San Francisco County Municipal Code Art. 28 Regulations

PROVISIONS Sec. 2800. Definitions. Sec. 2801. Permit Required. Sec. 2802. Filing and Fee Provision. Sec. 2803. Application Form. Sec. 2804. Corporate Applicant; Exemption. Sec. 2805. Verification of Application. Sec. 2806. Notice of Hearing. Sec. 2807. Issuance of Permit. Sec. 2808. Pawnbroking Permits; Limitation. Sec. 2809. Hours of Business. Sec. 2810. Requirement to Keep Records of Purchases and Sales. Sec. 2811. Report Forms to be Furnished by Chief of Police. Sec. 2812. Delivery of Blanks-Filing Reports-Open to Inspection. Sec. 2813. Articles to be Kept on Premises Twenty Days. Sec. 2814. Restriction as to the Location of Business. Sec. 2815. Rules and Regulations by Chief of Police. Sec. 2816. Display of Permit. Sec. 2817. Suspension and Revocation of Permit. Sec. 2818. License Fees. Sec. 2819. Transfer of Permit. Sec. 2820. Forfeiture of License Fee. Sec. 2821. Time Limit for Filing Application and Permit; Nonretroactive Application to Existing Permit. Sec. 2822. Penalties. Sec. 2824. Severability.

SEC. 2800. DEFINITIONS.

For the purpose of this Article, the following words and phrases shall mean and include: (a) Pawnbroker. Any person who or which loans money on the delivery or deposit of personal property as security for the repayment of said loan; provided, however, that any bank or other institution authorized to conduct its business under the banking laws of the State of California, or under the laws of the United States, that loans money on stocks, bonds, securities or other contracts, shall not be deemed to be a pawnbroker. (b) Person. An individual, firm, partnership, joint adventurer, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit excepting the United States of America, the State of California, and any political subdivision of either thereof. (c) Tax Collector. Tax Collector of the City and County of San Francisco. (d) Chief of Police. The Chief of Police of the City and County of San Francisco or his designated representative. (e) City. City and County of San Francisco. (Added by Ord. 299-72, App. 10/19/72) SEC. 2801. PERMIT REQUIRED. It shall be unlawful for any person to operate or to cause or permit to be operated any pawnbroking business without first having obtained a permit from the Chief of Police. (Added by Ord. 299-72, App. 10/19/72) SEC. 2802. FILING AND FEE PROVISION. Every person desiring a permit pursuant to this Article shall file an application with the Chief of Police upon a form provided by the Chief of Police and pay a filing fee which shall not be refundable. (Amended by Ord. 555-81, App. 11/12/81) SEC. 2803. APPLICATION FORM. Except as otherwise provided herein, an application for a permit pursuant to the provisions of this Article shall specify: (a) The address of the location for which the permit is required, together with the business name of such location. (b) The name and proposed business address of the applicant; if the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation; and the applicant shall also set forth the date and place of incorporation; the names and residence addresses of each of the officers, directors, and each stockholder owning more than 10 per cent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Section pertaining to a corporate applicant apply. (c) Whether or not the applicant has ever been convicted of any crime except misdemeanor traffic violations and if so convicted, the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as the result of said conviction. (d) The names and addresses of the persons who have authority or control over the place for which the permit is requested, and a brief statement of the nature and extent of such authority and control. (e) Such information pertinent to the operation of the proposed activity, including information as to management and authority control, as the Chief of Police may require of an applicant in addition to the other requirements of this Section. (f) The address to which notice, when required, is to be sent or mailed, and the name and address of a person authorized to accept service of process, if not otherwise set forth herein. (g) Whether the application is for a new permit or for the renewal of an existing permit. (h) The Chief of Police shall require fingerprint identification of the permit applicant if a sole proprietor, the general partner or partners of a partnership if filing for an application, and all those having control and authority over the pawnbroking business for which the permit is to be issued. (Added by Ord. 299-72, App. 10/19/72)

SEC. 2804. CORPORATE APPLICANT; EXEMPTION. The provisions of Section 2803 (h) entitled "Application Form" relating to requirements for corporate applicants shall not apply to any of the following: (1) A corporation, the stock of which is listed on a stock exchange in the State of California or in the City of New York, State of New York. (2) A bank, trust company, financial institution or the company to which application is made or to whom a license is issued in a fiduciary capacity. (3) A corporation which is required by law to file periodic reports with the Securities and Exchange Commission. (Added by Ord. 299-72, App. 10/19/72) SEC. 2805. VERIFICATION OF APPLICATION. Every application for a permit under this Article shall be verified as provided in the California Code of Civil Procedure for the verification of pleadings. (Added by Ord. 299-72, App. 10/19/72) SEC. 2806. NOTICE OF HEARING. When an application is filed for a new permit, or in the case of a change of location of an existing permit under this Article, the Chief of Police shall fix a time and place for a public hearing thereon within 40 days from the date of filing said application. Not less than 10 days before the date of such hearing, the Chief of Police shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed pawnbroking business is to be operated and the applicant shall maintain said notice as posted the required number of days. (Amended by Ord. 209-73, App. 6/6/73) SEC. 2807. ISSUANCE OF PERMIT. The Chief of Police may issue a permit within 14 days following the hearing as provided in Section 2806 herein, based upon his investigation and subsequent to the public hearing provided for above, if he finds: (1) That the operation, as proposed by the applicant, if permitted, would comply with all applicable laws, including but not limited to, the City's building, health, zoning and fire ordinances. (2) That the applicant and any other person who will be directly engaged in the management and operation of a pawnbroking business has not been convicted in a court of competent jurisdiction, by final judgment of: (a) An offense involving the use of force and violence upon the person of another that amounts to a felony, or if committed without the State of California would amount to a felony if committed within the State of California; (b) An offense involving the use of force and violence upon the person of another, provided that such person committed three separate offenses within the past five years. (3) That the applicant has not knowingly made any false, misleading, or fraudulent statement of facts in the permit application or any other document required by the Chief of Police in conjunction therewith. (Added by Ord. 299-72, App. 10/19/72) SEC. 2808. PAWNBROKING PERMITS; LIMITATION.

Only one permit for operation of the business of pawnbroking may be issued to any person or combination of persons, corporations or co- partnerships. Any person, corporation or co-partnership who presently holds more than one permit to operate the business of pawnbroking shall be exempt from this provision when filing for new permits under this Article. (Added by Ord. 299-72, App. 10/19/72) SEC. 2809. HOURS OF BUSINESS. No person, firm, corporation, co-partnership or association shall engage in the business of pawnbroking or keep its place of business open or transact any business therein on any day except Monday through Friday between the hours of 8:00 a.m. and 6:30 p.m., and Saturday and Sunday between the hours of 8:00 a.m. and 7:30 p.m. No person, firm, corporation, co-partnership or association shall engage in the business of pawnbroking or keep its place of business open or transact business on any of the following days, New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. (Added by Ord. 299-72, App. 10/19/72; Ord. 103-06, File No. 060013, App. 5/19/2006; Ord. 111-06, File No. 060672, App. 5/19/2006) Editor's note: Ordinances 103-06 and 111-06 should be considered in tandem. Ordinance 103-06 amended Section 2809 to allow pawnbrokers to operate on Mondays following a holiday. Ordinance 111-06 amended Section 2809 to allow pawnbrokers to operate on Sundays. The Board of Supervisors consecutively passed both ordinances at the same session. The Mayor approved both ordinances on May 19, 2006. SEC. 2810. REQUIREMENT TO KEEP RECORDS OF PURCHASES AND SALES. Every person in the business of pawnbroking shall keep a record of all such articles sold or purchased, including the signature of the person selling the same, which shall be open to the inspection of the Chief of Police or, of any police officer, at all times during business hours. (Added by Ord. 299-72, App. 10/19/72) SEC. 2811. REPORT FORMS TO BE FURNISHED BY CHIEF OF POLICE. The Chief of Police shall cause blanks to be printed which shall be so subdivided that they shall have space for writing the following: Description of the article purchased, description of the article sold, description of article otherwise dealt with, name and residence of person, firm or corporation from whom purchased, name and place of residence of person, firm or corporation to whom sold, name and place of residence of person, firm or corporation with whom otherwise dealt, showing true name as nearly as known, age, sex, complexion, color of mustache or beard, or where both are worn, style of dress, height, also the time when the articles were purchased, sold, or otherwise dealt with. Said blanks shall also bear a caption providing blank spaces in which to fill in dates of said report, the name and place of residence of the person making the sale, and the hour of day when made. (Added by Ord. 299-72, App. 10/19/72) SEC. 2812. DELIVERY OF BLANKS-FILING REPORTS-OPEN TO INSPECTION. The Chief of Police shall cause said blanks to be delivered to the person from whom said reports are required, from time to time without charge, and shall upon receipt of said report file the same in some secure place in his office, and the same shall be open to inspection only to the Police Department of said City and County, or upon the order of some court of competent jurisdiction. (Added by Ord. 299-72, App. 10/19/72) SEC. 2813. ARTICLES TO BE KEPT ON PREMISES TWENTY DAYS.

Any person buying or receiving in pledge, or otherwise, any goods, wares, merchandise, or articles of any description, other than furniture and household goods, shall not in any way dispose of the same, but keep it on the premises for 20 days, for the inspection of the Chief of Police, or any other police officer except in cases of transactions when the true owner shall have redeemed, repurchased or recovered the article. (Added by Ord. 299-72, App. 10/19/72) SEC. 2814. RESTRICTION AS TO THE LOCATION OF BUSINESS. Permits issued by the Chief of Police for the business of pawnbroking shall be limited by the following restrictions: (a) One to an Assessor's Block. (b) Two hundred feet from the property line of any church or school, as mentioned by a public thoroughfare. (Added by Ord. 299-72, App. 10/19/72) SEC. 2815. RULES AND REGULATIONS BY CHIEF OF POLICE. The Chief of Police may adopt after a noticed public hearing, rules and regulations supplemental to this Article and not in conflict therewith. The rules and regulations shall become effective 10 days after publication by the Chief of Police. (Added by Ord. 299-72, App. 10/19/72) SEC. 2816. DISPLAY OF PERMIT. Every permittee under the provisions of this Article shall display the permit issued in a prominent place within the premises. (Added by Ord. 299-72, App. 10/19/72) SEC. 2817. SUSPENSION AND REVOCATION OF PERMIT. The Chief of Police may suspend or revoke any permit issued hereunder if he finds, after a noticed public hearing, that any of the following conditions exist: (a) Fraud, misrepresentation, or false statement contained in the application or permit. (b) Violation of provisions of this Article, the San Francisco Municipal Code, Charter Section 3.537, or any of the laws of the State of California regulating the business of pawnbroking. (c) Conviction of a felony. (Added by Ord. 299-72, App. 10/19/72) SEC. 2818. LICENSE FEES. Every person who has received a permit to operate the business of pawnbroking shall pay to the Tax Collector an annual license fee. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.* (Amended by Ord. 555-81, App. 11/12/81; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012) SEC. 2819. TRANSFER OF PERMIT.

No permit shall be transferable except with the written consent of the Chief of Police. The application for such transfer shall contain the same information as requested herein for an initial application for such permit and shall be accompanied by the same filing fee as for an initial application. No permit shall be transferred, unless the revenue fee as provided in Section 2.29 of this Code shall have been paid to the Tax Collector. (Amended by Ord. 555-81, App. 11/12/81) SEC. 2820. FORFEITURE OF LICENSE FEE. On revocation of the permit no part of the annual license fee shall be returned and the said license fee shall be forfeited to the City. (Added by Ord. 299-72, App. 10/19/72) SEC. 2821. TIME LIMIT FOR FILING APPLICATION AND PERMIT; NONRETROACTIVE APPLICATION TO EXISTING PERMIT. All persons who possess an outstanding permit to operate the business of pawnbroking heretofore issued by the Police Department must file for a new permit within 90 days of the effective date of this Article. Failure so to do shall make continued operation of said place of business a violation of Section 2822 hereof. The Chief of Police shall issue new permits to all persons presently holding outstanding permits to operate a business of pawnbroking. (Added by Ord. 299-72, App. 10/19/72) SEC. 2822. PENALTIES. Any person who violates any provision of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof such person shall be punished by a fine not to exceed $500 or by imprisonment in the County Jail for a period not to exceed six months or by both such fine and imprisonment. (Added by Ord. 299-72, App. 10/19/72) SEC. 2824. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. (Added by Ord. 299-72, App. 10/19/72) SEC. 2825. RESERVED. (Added by Ord. 66-91, App. 2/28/91; amended by Ord. 65-96, App. 2/9/96) Editor's Note: Former Sec. 2825 ("Moratorium on the Granting of Permits in the Mission and Ingleside Police Districts") expired by operation of its sunset provision on 1/15/2001.