (2) comprehensive general liability insurance with limits not less than $1,000,000 each occurrence, (3) comprehensive automobile liability insurance with limits not less than $1,000,000 each occurrence, and (4) garagekeeper's legal liability insurance with limits set based on the motor vehicle capacity of the parking garage or parking lot. The Chief of Police shall post the current insurance requirements at the location where applicants submit permit applications and on the Police Department website. In consultation with the City Risk Manager, the Chief of Police may review and revise the insurance requirements set under this Section. (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)
SEC. 1215.5. REQUIREMENTS FOR PERMITTEE.¶
(a) Insurance. Throughout the term of any commercial parking permit, a permittee shall maintain in force insurance in the coverages and amounts that the Chief of Police sets under Section 1215.4(b). (b) Posting. A permittee shall post a copy of the commercial parking permit at the permitted parking garage or parking lot, in a conspicuous place visible to the public. (c) Name and Other Changes. Within 10 days of any change in the name of a permittee, or any change in any partner or officer of a permittee, in the ownership of 10 percent or larger of a permittee, or in the individual whom a permittee has authorized to manage, direct or control the operations of the permitted parking garage or parking lot, a permittee shall provide written notice to the Police Department specifying the change. (d) Change in Ownership. If during the term of a commercial parking permit a permittee's ownership changes by 25 percent or larger, the permittee's commercial parking permit shall immediately terminate by operation of law. The permittee shall apply for a new commercial parking permit for each parking garage or parking lot the permittee operates, and shall pay any required fees. A permittee may apply for a new commercial parking permit in advance of an ownership change of 25 percent or greater, to preserve continuity of operations at the parking garages and parking lots the permittee operates. (e) Records. A permittee shall maintain records regarding operations of the parking garage or parking lot for which the Chief of Police issued the commercial parking permit at the business address specified in the permit application, and shall make those records available for inspection and copying during business hours on demand of any peace officer. (Added by Ord. 219-10, File No. 100639, App. 8/12/2010)
SEC. 1215.6. REQUIREMENTS REGARDING PERMITTEE'S EMPLOYEES.¶
(a) List of Employees. A permittee shall maintain a continuously updated list of the names, residence addresses and current driver's license numbers of all employees or other individuals working at the parking garage or parking lot for which the Chief of Police issued a commercial parking permit. A permittee shall maintain the list at the business address listed on the permit application, and shall make the list available for inspection and copying during business hours on demand of any peace officer. (b) Criminal History. Except with the prior written authorization of the Chief of Police, a permittee shall not allow any employee or other individual to work at a permitted parking garage or parking lot if, in the preceding ten years, the employee or individual has been convicted of or has plead guilty or no contest to any covered crime. The Chief of Police shall evaluate on a case-by-case basis any request for authorization for an employee or other individual who has been convicted of or has plead guilty or no contest to any covered crime in the preceding ten years to work at the permitted parking garage or parking lot. In determining a request for authorization, the Chief of Police shall give due consideration to the factors in Section 1215.2(c)(3). The term of any written authorization of the Chief of Police may not
exceed two years. (c) Identification Badge. Every employee or other individual who works at a parking garage or parking lot shall wear conspicuously upon his or her person an identification badge that the permittee provides, of a type and design that the Chief of Police has approved. (Added by Ord. 219-10, File No. 100639, App. 8/12/2010)
SEC. 1215.7. OTHER ENFORCEMENT.¶
(a) In addition to the remedies and enforcement mechanism provided above. the City Attorney may enforce the provisions ofSections 1215 through 1215.6 through a civil action in any court of competent jurisdiction. (b) 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 Sections 1215 through 1215.6. (c) In any civil court action brought by the City Attorney to enforce Sections 1215 through 1215.6 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. (d) The Prevailing Party in any court action to abate a violation pursuant to Sections 1215 through 1215.6 shall be entitled to reasonable attorneys' fees. (e) Nothing in Sections 1215 through 1215.6 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. 87-12 , File No. 111077, App. 5/14/2012, Eff. 6/13/2012)
SEC. 1216. FIXED LOCATION VALET PARKING AND SPECIAL EVENT VALET PARKING¶
PERMITS. No corporation, partnership or other business entity or employee thereof may solicit the storage or parking of any motor vehicle for which a parking space may or may not be rented unless the corporation, partnership or business entity holds a valid valet parking permit issued by the Chief of Police; notwithstanding the foregoing provision, a governmental entity that solicits the storage or parking of any motor vehicle for which a parking space mayor may not be rented is not required to obtain a valid valet parking permit issued by the Chief of Police, provided that all persons engaged by the governmental entity to perform said activities are employees of the governmental entity. (a) A fixed location valet parking permit shall be required for any valet parking operator who performs valet parking services at a restaurant or other place of public assembly which utilizes valet parking services on a daily or regularly scheduled basis. Any location which uses valet parking services more than once each week and more than 52 times per year requires a fixed location permit. Application for location valet parking permits shall include verification by the owner of an off-street parking garage or lot that a specified number of parking spaces will be guaranteed for the use of the applicant. A holder of a fixed location valet parking permit may assess the owner or operator of a motor vehicle which it accepts for valet parking a reasonable fee for its services; provided, that the person who has hired the permittee has agreed in writing that fees may be charged of such owners and operators, that the permittee meets all applicable parking tax obligations which may be connected with such charges, and further provided, that the permittee shall provide each such owner and operator with advance notice of the applicable fees to be charged. (b) An annual special event valet parking permit shall be required of any valet parking operator who performs valet parking services at locations other than those defined as fixed locations in Subdivision (a) of this Section. Special event valet parking permit holders shall provide the appropriate Police Department District Station(s) with seven days' advance written notice of the location, date and hours of each special event valet parking operation for which a permit is requested, or, if seven days' notice is impossible, the permit holders shall notify the District Station(s) as soon after the permit holder's services are engaged for any event as is possible. The District Station Captain shall have the right to prohibit the use of a special event valet parking permit at a given location if he or she finds that there are insufficient on-street parking spaces in the locale and the permit holder has presented no adequate plan to park the vehicles legally. There shall be no appeal from the Captain's denial unless the notice of an intended event at a particular location has been given at least twenty days before the event, in which case appeal shall lie only to the Chief of Police, or his or her designate. No holder of a special event valet parking permit may require any payment from vehicle operators for valet parking services. (Added by Ord. 156-85, App. 3/28/85; amended by Ord. 287-08, File No. 081340, App. 12/5/2008 ; Ord. 5-13 , File No. 121064, App. 1/24/2013, Eff. 2/23/2013)
SEC. 1217. APPLICATION FOR PERMITS.¶
Applications for fixed location valet parking and special event valet parking permits shall be made upon application forms provided by the
Chief of Police, and shall be accompanied by any required filing fee, and shall state: (1) the business name and address of the applicant; (2) the names and residence address of every officer or partner, and of every owner of 10 percent or more of the applicant; (3) all felony criminal offenses for which the persons in Subsection (2) above have been convicted, including the nature of the offense and the place and date of the conviction; (4) the identifying number of the applicant's San Francisco business license; (5) for fixed location permits, the location of the business at which the valet parking services will be performed, the off-street parking location at which vehicles will be parked and the number of parking spaces available at that location; and (6) any other information as the Chief of Police finds reasonably necessary to effectuate the purposes of this ordinance. The applicant shall meet the following insurance requirements throughout the term of any issued under this ordinance: (a) Workers' Compensation, with Employers Liability limits not less than $1,000,000 each accident, but only if permittees have employees as defined by the California Labor Code. (b) Comprehensive General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations Coverages. (c) Comprehensive Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit Bodily Injury and Property Damage, including owned, nonowned and hired auto coverages, as applicable. (d) Garagekeepers' Legal Liability Insurance, including coverages for fire and explosion, theft of the entire motor vehicle, riot, civil commotion, malicious mischief and vandalism, collision or upset with coverage limits to be determined by the average number of vehicles an applicant parks on any given day in accordance with the following schedule:
0-10 vehicles $100,000 limit of coverage 11-15 vehicles $150,000 limit of coverage 16-20 vehicles $200,000 limit of coverage 21-25 vehicles $250,000 limit of coverage 26-30 vehicles $300,000 limit of coverage 31-35 vehicles $350,000 limit of coverage 36-40 vehicles $400,000 limit of coverage 41-45 vehicles $450,000 limit of coverage 46+ vehicles $500,000 limit of coverage
Comprehensive General Liability, Comprehensive Automobile Liability and Garagekeepers' Legal Liability Insurance policies shall be endorsed to provide the following: (1) Name as Additional Insureds the City and County of San Francisco, its officers, agents, employees and members of commissions. (2) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of activities conducted under the permit, and that insurance applies separately to each insured against whom claim is made or suit is brought. All policies shall be endorsed to provide that 30 days' advance written notice to the City of cancellation, nonrenewal or reduction in coverage, shall be mailed to the following address: CHIEF OF POLICE Hall of Justice 850 Bryant Street San Francisco, CA 94103 Certificates of insurance, satisfactory to the City, evidencing all coverages above shall be furnished to the City prior to issuance of a permit and renewal of a license or before commencing any operations under a permit, with complete copies of policies furnished to the City upon request. (Added by Ord. 156-85, App. 3/28/85; amended by Ord. 418-87, App. 10/23/87; Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 1218. INVESTIGATION, HEARING AND ISSUANCE OF PERMITS.¶
The Chief of Police shall investigate all applications and without unnecessary delay shall thereafter hear the application and then grant the application unless he or she finds: (a) That any owner, officer or partner of the applicant within four years prior to the date of application, has been convicted of burglary, robbery, 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, or any offense related to the use of alcohol, narcotics or controlled
substances; or
(b) That any owner, officer or partner of the applicant has intentionally falsified any statement contained in the application; or
(c) For fixed location permits, that the number of proposed parking spaces is insufficient to ensure that the valet parking operation will
not be required to use on-street parking spaces.
Upon granting the fixed location permit or the annual special event permit, the Chief of Police shall forward the permit(s) to the Tax
Collector who shall issue a license or licenses upon payment by the applicant of the license fee(s), as set forth in Section 2.27 of this Code.
The license fee for this permit 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.*
(Added by Ord. 156-85, App. 3/28/85; amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
SEC. 1219. PERMIT REVOCATION.¶
The Chief of Police shall revoke a permit issued hereunder if, after a hearing on the matter, he or she finds that grounds exist which would have constituted just cause for refusal to issue such permit, that the permittee has repeatedly parked vehicles under its control in a manner contrary to law, or that the permittee has failed to comply with any requirements imposed by this ordinance or any rules and regulations issued by the Chief to carry out the purposes of this ordinance. Written notice of the revocation hearing, setting forth the time and place of hearing and a brief statement of the reason(s) for the proposed revocation, shall be served on or mailed to the permittee at the business address listed in the permit application no less than 10 days prior to the hearing. (Added by Ord. 156-85, App. 3/28/85; Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 1220. RULES AND REGULATIONS; ADDITIONAL REQUIREMENTS.¶
The Chief of Police is hereby authorized to promulgate rules and regulations after noticed hearing to effectuate the purposes of this ordinance. Failure to comply with such rules and regulations, or with any other requirements imposed by this ordinance, shall constitute grounds for revocation of a permit. The permittee shall have the permit(s) required by this ordinance in its possession at the place where it is conducting any valet parking activity under the permit(s), and shall exhibit such permit(s) on demand of any peace officer. Upon the receipt of each motor vehicle accepted for valet parking, the permittee shall give to the vehicle owner or operator a claim check for the vehicle. The claim check shall show the corporation or business name of the permittee and shall explicitly state the terms and conditions under which the vehicle is being accepted. The permittee shall display the corporation or business name of the permittee, and the date and the street address of the event for which valet parking is being conducted in a clearly visible manner on the driver's side of each motor vehicle throughout the time that said vehicle is in the permittee's custody and control. The permittee shall, within 10 days of the change of the name of the permittee entity or the change in one or more partners or officers or in the ownership of 10 percent or more of the corporate stock, inform the Police Department, in writing, of such change. (Added by Ord. 156-85, App. 3/28/85; Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 1221. REQUIREMENTS FOR PERMITTEE'S EMPLOYEES.¶
(a) Every corporation, partnership or other business entity holding a valid or unrevoked permit under this ordinance shall maintain a continuously updated list of the names, residence addresses and current driver's license numbers of all of its employees who perform valet parking. Such list shall be maintained at the business address listed on the permit application, and shall be available for inspection and copying during business hours on demand of any peace officer. (b) It shall be unlawful for any employee who has been convicted of any of the offenses listed in Section 1218(a) to perform valet parking. (c) Every employee who performs valet parking shall wear conspicuously upon their person throughout every valet parking event a numbered badge to be provided by the permittee, of a type and design previously approved by the Chief of Police. The permittee shall maintain a record of the names of such employee issued such a badge and of the badge number assigned to each such employee, as part of the list required to be maintained under Subsection (a) above. (Added by Ord. 156-85, App. 3/28/85; Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 1222. CONFORMANCE WITH APPLICABLE LAWS.¶
Nothing in this ordinance authorizes, the parking of motor vehicles by valet parking operators in a manner contrary to applicable state laws and local parking and traffic regulations. (Added by Ord. 156-85, App. 3/28/85; Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 1223. SEVERABILITY.¶
If any of the provisions of Sections 1216 through 1222 or the application of such provisions to any person or circumstances shall be held invalid, the remainder of those sections or the application of such provisions to the persons or circumstances other than those to which it is held invalid shall not be affected thereby. (Added by Ord. 156-85, App. 3/28/85; Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 1225. [REDESIGNATED.]¶
(Added by Ord. 562-88, App. 12/27/88; Ord. 287-08, File No. 081340, App. 12/5/2008; redesignated as Sec. 976.1 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)
SEC. 1226. [REDESIGNATED.]¶
(Added by Ord. 562-88, App. 12/27/88; Ord. 287-08, File No. 081340, App. 12/5/2008; redesignated as Sec. 976.2 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)
SEC. 1227. [REDESIGNATED.]¶
(Added by Ord. 562-88, App. 12/27/88; Ord. 287-08, File No. 081340, App. 12/5/2008; redesignated as Sec. 976.3 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)
SEC. 1228. [REDESIGNATED.]¶
(Added by Ord. 562-88, App. 12/27/88; Ord. 287-08, File No. 081340, App. 12/5/2008; redesignated as Sec. 976.4 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)
SEC. 1229. [REDESIGNATED.]¶
(Added by Ord. 562-88, App. 12/27/88; Ord. 287-08, File No. 081340, App. 12/5/2008; redesignated as Sec. 976.5 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)
SEC. 1230. [REDESIGNATED.]¶
(Added by Ord. 562-88, App. 12/27/88; amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 238-11 , File No. 111101, App. 12/15/2011, Eff. 1/14/2012; redesignated as Sec. 976.7 by Ord. 201-17, File No. 161065, App. 10/5/2017, Eff. 11/4/2017, Oper. 2/2/2018)
SEC. 1235. DEALERS IN SECOND-HAND AUTOMOBILES OR AUTOMOBILE¶
ACCESSORIES REQUIRED TO KEEP RECORDS OF PURCHASES, AND SALES AND REPORT TO CHIEF OF POLICE. Every person, firm or corporation within the City and County of San Francisco engaged in the business of buying, selling, exchanging or dealing in used or secondhand magnetos, speedometers, equipment, storage batteries, parts of automobile or other automobile accessories of all kinds and description, shall keep a record of the purchase, sale, exchange or storage of such articles, which shall at all times be open to the inspection of the Chief of Police or any officer detailed by him and shall within 24 hours after the purchase, sale, exchange or acceptance for storage of such articles, make out and deliver to the Chief of Police a full and complete record of the purchase, sale, exchange, or acceptance for storage of such used or secondhand automobile, motor vehicle, motorcycle, equipment or automobile accessory. The said report shall contain the name and address of the person, firm or corporation from whom purchased, or taken in exchange or for storage or to whom sold, the make, state license number, motor number, body number, generator number, starter number, carburetor number, magneto number, storage battery number, transmission number, radiator number, and speedometer number, or any other mark of identification, make, size and serial number of each tire, including extra tires, style and seating capacity of all secondhand automobiles purchased, sold, exchanged or placed in storage; make, size and number of secondhand automobile tires; make and number of secondhand radiators, magnetos and speedometers, equipment, storage batteries, parts of automobile and all other accessories having a serial number, and such other information concerning said articles as may be necessary to prove ownership and identity of said used or secondhand automobiles, motor vehicles, motorcycles, equipment or automobile accessories.
Said report shall be written in the English language in a clear and legible manner on blanks furnished by the Chief of Police. (Added by Ord. 1.075, App. 10/11/38)
SEC. 1236. BLANKS FURNISHED BY CHIEF OF POLICE.¶
The Chief of Police shall cause such a number of blanks to be printed as may be necessary for that purpose and shall from time to time cause such additional blanks to be printed as may be required to carry out the provisions of Sections 1235 to 1238 of this Article. (Added by Ord. 1.075, App. 10/11/38)
SEC. 1237. PERMIT BY CHIEF OF POLICE – REVOCATION.¶
Before any person, firm or corporation shall engage in the business of buying, selling, exchanging, storing or dealing in used or secondhand automobiles, motor vehicles, motorcycles, equipment, storage batteries and parts of automobiles or automobile accessories, he must make application to the Chief of Police for a permit therefor, which permit may be granted after a noticed public hearing and the payment of the license fee required by Section 1238 of this Article, or any other ordinance. The Chief of Police shall have the power to revoke said permit upon good cause being shown. (Amended by Ord. 97-81, App. 2/26/81)
SEC. 1237.1. FILING FEE.¶
Every person desiring a permit pursuant to Section 1237 of this Article shall file an application with the Chief of Police upon a form provided by said Chief of Police and shall pay a filing fee. (Added by Ord. 555-81, App. 11/12/81)
SEC. 1238. LICENSE FEES.¶
Every person, firm or corporation engaged in the business of buying, selling, exchanging, storing or dealing in used or secondhand automobiles or motor vehicle equipment, storage batteries, parts of automobiles or automobile accessories, shall pay an annual license fee to 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.* (Amended by Ord. 555-81, App. 11/12/81; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
SEC. 1239. AUTOMOBILE WRECKERS.¶
It shall be unlawful to engage in the business of buying secondhand automobiles or other vehicles for the exclusive purpose of wrecking the same without first having obtained a permit therefor from the Chief of Police. (Added by Ord. 555-81, App. 11/12/81)
SEC. 1239.1. FILING FEES.¶
Applications for automobile wreckers permits shall be filed with the Chief of Police on a form provided for said permit together with a nonrefundable fee. (Added by Ord. 555-81, App. 11/12/81)
SEC. 1239.2. LICENSE.¶
Every person, firm or corporation engaged in the business of buying secondhand automobiles or other vehicles for the exclusive purpose of wrecking the same shall pay 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.*
(Added by Ord. 555-81, App. 11/12/81; amended by Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
SEC. 1267. CLOSING-OUT SALES REGULATED.¶
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)
SEC. 1268. EXCEPTIONS. PERMIT FROM CHIEF OF POLICE. NUMBER OF DAYS OF¶
SALES DESIGNATED. (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)
SEC. 1269. INVENTORY OF STOCK TO BE SUBMITTED TO CHIEF OF POLICE.¶
(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)
SEC. 1269.1. FEES FOR PERMITS FOR CLOSING-OUT SALES.¶
A fee will be charged by the Police Department for a permit described in Sections 1246 and 1268 of this Police Code as provided in Section 2.28 of this Code.
(Amended by Ord. 555-81, App. 11/12/81)
SEC. 1270. SALE OF STOCK IN BULK. "IN BULK" DEFINED.¶
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) SEC. 1276. (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)
SEC. 1279. SECONDHAND DEALERS; DEFINITIONS.¶
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)
SEC. 1279.1. PERMIT FROM CHIEF OF POLICE; RULES AND REGULATIONS;¶
DEFINITIONS.
(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.
(Amended by Ord. 288-85, App. 6/6/85; Ord. 238-11 , File No. 111101, App. 12/15/2011, Eff. 1/14/2012; Ord. 196-12 , File No. 120671, App. 9/24/2012, Eff. 10/24/2012)
SEC. 1279.2. <!-- page 4969 -->¶
(Added by Ord. 8570, App. 3/26/70; amended by Ord. 238-11 , File No. 111101, App. 12/15/2011, Eff. 1/14/2012; repealed by Ord. 196-12 , File No. 120671, App. 9/24/2012, Eff. 10/24/2012)
SEC. 1279.3. TRADE-IN DEALERS; DEFINITION; PERMIT.¶
(a) Definition. As used in this Article: "Trade-In Dealer" means a person who shall as his direct business activity engage in the sale of new items of goods, wares, merchandise or articles of any description and who during the course of the sale of said new items shall take in trade a used item but does not in said business activity engage in the purchase of used items of goods, wares, merchandise or articles of any description. Said "Trade-In Dealer" shall be of the following kind: (1) Furniture and household goods; (2) Radio and television and other electronic equipment; (3) General. (b) Permit Required. A "Trade-In Dealer" may, in lieu of the secondhand dealer's permit required by Section 1279.1 hereof, apply for and obtain a special permit from the Chief of Police to conduct a trade-in dealership in conjunction with his new sale operation. The license fee for a "Trade-In Dealer" permit 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.* (c) Compliance with Provisions of Code. The holder of a trade-in permit shall comply with all the provisions of this Article pertaining to secondhand dealers. (Added by Ord. 85-70, App. 3/26/70; amended by Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012) SEC. 1280. (Added by Ord. 555-81, App. 11/12/81; repealed by Ord. 196-12 , File No. 120671, App. 9/24/2012, Eff. 10/24/2012)
SEC. 1280.1. (Added by Ord. 555-81, App. 11/12/81; repealed by Ord. 196-12 , File No.…¶
SEC. 1281. (Amended by Ord. 91-62, App. 4/5/62; repealed by Ord. 196-12 , File No. 120671, App. 9/24/2012, Eff. 10/24/2012)
SEC. 1282. LICENSED AUCTIONEERS EXCEPTED.¶
Sections 1279 and 1279.1 shall not apply to any licensed and bonded auctioneer. (Added by Ord. 1.075, App. 10/11/38; amended by Ord. 196-12 , File No. 120671, App. 9/24/2012, Eff. 10/24/2012)
SEC. 1289. DISCHARGE OF CANNON PROHIBITED.¶
Permit from Police Department. It shall be unlawful for any person to discharge or cause to be discharged any cannon, without special permission in writing from the Police Department, which shall designate the time and place of the firing and the number of discharges which are authorized. A copy of the permit shall be filed by the person obtaining the same in the office of the Chief of Police, with payment of the filing fee, at least two hours before the time of such firing, and the person or persons engaged in the discharge of any cannon shall, on demand by any citizen or peace-officer, exhibit the permit by which such firing is authorized. (Amended by Ord. 555-81, App. 11/12/81)
SEC. 1289.1. LICENSE.¶
Upon granting the permit, the Chief of Police shall forward the permit to the Tax Collector, who shall issue a license upon payment by the applicant of the license fee, payable in advance.
(Added by Ord. 555-81, App. 11/12/81)
SEC. 1290. DISCHARGE OF FIREWORKS PROHIBITED.¶
No person or persons, firm, company, corporation or association shall fire or discharge any fireworks of any kind or description within the limits of the City and County of San Francisco. Provided, however, that public displays of fireworks may be given with the joint written consent of the Fire Marshal and the Chief of Police. (Added by Ord. 1.075, App. 10/11/38; Ord. 50-11, File No. 101120, App. 3/16/2011)
SEC. 1291. PROHIBITING LOITERING WHILE CARRYING CONCEALED WEAPONS.¶
(a) As used in this Section, but in no wise limited thereto, "dangerous or deadly weapon" shall mean: any knife with a blade three inches or more in length; any spring-blade, switch-blade, or snap-blade or other similar type knife; any knife any blade of which is automatically released by a spring mechanism or other mechanical device; any ice pick, or similar sharp, stabbing tool; any straight edge razor or any razor blade fitted to a handle; any cutting, stabbing, bludgeoning weapon or device capable of inflicting grievous bodily harm. (b) It shall be unlawful for any person, while carrying concealed upon his person any dangerous or deadly weapon, to loaf or loiter upon any public street, sidewalk, or alley, or to wander about from place to place, with no lawful business thereby to perform, or to hide, lurk, loiter upon or about the premises of another. (c) It shall be unlawful for any person who has concealed upon his person or who has in his immediate physical possession any dangerous or deadly weapon to engage in any fight or to participate in any other rough or disorderly conduct upon any public place or way or upon the premises of another. (d) It shall be unlawful for any person who has concealed upon his person any dangerous or deadly weapon to loiter about any place where intoxicating liquors are sold or any other place of public resort. (e) The foregoing restrictions shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business or for the purpose of legitimate recreation. (f) Any person who shall violate this Section shall be guilty of a misdemeanor, the penalty for which shall be imprisonment in the County Jail for a period not exceeding six months, or by a fine not exceeding five hundred dollars ($500), or by both such fine and imprisonment. (g) Any person who shall violate this Section on a Municipal Transportation Agency transit platform or vehicle or within 25 feet of a bus zone shall be guilty of a misdemeanor, the penalty for which shall be imprisonment in the County Jail for a period not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment. For purposes of this Section, "a Municipal Transportation Agency transit platform" shall include, but not be limited to: an outdoor high- level boarding platform, a street-level boarding island, paid areas of any public transit station (including stations operated by the Bay Area Transit District), and MTA pole stops. "A Municipal Transportation Agency transit vehicle" shall include, but not be limited to: a street car, a cable car, a motor coach, a trolley coach, or other in-service public transit vehicle. (h) In the event that the Juvenile Court sustains a petition against a minor for conduct violating this Section (or the minor otherwise admits or submits to the petition), the Board of Supervisors urges the Court to favor community service and an in-home or other "noncustodial" placement in disposing of the case. (Amended by Ord. 9939, Series of 1939, App. 10/17/56; Ord. 227-10, File No. 100879, App. 8/17/2010)
SEC. 1292. PROHIBITING THE SALE, TRANSFER, OR POSSESSION OF SPRING-BLADE,¶
SWITCH-BLADE, SNAP-BLADE KNIVES, OR OTHER SIMILAR TYPE KNIVES; PENALTY THEREFOR. Notwithstanding any provision of this Article to the contrary, no person shall sell, offer for sale, expose for sale, keep, carry, possess, loan, transfer or give to any other person, any spring-blade, switch-blade, snap-blade knife, or other similar type knife, or any knife any blade of which is automatically released by a spring mechanism or other mechanical device. Violation of this Section shall be punished by fine of not less than $50 nor more than $100, or by imprisonment in the County Jail for a period of not less than 30 days nor more than 60 days. (Added by Ord. 9938, Series of 1939; App. 10/17/56)
SEC. 1293. PROHIBITING THE SALE OR TRANSFER OF KNIVES TO MINORS OTHER¶
THAN BY PARENTS OR GUARDIANS, EXCEPT FOR TABLE KNIVES AND KNIVES CURRENTLY PROHIBITED FROM SALE UNDER STATE LAW; PENALTIES FOR VIOLATION OF THIS SECTION. (a) Definitions. "Knife" includes, but is not limited to: any instrument with a cutting blade, made of steel or other similar durable cutting surface, capable of inflicting bodily harm. (b) Ban on the Sale of Knives to Minors. Notwithstanding any provision of this Article to the contrary or any type of knife already proscribed under California Penal Code Sections 653(k) and 12020(a), no person shall knowingly sell, offer for sale, expose for sale or transfer to any minor, any type of knife as defined in Subsection (a), other than table knives. This prohibition shall not apply to the sale or transfer of knives defined in Subsection (a) by a parent or guardian to their own child. (c) Penalties. Any person violating any provision of this Article shall be guilty of a misdemeanor or an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction, which decision shall be that of the District Attorney. If charged as an infraction, upon conviction, the violator shall be punished by a fine of not less than $125 or more than $250 for each provision violated. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine of not less than $500 or more than $600 for each provision violated or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. In any accusatory pleading charging a violation of this Article, if the defendant has been previously convicted of a violation of this Article, each such previous violation and conviction shall be charged in the accusatory pleading. Any person violating any provision of this Article a second time within a thirty day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $650 and not more than $750 for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Any person violating any provision of this Article a third time, and each subsequent time, within a thirty day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $750 and not more than $1000 for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. (Added by Ord. 239-93, App. 8/4/93)
SEC. 1295. GUIDES.¶
(a) No person shall for hire, guide or escort people through or about the City and County of San Francisco or any part thereof, unless he shall have paid a license fee in advance; provided, however, that no license shall be issued hereunder unless the applicant therefore shall first have obtained a written permit from the Chief of Police authorizing him to act as such guide. 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) Every person desiring a permit pursuant to this Section shall file an application with the Chief of Police upon a form provided by said Chief of Police and shall pay a filing fee. (c) Every licensed guide, while soliciting employment or acting as guide, shall wear conspicuously exposed on the outside lapel of his coat a badge, showing thereof his number and the words LICENSED GUIDE. The design, size and arrangement of numbering and lettering thereof shall be fixed by the Tax Collector, but shall be uniform. The badges shall be furnished by the Tax Collector at a cost fixed by the Tax Collector to cover the cost of issuing such badge, and shall be issued at the date of the issuance of the license herein provided for. Only one badge shall be issued to each licensed guide. (d) The provisions of this Section shall not apply to nonprofit organizations guiding or escorting people through or about the City and County of San Francisco as part of an educational program, or to individuals guiding or escorting people through or about the City and County of San Francisco as part of an educational program sponsored by a nonprofit organization. Upon request of the Police Department, a nonprofit organization claiming exemption under this subsection shall provide verification in a form acceptable to the Chief of Police of (1) its nonprofit organization status, and (2) the educational program of which the tour is a component. (Added by Ord. 555-81, App. 11/12/81; amended by Ord. 251-10, File No. 100528, App. 10/22/2010; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
SEC. 1297. NEIGHBORHOOD-RESTRICTED LIQUOR LICENSES.¶
The Chief of Police, or the Chief’s designee, is authorized, on behalf of the City and County of San Francisco, to provide signed verification that states an applicant for a neighborhood-restricted special on-sale general liquor license has completed the preapplication meeting required under California Business and Professions Code Section 23826.13(d)(3). (Added by Ord. 246-18, File No. 180732, App. 10/26/2018, Eff. 11/26/2018, Oper. 11/2/2018)
SEC. 1298. LIQUOR LICENSE CONDITIONS.¶
The Chief of Police is authorized, on behalf of the City and County of San Francisco, to request that the California Department of Alcoholic Beverage Control ("ABC") place conditions on a retail licensee or upon any licensee in the exercise of retail privileges, pursuant to California Business and Professions Code Section 23800. In support of the request, the Chief shall forward to the ABC substantial evidence that the requested conditions will mitigate problems either on the premises or in the immediate vicinity of the premises. The Chief is further authorized, on behalf of the City and County of San Francisco, to file with the ABC written objections to or concurrence with the removal or modification of any conditions on an ABC liquor license, pursuant to California Business and Professions Code Section 23803. The Chief shall provide any such recommendations or objections to the ABC in a timely manner in accordance with ABC rules and regulations. (Added by Ord. 263-00, File No. 001546, App. 11/17/2000)
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