San Francisco County Municipal Code Art. 33Q [redesignated]

Editor’s Note: Article 33Q (“Private Sector Military Leave Pay”) was redesignated as Labor and Employment Code Article 15 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.

(Added by Ord. 8-23, File No. 221124, App. 1/20/2023, Eff. 2/20/2023; redesignated as Labor and Employment Code Sec. 15.1 by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(Added by Ord. 8-23, File No. 221124, App. 1/20/2023, Eff. 2/20/2023; redesignated as Labor and Employment Code Sec. 15.2 by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(Added by Ord. 8-23, File No. 221124, App. 1/20/2023, Eff. 2/20/2023; redesignated as Labor and Employment Code Sec. 15.3 by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(Added by Ord. 8-23, File No. 221124, App. 1/20/2023, Eff. 2/20/2023; redesignated as Labor and Employment Code Sec. 15.4 by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(Added by Ord. 8-23, File No. 221124, App. 1/20/2023, Eff. 2/20/2023; redesignated as Labor and Employment Code Sec. 15.5 by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(Added by Ord. 8-23, File No. 221124, App. 1/20/2023, Eff. 2/20/2023; redesignated as Labor and Employment Code Sec. 15.6 by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(Added by Ord. 8-23, File No. 221124, App. 1/20/2023, Eff. 2/20/2023; redesignated as Labor and Employment Code Sec. 15.7 by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(Added by Ord. 8-23, File No. 221124, App. 1/20/2023, Eff. 2/20/2023; redesignated as Labor and Employment Code Sec. 15.8 by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024) ARTICLE 34:

REGULATIONS FOR PHOTOGRAPHERS – PERMIT AND LICENSE PROVISIONS Sec. 3400. Definitions. Sec. 3401. Permit Required. Sec. 3402. Application for Permit. Sec. 3403. Investigation – Issuance or Denial of Permit – Expiration Date. Sec. 3404. License. Sec. 3405. License Fee. Sec. 3406. Renewal of Permit. Sec. 3407. Revocation of Permit – Rules and Regulations. Sec. 3408. Permit and License not Exemption from any other Provisions of Code. Sec. 3410. Street Photographer. Sec. 3411. Application for Permit – Bond. Sec. 3412. Investigation of Application of Principal of Permit. Sec. 3413. Application for Street Permit – Issuance of Permit. Sec. 3414. Filing Application and Fee. Sec. 3415. License Fee. Sec. 3416. Issuance of "Street Photographer" Badge. Sec. 3417. Penalty. Sec. 3420. Photographic Solicitors. Sec. 3421. Application for Permit Bond. Sec. 3422. Investigation of Application of Principal – Issuance of Permit. Sec. 3423. Application for Street Permit – Investigation – Issuance of Permit. Sec. 3424. Filing Application and Fee. Sec. 3425. License Fee. Sec. 3426. Badge. Sec. 3427. Penalty.

SEC. 3400. DEFINITIONS. As used in Sections 3400 through 3408 the following words shall have the following respective meanings: (a) "Photographer" shall mean every person, firm or corporation engaged in the business of taking photographs of human beings in a public place or any place open to the public for any purpose, except as an established photographic studio upon an agreement or understanding that money or other lawful consideration will be paid for the said taking. (b) "Solicitor" shall mean every person acting as servant, agent or employee of a photographer, as defined herein, who solicits the taking or actually takes photographs of human beings in a public place or any place open to the public for any purpose, except as an established photographic studio, upon an agreement or understanding that money or other lawful consideration will be paid for the said taking. The aforesaid definitions shall not include a "Street Photographer" as defined in this Article, nor photographers employed by newspapers or other similar publications while engaged in the scope of their employment. (Added by Ord. 555-81, App. 11/12/81) SEC. 3401. PERMIT REQUIRED. It shall be unlawful for any person, firm or corporation to engage in or carry on, or to maintain or conduct, or cause to be engaged in, carried on, maintained or conducted, the business of photographer in public places or to act as a solicitor without having first secured a permit to do so from the Chief of Police and a license therefor from the Tax Collector. (Added by Ord. 555-81, App. 11/12/81)

SEC. 3402. APPLICATION FOR PERMIT. Every person requiring a permit as provided for in Section 3401 shall make written application to the Chief of Police for such a permit on forms provided by the Police Department together with a filing fee. Said application shall be accompanied by fingerprints of the applicant, shall contain all information deemed relevant by the Chief of Police, and for a permit as photographer, shall contain in addition thereto the name, business or occupation, and resident address of each person financially interested in such business. For a permit as solicitor, such application shall be first authorized in writing by the photographer engaging, employing or hiring such person. (Added by Ord. 555-81, App. 11/12/81) SEC. 3403. INVESTIGATION – ISSUANCE OR DENIAL OF PERMIT – EXPIRATION DATE. Upon receipt of said application the Chief of Police shall conduct such investigation as he may deem proper as to the character and morals of the applicant and the character of the business to be conducted. The Chief of Police may deny said application when, in his opinion, good cause exists therefor. If the Chief of Police approves the granting of said permit, he may issue a permit to said applicant which permit shall be serially numbered and shall expire on the last day of the calendar year in which issued. (Added by Ord. 555-81, App. 11/12/81) SEC. 3404. LICENSE. When any permit is issued under the provisions of Sections 3400 to 3408, the Chief of Police shall cause said permit to be forwarded to the Office of the Treasurer and Tax Collector for delivery to the permittee upon the payment of the license fee. (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. 3405. LICENSE FEE. Every holder of a permit as herein provided 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.* The licensee shall issue to each solicitor employed a badge of such wording, design and material as the Chief of Police shall authorize. Said badge shall be worn on the person by the solicitor for whom it was issued, in a conspicuous place for the public to see, at all times when said person is engaged in taking such photographs or soliciting the same. It shall be unlawful for any other person to wear or otherwise display said badge. (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. 3406. RENEWAL OF PERMIT. Renewal of the permit shall be in accordance with the provisions set forth in Section 23 of Article I, Part III, of the San Francisco Municipal Code. (Added by Ord. 555-81, App. 11/12/81) SEC. 3407. REVOCATION OF PERMIT – RULES AND REGULATIONS. The Chief of Police may revoke any permit issued hereunder when the permittee is violating, attempting to violate, any law of the State of California, any ordinance of the City and County of San Francisco, any provisions of Sections 3400 to 3408, or the rules and regulations issued by the Chief of Police governing the conduct or operations of the permittee. Written notice of such revocation shall be forwarded by

the Chief of Police to the Tax Collector. The Chief of Police is hereby authorized to adopt, promulgate and enforce such rules and regulations, consistent with the provisions of Sections 3400 to 3408, as he may deem necessary to govern the conduct or operations of photographers or solicitors, as herein defined. (Added by Ord. 555-81, App. 11/12/81) SEC. 3408. PERMIT AND LICENSE NOT EXEMPTION FROM ANY OTHER PROVISIONS OF CODE. The issuance of a permit or license under the provisions of Sections 3400 to 3408 shall not exempt the permittee or licensee from any other provisions of the San Francisco Municipal Code or any ordinance of the City and County of San Francisco requiring a permit or license or otherwise regulating the taking, or soliciting the taking, of photographs. (Added by Ord. 555-81, App. 11/12/81) SEC. 3410. STREET PHOTOGRAPHER. Definition. As used in Sections 3410 to 3417, inclusive, of this Article, "Street Photographer" shall mean every person, firm or corporation engaged in the business of photography and carrying on said business or any portion thereof in any public street, alley, park or other public place in the City and County of San Francisco, and who in the course of such business issues or causes to be issued a coupon or other means of identification to any person who is the subject of the photograph, which means of identification upon presentation to a designated address entitles the holder thereof, upon the payment of a fee or charge, to receive a copy of the photograph so taken. (Added by Ord. 555-81, App. 11/12/81) SEC. 3411. APPLICATION FOR PERMIT – BOND. Each person, firm or corporation engaging in the business of photography as described in Section 3410 shall make written application to the Chief of Police for a permit to engage in such business and shall, at the time of making such application file with the Chief of Police a bond in the sum of $500 which shall run to the City and County of San Francisco and to any person, firm or corporation who shall sustain any injury or loss covered by the bond. Such bond shall be executed by the applicant 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. The bond shall be conditioned that the principal will indemnify any and all persons, firms or corporations for any direct loss suffered by any unlawful act on the part of the principal or any agent or agents of the principal in the conduct of such business. Such bond shall remain in force and effect until the permit of the principal is revoked or until the bond is cancelled by the surety. The surety may cancel said bond and be relieved of further liability thereunder by giving 15 days written notice to the Chief of Police of the City and County of San Francisco. The aggregate liability of the surety for any and all claims which may arise under such bond shall in no event exceed the amount of the penalty of such bond regardless as to the length of time it shall remain in force or the number of renewal licenses issued thereunder. Any person, firm or corporation who sustains any injury or loss covered by this bond may, in addition to any other remedy that he may have, bring an action in his own name upon 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 and after the time of the alleged unlawful act complained of may have occurred. (Added by Ord. 555-81, App. 11/12/81) SEC. 3412. INVESTIGATION OF APPLICATION OF PRINCIPAL OF PERMIT. Upon receipt of said application as provided in Section 3411, the Chief of Police shall cause to be investigated the character and business of the applicant, the designated address at which such applicant proposes to engage in business as specified in said application, and, after a hearing thereon, may issue or deny the permit applied for. (Added by Ord. 555-81, App. 11/12/81) SEC. 3413. APPLICATION FOR STREET PERMIT – ISSUANCE OF PERMIT.

Each person or each individual member of said firm or corporation who desires to take such photographs is such business in any public street, alley, park or other public place, and each person engaged, employed or hired by such licensed person, firm or corporation to take such photographs in any public street, alley, park or other public place, shall make written application to the Chief of Police for a permit to engage in such occupation, which application shall be first authorized in writing by the person, firm or corporation engaging, employing or hiring such person or authorizing a member of said firm or corporation to take such photographs as provided in Sections 3410 to 3417. The Chief of Police, after a hearing thereon, may issue or deny the permit applied for, and may, at his discretion, limit the operation of the permit holder to certain specified public streets, alleys, parks or other public places. (Added by Ord. 555-81, App. 11/12/81) SEC. 3414. FILING APPLICATION AND FEE. Every person desiring a permit pursuant to Sections 3410 to 3417 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. 3415. LICENSE FEE. Every street photographer shall pay a license fee for each such designated address, and, in addition thereto a license fee for each and every person engaged, employed or hired by said person, firm or corporation to take such photograph in any public street, alley, park or other public place, or for each person or each individual member or said firm or corporation who desires to take such photograph in such business in any public street, alley, park or other public place. (Added by Ord. 555-81, App. 11/12/81) SEC. 3416. ISSUANCE OF "STREET PHOTOGRAPHER" BADGE. The Tax Collector shall, upon receipt of the permit provided for in Section 3413 of this Article and the payment of the license fee, issue to the permittee a serially numbered metallic badge having imprinted thereon the words "Street Photographer" and the year for which the license was issued. Said badge shall be worn on the person for whom it was issued, in a conspicuous place for the public to see, at all times when said person is engaged in taking photographs as provided in this section. A badge fee shall be charged to cover the costs of the badge. (Added by Ord. 555-81, App. 11/12/81) SEC. 3417. PENALTY. Every person, firm or corporation, violating any of the provisions of Sections 3410 through 3416 of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $500, or imprisonment in the County jail for a period of not more than 30 days, or by both such fine and imprisonment. (Added by Ord. 555-81, App. 11/12/81) SEC. 3420. PHOTOGRAPHIC SOLICITORS. Definition. As used in Sections 3420 to 3427, inclusive, "Photographic Solicitor" shall mean every person, firm or corporation engaged in the business of photography and who solicits said business or any portion thereof in any public street, alley, park or other public place in the City and County of San Francisco, and who, upon payment of a fee or charge in the course of such said business as is conducted in any public street, alley, park or other public place, issues or causes to be issued a coupon or other means of identification which, upon presentation at a designated address entitles the holder to be photographed and to have a copy of such photograph transmitted in accordance with his directions. (Added by Ord. 555-81, App. 11/12/81)

SEC. 3421. APPLICATION FOR PERMIT BOND. Each person, firm or corporation engaging in the business of soliciting photography as described in Section 3420 shall make written application to the Chief of Police for a permit to engage in such business and shall at the time of making such application, file with the Chief of Police, a bond in the sum of $500 which shall run to the City and County of San Francisco and to any person, firm or corporation who shall sustain injury or loss covered by the bond. Such bond shall be executed by the applicant 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. The bond shall be conditioned that the principal will indemnify any and all persons, firms or corporations for any direct loss suffered by any unlawful act on the part of the principal or any agent or agents of the principal in the conduct of such business. 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 thereunder by giving 15 days written notice to the Chief of Police of the City and County of San Francisco. The aggregate liability of the surety for any and all claims which may arise under such bond shall in no event exceed the amount of the penalty of such bond regardless as to length of time it shall remain in force or the number of renewal licenses issued thereunder. Any person, firm or corporation who sustains any injury or loss covered by this bond may, in addition to any other remedy that he may have, bring an action in his own name upon 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 and after the time of the alleged unlawful act complained of may have occurred. (Added by Ord. 555-81, App. 11/12/81) SEC. 3422. INVESTIGATION OF APPLICATION OF PRINCIPAL – ISSUANCE OF PERMIT. Upon the receipt of said application as provided in Section 3423, the Chief of Police shall cause to be investigated the character and business of the applicant, the designated address at which such applicant proposes to engage in business as specified in said application and after a hearing thereon, may issue or deny the permit applied for. (Added by Ord. 555-81, App. 11/12/81) SEC. 3423. APPLICATION FOR STREET PERMIT – INVESTIGATION – ISSUANCE OF PERMIT. Each person or each individual member of such firm or corporation who desires to solicit such photographic business in any public street, alley, park or other public place, and each person engaged, employed or hired by such licensed person, firm or corporation to solicit such photographic business in any public street, alley, park or other public place, shall make written application to the Chief of Police for a permit to engage in such occupation, which application shall be first authorized in writing by the person, firm or corporation engaging, employing or hiring such person or authorizing a member of said firm or corporation to solicit such photographic business. The Chief of Police, after a hearing thereon, shall issue the permit applied for upon proof of good moral character of the applicant, and shall in his discretion limit soliciting of photographic business to certain specified public streets, alleys, parks or other public places, in the interest of public safety. Any authorized permittee may solicit business at any public place within such area as may be so limited. (Added by Ord. 555-81, App. 11/12/81) SEC. 3424. FILING APPLICATION AND FEE. Every person desiring a permit pursuant to Section 3423 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. 3425. LICENSE FEE. Every photographic solicitor shall pay a license fee for each such designated address and, in addition thereto, a license fee for each and

every person engaged, employed or hired by said person, firm or corporation to solicit such business in any public street, alley, park or other public place. 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. 3426. BADGE. The Tax Collector shall, upon the receipt of the permit provided for in Section 3423 of this Article and the payment of the required license fee, issue to the permittee a serially numbered metallic badge having imprinted thereon the words "Photographic Solicitor" and the year for which the license was issued. Said badge shall be worn on the person for whom it was issued, in a conspicuous place for the public to see at all times when said person is engaged in soliciting photographic business as provided in Sections 3420 to 3427. A badge fee shall be charged to cover the costs of the badge. (Added by Ord. 555-81, App. 11/12/81) SEC. 3427. PENALTY. Every person, firm or corporation violating any of the provisions of Sections 3420 through 3426 shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than $500 or by imprisonment in the County Jail for a period of not more than 30 days, or by both such fine and imprisonment. (Added by Ord. 555-81, App. 11/12/81)